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HomeMy WebLinkAbout36-16 Winchester South LLC Restaurant - PIN 76-A-53J - Shawnee - BackfilePlease note: The site plans associated with this file are located in the file room. NOTES RECEIPT RECEIVED FROM DATE ( No. 541126 ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AMT r ' CHECK I CA) PAID (�� 1 BALANCE MONEY DUE ORDER Comment Sheets: GIS Sanitation Authority Inspections Public Works Parks & Rec Health Dept. i i OPEN FILE: 11 I 1 �e 11 � �c a cU CLOSE FILE: 3 �R ► rl Vial a7 /i Sys ID # - Updated 3113114 SITE PLAN TRACKING SKEET VDOT Winchester Stephens City _ Middletown Airport Fire One copy of Site Plan application form Payment of site plan review fee One reproducible copy of Site Plan File Opened Reference Manual updated/number assigned D-base updated Application Action Summary updated Approved (or denied) letter mailed to applicant/copy to file and cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated rA Application Action Summary updated FREDERICK COUNTY DEPARTMENT OF PLANNING & DEVELOPMENT Site Inspection Form INSPECTION OF ROADS, DRIVEWAYS & TRAVEL AISLES (Check when completed - note all incomplete work): Street & Traffic Signs Sidewalks & Lighting Striping Dimensions Surface Material Overall Layout Inspector Inspector /1 INSPECTION OF PARKING, MANEUVERING AREAS & LOADING ARRAS Number of Spaces Striping Surface Material ��— Comments Date Verified Incomplete Date Verified Complete /l Z-:: /-7 (Check when completed - note all incomplete work): Sidewalks & Lighting Dimension of Spaces Overall Layout Date Verified Incomplete Inspector Inspector.. Date Verified Complete INSPECTION OF LANDSCAPING IMPROVEMENTS (Check when completed - note all incomplete work): Number of Trees Z'— Number of Shrubs Size of Plants Species of Plants Soil Stabilization Seeding Screens Overall Layout Inspector Inspector Date Verified Incomplete _ Date Verified Complete /C ` ,% INSPECTION OF OTKER INPROVEHENTS (Check when completed - note all incomplete work): Setbacks Recreational Facilities Proffered Conditions Preservation Areas Signs Curb & Gutter Comment s �l / tY7C T 1 �f ti ( L % Inspector 1 '` Inspector - Date Verified Incomplete 1L 2 Date Verified Complete _ op ' S),LIA,14913' -- 'Signature Data of App a,al. f -UVIIZ f C ,� ;�:rcl%7:6s3C1.C1 1'T 11111a)it _.. -_... Is s:Lte ap�]r _t x2t'�TtcerlL C]%�, a mC1:e.Lar}r +31 _ < ' {. „ lil'71"Qi 71CI11 J 17J (f C':. oII Ci1j U IP Ill L3 :; C- L J[71T t f . �. CJU 1 ",I I1tEE,. IIl dCiCit t7 [�f1,.. i-7.� xc'.�-PVItv' ,i E?I d�NC7G7P1 `Jfld �i prol t � e I117,11 f;(CI� appl'o4,,1 1 of Llacse a,lenci:zov.zdea below o.1 do mr_r.t�icaon i��ti uses.! tine hlarahad: Vi�'cj7.I:la Ue}]�3rkmerlt, .,t,'[rans��q,,t,t:_i.ou J31::1:1 ng Lns�i]er;t _.o: s _ S &t itat ion e ul YioriLJ - -- -- publ:_ c Woc'19 C a t �' %.t YLI.Itr]n �i e7 - tt larks & Per;rc�at.ae,n F?I.ease r3a.i e Fi .'rrt teal lurlan 'x7 1. site tvCr]- �s COHTJ1e '° '�` Ali' .r� lev�ln rRv:i.`eEv �Igenc ��� h<<v,r 1711%cued) Date: Mono tary Gxlarantee Re.te�:sed I t.i �iaxa COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 30, 2017 Michael M. Artz Pennoni Associates Inc. 117 East Piccadilly Street Winchester, VA 22601 Re: Approval of Site Plan #36-16; Winchester South Marketplace — Lot 2 Restaurant Property Identification Number (PIN): 76-A-53J Dear Mr. Artz: The above -referenced site plan was approved on March 29, 2017. The site plan is approved for a 1,977 square foot (SF) fast food restaurant (Burger King) with a drive-thru window. The site also will include 29 parking spaces, including two handicapped spaces, landscaping and screening, and a monument type sign in B2 (General Business) Zoning District in the Shawnee Magisterial District. All requirements of the Frederick County Zoning Ordinance have been met in the approved site plan, including review agency comments from all relevant review agencies. I am providing you with three (3) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on -site inspection. Do not hesitate to contact me if you have any questions or concerns. Sincerely, M. Tyler Klein, AICP Planner MTK/pd Attachments cc: Gene E. Fisher, Shawnee District Supervisor Lawrence Ambrogi & H. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Winchester South, LLC, 1 West Pennsylvania Ave, Towson, MD 21204 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Pam Deeter From: Mail Delivery System <MAILER-DAEMON@co.frederick.va.us> To: gfisher@su.edu; lawbrogi@gmail.com; hpmanuel@comcast.net Sent: _ Thursday, March 30, 2017 2:19 PM Subject: Relayed: site plan approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: gfisher@su.edu lawbrogi@gmail.com hpmanuel@comcast.net Subject: site plan approval 1 FRED ,K COUNTY SANITATION A*-30RITY l FE PLAN REVIEW COMMEN 1 PO Box 1877, Winchester, VA 22604-8377 315 Tasker Road, Stephens City, VA 22655 540.868.1061 voice 540.868.1429 fax Project lJ►V L . S�Ih'r.N �I�IT11i� IyO�I ��- �yif&hpb Applicant Itih�?f REVIEW STATUS /f attention MZtZ �I�� review number 1 l correct & resubmit approved as not number of items to be corrected / approved You may submit just cover sheet and the revised sheets. DRAWINGS send me by 1. print of sheets 2. two CDs: each disc shall contain the following plan sheets c 7 �ZA GS 1-7 I 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 (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be in its own file and each sheet shall be titled with the project name and with the appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its o gaper envelope. jj EASEMENTS X .