HomeMy WebLinkAbout07-11 Starlite Companies LLC Country Store With Restaurant - Gainesboro - BackfileCUP TRACKING SHEET
OPEN FILE:
File opened
Reference Manual updated/number assigned
D-base updated
Location maps requested from Mapping Dept.
Adjoiner list given to Planner
Application Action Summary updated
Planning Commission Meeting
Board of Supervisors Meeting
CLOSE FILE:
ACTION
42
Approval (or denial) letter mailed to applicant, copy to Inspections
Dept., copy to file and other cc's
File stamped "approved", "denied" or "withdrawn"
Reference manual updated
D-base updated
Application Action Summary updated
Sys ID # &_3
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: July 28, 2011
The amount of $50.00 was deposited in line item #3-010-019110-0008 for Starlite Companies.
Ms. Nelson had a deposit for one sign for Conditional Use Permit #07-11 for Starlite Companies.
She has returned the sign and is therefore entitled to the return of the deposit. You may pay this
through the regular bill cycle.
Please send a check in the amount of $50.00 to:
RSA/pd
Jane Nelson
I I I Chapel Road
Middletown, VA 22645
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
u
RECEIVED FROII _ MR
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FREDERICK COUNTY
Date
6/20/2011
C. WILLIAM ORNDOFF, JR
Register: LJT/LJTA1
P.O. BOX 225
Trans.
#: 14159
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Dept #
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WINCHESTER VA 22604-0225
Acct#
SIGN DEPOSITS PLANNING
Previous
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Balance $
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Principal Being Paid $
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Penalty $
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Interest $
PLANNING 6/20/11 -
.00
;
Amount Paid $
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*Balance Due $
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Pd by PLANNING 6/20/11
Check. 1100.00 #
VARIOUS
BALANCE DUE INCLUDES PENALTY/INTEREST
THRU THE MONTH 6/2011
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 28, 2011
Ms. Jane Nelson
Mr. Michael Mallon
111 Chapel Rd.
Middletown, VA 22645
RE: CUP #07-11
Property Identification Number 63-A-211
Dear Ms. Nelson and Mr. Mallon:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 27,
2011. Conditional Use Permit #07-11 was approved to expand on existing Country Store CUP #15-01 to
enable a restaurant. Conditions associated with the approval of this Conditional Use Permit include the
following:
1. All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15 feet
from the property line.
8. No more than 26 seats allowed for this restaurant use.
9. Parking shall only be permitted behind the structure.
10. No petroleum or fuel sales shall be allowed.
11. Any expansion or change of use shall require a new Conditional Use Permit.
107 North Dent Street, Suite 202 ® Winchester, Virginia 22601-5000
` h.
Starlite Companies LLC — CUP #07-11
July 28, 2011
Page 2
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
ail c 1 Cheran /`�%�-------�
Zoning Administrator
MRC/bad
cc: George Kriz and Charles Triplett, Gainesboro Planning Cormnissioners
Jane Anderson, Real Estate
Commissioner of Revenue
John Trenary, Building Official
cK . Co
CONDITIONAL USE PERMIT #07-11
STARLITE COMPANIES LLC DB/A HOMESPUN
w� Staff Report for the Board of Supervisors
w Prepared: July 19, 2011
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/06/11 Recommended approval
Board of Supervisors: 07/27/11 Pending
EXECUTIVE SUMMARY:
This is a request to expand on existing Country Store (CUP #15-01) to enable a restaurant.
The Planning Commission forwarded a recommendation of approval for this application to the
Board of Supervisors with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15
feet from the property line.
8. No more than 26 seats allowed for this restaurant use.
9. Parking shall only be permitted behind the structure.
10. No petroleum or fuel sales shall be allowed.
11. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 2
CUP #07-11, Starlite Companies LLC D/B/A Homespun
July 20, 2011
LOCATION: This property is located at 949 Cedar Creek Grade
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 63-A-2H
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Country Store
ADJOINING PROPERTY ZONING & USE:
North: R-4 (Residential Planned Community) Land Use: Vacant
South: RP (Residential Performance) Land Use: Vacant
East: City of Winchester Land Use: Residential
West: RP (Residential Performance) Land Use: Vacant
PROPOSED USE: This application is for a Country Store with Restaurant.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The existing entrance is adequate for the proposed
use.
Frederick County Fire Marshall: Plan approval recommended.
Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide
Building Code and Section 304, use group B (Business) of the International Building Code.
Other Code that applies is ICC/ANSI Al 17.1-03 Usable and Accessible Buildings and Facilities.
Accessible restroom shall be provided within employees work area. All required egress doors
shall be accessible and 50% of the entrances.
Frederick County Department of Public Works: No comments at this time.
Frederick County Sanitation Authority: We do not serve this area.
Frederick -Winchester Health Department: As mentioned in our previous meeting, if the
conditional use is issued, please apply for the health permit and plan review for the added food
service. The Health Department has no objections to the change of use and will continue to work
with the owner/operator to obtain a health permit with minor additional to the facility (mostly
sinks & lighting).
Page 3
CUP #07-11, Starlite Companies LLC D/B/A Homespun
July 20, 2011
Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or
comments regarding this request.
City of Winchester: No comments.
Planning and Zoning: This property was approved for a country general store in 2001 via CUP
#15-01. The country store is operating within a two-story, eight -room, 2,448 square foot stone
and log structure. One of the conditions assigned to CUP #15-01 was the prohibition of the sale
of petroleum products, as well as restaurant or deli operations. The applicant is requesting to
expand this country store to allow a 26-seat restaurant and a photo gallery. The photo gallery will
initially be located on the 2nd floor of the structure, and will ultimately be relocated to an
accessory structure in the future. The applicants stated their desire to maintain the historic
integrity of the structure and property.
