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HomeMy WebLinkAbout67-08 Always Green Garden Ctr. - Nursery - Gainesboro - BackfileSITE PLAN TRACKING SHEET ✓ OIIe copy of Site Plan application form ✓ Payment of site plan review fee One reproducible copy of Site Plan OPEN FILE: 2 O e) 15 File Opened 4 D D Reference Manual updated/number assigned 0 D-base updated f pplication Action Summary updated I CLOSE FILE: a �O 6 Approved (or denied) letter mailed to applicant/copy to file and ce's 3 b File staIIlped "approved", "denied" or "withdrawn" a (� Reference Manual updated D-base updated 3 30 D Application Action Summary updated Sys ID 9� ` O co mLo r N o Q � a� a o o pl C/5 "J oQ�>� Y2 tI ) O DATE `1 I NCB. RECEIVE V� ADDDDRESS30% (' / `' . �e cLC� T JC ��yl/Yi �� 1 l A �R �I � (0a'ylC1 C)qV %e'�teQ( DOLLARS $d/ O �. ❑ FOR RENT C] FOR AMT. OF CASH ` ACCOUNT AMT. PAID CHECK 1 BALANCE MONEY Y!✓v�1, DUE ORDER BY Candice Perkins From: John Bishop Sent: Monday, December 07, 2009 1:20 PM To: Candice Perkins Subject: FW: Always Green From: John Bishop Sent: Monday, December 07, 2009 1:19 PM To: Eric Lawrence Subject: Always Green Heard back from Lloyd. They would like always green to pull a permit that would be secured with a very small 2500- 3500 bond. They would like the improvements to be guaranteed by a date certain after which the County would be able to pull their business license or some other sort of measure along those lines. Thanks John John A. Bishop, AICP Deputy Director - Transportation Frederick County Planning & Development 107 North Kent St, Suite 202 Winchester, VA 22601 Ph: 540-665-5651 F: 540-665-6395 jbisho pa co.frederick.va.us Candice Perkins From: Always Green [alwaysgreenpropertymgmt@yahoo.comj Sent: Tuesday, November 24, 2009 5:02 PM To: Eric Lawrence Cc: Candice Perkins Subject: RE: Always Green Garden Center Hi Eric, Thank you so much! April 1 st, 2012 gives us time and extra cushion as well. We can definitely commit safely to that date. We are financially sound with great credit and actually have very little debt with this project (only $35,000 total debt to the USDA) as we've paid everything else cash out of pocket. Once the business is helping pay the land payment ($1,200/month), we have a lot of flexibility to put aside the needed funds for the road. We have a lengthy business plan that if it helps put your mind at ease, will happily provide a copy to you and any other financial information that you would like. We are very genuinely concerned about the bond as the bond market turned us down before regardless of good credit. Hopefully it has loosened. OPTION A: (MOST PPREFERABLE) Do you think VDOT would be open to an arrangement where our business license would be pulled/we would be "thrown off" off the land by the county should we not perform? That's most preferable. Option B: we currently have $10,000 frozen in the bank (in lieu of the E&S bond) pending release from the county once we've completed the site plan. We have a small punch list of a few remaining items and then we'll be ready to have the county re -inspect. We could re -freeze this $10,000 pending the VDOT work? This isn't the most preferable since this $10,000 will pay for 1/4th to 1/5th of the needed VDOT work and can't be used for the actual work if it's frozen. From what we've gathered with a little more research, when we hire a company to do the VDOT work, most of them are able to post the bond while performing the work. We'vc spoken w/ Carroll Const. about doing this, which they do often (for a small fee of course:) Assuming that we are understanding this correctly, we will actually only need to come up with the funds to perform the work ($40,000 - $50,000) rather than both this and the cost of the bond (total of almost $100,000). Also - much, much more feasible! We've asked Lail if he would help pay for this as it's an improvement to his property. He hasn't committed but did say he would be willing to chip in. However, in light of this economy, we aren't relying on this and will be fully prepared to handle it on our own if needed. Thank you both again for all of your help! Sincerely, Always Green Joe & Sarah Fromme Office Phone: (540) 667-2942 Please visit our website: www.alwaysgreenllc.coin --- On Tue, 11/24/09, Eric Lawrence<elaivreii@cofi-erlerick.va.irs> wrote: Froin: Eric Lawrence <elawrenc@co.frederick.va.us> Subject: RE: Always Green Garden Center To: "Always Green"<alwaysgreenpropertymgmt@yahoo.com> 1 Cc: "Candice Perkins" <cperkins@co.frederick.va.us> Date: Tuesday, November 24, 2009, 4:08 PM Hi Joe and Sarah. As a follow-up to our discussion last week, we have spoken to VDOT regarding deferment of the VDOT required road/entrance improvements as depicted on the site plan. VDOT has requested more information, such as how long before the improvements would be installed, and if any bond would be submitted as a guarantee that the improvements would occur within the agreed to time frame. I am interested in what time frame you feel is necessary to complete the improvements. My initial thoughts are that all VDOT right-of-way improvements should be completed by April 1, 2012 (2 years). But I am interested in learning your specific abilities based on your business plan. VDOT has requested this information prior to any commitments on their part to allow you to open without the improvements in place. Thanks for your response. -Eric From: Always Green[maiIto:alwaysgreenpropertymgmt@yahoo.com] Sent: Friday, November 20, 2009 8:37 PM To: Eric Lawrence Subject: RE: Always Green Garden Center Hi Eric, We want to thank you both for meeting with us today. It was a plcasure to meet you. While the experience and journey have often been full of challenges, we've always had good experiences with everyone in the planning department. Sincerely, Joe and Sarah Fromme Always Green Office Phone: (540) 667-2942 Please visit our website: www.alwaysgreenllc.com --- On Mon, 11/16/09, Eric Lawrence <elawrenc@o frederick.va.rrs> wrote: From: Eric Lawrence <elawrenc@co.frcderick.va.us> Subject: RE: Always Green Garden Center To: "Always Green"<alwaysgreenpropertymgirit@yahoo.corn> Date: Monday, November 16, 2009, 2:14 PM 9:30 Friday works. Yes — I'm in the Planning Department. See you on Friday. -Eric From: Always Green[mailto:alwaysgreenpropertymgmt@yahoo.com] Sent: Monday, November 16, 2009 2:11 PM To: Eric Lawrence Subject: Always Green Garden Center Great. Let's go with Friday. How does 9:30 sound? Our garden center is named Always Green Garden Center We are in the Gainesboro district on 522 North next to Ridge Country Store. If you happen to drive by, you'll see our greenhouses etc... The site plan was approved through Frederick County this past March or April. We are nearing the end of completion of the site plan and plan to open for the spring rush (late March 2010). Is your office in the planning department? Sincerely, Always Green Office Phone: (540) 667-2942 Please visit our website: www.alwaysgreenllc.corn --- On Mon, 11/16/09, Eric Lawrence <elawrenc@co.frederick.va.rrs> wrote: From: Eric Lawrence <elawrenc@co.frederick.va.us> Subject: RE: Always Green Garden Center To: alwaysgreenpropertyingint@yahoo.com Date: Monday, November 16, 2009, 9:44 AM Good morning. I'm avialble Tuesday (nov 17) in the morning, or anytime Friday (Nov 20). Let me know what date/time works best for your schedule. Also, please provide me some inforrrration such as property location, and details on your garden center. This information will be useful as I gain a better understanding into your proposed business. Thanks -Eric Eric R. Lawrence, AICP Director; Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrencRco. frederick.va.us http'/hvww.co.fi-eder-ick.va.us/Planning www.co.fi•ederick.va.us -----Original Message ----- From: alwaysgreenpropertyrngmt(cDyahoo.coin [maiIto: always greenpropertyin niitpyahoo.com] Sent: Monday, November 16, 2009 9:19 AM To: Eric Lawrence Subject: Always Green Garden Center "This message was sent via the website email form." Sender: Joseph Fromme Email: alwaysgreenpropertym �nt�rr. yalioo.coni IP address: 24.127.78.184 Date: 11/16/2009 9:18:31 AM CC: Message: Hello Eric, Kevin Croscn, board member fi-onthe Back Creek Dist., suggested that I contact you to arrange a meeting. My wife and I have been developing a small piece of land here in Fred. Co. whicli will serve our community with a garden center. We have a couple of small challenges that we would like to discuss with you and get your thoughts on. If you could, give us a call or e-mail with a date/time that's convenient to meet. Joe Fromme 664-8839 Sarah Fromme 550-6449 al«,aysgreenpropertyirigmt@yalioo.com Candice Perkins From: Eric Lawrence Sent: Tuesday, November 24, 2009 4:09 PM To: Always Green Cc: Candice Perkins Subject: RE: Always Green Garden Center Hi Joe and Sarah. As a follow-up to our discussion last week, we have spoken to VDOT regarding deferment of the VDOT required road/entrance improvements as depicted on the site plan. VDOT has requested more information, such as how long before the improvements would be installed, and if any bond would be submitted as a guarantee that the improvements would occur within the agreed to time frame. I am interested in what time frame you feel is necessary to complete the improvements. My initial thoughts are that all VDOT right-of-way improvements should be completed by April 1, 2012 (2 years). But I am interested in learning your specific abilities based on your business plan. VDOT has requested this information prior to any commitments on their part to allow you to open without the improvements in place. Thanks for your response. -Eric From: Always Green[mailto:alwaysgreenpropertymgmt@yahoo.com] Sent: Friday, November 20, 2009 8:37 PM To: Eric Lawrence Subject: RE: Always Green Garden Center Hi Eric, We want to thank you both for meeting with us today. It was a pleasure to meet you. While the experience and journey have often been full of challenges, we've always had good experiences with everyone in the planning department. Sincerely, Joe and Sarah Froinme Always Green Office Phone: (540) 667-2942 Please visit our website: www.alwaysgi-ecnllc.com --- Oil IN10119 11/16/09, Eric Lawrence <elafvrencRco. ftederick. na.us> wrote: From: Eric Lawrence <elawrenc�a co.frederick.va.us> Subject: RE: Always Green Garden Center To: "Always Green" <always greenprop ertyingn WDyahoo.com> Date: Monday, November 16, 2009, 2:14 PM 9:30 Friday works. Yes — I'm in the Planning Department. See you on Friday. -Eric From: Always Green[mailto:alwaysgreenpropertymgmt@yahoo.com] Sent: Monday, November 16, 2009 2:11 PM To: Eric Lawrence Subject: Always Green Garden Center Great. Let's go with Friday. How does 9:30 sound? Our garden center is named Always Green Garden Center We are in the Gainesboro district on 522 North next to Ridge Country Store. If you happen to drive by, you'll sec our greenhouses etc... The site plan was approved through Frederick County this past March or April. We are nearing the end of completion of the site plan and plan to open for the spring rush (late March 2010). Is your office in the planning department? Sincerely, Always Green Office Phone: (540) 667-2942 Please visit our website: www.alwaysgreeiillc.com --- On Mon, 11/16/09, Eric Lawrence<elawi-encnco.fi-ederick.va.rts> wrote: From: Eric Lawrence <elawrenc@eo.frederick.va.us> Subject: RE: Always Green Garden Center To: always greenpropertymi nt(@,yahoo.com Date: Monday, November 16, 2009, 9:44 AM Good morning. I'm avialble Tuesday (nov 17) in the morning, or anytime Friday (Nov 20). Let me know what date/time works best for your schedule. Also, please provide me some information such as property location, and details on your garden center. This information will be useful as I gain a better understanding into your proposed business. Thanks -Eric Eric R. Lawrence, AICP Director, Department of Plaiming and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc a co.fi•ederick.va.us littp://www.co.fTederick.va.us/Planning www.co.frcderick.va.us ---Original Message ----- From: alwaysgreenpropertym m� it u,yahoo.coin [mailto:alwaysgreenprol)ertym mt @yahoo.com] Sent: Monday, November 16, 2009 9:19 AM To: Eric Lawrence Subject: Always Green Garden Center "`This message was sent via the website email form." Sender: Joseph Fromme Email: alwaysgreenpropertyrngnitgyahoo.com IP address: 24.127.78.184 Date: 11/16/2009 9:18:31 AM CC: Message: Hello Eric, Kevin Crosen, board member from the Back Creek Dist., suggested that I contact you to arrange a meeting. My wife and I have been developing a small piece of land here in Fred. Co. which will serve our community with a garden center. We have a couple of small challenges that we would like to discuss with you and get your thoughts on. If you could, give us a call or e-mail with a date/time that's convenient to meet. Joe Fromme 664-8839 Sarah Fromme 550-6449 al waysgrccnpropert}nng1nt @,yahoo coin 3 -i COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 December 29, 2009 Mr. Joe Fromme and Mrs. Sarah Largay Fromme 3016 North Frederick Pike Winchester, Virginia 22603 Re: Route 522 Road Improvements Associated with Site Plan #67-08 Always Green Garden Center; Property Identification Number (PIN): 42-A-253A Dear Mr. and Ms. Fromme: On March 25, 2009, site plan 467-08 was approved for the Always Green Garden Center located at 2122 North Frederick Pike in the Gainesboro Magisterial District. The approved site plan specified road improvements to Route 522 that include the following: 1. Right turn lane into the site entrance, including pavement, curb and gutter, and striping. 2. Handicap ramps at both entrances (four total). Road improvements approved as part of a site plan are generally required to be installed prior to any site opening. However, Frederick County and the Virginia Department of Transportation have agreed to defer the road improvements for a specified period of time as outlined below: Conditions: l . The specified road improvement shall be completed no later than April 1, 2012. 2. Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a permit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. Page two of this document contains an acknowledgement of the above referenced three conditions that needs to be signed and notarized. By completing page two, you acknowledge that Frederick County is deferring the required road improvements until April 1, 2012, this must be secured by a bond and, if not implemented by said date, Frederick County will revoke the business license for the operation and it must cease operation. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, / Eric R. Lawrence, AICP Planning Director ERL/CEP/bled cc: Lloyd Ingram, VDOT 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ti Mr. Joe Fronune and Mrs. Sarah Largay Fromme Always Green Garden Center Route 522 Improvements December 29, 2009 Page 2 Conditions for the Route 522 Road Improvements Associated with Site Plan #67-08 1. The specified road improvement shall be completed no later than April 1, 2012. 2. Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a permit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. If o i agr e to the above Jo 4r nme p Sarah Largay itions please sign below and have this document notarized. Date Date In witness thereof, I (we) have hereto set my (our) hand and seal this'3U Signature(s) J �_� % ;K)o 9 day of �e_ ,' _, State of Virginia, City/County of To -wit: I,`i0`rrn �el S Cat Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Oday of 2e-zC'a'J4 My Commission Expires: 2 2-0 I a Notary Public , j 5 c4 Lf I , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this — day of , 201_ Notary Public My Commission Expires: Dana Johnston From: Funkhouser, Rhonda (VDOT) [Rhonda.Funkhouser@VDOT.Virginia.gov] Sent: Friday, August 03, 2012 1:36 PM To: Dana Johnston Subject: FW: VDOT Land Use Permit #855-9191 - Cancelled - Always Green Garden Center As requested. From: Funkhouser, Rhonda Sent: Wednesday, September 07, 2011 1:22 PM To:'alwaysgreenpropertymgmt@yahoo.com'; 'info@alwaysgreenllc.com' Cc: Hoffman, Gregory; Ingram, Lloyd; Duncan, Travis Subject: VDOT Land Use Permit #855-9191 - Cancelled - Always Green Garden Center As requested, the subject land use permit has been cancelled. We have taken the necessary steps to begin the process of releasing your cash surety in the amount of $3,500.00. Please allow a minimum of thirty (30) days for the return of your surety. Should you have any questions, do not hesitate to call. Lloyd A. Ing1'am, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warl'en Counties 14031 Old Valley Pike Edinbm-g, Vn'gmra 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 December 29, 2009 Mr. Joe Fronune and Mrs. Sarah Largay Fromme 3016 North Frederick Pike Winchester, Virginia 22603 Re: Route 522 Road Improvements Associated with Site Plan 967-08 Always Green Garden Center; Property Identification Number (PIN): 42-A-253A Dear Mr. and Ms. Fromme: On March 25, 2009, site plan #67-08 was approved for the Always Green Garden Center located at 2122 North Frederick Pike in the Gainesboro Magisterial District. The approved site plan specified road improvements to Route 522 that include the following: 1. Right turn lane into the site entrance, including pavement, curb and gutter, and striping. 2. Handicap ramps at both entrances (four total). Road improvements approved as part of a site plan are generally required to be installed prior to any site opening. However, Frederick County and the Virginia Department of Transportation have agreed to defer the road improvements for a specified period of time as outlined below: Conditions: l . The specified road improvement shall be completed no later than April 1, 2012. 2. Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a permit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. Page two of this document contains an acknowledgement of the above referenced three conditions that needs to be signed and notarized. By completing page two, you acknowledge that Frederick County is deferring the required road improvements until April 1, 2012, this must be secured by a bond and, if not implemented by said date, Frederick County will revoke the business license for the operation and it must cease operation. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, Eric R. Lawrence, AICP Planning Director ERL/CEP/bad cc: Lloyd Ingram, VDOT 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 s Mr. Joe Fronune and Mrs. Sarah Largay Fromme Always Green Garden Center Route 522 Improvements December 29, 2009 Page 2 Conditions for the Route 522 Road Imp►•ovements Associated with Site Plan #67-08 1. The specified road improvement shall be completed no later than April 1, 2012. Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a permit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. If o i agr e to the above co ditions please sign below and have this document notarized. Jo r nine Date I Sarah Largay I C n Date In witness thereof, I (we) have hereto set my (our) hand and seal this�U Signature(s) ( Col ("1 S �—) -aoo 9 day ofC. , State of Virginia, City/County of ,, To - wit' � [� 1- . I,`iQ rrn �el S I sNotary Public in and for the jurisdiction aforesaid, certify that the person s who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this � Uday of �, �22V My Commission Expires: Notary 1 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this — day of , 201_ Notary Public My Conunission Expires: Candice Perl-Ains From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, December 23, 2009 9:51 AM To: alwaysgreenpropertymgmt@yahoo.com Cc: Ingram, Lloyd; Candice Perkins Subject: Always Green Garden Center With the holidays ahead and the abundant snowfall, it will be after the 4th of January before we can move forward with the permit issuance. I know that Frederick County has drafted an agreement in regards to the completion timeline of the required roadway improvements etc. Once this agreement has been executed , we can move forward with the application for the Land Use Permit that is issued from this office. The County agreement A,\gill be a required part of the permit approval. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Always Green[mailto:alwaysgreenpropertymgmt@yahoo.com] Sent: Tuesday, December 22, 2009 7:19 PM To: Ingram, Lloyd Subject: RE: Always Green Garden Center Fli Lloyd, We are back from our vacation and ready to begin the process. I would imagine that you've been pretty swamped with all of the snow. When you have a free moment, we would like to begin the process but are unsure of the first step with you? Sincerely, Always Green Office Phone: (540) 667-2942 Please visit our website: www.alwaysgi-ceiillc.com --- On Fri, 12/11/09, Ingram, Lloyd wrote: From: Ingram, Lloyd <Lloyd. Ingram(@VDOT.virginia.I;ov> Subject: RE: Always Green Garden Center To: "Always Green"<alwaygreenpropertymg1-nt(@,,yahoo.corn> Date: Friday, December 11, 2009, 11:15 AM Sarah, Once you have returned from your rest, please contact me so that we can move forward with the process. 0�\ Z;�P\ Thanks, Lloyd Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Laud Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Always Green[mailto:alwaysgreenpropertymgmt@yahoo.com] Sent: Thursday, December 10, 2009 9:54 PM To: Ingram, Lloyd Subject: Always Green Garden Center Hi Lloyd, I had left a voice mail for you the other day as well. We would like to proceed forward with the below. I'm leaving town on Sunday for a much need week of rest and as soon as we return on the 20th, we'll touch base with you to begin. Thank you again. Sincerely, Sarah Largay Always Green Office Phone: (540) 667-2942 Please visit our website: www.always freenllc.corn --- On Mon, 12/7/09, Eric Lawrence na.us> wrote: From: Eric Lawrence <elawrenc(a)co.frederick.va.us> Subject: Always Green Garden Center To: "Always Green"<always�neenproLertym�,mt(,,Dyalioo.com> Cc: "Ingram, Lloyd" <Lloyd.Ingr•am a VDOT.virginia.gov> Date: Monday, December 7, 2009, 2:27 PM Hi Joe and Sarah. We've spoken with VDOT (Lloyd Ingram 1-540-984-5600) regarding the possibility of delaying your site planned entrance improvements. VDOT will require that you pull a road construction permit (issued by VDOT) that would be secured with a $3,500 bond. They would like the improvements to be guaranteed by a certain date, after which the County would pull your business license if the road improvement is not complete. So I believe the next step (in terms of the road improvement element of the site plan) is: 1) For you to contact VDOT and complete their permit application, and post the required bond. 2) For you to provide the County and VDOT with a letter- committing to the completion of the entrance improvements as illustrated on the approved Always Green site plan, and acknowledging that you will remove the landscaping business from the site if the site planned road improvements are not completed by than April 1, 2012. Per our previous discussions, I understand that you intended to complete all site planned improvements, aside from these road improvements, by your targeted opening date of March 1, 2010. We would need to have the above identified road improvement related items addressed prior to your planned opening date. So it appears you have your work laid out for you. Let me know if you have questions, otherwise please coordinate with Lloyd to secure VDOT's approval prior to your spring opening date. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrencna,co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us Candice Perkins From: Ingram, Lloyd[Lloyd.ingram@VDOT.virginia.gov] Sent: Wednesday, December 23, 2009 7:39 AM To: Candice Perkins Cc: Funkhouser, Rhonda Subject: FW: Always Green Garden Center Attachments: Always Green.docx Candice, The draft looks good and I didn't find a need for any changes to the agreement. Thanks, Lloyd Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edin burg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 From: Candice Perkins[maiIto: cperkins@co.frederick.va.us] Sent: Monday, December 21, 2009 11:40 AM To: Ingram, Lloyd Subject: Always Green Garden Center Hi Lloyd, We have been working on an agreement for the Always Green Garden Center located on Route 522 North. Attached is a copy of that draft agreement, please let me know if you would like to see any changes before we send it to the developer. Thanks, Candice Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540)665-5651 (540) 665-6395 (fax) coerkinsl@co.frederick.va.us www.co.frederick.va.us COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 29, 2009 Mr. Joe Fromme and Mrs. Sarah Largay Fromme 3016 North Frederick Pike Winchester, Virginia 22603 Re: Route 522 Road Improvements Associated with Site Plan ##67-08 Always Green Garden Center; Property Identification Number (PIN): 42-A-253A Dear Mr. and Ms. Fromme: On March 25, 2009, site plan #67-08 was approved for the Always Green Garden Center located at 2122 North Frederick Pike in the Gainesboro Magisterial District. The approved site plan specified road improvements to Route 522 that include the following: 1. Right turn lane into the site entrance, including pavement, curb and gutter, and striping. 2. Handicap ramps at both entrances (four total). Road improvements approved as part of a site plan are generally required to be installed prior to any site opening. However, Frederick County and the Virginia Department of Transportation have agreed to defer the road improvements for a specified period of time as outlined below: Conditions: 1. The specified road improvement shall be completed no later than April 1, 2012. 2. Joe Fromme and Sarah Largay Frommc (site developer/operator) must Pull a permit from the Virginia Department of Transportation fo►- the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. Page two of this document contains an acknowledgement of the above referenced three conditions that needs to be signed and notarized. By completing page two, you acknowledge that Frederick County is deferring the required road improvements until April I, 2012, this must be secured by a bond and, if not implemented by said date, Frederick County will revoke the business license for the operation and it must cease operation. Do not hesitate to contact 'lie if YOU have any questions or concerns regarding this letter Sincerely, Eric R. Lawrence, AICP Planning Director ERL/CEP/bad cc: Lloyd Ingram, VDOT 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Joe Fronulle and Mrs. Sarah Largay Fronune Always Green Garden Center Route 522 Improvements December 29, 2009 Page 2 Conditions for the Route 522 Road Improvements Associated With Site Plan 967-08 1. The specified road improvement shall be completed no later than April 1, 2012. Joe Fromme and Sarah Largay Promnle (site developer/operator) must pull a permit fi•onl the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3. If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license front the site and the use must discontinue operation. to the above co9ditions please sign below and have this document notarized. Jo d 'r nnle Date c Sarall Largay 'I�I Il} Date auc) In witness thereof, I (we) have hereto set my (our) hand and seal this6(-) day of I C• ,' 1�, Signature(s) l&t col Ck J L�� 2� �k State of Virginia, City/County off6 Q,tinj� ,, To -wit: L q_Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrunlent and who is (are) known to me, personally appeared before nle and has acknowledged the same before me in the jurisdiction aforesaid this Oday of - My Commission Expires: D-Q I D- Notary Public 1 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instl ument and who is (arc) known to nlc, personally appeared before me and has acknowledged the same before nle in the jurisdiction aforesaid this _ day of , 201_ My Commission Expires: Notary Public Eric Lawrence From: Eric Lawrence Sent: Friday, November 20, 2009 11:02 AM To: John Bishop Subject: Always Green site plan Ulm Candice and I just met with the owners of the Always Green nursery (Joe and Sara Fromme) — under construction on Rt522 North, adjacent to the Ridge Country Store. The site is accessed via existing entrances for the Ridge store. Through the site plan process, they were required to improve the entrance with the asphalting of a decel lane and adding curb/gutter. As with many businesses, they're financially stretched at this point. They've been implementing their site utilizing their personal savings as the credit/bond market for small business has evaporated. As they prepared to implement the VDOT entrance improvements, they hit a wall. They're unable to fund both the improvements and required bond. They're now requesting a delay in the construction of the entrance improvements to enable the nursery business to open in the spring, operate a season, and accumulate additional cash/credit to enable the entrance improvement in the future. Initially they requested 5 year delay, but realize a 1 or 2 year delay might be more acceptable. Question: Can VDOT permit a delay in the entrance improvements? Existing entrances to the site are probably suitable for the 20vpd expected with their nursery. I suspect VDOT sought the improvements to accommodate the existing Ridge store traffic. But the required retro-fix is challenging the new business from opening... They were very open and honest with me about their situation, so I felt it appropriate to ask the question of VDOT. Please let me know what you can work out, if anything. I owe the nursery a return call. Thanks Site Plan #67-08 —it's now on your desk... Joe 664-8839 Sara 550-6449 -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc6a co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us Kickin Asphalt Paving & Sealing, LLC 1503 Cottontown Road Strasburg, VA 22657 -%*j Bill TodL , '+ Always Green info@alwaysgreenllc.com Invoice Date Invoice # 4/6/2010 849 Project Name PO # Terms Always Green 3298 Net 20 Description Quantity Rate Amount Tar & Chip 881 4.32 3,805.92 Apply one application CRS-2 emulsion at a rate of 4 tenths of a gallon / SY Cover with 25 pounds #8 stone per SY Apply 2nd application CRS-2 emulsion at a rate of 3 tenths of a gallon / SY Cover with 17 pounds #9 stone per SY Striping 800.00 800.00 Extra Grading 1,200.00 1,200.00 /t' Aw it ?Aar.