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39-18 Starbucks Stephens City - PIN 85-A-148F - Opequon - Backfile (2)
SITE PLAN TRACIUNG SHEET Comment Sheets: GIS VDOT Frederick Water Winchester Inspections _ Stephens City Public Works Middletown Parks & Rec _ Airport Health Dept. Fire One copy of Site Plan application form Payment of site plan review fee l,1 One reproducible copy of Site Plan OPEN FILE: File Opened Reference Manual updated/number assigned r� D-base updated 5i Scan documents to Planning S: drive ! ` Application Action Summary updated Scan additional items as needed (Project Planner to direct) CLOSE FILE: 2S1_ Approved (or denied) letter mailed to applicant/copy to file and cc's l File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated Q Scanning updated a, Application Action Summary updated Sys ID # DATE _ 1 I aLl / I? RECEIVED FROM -- f ), � 1 7 ADDRESS 1fny `0 lid h FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT (t `I QL CHECK PAID BALANCE MONEY DUE ORDER RECEIPT 437320 (C -6-;O DOLLARS $ -7 60 '�ln, OtLdc-s S--Trj-itr� _ f'f n #- JS A - iq8 BY ©2001 R®IFORM® S1657N-CL Please note: The site plans associated with this file are located in the file room. Pam Deeter To: Robert W. Wells; Roger Thomas (ipad); Robert Molden (ipad) Cc: Patrick Barker, CEcD; Kenneth Scott Subject: Site Plan Approval (Starbucks-Stephens City) Attachments: Approval Ltr - SP# 39-18 Starbuck - Stephens City.docx Good morning, Please find attached an approval letter from Mr. Klein for the site plan Startbucks-Stephens City 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: Patrick Barker, CEcD Sent: Friday, February 1, 2019 9:49 AM Subject: Delivered: Site Plan Approval (Starbucks-Stephens City) Your message has been delivered to the following recipients: Patrick Barker, CEcD (pbarker(&yesfrederickva.com) Subject: Site Plan Approval (Starbucks-Stephens City) Pam Deeter From: Microsoft Outlook To: Robert Wells Sent: Friday, February 1, 2019 9:49 AM Subject: Relayed: Site Plan Approval (Starbucks-Stephens City) Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Robert Wells (robertwells946(&comcast.net) Subject: Site Plan Approval (Starbucks-Stephens City) Pam Deeter From: Microsoft Outlook To: Kenneth Scott Sent: Friday, February 1, 2019 9:49 AM Subject: Delivered: Site Plan Approval (Starbucks-Stephens City) Your message has been delivered to the following recipients: Kenneth Scott (kscottOfcva.us) Subject: Site Plan Approval (Starbucks-Stephens City) FREDERICK COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT Site Inspection Form Permit Holdw, Name site to Pla r� st div ' n Plan Number Building P Km Number GMERAL INFOIRKTION Property Identification Number (PIN) Loca�,r'�R1p� Contact Information c� « ;fie ---. INSPECTION OF ROADS. DRIVEWAYS & TRAVEL AISLES (Check when completed - note all incomplete work): Street & Traffic Signs Striping Surface Material Comments Inspector Inspector -v INSPECTION OF PARKING, NANEUVERING AREAS & LOADING AREAS Number of Spaces Striping Surface Material Comments Inspector Inspector - Sidewalks & Lighting Dimensions overall Layout V Date Verified Incomplete Date Verified Complete (Check when completed - note all incomplete work): Sidewalks & Lighting Dimension of Spaces overall Layout ✓ Date Verified Incomplete Date Verified Complete Zi INSPECTION OF LANDSCAPING nVROVEitENTS (Check when completed - note all incomplete work): Number of Trees Number of Shrubs Size of Plants Species of Plants Soil Stabilization Seeding Screens overall Layout Comment Inspector Inspector Date Verified Incomplete Date Verified Complete INSPECTION OF OTHER IMPROVERENTS (Check when completed - note all incomplete work): Setbacks Proffered Conditions Signs Recreational Facilities Preservation Areas Curb & Gutter Inspector • / Date Verified Incomplete 2 Inspector — Date Verified Complete R d .ICK COUW DZPAR'�'�i Op p�X & :DE` gLOP N"� rA a '"i' iti�tlA?a Signature Date of Approval Is site approval contingent on a monetary guarantee? Yes* No Bond Number (*If yes, all site improvements noted on this form must be complete prior to the release of a monetary guarantee. In addition, all relevant review agencies shall provide final site approval. A checklist of these agencies is provided below for documentation purposes.) Fire Marshal Virginia Department of Transportation Building Inspections Sanitation Authority - Public Works City of Winchester — -- Parks & Recreation other (Please date & initial when all site work is complete & all relevant review agencies have approved) Date Monetary Guarantee Released Initials COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 31, 2019 Chris Howell, PE Kimley-Horn and Associates 11400 Commerce Park Drive, Suite 400 Reston, VA 20191 Re: Approval for Site Plan #39-18, Starbucks — Stephens City Property Identification Number (PIN): 85-A-148F Dear Mr. Howell: The above -referenced site plan was approved on January 31, 2019. The site plan is approved for a 2,193 square foot (SF) +/- one-story coffeeshop with a drive-thru facility and 400 SF +/- outdoor seating area in the B2 (General Business) Zoning District the Opequon Magisterial District. The site plan also includes approval for 27 parking spaces, site landscaping, lighting, signage and a new private 30-foot (FT) wide ingress/egress access easement with Stickley Drive. 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, M. Tyler Klein, AICP Senior Planner MTK/pd Attachments cc: Robert W. Wells, Opequon District Supervisor Roger Thomas and Robbie Molden, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Barker, Frederick County Economic Development Authority (email) Kenneth Scott, Frederick County Fire & Rescue (email) InSite Development Services, LLC. 1400 Sixteenth Street, Suite 300, Oak Brook, IL 60523 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i, • 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 26, 2018 Chris Howell, PE Kimley-Horn and Associates 11400 Commerce Park Drive, Suite 400 Reston, VA 20191 Re: Review Comments for Site Plan #39-18, Starbucks — Stephens City Property Identification Number (PIN): 85-A-148F Dear Mr. Howell: 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 Staffs 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 #39-18 to the cover sheet. 2) Utility Contacts. References to individual points -of -contact should be removed. "Frederick County Sanitation Authority" should be amended to "Frederick Water." 3) Site Plan Statistics. The following revisions should be made to Sheet C000: • Zoning: Amend to also include hiterstate Area (IA) Overlay District. • Proposed Use: Amend to "Restaurant with Drive-Thru." • Minimum Landscape Area: Add a note 15% minimum landscaped area required for B2 (General Business) zoned property; provide a calculation showing the percentage for this site. • Building Height: Specify the maximum building height allowed (35-feet) and the building height proposed. 4) Site Plan. The following revisions should be made to the Site Plan sheet: Dumpster Enclosure: Details of the proposed dumpster enclosure should be provided for Staff to review. A minimum 6-foot (FT) enclosure should be provided. S_ignage: Specify the height and sign area (SF) for the "existing highway sign to- be-rebranded." A note should be added that all signage, including any building mounted signage, should conform to the Frederick County Zoning Ordinance § 165-201.06. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Review Comments — SP #39-18, Starbucks — Stephens City September 26, 2018 Page 2 Provide the height and dimensions of the information signs for the drive-in/th u. • Pedestrian Access: The proposed sidewalk should be extended south on Town Run Lane for the frontage of the property. Crosswalks should be provided across the proposed commercial entrance, and where the walk -way connects to the parcel to the south. See Staff mark-up on Sheet C200. 5) Site Lighting. A photometric plan, which includes all free-standing and building - mounted fixture details and minimum, maximum and average illumination levels, should be provided for review by Staff. Notes specifying that all lighting will conform to Section § 165-201.07 of the Frederick County Zoning Ordinance and will be downcast and full cutoff should also be included. 6) Access Easement. Provide a copy of the recorded 30-FT wide private ingress/egress access easement to Stickley Drive (Route 1085) for the project file; add the recordation instrument number to the site plan. 7) Agency Approvals. Comment sheets (approvals) are required from the following agencies: Building Inspections, County Engineer (Public Works), Fire Marshall Virginia Department of Transportation (VDOT), Frederick Water, and the Virginia Department of Health. Additional Staff Recommendations 8) Architecture & Design. Architectural renderings and/or building elevations should be provided to accompany the project file. 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 Attaclunent cc: InSite Development Services, LLC. 1400 Sixteenth Street, Suite 300, Oak Brook, IL 60523 T I November 7, 2018 Mr. Chris Howell Kimley-Horn and Associates 11400 Commerce Park Drive Suite 400 Reston, Virginia 20191 RE: Site Plan Comments — Starbucks-Stephens City Frederick County, Virginia Dear Mr. Howell: COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 Upon review of the subject site plan dated September 21, 2018, we offer the following comments: 1. Reconcile the storm pipe slopes listed on the storm drain design calculations with those shown on the storm pipe profiles for pipes B3-132, 132-131, A3-A2 and A2-A1. 2. Reconcile the design runoff for storm pipe 133-132 with the pond report (1.16 cfs vs. 2.965 cfs). 3. Revise the PRE/POST drainage divides to include all contributing off -site drainage areas. 4. Revise the drainage divides on Sheet C-320 to include the portion of the existing building on Parcel 85-A- 148E that drains towards the subject site. 5. Fix the table formatting on Sheet C-10 for the "Peak Flow Comparison — Outfall B" table. 6. Correct the phosphorous load reduction reference in the water quality narrative on Sheet C-311 (0.67 vs. 0.12) 7. Reconcile the peak runoff values shown on Sheet C-310 between the Hydrograph Return Period Recap, peak flow tables and the hydrograph reports. For example, 10-year Post -A listed as 5.338 cfs (PDF report), 5.125 cfs (peak flow comparison), and 4.374 (recap). 