HomeMy WebLinkAbout48-06 James River Equipment - Office, Whse, Swm Pond - Stonewall - BackfileSITE PLAN TRACKING SHEET
Date:
File opened
Aj, ILI
Reference Manual updated/number assigned
D-base updated
7 118 1 No 1-le given to Renee' to update Application Action Summary
CLOSE OUT FILE:
40—UG Approval (or denial) letter mailed to applicant/copy made for file
110 File stamped "approved", "denied" or "withdrawn"
o% Reference Manual updated
"fl D-base updated
41-7JD7 File given to Renee' for final update to Application Action Summary
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SITE PLAN APPLICATION CHECKLIST
The checklist shown below specifies the information which is required to be submitted as part of the site plan
application. The Department of Planning & Development will review the application to ensure that it is
complete prior to accepting it If any portion of the application is not complete, it will be returned to the
applicant(s).
(1) One (1) set of approved comment sheets are required from each relevant review
agency prior to final approval of a site plan_ It is recommended that applicants
contact the Department of Planning & Development to determine which review
agencies' are relevant to their site plan application_ A list of potentially relevant
review agencies is shown below:
Frederick County Department of Planning & Development
Department of GIS (Geographic Information Services)
�- Frederick County Sanitation Authority
—7- Frederick County Building Inspections Department
✓ Frederick County Department of Public i AL9
vl*'- Frederick County Fire hi hal
Frederick County Health Department
_ Frederick County Department of Parks & Recreation
Virginia Department of Transportation (VD01)
City of �VTinchester
Town of Stephens City
�— Town of Middletown
Frederick County / Winchester Airport Authority
(2) One (1) copy of the Site Plan application form.
/
(3) Payment of the site plan review fee.
( 4) One (1) reproducible copy of the Site Plan (if required).
4.
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AMT. PAID .00 CHECK ! I Z n
BALANCE
DUE ORDER BY
L
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It\ GREENWAY ENGINEERING
%�P7 151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
T R A N S M I T T A L
Project Name:
James River Site Plan
File No:
3949J
Date
1/17/07
To: Fred. Co. Planning Dept From: Dave Falkenstein
Attn: Candice Perkins GREENWAY ENGINEERING
Phone: 540-662-4185
Copied File Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Candice,
Please find attached one set of the revised site plan and a comment response letter for comments
dated August 28, 2006.
Feel free to contact me with any questions or concerns.
Thanks,
Dave
Ej
Hand Delivery and Pick Ups Only:
Received By:
Please Print Name:
Date:
J A N 1 7 2007
CI
UUM [Rig 111C.
- \ I ,I Wind\, I till I.uu
Winchcstcr, Vhginia 22602
I
January 17, 2006
County of Frederick Department of Planning & Zoning
107 North Kent Street
Suite 202
Winchester, VA 22601
Attn: Candice Perkins
Re: James River Equipment — First Review Comments for SP# 48-06
Comment Response
Dear Candice:
J A N 1 7 2007
We are in receipt of e-mailed comments dated August 28, 2006 and offer the following responses:
Conmients from County of Frederick Department of Planning & Zoning
Comment 1: Lot Consolidation. The Jantes River Equipment use will be conducted on all three parcels
and, therefore, the three parcels are required to be consolidated before this department will approve the
site plan.
Response: Per our September 5, 2006 meeting, it was agreed Lots 75C & 75D would be consolidated and
Lots 75D & 75E would not require consolidation and that a shared access easement between lots 75D &
75E was an acceptable option to accommodate the overlapping of improvements and entrance. Plats will be
provided to show this easement.
Comment 2: Proposed Use. Provide the proposed use for the site on the coversheet (sales and service of
heavy equipment, etc.).
Response: Revised as requested except for parcel 75E, which is not to be developed other than for SWM.
Continent 3: Gravel Yard. The gravel yard is shown as being surrounded by a chain link fence. This gravel
yard will be used as storage and needs to be screened by a board on board fence or by a row of staggered
evergreen trees. 111hile 165-33D exempts products for sale that are normally displayed outdoors, this
gravel area will also contain heavy equipment for rent as well as equipment awaiting service and,
therefore, needs to be screened.
Response: Please note an equipment repair containment area has been added to the site plan adjacent to the
wash shed and will be screened by a 6' board -on -board fence. The comment referring to "equipment for
rent" is not applicable per the BZA ruling from January 16, 2007.
Comment 4: Landscaping. Gravel areas count toward your intpervious suiface calculations; sheet 10
needs to account for these trees.
Response: Comment not applicable per the BZA ruling from January 16, 2007.
I.nl;incels Sunvcyois
felchhone 5,10-662-4185 14\x 5,10-722-9524
File #39491/ DF wrs.l,i cemv;q end .com
Conunent 20: Special Limited Power of Attorney Form. Please have the proper), owner sign the attached
Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized
and completed to grant the application (you) with authorization to represent them for this site plan.
Response: This form has been provided with this submittal.
Please find attached the revised plans as requested. As always, thank you for your assistance with this
project. Should you have any questions or concerns please feel free to contact me.
Sincerely,
Greenway Engineering
�l
C
David M. Falkenstein
Enclosures
Cc: Niki Adhikusuma, PE - Greenway Engineering
File #3949J/ DF
, l+
SpeeW United Power of Attorney °
County of Frederick, Vir&U
Frederick Plaailig Web Slues
Department oryfenaisg & Devdaq mf, Cm:dy "Wedwkic, Vk&*
07 Norik Xmi 22Wn
!bons 5444 3-Ml FUI[n& 340-W-O"
Know All Man By Thw Present: That I (WO .
(saw) --V%A' '" `. s 1�-� J 2 6�t24! f Pw+Si cS'"- ( ) � 'c�:?. 518 • e" ? 7 G.
(Addmu) 1/0q'7 G l3c .gip. •s--IAjyAS-40 „4A. 3vaC—
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the ow wf sj of ali theme tracts or p krWs of W ("PropW) omveyod to ms (a), by &vd reed in the
Clerk's Office of the Circuit Court of the County of Fr+sdericac. Vginia, by
Instr i No, ' ter pale _ ,end is described as
Parcel; Lm: BIoek: Section: Subdivision;
do hrreby make, toast vtt amd q"bit:
(N&=) (Pbwe)(S-kc4r 6.� - I BS_•
(Address) i S t v.� a K N4t C�, �t+a• _��_�.c► .
To act as my my and lawfW attortsty-in-fact for =W to my (ow) , Imo, aryl sta&d Wdb full power �
iudfiwity I (vft) would have if aatin8 paunxUy to file ptmnitz vplioatiou hoc my (our) abwm described
Property, inoIt,ditrg: C11" )U=aIng Owkdilag Kam)
Cl" Ceadkionai Use Permit
Master DWaiopumot rink wry Red Fh4
�at
My attomcy-in-fact :bail buys the andsority to oft proffo a owdidons Red to make ammdavall to
prcvioLWy g7oveA proffered canditiow except as folio":
'Kris a+: omiution shall expire one year from the day it it glpm d, or until it is o6ewise rescinded or
modified.
In witness thereof', I (we) bave here setsd t my (our) hand aseal this c sy of 4 200-
S1 �rr at]lt'C(S)
State of Virginia, City/County of To -wit:
—Ify - ir
I , a Rotary Public in and to the jwisdiatiaat
aforCsaid, cvt4 brat the PMOAsYwbo sigrwd to the f0rclorins irortrume ily sp�re�d bofeft mss
and sckrrowled cd the before we in the jurisdiction aforesaid thi rv'y oft __, 200.Q•
My C.ammissiam IZpir*wt:
Notuy Public
"0'
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
April 16, 2007
Mr. Dave Falkenstein
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Approval of Site Plan #48-06; James River Equipment
Property Identification Numbers (PINS): 44-A-75D, 75E, 75C
Dear Dave:
The Frederick County Department of Planning and Development aclnlinistratively approved the above -
referenced site plan on April 16, 2007. The site plan is approved for the construction of a new James River
Equipilmit.site located on Yardmaster Court in the Stonewall Magisterial District. Some of the required site
inlprovenlents include the following:
Construction of a phased parking lot with a total of 44 parking spaces (including two handicap),
including curb and gutter, sidewalks, landscaping, striping, and handicap access.