The Frederick County Zoning Ordinance allows for country general stores in the RA (Rural
Areas) Zoning District. The 2007 Comprehensive Policy Plan of Frederick County and future
comprehensive plans provide guidance when considering any land use actions. This property is
located within the UDA that identifies this area of the County for high density planed growth. It
appears that this CUP meets the intent of the goals of the 2007 Comprehensive Policy Plan of
Frederick County.
STAFF CONCLUSIONS FOR THE 07/06/11 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of
15 feet from the property line.
Page 4
CUP #07-11, Starlite Companies LLC D/B/A Homespun
July 20, 2011
8. No more than 26 seats allowed for this restaurant use.
9. Parking shall only be permitted behind the structure.
10. No petroleum or fuel sales shall be allowed.
11. Any expansion or change of use shall require a new Conditional Use Permit.
12. Approval of this CUP will void CUP# 15-01.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/11 MEETING:
One of the co-applicants/owners specified that they are actually seeking to operate a tea room;
there will be no bar or restaurant. In answer to a Commissioner's question on whether the 26
seats allowed for the use was satisfactory, the applicant replied that it was. The applicant said
the seating was a result of the maximum number of available parking spaces and they did not
envision having more customers at any given time. The applicant was satisfied with all of the
proposed conditions of the permit. A Commissioner asked if the retail portion of the previous
use would continue and the applicant replied they intend to continue to offer the ability of those
local crafters and artisans the ability to consign their goods.
Commission members supported the proposed use, although there was a safety concern raised
about whether there was adequate site distance available. There were no citizen comments. The
Planning Commission unanimously recommended approval with the following conditions:
All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of a freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed ay an opaque fence with a minimum setback of
15 feet from the property line.
8. No more than 26 seats shall be allowed for this restaurant use.
Page 5
CUP #07-11, Starlite Companies LLC D/B/A Homespun
July 20, 2011
9. Parking shall only be permitted behind the structure.
10. No petroleum sales shall be allowed.
11. Any expansion or change of use shall requirea new conditional use permit.
(Note: Commissioner Crockett was absent from the meeting.)
63 A 2D
BRIDGEFORTH
RUTH D
GREYSTONE
PROPERTIES LLC
639224A
GREYSTONE
DEVELOPERSINC
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Q Application 639211
E3 Parcels MCBREENi J
B1 (Business, Neighborhood District) J OF1NI
B2 (Business, General District) 63 93 � _TRUSTEE
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
KOPPENNAVER
1NDREW A
City Of
Winchester
rY,✓
CUP # 07 - 11
Note:
Frederick County Dept of
Starlite Companies LLC
Planning & Development
d/b/o Homespun
SOfe2022niSt
e
PIN: 63 - A - 2H
Winchester, VA 22601
(Country Store w/ Restaurant)
540 - 665 - 5651
Map Created: June 16, 2011
Staff: mcheran
0 50 100
200 Feet
FILE COPS'
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
October 25, 2001
TURNER ENTERPRISES, LLC
Mr. and Mrs. R. J. Turner
317 Greenwood Avenue
Winchester, VA 22602
RE: CUP #15-01 OF HOMESPUN GIFTS & GARDENS
Property Identification Number 63-A-2H
Dear Mr. and Mrs. Turner:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
October 24, 2001. Your request, Conditional Use Permit #15-01 for a Country General Store
("Homespun Gifts & Gardens") was approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan shall be approved by the County. All improvements shall be installed
prior to operation of the country general store.
3. Maximum height of a freestanding sign shall be::six (6) feet.
4. Maximum size of a freestanding sign shall be twenty-five (25) square feet.
5. No internally -illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten (10) square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of fifteen
(15) feet from the property line.
8. Parking shall only be permitted behind the structure.
9. No petroleum sales, restaurant or deli operation shall be allowed.
10. Any expansion or change of use will require a new Conditional Use Permit.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
ar . heran
Planner I
MRC/ch
cc: Harrington Smith, Shawnee District Supervisor
Jane Anderson, Real Estate
O:\Agennas\Approval Itrs\CUP's\2001 Womespun GiftsCUP.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
Submittal Deadline
coP/C Meeting 46
W � BOS Meeting
w
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the V owner other)
NAME: 5_cu-/ i l -e_
ADDRESS: 111 (',hQpP %zpaa, M
TELEPHONE Sgf7 <;� _0q 3S"
2. Please list all owners, occupants (adult individuals as well
as any entities occupying the property), or parties in the
interest of the property:
,10tne, nP,ban, Mi'G1-0p ( maR -7-
3. The property is located at: (please give exact directions and
include the route number of your road or street)
W
The property has
depth of
(Please be exact)
a road frontage of feet and a
feet and consists of �,� acres.
5. The property is owned by-per./�}� LC-.. as
evidenced by deed from recorded
(previous owner)
in deed book no. on page as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick. CpPy 0� Oeed a-�/-acheoC.
6. Tax ( Parcel) Identification ( I . D .) No .
Magisterial District
District
Current Zoning
•
C c_�,
J U N 1 6 2011
•
7. Adjoining Property:
USE ZONING
North
East
South
West
8. The type of use proposed is (consult with the Planning Dept. before completing)
Jq e,-s?& L4-Q,Q -L"O' / //9 ?- I-' s e p o
9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear and in front of (across street from) the property where the requested
use will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
PROPERTY ID# t � Q a. Ll /Q
NAME rpi� C- to J tv-.,ADDRESS 1:3 -5 e? d-L- l-C-c!