8. Include full Hydraflow report with next submission. 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 0 0 Site Plan Comments — Starbucks — Stephens City Page 2 November 7, 2018 Once these comments are addressed, submit a copy of the revised plan for further review. Joseph W. Johnson, P.E. Civil Engineer JCW/kco cc: Planning and Development file Sincerely, cll'f i� 6 -of— ef Joe C. Wilder Director of Public Works 107 North Kent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 0 • RECEIVED SEP 2 4 20i REQUEST FOR SITE PLAN COMMENTS Frederick County Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Attu: Building Official 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2°d 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. Please attach two (2) copies of the Site Plan with this sheet. .-.-.F __.:�cx.z^.-c"¢+--.:.-�n.¢..-�.a..�.i_t,_.,,_.,.�...ac-•-�rsz:�-. ..tl.... r - 1-�:--..,.,,� +'< <-._.•r-^".'..- .;-rr'c-a^:.... Applicant's Name: Kimley-Horn and Associates Telephone: 703-674-1317 Email Address: chris.howell@kimley-horn.com Mailing Address: 11400 Commerce Park Drive Suite 400 Reston, VA 20191 Name of development and description of the request: Starbucks - Stephens City. Proposed Starbucks with drive-thru and an access road connecting Town Run Lane and Stickley Drive Location of Property: PIN 85 A 148F 131 Town Run Lane Stephens City, VA 22655 Inspections Department Comments: nnromvnA (lna «l 'J" &-Ac•iG c,,4 r - Po: ,n -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received );? 4) i 6 Review Numbe02 3 4 5 (circle one) Date Reviewed /a /o& e Revision Required N c-1 Date Ap roved '16 l6he Signature & Date: -cTT �-v--- ** Please Return Form to Applicant** C..ifR'riS1•'. T'�:: tl .li'.'Yf.. 'ilr` _.:. r. :'.. '. ::-. '.ai'. '.. .Z..]::=t. 'aF"..' .UL ti.'"a:'... .TY:_ X':'i_Y :. r. . .ti. - V 18 • 0 Buildings shall comply with The Virginia Uniform Statewide Building Code 2015, section 303 - A,Assembly Use Group. Other Code that applies is ICC/ANSI Al 17.1-09 Accessible and Usable Buildings and Facilities and Virginia Energy Code 2015. Structural plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Removal of existing building requires a demolition permit. Asbestos inspection is required and an asbestos abatement permit may be needed. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012 Handicap parking shall comply with ANSI Al 17.1-09. Van accessible parking/unloading shall have a minimum of I I' width with 5' unloading area or a minimum of 8' unloading area with an 8' width. Car unloading area shall provide a minimum of 5' unloading area. Max slope of parking and unloading area is 1:48 Grease trap located inside the facility IBC 1106.6 requires HC parking to be located on the shortest accessible route of travel from adjacent parking to the accessible building entrance. Approaches and door clearances for main exit/entrance shall comply with ANSI A117.1-09. Landings shall not exceed 1":48" slope. Walkways shall not exceed 5% (1" in 20") slope. Accessible transition from parking and accessible route shall comply with ANSI A117.1-09. Curb ramps shall comply with Section 406 ANSI Al 17.1-09. elevations along accessible route from parking/unloading area to main entrance appear to comply with ANSI A117.1-09 Please note the requirements in Chapter 17 of ICC for special inspection requirements on the type of structure.( Soils, concrete ect..). Slabs with greater than 24" gravel or 8" earth requires an engineer design. Signs are required to have a permit. S:\Site Plan comments\2015\Assembly, Starbucks.doc • 0 Kimley»>Horn JAN 2 y 2019 January 28, 2019 To: Frederick County Department of Planning and Development Attn: Tyler Klein, AICP 107 N. Kent Street Second Floor, Suite 202 Winchester, VA 22601 Re: Review Comments for Site Plan #39-18, Starbucks — Stephens City Property Identification Number (PIN): 85-A-148F Dear: Mr. Klein, Please find the following responses addressing comments received in a letter dated 11/30/2018 from the Frederick County Department of Planning and Development: Review Comments: Comment 1: Signage. Comment not addressed. Specify the height of the "existing highway sign to be rebranded." Staff acknowledges the sign square footage is provided along with the applicable notes. Response 1: Existing sign appears to have approximate height of 40 ft. Site record plans and the survey could not confirm the existing sign height. Comment 2: Site Lighting. Comment not addressed. A note should be added citing conformance with the applicable Zoning Ordinance section that pertains to site lighting. Additionally, details of pole (including specifying the pole height, not to exceed 25-feet) and the building and pole -mounted lighting fixture types be included on Sheet C-230 Response 2: The ordinance lighting note, pole height information, and light fixture detail has been added to sheet C-230 Photometric Plan (By Others). A light pole base detail has been added to sheet C-252 Site Plan Details. Comment 3: New comment — Curb and Gutter. A minimum 6-inch curb and gutter is required around all parking areas and travel aisles. Ensure this is clearly labeled on the Site Plan and Grading Plan. Staff acknowledges the correct CG-6 details are provided on subsequent sheets Response 3: Per correspondence with Planning, gutter is not proposed on the high side of the asphalt pavement. Sheet C-200 Site Plan, note #15 has been added to elaborate on low impact development intent. Kim ey>>> Horn Page 2 Please note the access easement has been recorded, and a copy of it is provided with this submission. Review agency approvals have been obtained, and a copy of their approval letters has been included with this submission. If you have any questions or comments, I can be contacted at chris.howell@kimley-horn.com and (703) 674-1317. Sincerely, Chris Howell, P.E. 11400 Commerce Park Drive Suite 400 Reston, VA 20191 0 • Tyler Klein To: Howell, Chris Subject: SP #39-18, Starbucks - Stephens City Chris, good afternoon. Planning & Development staff has review the resubmission dated 11/29/18 of the above site plan. Comments # 1, 2, 3, 4 (part), & 8 have been addressed. Staff acknowledges comments # 6 (Access Easement) and # 7 (Agency Review Comments) will be addressed prior to submission of final copies for signature. Staff requests that the recorded instrument number for the access easement between Town Run Lane and Stickley Drive be added to the plan set. Staff offers the following comments on the resubmission: Comment # 4 — Signage. Comment not addressed. Specify the height of the "existing highway sign to be rebranded." Staff acknowledges the sign square footage is provided along with the applicable notes. Comment # 5 — Site Lighting. Comment not addressed. A note should be added citing conformance with the applicable Zoning Ordinance section that pertains to site lighting. Additionally, details of pole (including specifying the pole height, not to exceed 25-feet) and the building and pole -mounted lighting fixture types be included on Sheet C-230. *New Comment* - Curb & Gutter. A minimum 6-inch curb and gutter is required around all parking areas and travel aisles. Ensure this is clearly labeled on the Site Plan and Grading Plan. Staff acknowledges the correct CG-6 details are provided on subsequent sheets. A copy of the Site Plan, Grading Plan and Photometric Plan should be provided for staff to review (since it is only three (3) sheets, these may be submitted electronically via email). Once the above comments are addressed, review agency comment/letters approvals are received and provided to staff from the applicable entities, and the access easement is recorded, at least five (5) hard copies of the plan set should be provided for approval/signature by the Zoning Administrator plus a digital (PDF) copy on a disk provided for the project folder. Should you have any additional questions or comments at this time, please do not hesitate to get in touch with me directly. Thank you and happy holidays! M. Tyler Klein, AICP Senior Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 tklein aRfcva.us Kimley»>Horn November 29, 2018 To: Frederick County Department of Planning and Development Attn: Tyler Klein, AICP 107 N. Kent Street Second Floor, Suite 202 Winchester, VA 22601 Lj NOV 3 0 - i Re: Review Comments for Site Plan #39-18, Starbucks — Stephens City Property Identification Number (PIN): 85-A-148F Dear: Mr. Klein, Please find the following responses addressing comments received in a letter dated 9/26/2018 from the Frederick County Department of Planning and Development: Review Comments: Comment 1: Site Plan Reference. Add the site plan number, SP #39-18 to the cover sheet. Response 1: The site plan number has been added to the C-000 Cover Sheet. Comment 2: Utility Contacts. References to individual points -of -contact should be removed. "Frederick County Sanitation Authority" should be amended to "Frederick Water." Response 2: The utility contacts were removed, and Frederick Water name updated on C-000 Cover sheet. Comment 3: Site Plan Statistics. The following revisions should be made to Sheet C000: • Zoning: Amend to also include Interstate Area (IA) Overlay District. Response 3a: The Site Plan Statistics have been updated to include the Interstate Area (IA) Overlay District. • Proposed Use: Amend to "Restaurant with Drive-Thru." Response 3b: The proposed use in the Site Plan Statistics has been updated. • Minimum Landscape Area: Add a note 15% minimum landscaped area required for B2 (General Business) zoned property; provide a calculation showing the percentage for this site. Response 3c: The Site Plan Statistics have been updated to include the landscaping note, and a calculation has been provided on L- 100 — Landscaping Plan. 11400 Commerce Park Drive, Suite 400, Reston, VA 20191 Kimley>>> Horn Page 2 • Building Height: Specify the maximum building height allowed (35-feet) and the building height proposed. Response 3d: The Site Plan Statistics have been updated to include the maximum building height allowed and the building height proposed. Comment 4: Site Plan. The following revisions should be made to the Site Plan sheet: • Dumpster Enclosure: Details of the proposed dumpster enclosure should be provided for Staff to review. A minimum 6-foot (FT) enclosure