-* svp4j* artijpw/ Total $5,805.92 Phone # Fax # E-mail Web Site 540-465-1764 540-465-1769 mjradford@kickinasphalt.net www.KickinAsphalt.net We now accept... VISA - MOISTER CARD - DISCOVER Commonwealth of Virginia Department of Transportation Land Use Permit Application No. Effective Date April 2, 2010 Reinstatement Date Payment Method Check Expiration Date April 1, 2012 Revision Date April02, 2010 Porm/ftee information: Your Job # Owner 262235136.1.1, Always Green Agent Garden Center Address Always Green Garden Center 212 North Frederick Pike Winchester, VA 22603 Contact Sarah Fromme Phone # (540)667-2942 Permit No. 855-9191 Revision No. 1 Status Active Total Payment Amount $150.00 Surety & Account Receivable Information: Name Cash Surety Type Cash Surety Acct. 1121 Amount 3.500.00 Obligation Amt. 3,500.00 Surety Holder Owner Acct. Recv. # AUTHORIZATION: In compliance with your application, permission is hereby given Insofar as the Commonwealth Transportation Board has the right, pourer, and authority under sections 33.1 - 12(3); 33.1 -197; 33.1 - 198 of the Code of Virginia as amended, to grant by Special Agreement and/or by Land Use Permit for you to perform the work and or activity(s) described below: County/City/Town Frederick Co. Highway Route(s) 522 N, North Frederick Pike From Route 678, Burnt Church Road To Route 673, Golds Hill Road Work Description Route 522 North Roadway Improvements per attached letter dated December 29, 2009 from Frederick County and VDOT approved plans and special provisions. Mon— nnro nnrA n rnnrrnrrnr hacz hAAn dAtArmined n revised Form LUP-WZ Is to be submitted. Fee Description New Fee Existing Fee Total Regular Permit Fee vil Commercial Entrance Totals $0.00 $150.00 $160.00 Applicant has compiled with Section Code 56-265.15 affidavit is attached. ❑ YES ❑ Not Appiicaaie TERMS: Applicable as stated within the Land Use Permit Manual (current edition) and/or as per approved plan(s) and/or regulatory instructions and/or agreements attached hereto. THIS PERMIT IS NOT VALID WITHOUT THE FOLLOWING ATTACHMENTS: Approved Site Plans, Special Provisions - General I COMMONWEALTH TRANSPORTATION BOARD 0 Call before you dig Greg A. Whiriey, Acting Commissioner 'r Allow the required time for marking By; � —� 41212010 Respect and protect the marks/flags Lloyd A. Ingram Excavate carefully Call Miss Utility 811 Final Inspection Requirements: Upon completion of the work described under this permit, the permittee shall contact the following office in writing to request inspection. Edinburg Residency (540)984-5600 14031 Old Valley Pike Edinburg, VA 22824 Permit No.: 855-9191, Revsion No.: 1 Land Use Permit VDOrs tWob Site: vNrw.vdot.vlrglnla.gov Commonwealth of Virginia LUP-A Department of Transportation Qvk LAND UST: PERMIT 6/2008 Application APP11CA770N is hereby twido for permit as show on the accompanying plan or sketch and as described blow. Said adivity(s) will bo Sono under and in aaordance with the rules and regulations of the Con u•.omsrdth Transportalion Board of Virginia, in so fv as said rules are applicable therdo and any agreement bt%wen the parties herein before referred to. Where potable agretrmcots may be attached and rondo n port or the permit assembly including any cost respauibilities ro%vring work under Permit Applicant agrccs to nrlialain node in a manner as apixosrd upon its completion. Applicant also hereby Hgixes toad is bound and held naponsiblo to duo o%vncr for any and all rLamaga to any other installations already in place as a result of work raveled by resulting permit. Applicants to whom pcnnits mo issued shall at all times indannlCy and save hannless the Conaroinvealth Transportation Board members of tho Baird, the Commonwealth and all Comnmonwcildn employees, agents, and offices, front reslsonsibility, rhmnago, or liability arising from the extrciso of tho privileges granted in such Permit to the ev nt allowed bylaw. In considealion of the issuaaco ora pant the applicant agrees to wuivo for itzlf, sueccmors in inienest or assigns any entitlements it racy othmsiso have or ha%o hciwflerunder the Unifmn Relocation and Assistant Act of 1972 as amended in event Iho fa pculrntrtt or its successor, chooses to exercise its acknowledged right to demand or cause the nrmoval of any or all Emurts, personality ief %%haiov erkind or descripdon that any hemilicr bo located, should this application bo approvaxt TYPE 012 PRINT C LEARLX n llriver's license or'I'nx >D numbet : _ Contact Name: a-Y 1/,O OwncrNamc: - L2Z l EtnnilAddress: ' Inf b - o t aq, I Address: J •U , G 1st t " �•l✓ Phone Nwnbcr: () cityl,11 2l kkah s-Letstate Vftzip code _2 a3 Emergency Number: ( ) Fax Number: ( ) 914vc •' license or Tax ID number: _ -Contact Name: Agent Namc: E-mail Address: Address: Phone Number:( ) City: State I do Emergency Number:(_) Pax Number: ( } Da t rI V�Fccs �� Permit Term Requcstett Encloser S' t Check Number / /�� Coupon Number(s) Dfmley Order J� OtlicrVIA Estimated cost of work to be performed out VDOT Right of Way S /A_— Surcty Information: Surety CompanyName U 'I'hc Surety posted by Owner ( r Agent ( ) elo Amount of Surety S c3 J C) �, Obligation Amount S (> Surety Refunds paid to Owner(Owner(v or Agent ( ) Check f{ Mond N TLC 8 - _ " IF SURETY IS BY CHECK OR MONEY ORDER - [ ] Corpm•ate Surcty I ] Resolution i 1 Ordinance I ] Waived THEN SS# OR TAX IDit IS REQUIRED Annlicanl his Provided Proof of tx follonine renulremenls in nrcordnnce na defined to Cade orVirninla section 2 2-I151.1. (1) The utilily company has «,;istered as an operator %vita the appropriate notiNall oil center. (2) Attached is a notarized aaida»t, that Iho utility o%mer has nofirmi the couuncleial and residential dcvciolvr, o%%ner ofconnnercicd or mullif unity real estate, or local govenanenr entities %sits a property interest in any parcel of land located ndjacent to the prolimy over %vhich the land use is being requested, that application for the Nrinit has been made. Z2enucst Permission,: To perfpgn the following as per attached plans. Location: Tax Map Number I I Applicant Job No. _ Geographically in County / Town / City f _ On Hi hway )route and /or Name_ Behveen Rbute7 St. Name( j �r�. Latitude Longitude And Route__ St. NameJ�7/ �J JLatihtde _Longitude I 11F APPLI ABLE, i AGREETO PAN' Tl E FULL S,ILARY AN) i ,'PESES OP A STATE ASSIGNED INSPEC7012 IN CONJUNCi'IO,N NVITII • II PROJECT, C 'L•'RED BY ACC(( JNT Rl,CE1VABLC N(Ilf liR. Signature of applicant Cv tL�? Title L Date G� Signature of agent Title _ Date (IF BOTH APPLICANT & AGENT ARE NAMED ABOVE - THEN SIGNATURE•TITLE-DATE OF BOTH ARE REQUIRED) All applicable items on this form must be completed before your request co be considered. Recheck information furnished to avoid delay. Prepayment Required - make Remittance payable to ,rreasurer of Virginia. VDOT USE ONLY Receipt is hereby aC}7no\vIed ed o CH-CK_COUPON M.O. hi The Amount o S_ - [7, _ Permit , Cash Surcty S .35a 6, VDO'f Refe ce Number Signed /1.11- JDA-LA VDOT.-wx/}/m TM LU11013—Notice to Perndttee Placing If Cash Surety Revised 05/00 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, Virginia 22824 ; 5 5 9191 Jerry A. Copp Trans, Resident Engineer TEL (540) 984-5600 FAX (540) 984-6607 NOTICE TO PERMITTEE PLACING A CASH SURETY I understand if I should owe the IRS or the Commonwealth of Virginia money for any reason that I may not receive a refund of the cash guarantee placed for land use permit surety unless the a? ou t owned is less t an the amounted posted. 7 v Signature o&Vfmittee ate Signa re of VDOT Witnes Rep. bate -- 14:7 t v V q c�k COMMONWEALTH of VIR(31NIA DEPARTMENT OF TRANSPORTATION 1401 CAST ©ROAD STREET RIIX: ID, VIRGINIA 23210-2000 David S. Ekern, P. E. COMMISSIONER VDOT Erosion & Sediment Control Contractor Certification In accordance with the Virguiia Department of Transportation (VDO"f) Road and Bridge Specification § 107.14 (a), Special Provision 107D, all contractors performing regulated land disturbing activities within VDOT right-of-way must have an employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. Regulated land disturbing activities are defined as those activities that disturb 2,500 square feet or greater in Tidewater, Vh•ginia (as defined in § 10.1- 2101 of the Code of Virginia) or 10,000 square feet or greater in all other areas of the State. The Department will require evidence of this certification with any Land Use Permit application that involves utility and/or commercial right of way improvement. NON-COMPLIANCE MAY RESULT IN PERMIT' SUSPENSION &/OR A STOP WORK ORDER Applicant/Project N Contractor: 1 __.- Route Number: Co Residency: Edinburg As the Contractorfor this project, I/We hereby acknowledge that an employee of this company has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training and tivill be r sponsible for insuring compliance with all applicable local, state and federal erosion and sedim it control regulations during all land disturbance activities. Work on this project involves less that 10, 000 square feel of land disturbance activities and therefore is exempt from this requirement. Contractor's Date 6 THIS DOCUML'NT MUST ACCOMPANY THE VDOT LAND USE PERMIT APPLICATION 1100YCARSOF TRANSPORTATION EXCELLENCE 1 9 0 6 2 0 0 6 Commonwealth of Virginia ti LUP-WZ Department of Transportation i LAND USE PERMIT 07/2009 Special I I'oVlSiotr VDOT Work Zone Traffic Control Verification In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, beginning July 1, 2009, all activities performed under the auspices of a VDOT Land Use Permit involving the installation, maintenance and removal of work zone traffic control devices must have at least one (1) person on -site who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control. A person verified by VDOT in Intermediate Work Zone Traffic Control must be on -site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. These persons must have their verification card with them while on the project site. NON-COMPLIANCE MAY RESULT IN PERMIT SUSPENSION &/OR A STOP WORK ORDER Applicant: Project Name: L / t✓ Route Number: c(X County: LC Residency : y: , state that I tivill have at least one (1) person that is verified by VDOT in —Basic Work Zone Traffic Control who will he responsible for, the placement, maintenance and removal of work zone hgfrc control devices within the project limits in compliance ivith the permit requirements and conditions, the approved plans, specifications•, the Virginia Work Area Protection Manual and the Manual of Unifoi-In Traffic Control Devices. A person verified by VDOT in Intermediate Work Zone Traffic Control tivill be on -site to provide supervision during ~pork zone adjustments or changes to traffic contb•ol due to field conditions. These persons will provide evidence of these verifications upon request from VDOT personnel. The requested activity does not involve the installation, maintenance and removal of work zone traffic conir•ol devices and therefore is o empt from this requirement. Signature THIS DOCUMENT MUST ACCOMPANY THE VDOT LAND USE, PERMIT APPLICATION av 4( 4,, A OQU L2 R: Commonwealth of Virginia LUP-SP Department of Transportation LAND USE PERMIT 07/2009 Special Provisions NOTICE OF PERMITTEE LIABILITY Permittee Agreement for Land Use Permit I the undersigned Permittee/Agent, acknowledge that I have read and I am Hilly cognizant of all of the following requirements f'or permit issuance. Permittee/Agent Name ���1 (ems AL-� —\ s�✓V��` Permittee/Agent Signatures I-LL_ - � ) � � `� _ Dnte_Z t� Any of the following provisions, which can apply, shall apply: 1. Permittee acceptance and use of a Virginla Department of Transportation (VDOT) Land Use Permit is prima facie evidence that the perrnittee has read and is fully cogniialn( of all required permit provisions, applicable traffic control plans and associated construction standards to be employed. ALL applicants to whom permits are issued shall at all times indemnify and save harmless the Commomvealth Trans7)ortaflon Board, members of the Board, the Conrnrompealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to tine extent allowed by law. 2. The permittee agrees to secure and carry insurance against liability for personal injury and property damage that may arise from lice work performed under permit and/or from the operation of permitted activity -up to one million dollars ($ 1,000,000) each occurrence to protect the Board members and the Department's agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Conrmompealth in event of suit. 3. The perrnittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc.) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will hi no way be responsible for any damage to the facility being placed as a result of future maintenance or construction activities performed by the Department. 4. The perrnittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade at NO cost to the Department unless otherwise stipulated and agreed to by the Department. 5. The perrnittee shall hnmediately correct any situation that may arise as a result of these activities that the Residency Administrator or his/her representative deems ha7�irdous to the traveling public. G. Any and all highway signs, right-of-way markers, etc., disturbed as a result of work performed under this permit shall be accurately reset by the perrnittee immediately following the work in the vicinity of the disturbed facility. The services of a certified land surveyor with experience in route surveying may be required. 