� 0 of Q/N A copy of the recorded onsite FCSA easement(s) is/are required. MWI" CML� kot� e y !d oy N A copy of the recorded offsite FCSA easement(s) is/are requi d. o The easement document shall contain a plat and both shall be sign a uthority. o The Authority requires specific language in its deed of easement. o Contact this office 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 ,9 This project also requires DEQ - Valley Region Office approval. Y© This project also requires VDH — Lexington Field Office approval. X9��..// This project also requires VDH — Lexington Field Office — Project Summary Report. BY DATE FOR DRAWINGS ABOVE, see VDH website for form OThis project has a sewer pump station that FCSA will own. Title to the pump station site shall be granted to the Authority 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 FCSA approved O & M manual are required. These documents must be received before service will be authorized. Date: /L • W Earl W. Wiley — Enginee ' g Assistant S1 P 'M6 • Frederick County Department of Fire and Rescue Office of'the Fire Marshal 1080 Cuverstone Drive Winchester, FA 22602 (540) 665-6350 Far: (540) 678-4739 Ejna!1,-fma{dfcva.ris Plan Review & Comments Date Received 111712017 Plan/Permit Type Name Burger King Address Maranto Manor DR Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access; Hydrant Location: Siamese Location: Fire Lanes Required; Plan Approval Status Site Plan Revision 01-17-17 Winchester New Restaurant Construction Pennoni Associates 544-667-2139 Ad i ate Inadequate N/A A0gc6te Inadequate N/A Adequate Inadequate � N-F,' No NIA i,Ye19 Approve 46 SCANNED Date Reviewed 1124/2017 VA 22602 Comments Area hi-iited in orange shall have a "No Parking Fire Lane" sign installed and Area hi-lited In yellow shall i>e striped in yellow Signature: Reviewed By: Kenneth Scott, Jr. Title: Z 0 REQUEST FOR SITE PLAN COMMENTS • Request for Street Name Comment Mail to: Frederick County Information Technologies, GIS Division Attn: GIS Manager 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: \� Frederick County Information Technologies, GIS Division 107 North Kent Street, 1 "Floor Winchester, Virginia 22601 Phone: (540) 665-5614 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 Mailing Address Pennoni Associates Inc. 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 Name of development and/or description of the request: Winchester South Lot 2 Restaurant Location of Property: M 1 nn��L w+r_ . r- GIS Manager Comments- r Telephone: 540-667-2139 "ir4r 1 Clv� r=�'fli ��s �5 �b� `f cl�rn�e ante- pAr ec -GIS MANAGER USE ONLY - Date Received L I ` Review Numbcr�l 2 3 4 5 (circle one) Date Reviewed Revision Required AJo Date Approved _V-Z/ Signature & Date: a ** Please Return Form to Applicant** 17 REQUEST FOR SITE PLAN COMMENTS 10 Virginia Department of Health Mail to: Virginia Department of Health Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: 2 "d Floor - Suite 200 107 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 %%ith their review. Please attach one (1) copy of the Site Plan with this sheet. Applicant's Name: Pennoni Associates Inc. Telephone: 540-667-2139 Mailing Address: 117 E. Piccadilly street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Winchester South Lot 2 Restaurant Location of Property: Corner of Rt. 522 (Front Royal Pike) and Maranto Manor Drive Health Department Comments: IA DETAR'I'NIENT OF 11EAL'1'II USE ONLY - Date Reeri�r�l M k tit Review Number6'2 3 4 5 (circle onel Date Rey tcmed l �M Revision Required Date Approved ( 17' Signature & Date: ** Please Return Form to Applicant** ,, I t r' ►' `.__ REQUEST FOR SITE PLAN CONIlUENTC) jc6) Q S Frederick County Inspections Department Comment sw„, 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, 2"d Floor Winchester, Virginia 22601 Phone: (540) 665-5650 LAplicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their iew. Please attach two (2) copies of the Site Plan with this sheet. Applicant's Name: Pennoni Associates Inc. _ Telephone: 540-667-2139 Attn: Mike Artz Mailing Address: 117 E. Piccadilly street Suite 200 RECEIVED Winchester, VA 22601 NOV 0 1 2016 Name of development and/or description of the request: �uali�'k�'& qt Winchester South Lot 2 Restaurant L+tlort� Location of Property: Corner of Rt. 522 (Front Royal Pike) and Maranto Manor Drive lnspe 'ons Department Comments: C -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received 1 1 I 1 to Review Number 1 2 3 4 5 (circle one) Date Reviewed likkT11L.�_ Revision Required Date Approved Signature & Date: rT" l///al/ 4 ** Please Return Form to Applicant** 18 • Buildings shall comply with The Virginia Uniform Statewide Building Code 2012, section 303 - A,Assembly Use Group and Section 304, B-Business Use Group. Other Code that applies is ICC/ANSI Al17.1-09 Accessible and Usable Buildings and Facilities and International Energy Code 2012. Structural plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012 Handicap parking shall comply with ANSI A117.1-09. Van accessible parking/unloading shall have a minimum of I l' 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 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 Al 17.1-09. Curb ramps shall comply with Section 406 ANSI A 117.1-09. 