should be provided. Response 4a: See sheet C-252 Site Plan Detail for a Dumpster Enclosure Elevation detail. • Signage: Specify the height and sign area (SF) for the "existing highway sign to-be-rebranded." A note should be added that all signage, including any building mounted signage, should conform to the Frederick County Zoning Ordinance §165-201.06. Provide the height and dimensions of the information signs for the drive-in/thru. Response 4b: Updates have been made to the signage on C-200 — Site Plan. • Pedestrian Access: The proposed sidewalk should be extended south on Town Run Lane for the frontage of the property. Crosswalks should be provided across the proposed commercial entrance, and where the walk -way connects to the parcel to the south. See Staff mark-up on Sheet C200. Response 4c: Updates have been made on C-200 — Site Plan. Comment 5: Site Lighting. A photometric plan, which includes all free-standing and building - mounted fixture details and minimum, maximum and average illumination levels, should be provided for review by Staff. Notes specifying that all lighting will conform to Section §165-201.07 of the Frederick County Zoning Ordinance and will be downcast and full cutoff should also be included. Response 5: Sheet C-230 — Photometric Plan has been provided. A note has been added to C-230 — Photometric Plan. Comment 6: Access Easement. Provide a copy of the recorded 30-FT wide private ingress/egress access easement to Stickley Drive (Route 1085) for the project file; add the recordation instrument number to the site plan. Response 6: A copy of the recorded easement will be provided with the final signature set submission. Kim ey>>> Horn Page 3 Comment 7: Agency Approvals. Comment sheets (approvals) are required from the following agencies: Building Inspections, County Engineer (Public Works), Fire Marshall Virginia Department of Transportation (VDOT), Frederick Water, and the Virginia Department of Health. Response 7: Acknowledged. Approval and comments letters from agencies have been included with this submission package. Additional Staff Comments: Comment 8: Architecture & Design. Architectural renderings and/or building elevations should be provided to accompany the project file. Response 8: Architectural elevations are included with this submission package. Sincerely, Chris Howell, P.E. 11400 Commerce Park Drive Suite 400 Reston, VA 20191 1 1400 Commerce Park Drive, Suite 400, Reston, VA 20191 • REQUEST FOR SITE PLAN COMMENTS Virginia Department of Health Mail to: Virginia Department of Health Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: 2nd Floor — Suite.201 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 722-3480 Applicant: It is your responsibility to complete this form 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: _Kimley-Horn and Associates Telephone: 703-674-1317 Email Address: chris.howell@kimley-horn.com Mailing Address: 11400 Commerce Park Drive Suite 400 Reston, VA 20191 Name of development and description of the request: Starbucks - Stephens City. Proposed Starbucks with drive-thru and an access road connecting Town Run Lane and Stickley Drive Location of Property: PIN 85 A 148F 131 Town Run Lane Stephens City, VA 22655 -VIRGINIA DEPARTMENT OF HEALTH USE ONLV- Date Received 9/ a`1 (I Review Numbe� 2 3 4 5 (circle one) Date Reviewed Ip� Revision Required Nb Date Approve 10 / 8 Signature & Date: ** Please Return Form to Applicant** 40 Howell, Chris From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Wednesday, January 16, 2019 9:58 AM To: Howell, Chris Cc: Matthew Smith; Rhonda Funkhouser; Tyler Klein; Sara Siver; Murray, Jessica Subject: Starbucks Stephens City Site Plan Approval Categories: External DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Chris, A VDOT review has been conducted for the Starbucks Stephens City Site Plan signature dated January 9, 2019. 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 related changes to the approved plan must come 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 FREDERICK WATER 1 - ; FREDERICK t _ /' -.--_WATER. SITE PLAN REVIEW CONUVIENTS PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker Road, Stephens City, VA 22655 l 540.868.1429 fax Project I rl0-- V Applicant taw% g'�� i �� y�,, IA REVIEW STATUS 7i attention 1► V •���� ,YF review number correct & resubmit approved as noted number of items to be corrected e!pro v: DRAWINGS send me by 1. print of sheets w^ 5 2. two CDs: each disc shall contain the following plan sheets A L�- a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD shall be in DWG format; (1) in Model Space, (2) instate plane coordinate system NAD 83,(3) compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS Y'V A copy of the recorded onsite FW easement(s) is/are required. Y 'G A copy of the recorded offsite FW easement(s) is/are required. o The easement document shall contain a plat and both shall be signed by the Frederick Water. o The Frederick Water requires specific language in its deed of easement. o Visit our website www.frederickwater.com to obtain a copy of the form. o A copy of the recorded deed(s) of easement shall be received before service will be authorized. OTHER Y& This project also requires DEQ - Valley Region Office approval. Y 'V This project also requires VDH — Lexington Field Office approval. Y /02 This project also requires VDH — Lexington Field Office — Project Summary Report. BY DATE FOR DRAWINGS ABOVE, see VDH website for form Y (P This project has a sewer pump station that FW will own. Title to the pump station site shall be granted to the Frederick Water in fee simple absolute. Also, (1) a copy of DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the FW approved O & M manual are required. These documents must be received before service will be authorized. (4) Work cannot commence that would connect to FW facilities or require FW inspections until the contract is returned to this office. j Date: i'/llcl r� — Earl W. Wiley — engineering Assistant DEC 18 0 • Buckley, Sara From: Howell, Chris Sent: Wednesday, November 7, 2018 3:52 PM To: Murray, Jessica Subject: FW: Starbucks Stephens City, VA Attachments: General Notes - June 2013.pdf Thank you, Chris Howell, P.E. I Kimley-Horn 1 703-674-1317 (w) 1 703-674-9438 (c) From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Wednesday, November 7, 2018 2:56 PM To: Howell, Chris <Chris.HowelI@kimley-horn.com> Cc: Rhonda Funkhouser<rhonda.funkhouser@vdot.virginia.gov>; Matthew Smith <matthew.smith@vdot.virginia.gov>; Tyler Klein <tklein@fcva.us>; John Bishop (jbishop @co.frederick.va.us)"John Bishop <jbishop@fcva.us>; Edwin Carter <edwin.carter@vdot.virginia.gov> Subject: Starbucks Stephens City, VA cam :yl i� 1r Y':r e ur i Yl1.1Zl 1NIT A DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Chris, A VDOT Review has been conducted on the Starbucks Stephens City Site Plan signature dated September 21, 2018. We offer the following comments: • Please include all existing and proposed pavement markings for Rte. 1012, Town Run Lane. • Please provide an analysis of turn lane warrants to the site. (left and right) • The entrance type needs to be noted as CG-11, VDOT Standard Commercial. • Please include all entrance dimensions to include entrance width and radii. The dimensions shown (15' R; 28' width) do not meet the minimum required as outlined in Appendix F of VDOT's Road Design Manual. Please revise accordingly. • VDOT General Notes are to be provided on the plan set. I have attached them for your convenience. • What type of curb is being proposed? The adjacent curb is CG-6. Please utilize matching curb type. • The proposed sidewalk is squeezed tight against the right-of-way. Please locate sidewalk to provide a minimum of 1' buffer from back of walk to right-of-way line for future maintenance. • A typical section of the proposed entrance is needed. This is to include lane widths, cross slope, pavement design, curb and gutter placement, buffer width, sidewalk and right-of-way. • Sight distance line of sig�l�triangles are to be included in planes. This is essential to ensure no landscaping is located within the lines of sight and that no easements are needed where line of sight could leave the right-of-way. • Please add a note to connect any underdrains disturbed along Rte. 1012 during demolition and construction. All underdrain to be in accordance with VDOT Standard UD-4 Detail. • Please provide the appropriate Maintenance of Traffic Plan to be utilized during construction. • Please include the limits of surface mill and overlay along the entire length of Rte. 1012 frontage improvements, extending through the adjacent travel lane per VDOT Standard WP-2 requirements. • Please add the VDOT Standard UD-4 and WP-2 Details. Please provide a resolution for the above comments by sending two sets of revised drawings, a comment response letter, and highlighted plan showing changes, as well as one digital copy of the plans. Should you have any questions, please feel free to contact me. Thank You, 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 Virginia Department of Health Mail to: Virginia Department of Health Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: 2°3 Floor — Suite 201 107 North Kent Street Winchester, Virginia 22601 Phone: (540)722-3480 Ky Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one (I ) copy of the Site Plan with. this sheet. Applicant's Name: Kimley-Horn and Associates Telephone: 703-674-1317 Email ,Address: chris.howell@kimley-horn.com Mailing Address: 11400 Commerce Park Drive Suite 400 Reston, VA 20191 Name of development and description of' the request: Starbucks - Stephens City. Proposed Starbucks with drive-thru and an access road connecting Town Run Lane and Stickley Drive Location of Property: PIN 85 A 148F 131 Town Run Lane Stephens City, VA 22655 Health Department Comments: '` c Fired e r i c �_ C ot_Jn t,4 Heal` Vk_ pe Da < n t V�Ctss Y, T_- b ,('( tb _l "S tom- A�C',Ed --Fa r�-i'( l" k)VOUL L % A )aA?,r -VIRGINIA DEPARTMENT OF HEALTH USE ONLY - Date Received 9/ay � I $ Review Numbelol 2 3 4 5 (circle one) Date Reviewed i p Revision Required �, Date Ap roved 1 D / B Signature & Date: V ** Please Return Form to Applicant** Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fmoCWfcva-us Plan Review & Comments Date Received 11130/2018 Plan/Permit Type Site Plan Rev. #1 11-30-18 Name Starbucks Address 131 Town Run LN Project Name New Construction Applicant Name & Number Kimley-Horn 703-674-1300 RE# Permit Number Emergency Vehicle Access: Ad quate Inadequate Hydrant Location: Ades{iiate Inadequate Siamese Location: Adequate Inadequate Fire Lanes Required: �/s No Plan Approval Status Approve Comments � I SignatureZ2�' ,/-" Reviewed By: Kenneth Scott, Jr. Title: L 0 - Stephens City mil la N/A N/A N/A Date Reviewed 12118/2018 VA 22655 REQUEST FOR SITE PLAN CONLMENT,S Frederick County Fire Marshal Comment Mail to: Frederick County Fire Marshal Attn: Fire Marslial 1080 Coversione Drive Winchester, Virginia 22602 -Band deliver to: Public Safety Building 1080 C:overstone Drive Winchester, Virginia 22602 Phone: (540) 665-6350 -- ---- ----- --- - --- -- - - Applicanr: It is your re>ponsibility to complete this form a, accurately as po_sibte in order to a silt the agency with their ruviuw. Plesisc at[tioh two (2) copx.s of the Site Plan with this sheet. 