7. It shall be tire permittee's responsibility to obtain ANY and ALI, necessary permits that may be required by any other government agencies, i.e., U.S. Array Corp. ofLnglneeav, Departrnenl of Lnvlronnterrtal Qtrrrllty, Soil Corrvermllon Services, etc. 8. A copy of the VDOT Land Use Permit shall be kept at the work site at all tithes. 9. The permiltee is required to notify the local VDOT Residency Office or Permit Office at least 48 hours in advance of commencing with ANY proposed work within slate maintained right-of-way. 10. The permiltee is required to notify the local VDOT Residency Office or Permit Office, and the District Traffic Engineering Section when planned excavation is within 1,000 feet of a signalized intersection, Failure to carry out this requirement may result in the permit being revoked. it. The permiltee shall to notify "Miss U11111y" (or each operator of all underground utility where no notification center exists) of ANY planned excavation within state maintained right-of-way. This notification must be provided at least 48 hours (excludmig weekends and holidays) in advance of commencing with ANY planned excavation within state maintained right-of-way. Failure to carry out this requirement may result in this permit being revoked. 12. If during or before construction it is deemed necessary for the local VDO'f Residency Office or Permit Office to assign an inspector to the project, the permiltee shall pay the Department an additional inspection fee in all amount that will cover the salary, expense allowance, and mileage allowanco for the inspection(s) assigned by the Delmriment for handling work covered by this permit. Said inspection fee to be paid promptly each month on bills rendered by the Deparpnent. 13. The absence of a VDOT inspector does NOT in any way relieve the permittee of his/her responsibility to perform the work in accordance with the approved plans, provisions of the attached permit, VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Brldge Speclflcatlons (current edition). No clianges shall be made without approval of the Residency Administrator or his/her representative. 14. It is the duty of the Residency Administrator or his/her representative to keep all roads maintained in a safe and travelable condition at ALL thnes. Therefore, any permit may be denied revolted or suspended when in the opinion of the Residency Administrator or his/frer representative, the safety, use or maintenance of the highway so requires. 15. The permittee shall at ALL times give strict attention to the safety and rights of the traveling public, their employees and themselves. VDOT reserves the right to stun world at anytime due to safety problems and/or non-compliance with tide terns of the permit. The DeparLnent may, at its discretion, complete any of the work covered in the permit or restore the right-of-way to the Department's standards and bill the permittee for the actual cost of such work. The permittee may be required to move, alter, change or remove from state maintained right-of-way, hi a satisfactory manner, any installation made under this permit. 16. ALL work performed under the auspices of this permit shall be subject to VDOT's direction and in accordance with VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Speelfleatlons (current edition) and shall be performed to the satisfaction of the Residency Administrator or his/lier representative. 17. Design changes, specified material changes and/or field changes from tide approved plans shall be submitted to the appropriate local VDOT Residency Office or Permit Office prior to proceeding with the work. A letter of explanation sliall accompany the revised design plans and/or engineering calculations submitted for review and approval by the local Residency Office or Permit Office. 18. The permittee shall meet or exceed the existing pavement and sub -base typical section when constricting pavement widening adjacent to an existing state maintained roadway. The proposed typical section must be reviewed and approved by the Residency Administrator or his/her representative prior to commencing with any work within state maintained right-of-way. ALL pavement widening shall be in accordance with VDOT Rand and Bridge Standard 303.02. Traffic Control and Safety 19. Traffic shall NOT be blocked or re-routed (detoured) without written permission from the Residency Administrator or his/her representative. Where one-way traffic is necessary, the active work zone shall be properly flagged by a trained, certified flagpersoli. A certification card is required for any person flagging wiQwn state maintained right-of-way. 20. During construction, the permittee shall furnish ALL necessary signs, flagpersons and other protective devices (lights, barricades, etc.) for protection of traffic and workers In accordance with the Virginia Work Area Prolecllon Manual or as directed by the Residency Administrator or his/her representative. All signs shall be in accordance with tine current edition of the Manual of Uniform Traffle Control Devices (MUTCD). Trained, certified flagpersons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the MUTCD. Flagpersons shall use sign paddles to regulate traffic in accordance with the MUTCD. 21. Certification for flagperson will be awarded upon a candidate's satisfactory completion of an examination. Certification card shall be carried by the flagperson while performing duties. Any flagperson found not in possession of his/her certification card shall be removed from the flagging site and the Residency Administrator or his/her representative will suspend operations requiring flagpersons. Furthermore, flagpersons performing duties improperly shall have their certification revoked. 22. The permittee shall provide at least one (1) person who, at a minimum, is verified by VDOT in Basic Work Zone Traffic Control for activities involving the installation, maintenance and removal of work zone traffic control devices. In addition, the permittee shall provide a person that is verified by VDOT in Intermediate Work Zone Traffic Control to provide supervision during workzone adjustments or changes to traffic control due to field conditions. These persons must have their verification card with them while on the project site and provide evidence of these verifications upon request from VDOT personnel. The land use permit will be suspended if proof of verification cannot be provided. 23. No excavated material is to be placed or tracked on the pavement, without written permission of the Residency Administrator or his/her representative. When so permitted, the pavement shall be satisfactorily cleaned by an approved method. No cleated (track -mounted) equipment is to be used om the pavement, without proper protection to tine pavement. Hours and Days of Work 24. Permittee is authorized to work between the hours of 9:00 a.m. to 3:30 p.m. Monday through Friday, which deals with Wic closures and/or impede/stop traffic. The permit will not be valid from 12:00 noon oil the weekday preceding and through the following holidays: Now Year's Day; Mennorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. If the observed holiday falls on Monday, the permit will not be valid from 12:00 noon on the preceding Friday through the holiday. Any variance In the authorized work times must be obtained from the Residency Administrator or his/her representative. Excavation 25. OSHA requires shoring for any excavation four feet (4') or more in depth. 26, When not utilizing shoring, excavations arc to be sloped accordingly, 27. A licensed Professional Engineer shall certify all shoring and/or trenching boxes. Inspection and Restoration 28. Inspection and testing of all fill embankments, storm sewer and utility trench backfill shall be performed in accordance with all applicable sections of VDOT's Road and Bridge Speelflcallons (current edition). 29. A licensed geotechnical engineer (or certified technician under the direction of a licensed geotechnical enghreer) shall observe the placement of all fill embankments, and storm sewer and utility trench backfill. 30. inspection services shall be provided utilizing one of the following options: • The permittee may retain services of licensed geotechnical engineer (or technician under the direction of a geoteclutical engineer) to perform required inspection and testing, or, • The permittee may request that VDOT provide inspection services through the establishment of an accounts receivable with the contractor responsible for providing all required material testing. 31. All testing reports and engineer's certification shall be submitted to VDOT for review and approval prior to completion of the VDOT Land Use Permit. 32. The permittee shall be responsible for correcting any settlement of backfill or pavement for a period of three (3) years after completion of work. 33. Where pavement exists, all crossings shall be bored, pushed or jacked from back- of -ditch line to back-of- ditchline or toe -of -fill to toe -of -fill. Tile pavement shall NOT be cut unless otherwise approved by the Residency Administrator or his/her representative and then only if justifiable circumstances prevail or proof is shown that a thorough attempt has been made to push, bore or jack. 34. Whenever the pavement is permitted to be cut, not over one-half of the roadway width shall be disturbed at one time; the first opening shall be completely restored to satisfactory, travelable condition before the second half can be opened. The permittee shall mill and resurface ALL (asphalt) concrete roadways; and resurface all other roadway with like material that exists. Whenever the pavement is permitted to be cut, the provisions of LUP- OC shall apply. Where the pavement is disturbed or deemed weakened in its entirety or such portions as deemed desirable by the Department, the pavement shall be restored or replaced in a manner that is satisfactory to the Residency Admiidstrator or his/her representative. Environmental 35. The permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within state maintained right-of-way. 36. All contractors performing regulated land disturbing activities within VDOT right-of-way shall provide at least one (1) employee that has successfiully completed the VDOT Erosion & Sediment Control Contractor Certification training. This person shall be on site during all land disturbance activities and will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities. This person must have their certification card with them while oil the project site. The land use permit will be suspended if proof of certification cannot be provided. Furthermore, improper installation, maintenance and removal of erosion and sediment control devices may result in revocation of VDOT Erosion & Sediment Control Contractor Certification. 37. In the event the permittee encounters hazardous materials or underground storage tanks within state maintained right-of-way in the pursuit of his activities, the permittee is responsible for ceasing all work within the site, notifying the local VDOT Residency Office or Permit Office and other responsible parties, i.e., the local fire department, emergency services, Deparbnent of EnvIronniental Quality, etc. The permittee is responsible for coordinating and completing all remedial/removal activities required in order to complete the proposed activities within the state maintained right-of-way. 38. In the event the penuittec encounters cultural resources, archaeological, paleontological, and/or rare minerals within the right of way in the pursuit of his activities, the permittee shall act immediately to suspend work at the site of the discovery and notify the local VDOT Residency Office or Permit Office. The permittee is responsible for notifying the proper state authority charged with the responsibility for investigating and evaluating such finds. Tile permittee will meet all necessary requirements for resolving any conflicts prior to continuing with the proposed activities within the state maintained right-of-way and shall provide evidence of such compliance to the local VDOT Residency Office or Permit Office. 39. Roadway drainage shall NOT be blocked or diverted. The shoulders, ditches, roadside and drainage facilities, as well as the pavement, sliall be kept in an operable condition satisfactory to the Department. Necessary precautions shall be taken by the permittee to insure against siltation of adjacent properties, streams, etc. in accordance with VDOT's current standards or as prescribed by the Department's Environmental Manual and Residency Administrator or his/her representative. Entrances 40. Road and street connections, private entrances, and constniction entrances shall be kept in satisfactory condition. Entrances shall NOT be blocked. Ample provisions must be made to provide safe ingress and egress to adjacent property at ALL times. Entrances that are disturbed shall be restored to the satisfaction of the properly owner and the Residency Administrator or his/her representative. 41. The permittee is responsible for determining the correct size of each entrance pipe through the submittal of engineering calculations to tine local VDOT Residency Office or Permit Office for review and approval. Utilities 42. Prior to any excavation, the permittee shall comply with the terms of Title 56, Chapter 10.3 of the Un(tergrouud U1111ty Damage Prevention Act and Section 56-265.14 through 56-265.20 of the Code of Virginla. This permit does NOT grant permission to grade on or near property of others, or, adjust or disturb is anyway existing utility poles or underground facilities within the permitted area. Permission to do so must be obtained from the impacted utility company and any expense involved shall be borne by the permittee. Any conflicts with existing utility facilities must be resolved between the permittee and the utility owners) Involved. 43. All underground utility crossings and parallel installations shall have a minimum cover of 36 inches except underground telecommunications cables placed adjacent to the outside edge of the right-of-way lint and beyond of ditch line shall have a minimum of 30 inches cover. All other underground facilities sliall have a minimum cover of 36 inches. 44. Where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the outside edge of the right-of-way Iine and in accordance with minimum clear zone requirements. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours. 45. No poles, guys, anchors, etc., are to be placed on state maintained right-of-way unless so indicated and approved on this permit. At no time will any such facilities be allowed between the ditchllne and the traveled roadway. 46. ALL overhead crossing(s) shall conform to the requirements of the National Electrical Safety Corle (current edition). The vertical clearance of the lowest wire or cable crossing an Interstate and limited access highway shall not be less than 21 feet, and 18 feet for crossing all primary and secondary roads and entrances. Muni Inspection and Completion of Permit 47. Upon completion of the work covered by this permit, all disturbed areas outside of the roadway prism shall be restored to their original condition as found prior to starting such work. 48. Completion of this permit is contingent upon the permittec's compliance with ALL governing bodies involved in the total completion of work on slate maintained right-of-way. 49. The permittce is required to notify the local VDOT Residency Oflico or Permit Office upon completion of work covered by the attached VDOT Land Use Permit to request a final inspection. ,) December 29, 2009 Mr. Joe Fromme and Mrs. Sarah Largay Fromme 3016 North Frederick Pike Winchester, Virginia 22603 COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Re: Route 522 Road Improvements Associated wlth Site flan #67-08 Always Green Garden Center; Property Identifiention Number (PIN): 42,A-253A Dear Mr. and Ms. Fromme: On March 25, 2009, site plan ##67-08 was approved for the Always Green Garden Contor located at 2122 North Frederick Pike in the Gainesboro Magisterial District, The approved site plan specified road improvements to Route 522 that include the following: 1. Right turn lane into the site entrance, including pavement, curb and gutter, and striping. 2. Handicap ramps at both entrances (four total). Road improvements approved as part of a site plan are generally required to be. installed prior to any site opening. however, Frederick County and the Virginia Department of Transportation have agreed to defer tho road improvements for a specified period of time as outlined below: Conditions: 1. The specified road improvement shall be completed no later than April 1, 2012. 2, Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a pen -nit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3, If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. Page'two of this document contains an acknowledgement of the above referenced three'conditions that needs to be signed and notarized. By completing page two, you acknowledge that Frederick County is deferring the required road improvements until April 1, 2012, this must be secured by a bond and, if not implemented by said date, Frederick County will revoke the business. license for the operation and it must cease operation, Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, / Erie R. Lawrence, AICP Planning Director ERUCEP/blid cc: Lloyd Ingram, VDOT 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Joe rrommo and Mrs, Sarah Largay Fromme Always Green Garden Center Route 522 Improvements December 29, 2009 Page 2 Conditions for the Route 522 Road lmprovements Associated with Site Plan 1/67-08 1. The specified road improvement shall be completed no later than April 1, 2012. 2. Joe Fromme and Sarah Largay Fromme (site developer/operator) must pull a permit from the Virginia Department of Transportation for the specified road improvements that must be secured by a bond in the amount of $3,500 prior to Frederick County issuing a business license. This bond shall be posted with the Virginia Department of Transportation. 3, If the specified road improvements are not completed by April 1, 2012, Frederick County will revoke the business license from the site and the use must discontinue operation. If o i agr e to the above co, ditions please sign below �and f have this document notarized, Jo 'r me Date 0 910/AM40 Sarah Largay , o Date In witness ther eof, I (we) have hereto set my (our) hand and seal this.3U day of 1�__�.��, . , Signature(s) �_� t� L / Q b� _ State of Virginia, City/County of eA'kA 6a �o � '> To -wit: ca S Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing nloeo g instrument and who is (are) known to me, personally ap eared before me and has acknowledged the salve before me in the jurisdiction aforesaid this Way of,�, N20 My Commission Expires; Notary Public ,� Cj t.}`7 I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 201— My Commission Expires: Notary Public ALWAYS GREEN GARDEN CENTER LLC 3016 N. FREDERICK PKE 540-667-2942 WINCHESTER, VA 22603 Pay to the Order o _ 03-08 1121 63-251/514 03 Dzte ollars�a y cr.c UNTO a�- 74Go fi. FRIDEFICIC PIPS. IINCHE57F7t, VA For 1.05140 25181. II'8 13 l 0?4u' 11 21 ALWAYS GREEN GARDEN CENTER LLC 3016 N. FREDERICK PKE 540-667-2�942 WINCHESTER, VA 22603 �l Pay to the ,D Q i Order of V. , 1123 $-----� 65-251/513 �Q � Date ,5C), > B -NK 6f CLARKE"COiJi�TTY VA=f; [.P .• 73fA N. FfiIDEiilq: 1itiC I F0 i; 514025181: n'8 13L "04411■ LL23 w ' 10, 5 rr rorw Die- J-o -ncljG6 irk �r n Ce�� i J� --ens - A I wCL�s Mark Cheran From: Funkhouser, Rhonda (VDOT) [Rhonda.Funkhouser@VDOT.Virginia.gov] Sent: Friday, August 03, 2012 1:36 PM To: djohnsto@co.frederick.va.us Subject: FW: VDOT Land Use Permit #855-9191 - Cancelled - Always Green Garden Center As requested. From: Funkhouser, Rhonda Sent: Wednesday, September 07, 2011 1:22 PM To:'alwaysgreenpropertymgmt@yahoo.com'; 'info@alwaysgreenllc.com' Cc: Hoffman, Gregory; Ingram, Lloyd; Duncan, Travis Subject: VDOT Land Use Permit #855-9191 - Cancelled - Always Green Garden Center As requested, the subject land use permit has been cancelled. We have taken the necessary steps to begin the process of releasing your cash surety in the amount of $3,500.00. Please allow a minimum of thirty (30) days for the return of your surety. Should you have any questions, do not hesitate to call. Lloyd A. Ingram, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Wm•ren Counties 14031 Old Valley Pike Edinburg, VTlgTnla 22824 Phone #(540) 984-5611 Fax # (540) 984-5607 r 12 52 .:a x rmww*: Aw - m .41 r rior®rd Maw low K e: eIW �. MO •� .� �i� YV�i .,��M�: - _' � � �~ � ti a � , '.� �� �y�� t �. � , ,/'���k gat, �.`at� .S .. �� �� , tip. .e �� = '� •.1�1 �/, •..r • f . � .. �. •ems .� ' a+w+et •� a� ud ���� f zTrW"A t v, �a �i)s n\ U a, �1. � r ���h ,��.• � �`r �' 3 13. �• !.� 1��.• �; , • -. �, t1 �,�. ;� «; rA Y�• •Sd ,py^�M -�Z 'Fl{� ':� T.j eV. j Aw- (/%/�/ [I'jfl jJ��J�� MOM MM2920 ll `! ,�Y '�.. *. "� ^.'tee•. `• � .F K'47 +"r:. w,'J y'�' '�!` �%��. �ZR,,.•y°` `+:'-`.•�' ".�,( :*"�✓� . op ' l fir.., . U ���C®Ui. x+ I EURICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 30, 2009 Mr. Ben Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Re: Approval of Site Plan 467-08; Always Green Garden Center Property Identification Number (PIN): 42-A-253A Dear Ben: The above -referenced site plan was approved on March 25, 2009. The site plan is approved for the construction of a new Garden Center located at 3016 N. Frederick Pike. I am providing you with four (4) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on - site inspection. Do not hesitate to contact me if you have any questions or concerns. Si Gana M. Johnston Zoning Inspector DMJ/bad Attaclunents cc: High Up Dairy Mart, 2118 N. Martinsburg Pike, Winchester, VA 22603 Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 Lord Fairfax Health District Frederick / Winchester Environmental Health /J VIRGINIA 107 North KC11t Stl'CCt - Suite 11 201 �NPARTMENT \Vulchcster, Virginia 22601 un.: H,ALIH Tel. (540) 722-3450 — Fax (540) 722-3479 I'm(r11i1u; luu,lru# lina.Fnlilm mill \v\V\v.vdh.virginia.gov March 24, 2009 I,rcdcrick County Planning and G011lllg RE: Always Green Garden Center, Tivl# 42-A-253A (High Up Dairy Mart) To \Vhonl It May Concern: The Frederick COLlllty Health Department has reviewed the proposal for the above referenced property. The Health Department has no Objections allowing employees of Always Green Garden CCIItCI' LISing the restroonls per lease agreement between High Up Dairy Mart (Formally IWOW11 aS Ridge Country Store) and Always Green Garden Center; however, no portable restrooms ShOUld be allowed on the property. Portable I'CS11'00111S al-C gCIICrally Used for tClllporal'y CVCIItS',IIICI ShOUld not be U4►1i%CCI With this bLISIncss. Also, the CUITC11t IIUmbci- 01 cmployccs at the High Up Dairy Mart shall not exceed 5 per daily operatloll. UIICICI- the CLII-I-Cllt "Sewage Handling and Disposal RCgUlatlons" (Table 5. 1 ); High Up Dairy Mart may be considered a "service station" Selling gas and convenient Store 1)1'0(ILIC4S. Each employee will be USlilg approximately 10 gallons of Waste \VatCl- I)C1- day. FLltLIrC proposals for High Up Dairy Mart Shall be reviewed and approved by all SUI)p01-tlllg local government agencies. CLISto1IIC1'S of AI\Vays Green Garden Center Should not Use the bathroom facilities at High Up Dairy Mart. The Cxlstlllg drainficld installed and partially Inspected on the same property as Always Green Garden Center 111LISt comply with all "SC\vagc Handling and Disposal Regulations" as \\'ell as local ordinances If plans are to LItI1iZC dralllllCld III the IUtLII'C. II Sa11lC draillfidd is CICStl-OyCCI dLIC to C011StRIC41on Or proper Setback distances were not maintained, the Sewage disposal area may be 111.111 alld VOid. II yoll have any more questions Or concerns, please contact Mason Allen at (540) 722-3480 (Ext. 223). Sincerely, Mason Allen Environmental Health Supervisor l--redcrick-\Vincllester/Clarke County IV MONTGOMERY Effgiheering group, ifle- January 12, 2009 Re: #67-08 Always Green Garden Center County of Frederick Dept. of Planning & Development MAR 1 2 2009 107 N. Kent St. Winchester, VA 22601-5000 Dear Mr. Johnston: Per your attached comment letter dated January 9, 2009, we have made the following revisions. 1. Developer address corrected. Parking calculation corrected. Height requirements corrected. Signage requirements are correct. Rte. 522 is considered an arterial road. Site Plan number corrected. 2. No drainfield proposed. The facility will utilize the restroom from adjoining convenience store. Lease agreement previously sent shows this allowance. Store is within 300' meeting building code requirements. 3. Evergreen screening added at storage bins. 4. Square footage and finish floor elevation added to proposed equipment sheds. 5. No outdoor display on south side of building to our knowledge. No screening planned. 6. No detail available at this time. Details to be submitted at sign permit application. 7. Electric is for a typical submersible well pump. Pump to be installed and specified per well installer and per applicable Health Dept. Permit. 8. No pine trees are to be provided as suggested. This facility being a nursery is typically not objectionable to neighbors. Thank you for your help in this process. If you have any questions, give me a call. Sincerely, j Ben C. Montgomery, PE I Page 2 - . Mr. Ben Montgomery Re: Review Comments for Site Plan 459-08 January 9, 2009 After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: the Frederick County Inspections Department, the Frederick County Department of'Public Works (County Engineer), and -the Frederick County Fire Marshal. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Zoning Inspector Div1J/bad Attachment cc: High Up Dairy Mart, 2118 N. Martinsburg Pike, Winchester, VA 22603 G� CO rw 1 .1 . COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 January 9, 2009 Mr, lien Montgomery Montgomery Engineering Group; Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 Re: Review Comments for Site Plan #67-08; Always Green Garden Center Property Identification Number (PIN): 42-A-253A Dear Ben: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. I have enclosed a married copy of. the plans to assist with the revisions R.evirew Comments SHEET 1 of 6 1. Labehn;;. Correct all information as noted or; sheet 1. SHEET 2 of 6 2. Drainfield Location. Annotate the location of the proposed drainfield. 3. Serrening. Provide screening for mulch storage bias. 4. Proposed Sheds. Provide square footage and finish flour elevations for proposed sheds. 5. Outdoor Displays. Will there be any outdoor displays on the south side of the property? If so, please note location and if theme will be ariy screening. 6. Sign. Provide a detail of entrance sign. 7. Proposed Well. There is an electric. fine running to ,proposed well, Is there a sump Pump? SI-ll ET 5 of 6 8. Landscaping Suggest providing a row of pine trees on the north and west, side of the property. 