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HomeMy WebLinkAbout35-18 Route 37 Storage - PIN 75-A-5 & 75-A-7 - Back Creek - BackfileComment Sheets: GIS Frederick Water Inspections Public Works Parks & Rec Health Dept. V SETS PLAN TRACKING SHEET VDOT Winchester _ Stephens City Middletown _ Airport Fire / One copy of Site Plan application form Payment of site plan review fee One reproducible copy of Site Plan OPEN FILE: .� 0.. s/ File Opened Reference Manual updated/number assigned 1 D-base updated �l l o l Scan documents to Planning S: drive Application action Summary updated Scan additional items as needed (Project Planner to direct) CLOSE FILE: ' i / % Approved (or denied) letter mailed to applicant/copy to file and cc's ("Oil 01 File stamped "approved", "denied" or "withdrawn" I' Reference Manual updated D-base updated Scanning updated Application Action Summary updated Sys ID # DATE - RECEIVED ,., FROM 11C RECEIPT 437301 ADDRESS 0 W Lp 0) v CJ r r � of of i CIN �puscvrl f Lcnp hlu�Clrec� +�r�h1 C�c►�o�LARS `'c� FOR Si ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT 40 O CHECK PAID BALANCE MONEY DUE ORDER 0 ©2001 R®IFORM® S1657N-CL Please note: The site plans associated with this file are located in the file room. COUNTY of FREDERICK 121 Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 16, 2019 David Frank Pennoni Associates Inc. 117 East Piccadilly Street Winchester, VA 22601 Re: Approval for Site Plan #35-18, Route 37 Storage Property Identification Number (PIN): 75-A-5 Dear Mr. Frank: The above -referenced site plan was approved on January 16, 2019. The site plan is approved for 29,100 square feet (SF) of mini -warehouse self -storage including three (3) buildings, 23 parking spaces, site lighting and landscaping/screening in the B2 (General Business) Zoning District in the Back Creek Magisterial District. All requirements of the Frederick County Zoning Ordinance have been met in the approved site plan, including review agency comments from all relevant review agencies. I aim providing you with three (3) 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. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd Attachments cc: Gary A. Lofton, Back Creek Magisterial District J. Rhodes Marston & Greg L. Unger, Back Creek Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Route 37 Self -Storage, LLC, 3862 Valley Pike, Winchester, VA 22602 Fire Marshall (email) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 16, 2019 David Frank Pennoni Associates Inc. 117 East Piccadilly Street Winchester, VA 22601 Re: Approval for Site Plan #35-18, Route 37 Storage Property Identification Number (PIN): 75-A-5 Dear Mr. Frank: The above -referenced site plan was approved on January 16, 2019. The site plan is approved for 29,100 square feet (SF) of mini -warehouse self -storage including three (3) buildings, 23 parking spaces, site lighting and landscaping/screening in the B2 (General Business) Zoning District in the Back Creek Magisterial District. All requirements of the Frederick County Zoning Ordinance have been met in the approved site plan, including review agency comments from all relevant review agencies. I am providing you with three (3) 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. Sincerely, f M. Tyler Klein, AICP Senior Planner MTK/pd Attachments cc: Gary A. Lofton, Back Creek Magisterial District J. Rhodes Marston & Greg L. Unger, Back Creek Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Route 37 Self -Storage, LLC, 3862 Valley Pike, Winchester, VA 22602 Fire Marshall (email) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter To: Gary Lofton; Rhodes Marston; Greg Unger Subject: Site Plan Approval Attachments: Approval Ltr - SP#35-18 oute 37 Self-Storage.docx Good afternoon, Please find attached a letter from Mr. Klein approving the site plan for Route 37 Storage which is in your magisterial district. If you have any questions, please contact Mr. Klein. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: Rhodes Marston Sent: Wednesday, January 16, 2019 3:40 PM Subject: Relayed: Site Plan Approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Rhodes Marston (jrmmarston(@amail.com) Subject: Site Plan Approval Pam Deeter From: Microsoft Outlook To: Greg Unger Sent: Wednesday, January 16, 2019 3:40 PM Subject: Relayed: Site Plan Approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Greg Unger (greglunger(&yahoo.com) Subject: Site Plan Approval Pam Deeter From: Microsoft Outlook To: Gary Lofton Sent: Wednesday, January 16, 2019 3:40 PM Subject: Delivered: Site Plan Approval Your message has been delivered to the following recipients: Gary Lofton (glofton@fcva.us) Subject: Site Plan Approval • 6 Pam Deeter From: Microsoft Outlook To: kscott@fcva.us Sent: Wednesday, January 16, 2019 3:42 PM Subject: Delivered: Site Plan Approval Your message has been delivered to the following recipients: kscottC&fcva.us Subject: Site Plan Approval RECE A&ED REQUEST FOR SITE Pt COMMENTS SEP 0 018 o Frederick County Insl Department Comment Mail to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Phone: (540) 665-5650 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Plasmas two t2) woka of the Site Plan with.this,s>eet Applicant's Name: Pennoni Associates Inc./David Frank Telephone: 540-771-2087 Email Address: dfrank@pennoni.com Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 Name of development and description