I
PROPERTY ID#(,f 3 A
I►�ul�
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
:Io._Y.y
W L n ck G 5 E-L,Z. U v2
11. Please use this page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
ry'r
Q)
P t
N
0 o
U
G�OPP IQ `'
6�92 " 63 9212
�S
Zg 63 92 16 63 92 11
3 P 63 �
6 92 17 O 63 92 10 O
r A,6
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63 92 19 Z7 63 92 8
P 63 92 20 63 92 7 to
N row 63 92 21 �
Q w
Z
coM 63 92 22 O
wHEATFIELD GO63 9 2 23 MEADOW
DISCLAIMER: Frederick County assumes no liability for
GIS DEPARTMENT the information contained herein and the inclusion of such 0 95 190 380 Feet wr
FREDCOUNTY, VA information herein does not represent an approval b
COMMISSIONERONER OF THE REVENUE P PP y
Frederick County of wrh information s
Survey
v-7! ZONe
,,F GR
IRS IRON REBAR SET
IRF IRON RMAR FOUND
RRS RAILROAD SPIKE FOUND IRF
5�' HRL _ PI _ 1— -\
- PIN 63--A-2
GREYSTONE PROPERTIEEi��Lc
14S•TR. #02m7755 moo.
ZONE: RA
USE: VACANT \ �\
16,930 AC,
EX. STRUM R6
ORIGINAL PIN 63-A-2 =
16.930 ACRES
0.255 ACRES
TO PIN 63-A-2H :
FR01� IN - - H =
O• ES
16.930 ACR S
AD USTED AREA =
PIN
ORIGINAL PIN 63-A-2F3
1.000 ACRES
0 2OO ACRES
0
TO PIN 63-A-2 =
FROM PIN �- -
9R5 ACRES
-1 255
"— ADJUSTED AREA =
ACRES
100 0 lo0
SCALE: 1 " 100'
0.255 ACRES
TO PUN 63-A--2H 9 �j
IRs c�
HOM VACA IRFIRR
�. IR(STt�RES
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To PIN 83-a-2 ---� ✓ _ �]
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OF WINCHESTER
PIN 63—A-2H
PIN 269-1—JA
GREYSTONE PROPERTIES. LI-C
TURNER ENTERPRISES, L.L.C.
INSTR• #020001717
INSTR. #01aoo16e3
zoNE: LR
ZONE: RA
USE: VACW
USE: BUS.
1.000 AC
NOTES:
1. No TITLE REPORT FURNISHED.
WN MAY EXiSF,
2. EASEMENTS QIHER THAN
3. THE LOT SHOWN HERE
LIES WITHIN ZONE "C", AN AREA OF
MINIMAL FLOODING.
LINE�TAKEN FROM PLAT By DAVIDOATED JULY
F. SPR GGS,IDATED 8.
4. cltt/CD 02OOo17l7 (C" AND
OCTOHER 24, 2001, RECORDED IN INSTRUMENT �
#020007755 (COUNTY) AND WAS NOT FIELD VERIFIED.
BOUNDARYBETWEEN LINE THE ADJUSTMENT PLAT
TURNER EN RPRISES, L.L.C. AND
GREYSTONE PROPERTIES, LLC
SAAWPTEE MAGISTERIAL DM' "RICT
Fy"ERICK COUNTY) yIgGINiA
SCALD: 1"-100' SHEET 2 OF 3
DATE 9/28/02
MARSH & LEGGE LAND SUg��Y�RS, P.�-•C-
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12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County, Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven (7) days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant �I_ h / �� Sk/
Signature of Owner j 04,,L,- ,_1 t -
Owners' Mailing Address /�) l to o P-L �„ 10 ;2 &�C(S
Owners' Telephone No. 6 H 0 S -a 2— - ko ! 3;
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Coy CONDITIONAL USE PERMIT #07-11
STARLITE COMPANIES LLC DB/A HOMESPUN
w Staff Report for the Planning Commission
w Prepared: June 20, 2011
Staff Contact: Mark R. Cheran, Zoning Administrator
IIJP
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/06/11 Pending
Board of Supervisors: 07/27/11 Pending
EXECUTIVE SUMMARY:
This is a request to expand on existing Country Store (CUP #15-01) to enable a restaurant.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15
feet from the property line.
8. No more than 26 seats allowed for this restaurant use.
9. Parking shall only be permitted behind the structure.
10. No petroleum sales shall be allowed.
11. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP 407-11, Starlite Companies LLC D/B/A Homespun
June 20, 2011
LOCATION: This property is located at 949 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 63-A-2H
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Country Store
ADJOINING PROPERTY ZONING & USE:
North: R-4 (Residential Planned Community) Land Use: Vacant
South: R-4 (Residential Planned Community) Land Use: Vacant
East: City of Winchester Land Use: Residential
West: R-4 (Residential Planned Community) Land Use: Vacant
PROPOSED USE: This application is for a Country Store with Restaurant.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The existing entrance is adequate for the proposed
use.
Frederick County Fire Marshall: Plan approval recommended.
Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide
Building Code and Section 304, use group B (Business) of the International Building Code.
Other Code that applies is ICC/ANSI Al 17.1-03 Usable and Accessible Buildings and Facilities.
Accessible restroom shall be provided within employees work area. All required egress doors
shall be accessible and 50% of the entrances.
Frederick County Department of Public Works: No comments at this time.
Frederick County Sanitation Authority: We do not serve this area.