2 Applicant's Name: Kimley-Horn and Associates Tcleplionc: 703-674-1317 - Hmail Address: chris.howellekimley-horn.corn hlailin- Address: 11400 Commerce Park Drive Suite 400 Reston. VA 20191 Name of development and description of the request: Starbucks - Stephens City, Proposed Starbucks vrtth drive-thru and an access road connecting Town Run Lane and Stickley Drive Location oi' Propc,-rt} PIN 85 A 143F 131 Town Run Lane _ Stephens City, VA 22655 Fire Marshal C'cnnments: -FTtEDER1C:`K C-:C)YNTY FIRE MARSHAL USE ONT Y- I Late Received Revicw Numbu 7 2 3 4 (circle one) Tate Reviewed /plN Revision 1Lequited �— DateApprored .fit? Si -nature Le: *" Please Return Form to Appt Cant c 2 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 C.'ove.►stone Drive Winchester, VA 22602 (540 665-6350 Fax: (540 678-4739 Ema& Mia9fcva.us Plan Review & Comments Date Received 9/2412018 Plan/Permit Type Site Plan 09-24-18 Name Starbucks Address 131 Town Run LN Stephens City Project Name New Construction Applicant Name & Number Kimley-Horn & Assoc. 202-9T1-8224 RE# Permit Number Emergency Vehicle Access: Adg6ate Inadequate NIA Hydrant Location: Adequate Inadequate NIA Siamese Location: Adequate Inadequate A/ Fire Lanes Required: Yes No NIA Plan Approval Status Approve Comments Areas hi -lighted in orange shall have No Parking Fire Lane signs installed Areas hi -lighted in yellow shall be striped In yellow i Signature:" Reviewed By: Kenneth Scott, Jr. 4 Title: Date Reviewed IO 2018 VA 22655 0 COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 January 7, 2019 Mr. Chris Howell, P.E. Kimley-Horn and Associates 11400 Conunerce Park Drive Suite 400 Reston, Virginia 20191 RE: Revised Site Plan Comments — Starbucks-Stephens City Dear Mr. Howell: Upon review of the revised site plan dated November 29, 2018, we recommend approval of the subject plan. ZE _- - 1 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 0 RECEIRD SEP 2 4 2018 cA REQUEST FOR SITE PLAN COMMENTS Frederick County Frederick County Inspections 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. Please attach two (2) copies of the Site Plan with this sheet. Applicant's Name: Kimley-Horn and Associates Telephone: 703-674-1317 Email Address: chris.howell@kimley-horn.com Mailing Address: 11400 Commerce Park Drive Suite 400 Reston. VA 20191 Name of development and description of the request: Starbucks - Stephens City. Proposed Starbucks with drive-thru and an access road connecting Town Run Lane and Stickley Drive Location of Property: PIN 85 A 148F 131 Town Run Lane Stephens City, VA 22655 Inspeections Department Comments: , J -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received 1:2016 Review Numbe02 3 4 5 (circle one) Date Reviewed 7o7/c, / Revision Required N Date A roved Signature & Date: ** Please Return Form to Applicant** is • Buildings shall comply with The Virginia Uniform Statewide Building Code 2015, section 303 - A,Assembly Use Group. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities and Virginia Energy Code 2015. Structural plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Removal of existing building requires a demolition permit. Asbestos inspection is required and an asbestos abatement permit may be needed. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012 Handicap parking shall comply with ANSI Al 17.1-09. Van accessible parking/unloading shall have a minimum of I I' width with 5' unloading area or a minimum of 8' unloading area with an 8' width. Car unloading area shall provide a minimum of 5' unloading area. Max slope of parking and unloading area is 1:48 Grease trap located inside the facility IBC 1106.6 requires HC parking to be located on the shortest accessible route of travel from adjacent parking to the accessible building entrance. Approaches and door clearances for main exit/entrance shall comply with ANSI A117.1-09. Landings shall not exceed 1":48" slope. Walkways shall not exceed 5% (1" in 20") slope. Accessible transition from parking and accessible route shall comply with ANSI A117.1-09. Curb ramps shall comply with Section 406 ANSI Al 17.1-09. elevations along accessible route from parking/unloading area to main entrance appear to comply with ANSI Al 17.1-09 Please note the requirements in Chapter 17 of ICC for special inspection requirements on the type of structure.( Soils, concrete ect..). Slabs with greater than 24" gravel or 8" earth requires an engineer design. Signs are required to have a permit. S:\Site Plan comments\2015\Assembly, Starbucks.doc 0 0 Buildings shall comply with The Virginia Uniform Statewide Building Code 2015, section 303 - A,Assembly Use Group. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities and Virginia Energy Code 2015. Structural plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Removal of existing building requires a demolition permit. Asbestos inspection is required and an asbestos abatement permit may be needed. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012 Handicap parking shall comply with ANSI Al 17.1-09. Van accessible parking/unloading shall have a minimum of 11' width with 5' unloading area or a minimum of 8' unloading area with an 8' width. Car unloading area shall provide a minimum of 5' unloading area. Max slope of parking and unloading area is 1:48 Grease trap located inside the facility IBC 1106.6 requires HC parking to be located on the shortest accessible route of travel from adjacent parking to the accessible building entrance. Approaches and door clearances for main exit/entrance shall comply with ANSI Al 17.1-09. Landings shall not exceed 1":48" slope. Walkways shall not exceed 5% (l" in 20") slope. Accessible transition from parking and accessible route shall comply with ANSI Al 17.1-09. Curb ramps shall comply with Section 406 ANSI A117.1-09. elevations along accessible route from parking/unloading area to main entrance appear to comply with ANSI Al 17.1-09 Please note the requirements in Chapter 17 of ICC for special inspection requirements on the type of structure.( Soils, concrete ect..). Slabs with greater than 24" gravel or 8" earth requires an engineer design. Signs are required to have a permit. S:\Site Plan comments\2015\Assembly, Starbucks.doc 190000519 Prepared by and after recording return to: Raymond I4. Pruchnicki, Esq. InSite Real Estate, LLC 1400 16th Street Suite 300 Oak Brook, IL 60523 Tax Parcel No.: 85-A-148E 85-A-148F DECLARATION OF CROSS -ACCESS EASEMENT ifTHIS DECLARATION OF CROSS -ACCESS EASEMENT (this "Declaration") is made this day of January, 2019 by WINCHESTER CAPITAL GROUP, INC., a Virginia corporation ("Winchester") with an address 3050 Valley Avenue, Suite 110, Winchester, Virginia 22601. RECITALS A. Winchester is the owner of the following adjacent real property: i) 131 Town Run Lane, Stephens City, Frederick County, Virginia, containing approximately 0.9970 acres and legally described on Schedule 1 attached hereto and incorporated herein by this reference (the "Town Run Lane Parcel"). ii) 118 Fairfax Pike, Stephens City, Frederick County, Virginia, containing approximately 2.8172 acres and legally described on Schedule 2 attached hereto and incorporated herein by this reference (the "Fairfax Pike Parcel"). B. The Town Run Lane Parcel and the Fairfax Pike Parcel are sometimes referred to collectively herein as the "Parcels" and individually as a "Parcel". The Town Run Lane Parcel and the Fairfax Pike Parcel are collectively referred to herein as the "Property". C. Winchester desires to grant easements over the Parcels for a Drive Aisle (hereinafter defined), to be constructed by Winchester's contract purchaser of the Town Run Lane Parcel, STEPHENS CITY, VA (131 Town Run) LLC, an Illinois limited liability company ("InSite"), at the location shown on the Site Plan attached as Schedule 3 and incorporated herein. NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, Winchester does hereby declare that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restrictions and conditions hereinafter set forth in this Declaration, so that said Parcels shall be maintained, kept, sold and used in Rill compliance with and subject to this Declaration and, in connection therewith, Winchester covenants as follows: O W N rV } AGREEMENTS c� 1. Definitions. For purposes hereof: W N C.J "Drive Aisle" shall mean the paved roadway within the Property which provide access between the Parcels and from the Parcels to Town Run Lane and Stickley Drive shown on the Site Plan. "Easement(s)" shall mean any one or more of the easements established pursuant to this Declaration. "Occupant" shall mean any person or entity which shall from time to time be entitled to the use and occupancy of any portion of a Parcel under this Declaration under any lease, license or concession agreement or other instrument or arrangement under which the Occupant acquires its right to such use and occupancy during the term of such lease, license or concession agreement. "Owner" or "Owners" shall mean Winchester and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any portion of the Property, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real property. "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Declaration as described on Schedule 1 and Schedule 2, that is, the Town Run Lane Parcel and the Fairfax Pike Parcel, and any future subdivisions thereof. "Permittees" shall mean the tenant(s) or Occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or Occupant(s). "Site Plan" shall mean that site plan of the Parcels and Easements shown on Schedule 3. Except as may be otherwise provided in this Declaration, the Site Plan is for identification purposes only. 2. Easements. 