of the request: Route 37 Storaee Location of Property: Approximately 1,045 ft. from Rt. 11/Kavanaugh Drive Intersection Inspections Department Comments: -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLI Date Received 91G. /F Review Number�2 3 4 5 (circle one) Date Reviewed /D/4/1d Revision Required fV6— Date pproved �{-� Signature &Date: � /U i ** Please Return Form to Applicant** 1 18 Buildings shall comply with The Virginia Uniform Statewide Building Code Sections 311, S Storage and Section 304, B-Business Use Groups of the Virginia Building Code/2015. Other Code that applies is ICC Al 17.1-3-09 Accessible and Usable Buildings and Facilities and Virginia Energy Code 2015. Proposed self -storage facility shall meet height and area requirements of T503 with allowable increases. Separation distance of building shall comply with T601/602. Two story building shall be provided with a sprinkler system as noted on the plans. Office area shall be located on an accessible route as required per ANSI Al 17.1-09. Plumbing fixtures shall meet T2901 for areas open to the public. Less than 200 units on site requires a minimum of 5% of all units to be accessible. Total self - storage units exceeding 200 units shall provide 10% for the first 200, then an additional 2% of the total amount of units over 200. All required egress shall be accessible. Accessible routes passing into or over vehicular pathways shall be striped. Walkways shall maintain a 1:20 slope. Door threshold shall not exceed'/Z". All structural plans submitted for permit application shall be sealed by a VA Design Professional Special inspection requirements of Chapter 17 of IBC shall apply to this type of structure. (soils, concrete, steel etc.) s:\site plan comments\2015\storage, rt 37 self storage.doc i -f David Frank From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Thursday, January 10, 2019 8:46 AM To: David Frank Cc: Matthew Smith; Rhonda Funkhouser; Tyler Klein; Sara Siver; deanajohnson@vdot.virginia.gov Subject: Rte. 37 Self Storage Site Plan Approval fi "1 j ,+L �-1.;�� �.t ;T £.4—•.I�" 'I'` +!' 'a. i e (`1'�.. r a 4 DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 David, A VDOT review has been conducted for the Rte. 37 Self Storage Site Plan signature dated December 17, 2018. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is approved by our office. Please ensure that all applicable agencies have the most recent set of approved Drawings. We offer the following general comments: Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. A preconstruction conference shall be held by the engineer and/or the developer with the attendance of the contractor, various County agencies, utility companies, and VDOT prior to initiation of work. All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. Any construction relatewanges to the approved plan must9ne through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. A Land Use Permit shall be obtained before any work is performed on the State's right-of- way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 • REQUEST FOR SITE PLAN COMMENTS Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 Frederick Water Comment Hand deliver to: Frederick Water 315 Tasker Road Stephens City, Virginia 22655 Phone: (540) 868-1061 Applicant: It is your responsibility to complete this form 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: Pennoni Associates Inc./David Frank Telephone: 540-771-2087 Email Address: dfrank@pennoni.com Mailing Address: 117E Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and description of the request: Route 37 Storage Location of Property: Approximately 1,045 ft. from Rt. 11/Kavanaugh Drive Intersection Frederick Water: Date Received _ Date Reviewed _ Revision Required Signature & Date: W r -FREDERICK WATER AUTHORITY USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 34 is �r Winch pester--� P11blic Services Rouss City Hall 15 North Cameron Street Winchester, VA 22601 Telephone: (540) 974-2900 Fax: (540) 662-3351 PUBLIC SERVICES UTILITY COMMENTS Nghi Dam Utility Engineer Date: January 3rd, 2018 Project Name: Route 37 Self Storage Expansion Address: 3862 Valley Pike, Winchester VA, 22602 Comment. 1. No comment 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 January 14, 2019 Mr. David Frank Pennoni Associates, Inc. 117 East Piccadilly Street Suite 200 Winchester, Virginia 22601 RE: Revised Site Plan Comments — Route 37 Self Storage Dear Mr. Frank: Upon review of the revised site plan dated November 14, 2018, we recommend approval of the subject plan. _ f Joseph W. Johnson, P.E. Civil Engineer JCW/kco cc: Planning and Development file Sincerely, Joe C. Wilder Director of Public Works 107 North Kent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 • • Frederick Coun& Deizartnzent of Fire and Rescue Office of the Fire Marshal 1080 Coversrone Drive fi7nehcster, {`A 22602 (540) 665-6350 Fax: (540) 678-4739 f 111ai1: fin& afrva. us Plan Review & Comments Date Received 11 /20/2018 Plan/Permit Type Name Route 37 Storage Address Kavanaugh DR Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access Hydrant Location - Siamese Location: Fire Lanes Required: Plan Approval Status Site Plan Rev. #1 11-20-18 Winchester Self Storage Expansion Pennoni Associates 540-067-2139 Adequate Inadequate N/A Adequate Inadequate N/A Adequate Inadequate NIA Yes No N/A Approve Comments Areas hi -lighted iii orange