Frederick -Winchester Health Department: As mentioned in our previous meeting, if the
conditional use is issued, please apply for the health permit and plan review for the added food
service. The Health Department has no objections to the change of use and will continue to work
with the owner/operator to obtain a health permit with minor additional to the facility (mostly
sinks & lighting).
Page 3
CUP #07-11, Starlite Companies LLC D/B/A Homespun
June 20, 2011
Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or
comments regarding this request.
City of Winchester: No comments.
Planning and Zoning: This property was approved for a country general store in 2001 via CUP
#15-01. The country store is operating within a two-story, eight -room, 2,448 square foot stone
and log structure. One of the conditions assigned to CUP #15-01 was the prohibition of the sale
of petroleum products as well as restaurant or deli operations. The applicant is requesting to
expand this country store to allow a 26-seat restaurant and a photo gallery. The photo, gallery will
initially be located on the 2" d floor of the structure, .and will ultimately be relocated to an
accessory structure in the future. The applicants stated their desire to maintain the historic
integrity of the structure and property.
The Frederick County Zoning Ordinance allows for country general stores in the RA (Rural
Areas) Zoning District. The 2007 Comprehensive Policy Plan of Frederick County and future
comprehensive plans provide guidance when considering any land use actions. This property is
located within the UDA that identifies this area of the County for high density planed growth. It
appears that this CUP meets the intent of the goals of the 2007 Comprehensive Policy Plan of
Frederick County.
STAFF CONCLUSIONS FOR THE 07/06/11 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered minor site plan shall be required for the future accessory structure.
3. Maximum height of freestanding sign shall be six feet.
4. Maximum size of a freestanding sign shall be 25 square feet.
5. No internally illuminated signs shall be allowed outside of the building.
6. Maximum size of a building -mounted sign shall be ten square feet.
7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of
15 feet from the property line.
Page 4
CUP #07-11, Starlite Companies LLC D/B/A Homespun
June 20, 2011
8. No more than 26 seats allowed for this restaurant use.
9. Parking shall only be permitted behind the structure.
10. No petroleum sales shall be allowed.
11. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
The local office of the Transportation Department is located at 2275 Northwestern Pike in
Winchester if you prefer to hand deliver this form.
Applicant's name, address and phone number:
Name of development and/or description of the request:
Location:
Va. Dept. of Transportation Comments:
117
VDOT Signature and Date:
(NOTICE TO RESIDENT ENGINEERYP/ EASE RETURN THIS FOUM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Fire Marshal
Attn: Fire Marshal
1080 Coverstone Drive
Winchester, Virginia 22602
(540) 665-6350
The Fredericks County Fire Marshal is located at 1080 Coverstone Drive, at the Public Safety
Building, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
Name of development and/or description of the request:
Location:
Fire Marshal Comments:
Fire Marshal Signature & Date:
(NOTICE TO FIRE MARSHAL - PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach a copy of your application form, location map and any other
pertinent information.
• 0
AVIRGI]NIA
plc
-44
Control number
CUP10-0009
Project Name
Homespun
Address
111 Chapel Rd
Type Application
CUP
Current Zoning
RA
Automatic Sprinkler System
Yes
Other recommendation
Emergency Vehicle Access
Adequate
Siamese Location
Not Identified
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Plan Approval Recommended
Yes
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Date received
7/25/2010
City
Middletown
Tax ID Number
63-A-2 H
Date reviewed
7n/2010
Applicant
Starlite Companies LLC
State Zip
VA 22645
Fire District
15
Recommendations
Automatic Fire Alarm System
Yes
Requirements
Hydrant Location
Adequate
Roadway/Aisleway Width
Adequate
Date Revised
Applicant Phone
540-532-0935
Rescue District
15
Election District
Shawnee
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
No
Reviewed By Signature
D.D. Linaburg�,�
Title i�
•
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Attn: Building Official
107 North Kent Street, Suite 200
Winchester, Virginia 22601
(540)665-5650
Mlle Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of
the County Administration North Building in Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
41
1Vame of development and/or description of the request:
h 9 1: r„ r-)1e S 7 i r-1 . t 1Ytic Z:" r" Z02 %7 1/Yr f /"i %-f-oe-
Location: Lct ' i -
Inspections Department Comment: cc
Olt
Code Administrator Signature & Date:
(NOTICE TO INSPECTIONS DEP T*PIJ6ASE RETUP.N I RIS F v 1 TO n, f _J ...ANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible -in.order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
Building shall comply with The Virginia Uniform Statewide Building Code and
Section 304, use grotip B (Business) of the International Building Code. Other Code that
applies is ICC/ANSI A117.1-03 Usable and Accessible Buildings and Facilities.
Accessible restroom shall be provided within employees work area.
All required egress doors shall be accessible and 50% of the entrances.
•
•
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Sanitation Authority
Attn: Engineer Director /
P.O. Box 1877
Winchester, Virginia 22604 ,!
(540) 868-1061
The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City,
Virginia, if you prefer to hand deliver this review.
Applicant's name, address and phone number:
!2ri
Name of development and/or description of the request:
Location:
Sanitation Authority Comments:
IN/� I O AYU T S 4rAI/
Sanitation Authority Signature & Date: l/ U /
(NOTICE TO SANITATION AUT TY * RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Winchester -Frederick County Health Department
107 North Kent Street, Suite 201
Winchester, Virginia 22601
(540) 722-3480 _J/
The Winchester -Frederick County Health Department is located in the County Administration
Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form.