101 North )Kent Street, Suite 202 - Winchester, Virginia 22601-5000 6r r C Job Nome, � 5 � � ciL. Page Lof MONTOOMERY Date: �i�gt��eer�/1g 67ruup, �71fe. 180-9 Prosperity Drive Winche5ter,VA 22602 Office 540,450.323E Facsimilie 540,4503235 infoPMEGincblz www,ivlEGlnc,blz 5vj -I- ■r Z18-J 800/100'd 180-1 9EZE09VOg9+ A8POINON-HOH M9910 600Z-Zl-8VH ■ Always Green Garden CenterVDOT Plan Approval 0 Page 1 of X Ben C. Montgomery ....................................................................... From: Funkhousor, Rhonda i.Rhonda.FunkhouserpVDOT.Virginia.govl on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Thursday, March 12, 2009 2:32 PM To: Ben C. Montgomery Cc; Hoffman, Gregory; Smith, Matthew, P.E.; Durham, Leslie; John Bishop Subject: Always Green Garden Center - VDOT Plan Approval This is td acknowledge receipt of your revised plans dated 3-2-2009 for the referenced project. The plans appear sAtisfactory and are approved. Please advise the developer accordingly. Please provide four (4) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • All drainage is to be carried within the right-of-way in ditch lines or gutbem along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. Should you :need additional information, do not hesitate to call. Gregory T. Hoffman, Supervisor Virginia Department of Transportation Edinburg Residency — Land Development 2275 Northwestern Puce Winchester, VA 22603 Phone #(540) 535-1824 Fax #(540) 535-1846 3/12/2009 U8-d E00/800 *d 180-1 9E180970Y9+ A83'1001NON-IHOdd N99:80 800N I-80 0 COUNTY of FREDERIC)K Departonent of Public Works 5401665-5643 FAX: 540/678-0682 March 11, 2009 Mr. Ben Montgomery P.E. Montgomery Engineering Group, Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 RE: Always Green. Garden Center — Site Plan Comments Frederick County, Virginia Dear Ben: We have completed our review of the revised site plan dated March 5, 2009. All of our previous comments have been addressed; therefore, we recommend approval of the subject site plan. Sincerely, oe C. Wilder`4 Deputy Director of Public Works JCW/rls cc: Planning and Development file T:\rsnrgent\ Rhonda\TEMPCOMYIENTSWLWAYSGREENGARDENCTRREVSPCOM.doe 1f17 North Ke.nt CtraPt . Winrhpdo-r. Virginia 7.7.tini_cnnn d18-d E00MO A 180-1 961E09V0V9+ , 83109AO1H- MJ 1HdW SO 800N I-M L 0 RD FMRFAX HEALTH DISTRICT Lo* Fairfax Health Diseict Frederick / Winchester Environmental Health December 15, 2008 107 North Kent Street - Suite # 201 Winchester, Virginia 22601 Tel. (540) 722-3480 - Fax (540) 722-3479 www.vdh.virginia.gov MEG, Inc. 180-9 Prosperity Drive Winchester, VA 22602 V7)ID1101' VIRGINIA DEPARTMENT HEALTH Protecting You and Your Environment Re: Request for Site Plan Comments; Tax Map # 42-A-253A; Proposed Always Green Garden Center Dear Applicant: An approved water supply and sewage disposal system are required for a new business. Applications for the constriction of both are available in this office. Our records indicate that a sewage disposal system was partially installed on the property. If that system is to be completed and utilized for this establishment, the specific location of the system and components must be shown on the site plan. The distribution box, septic tank, and the end of one of the ditches near the property line on the North side must be located on site to establish the as built location of the system. If the site has been disturbed, is found to be less than the required five feet from the property line, or any construction or vehicle traffic is proposed within ten feet of the system components, any previous approval may be void. The required setbacks to all water supplies, existing and proposed, must be maintained. A permit sketch showing the approximate location of the system may be obtained through a file search at this office. This office cannot submit positive comments until the above issues have been resolved in compliance with all regulations and policies. Sincerely, 9r,-, b7t,-� Doug Dailey, EIISS lJld Mason Allen, Supervisor 180-9 Prosperity Drive Winchester,VA 22602 Facsimilie 540.450.3235 www.MEGinc.biz Office 540.450.3236 info@MEGinc.biz Job Name: N Date: Page I of MAR 1 9 2009 ft�CO�►�tGKC4E� W Request For Site Plan Comments Tua�� t,��€�4 ll��PkC.I�U�ls Frederick County inspections Department 4 Mail to: Nand deliver to: Frederick County Inspections Dept. 107 N. Kent Street Suite 200 Attn: Building Official North Building, 2"� Floor Winchester, VA 107 North Kent Street Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: fill in here for link to all others c/o MEG, Inc. Address: 180-9 Prosperity Dr. �\ Winchester, VA 22602 Phone Number: 540-869-0308 5110_H 50 3 a 3 Name of development and/or description of the request: Always Green Garden Center Site plan for new nursery and garden center Location of property: N Frederick Pike 42-A-253A RECOINED U FRFaFACK c4u w ;il • 0 Green House and Garden Center shall comply with The Virginia Uniform Statewide Building Code Section 102.3 and Section 202, Definition, Farm Building of Sli-itchwes to he exempt from permitting. Signs shall comply with VUS13C section 102.3 as well. t V Request For Site Plan Comments i FRE GERKAOO€ NITle Frederick County Inspections Department so. rr1 f v',f" Ala_- it to: Frederick County Inspections Dept. /,ttn: Building Official 1 07 North Kent Street V'Vinchester, VA 22601 (540) 665-5650 Hand deliver to: 107 N. Kent Street, Suite 200 North Building, 2"d Floor Winchester, VA (540) 665-5650 P lease fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: fill in here for link to all others c/o MEG, Inc. Address: 180-9 Prosperity Dr. Winchester, VA 22602 P hone Number: 540-869-0308 Name of development and/or description of the request: Always Green Garden Center S ite plan for new nursery and garden center Location of property: N Frederick Pike 42-A-253A 2-CC0cc` 00� q0G� Inspections Department's Comments: nos F,owLIFESAFE 12' -/200.8 '16:30 #571 P.031/001 r C. v't if r l' S2k:' ,::', .':i 14L...:_i,? A�; �4?i; Or• 1'It?�J';rltti4]tri �'Iw'" p�r,,,� ., C/if;z;,Y •Cii't'f"Pr; ('ii"i:' f'v`f"rli�?f"•%14 I�.•:.._... :� f'skl; ; l:''S,°(E'S'J cifTi.a �:.(7C:%t:�,L ;e 2 Control number Data toceived Date reviewed ':Wo Revised S?08 -0057 12//112008 12/11/2008 Project Name Applicant Always Green Garden Center Montgomery Engineering Address City Slate 2ip Applicant Thong 180-9 Prosperity Dr Wincheater VA 22502 54:1-869.0306 Type Application Tax ID Plumber Fire District Rescue DlMricl Site Plan 42-A-253A 15 15 Current Zoning E32 C ii� CYl Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate 5lamese. Location Not Idenlifled Emergency Vehicio Access Comments Access Comments Additional UUmnlenta Flan Approval Recommended Yes se 1-1ydrant'-ocation Not Identiflad Roadway/Aisloway Width Adequate Elecl.icn D•sUici Gainesbaro Residentfa' Sprinkler System No Fire Lane Required No upecial Hazards No Reviewed By Signature .J. Neal PLKS APPROVED ME MARSHAL, FREDERICK COUNTY r 9 0 Request for Street Name Comments Site Plan Review Frederick County Department of GIS (Geographic Information Systems) Attn: Marcus Lemasters, GIS Manager 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5651 The GIS Manager will review the .proposed street ,names for this project to ensure their acceptability into the Frederick County street name system. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent -duplicate street -names fronT-b- rrg-entered-Please attactu-one-copy-of the--plan-indicating---- proposed names. Applicant's Name: fill in here for link to all others c/o MEG, Inc. Address: 180-9 Prosperity Dr. Winchester, VA 22602 Phone Number: 540-869-0308 Name of development and/or description of the request: Always Green Garden Center Site plan for new nursery and garden center Location of property: N Frederick Pike 42-A-253A MUMEWM GEC 0 9 2000 B Y:-----11 l�---------- 0 • COUNTY of 1[! REDERICK Department of Public Works 540/665-S643 FAX: 540/078-0682 March 11, 2009 Mr. Ben Montgomery P.E. Montgomery Engineering Group, Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 RE: Always Green Garden Center — Site Plan Comments Frederick County, Virginia Dear Ben: We have completed our review of the revised site plan clatecl March 5, 2009. All of our previous comments have been addressed; therefore, we recommend approval of the subject site plan. Sincerely, i oc C. Wilder Deputy Director of Public Works JCW/rls cc: Planning and Development file �AAR 1 I 100:) 'I'ArsargenARhonda\TG11PC0\INIGNTS\AI.N1'AYSGRfLNGAItDGNCTRItGVSPCONLdoc 107 North Keut Street • Winchester, Virginia 22601-5000 9' t' cC�ti. `J COUNTY of FREDERICK 6 2009 Department of Public Works // 540/665-5643 FAX: 540/678-0682 March 4, 2009 Mr. Ben Montgomery P.E. Montgomery Engineering Group, Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 RE: Always Green Garden Center — Site Plan Comments Frederick County, Virginia Dear Ben: We have completed our review of the subject site plan received December 9, 2008, and offer the following comments: 1. Revise the temporary sediment trap detail. The culvert opening cannot be covered with filter fabric. We recommend the use of either a rip rap check dam placed in an are located approximately five to ten feet from the opening or a small modified structure attached to the pipe. 2. Provide the dimensions of the outlet protection for the storn)vvater pipe in accordance Nvitll VESCH Standard 3.18. Once these comments have been addressed, submit one (1) set of the plan for furllier review. Sincerely, C c, c� �� JJ Joe C. Wilder Deputy Director of Public Works JCW/rls cc: Planning and Development file 1':lrsargenNOon(hATGIII11COAINIGN"rS41L1VAYSGItEGNGAR1)rsNCI'RSKOiNIAoc 107 North Kent Street • Winchester, Virginia 22601-5000 � a 1ofi`1T REDERICK Department of Planning and Development • 540/665-5651 FAX: 540/ 665-6395 January 9, 2009 Mr. Ben Montgomery Montgomery Engineering Group, Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 Re: Review Comments for Site Plan 967-08; Always Green Garden Center Property Identification Number (11IN): 42-A-•253A Dear Ben: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval canriot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. I have enclosed a marked copy of the plans to assist with the revisions Review Comments SHEET 1 of 6 1. Labeling. Correct all information as noted on. sheet. 1. SHEET 2 of 6 2. Drainfield Location. Annotate the location of the proposed drainfield. 3. Seening. Provide screening for mulch storage bins. cr 4. Proposed Sheds. Provide square footage and finish floor elevations for proposed sheds. 5. Outdoor Displays. Will there be any outdoor displays on the south side of the property? If so, please note location and if there -will be any screening. 6. Sign. Provide a detail of entrance sign. 7. Proposed Well. There is an electric line ruiining to proposed well. Is there a sump pump? SHEET 5 of 6 8. Landsca in . Suggest providing a row of pine trees on the north and west side of the property. 107 North dent Street, Suite 202 Winchester, Virginia 22601-5000 Page 2 - Mr. Ben Montgomery Re: Review Comments for Site Plan 1159-08 January 9, 2009 After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: the Frederick County Inspections Department, the Frederick County Department of Public TT'orks (County Engineer), and the Frederick County Fire Nlarshal. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, //,/ Dana M. Jolmstol Zoning Inspector DMJ/bad Attaclunent cc: High Up Dairy Mart, 2118 N. Martinsburg Pike, Winchester, VA 22603 1. Project Title: 2. Location of Property (Street address) 3. Property Owner: Address: SITE PLAN APPLICATION Always Green Garden Center N Frederick Pike Winchester, VA 22603 High Up Dairy Mart, Inc. 2118 N Frederick Pike Winchester, VA 22603 Telephone: 4. Applicant/Agent Montgomery Engr. Group, Inc. Address 180-9 Prosperity Dr., Winchester, VA 22602 Telephone: 540-869-0308 5. Designer: Montgomery Engr. Group, Inc. Address 180-9 Prosperity Dr., Winchester, VA 22602 Telephone: 540-869-0308 Contact: Ben C. Montgomery 6a. Is this a standard or `minor site plan? Standard XX Minor 6b. Is this an original or revised site plan? Original XX Revised 7a. Total acreage of parcel to be developed: 7b. Total acreage of parcel: 2.94 ac 8. Property Information: a) Property Identification Number: 42-A-253A b) Current Zoning: B2 c) Present Use: Vacant d) Proposed Use: Nursery e) Adjoining Property Use(s) see plan 0 Adjoining Property Identification Number(s) see plan g) Magisterial District(s) Gainsboro I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: �J Date: a-,� • 0 1 v Special Limited Power of Attorney County of Frederick, Virginia c�. r Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsitnilc 540-665-6395 Know All Men By These Presents: That I (We) (Phone) (Address) 21 ` 1 �Q 1 �i t U i' , �,�, L �� V 122 6OS the owncr(s) of all those tracts or parcels of land ('Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page Parcel: Lot: Block: Section do hereby make, constitute and appoint: (Name) and is described as Subdivision: Lk2_ b - � J3 N 0 (Address) ► 0 J--- I k k t U w v I-\ To act as my true and lawful attorney -in -fa t for an in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorisation sliall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have limo set my (our) hand and seal this day of , 200_, Signaturc(s) State of Virgin Zia, City/Gownty of �u ail �U'� � }' , To -wit: I \IVO I) 10, (?/ ��60)(?/1'l't�uyfqotary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who �KjAWW "'Jo me, personally appeared before me and has acknowledged the same before me it e"iteisaid this Y day of .7)2008 NOv� ' Iii�ssion Expires: DV l`�(1 O�oIoZ Public -43toI I > 8 ioa�x� •' �1 Ld'f� — 243611 yI. • U Request For Site Plan Comments Department of Planning and Development Mail to: Department of Planning and Development Attn. County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: 107 N. Kent Street North Building, 2"d Floor Winchester, VA (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: fill in here for link to all others c/o MEG, Inc. Address: 180-9 Prosperity Dr. Winchester, VA 22602 Phone Number: 540-869-0308 Name of development and/or description of the request: Always Green Garden Center Site plan for new nursery and garden center Location of property: N Frederick Pike 42-A-253A lanning and Development use only Date received Incomplete Date reviewed _ Signature and Date Signature and Date Date revision received Incomplete Date reviewed Date approved LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT (this "Lease") is made and entered into as of the 41h day of June, 2008 by and between HIGH UP DAIRY MART, INCORPORATED, a Virginia corporation ("Landlord") and ALWAYS GREEN GARDEN CENTER, LLC, a Virginia limited liability company, ("Tenant"), SARAH R. LARGAY and JOSEPH L. FROMME. parties ofthe third part, hereinafter called the "Guarantors". NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Lease and the mutual benefits to be obtained by this Lease, Landlord and Tenant hereby agree as follows: 1. LEASE; DESCRIPTION OF PREMISES, USE OF PREMISES. Upon the terms set forth in this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, all that certain unimproved tract of land containing 2.96 acres, more or less, and more particularly described as fronting 325 feet frontage along Route 522, said 325 feet being measured from the northwest comer of the subject lot and having a northern boundary of 467.69 feet and being the northern portion of Lot 2 (Tax Map No. 42-A-253A) , LESS AND EXCEPTING a strip of land 35 feet in width extending along the northern boundary of Lot 1, all as shown on the Final Plat of Subdivision set forth on Exhibit "A" attached hereto and by this reference made a part hereof as if set out in full (the "Premises"). The Premises are to be used solely for a commercial plant nursery business/garden center and for no other purposes. Tenant accepts the Premises in its "AS IS" condition. Under no circumstances may the Leased Property be used for same or similar use as that conducted on Lot 1 owned by Landlord. Violation of this Agreement shall be deemed a substantial breach of this Lease and the Lease shall immediately terminate if the Premises shall be used for a purpose other than the commercial plant nursery business/garden center. 