shall have a No Parking Fire Lane sign installed, Areas hi -lighted in yellow shall be striped In yellow Signature;._ Reviewed By: Kenneth Scott, Jr. _ J Title:s/� Date Reviewed 1211112018 VA 22602 0 190OU00 • Consolidation of Two Parcels Route 37 Self Storage, L.L.C. TM #75-A-5 Inst. #190000415 —Parcel One _ TM #75-A-7 Inst. #180000415 —Parcel Two CD November 27, 2018 Back Creek District, Frederick County, Virginia _j Vicinity Map 1 "=1000' Site 10 WRVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby consolidated is in the name of Route 37 Self Storage, L.L.C. and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the bo /daries of Oc original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple ownes hereby certifies that the land herein consolidated is all of the property conveyed to Route 37 Self Storage, L.L.C. by deed dated January 16, 2018 and recorded in Instrument #180000415. Said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia This Consolidation as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Freder County, it ia. cpresentative for Route 37 Self Storage, L.L.C. NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OF F2ED_ R1 C k to -wit: The foregoing owners consent and dedication was acknowledged before me by L A,, j;4I I R C R C `��..P$th L flyY1,, this I d day of EC CM (��Z 20 1$. 1 yp My commission expires 3 � � I � � Oda— ti G` ;:=O1 758"93 O dW93 - No ii Public U = -'s COMMISSION E a = ;? EXPIRES 4e 3/31/202202 rQv� CERTIFICATE OF APPROVAL This Consolidation is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date '� Subdivision Administrator 0 Notes 1 Bounaary shown hereon was provicec by Marsh & Legge Land Surveryors, PLC. 2 This plot is subject to easements and restrictions of record. 3 No title report furnished. —tt 4 Ali properties zoned B2, unless noted otherwise. 5 35' Front Setbacks ore shown hereon. Rear and side yard setbacks are not applicable in the B2 district. N 79'02'23" E r / 50.12' p Rebor � � Set fi. b / Set �O Reba s 17 ,��,• \et 56.E , ° Route 37 By -Pass ,� Variable Width R/W Concrete 1.7540 Ac. TM 75—A Monument � � Tot Ac. y // Rebor Set / Sg 45 I / TM #75-A-6 rJ5 56R Properties LLC Inst. ##11001H60 AREA TABULATION EXISTING: TM #75—A-5 1.7540 AC TM #75-A-7 0.7591 AC. PROPOSED: TM #75-A-5 2.5131 AC, Final, Plat Consolidation of Two Parcels Back Creek District, Frederick County, Virginia Scale; 1" =100' Date: November 26, 2018 Present Owner: Route 37 Self Storage, L.L.C. TM #75-A-5 Inst. #180000415 N Parcel One TM #75-A-7 Inst. #180000415 - Parcel Two Project #R7.3718001 S 24'59'10" E 131.08' Concrete Monument MICHAEL M. ARTZ r Lic. No. 1513—B It�J �il SupF'{y PREPARED BY. PENNONI ASSOCIATES INC. 117 East Piccadilly Penno Winchester, VA 2260eet T 540.667.2139 F 540.665.0493 0 0 .o vlxtiIN1A. FKZ-DERICK CUUNTY.SCT. This instrument of writing was produced to the on i— �3-19 at 1.0 and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ '�, and 58.1-801 have been paid, if assessable. 0 STORAGE UNIT LEASE D K NFT_ 0 S iA Im ROUTE 37 SELF STORAGE, LLC 39} 2 Valley Pike Access Code Winchester, VA 22602 540-869-9700 email: r437stor a shenichuct AUTO CREDIT CARD AUTHORIZATION GATE HOURS: Open 7 days a week 6 a.m. —10 p.m. After hours — 540 247-3715 UNIT # Monthly Rate Unit Size Office Hours: Monday —Friday 8:30 a.m: 5:30 p.m. Saturday 9 a.m. —1 p.m. Sunday & off hours —by appointment CLOSED ALL MAJOR HOLIDAYS ADDRESS CITY STATE ZIP DRIVERS LICENSE # INSURANCE PROVIDER TELEPHONE.#.Residence: Business: -E-mail: EMPLOYER/OCCUPA`FION ADDRESS: - TRANSACTION DATE ANNIVERSARY DUE DATE of every month TYPE OF GOODS MONTHLY RENTAL FEE EMERGENCY CONTACT PHONE NUMBER ADDRESS CITY :STATI: 231' CHARGES: OTHERS AUTHORIZED TO ENTER Rental Fee S HOW DID YOU HEAR ABOUT US? Yellow Pages Internet Referral _Drive -by Security Deposit S RETURN Customer **BILLS WILL NOT BE SENT —IT IS YOUR RESPONSIBILITY TO REMEMBER Lock/Other 3 YOUR MONTHLY ANNIVERSARY DUE DATE ** 1 Month term Minimum then month to month. Pro rate out when vacated 10 days from due date If vacated after 10 days from due date then considered a full month- NO PRO RATE AVAILABLE. TOTAL DUE S WELCOME TO ROUTE 37 SELF STORAGE, LLC. THANK YOU FOR ALLOWING US TO HELP YOU WITH YOUR STORAGE NEEDS. RULES, REGULATIONS AND PROCEDURES — PLEASE READ CAREFULLY 1. User is required to notify Owner in writing of any change of address and/or telephone number. (Initials) 2. Users must provide their own locks and may place only one lock on Unit. 3. We recommend that you purchase insurance on the contents of your Unit. ROUTE 37 SELF STORAGE, LLC IS NOT LIABLE FOR ANY LOSS OR DAMAGE TO YOUR ITEMS WHILE STORED AT THIS FACILITY. (Initials) 4. Please drive slowly and refrain from making a complete turn between buildings. Please do not block passage of other vehicles. DRIVER IS RESPONSIBLE FOR ANY DAMAGE TO BUILDINGS CAUSED BY HIS/HER VEHICLE. 5. (a) Children may not run or play on the facility grounds. Moving trucks provide a serious hazard. (b) Please keep pets inside your vehicle. We use PEST CONTROL that can be harmful to their health. 6. No drugs or alcohol allowed on premises. 7. Automobiles, tractors, motorcycles, boats, and other vehicles or conveyances should be stored with their gas tanks drained of fuel. Plastic drop cloths or other suitable protective coverings should be placed under vehicles for purpose of catching oil and grease spills. If You leave spills on the floor of your unit you will be subject to forfeiture of your deposit. 