Applicant's name, address and phone number:
: yb - 57-y";? - a(7 35-
Name of development and/or description of the request:
Location:
q Y q CMa A `GA & e.,.<. r7,a d t�,
(NOTICE TO HEALTH DEPT*PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
- 23- I �01 O
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540) 662-2422
The Winchester Regional Airport'is located on Route 645, off of Route 522 South, if you prefer
to hand deliver this review form.
s name, address and phone number:
Name of development and/or description of the request:
Location•
Winchester Regional Airport's Comments:
.Lc�Q-e. c;cVao h e 1-e AAes
Airport Signature and Date:L� P M,u(A= P\ 1 M, 1 0 1 g I I
(NOTICE TO AIRPORT: x PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agency
with their review. Also, please attach two (2) copies of your application form, location map, proffer
statement, impact analysis, and all other pertinent information.
0
r:
SERVING THE
TOP OF VIRGINIA /
June 9, 2011
WINCHESTER REGIONAL AIRPORT
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-5786
Mick Mallon
111 Chapel Road
Middletown, Virginia 22645
Re: Conditional Use Permit Comments
Homespun Gifts and Gardens
Dear Mr. Mallon:
Since the Conditional Use Permit does not appear to have any impact on the
operations of the Winchester Regional Airport, we have no objections or
comments regarding this request.
Thank you for the opportunity to review these plans to ensure the continued safe
and efficient operation of the Winchester Regional Airport.
Should you have any questions, please do not hesitate to contact this office.
Sincerely,
Serena R. Manuel
Executive Director
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
CITY OF WINCHESTER
Attn: Planning Director
15 North Cameron St.
Winchester, Virginia 22601
(540) 667-1815
The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in
Winchester, if you prefer to hand deliver this form.
Applicant's name, address and phone
Name of development and/or description of the request:
Location:
City of Winchester Comments:
k-�Rerector Signature and Date:'[
(NOTICE TO DIRECTORYPLEASE
161 is
FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach two (2) copies of your application form, location
map and all other pertinent information.
I~
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
THIS DEED AND DEED OF ASSUMPTION (the "Deed"), made this 16`h day of
June, 2011, between TURNER ENTERPRISES. L.L.C., a Virginia Limited Liability
Company, hereinafter called the "Grantor"; STARLITE COMPANIES. LLC, a Virginia
Limited Liability Company, hereinafter called the "Grantee"; and BANK OF CLARKE
COUNTY, a banking institution organized under the laws of the Commonwealth of Virginia,
hereinafter called "Bank".
CONVEYANCE:
WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does grant and convey, with General Warranty of Title, unto
the Grantee, in fee simple, the following described real estates:
All of that certain lot or parcel of land, together with all improvement thereon
and all rights, rights of way and appurtenances thereunto belonging, lying and
being situate in Shawnee Magisterial District, Frederick County, Virginia,
fronting on the South side of Cedar Creek Grade (VA Sec. Route 622) ,
containing 1.000 acres, more or less, designated as "PIN 63-A-21-1 Turner
Enterprises, L.L.C. Instr. #010001683" on that certain plat titled "Boundary Line
Adjustment Plat Between the Lands of Turner Enterprises, L.L.C. and Greystone
Properties, LLC", dated September 26, 2002, drawn by H. Bruce Edens, L.S., a
copy of which is attached to and made a part of that certain Deed of Exchange
dated December 3, 2002, of record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia as Instrument No. 020020982; and being the same
property which was conveyed to Turner Enterprises, L.L.C. by that certain Deed
dated November 26, 2001, of record in the aforesaid Clerk's Office as Instrument
No. 010016832, and by the aforesaid Deed of Exchange dated December 3, 2002,
of record in the aforesaid Clerk's Office as Instrument No. 020020982.
Reference is hereby made to the aforesaid instruments and the references therein
contained for a more particular description of the property conveyed hereby.
Tax Map No.: 63-A-2H
This conveyance is made subj ect to all easements, rights ofway and restrictions of record
affecting the aforesaid property; provided, however, that the foregoing shall not be deemed in
any way to reinstitute or republish any restrictions of record that may have expired or lapsed.
ASSUMPTION OF INDEBTEDNESS:
A. This conveyance is made subject to the lien of that certain Credit Line Deed of
Trust dated February 29, 2008 from Turner Enterprises, L.L.C. to Stephen L. Pettler, Jr. and
Michael L. Bryan
116 S. Braddock St
Winchester, VA
Michael L. Bryan, Trustees, given to secure the Bank of Clarke County up to but not exceeding
in the aggregate, at any one time, the principal sum of $310,000.00, which Deed of Trust
encumbers the hereinabove described property and is of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia as Instrument No. 080002491, as corrected by that
certain Correction and Amendment of Deed of Trust dated March 23, 2011, of record in the
aforesaid Clerk's Office as Instrument No. 110002820 (the "Deed of Trust").
B. As noted above, the Deed of Trust was initially given to secure that certain
Universal Note and Security Agreement dated February 29, 2008 executed by Turner Enterprises,
L.L.C., payable to Bank of Clarke County, in the original principal sum of $310,000.00 (the
"Note"), which Deed of Trust encumbers the hereinabove described property.
C. The Note has been renewed and is presently evidenced by that certain Renewal
Note dated June 16, 2011 in the principal sum of $276,103.34 executed by Turner Enterprises,
L.L.C., together with interest thereon as more fully set forth therein (the "Renewal Note")
D. The Deed of Trust secures the Renewal Note.
E. Starlite Companies, LLC, Grantee herein, has agreed to assume the indebtedness
evidenced by the Renewal Note and to comply with and to be bound by the terms of the Deed
of Trust, as more fully set forth hereinafter.
F. Turner Enterprises, L.L.C. shall remain liable under the terms fo the Note as
evidenced by the Renewal Note and shall not be released from liability by the terms of this Deed
and Deed of Assumption.