One screened clunlpster site for the development.
Outdoor storage and display areas as shown oil the site plall.
All requirements of the Frederick County Zoning Ordinance have been nlet in the approvcd site plan, including
review agency comments from all relevant review agencies. I and providing you with three (3) copies of the
approved site plan. Please forward these copies to the appropriate representative(s). Fcu-thernlore, advise the
owners) that a copy should be kept for future reference, and an approvcd copy must be kept on the
construction site tllroughout the development process. Once site clevelopnlent is complete, the owner(s) should
contact this office to schedule an on -site inspection. Do not hesitate to contact nle ifyou have any questions or
concerns.
Sincerely,
Candice E. Perkins
Planner II
CEP/dlw
Attachllleilt
cc: Charles Del-laven, Jr., Stonewall District Supervisor
John Light alld Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Patrick Barker, EDC
Commissioner of Revenue
James River Equipment, P.O. Box 9414, Richnloncl VA 23228
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
•
Founded in 1971
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
•
TRANSMIT T AL
Project Name: James River Site Plan
File No: 3949J
Date 4/12/07
To: Fred. Co. Planning Dept From: Dave Falkenstein
Attn: Candice Perkins ] GREENWAY ENGINEERING
Phone: 540-662-4185
Copied File Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail [Courier
❑ Other
❑ Urgent ❑ For Your Review As You Requested
Message:
❑ Pick Up
❑ Please Comment
Candice,
Per your request, please find attached five sets of the revised site plan and approvals from other
agencies. All comments have been addressed and this plan is ready for approval signatures.
Feel free to contact me with any questions or concerns.
Thanks,
Dave
Hand Delivery and Pick Ups Only:
Received By: Date:
Please Print Name:
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept.
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540)665-5643
Hand deliver to:
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5643
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: Greenway Engineering
Address: 151 Windy Hill Lane Winchester, Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location: Yardmaster Court off of Route 11 North, Stephenson, VA
Engineering Department's Comments: 1/'4 ' ieoe tl ��/� t4e-5-,bjerf -1.
Ove 04--- 4e 'fLWowlA-24 WLr4d -1q.^
ri
e f- fl S, 61ee4 01ay,
Date received Date revision received _. Date approved _
Incomplete Incomplete -3 06
Date reviewed Date reviewe
Signature and Date ,/'--
Signature and Date (revision) ^, 1
I
•
•
Request For Site Plan Comments
Frederick County Inspections Department
Mail to:
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street
Winchester, VA 22601
(540) 665-5650
Hand deliver to:
107 North Kent Street
Fourth Floor
Winchester, VA
(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: Greenway Engineering
Address: 151 Windy Hill Lane Winchester, Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location of property: Yardmaster Court off of Route 11 North, Stephenson, VA
Inspections Department $ comments:
MOH4 a f e Q �P
i1C, r��✓ ryl .
Inspections Department use only
Date received Date revision received Date approved i
Incomplete Incomplete TJ
Date reviewed D e r we
s' d
Signature and Date
Signature and Date
t
MAY 3 1 2006
'I
15
^c
NTA
Control number
SP06- 0025R
Project Name
James River Corp.
Address
151 Windy Hill Ln.
Type Application
Resubmit Site Plan
Current Zoning
13
Automatic Sprinkler System
Yes
other recommendation
Emergency Vehicle Access
Adequate
Siamese Location
Adequate
•
is
Frederick County Fire and Res(
Department
Office of the Fire Marshal
Plan Review and Commen
Date receivea
6/26/2006
City
Winchester
Tax ID Number
44-A-75D
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Plans Approved As Submitted.
Pion Approval Recommended
Yes
Dote reviewed
6/27/2006
Applicant
Greenway Engineering
State Zip
VA 22602
Fire District
13
Date Revised
Applicant Phone
540-662-4185
Rescue District
13
Election District
Recommendations Stonewall
Automatic Fire Alarm System Residential Sprinkler System
Yes No
Requirements
Hydrant Location Fire Lane Required
Adequate Yes
Roadway/Aisleway Width Special Hazards
Adequate No
JUN 2 7 2006
Reviewed By Signature PLANS APPROVED
J. Bauserman rt, _��
'.�'-fREDERICK COUNT
James River Equipment (Yardmaster Court) Page 1 of 1
•
Dave Falkenstein
From: Sweitzer, Barry [Barry. Sweitzer 0 VDOT.Virginia.gov]
Sent: Friday, June 30, 2006 1:51 PM
To: Dave Falkenstein
Cc: Ingram, Lloyd
Subject: James River Equipment (Yardmaster Court)
Ref: James River Equipment (Yardmaster Court)
Off Route 11, Martinsburg Pike
Frederick County
We have received your revised site plan dated May 18, 2006 for the referenced project. It
appears all of our earlier review comments have been satisfactorily addressed. Please advise
the owner of our approval. Also please provide four (4) sets of approved construction
plans with signed seal for VDOT distribution.
Since this proposed entrance connects directly to a facility not currently a part of VDOTs
Secondary System of Highways, no VDOT Land Use Permit will be required. However, we ask
that every precaution should be undertaken to keep any VDOT facility used for access be kept
clear of all construction debris at the point(s) of entry.
A copy of any/all recorded plats of dedication for drainage easements or additional right-of-
way required for implementation of this proposed project should be provided to VDOT prior to
issuance of any land use permits. Dedication should be made to the Commonwealth of
Virginia.
Should you have any questions, do not hesitate to call.
<<SCN 20060630134911 _001.pdf>>
Barry J. Sweitzer
Transportation Roadway Engineer
VDOT - Edinburg Residency
Land Development
Phone #540-984-5631
Fax #540-984-5607
4/ 12/2007
•
Request For Site Plan Comments
Frederick County Sanitation Authority
:Mail to- Hand deliver to:
Frederick County Sanitation Authority 315 Tasker Road
Ann: Engineer Director Stephens City, VA
P.O. Box 1877 (540) 868-106 )
Winchester, VA 22604
(540) 868-1061
Please rill 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: Greenway Engineerine
Address 151 Windy Hill Lane. Winchester, Virginia 22602
Phone Number. (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location of property: Yardmaster Court off of Route I I North, Stephenson, VA
Frederick County Sanitation Authority's Comments:
Z 5 Z" ??kFV1,E-W- c'0�9R�cr ,� R�FSydihir
1O 1 ZE'�.5
,?Na ReV/,Eli/- IV072eJ___
06
6 Z006
James River Equipment
Subject: James River Equipment
From: Candice Perkins <cperkins a co.frederiek.va.us>
Date: Thu, 07 Sep 2006 13:46:46 -0400
To: Dave Falkenstein <dfalkenstein@greenwayeng.coni>
BCC: Eric Lawrence <elawrenc@co.fi•ederick.va.us>, Mark Cheran <mclieran a co.frederick.va.us>
<>Dave,
Regarding our meeting about the James River Equipment Site, there are two ordinance allowed options
for the area where the equipment will be parked.
1. The equipment being stored on the site falls under the definition of a vehicle and is subject to the
requirements of section 165-27 of the Frederick County Zoning Ordinance. Therefore each piece
of equipment must be stored within a parking space. The surface of the lot must be paved and
landscaped accordingly per the Zoning Ordinance. Option 1 for the site involves paving the lot,
providing parking spaces and landscaping the lot per the ordinance.
2. Recognizing the type of equipment that this site will deal in, we can work with you regarding the
material that will be used in the lot (gravel v. pavement) so that the equipment will not destroy the
pavement. This site is still required to provide parking lot landscaping per section 165-27 of the
Zoning Ordinance. Option 2 involves utilizing a gravel parking lot and providing the required
landscaping.
<>If you have any questions, please feel free to contact me.