8. NO FLAMMABLES, HAZARDOUS WASTE, ILLEGAL SUBSTANCES, OR FOOD ITEMS (INCLUDING PET FOOD) may be stored in this facility. 9. Please use the trash cans. Flatten or crush empty boxes or cartons. 10. Please notify us prior to vacating-2 weeks notice if possible. Units are to be empty of all items, swept out and in undamaged condition at check out time before deposit can be refunded. Owner is not engaged in the business of storing goods for hire nor the warehouse business, but is just an Owner providing a Unit for hire. TENAN9' NIr�NAGER THANK YOU FOR YOUR BUSINESS!! Lock Removal Fee if key is lost - $20.00 for padlocks/$25.00 for Disc locks "PLEASE PUT UNIT NUMBER ON ALL CHECKS" STORAGE UNIT RE, NTAL Robte 37 Self Storage, LLC located at 3862 Valley Pike, Winchester, VA (Owner) hereby grants to the tenant (User) named on page one (1) of this Agreement, and the User hires from the Owner the use of the premises (Unit) described on page one (1) of this Agreement for a month -to -month tenancy, on tine following conditions as herein stated. 1. ACCESS. User must place a lock on the access to the Unit. User has access to the Unit during posted hours. Owner will not be responsible for acts of User, or other persons entering premises under User's authorization. 2. RENTAL AND LATE FEES. All rental fees are due on the anniversary date of each month. If payment is not paid within 5 days of Anniversary date Unit will be overlooked and your access code programmed out. $10.00 charge to remove overlock. The following late fees are recurring and will be applied each month. ree sehedtile: SxS Sx10,.71x`YO; 5x15: 7'/:z15,111xI0 Units: YCIz15;.YDx20:A0x30 Units.'. $10.00 - 6 days late- overlock $10.00 - 6 days late - overlock $10.00 -15 days late $20.00 -15 days late $15.00 - 30 days late $20.00-30 days late $50,00 - Inventory/preparation for sale $75.00 - Inventory/preparation for sale Returned check fee of $25.00. These charges will be applied to each delinquent Unit regardless of number of Units User has. LATE FEES MUST BE PAID IN CASH OR BY MONEY ORDER. NO CHECKS. NOTICES -Notices shall be in writing, and shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mail postage prepaid, addressed as described herein or at any new address provided in writing to the Owner subsequent to the execution of this Agreement. 3. DEFAULT, OWNER'S REMEDIES AND LIENS. If any fee or charge shall be due and unpaid or if the User shall fail to perform any of the covenants, conditions or terms of this agreement, User shall be deemed in default in the performance of this Agreement. In addition to such liens and remedies provided by law to secure and collect fees, and cumulative therewith, Owner is hereby given a lien upon a User's Property, now or at any time hereafter stored on premises, to secure the timely performance of this Agreement by User and to secure the payment of all fees, charges and cost incident to User default. In case of default by User, Owner, at its option may (a) terminate this Agreement, or (b) re-enter, seize and/or take possession of said property for arrears of fees or breach of covenant or by reason of abandonment, without being deemed guilty of any manner of trespassing or conversion, and without prejudice to any remedies of Owner. At the time of such seizure the Owner shall give notice in writing by regular mail or electronic means thereof to User at the address of User indicated on this Agreement or at such address as User shall herenfter designate in writing to Owner. At any time after Twenty (20) days from the date of giving such notice, the Owner may sell said property at public or private sale. In the event proceeds of the sale are greater than necessary to pay his/her lien, including accrued and unpaid fees, charges, appraisal, moving, storage, and expenses of collection, re-entry and sale, the balance shall be paid to User at the address described above. (Notwithstanding anything to the contrary herein) User expressly grants the right of disposition, disposal and destruction of any personal property including, but not limited to all papers, pictures and documents. Y HAVE READ AND AGREE TO THE ABOVE LIEN CLAUSE, (Initials) 4. USE AND COMPLIANCE WITH LAW. The storage Unit shall be used for no unlawful purposes and will be kept in good condition. No property shall be stored in the Unit unless User has the right to have property in his/her possession. 5. PROHIBITIONS. User will not: (a) do any painting or decorating in the Unit or mark, cut or drill into, drive nails or screws into, or ill any way deface any part of the Unit or premises without the written consent of Owner; (b) Make installations, alterations or additions to the premises; (c) Assign this Agreement; (d) Erect signs or other advertising material. The storage of welding equipment, generators or ilammables, explos(ve, or other inherently dangerous material is - prohibited. User shall not store in the Unit any items which shall be in violation of any order of requirement imposed by the Board of Health, Sanitary and Police Departments or other appropriate governmental bodies or do any act or cause to be done any act which creates or may create a nuisance in or upon the premises during the term of this Agreement or any renewal or extention thereof. User agrees to abide by the Tenant Procedures and other rules and regulations published by (lie Owner now in effect or that may be put into effect from time to time as though they were an express condition of this Agreement. User hereby acknowledges receipt of a list of such current rules and procedures. (Initials) Owner agrees to supply written copies of any changes to such rules and procedures as they occur. 