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. Grease trap located on plans S:\Site Plan comments\2012\Assembly, Burger King.doc 0 0 1\ COUNTY of FREDERICK January 11, 2017 Mr. Mike Artz Pennoni Associates, Inc. 117 East Piccadilly Street Suite 200 Winchester, VA 22601 RE: Winchester South Market Place Lot 2 Restaurant Frederick County, Virginia Dear Mr. Artz: Department of Public Works S40/665-S643 FAX: 540/678-0682 Your memorandum dated January 5, 2017 and the associated revised drawings have adequately addressed our previous review comments dated December 21, 2016. Based on our telephone conversation on the above date, we understand that your subdivision plat will show the temporary grading easements required to facilitate the proposed site plan. Please provide this office with a copy of this plat for our project records. Sincerely, *QMzr- tw"� Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 u Karen Flynn From: Mike Artz Sent: Thursday, February 02, 2017 12:39 PM To: Karen Flynn Subject: FW: Winchester South Lot 2 Burger King, Frederick County Attachments: WINCHESTER SOUTH LOT 2 BURGER KING 4.pdf Mike Artz Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: 540-771-2092 www.aennoni.com I martz@Pennoni.com From: Smith, Matthew, P.E. (VDOT) [mailto:Matthew.Smith(dvdot.virginia.gov] Sent: Thursday, February 02, 2017 12:35 PM To: Mike Artz Cc: Candice Perkins; Funkhouser, Rhonda (VDOT) Subject: Winchester South Lot 2 Burger King, Frederick County Mike, A VDOT review has been conducted on the Site Plan for the Winchester South Lot 2 Burger King with the latest revision attached. Based off of the review of the attached drawing, 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: • 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 and surety bond coverage. • Please provide one hard copy and one electronic copy of the plans to this office for file and permitting. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties r • 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 From: Mike Artz [mailto:martzC&Pennoni.com] Sent: Thursday, February 02, 2017 11:54 AM To: Smith, Matthew, P.E. (VDOT) Subject: 3360 Valley Avenue Matt, Attached is the revised sheet 4 that shows removal of the barrier and addition of the note for the Temporary drive to remain in place until the remainder parcel is developed. Mike Mike Artz Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: 540-771-2092 www.oennoni.com I martz@Pennoni.com A Pen�no P PARTNERS FOR WHAT'S POSSIBLE e. - 9 A OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 03/28/17 TIME: 15:55:30 ACCOUNT: 069CLR170003067 RECEIPT: 17000006180 CASHIER: KJS REG: WE17 TYPE: DV PAYMENT: FULL PAYMENT INSTRUMENT 170003067 BOOK: PAGE: RECORDED: 03/28/17 AT 15:55 GRANTOR: WINCHESTER SOUTH LLC EX: N LOC: CO GRANTEE: FREDERICK COUNTY SANITATION AUTHORITY EX: N PCT: 100% AND ADDRESS : RECEIVED OF : PENNONI ASSOC/COUNTER DATE OF DEED: 03/27/17 CASH: $35.00 DESCRIPTION 1: SH DIST �. PAGES: 14 OP: 0 2: EASTGATE COMMERCE CENTER, LOT 2 NAMES: 0 CONSIDERATION: .00 A/VAL: .00. MAP. 76-A-53J PIN:. 301` DEEDS 28.50 145 VSLF '; 1.50 106- TECHNOLOGY TRST FND 5.00 ` TENDERED 35.00 -AMOUNT PAID: 35.00 CHANGE AMT .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 1'70003067 PREPARED BY: Bryan H. Guidash, VSB No. 32944 Walsh, Colucci, Lubeley & Walsh, P.C. 4310 Prince William Parkway, Suite 300 Prince William, VA 22192 PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION J DO J J Tax Asap No.: 76-A-53J Lot 2, Eastgate Commerce Center DEED OF SUBDIVISION. EASEMENT, VACATION AND SUBORDINATION THIS DEED OF SUBDIVISION, EASEMENT, VACATION AND SUBORDINATION (this "Deed") is made this;*day of Marc'k-1 2017, by WINCHESTER SOUTH. LLC, a Maryland limited liability company, GRANTOR and GRANTEE, party of the first part (hereinafter referred to as "Winchester South"); FREDERICK COUNTY SANITATION AUTHORITY, GRANTEE, a body corporate and politic, party of the second part (hereinafter referred to as "Authority"); TIMOTHY A. LASCKO. TRUSTEE and CECELIA A. HODGES. TRUSTEE, any one of whom may act, TRUSTEES, parties of the third part (collectively, hereinafter referred to as "Trustees"); and MANUFACTURERS AND TRADERS TRUST COMPANY, NOTEHOL.DER, party of the fourth part (hereinafter referred to as "M&T") WITNESSETH: WHEREAS, Winchester South is the owner of that tract of land identified with Frederick County Tax Map Number 76-A-53J and known as Lot 2, Eastgate Commerce Center (hereinafter the "Property"), being a portion of that land transferred to Winchester South by special warranty deeds recorded as Instrument Numbers 070017757 and 070017758 among the land records of Frederick County, Virginia (hereinafter, the "Land Records"), which Property is located in the • G7 N v a Shawnee District, Frederick County, Virginia, as said Property is more particularly described and set forth on a plat prepared by Pennoni Associates, Inc., entitled "Final Plat, Subdivision of Lot 2 Eastgate Commerce Center", dated September 20, 2016, attached to this Deed and incorporated herein by reference (hereinafter "Plat"); and WHEREAS; by Deed of Trust and Assignment of Leases, Rents and Contracts (hereinafter, "Deed of Trust"), dated November 22, 2016 and recorded as Instrument Number 160011862 among the Land Records (hereinafter "Deed of Trust"), the Property was conveyed to Trustees, securing M&T, and it is the desire of Trustees and M&T to execute this Deed evidencing consent thereto and to subordinate the lien of the Deed of Trust as it applies to the easements created and dedicated herein on the Property; and. WHEREAS, it is the desire of Winchester South to subdivide the Property creating Lot 2A and Lot 2B, Eastgate Commerce Center, as set forth on the Plat; and WHEREAS, it is the desire of Winchester South to create and establish various easements on the Property, as set forth on the Plat; and WHEREAS, it is the desire of Winchester South and the Authority to vacate and terminate portions of an existing water and sewer easement, as set forth on the