Candice Perkins
Planner II
Frederick County Department of
Planning & Development
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5651
1 of 1
9/22/2006 8:22 AM
RE: James River Equipment
Subject: R>✓: James River Equipment
From: "Ingram, Lloyd" <Lloyd.Ingram a VDOT.Virginia.gov>
Date: Fri, 8 Sep 2006 10:19:46 -0400
To: 'Dave Falkenstein' <dfalkensteii@greenwayeng.com>
CC: 'Candice Perkins' <cperkins a co.frederick.va.us>, "Dove, Ronald"
<Roiiald.DOVe@VDOT. V irginia.gov>
Dave,
That is correct. I am not sure why the curb and gutter was overlooked during the review process. Curb
and gutter at the entrance is standard for commercial entrances.
Thanks,
Lloyd A. Ingram
Transportation Engineer
VDOT — Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540)984-5611
(540) 984-5607 (fax)
From: Dave Falkenstein[mailto:dfalkenstein@greenwayeng.com]
Sent: Friday, September 08, 2006 10:01 AM
To: Ingram, Lloyd
Subject: James River Equipment
Lloyd:
I had a meeting with Candice Perkins (Fred. Co. Planning). She informed me that VDOT, although
previosuly approving the plan without C&G, is now requiring curb & gutter at the entrances into James
River Equipment off of Yardmaster Court.
Can you confirm this?
Thank you,
Dave Falkenstein
Greenivay Engineering
151 Windy Hill Lane
Winchester, VA 22602
Phone: 540-662-4185
Fax: 540-722-9528
Visit us on the web at www.greenwayeng.com
Greenway Engineering
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1 of 2 9/8/2006 10:20 AM
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0
�1 C MU1�1+ DERICK
Department of Planning and Development
. 540/ 665-5651
I+AX: 540/665-6395
August 28, 2006
ivlr. Dave Falkenstein
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Second Review Comments for SP8 48-06; James River Equipment
Propert), Identification Numbers (PINS): 44-A-75D, 75E, 75C
Dear Dave:
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.
Review Comments:
1) Lot Consolidation. The .lames River Equipment use will be conducted on all three parcels and,
therefore, the three parcels are required to be consolidated before this department will approve the
site plan.
2) Proposed Use. The uses for the three parcels need to state the same use, "heavy equipment sales
and service".
3) Gravel Yard. The gravel yard is shown as being surrounded by a chain link fence. This gravel
yard will be used for storage and needs to be screened by a board -on -board fence or by a row of
staggered evergreen trees. \Nuhile 5165-33D exempts products for sale that are normally displayed
outdoors, this gravel area will also contain heavy equipment for rent as well as equipment
awaiting service and, therefore, needs to be screened.
4) Landscaping. Gravel areas count toward you impervious surface calculations; sheet 10 needs to
account for these trees.
5) Special Limited Power of Attorney Form. Please have the property owner sign the attached
Special Limited Power of Attorney Form prior to further review or approval. This form should
be notarized and completed to grant the applicant (you) with authorization to represent them for
this site plan.
After you have revised the site plan, please resubmit one copy 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 final administrative approval. Comment sheets are required from the following
agencies: the Frederick County Iny1mctio»s Department, the Frederick Counnty Department of Public
14'orks (County Engineeu), the Frederick County Fire Marshal, the Frederick County Sanitation
Authority, and the Virginia Department of Transportation.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Mr. Mr. Dave Falkenstein
Greenway Engineering •
e RE: Site Plan #48-06
August 28, 2006
Page 2
Sincerely,
cam. 1�y
Candice E. Perkins
Planner II
cc: James River Equipment, P.O. Box 9414, Richmond VA 23228
CEP/bad
Attachments
• •
/t\ GREENWAY ENGINEERING
%47 151 Windy Hill Lane 2 1 2006
Foumkf in 1971
Winchester, Virginia 22602 2 1 iWu
T R A N S M I T T A L
Project Name:
James River Site Plan
File No:
3949J
Date
8/21 /06
To: Fred. Co. Planning Dept From: Dave Falkenstein
Attn: Candice Perkins GREENWAY ENGINEERING
Phone: 540-662-4185
Copied File Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment
Message:
Candice,
Please find attached two sets of the site plan and a comment request form for your review. I
included a second set, which I highlighted the revisions.
Feel free to contact me with any questions or concerns.
Thanks,
Dave
Hand Delivery and Pick Ups Only:
Received By:
Please Print Name:
Date:
`1 • •
GREENWAY ENGINEERING
151 Windy I till Lux•
\\'inchcsm, Virginia 22602
I
August 18, 2006
County of Frederick Department of Planning & Zoning
107 North Kent Street
Suite 202
Winchester, VA 22601
Attn: Candice Perkins
Re: James River Equipment — First Review Comments for SP# 48-06
Comment Response
Dear Candice:
We are in receipt of e-mailed comments dated August 10, 2006 and offer the following responses:
Comments from County of Frederick Department of Planning & Zoning
Continent 1: Lot Consolidation. Three Parcels that make up this site need to be consolidated before this
site plan call be approved.
Response: James River Equipment owns all three lots; Parcels 75C, 751), and 75E. Parcel 75C is located
between the railroad tracks and I-81 and physically separated from the other two parcels. Therefore, it will
be left as it is in ownership. Parcel 75D is the location of'James River Equipment's main site building with
a shared access entrance located on Parcel 75E. At the time of the site plan approval, we will provide an
access easement on the plats as well as a storm drainage easement. This easement has been added to the site
plan. There will be no lot consolidation for Parcels 751) and 75E.
Comment 2: Proffers. The proffers from the rezoning need to be listed in the site plan
Response: The proffers have been added to the plans on Sheet I B.
Comment 3: Proposed Use. Provide the proposed use for the site oil the coversheet (Sales and Service of
heavy equipment. etc.).
Response: Revised as requested.
Comment 4: Phases. Label Phase I and II of the development as indicated oil the coversheet.
Response: The cover sheet has been revised as requested and reflects the latest architectural plan.
Comment 5: Building Size. The entire building is 30,129 s.J: and old;, the office and showroom square
footages aei-e accounted for (total I i,160 .sj.*). The proffers for the Adams property dictate a total square
Jootage for the entire site (555,000 s f.). The remaiiiing I8, 969 .s j.' of the James River building neeth to be
accounted for.
Response: We added this info to the cover sheet. It is separate from the parking calculations. The shop area
and showroom have been added to the warehouse totals.
1?11gineers Suiveyois
'I'dehhone 5,10-662-4185 FAX 5,10-722-9528
www.grcenwayeng.com
File tr3949J/ DF
Comment b: Landscaping Calculations. 7/re landscaping calculations provides( on the coversheel are
incorrect. The perimeter landscaping needs to be one Iree per 2.000 s.j: oj'impervious self ice: Iltis
includes asphalt and gravel areas. 77te iluerior lalidscapnrg needs to be a nlinimuln of S% of the interior
portions of the parkhtg lot: these trees need to be included in parking lot islaltrls.
Response: The landscaping calculations have been revised and have been moved to Sheet 10. The
landscape plan has been revised accordingly.
Comment 7: Parkilrg Calculations. T he parking c alc•ulnlinns sho wn on the cnversheel do not account for
the rlllntcrolrs service bgvs depicted on sheet S: three spaces are required per baY.
Response: This business is primarily a sales center for heavy equipment. However. the hays will be used
for the maintenance and service of heavy equipment as provided by other equipment dealers and will not be
used for the servicing of autonlobiles. County Code 165-27 does not address the requirements for parking
f"or a service of this nauu-e. Ina typical situation, inoperahle equipment will be recovered irons the field.
towed in and dropped off for repair. The only parking necessary for each service bay will be a single space
to serve the mechanic working within the service bay. Eleven ( I I ) spaces have been provided for I I service
bays. We feel this is adequate parking for the type of activity in this section of the building.
Comment 8: Notes. Provide a note- on the coversheel that stales all ouldoor lighting must be shielded from
adjoining properties and roan/ right-oj* waYs.
Response: This note has been added to the cover sheet.
Comment 9: Adjoining Properties. As indicaled on sheet M, provide all rrcljoining properlies.