6. INSPECTION. Owner shall have the right, in event of emergency, or in compliance with Legal Authorities for the purpose of making inspections, repairs, or alterations, to enter the Unit, using whatever reasonable force as is necessary and without notice to the User. 7. NON -LIABILITY OF OWNER AND PERSONAL PROPERTY INSURANCE. (Initials) AS EVIDENCED BY INITIALIZING THIS PARAGRAPH IN THE SPACE PROVIDED, USER ACKNOWLEDGES HE/SHE UNDERSTANDS THAT OWNER HAS NO INSURANCE COVERING USER'S PERSONAL PROPERTY, ANY SUCH INSURANCE BEING THE RESPONSIBILITY OF THE USER. Owner shall not be liable for personal injuries or properly damage, or loss from theft, vandalism, fire, water, hurricane, rain, explosion, or any other causes whatsoever. Owner shall not be liable to User or User's invitees, family, employees, agents, or servants for any personal injuries or damage to personal property caused by any act of negligence of any other person on said premises. User hereby agrees to indemnify and hold harmless the Owner from and against any and all claims for damages to property or personal injury and costs including attorney's fees arising from User's use of the premises. User must take whatever steps are necessary to safeguard the contents of the Unit. 8. CHANGE OF TERMS. All terms of this Agreement, charges and conditions of occupancy are SUBJECT TO CHANGE upon THIRTY (30) days prior written notice to User. If changed, the User may terminate this Agreement on the effective date of the change. If User does not elect to terminate this Agreement, the change shall become effective and apply to this Agreement. 9. ENTIRE AGREEMENT CLAUSE. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or written or oral Agreements between the parties respecting the within subject matter. 10. ATTORNEY'S FEES. If legal action shall be brought by Owner for any breach of this Agreement, User shall pay to the Owner all costs, expense and attorney's Fees incurred by the Owner in such action. 11. GOVERNING LAW. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Virginia. 12. SUCCESSORS IN INTEREST. All conditions and provisions of this Agreement shall be binding upon and insure to the benefit of, and be enforceable by and against the respective heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 13. INVALIDITY OF THIS AGREEMENT. If any provision of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be effected thereby. USE R'S.SIGNATURE' -----__ -- DATE- 0 0 Tyler Klein From: Tyler Klein Sent: Tuesday, November 20, 2018 11:48 AM To: 'David Frank' Subject: SP #35-18 - Route 37 Self -Storage; additional comments David, Planning & Development staff has reviewed the resubmission dated 11-14-18. The majority of the comments have been addressed; staff notes the following comments are still outstanding. • Comment # 2: Subdivision — staff acknowledges the recorded plat is forthcoming. • Comment # 3: Setbacks The "Right Yard" setback from Route 37 is technically a "Front Yard — Route 37" and the setback is 50-feet, this should be updated. Staff acknowledges the provided setback (70.75) is acceptable. • Comment # 3: Lease Agreement — staff acknowledges the draft lease agreement for the self -storage facility is forthcoming. • Comment # 4: Outdoor Storage — staff acknowledges the note is acceptable; however, the number of parking spaces provided appears high compared to other recently approved self -storage facilities. Given the property is proposed to be screened from view with a 6-goot tall board -on -board fence, using some of the parking spaces for vehicles storage, etc. would be allowed within the requirement of the Zoning Ordinance. If the owner intends to allow storage of vehicles, "General Notes" # 5 on Sheet 2 and the "Note" on Sheet 8 could be amended to specify storage is part of the proposal, and label the outdoor storage spaces separate from the required customer parking (3 at the office, plus 1 per employee). • Comment # 7: Agency Approvals — staff acknowledges review agency comment letters are forthcoming from: VDOT, Frederick Water, the Fire Marshal, Building Inspections, and the County Engineer (Public Works). Once the above comments are addressed and review agency comments incorporated/approved, please provide at least five (5) hard copies for approval by the Zoning Administrator, plus a digital (PDF) copy on a disk for the project file. Should you have any additional questions, please get in touch with staff directly. Thank you and Happy Thanksgiving! M. Tyler Klein, AICP Senior Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 tklein@fcva.us Mr. Tyler Klein Frederick County Planning 107 North Kent Street Winchester, VA 22601 RE: Route 37 Storage Facility Site Plan #35-18 Dear Tyler, • 117 East Piccadilly Street Winchester, VA 22601 P �i / (� T: 540-667-2139 Hi Ll ,�J I `_ F: 540-665-0493 �www.pennoni.com NOV 19 2018 «; November 19, 2018 PI n. al�• A!7d? jlcrl,r- . -61t' We have received your comments dated September 11, 2018 and have revised the plans accordingly. Our specific responses are as follows: 1) Comment: Site Plan Reference. Add the site plan number, SP #35-18 to the cover sheet. Response: We have added the site plan number to the cover sheet. 