2.1 Grant of Reciprocal Easements. Subject to any express conditions, limitations or reservations contained herein, Winchester hereby declares that the Parcels, and all Owners and Permittees of the Parcels, shall be benefited and burdened by a non-exclusive, perpetual and reciprocal easement ("Cross -Access Easement") for access, ingress and egress (but not for parking) over the Drive Aisle as presently or hereafter constructed and located on the Parcels, so as to provide for the passage of motor vehicles and pedestrians to and from the Parcels, to and from Town Run Lane and Stickley Drive. The Cross -Access Easement is hereby imposed upon the Parcels and all present and future Owners and Pennittees of the Parcel. The Cross -Access Easement shall not be construed to allow any stopping, standing or parking of vehicles on the Drive Aisle. 2.2 Omitted. 2.3 Grant of Temporary Construction Easement for Drive Aisle. (a) Subject to the terms of this Declaration and to InSite becoming the Owner of the Town Run Lane Parcel, Winchester grants to InSite, its contractors and agents and other Permittees, an easement ("Temporary Construction Easement") for (a) the construction of the Drive Aisle over (i) the portion of the Drive Aisle located on the Fairfax Pike Parcel plus (ii) the area located on either side of the c� portion of the Drive Aisle located on (1) the Fairfax Pike Parcel and on (2) real property commonly C known as 124 Fairfax Pike (Tax Parcel No. 85-A-148) which real property is also owned by Winchester, G� and (b) the removal of two (2) dumpster pads located on the Fairfax Pike Parcel (collectively, the N "Temporary Construction Easement Area"), all as shown on the Site Plan. -r— (b) The Temporary Construction Easement will terminate upon the earlier of (i) completion of construction of the Drive Aisle or (ii) the date that is three (3) years after the date of recording of this Declaration. (c) Subject to InSite becoming the Owner of the Town Run Lane Parcel, lnSite will construct the Drive Aisle in the Temporary Construction Easement Area as shown on the Site Plan. (d) Once commenced, any construction undertaken by 1nSite in reliance upon the Temporary Construction Easement, will be diligently prosecuted to completion, so as to minimize any interference with the business of Winchester on the Winchester Parcel. 2.4 Reasonable Use of Easements. Except in cases of emergency, the easements herein above granted shall be used and enjoyed by each Owner and its Permittees in such a manner so as to minimize disruption of the normal operation of a Parcel and the businesses conducted on each Parcel and to not unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees being conducted on its Parcel, including, without limitation, public access to and from said business, and the receipt or delivery of merchandise in connection therewith. Any installation, alteration, replacement or repair of any easement area as allowed herein shall be undertaken in a manner reasonably calculated to minimize the impact upon traffic circulation within the Property and access of all users to the various business establishments on the Parcels. Unless otherwise provided for herein, all Utilities installed by an Owner pursuant to the easements granted herein shall be installed, maintained, and repaired by such Owner without cost or expense to any other Owner or Permittee. 2.5 Omitted. 2.6 Restriction. Neither Owner shall grant or otherwise convey any easements in the Drive Aisle for the benefit of any property other than the Property without the prior written approval of the other Owner; provided, however, the foregoing shall not prohibit the grant or dedication of utility easements, but only as expressly permitted herein. 2.7 No Modifications. The Drive Aisle, including, without limitation, the curb cuts providing access to and from Town Run Lane and Stickley Drive, may not be modified or relocated without the prior written consent of each Owner, unless required by the governmental authority having jurisdiction over such matters. 2.8 Unimpeded Access. No barricade or other divider will be constructed nor shall any Owner do anything to prohibit or discourage the free and uninterrupted flow of pedestrian or vehicular traffic over the Drive Aisle; provided that an Owner will have the right to temporarily erect barriers as legally necessary, or for maintenance of such areas in the least restrictive manner and for the least restrictive duration as is reasonably necessary; provided, however, that prior to closing off.any portion of the areas burdened with the Drive Aisle, as provided in this Declaration, the Owner proposing such closure shall give 15 days written notice to the other Owner of its intention to do so and shall attempt to coordinate such closing with such Owner, so that no unreasonable interference in the passage of pedestrians or vehicles or the progression of construction on the other Parcels shall occur. 3. Maintenance. 3.1 General. Each Owner will maintain, at its sole cost and expense, the portion of the Drive ems-) Aisle located on its Parcel in a clean and neat condition and in good condition and repair consistent with C first class commercial developments of comparable size located in Frederick County, Virginia. W Maintenance of the Drive Aisle shall include, without limitation, maintaining, replacing and repairing the N surface of the Drive Aisle, removing all snow and ice and all papers, debris and other refuse from and tst periodically salting (as needed) and sweeping the Drive Aisle, to the extent necessary to maintain the same in a clean, safe and orderly condition and maintaining traffic markings, directional signs, lines and striping as needed. 3.2 Damage to Drive Aisle. Except as otherwise expressly provided in this Declaration, in the event of any damage to or destruction of all or a portion of the Drive Aisle on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild the Drive Aisle to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Declaration) provided that if the Owner or Occupant of a Parcel damages the Drive Aisle on the other Parcel, then the Owner or Occupant of the Parcel who committed the damage, shall immediately repair such portion of the Drive Aisle. 3.3 Utilities. Each Owner shall, at all times during the Term of this Declaration, construct, operate and maintain or cause to be constructed, operated and maintained, in good order, condition and repair in a manner consistent with a First Class shopping center, at its, sole expense, any utility or other installations serving the Parcel of such Owner and from time to time existing on the Parcel of another Owner pursuant to an easement described herein. 3.4 No Mechanic's Liens. Each Owner agrees, for itself and its successors and assigns in ownership of a Parcel, to protect the Drive Aisle and the other Owner's Parcel from mechanic's, materialmen's' and other liens arising in repair, use and maintenance of the improvements on such Owner's Parcel, and to indemnify and defend the other Owner and its successors and assigns from and against and with respect to any such liens and to cause any such lien to be removed by payment or bonding within thirty (30) days of recording thereof. 3.5 Illumination. As depicted on the Site Plan, each Owner hereby covenants and agrees to keep the Drive Aisle located on its Parcel fully illuminated each day from dusk until 11:00 p.m. All outside light fixtures and standards shall be comply with applicable governmental requirements and approved illumination plans. Notwithstanding the foregoing, the provisions of this Section shall be subject to such further restrictions as may be required by applicable governmental requirements. During the Term of this Declaration, each Owner grants an irrevocable license to each other Owner for the purpose of permitting the lighting from one Parcel to incidentally shine on any adjoining Parcel. It is recognized that Occupants within the Property may be open for business at different hours, and that an Owner may wish to have the lights illuminating the portion of the Drive Aisle on the other Parcel illuminated before or after the required time period. Accordingly, an Owner ("Requesting Owner") shall have the right, at any time, to require the Owner that controls the lighting on the other Parcel ("Requested Owner") to keep the Drive Aisle lights it controls operating as stipulated by the Requesting Owner, provided that the Requesting Owner notifies the Requested Owner of such request not less than fifteen (15) days in advance. The Requesting Owner shall state the period during which it wishes such lights to be kept operating and shall pay to the Requested Owner a prepayment as follows: (a) If the period is less than thirty (30) days, then the prepayment shall be one hundred ten percent (110%) of the reasonable cost for such additional operation (including electrical power, bulbs and manpower), as estimated by the Requested Owner; and (b) If the period is thirty (30) days or longer, then the prepayment shall be one hundred thirty percent (130%) of the reasonable cost for such additional operation (including electrical power, 4 bulbs and manpower) for thirty (30) days, as estimated by the Requested Owner, and the G-,) Requesting Owner shall renew such prepayment at the end of each thirty (30) day period. C w Upon the failure of a Requesting Owner to pay the estimated amount or renew a prepayment as N required hereby, the Requested Owner shall have the right to discontinue such additional lighting and to exercise any other remedies herein provided. Any such request for additional lighting may be withdrawn or terminated at any time by written notice from the Requesting Owner, and a new request or requests for changed hours of additional operation may be made from time to time. 4. Insurance. 