NOW THEREFORE FURTHER WITNESSETH: That for and in consideration of
the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Starlite Companies, LLC, Grantee herein, as evidenced by its execution of
this Deed, hereby specifically agrees to assume liability for the payment of all outstanding sums
due under the Renewal Note in the original principal sum of $276,103.34, together with any and
all renewals, extensions, modifications and/or substitutions thereof, as part of the consideration
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
of this conveyance. The Grantee specifically agrees to be and to hereafter remain bound by all
of the terms and conditions of the Renewal Note and the Deed of Trust securing the Renewal
Note, and all other instruments executed in connection therewith (collectively, the "Loan
Documents"). The Grantor and Grantee further agree that there are no claims, offsets, defenses,
or counterclaims whatsoever to the Loan Documents and/or the indebtedness evidenced thereby,
and that the Loan Documents are valid, binding and fully enforceable in accordance with the
terms thereof.
2. The Grantor and the Grantee herein further agree that there are no defenses,
claims, offsets or counterclaims whatsoever pertaining to or arising from the Loan Documents
or any of them.
The Bank of Clarke County joins in this Deed for the express purpose of and does
hereby consent to the transfer of title to the hereinabove described Property, but expressly retains
the right to demand payment in full in the event that the Property is again or hereafter transferred
or conveyed by the Grantee.
Except as noted above, the Grantor does hereby covenant that it has the right to
convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said
property, free from all liens and encumbrances (excepting the lien of the Deed of Trust as
referenced hereinabove); and it will grant such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
TURNER ENTERPRISES, L.L.C.
By; SEAL)
R . urner, Manager or
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me this _ day of June, 2011, by
Turner Enterprises, L.L.C. as Manager of Turner Enterprises, L.L.C., a Virginia Limited Liability
Company.
My commission expires
NOTARY PUBLIC
•
0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
STARLITE COMPANIES, LLC
By:, (SEAL)
Jane E. Nelson, Manager
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me this day of June, 2011,
by Jane E. Nelson as Manager of Starlite Companies, LLC, a Virginia Limited Liability
Company.
My commission expires
NOTARY PUBLIC
BANK 9F CLARKF, COUNTY
By: ///(SEAL)
ale L. Fritts, Senior Vice President
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged befo me this 1 L `day of June, 2011,
by Dale L. Fritts, who is Senior Vice President of Bank fy�larke County.
My commission expires -1 1.3 1 ( f
NOTARY
MLB/pmn'N E Wvz,,
c:\Deeds\Starlite Deed of Assumption
6/13/II
O PPG
2 i Pve �\3gt . a
a. PEA # M�sype
.,�01VWEA'w0`
�1"un11
4
e
•
6
FREDERICK COUNTY
5
CONDITIONAL USE
PUBLIC HEARING
Board Room
Frederick county
Administration Building
665-5651
ow
0
I
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING.
July 13, 2011
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #07-11 FOR STARLITE COMPANIES
LLC D/B/A HOMESPUN
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, July 27, 2011, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Conditional Use Permit #07-11 of Starlite Companies LLC d/b/a Homespun for a Country Store
with Restaurant. The property is located at 949 Cedar Creek Grade, and is identified with Property
Identification Number 63-A-2H in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the agenda will be available for review at the Handley Library and the Bowman Library the week of the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia. Information regarding this application will also be available via the Planning
Department's website at www.co.frederick.va.us.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to ce ify thaRthe attached correspondence was Oiled to the following on
from the Department of Planning and Development, Frederick
County., Virgnua:
63 A- - 2-H
TURNER ENTERPRISES LLC
2971 VALLEY AVE
WINCHESTER VA 22601.2631
Starlite Companies LLC
111 Chapel Rd.
Middletown., VA 22645
63 A- - 2-A
GREYSTONE PROPERTIES LLC
13 S LOUDOUN ST
WINCHESTER VA
22601.4719
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK ,
I,. A/1, a Notary Public in and for the State and County
aforesaid, do ereby certify that k R. Cheran, Zoning & Subdivision Administrator for the
Depailment of Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
Stat and County aforesaid. n
Given under my hand this /3 %Z day of
My commission expires on
uinl•.-.i::1.L,:'riN�GJ,ne]twx51�',�:r�r�w.,,...._.GER
_
NOTARYPUBLIC
REGISTRATION It 331878
COMMONWEALTH
IA
COMMISSION EXPIRES
DULY 31, 2015
..,. ,... •,-t'�"*'.�r�,s ;ar:"�r�rar..ycreesrrau
0(
r J
NOTARY BLIC
• 0
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
June 24, 2011
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: CONDITIONAL USE PERMIT APPLICATION #07-11 FOR STARLITE COMPANIES
LLC D/B/A HOMESPUN
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, July 6, 2011, at 7:00 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Conditional Use Permit #07-11 of Starlite Companies LLC d/b/a Homespun for a Country Store
with Restaurant. The property is located at 949 Cedar Creek Grade, and is identified with Property
Identification Number 63-A-2H in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the agenda will be available for review at the Handley Library and the Bowman Library the week of the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia. Information regarding this application will also be available via the Planning
Department's website at www.co.frederick.va.us.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify tha the attached correspondence was wiled to the following on
fiom the Department of Planning and Development, Frederick
County, Virguua:
63 - A- - 2-H
TURNER ENTERPRISES LLC
2971 VALLEY AVE
WINCHESTER VA 22601.2631
63 -A- - 2-A
GREYSTONE PROPERTIES LLC
13 S LOUDOUN ST
WINCHESTER VA 22601.4719
Starlite Companies LLC
111 Chapel Rd.
Middletown, VA 22645
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I'. a Notary Public in and for the State and County
aforesaid, do ereby certify that M R. Cheran, Zoning & Subdivision Administrator for the
Dep nt o Planning and Development, whose name is signed to the foregoing, dated
(p , has personally appeared before me and acknowledged the same in my
State and County aforesaid
Given under my hand this
My commission expires of
7. Adjoining Property:
TOALRA-DATA PROCESSING
FROW BEV - Pla ning Dept.