Response: Adjoining properly information has been added as requested.
Comment l0: Gravel Yard. Ilse gravel "yard is .chained as being surrounded b• a chain link jetrce. This
gravel yard gill be used as storage and needs to be screelted bl. a hoard an board fence or by a row of
staggered evergreen trees.
Response: Per Code 165-33.D, this area is exempt as the vehicles contained within this area are "normally
displayed outdoors." Please see attached photos of relevant businesses exercising the same code exemption.
Comment l l: Enti-rurce Details. 77te two ewrances owo Yardmaster Cams far the silo do rlol appear to
meet VDO7'stanelards. Revise sheet S to reflect the delail shouvt on sheet 13.
Response: 'These entrances have been approved by VDO'T. The first entrance was designed per VDOT's
reconu»enclations.
Comment 12: Access Easements. 'Ae access easemellt that goes over the railroad tracks needs to be
gran led/recorded prior to the site plan being approved.
Response: A copy of the Industrial Grade Crossing Agreement between Winchester and Western Railroad
Company and .lames River Egllll)illellt has been provided with this SLlbilliSSi011.
Comment l3: Future Addition. The proposed addilioll deeds to be shown complete alit labeled Phase lI so
that an additional .rile plan will not be recprired when the properly owners chose to cnit.rlrucl the additiolt.
Response: Revised as requested.
Comment 14: Curb and Gutter. 77w curb and gimer should be extewled as hiclicated on street 5.
Response: We have extended the curb and gutter from the parking lot to the 30' road section. Any Curb
added to the Cut -de -sac may create drainage problems.
rile # 3949U DP
Comment 15: Building Breakup. The breakup of the bni/e/il,g l,ecds to be s/tou,lt on sheet 5 (showroom,
office service. elc'.)
Response: The building breakup has been added per the latest architectural plans.
Comment /0: Proposed Outdoor Di.spla*i% The area between the railroad and 1-81 is shown as outdoor
displgs• on the rile' plan. Pie approred UDP dale's that this are coil, otth, be usedr fooutdoor storage, rrol
for displaY front /-81. the pre.sen,mion of e.ri.rting vegelation needs to be shou•tt in this plan to .screen anp
items stored ill this area front 1-81.
Response: Per Code 1 G5-33.D, this area is exempt as the vehicles contained within this area are "normally
displayed outdoors." Please Sec attached pholos of relevant businesses exercising the same code exemption.
Comment 17: Dunpster Location. A dlrntpslel- silo needs to be provided for IITe silo.
Response: A dumpsler pad has been added to the planS. Dempster pad and enclosure details have also been
added to Sheet 13.
Comment 18: Landscaping Motes. On sheet /0, notes need to be provided that state (1) all planting shall
col,fornt wilh §105-3(13 of the Frederick Counts- Zoning Ordinance (Platt selection. planting procedure.
and maintenance). and (2) am plant substiattiOlIS ultest be approved in writil,g by the Frederick Comm,
Planning Department.
Response: "These notes have been aciclecl to Sheet 10 as requested.
Comment /9: Hedge Rows. The hedge rows showil on slleel /0 are not adequale for headlight Screening
(one plain per parking space). "I•he hedges need to he sholrn three to four feet apc11-1.
Response: The hedgerows have been revised as rcqucste(l.
Comment 20: Special Limiters Power of Altarner Form. Please hai'e I/le properh, owner sign the attachedSpecial Limited Power of Attorl,c r Form prior to furl/te'r re'I'lew of approl'al. //its form Should be notarized
and completed t, ,'rant the application (note) with aulhorr;aliolt to represett them for this site plan.
Response: This Iorm has been forward to our Client and is being reviewed by their attorney and we will
provide a Si-Uned Copy to you when we receive it back.
Please find attached the revised plans as rcqucsted. As always, thank you for your assistance with this
project. Should you have any queStionS or ConcernS please I•eel free to contact me.
Sincerely.
Greenway Engineerin(I
Dave Falkenstein
EnclOSIII•CS
Cc: Niki AdhiktISunul. PE - Greenway Engineering
File #39.19J/ DF 3
� ` •
Equipment dealer along Route 7, Frederick County, VA
Equipment dealer along Route 7, Frederick County, VA
Equipment dealer along Route 50 — Frederick County, VA
Equipment dealer along Route 50 — Frederick County, VA
• • WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
INDUSTRIAL GRADE CROSSING AGREEMENT
THIS AGREEMENT, Made as of (date) lq-b (a , by and between Winchester and
Western Railroad Company, a Virginia Corporation, Whose office is located at 126 EAST
Piccadilly Street, Winchester, VA, hereinafter called "Railroad" party of the first part, and JRE
WINCHESTER, LLC, whose mailing address is P. O. Box 9414 Richmond, VA 23228, hereinafter
called "Licensee", party of the second part,
WITNESSETH:
Railroad, subject to the limitations herein, for and in consideration of the fees to be paid by
Licensee and of the covenants, terms, conditions and agreements herein to be kept and performed
by Licensee, hereby grant to Licensee the right or license to construct, use and maintain two
industrial road at grade across the tracks, right-of-way, and property of Railroad, at or near
Frederick County, Virginia, hereinafter called "Crossing", said Crossing being 30 feet wide, the
center line of which extends across said right-of-way and intersects the center line of Railroad's
tracks at milepost 110.78, as shown on print of Exhibit A, attached hereto and made a part
hereof.
1. DEFINITIONS:
1.1 The term "Licensee" herein shall include the undersigned corporation,
association, partnership, governmental body or individual, as the case may be.
The term "Licensee" shall also include Licensee's agents, employees, servants,
sublicensees and invitees. All words herein referring to Licensee shall be taken
to be of such number and gender as the context may require.
1.2 The term "Railroad" herein shall include any other company or companies whose
property at the aforesaid location may be leased or operated by the undersigned
Railroad, and any parent, subsidiary or affiliated system companies of Railroad
and the servants, agents or employees of each.
1.3 The term "satisfactory" or "satisfaction" herein shall mean approval by Railroad
or their designated representative.
1.4 The term "Crossing" herein shall include track crossings, approaches, roadways,
drainage facilities, warning devices, signal and wire lines, gates, barricades,
signs, appliances and ancillary facilities.
1.5 If this Agreement covers more than one crossing or more than one track, the
terms "Crossing" and "Track" herein shall be construed respectively as including
any one or all of said crossing or tracks, as the context may require.
1.6 "Maintenance" shall include keeping all vegetation, to the extent possible, with, ,
cut to a height not exceeding two feet (2') above ground level, and keeping free
of parked vehicles and other obstructions.
2. USE, LIMITATIONS:
W WVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
2.1 This license is subject to: (a) all encumbrances, conditions, covenants and
easements applicable to Railroad's title to or rights in the subject property; (b)
any existing public utilities and other pipe or wireline facilities located in, on,
over, under or across the Crossing; (c) all instruments, easements, agreements
and rights therefor, recorded or not; and (d) compliance by Licensee with terms
and conditions herein.
2.2 The Crossing shall be used solely as a private road for the purpose of moving
equipment to/from Licensee's adjacent land for display.
2.3 This Agreement is a personal license to Licensee and, except for Licensee's
employees, family, agents, servants, patrons, and/or invitees, Licensee will not
allow any other persons to use said Crossing without the prior consent in writing
of Railroad.
2.4 Licensee, at its sole cost and expense, shall erect and permanently maintain
"PRIVATE ROAD —NO TRESPASSING RESTRICTED USE" signs or other
signs indicating the private nature and limited use of the Crossing, at locations
adjacent to said Crossing designated by Railroad.
2.5 Without separate written consent of Railroad, Licensee shall not dedicate nor
permit Crossing to be used for any purpose or in any manner that might be in any
way make said Crossing a public crossing or subject it to any public servitude.
2.6 Railroad reserves and excepts unto itself the paramount right to continue to
occupy, possess and use the area of the Crossings for any and all railroad
purpose. Railroad shall not be obligated to make cuts in its trains for the
Crossing.