4.1 Insurance Coverage. Throughout the Term of this Declaration, each Owner shall procure and maintain: (a) Commercial general liability insurance with coverage for premises/operations, products/completed operations, contractual liability (including contractual liability arising under the indemnity contained in Section 4.2 below) and personal/advertising injury, against all claims, demands, or actions for injury, death and property damage in an amount equal to not less than $1,000,000.00 each occurrence and $2,000,000.00 general aggregate naming each other Owner and any mortgage lender, if requested in writing by an Owner (provided the Owner obtaining such insurance has been supplied with the name of such other Owner or mortgage lender in the event of a change thereof) as additional insureds; (b) Automobile Liability including contractual liability coverage for all owned, hired and non -owned vehicles with a combined single limit not less than $1,000,000.00 single limit; (c) Workers' Compensation coverage for its employees with statutory limits and Employer's Liability coverage with limits of $500,000.00. Such limits shall increase by 5% on January 1, 2024 and every fifth (5th) anniversary thereof. Each Owner shall provide the other Owner with proof of insurance coverage within twenty (20) days after receipt of written request, provided that no Owner will be required to provide such proof to an Owner more than twice in any one calendar year. Each Owner's obligations to carry the insurance provided for herein may be brought within the coverage of so-called blanket policy or policies of insurance carried and maintained by Owner, provided the minimum coverage requirements specified herein shall not be reduced by reason of the use of such blanket policies of insurance. Each Owner shall have the right to maintain commercially reasonable deductibles and/or self -insured retentions in connection with any insurance carried by such Owner pursuant to this Declaration, as determined by each Owner in its reasonable business judgment. 4.2 Indemnity of Other Owner. Each Owner hereby indemnifies and saves the other Owner harmless from and against all claims, actions, damages, liability, expense (including reasonable attorneys' fees and court costs), suits and judgments arising from bodily injury, death or property damage (collectively, "Losses") occurring on or from any part of its Parcel, except if caused by the gross negligence or willful misconduct of the other Owner, its Occupants, Permittees, employees, agents or contractors. 5. Taxes and Assessments. Each Owner shall promptly pay all real estate taxes, special assessments, water charges, sewer rents and other governmental charges of any type levied or made by any governmental body or agency with respect to its Parcel, including portions of the Drive Aisle located within a specific Parcel (collectively, a "Tax"), the non-payment of which would give rise to a lien � superior to any other Owner's rights under this Declaration. Each Owner may contest, in good faith, the CD validity or amount of any Tax on its Parcel but upon final determination as to the validity and amount W N thereof, such Owner shall promptly pay the Tax. J 6. No Rights in Public; No Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Town Run Lane Parcel or the Fairfax Pike Parcel. No easements, except those expressly granted herein, shall be implied by this Declaration; in that regard, and without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied. 7. Remedies and Enforcement. 7.1 All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees (the "Defaulting Owner") of any of the terms, covenants, restrictions or conditions hereof, including the maintenance of the Drive Aisle, the other Owner shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. 7.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a Defaulting Owner to cure a breach of this Declaration, the other Owner may, (but shall not be required to) (i) if no emergency exists, perform the same after giving ten (10) days' written notice to the Defaulting Owner (unless within such ten (10) day period the Defaulting Owner shall commence the necessary action and thereafter diligently prosecutes such cure to completion), and (ii) in an emergency situation, perform the same with as much notice to the Defaulting Owner as is practical. The Defaulting Owner shall, on demand, reimburse the curing Owner for the reasonable cost thereof together with interest at the prime rate charged from time to time by JP Morgan Chase Bank, N.A. (its successors or assigns), plus two percent (2%), not to exceed the maximum rate of interest allowed by law (the "Interest Rate"). Notwithstanding the foregoing, in the event of (i) an emergency, (ii) blockage or material impairment of the easement rights, and/or (iii) the unauthorized parking of vehicles on a Parcel, an Owner may immediately cure the same and (other than in the event of the unauthorized parking of a vehicle on a Parcel by a customer or invitee of the Occupant of the other Parcel) be reimbursed by the other Owner upon demand for the reasonable cost thereof together with interest at the Interest Rate. An easement is hereby granted and reserved unto the Owners of the Town Run Lane Parcel and the Fairfax Pike Parcel for exercising the remedy provided for herein. In the event of an emergency resulting in damage to a Utility line, an Owner or Occupant has the right to enter upon the Parcel of the other Owner for the exercise of its right to repair the Utility line located on the other Parcel, provided that notice will provided as soon as possible. 7.3 Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to any Owner in enforcing any payment in any suit or proceeding under this Declaration shall be assessed against the Defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Parcel of the Defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Office of the County Recorder of Frederick County, Virginia; provided, however, that any such Assessment Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the Office of the County Recorder of Frederick County, Virginia prior to the date of recordation of said notice of lien, (iii) all leases entered into, whether or not 0 0 —v recorded, prior to the date of recordation of said notice of lien, and (iv) all mortgages or deeds of trust from lenders. All liens recorded subsequent to the recordation of the notice of lien described herein shall o be junior and subordinate to the Assessment Lien. Upon the timely curing by the Defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropriate Gp release of such notice of lien and Assessment Lien. 7.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity and the exercise of any one of such remedies shall not be deemed to be a waiver of any other right, remedy or privilege provided for herein. 7.5 No Termination For Breach. Notwithstanding the foregoing to the contrary, no breach of this Declaration will entitle any Owner to cancel, rescind or otherwise terminate this Declaration. The foregoing limitation will not affect, in any manner, any other right or remedy which any Owner night have by reason of any breach of this Declaration. No waiver of any default by a Defaulting Owner will be implied from the failure by any other Owner to take action in respect of any default by a Defaulting Owner. No express waiver of any default will affect any default by a Defaulting Owner or extend any period of time for performance by a Defaulting Owner other than as specified in such express waiver. One or more waivers of any default by a Defaulting Owner in the performance of any provision of this Declaration will not be deemed a waiver of any subsequent default in the performance of the same provision or any other provision by a Defaulting Owner. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise 7.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of Section 2 of this Declaration, each Owner agrees that such violation or threat thereof shall cause the non -defaulting Owner and/or its Permittees to suffer irreparable harm and such non -defaulting Owner and its Permittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of Section 2 of this Declaration, the non -defaulting Owner, in addition to all remedies available at law or otherwise under this Declaration, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of Section 2 of this Declaration. 7.7 Survival. The rights and easements granted under this Section 7 shall survive the termination or expiration of this Declaration for the purpose of performing and enforcing compliance with the provision of this Declaration. 8. Term. The easements, covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the office of the Frederick County, Virginia Recorder and shall remain in full force and effect thereafter in perpetuity ("Term"), unless this Declaration is modified, amended, canceled or terminated by the written consent of all then record Owners of the Town Run Lane Parcel and the Fairfax Pike Parcel in accordance with Section 9.2 hereof. 9. Miscellaneous. 9.1 Attorneys' Fees. If any Owner institutes any actions or proceedings against another Owner relating to the provisions of this Declaration or any default by a Defaulting Owner hereunder, the unsuccessful Owner in such action or proceeding will reimburse the successful Owner therein for the reasonable expenses of attorneys' fees and disbursements incurred by the successful Owner. 9.2 Amendment. Winchester agrees that the provisions of this Declaration may be modified 7 0 0 or amended, in whole or in part, or terminated, only by the written consent of all record Owners of the Parcels, evidenced by a document that has been fully executed and acknowledged by all such record o Owners and recorded in the official records of the County Recorder of Frederick County, Virginia. N 9.3 Consents. Wherever in this Declaration the consent or approval of an Owner is required, 1-0 unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing, (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. The consent of an Owner under this Declaration, to be effective, must be given, denied or conditioned expressly and in writing. 9.4 No Waiver. No waiver of any default of any obligation by any Owner shall be implied from any omission by the other Owner to take any action with respect to such default. 