Please pri t sets of I 1 by
�U /( ANKSI
USE
ZONING
North
/?-,(f
East
c'irz ex -
South
AP`*P
West
/;F-10
8. The type of use proposed is (consult with the Planning Dept. before completing)
Res kO- LA-IQ-,Q—� 1261-1. oVi-Qc.,eA.
9. It is proposed that the following buildings will be constructed:
�S P P- a J Lot t1g- 60
10. The following are all of the individuals, firms, or corporations owning properly adjacent
to both sides and rear and in front of (across street from) the property where the requested
use will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
NAME ADDRESS.13-5 C2 w-,N— Le t o n t A
PROPERTY ID# ta4
NAME r 0 y n e jf' V� (-o"-ADDRESS I
PROPERTY ID# 3 11
NAME
PROPERTY ID#
ADDRESS
NAME ADDRESS
PROPERTY ID#
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
CITY OF WINCHESTER FIELD DATA SHEET WINCHESTER 060811
Map N0269-05-A- 1- > NVAPROPERTIES LLC I DW.No.
Acct.No. 14864 4095 VALLEY PK
R# 10348
Acreage 0.458 Class 1 WINCHESTER VA2260
CCU ancy VACANT LAND
196. Story
Age
on
HARVEST RIDGE SD S-1 L-1 PRICE - 1DT 2 07 201
dSS
W S 2307 STONERIDGE RD DB- WB-
0n1n9 B2
INSTRUMENT-LR 2011 0000308
0. nits AFFK
NOT OTDB
Date Insp 7 08 2010 LD
Exterior Interior walls OmeLi Notome
Found. No.Rms. Floors e19 Or 00 1 403
Walls Bd.Rms. Heat BasmIt %Fin. o
Roof Type No.Baths Fireplace Garage No.Cars Car Port No.Cars
Roofing No.1/2 Bths Gas FPs Flue BLT.In Garage No.Cars
ACCESS TO STONERIDGE RD VIA EASEMNT
THElt......... .
.............:...::::.........
OTDES
Uescription
1 Ze
2nd
Kate
Dprllotal
VaIuT/WPUBLIC
Water NONE bas N
ase PAVED ewer NONE Elect. N
err. ON UTILITY VALUE-
ar. ROLLING SLOPING
o. Acres
Price
Va I ue
IN UND DEV- MIN NOT UND DEV-
ront
I DepthArea
nit
a e
T Value
1199441
Ll
1 80000
Depth Fac 1 Adj.l
Depth Fac 2 Adj.2
Bldg
Basm't
Fin.Basm't
um .
Heat
ue
n
Additions S W
L
e e
st,
Uescription
Area
Subtotal
L 80000
B Factor
-- - - - - - - -- Phy%
8000(6)epr. Fnc%
o .00 Ecn%
NB% Total Dwl.
Other Imp.
oCOMPL Total Impr
Land 80000
Total Value 80000
2307 STONERIDGE
Prior Ownership:
TURNER ENTERPRISES LLC
GREYSTONE PROPERTIES LLC
RD GRANTOR:TURNER ENTERPRISES LLC
7/07/2004 89,500
7/18/2003 60,000
02 FRD FREDERICK CO Property Card Inquiry SHAWNEE
Rec# 42824 1
GREYSTONE DEVELOPERS INC 0
Map No 63 9 2 24A
Acct 42824 13 S LOUDOUN ST
GIS# WINCHESTER VA
Acreage 2.53 Class 77 22601 4719
--------------------------------------------------------------------------------
VILLAGE AT HARVEST RIDGE OS Property Location:
2.53 ACRES 00000
OPEN SPACE
Parent R#/M#: 19976 63 A 2
Assessed Value Land Use & Value
Year 1/01/2011 Type Acres Price Adj Value
Land 3,800 OTHER ACR 2.53 1,500 3,795
Impr
Minrl
Tot 3,800
Use
Front Depth Dp Fac Area Unit Rate Adj
Min Val Under Dev- Min Val Not Under Dev-
Enter Next Screen F1 Return to Search F3 Exit F12 Next Record F24 More Keys
H1',a4
Homespun and 1790 Tea Room
. 4;4*,
Homespun Gifts and Gardens is located on the south side of Cedar Creek Grade, specifically at:.949
Cedar Creek Grade, -1/, mile from the center of Winchester at the Winchester City -Frederick County Vne, .
it is literally at the doorstep of two large subdivisions called "Harvest Ridge," one part of which hawses
single family homes and the other part of which houses an active "over 55" community. Homespun is a
unique, 2500.square foot, 18 century log dwelling with stone, frame and brick additions, incluoing.a
another 900 square feet of useable space. It is one of the few
double porch and deck area that adds .
g-trot" plan in Frederick County and as such was added to�the
known examples of a house with a "do
Virginia Historic Register and the National Register of Historic Places shortly after being renovated (to
full commercial standards) in 2002.