2.7 No expressed or implied means of ingress and egress or way of necessity upon,
across or over or adjacent lands of Railroad is granted by this Agreement.
Licensee, at its own expense, will secure and maintain any necessary means of
ingress and egress to the Crossing across lands of others.
3. FEES:
3.1 Upon execution of this Agreement, Licensee shall pay Railroad a one time
processing and license fee of Seven Hundred U. S. Dollars (S700) and
thereafter, on each anniversary of the Effective Date of this Agreement, Licensee
shall pay to Railroad an Annual Maintenance Fee of Six Hundred Dollars.
4. CONSTRUCTION, MAINTENANCE:
4.1 Crossing (including the necessary appurtenances, approaches, roadways, curbs,
gutters, shoulders, slopes, fills and cuts and drainage thereof) shall be
constructed, and thereafter maintained, at the sole cost and expense of Licensee.
• • WWVA Form 7422-1
Revised January 2001
Agreement No. WWVA-110305
4.2 Before construction, Licensee shall deposit with the railroad the sum of Fifteen
Thousand Dollars ($15,000), the estimated cost and expense of Railroad's
portion of construction work and materials (including signalization) Upon
completion of construction, Railroad will refund any portion of the deposit in
excess of Railroad's cost and expenses. Should railroad cost and expenses
exceed said deposit, Licensee shall promptly pay such excess upon receipt from
Railroad of bill thereof.
4.3 Licensee shall furnish all other labor and materials required to install the
Crossing and do all necessary grading for the approaches.
4.4 Licensee, at its sole cost and expense, shall maintain all approachways, and shall
keep the crossing and designated Sight Clearance Areas at all times free and clear
of all spilled materials, ice, snow, mud, debris and all obstructions (including
parked vehicles) to satisfaction of Railroad.
4.5 Licensee shall perform or cause all Licensee's construction and maintenance
under this Agreement to be performed in a prudent and workmanlike manner, in
conformity with any applicable statutes, orders, rules, regulations and
specifications of any public authority having jurisdiction over the Crossing and
under conditions satisfactory to and approved by Railroad. Said construction and
maintenance shall be performed at such times and in such manner as not to
interfere with the movement of Railroad's trains.
4.6 In the event Licensee contracts for the performance of any Crossing work,
Licensee shall require its contractors and/or subcontractors to comply with all the
terms of this Agreement.
4.7 In the event Licensee fails, in the judgment of Railroad, to comply with any
construction or maintenance requirement of this Agreement, Railroad, without
waiving any other provision of this Agreement, may either furnish the labor and
materials required to do such work, at the sole cost and expense of Licensee, or
terminate this Agreement in accordance with Article 12. hereof.
4.8 Licensee Shall be solely responsible for any relocation or protective encasement
of any subsurface pipe or wireline (telephone, electrical power transmission or
distribution, fiber optic, cable television, water, sewer, gas or petroleum products,
et al.) and for necessary relocation of surface structures or facilities (fences,
towers, poles, etc.) incident to Licensee's construction (or reconstruction) of the
Crossing.
5. DRAINAGE:
5.1 Licensee shall not interfere with, or permit its contractors to interfere with, the
existing drainage facilities within the approachways or underneath said Crossing.
5.2 Licensee shall furnish, install and maintain, at Licensee's sole expense and in a
manner satisfactory to Railroad, necessary drainage pipe within the
approachways and underneath said Crossing, on each side of said tracks, to
accept drainage from the roadbed and keep drainage from tracks and right-of-
way of Railroad.
• WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
6. PERrMTS:
6.1 Before any construction hereunder is performed, or before use by Licensee of the
Crossing, Licensee, at its sole cost and expense, shall obtain any necessary
permits or licenses from all Federal, State or local public authorities having
jurisdiction over the Crossing or Railroad's right-of-way and shall thereafter
observe and comply with said licenses and permits, with the requirements of such
public authorities, and with all applicable laws, rules and regulations and
modifications thereof.
6.2 Railroad shall co-operate with Licensee in securing and complying with any
Federal, State or local permits relative to Licensee's Crossing.
6.3 Licensee shall defend, protect and hold Railroad harmless for failure to obtain
permits and licenses, for any violation thereof, or for costs or expenses of
compliance or remediation.
7. BARRICADES, GATES, SIGNALS:
7.1 Licensee, at its sole cost and expense, shall furnish, construct and maintain any
gates, barricades, signs, flashing light signals, and/or crossing warning devices,
or provide permanent flaggers or other protective services, as shall from time to
time be deemed necessary for public safety purposes by Railroad or by any
public authority sharing jurisdiction over rail grade crossings. The design and
placement of signs, barriers, gates and any crossing warning devices shall be
subject to the approval of Railroad. The cost of installing and maintaining and/or
furnishing such additional crossing protection shall be paid solely by licensee as
a condition to keeping the crossing in place.
7.2 Railroad may elect to furnish materials and install such gates, barricades signs or
automatic or other crossing warning devices, or provide such protective services,
at the sole cost and expense of Licensee. Railroad may require advance deposit
of estimated cost and expense of such work and materials. Upon completion of
construction, Railroad will promptly refund any portion of the deposit in excess
of Railroad's costs and expenses. Should Railroad's costs and expenses exceed
said deposit, Licensee shall promptly pay such excess upon receipt from Railroad
of bill therefor.
7.3 After any Crossing signals have been place in service, Railroad will operate and
maintain said signals, at the sole expense of Licensee. Costs of such signal
maintenance and operation (including electric current) will be reviewed
periodically, and the amount billed will be revised accordingly. In addition to
said signal maintenance and operation expense, Licensee shall reimburse
Railroad, within sixty (60) days after receipt of itemized bill from Railroad, (a)
the cost of upgrading said signals to prevent obsolescence and (b) the cost of
repairing or replacing said signals as a result of damages thereto, howsoever
resulting. If Licensee fails or refuses to maintain and/or provide or pay costs
thereof, Railroad may terminate the Agreement as in Article 12.
. • WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
8. OPERATIONAL SAFETY:
8.1 Licensee shall use and shall cause its agents, employees, family, servants,
sublicensees and invitees to use the highest degree of care in the operation and
use of said Crossing so as to avoid collisions and/or interference with operations
of Railroad.
8.2 Railroad shall erect, and thereafter Licensee shall maintain, all at Licensee's cost,
reflectorized "Railroad Crossing" crossbuck signs on each side of the Crossing,
clearly visible to vehicular traffic approaching the Crossing from either side, and
advising of the number of tracks to be crossed. Licensee shall erect, and
thereafter maintain, reflecting standard highway "STOP" signs on each side of
the Crossing, clearly visible to vehicular traffic approaching the Crossing from
either side. Licensee shall be solely responsible to periodically inspect such
signs to insure that same are in place and visible.
9. FLAGGING, CONSTRUCTION:
9.1 If Railroad deems it advisable during any period of construction, maintenance,
repair, renewal, alteration, change, or removal of said Crossing, to place
temporary watchmen, flaggers, inspectors or supervisors, for protection of
operations of Railroad or others on Railroad's right-of-way at the Crossing,
Railroad shall have the right to do so, at the expense of Licensee, but Railroad
shall not be liable for its failure to do so.
9.2 Subject to Railroad's consent and to Railroad's railroad operating rules and labor
agreements, Licensee may provide flaggers, watchmen, inspector or supervisors
during all times of such construction, re -construction, etc., at Licensee's sole risk
and expense; and in such event Railroad shall not be liable for the failure or
neglect of such watchmen, flaggers, inspectors or supervisors.
10. EXPLOSIVES:
10.1 In the construction and/or maintenance of said Crossing, Licensee shall not use
explosives of any type or perform or cause any blasting without the separate
express written consent of Railroad. In the event such consent is extended, a
representative will be assigned by Railroad to monitor, and Licensee shall
reimburse Railroad for the entire cost and/or expense of furnishing said monitor.
10.2 Neither Licensee nor Licensee's contractors, agents or employees, may transport,
carry or haul any explosive, flammable, combustible or other hazardous or
dangerous materials, goods or commodities across tracks of Railroad without
separate prior written consent of Railroad. Such restrictions shall not apply to
gasoline or diesel fuel in the vehicular fuel supply tanks of any vehicle passing
over Crossing.
• WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
11. ALTERATIONS, TRACK CHANGES:
11.1 Whenever any repairs or changes are made to Railroad's right-of-way or track, or
if additional tracks are laid at the site of the Crossing, necessitating repairs to,
alteration of, or relocation of the Crossing, Licensee shall pay for or shall furnish
labor and materials to make such repairs to, alterations of, or relocation of the
Crossing.
11.2 In the event that Railroad's operating and/or maintenance needs or uses require
any change (including any raising, lowering, or additions to), relocation or
improvement in its right-of-way, tracks, structures, roadbed, rail communication
or other facilities (including fiber optic cable), which necessitate any change in
Crossing and/or the grading, approaches or drainage, within thirty (30) days after
notice in writing from Railroad, all at Licensee's sole cost and expense, and upon
plans and specifications approved by Railroad.
11.3 If Licensee desires to revise, relocate. or change in all or any part of said
Crossing, or if Licensee is required to change or alter Crossing, drainage or
approachways, plans therefor shall be submitted to Railroad for approval before
any such change is made.
11.4 After change or alteration, the terms and conditions of this Agreement shall apply
thereto.
12. TERM, TERMINATION, REMOVAL:
12.1 This Agreement shall be and remain in effect until terminated by either party
giving to the other thirty (30) days written notice.
12.2 Upon failure of Licensee to perform or comply with any term, covenant, clause,
or condition herein contained, this Agreement may be terminated immediately
upon notice by Railroad. After such notice of breach, Railroad may barricade or
otherwise block said Crossing until removed by Licensee, at sole risk and
expense of Licensee.
12.3 Within thirty (30) days after termination of this Agreement, unless the parties
hereto otherwise agree, said Crossing shall be removed, all approaches
barricaded, and right-of-way of Railroad restored in a manner satisfactory to
Railroad, all at the sole cost and expense of Licensee. All removal and
restoration work to be performed on that portion of said Crossing between the
rails of said tracks and for two feet (2') beyond each rail shall be done by
Railroad, at Licensee's sole cost and expense.
12.4 If Licensee fails to make removal as in section 12.3, Railroad may remove same,
by Railroad employee or contract forces, at Licensee's sole risk, cost and
expense.
12.5 All rights which Licensee may have hereunder shall cease and end upon the
termination date so specified; provided, however, that termination of this
Agreement shall not in any manner affect any claims and liability which may
• WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
have arisen or accrued hereunder prior to termination, and which, at the time of
termination, have not been satisfied.
13. RAILROAD FORCE ACCOUNT COSTS:
13.1 Railroad's expense for wages of Railroad employees ("force account" charges)
and materials for any work performed at the expense of Licensee pursuant to this
Agreement shall be paid by Licensee within thirty (30) days after receipt of bill
therefor.
13.2 Such expense shall include, but not be limited to: cost of labor and supervision
under "force account" rules, plus current applicable overhead charges (traveling
expense, Federal Railroad Retirement and Unemployment Taxes, vacation
allowances); the actual cost of materials; and insurance and freight and handling
charges on all materials used. Equipment rentals, if any, shall be in accordance
with Railroad fixed applicable rates.
14. RISK, LIABILITY, INDEMNITY:
14.1 Licensee, recognizing that Railroad's operations and any use of Railroad
property, tracks and right-of-way involves increased risks, expressly assumes all
risk of loss and damage to, and waives any right to ask or demand damages for,
Property of Licensee, or any part thereof, at the Crossing, including loss of or
interference with the use of service thereof, regardless of cause, including: (A)
any fault, failure or negligence of Railroad in the constriction, operation or
maintenance of the Crossing or in rail operations on or over the Crossing; and/or
(B) any fire, regardless or the source or origin thereof. For this Section, the term
"Property of Licensee" shall include property of third parties situated or placed
upon Railroad's right-of-way by Licensee or by such third parties at request of or
for the sole benefit of Licensee.
14.2 Licensee, with the recognition above, and as further consideration for the grant of
this crossing right, also assumes all liability for, and releases and agrees to
defend, indemnify, protect and save Railroad harmless from and against:
(A) all loss of or damage to any other property, including property in the
care, custody or control of Railroad and of third parties, now situated or
which may be placed at the Crossing or adjacent thereto, and the loss of
or interference with any use or services thereof; and
(B) all loss and damage on account of injury to or death of any and all person
(including but not limited to employees, invitees and patrons of the
parties hereto) on the Crossing; and
(C) all claims and liability for such loss and damage and cost and expenses
thereof;
arising out of, resulting from, or connected in any manner with the construction,
reconstruction, maintenance, existence, use, condition, repair, change, relocation
or subsequent removal of said Crossing, any part thereof or appurtenant
M• W W VA Form 7422-1
Revised January 2001
Agreement No. WWVA-110305
structures, regardless of cause, even if occurring or resulting from the sole or
joint fault, failure or negligence of Railroad, including such loss, damage or
injury: (I) caused in whole or in part by the fault, failure or negligence of
Railroad; or (ii) caused in whole or in part by the fault, failure or negligence of
Licensee; or (iii) resulting from the creation of this license and additional hazards
that this Crossing imposes upon Railroad's operations.
14.3 For the purpose of these Liability and Indemnity provisions onl all persons,
including the employees of Railroad (flaggers, watchmen, etc.) and of Licensee,
or employees of any independent or subcontracting third parties engaged in any
construction or maintenance activities at the Crossing, in any of the work
described in this Agreement, shall be deemed to be the sole contractors of
Licensee while so engaged.
14.4 All obligations of Licensee under this Agreement to release, indemnify and hold
Railroad harmless shall also extend to companies and other legal entities that
control, are controlled by, are subsidiaries of, or are affiliated with Railroad, and
their respective officers, agents and employees.
14.5 Licensee shall promptly (within thirty (30) days) advise Railroad in writing, by
Certified Mail of any claims made against Licensee and/or Railroad under this
Agreement or from use of the Crossing.
15. INSURANCE:
15.1 Prior to commencement of any use of the Crossing, Licensee shall procure and
shall thereafter maintain during continuance of this Agreement, at its sole cost
and expense, Commercial General Liability (CGL)Insurance covering liability
assumed by Licensee under this Agreement naming Licensor as additional
insured and covering liability assumed by Licensee under this Agreement.
Coverage of not less than T11 EE MILLION DOLLARS ($3,000,000.00)
Combined Single Limit per occurrence, for bodily injury and property damage is
recommended as a prudent minimum to protect Licensee's assumed obligations
hereunder. The CGL policy shall be endorsed to provide for thirty (30) days
notice in writing to Railroad at the address above, prior to termination of or
change in the coverage provided.
15.2 If said CGL policy is written on a "Claims Made" basis rather than "per
occurrence" basis, Licensee shall arrange for adequate time for reporting losses.
Failure to arrange adequate reporting time shall be Licensee's sole risk.
15.3 Said Crossing shall not be opened for traffic until said CGL insurance coverage
is placed in effect. In the event said CGL insurance is cancelled, or is allowed to
lapse, Crossing shall be subject to immediate closure and removal by Railroad
upon notice to Licensee, all at Licensee's cost.
15.4 Railroad may, at any time request evidence of insurance purchased by Licensee to
comply with this Article and may demand that Licensee purchase insurance
deemed adequate by Railroad. Failure of Licensee to comply within thirty (30)
iWWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
days of Railroad's demand shall be an event of default subject to termination as
in Article 12.
15.5 Furnishing of insurance by Licensee shall not limit Licensee's liability under this
Agreement, but shall be additional security therefor.
15.6 Licensee may substitute their homeowners' insurance in lieu of the Commercial
General liability (CGL) Insurance as mentioned in Section 15.2 above.
16. BREACH, WAIVER:
16.1 Any waiver by either party at any time of its rights as to anything herein
contained shall not be construed as a permanent waiver of such covenant or
condition, or any subsequent breach thereof, unless such covenant or breach is
waived in writing by said party.