9.5 No Agency. Nothing in this Declaration shall be deemed or construed by either Owner or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 9.6 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 9.7 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original Owner or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for itself and its successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other Owner, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. 9.8 Severability. Each provision of this Declaration and the application thereof to the Town Run Lane Parcel and the Fairfax Pike Parcel are hereby declared to be independent of and severable from the remainder of this Declaration. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Declaration. In the event the validity or enforceability of any provision of this Declaration is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. Ownership of both Parcels by the same person or entity shall not terminate this Declaration nor in any manner affect or impair the validity or enforceability of this Declaration. 9.9 Time of Essence. Time is of the essence of this Declaration. 9.10 Entire Agreement. This Declaration contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 9.11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or 8 personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Owner may change from time to time their respective address for notice hereunder by like notice to the other C Owner. The notice addresses of InSite (once it becomes the Owner of the Town Run Lane Parcel) and W Winchester are as follows: Q InSite: STEPHENS CITY, VA (131 Town Run) LLC c/o InSite Real Estate, LLC 1400 16th Street Suite 300 Oak Brook, IL 60523 Attn: Chief Legal Officer Winchester: WINCHESTER CAPITAL GROUP, INC. 3050 Valley Avenue Suite 110 Winchester, Virginia 22601 Attn: Thomas G. Scully, Jr. 9.12 Governing Law. The laws of the State in which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Declaration. 9.13 Estoppel Certificates. Each Owner, within twenty (20) day of its receipt of a written request from the other Owner, shall from time to time provide the requesting Owner, a certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge, whether any Owner is in default or violation of this Declaration and if so identifying such default or violation; and (b) that this Declaration is in full force and effect and identifying any amendments to the Declaration as of the date of such certificate. 9.14 Bankruptcy. In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Declaration shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. END OF TEXT — EXECUTION PAGE TO FOLLOW i l� IN WITNESS WHEREOF, the Winchester has executed this Declaration as of the date first cG-) written above. o W W WINCHESTER CAPITAL GROUP, INC., a Virginia corporation By:4;RA Name: Its: u i $] -o C COMMONWEALTH OF VIRGINIA ) ca ) SS C OF jr) GJ N �,�- The undersigned,, a Notary Public the county aforesaid, does hereby certify that I�LD� -a � I the ;j ; A1e _1 of WINCHESTER CAPITAL GROUP, INC., a V rginia corporation, is personally known to me to be the person whose name is subscribed in the foregoing instrument, app d before me this f ay in person and acknowledged that he/she signed said instrument as such.t.�,� o[ r9—f— of said corporation, pursuant to the authority given under the By -Laws of such corporation, and as a free and voluntary act of said corporation, for the purposes therein sit forth. Given under my hand and notarial seal this dj ray of 2,jUQ�,& �2�1 My commission expires: L ��•'•NOTARY ''•�p PUBU REG. #7010794•�: MY COMMISS{0N C5, . ; ¢ ` ;.•t P ES �C� I� -a SCHEDULEI t� W LEGAL DESCRIPTIONS OF THE TOWN RUN LANE PARCEL C-0 t� All of those lots or parcels of land located in Frederick County, Virginia, and more particularly described as follows: 0.9967 Acres, more or less, as shown on the plat entitled "Exhibit Showing Boundary Line Adjustment of the Lands of North Star Enterprises LLC and Winchester Capital Group, Inc., Opequon Magisterial District, Frederick County, Virginia" dated September 13, 2016 by Marsh & Legge Land Surveyors, P.L.C. attached to the Affidavit for Boundary Line Adjustment recorded as Instrument Number 160010652 and the Deed of Boundary Line Adjustment and Deed of Gift of Exchange dated October 13, 2016 recorded as Instrument Number 160010653 in the Clerk's Office, Circuit Court, Frederick County, Virginia. Tax Parcel No.: 85-A-148F Property Address: 131 Town Run Lane, Stephens City, Frederick County, Virginia 12 SCHEDULE2 p W LEGAL DESCRIPTION OF THE FAIRFAX PIKE PARCEL W Ew- All that certain tract or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 2.8172 acres, and more particularly described on the plat of survey drawn by Douglas C. Legge, L.S., dated December 14, 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 931, at Page 228. Tax Parcel No.: 85-A-148E Property Address: 118 Fairfax Pike, Stephens City, Frederick County, Virginia 13 —c SCHEDULE 3 t� SITE PLAN W CJl O 0 M m w . ' 00, `. >En / m r i r. L i it 1�r u r _ _ .:�' n '• R"y �' = m \ �•` w VIRGINIA: FREDERICK COUNTY. SCC: Ibis instrument of writing was produced to me on 14 I - I 1 . zdI'1_at L4! al Qm and with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of S,1 1J___ , and 58.1.801 have been paid, if assessable 4e'ew 4/10'v , Clerk Receipt:19000001164 COURT ADDRESS: 5 NOPTH KENT STREET WINCIIESTER, VA 22601 PHONE # :540-667-5770 DATE : 01/17/2019 TIME : 16:27:26 RECEIPT # : 19000001164 TRANSACTION # : 19011700090 CASHIER: KJS REGISTER # : B700 INSTRUMENT: 190000519 BOOK: GRANTOR: WINCHESTER CAPITAL GROUP INC GRANTEE: STEPHENCITY VA (131 TOWN RUN) LLC RECEIVED OF : BUTLER ADDRESS: DATE OF DEED: 01/17/2019 CHECK: $36.00 DESCRIPTION 1 : OF DIST 2:2PARCELS CONSIDERATION : $0.00 A/VAL : $0.00 .vcrr, OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT CASE # : 069CLR190000519 FILING TYPE : DE PAGE: RECORDED: 01/17/2019 EX: N EX : N ACCOUNT DESCRIPTION PAID CODE 035 VOF FEE S1.00 106 (TTF) TECHNOLOGY TRUST FUND FEE (CIRCUIT COURT) $5.00 PAGES : 012 MAP: MISC Page 1 o/ 1 PAYMENT : FULL PAYMENT AT : 16:27 LOC : CO PCT : 100% OF:0 NAMES:0 PIN : ACCOUNT CODE DESCRIPTION PAID 145 VSLF $1.50 301 DEEDS $28.50 TENDERED : $ 36.00 AMOUNT PAID: $ 36.00 r1 • PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 ` .410., • 9 1 2. SITE PLAN APPLICATION r� Office Use Only Application Received: a� - Application C C» C Fees Received: �, 1 Receipt #: �J a Initials: Project Title: Starbucks - Stephens City Project Description: Proposed restaurant with drive-thru, and access road on adjacent property. 3. Location of Property: Approx 300 ft southwest of intersection of Town Run Lane and Fairfax Pike (Street address) 131 Town Run Lane, Stephens City, VA 22655 4. Applicant/Designer: Name: Kimley-Horn and Associates Telephone: 703-674-1317 Primary Point of Contact: Chris Howell, PE email: chris.howell@kimley-horn.com Address: 11400 Commerce Park Drive, Suite 400 Reston, VA 20191 5. Property Owner (if different than above): Name: InSite Development Services, LLC Telephone: 630-617-9100 Address: 1400 Sixteenth Street, Suite 300 Oak Brook, Illinois 60523 6. Property Information: a. Property Identification Number: 85 A 148F b. Total acreage of the parcel to be developed: 1 acre C. Total disturbed area of the parcel: 1.23 acre d. Present Use: Restaurant e. Proposed Use: Starbucks Restaurant with drive-thru i Magisterial District(s) Opequon 8 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 II No JJ_ If yes provide all previous site plan numbers: 8. Zoning Information: a. Current Zoning: B-2, General Business District b. Was this property Rezoned? Yes F] No ✓ C. If yes provide the rezoning number for this property: d. Are there any proffers for this property? Yes No ✓ e. Has a MDP been approved for this property? Yes No IVI £ If yes provide the MDP number for this property: 9. Adjoining property zoning and use: USE North Commercial East Commercial South Commercial West Residential 1-IN ZONING I have read the material included in this package and understand what is required by the Frederick County Plamling Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Chris Howell Digitally signed by Chris Howell DN: cn=Chris Howell, -US, emai I=ch ris. howell@ki mley-horn.com Date: 2018,09.21 10:30:49-04'00' Name (Printed): Chris Howell, P.E. Date: September 21, 2018 9 • ki Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www1eva.us Department of.Planning & Development, County. of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone ($40) 665-5651 Facsimile (540) 665=6395 Know All Men By These Presents: That I (We) Winchester Capital Group, Inc. (Name) Thomas G. Scully, Jr., President (Phone) 540-667-4220 (Address) 3050 Valley Ave., Suite 110 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. 6311 on Page N/A , and is described as Parcel: 85 Lot: 148. Block: P Section: N/A Subdivision: NIA do hereby make, constitute and appoint: (Name) Chris Howell (Phone) (703) 674-9438 (Address) 11400 Commerce Park Drive, Reston, VA 0191 To act as my true and lawful attorney =in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) 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 e In witness thereof, I Ave) Signature(s) one year from the day it is signed, or until it is otherwise rescinded or modified. �eret+t nK(M) hapd and seal this IL'-, day of Se,124g— ,ber- , 2019 , State of Virginia, City/C-ounty of VJ i n ch es To -wit: I, Lor-i k 1-zarr,�y , a Notary Public in and for the jurisdict cxi� mesa d,nN certify that the person(s) who signed to the foregoing instrument personally appeared before x�Y�'ah1�Y ''• acknowledged the same before mein the jurisdiction aforesaid this 12ah day of e , 20 18_.: , PUBLIC . REG. #138718 - COMMISSION iAul' a, JOA//Lj1 My Commission Expires: Ntckrch aQ-1d--FX Q " Notary Public .