2) Comment: Subdivision. If the parcel line between PIN #'s 75-A-5 & 75-A-7 is to be vacated, as noted on Sheet 3, the plat for the new lot needs to be approved and recorded prior to final site plan approval, and the new PIN # included on the plan set. The site plan would show the new lot layout, and copies of the recorded plats should be submitted for the project file. Response: We are in the process of finalizing and recording the plat of consolidation for the two parcels. We have chosen to describe the property in the zoning tabulations on sheet 2 as a single parcel (Tax Map 75-A-5). We will forward the recorded plats for your file when they have been placed on record. 3) Site Development Summary. The following revisions should be made to Sheet 2: • Comment: Address. Provide the street name/address — Kavanaugh Drive. Ensure the street name "Kavanaugh Drive" is spelled correctly throughout the plan set. Response: We have added the street name to the site development summary. Please see sheet 2. We have also corrected the spelling of Kavanaugh Drive throughout the plan. • Comment: Setbacks. Specify the provided front, side and rear setbacks. Response: We have provided the proposed front, side, and rear setbacks. Please see sheets 2 & 8. • Comment: Buildings. Specify the total number of self -storage units being proposed. Response: We have specified the total building square footages for the project. At this time, we do not have the final interior architectural design to determine the total storage units that this facility will have (see sheet 2). • Comment: Floor Area Ratio. Provide the floor area ratio (FAR) calculations for the site. The maximum FAR for the B2 Zoning District is 1.0. Response: We have provided the floor area ratio (FAR) calculations for the site. Please see sheet 2. • Comment: Sign Data. Specify the permitted sign area. For signs on properties fronting on local streets, the maximum sign area is 50 square feet (SF) and the maximum sign height allowed is 12-feet (FT). Building mounted signage may be up to 20% of the wall area, not to exceed 200 SF. Mr. Tyler Klein November 19, 2018 Page 2 Frederick County Planning • • Route 37 Storage Facility Response: We have specified the permitted sign area. Please see sheet 2. • Comment: General Notes. Add a note specifying the self -storage facility will be in conformance with Frederick County Zoning Ordinance §165-204.18. Response: we have added note #4 that states "The self -storage facility will be in conformance with Frederick county zoning ordinance §165-204.18." Please see sheet 2. Comment: Lease Agreement. Provide a copy of the self -storage facility lease agreement for the project file per §165-201.18(G). Response: We are providing a copy of the lease agreement under separate cover. The lease agreement should be accompanying the record plat noted in comment #2. 4) Comment: Outdoor Storage Area. Specify if recreational vehicles (RV's), boats, and/or other vehicles will be stored as part of the self -storage facility operations; if not add a note to this effect on site plan sheets. If so, label the designate outdoor storage areas. Outdoor storage should be separate from drive aisles and parking areas and screened from view from adjoining properties and roadways. Response: We have added a note to the plan stating, "Recreational vehicles, boats, and/or other vehicles will not be stores as part of the self -storage facility operations." Please see sheets 2, 8 & 9. 5) Comment: Landscaping & Screening. On Sheet 19, remove the note to the waiver allowed under §165- 203.02(D)(5) (Zoning District Buffers) as this does not apply to the additional screening requirements for self -storage facilities set forth in §165-204.18. Response: We have removed the note to the waiver allowed under §165-203.02(D)(5) (Zoning District Buffers) from sheet 19. As specified in §165-204.18, facilities located in the B2 (General Business) district shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight feet off center and are a minimum of six feet in height when planted. A six (6) foot (FT) tall opaque wall or fence may substitute for required landscaped areas in all zoning districts. Staff acknowledges the screening depicted along the west and north property line is correct. Provide details of the proposed 6-FT security fence. If the Applicant intends to use the security fence to fulfill the above landscaping requirement for the east and south property lines, the fence should be opaque; a chain link fence with slats if not permitted. Response: We have provided a detail for a 6' board on board security fence that will fulfil the above landscaping requirements and have updated the landscape plan accordingly. Please see sheet 23. In parking areas, a 36-inch tall evergreen hedge, wall, or berm is required to shield headlight glare form adjacent properties. If the Applicant intends to use a berm, verify a minimum of 36-inches in height is provided along the parking spaces facing Kavanaugh Drive. Staff notes the existing berm shown does not appear to fully screen the parking area from the cul-de-sac on Kavanaugh Drive, see Staff mark up on Sheet 19. Response: We have modified the plans to install a 6' foot board on board security fence between the parking area and the cul-de-sac on Kavanaugh Drive. This should satisfy the screening requirement. Please see sheet 18. 