Plat. NOW, THEREFORE, THIS DEED WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Winchester South does hereby subdivide the Property, creating Lot 2A and Lot 213, Eastgate Commerce Center, as set forth on the Plat. This subdivision is made with the consent and approval of the appropriate authorities of Frederick County as evidenced by the 2 • 0 N J signatures and stamps set forth on the Plat. The platting and dedication of the aforementioned lots is with the free consent and in accordance with the desire of Winchester South as evidenced by the signature set forth below. THIS DEED FURTHER WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Winchester South does hereby grant and convey unto the Authority, its successors and assigns, a permanent, non-exclusive easement and right of way (the "Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the Property bounded and described as "flew 30' wide FCSA Water & Sewer Easement hereby created" (the "Easement Area"), as set forth on the Plat, subject to the following conditions: 1. All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. 2. The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining 3 land shall be exercised only dining periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 3. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall. not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 4. Winchester South reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that Winchester South shall not 4 N OD erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Winchester South is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Winchester South. Winchester South agrees that no vegetation other than (i) grass, (ii) shrubbery, and (i.ii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area, provided, however, that such flowers, shrubbery and vegetable plants are planted at Winchester South's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Winchester South for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under the Easement. 5. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement tights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia, or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. 6. Winchester South covenants that it is seized of and has the right to convey W c-3 N CO iV said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Winchester South shall execute such further assurances thereof as may be required. 7. In the event the Authority notifies Winchester South, or their successors or assigns, of a violation of the terms of the Easement as herein provided and Winchester South does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Winchester South's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the .Authority's election, reimbursed, by Winchester South, within thirty (30) days from the date Winchester South receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of the Easement as herein provided by any remedy available at law or in equity. 8. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Easement, as herein provided, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 6 tV 00 W 9. Winchester South agrees that the agreements and covenants stated in this Deed are not covenants personal to Winchester South but are covenants running with the land which are and shall be binding upon Winchester South, and its successors and assigns. THIS DEED FURTHER WITNESSETH: That for and in consideration of the sum of Ten Dollars (S10.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Authority does hereby vacate, terminate, release, relinquish and quitclaim unto Winchester South, and its and successors assigns, all of the Authority's right, title and interest in and to those portions of an existing water and sanitary sewer easement shown on the Plat as "Hatched portions of existing Water & Sanitary Sewer Easement in Inst. #100002974 is hereby vacated", and being portions of a water and sanitary sewer easement previously granted to the Authority by a deed and accompanying plat recorded as Instrument Number 100002974 among the Land Records. The consent and approval of Winchester South and the Authority to such vacation is shown by the signatures and seals affixed to the attached Plat and this Deed. THIS DEED FURTHER WITNESSETH: That Winchester South does hereby create and reserve unto itself and its successors and assigns, a temporary construction easement as set forth on the Plat as "Proposed 20' Temporary Construction Easement". This easement shall allow the fee title owner of Lot 2A, and its agents, employees and contractors, to enter upon the portion.of Lot 2B subject to said easement for construction, grading, filling, removal of debris, removal or deposit of earth, establishing slopes and other activities relative to the development of and construction on Lot 2A adjacent to the easement pursuant to an approved site plan and any revisions thereto. Said easements shall be null and void at such time as the development and 7 N CtJ construction are completed and any security posted with the appropriate authorities to guarantee the completion of the development and construction has been released. THIS DEED FURTHER WITNESSETH: That Winchester South hereby reserves all rights with respect to the proposed easement shown and designated on the Plat as "Proposed 20' wide Gas Easement" until such time as it may be granted to others by a separate written instrument. THIS DEED FURTHER WITNESSETH: That Trustees and M&T, by their signatures affixed hereto, do hereby consent to the subdivision of the Property and the easements created and conveyed hereby, and do hereby