16.2 Neither the failure of Railroad to object to any work done, material used, or
method of construction or maintenance of said Crossing, nor any approval given
or supervision exercised by Railroad, shall be construed as an admission of
liability or responsibility by Railroad, or as a waiver by Railroad of any of the
obligations, liability and/or responsibility of Licensee.
17. NOTICE(S):
17.1 Before doing any work on Railroad's right-of-way, Licensee shall give Railroad
at least five (5) days written notice, except that in cases of emergency repairs
shorter notice may be given to Railroad.
17.2 All other notices and communications concerning this Agreement shall be
address to Licensee at the address above, and to Railroad at the address above, or
at such other address as either party may designate in writing to the other.
17.3 - Unless otherwise expressly stated herein, all such notices shall be in writing and
sent via Certified or Registered Mail, Return Receipt requested, or by courier,
and shall be effective upon (a) actual receipt or (b) addressee's refusal of
delivery.
18. TITLE:
18.1 Licensee shall not at any time own or claim any right, title or interest in or to
Railroad's property occupied by Licensee's Crossing, nor shall the exercise of
this Agreement for any length of time give rise to any title to said property, or
any right or interest in Licensee other than the license created hereby.
19. GENERAL PROVISIONS:
WWVA Form 7422-I
Revised January 2001
Agreement No. WWVA-110305
19.1 Neither this Agreement nor any provision hereof or agreement or provision
included herein by reference shall operate or be construed as being for the benefit
of any third person.
19.2 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and the successors and assigns of Railroad, and the heirs, legal
representatives, successors or assigns of Licensee, as the case may be, but, this
license is a personal privilege granted to Licensee and therefore no assignment
sublease or sublicense hereof or of any rights or obligations hereunder shall be
valid for any purpose without the prior written consent of Railroad.
19.3 This Agreement contains the entire understanding between the parties hereto, and
cannot be changed, altered, amended or modified, except by written instrument
subsequently executed by the parties hereto.
19.4 Neither the form nor any language of this Agreement shall be interpreted or
construed in favor of or against either party hereto.
19.5 This Agreement is executed under current interpretation of applicable Federal,
State, County, Municipal or other local statute, ordinance or law. Each separate
division (paragraph, clause, item, term, condition, covenant or agreement) herein
shall have independent and severable status from each other separate division for
the determination of legality, so that if any separate division is determined to be
void, voidable, invalid or unenforceable for any reason, such determination shall
have no effect upon the validity or enforceability of each other separate division
herein contained, or any other combination thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate,
each of which shall be evidence of this Agreement but which shall constitute but one
agreement, as of the day and year first above written.
Witness for Railroad:
Witne s for Licensee:
- - Win4iam
stern ailroad Company
By:
Nam. Light
Title: President
10
JRE WINCHESTER, LLC
By:
Name:
Title: P{�—S'
Tax Identification Number: 51-0457543
V
• • Em ill
C N`�jj[�iERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
August 10, 2006
Mr. Dave Falkenstein
Greenway Engineering
151 Wind), Hill Lane
Winchester, Virginia 22602
Re: First Review Comments for SP# 48-06; James River Equipment
Property Identification Numbers (PINS): 44-A-75D, 75E, 75C
Dear Dave:
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.
Review Comments:
i) Lot Consolidation. The three parcels that make up this site need to be consolidated before this
site plan can be approved.
2) Proffers. The proffers from the rezoning need to be listed in the site plan.
3) Proposed Use. Provide the proposed use for the site on the coversheet (sales and service of
heavy egUlpment, etc.).
4) Phases. Label Phase I and 11 of the development as indicated on the coversheet.
5) Buildinlz Size. The entire building is 30,129sf and only the office and showroom square footages
are accounted for (total 1 1,160sf). The proffers for the Adams property dictate a total square
footage for the entire site (555,000sf). The remaining 18,969sf of the James River building needs
to be accounted for.
6) LandscapinjZ Calculations. The landscaping calculations provided on the coversheet are
incorrect. The perimeter landscaping needs to be one tree per 2,000sf of impervious surface; this
includes asphalt and gravel areas. The interio►- landscaping needs to be a minimum of 5% of the
interior portions of the parking lot; these trees need to be included in parking lot islands.
7) Parkinij Calculations. The parking calculations shown on the coversheet do not account for the
numerous service bays depicted on sheet 5; tlu-ee spaces are required per bay.
8) Notes. Provide a note on the coversheet that states all outdoor lighting must be shielded fi-on
adjoining properties and road right-of-ways.
9) Adjoining Properties. As indicated on sheet iA, provide all adjoining properties.
10) Gravel Yard. The gravel yard is shown as being surrounded by a chain link fence. This gravel
yard will be used for storage and needs to be screened by a board -on -board fence or by a row of
staggered evergreen trees.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Mr. Mr. Dave Falkenstein
Greenway Engineering •
RE: Site Plan #'48-06
August 10, 2006
Page 2
1 1) Entrance Details. The two entrances onto Yardmaster Court for the site do not appear to meet
VDOT standards. Revise sheet 5 to reflect the detail shown on sheet 13.
12) Access Easement. The access easement that goes over the railroad tracks needs to be
granted/recorded prior to the site plan being approved.
13) Future Addition. The proposed addition needs to be shown complete and labeled Phase II so
that an additional site plan will not be required when the property owners choose to construct the
addition.
14) Curb and Gutter. The curb and gutter should be extended as indicated on sheet 5.
15) Building Breakup. The breakup of the building needs to be shown on sheet 5 (showroom,
office, service, etc.).
16) Proposed Outdoor Display. The area between the railroad and 1-81 is shown as outdoor display
on the site plan. The approved MDP states that this area can only be used for outdoor storage, not
for display fi•om I-81. The preservation of existing vegetation needs to be shown on this plan to
screen any items stored in this area from I-81.
17) Dumpster Location. A dumpster site needs to be provided for the site.
18) Landscaping Notes. On sheet 10, notes need to be provided that state (1) all planting shall
conform xvith §165-36B of the Frederick County Zoning Ordinance (Plant selection, planting
procedure, and maintenance), and (2) any plant substitutions must be approved in writing by the
Frederick County Planning Department.
19) Hedge Rows, The hedge rows shown on sheet 10 are not adequate for headlight screening (one
plant per parking space). The hedges need to be shown three to four feet apart.
20) Special Limited Power of Attorney Form. Please have the property owner sign the attached
Special Limited Power of Attorney Form prior to further review or approval. This form should
be notarized and completed to grant the applicant (you) with authorization to represent them for
this site plan.
After you have revised the site plan, please resubmit one copy 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 final administrative approval. Comment sheets are required from the following
agencies: the Frederick County Inspections Department, the Freclerick County Department of Public
ff'orks (Count), Engineer), the Frederick Counij, Fire Marshal, the Freclerick County Sanitation
Authority, and the Virginia Department of Transportation.
Sincer h-,
Candice E. Perkins
Planner II
cc: James River Equipment, P.O. Box 9414, Richmond VA 23228
CEP/bad
Attachments
•
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
►ril 27, 2005
;derick County Planning Department
Attn: Mark Cheran, Zoning Administrator
107 North Kent Street
Winchester, VA 22601
RE: Zoning Determination Letter Request
Dear Mark:
-•
APR 2 7 2005
The purpose of this letter is to request an official letter of zoning determination for a
proposed land use that is interested in locating within the Adams Commercial Center. As
you know, the Frederick County Board of Supervisors has approved a rezoning
application, which zoned this land B-3, Industrial Transition District, as well as approved
a Master Development Plan that set forth the permitted land uses and location of land
uses within the property.
Specifically, a zoning determination is requested to demonstrate that the James River
Equipment Company is authorized to construct a new facility within the B-3, Industrial
Transition District and within the land bay area designated as office, warehouse,
wholesale with accessory retail, building materials and lumber stores that is depicted on
the approved Master Development Plan for the Adams Commercial Center. The James
River Equipment Company sells construction machinery and equipment and provides
service to the construction machinery and equipment that is sold. Section 165-82C of
the Zoning Ordinance identifies wholesale trade businesses as allowed land uses within
the B-3, Industrial Transition District. The Standard Industrial Classification Manual
identifies SIC 508 Machinery, Equipment and Supplies as a land use within the
Wholesale Trade — Durable Goods category.