6) Comment: Surface Materials. All parking areas, travel aisles, and maneuvering areas associated with the self -storage facility operations shall be paved with asphalt, concrete, or similar materials to provide a durable hard surface (§165-204.18(B)). Kavanaugh Drive between the existing end -of -pavement and the Mr. Tyler Klein November 19, 2018 Page 3 Frederick County Planning • • Route 37 Storage Facility commercial entrance should also be an asphalt surface as the motor vehicle access to the subject properties. Response: All parking areas, travel aisles, and maneuvering areas associated with the self -storage facility operations are proposed to be paved with asphalt as required by (§165-204.18(B)). Kavanaugh Drive between the existing end -of -pavement and the commercial entrance is an existing public roadway and is not within the property boundary of the proposed self -storage facility. We will address any comments from VDOT regarding improvements within their right-of-way and will obtain approval from VDOT as required for final Site Plan approval. 7) Comment: Agency Approvals. Comment sheets (approvals) are required from the following agencies: Building Inspections, the County Engineer (Public Works), the Fire Marshal, the Virginia Department of Transportation (VDOT), and Frederick Water. Response: Understood. We will forward agency approvals under separate cover when received. One set of revised plans is enclosed. Please let me know if you have any questions. Sincerely, PENNONI ASSOCIATES INC. David Frank, 7L_�4 • 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 11, 2018 David Frank Pennoni Associates Inc. 117 East Piccadilly Street Winchester, VA 22601 Re: Review Comments for Site Plan #35-18 Route 37 Storage Facility Property Identification Number (PIN): 75-A-5 & 75-A-7 Dear Mr. Frank: 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 cannot be approved until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staff s comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) Site Plan Reference. Add the site plan number, SP #35-18 to the cover sheet 2) Subdivision. If the parcel line between PIN Ws 75-A-5 & 75-A-7 is to be vacated, as noted on Sheet 3, the plat for the new lot needs to be approved and recorded prior to final site plan approval, and the new PIN # included on the plan set. The site plan should show the new lot layout, and copies of the recorded plats should be submitted for the project file. 3) Site Development Summary. The following revisions should be made to Sheet 2: • Address. Provide the street name/address — Kavanaugh Drive. Ensure the street name "Kavanaugh Drive" is spelled correctly throughout the plan set. • Setbacks. Specify the provided fiont, side and rear setbacks. • Buildings. Specify the total number of self -storage units being proposed. • Floor Area Ratio. Provide the floor area ratio (FAR) calculations for the site. The maximum FAR for the B2 Zoning District is 1.0. • Sign Data. Specify the perinitted sign area. For signs.on properties fi•onting on local streets, the maximum sign area is 50 square feet (SF) and the 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r • Review Comments — SP #35-18, Route 37 Storage September 11, 2018 Page 2 maximum sign height allowed is 12-feet (FT). Building mounted signage may be up to 20% of the wall area, not to exceed 200 SF. • General Notes. Add a note specifying the self -storage facility will be in conformance with Frederick County Zoning Ordinance § 165-204.18. • Lease Agreement. Provide a copy of the self -storage facility lease agreement for the project file per §165-201.18(G). 4) Outdoor Storalle Area. Specify if recreational vehicles (RV's), boats, and/or other vehicles will be stored as part of the self -storage facility operations; if not add a note to this effect on site plan sheets. If so, label the designate outdoor storage areas. Outdoor storage should be separate from drive aisles and parking areas and screened from view from adjoining properties and roadways. 5) Landscaping & Screening. On Sheet 19, remove the note to the waiver allowed under § 165-203.02(D)(5) (Zoning District Buffers) as this does not apply to the additional screening requirements for self -storage facilities set forth in § 165- 204.18. As specified in § 165-204.18, facilities located in the B2 (General Business) District shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight feet off center and are a minimum of six feet in height when planted. A six (6) foot (FT) tall opaque wall or fence may substitute for required landscaped areas in all zoning districts. Staff acknowledges the screening depicted along the west and north property line is correct. Provide details of the proposed 6-FT security fence. If the Applicant intends to use the security fence to fulfill the above landscaping requirement for the east and south property lines, the fence should be opaque; a chain link fence with slats is not permitted. In parking areas, a 36-inch tall evergreen hedge, wall, or berm is required to shield headlight glare from adjacent properties. If the Applicant intends to use a berm, verify a minimum of 36-inches in height is provided along the parking spaces facing Kavanaugh Drive. Staff notes the existing berm shown does not appear to fully screen the parking area from the cul-du-sac on Kavanaugh Drive, see Staff mark up on Sheet 19. 