2, TERM, The term of this Lease shall commence on March 1, 2009 (the "Commencement Date") and shall continue for a period of ten (10) years thereafter through and including February 28, 2019 (the "Term"), unless extended by written agreement or sooner terminated in accordance with the provisions of this Lease. The term "Lease Year" means a period of 12 consecutive full calendar months. Each succeeding Lease Year will begin upon the anniversary date of the first Lease Year, to -wit: March 1st. Preterm occupancy shall be granted by Landlord to Tenant as soon as the ground disturbance permit is issued by Frederick County in order that Tenant may commence preparation of the property for the Leasehold. 3. RENT. During the first Lease Year, Tenant shall pay rent to Landlord in the sum of Fourteen Thousand Four Hundred Dollars ($14,400.00) and which payment shall be made in monthly installments of One Thousand Two Hundred Dollars ($1,200.00) each commencing on the I` day of each month during the Lease year and shall continue on the 19` day of each month during the Term of the Lease. The annual rent shall increase on the anniversary date of the Lease each year by three percent (3%) over the preceding year. The rental shall be made payable by check payable to Landlord, without demand and shall be mailed to Landlord at the address specified in the Notice section of this Lease or to such other party and place as may be designated by written notice from Landlord to Tenant. 4. UTILITY EXPENSES. Tenant shall be responsible for paying, prior to delinquency, all public utilities provided directly to the Premises, including electric, water and all other costs and expenses directly related to Tenant's use of such utilities. All utilities servicing the Premises shall be metered in Tenant's name and it shall be the responsibility of Tenant to arrange for any utilities to serve the subject Property.. 5. IMPROVEMENTS. Landlord agrees that Tenant may make improvements to the Premises, at Tenant's sole cost and expense and with Landlord's written approval, which approval shall not be unreasonably withheld. The improvements shall include any excavation work, land preparation, parking lots, providing of utilities to the Premises, including water for agricultural use. It is mutually agreed by the parties hereto that at the termination of this Lease, Tenant may remove any trade fixtures, such as greenhouses, plants and other facilities located on the property; but it shall not remove any parking areas with curbing or asphalt which has been installed as part of the improvements allowed by Landlord. 6. MAINTENANCE AND REPAIRS; LIENS. 6.1. Maintenance and Repairs. Tenant shall maintain the Premises in good order and repair and shall not allow trash to accumulate on the Premises. In addition, Tenant shall be responsible to maintain its trade fixtures, including greenhouses and parking areas, in a good and presentable condition so as not to detract from Landlord's convenience store located just east of the Premises. Tenant agrees on a daily basis to cause any papers and wraps which have accumulated during the day to be picked up regardless of the source of such trash. 6.2 Liens. At all times, Tenant shall keep the Premises free and clear of mechanics', materiahnen's, and other liens and all charges and claims and encumbrances caused or created by Tenant or anyone claiming through or under Tenant. Tenant shall permit Landlord and its agents to enter into and upon the Premises at all reasonable times for the purpose ofplacing upon the Premises notices of non -responsibility for the claims of mechanics, materialmen or contractors provided such entrance does not interfere with Tenant's operations. 6.3. Discharge of Liens. If any such mechanic's or other lien shall at any time be filed against the Premises, Tenant shall either cause the same to be discharged ofrecord within thirty (30) days after the date of filing of the same or, if Tenant shall desire to contest any such lien, Tenant shall furnish to Landlord a security deposit in the amount of the claim, plus costs and interest, or shall procure a bond of a reputable bonding company in such amount. The judgment of any court of competent j urisdiction determining the validity and/or amount of any such lien shall be conclusive of such fact as between Landlord and Tenant. 7. INSURANCE. 7.1. Insurance Coverage. During the Term, Tenant shall maintain, at its sole cost and expense, the following insurance coverage: (a) commercial general liability insurance covering bodily injury, death, personal injury damage with minimum coverage of One Million Dollars ($1,000,000.00) with respect to any one occurrence, (b) commercial general liability insurance for third party property damage in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence. Any such policy or policies shall be maintained with a well rated and financially sound insurance company licensed to do business in the Commonwealth of Virginia, selected by Tenant and shall include Landlord as an additional insured. Certificates evidencing such insurance shall be provided to Landlord on the Commencement Date. Landlord agrees that any insurance coverage required to be maintained by Tenant may be included in blanketed policies covering such other locations where Tenant conducts business. 8. ENVIRONMENTAL MATTERS. 8.1 Landlord's Representation. Landlord represents and warrants to Tenant that, to the best of its knowledge, there are no conditions or circumstances existing at the Premises relating to human health or the environment which would result in any requirement by Tenant to clean up or otherwise remedy such a condition or circumstance, or which could give rise to any lien on or liability, injunction, restriction, claim, expense, damage, fine or penalty with respect to the premises, or which would adversely affect human health or the environment at or near the Premises. Notwithstanding the aforesaid, Landlord shall defend, indemnify and hold harmless Tenant from and against any and all claims, suits, losses, liabilities, fines, expenses, penalties, costs, judgments and other damages (including without limitation reasonable attorney's fees) incurred or sustained by Tenant by reason of any misrepresentation or breach of any warranty set forth above or by reason of any condition or circumstance that existed on, at or in the Premises prior to the date of this Lease. The provisions of this Section 8.1 shall survive termination of the Lease. 8.2 Tenant Contamination. In the event that the Premises are contaminated by Hazardous Material released by Tenant, its officers, employees, or agents (hereinafter called "Tenant's Release"), Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such contamination. Without limiting the generality of the foregoing, the indemnification provided by this section shall specifically cover costs incurred in connection with any clean-up, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of the presence of Hazardous Material in the soil or groundwater on or under the Premises resulting from Tenant's Release. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. 8.3 Definition of Hazardous Materials. "Hazardous Materials" as used herein shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, 3 or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Federal Clean Water Act, as amended, or any other federal, state or local environmental law, regulation, ordinance, rule, or bylaw, whether existing as of the Commencement Date of this Lease, previously enforced or subsequently enacted. 9. INDEMNIFICATION. 9.1 Indemnification of Landlord. Tenant shall indemnify Landlord and its agents, representatives and employees from and against any and all claims, suits, losses, liabilities, fines, expenses, penalties, costs, judgments and other damages, including without limitation, reasonable attorney's fees, incurred or sustained by Landlord or any of its agents, representatives or employees by reason of (a) the use and occupancy of the premises by Tenant, (b) failure of Tenant to comply with any of the provisions of this Lease, or (c) any bodily injury, death, personal injury or property damage occurring upon the premises during the Term, unless such claims, suits losses, liabilities, fines, expenses, penalties, costs, judgments and other damages are the result of the negligence or willful misconduct of Landlord, its employees or agents. In case Landlord shall, without fault on its part, be made a party to any such litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys fees incurred or paid by Landlord in connection with such litigation. The provisions of this Section 9.1 shall survive termination of the Lease. 10. DEFAULT BY TENANT. 10.1. Events of Default. Each of the following events, hereinafter called an "Event of Default," shall be a default hereunder by Tenant and a breach of this Lease: (a) If Tenant shall violate any covenant or agreement providing for the payment of rent and such violation shall continue for five (5) business days after written notice to Tenant from Landlord. (b) If Tenant shall be adjudicated bankrupt, whether voluntarily or involuntarily, or make any general assignment for the benefit of creditors or take or attempt to take the benefit of any insolvency or bankruptcy act. (c) If a receiver or trustee shall be appointed for or take possession of all or a substantial part of Tenant's assets. (d) The attachment, execution or other judicial seizure of all or a substantial part of Tenant's assets, where such an attachment, execution or seizure is not discharged within thirty (30) business days. 4 (e) If Tenant shall be in default in fulfilling any of the other covenants and conditions of this Lease and such default shall continue for fifteen (15) business days after written notice thereof from Landlord to Tenant, provided, however, such time period shall be extended if Tenant is proceeding diligently and in good faith to cure any such default. 10.2 Remedies Upon Default. Upon the occurrence of an Event of Default under the terms of this Lease, then Landlord may, subject to the rights of any trustee in bankruptcy to assume the unexpired terms of this Lease, upon ten (10) days' notice by Landlord to Tenant, enter upon the Premises or any part thereof in the name of the whole and repossess the same as Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove their effects forcibly, if necessary, without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. Upon such entry, Tenant's right to possession shall end, and Tenant covenants that, in case of such ending of possession by reason of the default of Tenant, Tenant shall remain and continue liable to Landlord in an amount equal to the total rent reserved for the balance of the term hereof plus all additional rent reserved for the balance of the term hereof less the net amounts (after deducting the expenses of repair, renovation or demolition) which Landlord realized, or with due diligence should have realized, from the reletting of the Premises. As used in this Section, the term "additional rent" means the value of all considerations other than rent agreed to be paid or performed by Tenant hereunder, including, without limiting the generality of the foregoing, insurance and utilities. Landlord shall have the right from time to time to relet the Premises upon such terms as it may deem fit, and if a sufficient sum shall not be thus realized to yield the rent required under this Lease, Tenant agrees to satisfy and pay all deficiencies as they may become due during each month of the remaining term of this Lease. Nothing herein contained shall be deemed to require Landlord to await the date whereon this Lease, or the term hereof, would have expired had there been no default by Tenant, or no such termination or cancellation. Once repossession by Landlord has occurred, Tenant expressly waives any and all right to recover or regain possession of the Premises, or to reinstate or redeem this Lease as may be permitted or provided for by or under any. statute or law now or hereafter in force and effect. The rights and remedies given to Landlord in this Lease are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by Landlord, shall be deemed to be in exclusion of any of the others herein or by law or equity provided. Nothing contained in this Section shall limit or prejudice the right of Landlord to prove and obtain, in proceedings involving the bankruptcy or insolvency or, or a composition with creditors by Tenant, the maximum allowed by any statute or rule of law at the time in effect. 11. CONDEMNATION. If the whole of the Premises is taken by any public authority under the power of eminent domain, then the Term of this Lease shall cease as of the day possession shall be taken by such public authority and the rent shall be paid up to that day with a proportionate share of said rent to be refunded to Tenant by Landlord if any such rent has been paid in advance. If any portion of the Premises is taken by any public authority under the power of eminent domain and Tenant is able to continue operating its business substantially in the same manner as prior to the taking, Tenant's rent shall be reduced and Tenant shall only pay the fair market rent for the portion of the Premises remaining to be used by Tenant. If any portion of the Premises is taken by any public 5 authority under the power of eminent domain and Tenant is unable to continue operating the business substantially in the same manner as prior to the taking, then the Term of this Lease shall cease as of the day possession shall be taken by such public authority and the rent shall be paid up to that day with a proportionate share of said rent to be refunded to Tenant by Landlord if any such rent has been paid in advance. All damages awarded for such taking under the power of eminent domain, whether for the whole or part of the Premises, shall belong to and be the property of Landlord; provided, however, that Landlord shall not be entitled to the award made to Tenant for the cost of removal of Tenant's belonging. Landlord acknowledged that it has no claim to any portion of an award relating to personal property of Tenant and those items Tenant is permitted to take with it at termination of the Lease. 12. SURRENDER OF POSSESSION. 12.1 Yield UD. At the expiration of this Lease or upon the earlier termination of this Lease for any cause herein provided for, Tenant shall peaceably and quietly quit the Premises and deliver possession of the same to Landlord. 12.2 Removal of Improvements. At the expiration of this Lease, or at its earlier termination for any cause herein provided for, Tenant shall leave, and shall not remove any alterations, additions, new construction and other improvements to the Premises except if the same constitutes Tenant's trade fixtures, such as greenhouses, storage buildings, plant inventory, landscaping products used in connection with the operation of the business. 