subordinate the lien of the Deed of Trust as it affects the easements created and conveyed hereby on the Property. In all other respects, the Deed of Trust shall remain in full force and effect. This Deed of Subdivision, Easement, Vacation and Subordination is in accordance with the statutes made and provided in such cases; with the approval of the proper authorities of Frederick County, Virginia, and the Virginia Department of Transportation., as shown by the signatures affixed to the Plat, and is with the free consent and in accordance with the desire of Winchester South, sole owner and proprietor of the land embraced within the bounds of the Property, and is consented to by M&T and Trustees, as evidenced by the signatures below. (SIGNATURES AND ACKNOWLEDGMENTS ON FOLLOWING PAGES) 8 WITNESS the following signatures and seals: WINCHESTER SOUTH, LLC, a Maryland limited liability company By: ast. Name: Title: STATE OF COUNTY/etrf OfO to -wit: The foregoin instrument was acknowledged before me in my aforesaid jurisdiction by --k . JNZOA .. JJQ^4J*A.J 31r. (name) as D (title) of Winchester South, LLC, a Maryland limited liability co pany, this � day of atr_ .l 92017. My commission expires: Oz�kd Notary Public (SIGNATURES AND FOLLOWING PAGES) 9 0 TRUSTEES: Sole Acting Trustee STATE OF a, COUNTY/CITY O ;( to -wit: -D C N OD M The fore oin , instrument was acknowledged before me . my aforesaid jurisdict n by C a Sole Acting Trustee, this Way of �c GL, 2Q17. My commission expires: Z t Rachid T Abilmona Notary Public Commonwealth of Virginia y Notary Public Commission No. 360194 My Commisslon Explres 113112020 Registration No.: cfzalw (SIGNATURES AND ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGES) IF O N MANUFACTURERS AND TRADERS TRUST COMPANY, Noteholder By: "— ,.,I�_ Name: �4d Title: ke L6 /ice. clsr=- STATE OF N `a( J 1 QM COUNTY/CITY OF _% I ArI to -wit: �, The fTg"- g instrument was acknowledged before Z m aforesaid jurisdiction by /70-401 i (name) as kiGEeaIe1T' (title) of Manuf turers and Traders Trust Company, Noteholder, this / 9 day of 2017. My commission expires: 3 2_ ®%��11yYb! r0ai S. ✓ j i .'OT'lo : Notaryub is ar�z►;,��� , = Registration No.: (SIGNATURES AND ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGES) 11 C� C M 0z) FREDERICK COUNTY SANITATION AUTHORITY By: Title: As :r.�.t.irter N\NEALTH OF VIRGINIA, OUNTY/ ITY OF%_C�'1 C , to -wit: The faWA instrument was acknowledg before me in my aforesaid jurisdiction by Ml�1l� (name as i hQLIs�an+ D►re�-tOr (title) of the Frederick County Sanitation Authority, this day of . 201, 7. My commission expires: � 1 I r% TASHEMA LAVONNE LONG 1%1=1 yl v x NOTARY PUBLIC Notary Public REGISTRATION # 7265287 •�„ COMMONWEALTH OF VIRGINIA MY AUGUCOMMST 31. 20171RES Registration No.: (P0710658.DOCX ! I Lot 2 E:astgate Commercial Center - Subdivision and Easments.v4 009741 000002 ) 12 CorwrvilitrICA Subdivision of Lot 2, Eastgate Ee+i:n+w4W Center Winchester South, LLC TM #76-A-53J Inst. #070017757, #070017758, & 070017759 September 20, 2016 Shawnee District, Frederick County, Virginia Vicinity Map V=1000' �4 sitk � F 4 � C1. SURVEYOR'S CERTIFICATE: i, Michacl M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided is in the name of W inchcstcr South, LLC and was acquired as stated inkk Owner's Certificate. 1 fLrther certify that these tracts are properly and accurately described and are within the boundaries t ongtriaw cts. Certified Land Surveyor G, OWNER'S CERTIFICATE: The undersigned fee simple owner hereby certifies that the land herein subdivided is a portion of the property conveyed to Winchester South, LLC as follows: by deed dated November 16, 2007 and recorded in Instrument #070017757; and by deed dated November 16, 2007 and recorded in Instrument #070017758. Said Lot 2 is further designated in the Deed of Subdivision dated November 16, 2007 and recorded in Instrument #070017759. Said deeds being of record in the Clerk's Office of Frederick County, Virginia, This Subdivision as it appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owner of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Represent or Winchester South, LLC NOTARY CE TIFIC4T6: 6i COUNTY OF STATF OF 17 L►1QC_I� to tt O �-\CIO Glo The foregoing owners consent and dedication was acknowledged before me by this -day of her 20 N0tOr My commission expires A e J Notary Public �- ; • CERTIFICATE OF APPROVAL This Subdivision is approved by the undersi accordance with existing subdr ottiae ljllftMtl�'a admitted to record. :0Ur1�`I date Subdivision Administrator NO date Virginia Department of Transportation N vi � date Frederick'County Sanitation Authority .' • • CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT C1 60.00' 98.13' 87.55' S 12'48'52" W 93'42'24" 64.01' C2 510.00' 191.91' 190.78' S 70'26'53" W 21'33'38" 97.11' C3 420,00' 134.98' 134.40' N 89'33'55" W 18'24'47" 68.07' C4 550.00' 159.89' 159.32' N 65'47'58" W 16'39'21 80.51' C5 375.00 53.38 53.34' 1 S 77'12'46" E 8'09'24" 26.74' LINE BEARING DISTANCE L1 S 81' 13'42" W 79.37' L2 N 23'49'51 " W 45.19' Notes: L3 N 32'34'26 E 114.56' 1. Boundary shown hereon is token from L4 S 57'25'34" E 76.00' deeds of record. L5 N 32'34'26" E 104.11 2. This plat is subject to easements and L6 S 57'24'20" E 106.44' restrictions of record. 