6) Surface Materials. All parking areas, travel aisles, and maneuvering areas associated with the self -storage facility operations shall be paved with asphalt, concrete, or similar materials to provide a durable hard surface (§165-204.18(B)). Kavanaugh Drive between the existing end -of -pavement and the commercial entrance, should also be an asphalt surface as the motor vehicle access to the subject f s Review Comments — SP #35-18, Route 37 Storage September 11, 2018 Page 3 properties. 7) Agency Approvals. Comment sheets (approvals) are required from the following agencies: Building Inspections, the County Engineer (Public Works), the Fire Marshall, the Virginia Department of Transportation (VDOT), and Frederick Water. After you have revised the site plan, please resubmit one (1) copy so that Staff may verify the information contained on the plan addresses the above comments. Staff will also need all approved review agency comment sheets, at least five (5) copies of the final plan set and a digital (PDF) copy for approval. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd Attachment cc: Route 37 Self -Storage, LLC, 3862 Valley Pike, Winchester, VA 22601 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Route 37 Self Storage LLC (Phone) 540-869-9700 (Address) 3862 Valley Pike Winchester, VA 22601 the owner(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. 180000415 on Page , and is described as Tax Map: 75-A-5, 75-A-7 do hereby make, constitute and appoint: (Name) Pennoni Associates Inc. (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Q_Rezoning (including proffers) Conditional Use Permit _Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal 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 authorization shall In witness thereof, I (wf Signatures one year from the day it is signed, or until it is otherwise rescinded or modified. 1}eretos�tjny (our) baud and seal this �ri� day of nt e(��1- , 2019 , / / _� State of Virginia, City/County of EREDQ?1�Ik , To -wit: I, L . iT , a Notary Public in and for the jur certify that the person(s) who signed to the foregoing instrument personally appeared 1 acknowledged the same before me in the jurisdiction aforesaid this'3D114 day of(�!( U 20 I�QJ.1114 My Commission Expires: 3N IC Notary Public L• Fly �ti iw p&�9''•. REG # �0_ dict to�1iSM93tc : 0i 3/31/20 2 **,s 0 C SITE PLAN APPLICATION y - Office Use Only- 3 e Date Application Received: Application #: y Fees Received: Receipt #: z 1 `) 3 ( Initials: 5 I. Project Title: Route 37 Sto 2. Project Description: Self Storage Facility Approximately 1,045 ft. from Rt. 11/Kavanaugh Drive Intersection 3. Location of Property: Kavanaugh Drive +/- 1,100LF from the Kavanaugh Drive Route 11 Intersection (Street address) Kavanaugh Drive, Winchester, VA 22602 4. Applicant/Designer: Name: Pennoni Associates Inc. Telephone: 540-667-2139 Primary Point of Contact: David Frank email: dfrank@pennoni.com Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 5. Property Owner (if different than above): Name: Route 37 Self Storage LLC Address: 3862 Valley Pike Winchester, VA 22602 6. Property Information: a. Property Identification Number: b. Total acreage of the parcel to be developed c. Total disturbed area of the parcel: d. Present Use: e. Proposed Use: f. Magisterial District(s) 8 Telephone: 540-869-9700 75-A-5, 75-A-7 2.79 ac 2.79 ac Vacant Self Storage Facility Back Creek 7. Site Plan Type: a. Is this an original or new site plan? Yes II No b. Is this a revised site plan? Yes No If yes provide all previous site plan numbers: c. Is this a minor site plan? Yes n No If yes provide all previous site plan numbers: 8. Zoning Information: a. Current Zoning: B2 b. Was this property Rezoned? Yes El No c. If yes provide the rezoning number for this property: d. Are there any proffers for this property? Yes H No El e. Has a MDP been approved for this property. Yes No f. If yes provide the MDP number for this property: 9. Adjoining property zoning and use: USE North Vacant East Commonwealth of Virginia ROW South Commonwealth of Virginia ROW West Vacant ZONING Mi B2 I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that aA11 yequired material will be complete prior to the submission of my site plan. ..- Signature: Name (Printed): Date: /S6/( 0J REQUEST FOR SITE PLAN COMMENTS Frederick County Department of Planning & Development Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development 107 North Kent Street, 2°d Floor Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) conies of the Site Plan with this sheet. Applicant's Name: Pennoni Associates Inc./David Frank Telephone: S40-771-2087 Email Address: dfrank@pennoni.com Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and description of the request: Route 37 Storage Location of Property: Approximately 1,04S ft. from Rt. 11/Kavanaugh Drive Intersection Department of Planning & Development Comments: -PLANNING DEPARTMENT USE ONLY - Date Received r _ Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Date Approved Signature & Date: ** Please Return Form to Applicant** 16 0 FLEA9'E REVIEW THE ATTA-CHED liCC j YQ CJIl APFRQ � , PLE�5E IIr'iTT, VfiIE THE rHT�DOC AJEt'T JvfEETR YOUR APPROVAL. TE ANDTIIi�lE QE Candice gark Dave Tyler Mile jhn COMMENTS: Received by Clerical Staff (gate & Ph ars !late Tine -- --____ (9.0/rIce on MuckboxWorm€Mocument Approval Form-6/74016) w �.