12.3 Personal Property of Tenant. Landlord agrees that all furniture, fixtures and equipment, such as greenhouses and its related parts and/or business equipment shall remain the property of Tenant and be removed by Tenant at the expiration of the Lease, but Tenant shall repair any damage occasioned by such removal and shall restore the grounds upon which the fixtures were installed in a condition that will not cause erosion or other such problems with the real estate. If Tenant shall fail to remove such property within thirty (30) days following the expiration or earlier termination of this Lease, such property shall be deemed to have been abandoned by Tenant and may be appropriated, sold, destroyed or otherwise disposed of by Landlord without notice to Tenant and without obligation to account therefor. Any expense incurred by Landlord in dismantling, moving, storing or disposing of such personal property shall be chargeable to Tenant. 12.4 Property to be Free and Clear. Tenant covenants and agrees that at the time of delivery of possession to Landlord at the expiration of this Lease, any and all new construction or improvements which have become the property of Landlord shall be free and clear of any mortgage, lien, pledge or other encumbrance or charge. 12.5 Surrender of Possession. Tenant agrees to surrender the Premises to Landlord in the same condition such premises were in at the commencement of this Lease (or, as to alterations, additions, new construction and other improvements which Landlord permits to remain on the premises in the same condition such alterations, additions, new construction and improvements were in at the time of making of such alterations, additions, new construction and other improvements), reasonable wear and tear, taking by eminent domain, damage due to fire or other casualty insured against, excepted. 13. LANDLORD'S RIGHT OF ENTRY. Landlord and its authorized agents shall have the right to enter the Premises during normal working hours and upon such prior notice as shall be reasonable under the circumstances for the purpose of inspecting the general conditions and state of repair of the Premises or the making of repairs required of Landlord herein, provided such entrance shall not interfere with Tenant's operations. 14. HOLDING OVER. Unless otherwise agreed in writing, should Tenant, or any of its successors in interest, hold over the Premises or any part thereof at the expiration of the Lease term, such holding over shall constitute and be construed as tenancy from month to month only, at a rental equal to one hundred fifty percent (150%) of the rent payable during the last month of the immediately preceding Lease term. Inclusion of this section shall not be construed as Landlord's consent for Tenant to hold over nor shall there be an extension of this Lease by operation of law. 15. COMPLIANCE WITH LAW. Tenant shall comply with all laws, rules, orders, ordinances and regulations of the Federal Government and County and State in which the Premises is located if such are peculiar to Tenant's specific occupancy of the Premises or Tenant's specific business conducted thereon, provided that Tenant shall not be obligated or required to modify or otherwise improve the Premises in compliance with this section, 16. BUSINESS TAXES. Tenant shall pay all franchise taxes, business taxes, or other similar rates and taxes, which may be levied or imposed upon Tenant's business. Landlord shall pay all income taxes due on the rent payable herein and all real estate taxes on the Premises. 16.1 - Subordination, Attornment and Non -Disturbance. At Landlord's request, Tenant shall subordinate in writing its rights under this Lease to the lien of any mortgage or deed of trust to any bank, insurance company or other lending institution now or in the future in force against the Premises, provided such mortgage holder agrees not to disturb Tenant's quiet possession of the Premises so long as Tenant is not in default under this Lease. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage or deed of trust covering the Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. Notwithstanding, so long as Tenant is not in default under this Lease, this Lease shall remain in full force and effect for the full term of the Lease. 16.2 —Estoppel Certificate. Tenant, upon not less than thirty (30) days' prior written notice from Landlord, shall execute and deliver to Landlord a statement in writing, (a) certifying that this Lease is unmodified and in full force and effect (or if modified, stating the nature of the modification and certifying that this Lease as so modified is in full force and effect) and the date to which Rent is paid in advance, if any, and (b) acknowledging that there are not, to Tenant's 7 8 knowledge, any uncured defaults on the party of Landlord, or specifying such defaults if any are claimed. 17. MISCELLANEOUS. 17.1 Non -Competition by Tenant. Tenant shall conduct only the business of a plant nursery and garden center and shall not sell on the property any products, such as foods, snacks or petroleum products which Landlord is selling at its convenience store adjacent to the Premises. A breach of this Agreement shall result in a default of the Lease. 17.2 Use of Convenience Store Restroom. It is understood that Tenant's employees will use portable restrooms at the location; however, Landlord agrees that the customers of Tenant shall be allowed to use the rest room facilities in the adjacent convenience store provided that such fact shall not be advertised openly by Tenant and, in the event that the usage of the restroom becomes unreasonably burdensome to Landlord's business at the convenience store, then, upon three (3) months' written notice, Landlord shall have the right to terminate this permission. 17.3 The Entire Agreement. This Lease sets forth all of the promises, agreements, conditions, understandings, warranties and representations among the parties hereto with respect to the subject matter of this Lease, and there are no other promises, agreements, conditions, understandings, warranties or representations, oral or written, express or implied, between them with respect to such subject matter. Any and all prior agreements with respect to the matters set forth herein are hereby superseded and canceled by this Lease. This Lease is, and is intended by the parties to be, an integration of any and all prior agreements or understandings, oral or written, with respect to the subject matter of this Lease. 17.4. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon Landlord and Tenant and their respective heirs, next of kin, personal representatives, successors, permitted assigns and guardians as appropriate. The term "Landlord" shall mean the person at the time holding record legal or equitable title or interest to the Premises. 17.5. Notices and Demands. All notices required or permitted herein shall be in writing and shall be sent by certified or registered mail, return receipt requested or any other delivery service providing a delivery receipt. The first (1") day following receipt of such notice shall be the start date for all time periods stated herein. The giving of notice of termination as provided for herein shall terminate this Lease with the same force and effect as though that date were the date originally specified herein for the expiration of this Lease, unless otherwise provided herein. All notices shall be addressed to Landlord or Tenant, respectively, at the following addresses, or to such other address as the parties may designate in writing from time to time: • 1] LANDLORD: High Up Dairy Mart, Incorporated Attention: Neil Malaviya 4780 Northwestern Pike Winchester, VA 22603 (540) 877-2622 (540) 877-2476 (Fax) TENANT: Always Green Garden Center, LLC ATTN: Sarah R. Largay 3016 North Frederick Pike Winchester, VA 22603 (540) 550-6449 17.6. Waiver of Trial by 1ury. Landlord and Tenant hereby agree to and do hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of said Premises and/or any claim of injury or damage, and any statutory remedy. 17.7. Governing Law. This Lease shall be construed and governed by the laws of the State in which the Premises is located. Each term and provision of this Lease shall be enforced to the fullest extent permitted by law. Should any provisions of this Lease be held to be wholly invalid, illegal or not enforceable under such state laws or any Federal laws, it or they shall be considered severable and the Lease, its remaining conditions and terms, shall remain in full force and be binding upon Landlord and Tenant as though such severed provisions had never been included. 17.8. Attorneys Fees. In the event a suit is filed by either Landlord or Tenant in order to enforce the terms, conditions and covenants of this Lease, the prevailing party in such litigation shall be entitled to reasonable attorney's fees incurred in connection therewith at both the trial and appellate levels. 17.9. Assignment and Subletting. Tenant shall have no right to assign or sublease the Premises without the written consent of Landlord which will not be unreasonably withheld, conditioned or delayed. 17.10. Captions and Pronouns. The captions are inserted only as a matter of convenience and reference and in no way define, limit or describe the scope of this Lease, or the intent of any provision hereof. The neuter singular pronoun shall be deemed to include the masculine, the feminine, and the plural. 17.11. Severability. In the event that one or more of the provisions of this Lease shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 17.12. Counterparts. This Lease may be executed in one or more counterparts each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 17.13. Contingency. This Lease is contingent upon the Frederick County Administrative Offices approving the use of the property by Tenant and which approval shall be obtained by December 31, 2008. In the event that approval is not obtained by Frederick County by December 31, 2008, this Lease shall terminate and Landlord and Tenant shall both be released from 9 any liability hereunder. 18. GUARANTY. The parties of the third part, Sarah R. Largay and Joseph L. Fromme, join in the execution of this Lease to guarantee the performance by Tenant of all duties hereunder, including the duty to pay the rent as herein agreed. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed as of the day and year first above written. WITNESS: WITNESS: WITNESS: LANDLORD: HIGH UP DAIRF CORPORATED By: � (SEAL) Gurcharan .t Date Signed: c? DO TENANT: ALWAYS GREEN GARDEN CENTER, LLC By: (SEAL) Sarah R. Largay, Member/Manager Date Signed: By: (SEAL) Joseph L. Fromme, Member/Manager Date Signed: GUARANTORS: (SEAL) Sarah R. Largay Date Signed: (SEAL) Joseph L. Fromme Date Signed: 12584 High Up Dairy \ A:\2008\Lmc Agrecmcnt - Always GT— v2.d- to DEC 9 2008 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT NIEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LIKE TO HA VE CONIPLETED. INITIALS DATE &c TIME C Candice/ Mark Dana Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): U O �� U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning and Development .540/665-5651 FAX: 540/ 665-6395 January 9, 2009 Mr. Ben Montgomery Montgomery Engineering Group, Inc. 180-9 Prosperity Drive Winchester, Virginia 22602 Re: Review Comments for Site Plan #67-08; Always Gi-een Garden Cenier Property Identification Number (PIN): 42-A-•253A Dear Ben: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval carmot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. I have enclosed a marked ropy of the plans to assist with the revisions Review Comments SHEET 1 of 6 1, Labeling. Correct all information as noted on. sheet. 1. SHEET 2 of 6 2. Drainfield Location. Armotate the location of the proposed drainfie)d. 3. Screening. Provide screening for mulch storage bins. 4. Proposed Sheds. Provide square footage and finish floor elevations for proposed sheds. 5. Outdoor Displays. Will there be any outdoor displays on the south side of the property? If so, please note location and if ther6 ,will be any screening. 6. Sign. Provide a detail of entrance sign. 7. Proposed Well. There is an electric fine running to proposed well. Is there a sump pump? SHEET 5 of 6 8. Landscaping. Suggest providing a row of pine trees. on the north and west side of the property. 107 North Kent Street, Suite 202 •• Winchester, Virginia 22601-5000 Page 2 Mr. Ben Montgomery Re: Review Comments for Site Plan #59-08 January 9, 2009 After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: the Frederick County Inspections Department, the Frederick County Department of Public Ylrorks (County Lngineei), and -the Frederick County Fire Marshal. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, f /I J � Dana M. Joluisto Zoning Inspector DW/bled Attaclunent cc: vr4igh Up Dairy Mart, 2118 N. Martinsburg Pike, Winchester, VA 22603 77, COUNTY of FREDERICK Department of Planning & Development 107 North Bent Street, Suite 202 Winchester, Virginia 22601 2 0 2009 5' 0l%r' U 0'. "%r'%nno ..i1;2� I^-fOT LzOn� t.. � .✓ ti i^. - High Up Dairy Mart 2118 N. Mart"-l-,,,- Dilro Winchester, III -f ;<'..T E ?_O:L [DE: .1. Q CJ:L / 1 7 / 0 J F?ETL)PkN TO SENDE=R ATTEMRTC'D — NOT KNOWN UNAMLE TO FORWARD DC : �?:?.001 SG�C70�9 'k02h2-:1003� - 12-.:+Fl 10 _ _ ._ ."cW�•'s�i?�C�5nC�0 1it�i�itlrir��rr��fr�irr��t�t�t��tit�ittr��rtt�t}rr�r�tr���rr� COUNTY of I+ REDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 30, 2009 Mr. Ben Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Re: Approval of Site Plan 467-08; Always Green Garden Center Property Identification Number (PIN): 42-A-253A Dear Ben: The above -referenced site plan was approved on March 25, 2009. The site plan is approved for the construction of a new Garden Center located at 3016 N. Frederick Pike. I am providing you with four (4) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for fixture reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on - site inspection. Do not hesitate to contact me if you have any questions or concerns. Si bana M. Johnston Zoning Inspector DMJ/bad Attaclunents cc: t/fligh Up Dairy Mart, 2118 N. Martinsburg Pike, Winchester, VA 22603 Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 t APR i 0 2009 �0 K, 2 0 0,9 High Up Dairy Mart 2118 N. Martinsburg Pike Winchester, VA 22603 RETURN TO SENDER ATTEMPTED -- 131107 Y,NOWN Ui-JAGLE TO FORWARD HC: 22S015C�rJOga rJ?O2-_� 7E1-30-37