3. No title report furnished. L7 N 32*38'14" E 35.35' 4. Unless noted otherwise, reference is L8 S 73'08'05" E 38.99' made to Inst. #100002974 for all L9 N 32' 1 6'59" E 176.57' 1 \ Existing Easements shown hereon. L10 N 32'16'59" E 28.00' oCb \\ is c G�0, Lot 2 A = 0.9507 AC\ \ of TM #76-A-53I J Wal-Mart Stores Existing 5' Utility East, LP Inst. #070017760 Easement Existing Variable Width s \ Access (Trail) \ . p0 Easement O Proposed 20' Temporary `lg Construction Easement \ \ v Lot 2 B 20.0' � Proposed 20' 2.6660 AC. v wide Gas ^ Z8 C5 10.0' Easement gR� � 0 N A=58.04'—/ C4 c 0 C3 Moranto Manor Drive Variable Width R/W AREA TABULATION EXISTING: Lot 2 3.6167 AC. PROPOSED: Lot 2A 0.9507 AC. Lot 2B 2.6660 AC. MICHLic.Final D Plat, Subdivision of Lo 2 � I Eastgate Commerce Center PREPARED BY PENNONI ASSOCIATES INC. Shawnee District, Frederick County, Virgginia Scale:1" =100' Date: September 20, 2016 . 117 East Piccadilly Street Present Owner: Pennons Winchester, VA 22601 Winchester South, LLC T 540.667.2139 F 540.665.0493 TM #76-A-53J Inst. #070017757, #070017758, & 070017759 N3RE1601 +► . w 0 9 LINE BEARING DISTANCE L1 1 N 53`55' 1 6" E 36.04' L12 N 32'16'59" E 11.19, L13 N 32°16'59" E 232.82' L14 N 32"16'59" E 34.21' L15 S 55-57'40" W 62.25' TM #76-A-53I Wal-Mart Stores East, LP Inst. #070017760 New 30' wide FCSA Water & Sewer Easement hereby created. Existing Water & Sanitary Sewer Easement in Inst. L1 #100002974 L11 Moranto Manor Drive Variable Width R/W ` Lot 2A 0 Hatched portions of existing Water & Sanitary Sewer �. Easement in Inst. #100002974 is hereby vacated. Lot 26� Existing Water & Sanitary Sewer Easement in Inst. #070017759 4�a�P�T H OF I/� M. ARTZ FCSA Easement Detail 1513—B Final PlatSubdivision of ��Ito SUR14 Lot 2 Eastgate Commerce Center PREPARED BY PENNONI ASSOCIATES INC. Shawnee District, Frederick County, Vir/�inia �_ Scale: I" = 100' Date: September L0, ZV16 � 117 East Piccadilly Street Pennon, Winchester, VA 22601 Present Owner: (__�,� T 540.667.2139 Winchester South I I I' F 540.665.0493 TM #76-A-53J Inst. #070017757, #070017758, & 070017759 rv��tso 41 ... 4 • �d vwUNlA. Fk.?DERLCKCOUNW-S(.l This instrument of wridugwas produced to me on 3'2-S-2O11 :55RM, and with Corti -fixate acknowledgement thereto annexed was admitted to record Tax imposed by Sec. 58.1-802 of $ NA _, and 5&1401 have been paid, if � )0 4"� -4 u Karen Flynn From: Mike Artz Sent: Monday, January 09, 2017 2:21 PM To: Karen Flynn Subject: FW: Additional Review Comments - Winchester South Marketplace Lot 2A I think this is for burger king Mike Artz Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: 540-771-2092 www.pennoni.com I martzt@Pennoni.com From: Tyler Klein rmailto:tklein(&fcva.us] Sent: Monday, January 09, 2017 2:21 PM To: Mike Artz Subject: Additional Review Comments - Winchester South Marketplace Lot 2A Mike, good afternoon. Staff has reviewed second submission materials for SP #36-16 and offers the following comments: • A copy of the recordation of the plat of subdivision should be provided for the project file; • The reference to the "Previous Plans" under the plan set date should be removed as this information is captured in the separate "Previous Approvals" box; • Building restriction lines (BRLs) should be added to Site Plan on Sheet 4; and • Copies of review agency comments and approvals should be provided for the project file. Once these comments are addressed; please provide copies of the individual sheets electronically for a final look by staff. After which, five (5) copies and one electronic (PDF) copy can be provided for approval by the Zoning Administrator. Should you have any questions please get in touch directly. Thank you. M. Tyler Klein, AICP Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 tklein@fcva.us ccadilly Street Jirginia 22601 540-667-2139 540-665-0493 MEMORANDUM TO: Tyler Klein, Frederick County Planning JAN 6 2017 FROM: Mike Artz .T DATE: January 3, 2017 SUBJECT: Winchester South Market Place Lot 2 Restaurant Site Plan #36-16 We have received your comments dated November 4, 2016 and have revised the plans accordingly; one set is attached for your reference. Our specific responses are as follows: 1. Comment: Site Plan Reference. Add the site plan number, SP# 36-16, to all sheets in the plan set. Response: The site plan number has been added in the title block on all sheets. 2. Comment: Subdivision. If this development is planned to be on a separate lot, the plat for the lot needs to be approved (by the Zoning Administrator) and recorded prior to final site plan approval. The site plan should show the new lot layout. Response: This development is planned to be on a separate lot. The plat of subdivision that creates that lot (Lot 2A) is in the process of review by various agencies and will be submitted to the Subdivision Administrator on or about December 28. The boundaries of the new lot is shown on all sheets except for Existing Conditions. 3. Comment: Previous Approvals. Please add a reference to previous approvals, specifically: Rezoning (REZ) #02-07, Eastgate Commercial; REZ #08-12, Eastgate Commercial — Proffer Revisions; Master Development Plan (MDP) #12-07, Eastgate; and Site Plan (SP) #06-09, Winchester South Marketplace, Lot 2. Please also add the associated proffers for REZ #08-12 to the Sheet 16, Proffers & Miscellaneous Details. Response: A reference to previous approvals has been added to Sheet 1. Sheet 16 has been renumbered to 17 and the associated proffers for REZ #08-12 have been added. 4. Comment: Conformance with SP #06-09. Please address conformance with overall approved site plan for lot 2, previously approved by the Zoning Administrator on June 18, 2009. A copy is available for review in the Planning & Development office. Response: Site plan #36-16 depicts the development of a portion of that plan and therefore the 2009 is no longer valid. A new plan will need to be provided at a future date that addresses development of the remaining land. 5. Comment: Proposed Use. Please revise the "Proposed Use" on Sheet 2 to be "Fast Food Restaurant with Drive-Thru." Response: Revised as requested. (Pe�nnoni dilly Street linia 22602 )-667-2139 )-665-0493 6. Comment: Parkins. Please provide the breakdown of building area square footage as it relates to the parking calculations on Sheet 2 for Staff to review. Response: Parking calculations have been detailed as requested. 