� Ri 9 ' c, r'����F4 I TtJ •cif � �\ 99&11L� a Review Checklist Frederick County, Virginia Department of Public Works I I Subdivision/Site Plan Name: Starbucks - Stephens City Engineer/Surveyor Name: Kimley-Horn and Associates Engineer/Surveyor Phone: 703-674-1317 Tax Map (PIN): 85 A 148F yrcrn� Note: Provide sheet number(s) for each item or indicate if not applicable. Requirements Sheet N/A FC Check Provide a note pertaining to temporary and permanent stabilization of denuded C-152 areas. Provide a note pertaining to stabilization requirements for soil stockpiles. C-152 Provide a note stating that vegetative stabilization shall be uniform, mature C-153 enough to survive and adequate to inhibit erosion. Provide sediment trapping facilities as the first phase of land disturbing activity. X Provide a note requiring that dams, dikes and diversions be stabilized X immediately after construction. Sediment traps and basins shall be installed if necessary and in the correct X location. Basins shall maintain structural integrity during 100-year 24 hour storm event. (§79-3.A.1 Frederick County Code). Cut and fill slopes shall be adequately stabilized. Fill slopes steeper than 3:1 will X require a slope stability analysis and maintenance plan. Provide adequate temporary or permanent channel, flume or slope drain for all X concentrated runoff down cut or fill slopes. Provide adequate drainage or other protection whenever water seeps from a X slope face. Provide adequate inlet protection for all operational storm sewer inlets. C150 - C153 Provide adequate channel protection for open conveyance and receiving C-152 channel, provide adequate outlet protection for pipes and channels. Provide measures to minimize channel damage when conducting in -stream X construction. Install temporary stream crossings of non -erodible material X All applicable federal, state and local regulations pertaining to working in or X crossing live watercourses shall be met - all applicable permits shall be submitted with Land Disturbance application (§79-3.A.2 Frederick County Code). Provide a note stating that the bed and banks of a watercourse shall be X stabilized immediately after work in the watercourse is completed. Provide appropriate notes regarding trenching practices in accordance with C-451 4VAC50-30-40 subsection 16. 0 Requirements Sheet N/A FC Check Provide a note requiring cleaning/removal of any sediment on public or private C150 - C153 roadways. Provide a note requiring that all temporary controls be removed within 30-days C150 - C153 once no longer needed; trapped sediment must be removed and stabilized. Provide adequate protection from erosion and sediment deposition for C150 - C153 downstream properties and waterways. Demonstrate that concentrated stormwater runoff leaving the site discharges C310 - C320 directly into an adequate natural or manmade channel. Demonstrate that two (2)-year runoff from the site does not overtop banks of X natural channels and does not cause erosion. Demonstrate that discharge into the previously constructed man-made channels C150-C153 are not overtopped by a ten (10)-year storm and the two (2)-year storm does not cause erosion Demonstrate that closed storm sewer systems contain the ten (10)-year storm. C-153 Provide calculations and show ten (10)-year HGL in the storm sewer profiles. If offsite improvements are proposed, provide evidence of obtained easements, C-200 etc. Provide an analysis of the existing and ultimate characteristics of the watershed. C310 - C320 Provide responsible party and maintenance plan for the proposed detention C-152 facilities to include access, what is to be maintained?, how often?, who pays? Provide energy dissipaters at the outfall of all detention facilities. C310 - C320 Provide calculations demonstrating that onsite ditches are adequate. X All sheet flow leaving the site shall be at or below pre -developed rates or it must C310 - C320 be diverted to an adequate channel, pipe system or detention facility. All calculations and assumptions shall pertain to the entire development and its C310 - C320 ultimate build -out. All measures utilized shall minimize the impact on waters of the State. C310 - C320 Project description - Describe the nature and purpose of the land disturbing C310 - C320 activity and area (acres) to be disturbed. Existing Site Conditions - Provide a description of the existing topography, C-100 vegetation and drainage. Adjacent Areas - Provide a description of neighboring areas such as streams, C-100 lakes, residential areas, roads, etc., which might be affected by the land disturbance. Off -site areas - Describe any off -site land -disturbing activities that will occur. C-200 Soils - Provide a brief description of the soils on the site giving such information C-150 as soil name, mapping unit, erodibility, permeability, depth, texture and soil C-151 structure. Geology - Provide a brief description of the geology on the site related to C150 - C152 construction; i.e. methods of removal, use as engineered fills, Karst potential, etc. Requirements Sheet N/A FC Check Critical areas - Provide a description of areas on the site which have potentially serious erosion problems. C150 - C152 E&S control measures -Provide a description of the methods which will be used to control erosion and sedimentation on the site. C150 - C152 Permanent stabilization - Provide a brief description, including specifications, of how the site will be stabilized after construction is completed. C150 - C152 Stormwater runoff narrative - Will the development of the site cause an increase in peak runoff rates? Will it cause flooding? Describe the strategy to control stormwater runoff. C-310 Calculations -detailed calculations for the design of temporary sediment basins, permanent stormwater detention basins, diversions, channels, etc. Include calculations for pre- and post -development runoff C-310 Provide a vicinity map. C-000 Provide a North arrow and scale on all plan sheets. All Delineate the proposed limits of clearing and grading. C150 - C152 Show and label existing contours. C-100 Show and label final contours. C-300 Show existing vegetation. C-100 Show boundaries of different soil types. C150-C151 Show existing drainage patterns including the acreage of each drainage area. C-310 Label areas with potentially serious erosion problems. X Show and label all proposed site improvements. C-200 Label all storm pipe systems on grading plan sheets (pipe size, material, structure numbers). C-300 c:-ann Show elevations for the proposed basement floor, first floor and garage slab for all buildings and finished grade elevations at building corners. C-300 Show location of all retaining walls with elevations for proposed top and bottom of walls. C-300 Conveyance system protection and flood protection analysis provided at every discharge point of concentrated flow originating from site improvements. C-320 Show location of all erosion and sediment control measures using VESCH standard symbols. C150 - C151 Show all off -site land disturbing activities and erosion and sediment control measures. Provide letter of permission or show temporary construction easements as necessary. C150 - C151 Provide stage -storage, stage -discharge and routing data for all SWM/BMP ponds. C-310 Provide VRRM spreadsheet data. C-311 Requirements Sheet N/A FC Check Drainage area map showing individual and cumulative drainage area C-310 contributing to each point of concentration. C-320 Provide a maintenance schedule including regular inspection and repair of C-152 erosion and sediment control measures. Provide the Responsible Land Disturber signature block on the plans. C-000 Provide a seeding schedule in accordance with VESCH standard 3.31 and 3.32. C-153 Provide a 20-foot drainage easement for all concentrated flows within on- or off- X site residential lots. Provide a minimum of 2% slope on grass channels. If less than 2%, provide an X alternative design. Any area in which drainage collects from more than three (3) lots shall be X placed within a platted drainage easement. All silt fence shall be wire reinforced. C-153 Drop Inlets in areas accessible to the public will require an appropriately sized X grate opening. Please specify the grate type in the plans. Ensure that the backwater condition for the post -developed 100-year storm X does not impact adjacent properties. Show the location and extent of the overland relief flow paths provided for SWM X conditions and to clear buildings for the 100-year storm. Provide the dewatering structure details for the proposed sediment basins. The X details shall include elevations, type of structures, pipe sizes, etc. Chris Howell '" `° �•HM�� Engineer's Signature 9/21 /2018 Date Transmittal Date: 09/21/2018 Job Number: 110588000 Project Name: Starbucks - Stephens City To: Tyler Klein, Frederick County Dept. of Planning & Development 107 North Kent Street Second Floor Winchester, VA 22601 (540) 665-5651 We are sending these by. U.S. Mail ❑ Other: We are sending you ®Attached Shop Drawings ❑ Other: ® FedEx n Hand Deliver ❑ Under separate cover via ❑ Prints/Plans Samples Copies Date No. Description 11400 Commerce Park Drive Suite 400 Reston, Virginia 20191 TEL (703) 674-1300 FAX (703) 674-1350 the following items: Specifications 0 Change Orders 6 09/21/18 1 Site Plan (4/6 plan sets to be distributed to review agencies at 107 Kent St) 1 09/21/18 2 Cover Sheet 1 09/21/18 3 Special Limited Power of Attorney Form 1 09/21/18 4 Site Plan Application 1 09/21/18 5 Request for Site Plan Comments from Planning and Development 3 09/21/18 6 Request for Site Plan Comments from Public Works, Health, Dept, Building Inspections 1 09/21/18 7 Review Fee Check These are transmitted as checked below: For your use Approved as submitted Resubmit R Copies for approval As requested Approved as noted ® Submit ® Copies for distribution ❑ For review and comment Returned for corrections Return 0 Corrected prints i a Racument Appf-ox"aj FQr'n, PLEASE REVIEW THE ATT,4. HED LyOCUMEIV i IF TPITSDC}CtJME�I' 1fvfEETS YOUR YO UR APPRO VAL PLEASE LIVrTLAL, AX7D PRO VIBE THE DA TE ANY TLTi�E OF APPROVAL. VA Lai tiafs gate & Time Candice Afark Rave ----_._— Tyler , I Mike r.h. COMMENTS.-_ S? Received bY Clerical Staff (Date & (S.Omce on BIackboxtPormsWocument Approvst Form—61711016) 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, 2nd 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) copies of the Site Plan with this sheet. Applicant's Name: Kimley-Horn and Associates Telephone: 703-674-1317 Email Address: chris.howell@kimley-horn.com Mailing Address: 11400 Commerce Park Drive Suite 400 Reston, VA 20191 Name of development and description of the request: Starbucks - Stephens City. Proposed Starbucks with drive-thru and an access road connecting Town Run Lane and Stickley Drive Location of Property: PIN 85 A 148F 131 Town Run Lane Stephens City, VA 22655 Department of Planning & Development Comments: 3P 4 aqq? Date Received Date Reviewed Revision Required Signature & Date: -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 16