Please find attached the required application fee for the Zoning Determination Letter.
Please review this information and advise me if you need anything else at this time and I
will forward it to you immediately. I look forward to your response at your earliest
possible convenience.
Sincerely,
Evan W13 att, AICP
Greenway Engineering
Cc: Robert C. Adams, Adams Development Group, Inc.
File 113949/EAW
Engineers Surveyors
Telephone 5,10.662-4185 FAX 5,I0-722-9528
www.greenwayengxom
t
0
I
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
HAND DELIVERED
May 10, 2005
Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Zoning Determination
Property Identification Number (s) (PIN): 44-A-75
Zoning District: B-3 (Industrial Transition) Zoning District
Dear Mr. Wyatt:
This letter is in response to your correspondence dated April 27, 2005, to the Zoning Administrator requesting
a zoning determination on the above -referenced property. In the correspondence, you indicated that James
River Equipment Company would like to locate on this property. James River Equipment Company sells and
services heavy construction machinery and equipment. The Standard Industrial Classification Manual (SIC)
identifies this use as SIC 508-Machinery, Equipment and Supplies, which falls under wholesale trade business.
Therefore, the sale of heavy construction machinery and equipment is allowed in the B-3 (Industrial
Transition) Zoning District.
You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in
accordance with Section 15.2-231 1 of the Code of Virginia. This decision shall be final and unappealable if it
is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning
Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1)
of the Frederick County Zoning Ordinance. This provision requires the submission of an application form,
written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how
the appellant is an aggrieved party, any other information you may want to submit and a $300.00 filing fee.
Once the appeal application is
accepted, it will be scheduled for public hearing and decision before the BZA.
Contact me regarding any questions you may have at (540) 665-5651.
Sincerely,
at R. Cherai
Zoning Administrator
cc: Adams Development Group, HC 34 Box 30, Bloomery, WV 26817 (CERTIFIED)
MRC/bad
• 0
SITE PLAN APPLICATION
Department of Planning and Development Use Only.
Date application received �Application # j f'
❑ Complete Date of Acceptance
❑ Incomplete Date of return
1. ' Project Title:
2. Location of Property
(street address)
3. Property Owner:
Address:
Telephone
4. Applicant/Agent Address
Telephone
5. Designer:
Address:
Telephone:
Contact:
James River Equipment
Yardmaster Court off of Route 11
North, Stephenson, VA
James River Equipment
P.O. Box 9414
Richmond, VA 23228
804-798-6001
Greenway Engincerin�
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Dave Falkenstein
on
0
6. Is this an original or revised site plan?
7a. Total acreage of parcel to be developed:
7b. Total acreage of parcel:
8. Property Information:
a) Property Identification Number:
b) Current Zoning:
c) Present Use:
d) Proposed Use:
e) Adjoining Property Use(s)
f) Adjoining Property Identification Number(s)
g) Magisterial District(s)
Original ® Revised ❑
13.66
15.01
44-((A))-75D, 44-((A))-75E, 44-
((A))-75C
B3
Unimproved
Office, Warehouse, SWM Pond,
Outdoor Storage
Residential
44-A-76A, 44-A-76B. 44-A-76C,
44-A-76D 44-A-75A, 44-A-77, 44-
1 -D, 44-A-70, 44-A-71, 44-A-72,
44-A-73
Stonewall Magisterial District
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:
i
Date: lo,Z3 D
7
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 North Kent Street
Fourth 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: Greenway Engineering
Address: 151 Windy Hill Lane Winchester, Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location of property: Yardmaster Court off of Route 11 North, Stephenson, VA
Planning and Development's Comments:
Planning and Development use only
Date received Date revision received Date approved
Incomplete Incomplete
Date reviewed Date reviewed
Signature and Date
Signature and Date (revisi
16
• 1 Ut��
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540) 665-5643
Hand deliver to:
1.07 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5643
JUN 16 2006
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: Greenway Engineering
Address: 151 Windy Hill Lane, Winchester. Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location: Yardmaster Court off of Route 11 North, Stephenson, VA
Engineering Department's
c� Comments:
or-k— t
y�I/Ij _LL-e�Cf S-G ,/1 inc l„��r ✓iv`� l�'i�-t {lCPC��..i'
C��b»GvtC��-f— i'S !h iHi' ^ l('r' P C,2r.�{Lc'vzc Cd�i�/I�c•i7v�
fte 5,,11 I-e f 0aM
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (revision).
Date revision received
Incomplete
Date reviewed A
Date approved
11-3j496
V
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept.
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540) 665-5643
Hand deliver to:
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540)665-5643
J U N 1 4 2006
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: Greenway EngincerinQ
Address: 151 Windy Hill Lane, Winchester. Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location: Yardmaster Court off of Route 11 North, Stephenson, VA
Engineering Department's Comments: fan ��'�`'rl`' TO—
GtiT'. C✓ T 7C `r �h C' 7Z� �/C/�.e,�i r�J � CrP: rn �v� 2�, I � l � / � i' <�I (y�� l I �V^
� (� �'�'� C F SG, cr � ( i n C � ��%! f' L✓i �' � l�� � �'1 pC
C�J<nG�lt'�i4-i'5 ihiHi'^ t(/ePt' Cdr:7/M 1, z- Cd�'i�����•'7"t/
A; ee
Date received
Incomplete
Date reviewed
Signature and Date
Signature and Date (revisi
Date re%ision received Date approved
Incomplete �11-3jO6
Date reviewed Ili
go
Request For Site Plan Comments
Frederick County Engineering Department
Mail to:
Frederick County Engineering Dept.
Attn: Director of Engineering
107 North Kent Street
Winchester, VA 22601
(540) 665-5643
Hand deliver to:
1.07 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5643
JUN 1 4 2006
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: Greemvay Engineering
Address: 151 Windy Hill Lane Winchester, Virginia 22602
Phone Number: (540) 662-4185
Name of development and/or description of the request: James River Equipment
Location: Yardmaster Court off of Route 1 l North, Stephenson, VA
Engine1e7rCing Department's Comments: I—ey), ei'l ,7t4e t2-1QP,
bL'eD +4e 7-4e Wt--kI( 1�Y-
C-, 'PCy rn r2, Cdr. 214417L-�
Date received Date revision received Date approved
Incomplete Incomplete 6/13j06
Date reviewed Date reviewed
Signature and Date
Signature and Date (revision)
18
• i
.--� GREENWAY ENGINEERING
151 Windy Hill Lane J U L 1 7 2006
Founded in 1971 Winchester, Virginia 22602
i ! �
T R A N S M I T T ALL
Project Name: James River Equipment -Site Plan
File No: 3949 T
Date: July 17, 2006
To: FC Planning
Attn: Candice Perkins
Copied
From: Dave Falkenstein/dlm
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Delivery: r Fed Ex ❑ U.S. Mail F1 Courier ❑ Pick Up
❑ Other
❑ Urgent rv7 For Your Review [F As You Requested ❑ Please Comment
Message
Candice,
Attached is the following for the above project for your review:
-2 copies of the site plans
-Site plan application
-Application fee checks for $3,366,00 ($2,700 and $666)
-Planning comment sheet
Thank you for your assistance. Call with any questions.
Hand Delivery and Pick Ups Only:
Received by: Date:
Please Print Name:
i
Document Approval Form
J U L 1 7 2006
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF TgIS DOCUMENT DOES NOT MEET YO UR APPR O YAL PLEASE PROVIDE
COMMENTSAS TO WHAT YOU W0VLD 1r, TO SAVE COMPLETED,
EWTULS DATE & TIME
�Ca.ndice
Bernie
Mark.
Saran
Eric
&'.Dike
Kevin
John
COMMENTS:
Received by Clerical Staff (Date & Tim,): �� �Jo