7. Comment: Access Easement. Please provide the legal reference for the access easement for a right - in only from Route 522 North on the adjacent property. Response: A nonexclusive easement was granted "through and around the Wal-Mart Tract and the Developer Tract (of which the new Lot 2A is a part of) for roadways, walkways, ingress and egress ...etc." in section 5.1 of Instrument #070017761. 1 have included a copy of this instrument with this resubmission. 8. Comment: Signs. Please provide the setback, dimensions and height of the proposed business signage on site along Route 522 as in conformance with the requirements of the Frederick County Zoning Ordinance. Please provide a rendering of the proposed monument sign within the Miscellaneous Details sheets. Any proposed building mounted signage will be reviewed and approved at time of building permit; please add a note to this effect. Response: Added dimensional information to sheet 4. Added rendering to new Sheet 15A. 9. Comment: Outdoor Lighting. Please provide the following revisions to Sheet 6, Utilities & Lighting Plan. • Please provide a table showing the minimum, maximum and average lighting levels for the site to be evaluated by Staff. Response: See new Sheet 6A • Please clarify that light fixtures, including the mounting base, shall not be more than 25 feet in height above finished grade. It is not clear from the details provided what the height of the poles will be. Response: Added height in Note form to new Sheet 6A. • Please depict and provide details on any building mounted fixtures. If no building mounted fixtures will be provided, please add a note to this effect. Response: Building mounted lighting is shown in the Photometric site plan on Sheet 6A and details are provided in the Luminaire Schedule. 10. Comment: Landscaping. Please provide revised landscaping and planting maintenance notes as consistent with the Frederick County Zoning Ordinance requirements as outlined in Section 165- 203.01. Further, staff recommends additional landscaping and/or evergreen screening around the outdoor trash receptacles, as appropriate. Response: Notes have been added to Sheet 12. Additional landscaping/screening has been added around the outdoor trash receptacles. 11. Comment: Agency Approvals. Comment sheets (approvals) are required from the following agencies: the Frederick County Inspections Department, the Frederick County Fire Marshal, the Virginia Department of Transportation (VDOT), the Frederick County Sanitation Authority (FCSA) and the Frederick County Engineer. Response: Approvals are or will be provided as available. (Pennoni COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 4, 2016 Michael M. Artz Pennoni Associates Inc. 117 East Piccadilly Street Winchester, VA 22601 Re: Review Comments for Site Plan #36-16; Winchester South Marketplace — Lot 2 Restaurant Property Identification Number (PIN): 76-A-53J Dear Mr. Artz: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) Site Plan Reference. Add the site plan number, SP# 36-16, to all sheets in the plan set. 2) Subdivision. If this development is planned to be on a separate lot, the plat for the lot needs to be approved (by the Zoning Administrator) and recorded prior to final site plan approval. The site plan should show the new lot layout. 3) Previous Approvals. Please add a reference to previous approvals, specifically: Rezoning (REZ) #02-07, Eastgate Commercial; REZ #08-12, Eastgate Commercial — Proffer Revisions; Master Development Plan (MDP) #12-07, Eastgate; and Site Plan (SP) #06-09, Winchester South Marketplace, Lot 2. Please also add the associated proffers for REZ #08-12 to the Sheet 16, Proffers & Miscellaneous Details. 4) Conformance with SP #06-09. Please address conformance with overall approved site plan for lot 2, previously approved by the Zoning Administrator on June 18, 2009. A copy is available for review in the Planning & Development office. 5) Proposed Use. Please revise the "Proposed Use" on Sheet 2 to be "Fast Food Restaurant with Drive-Thru." 6) Parking. Please provide the breakdown of building area square footage as it relates to the parking calculations on Sheet 2 for Staff to review. 7) Access Easement. Please provide the legal reference for the access easement for a right - in only from Route 522 North on the adjacent property. 8) Signs. Please provide the setback, dimensions and height of the proposed business 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Re: SP #36-16; Winchester South Marketplace — Lot 2 Restaurant November 4, 2016 Page 2 signage on site along Route 522 as in conformance with the requirements of the Frederick County Zoning Ordinance. Please provide a rendering of the proposed monument sign within the Miscellaneous Details sheets. Any proposed building mounted signage will be reviewed and approved at time of building permit; please add a note to this effect. 9) Outdoor Lighting. Please provide the following revisions to Sheet 6, Utilities & Lighting Plan: • Please provide a table showing the minimum, maximum and average lighting levels for the site to be evaluated by Staff. • Please clarify that light fixtures, including the mounting base, shall not be more than 25 feet in height above finished grade. It is not clear from the details provided what the height of the poles will be. • Please depict and provide details on any building mounted fixtures. If no building mounted fixtures will be provided, please add a note to this effect; and 10) Landscaping. Please provide revised landscaping and planting maintenance notes as consistent with the Frederick County Zoning Ordinance requirements as outlined in Section 165-203.01. Further, staff recommends additional landscaping and/or evergreen screening around the outdoor trash receptacles, as appropriate. 11) Agency Approvals. Comment sheets (approvals) are required from the following agencies: the Frederick County Inspections Department, the Frederick County Fire Marshal, the Virginia Department of Transportation (VDOT), the Frederick County Sanitation Authority (FCSA) and the Frederick County Engineer. 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 and at least five (5) copies of the final plan for approval. Do not hesitate to contact me if you have any questions or concerns regarding this letter. Thank you for your consideration. Sincerely, M. Tyler Klein, AICP Planner MTK/pd Attachment cc: Winchester South LLC, 1 West Pennsylvania Ave., Suite 950, Towson, MD 21204 N3 Real Estate, 620 East Southlake Blvd., Southlake, Texas 76092 2 40 C 4 SITE PLAN APPLICATION - Office Use Only - Date Application Received: 11 1 Application Fees Received: O� Receipt #: 5 y I I a Initials: Project Title: Winchester South Lot 2 Restaurant Location of Property Corner of Rt. 522 (Front Royal Pike) and Maranto Manor Drive (Street address) 3. Applicant/Designer: Name: Pennoni Associates Inc. Attn: Mike Artz Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 4. Property Owner (if different than above): Name: Winchester South LLC Address: 1 West Pennsylvania Ave., Suite 950 MID 21204 5. Property Information: a. Property Identification Number: b. Total acreage of the parcel to be developed: c. Total disturbed area of the parcel: d. Present Use: e. Proposed Use: f. Magisterial District(s) 8 Telephone: 540-667-2139 Telephone: 443-279-0846 76-A-53J 3.62 1.10 Vacant Restaurant Shawnee • • 6. Site Plan Type: a. Is this an original or new site plan? b. Is this a revised site plan? If yes provide all previous site plan numbers: c. Is this a minor site plan? If yes provide all previous site plan numbers: Yes FV No Yes F No ✓a Yes II No #06-09 7. Zoning Information: a. Current Zoning: B2 b. Was this property Rezoned? Yes ✓e No c. If yes provide the rezoning number for this property: #02-07, #08-12 d. Are there any proffers for this property? Y e. Has a MDP been approved for this property? Y f. If yes provide the MDP number for this property: es es ✓ No No FV 8. Adjoining property zoning and use: USE ZONING North Commercial B2 East Residential RA South Commercial B2 West Commercial B2 I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required materiaj„will be complete prior to the submission of my site plan. Signature: ✓__/�NKy{ �y�i • Date: 9 0 • 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: Pennoni Associates Inc. Telephone: 540-667-2139 Attn: Mike Artz Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Name of development and/or description of the request: Winchester South Lot 2 Restaurant Location of Property: Corner of Rt. 522 (Front Royal Pike) and Maranto Manor Drive Department of Planning & Development Comments: -PLANNING DEPARTMENT USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Date Approved Signature & Date: ** Please Return Form to Applicant** 16 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Winchester South LLC (Phone) 443-279-0840 (Address) 1 West Pennsylvania Avenue, Suite 97STowson, MD 21204 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. 17759 Tax Map 76-A-53J on Page , and is described as do hereby make, constitute and appoint: (Name) Pennoni Associates Inc. (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with 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) Subdivision =Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it}s otherwise rescinded or modified. In witness thereof I (we) have hereto set my (our) hand and seal this g4jM" day of , 20L4L, Signature(s) State of 44county of /S�l /'�� , To -wit: a Notary Public in and for the jurisdiction aforesaid, on(s) who signed to the foregoing instrument personally appeared before me and has ne before me in the jurisdiction aforesaid this day of& �-20LIp. My Commission Expires: 18TTER OF TRANSMITTAL 9 Peer ►on PENNONI ASSOCIATES INC. CONSULTING ENGINEERS 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 TO: Frederick County Planning 107 N. Kent Street Winchester, VA 22601 DATE I November 1, 2016 JOB NO. I N3RE1601 ATTENTION I Tyler Klein RE: I Winchester South Marketplace Lot 2 Restaurant WE ARE SENDING YOU ® Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Copy of Letter ❑ Change Order ❑ ❑ Samples the following items: ❑ Specifications LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 1 Site Plan Application 1 Application Fee in the amount of $2,900 1 POA 1 Site Plan Comment Sheet 2 Site Plan THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ® For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED: Mike Artz, LS 3B If enclosures are not as noted, kindly notify us at once. TR8100 1I2013 0 i Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPRO VAL PLEASE PRO VIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice Mark Dave Tyler I John COMMENTS: Received by Clerical Staff (Date & (S:Office on BlackboxlForms\Document Approval Form—6/7/2016 ) RAMM