Homespun Gifts and Gardens has a current conditional use permit granted in 2002 as a Country Store,
and has been operated successfully over as such over the last seven years by Mary Turner, wife of local
commercial realtor RJ Turner. It offers a wide selection of locally made, hand crafted goods ranging
from wood carvings and statues, stained glass, quilting, jewelry, and other small gift items, all displayed
under a consignment arrangement between Ms. Turner and the artists. The one acre lot and structure
are currently zoned residential but are as mentioned above are being operated under a conditional use
permit granted in 2002.. (note: the one acre adjoining lot is located over the county line in the City of
Winchester, and is zoned B4 commercial).
Starlite Companies, LLC, owned by Jane Nelson, has entered into a sales agreement with Turner
Enterprises ,LLC for the purchase of Homespun and is currently seeking support for a proposed revised.
use as follows:
Starlite Companies LLC intends to retain the existing business called "Homespun", augmenting
its retail offerings with gourmet candy, snacks, and baked goods. We intend to make no
adjustments to the exterior of the existing log structure (except perhaps a refresher painting
and the addition of period shutters on the facade).
Starlite Companies LLC intends to add to the concept of "Homespun" by offering a limited
service, 24-seat tea room offering a traditional British tea menu (soups, salads, tea sandwiches,
scones and pastries), five days per week from 11A-4PM. There will be no adjustments to the
interior of the property to accommodate seating for the tearoom. The only necessary interior
modification will be the conversion of the lower floor"kitchen" area (currently designated for a
kitchen but lacking fitments) to a health department approved semi -commercial grade kitchen
that will be able to service the tearoom. There will be no structural additions or deletions to the
kitchen area; upon discussion with Matt Bloom of the Frederick County Health Department we
learned that given the nature of the menu, the existing space and type of materials used in the
renovation of the building are of an acceptable grade. We need only add additional lighting,
approved appliances, cabinetry and sinks. We intend, insofar as we are able, to retain the period
feel of the kitchen whL,n doing the fitting out.
1 1 1
JUN 2 3 2010
Note: the property already has a VDOT approved commercial entrance as well as parking for 13 cars
and one handicapped vehicle. The parking area would be ample space for a maximum count of 24
diners in the tea room. It is not expected that this proposed use would alter traffic flow significantly.
The property is also currently on public water and sewer.
3. Starlite Companies LLC will also operate a company doing business as V2V Gallery, who will
provide photographic services to the local community and will exhibit its work at Homespun.
V2V intends, with proper zoning and building approval, to build a building up to 800 Sq Ft on the
existing lot and in keeping with the main house. The current intention is to build a' log and
timber framed structure which will be sympathetic to the style of the historic building, The
Planning/Zoning Department will determine the positioning of the building, but the
recommendation of the Historic Resources Advisory Board is to locate it to the rear of the lot
parallel to the boundary (the rear boundary of the lot currently backs to storm drainage and is
approximately 50 yards from the nearest residence). This tentative location has been sketched
on the enclosed survey. This plan currently has the support of the Frederick County Planning
Department, who will assist with a variation in the existing 50 foot setback distances from the
boundary of the main lot. This building will be used to provide a working studio and gallery
space to exhibit photography and other art works both by V2V Gallery and by other local
artisans. The building's interior will be handicapped -accessible, and we intend to add disabled
access from the parking area to the main door of the gallery by building an ADA approved :-amp.
Note: we do not expect that the addition of this building would add significantly to traffic flow or
require additional parking, as it is likely that those guests who are visiting the tearoom and the gift shop
would be the same guests as those who would be visiting the Gallery. Any photographic services,
offered to the local community would be strictly by appointment.
We look forward to meeting with all of you and hope for your support in our use of Homespun. We
apologize for the short notice, but we would appreciate your feedback as soon as possible as we are
hoping to get on the schedule for the July 21 Planning Commission hearing and therefore would need to
receive your comments back by Monday, June 28 to meet the submission deadline. I personally can be
reached at 540 532-0935 should you need to ask any further questions.
Kind Regards,
Jane Nelson
Managing Member
Starlite Companies, LLC
2011 T A X • E C
E I P T
• Ticket #:00392380001
FREDERICK COUNTY
Date
6/16/2011
C. WILLIAM ORNDOFF, JR
Register:
JMH/JMHA
P.O. BOX 225
Trans. #:
11144
Dept #
RE201101
WINCHESTER VA 22604-0225
Acct#
29215
2011 REAL ESTATE -TAXES
Previous
1.00 ACRE
63 A
2H
Balance $
349.71
Acres:
1.00
Principal
Being Paid $
315.29
Land: 55100
Imp:
60600
Penalty $
31.53
Interest $
2.89
TURNER ENTERPRISES LLC
2971 VALLEY AVE
Amount Paid $
349.71
WINCHESTER VA 22601-2631
*Balance Due $ .00
FREDERICK COUNTY TREASUI7
107 NORTH KENT STREET
SUITE 100
For Tax Information & Online Paym
WWW.FREDTAX.COM
Mar. 1
�1
5
Dec. 5
DATES TO REMEMBER
Business Equipment/License
Must be filed
Business License tax due
First Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Second Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Dog tags renew upon expiration of rabies
Other due dates as billed by the Commissioner
Ifnue's Office.
Mailing Address
Frederick County Treasurer
P.O. Box 225
Winchester, VA 22604-0225
(540)665-5607
E-mail Address
BOrndoff @ co.frederick.va.us
Treasurer's Office Hours
Monday through Friday 8:30 am to 5
2010 T A X • E C E I P T - 2ND H A L F•
FREDERICK COUNTY
C. WILLIAM ORNDOFF, JR
P.O. BOX 225
WINCHESTER VA 22604-0225
2010 REAL ESTATETAXES
1.00 ACRE
Land: 79500
TURNER ENTERPRISES LLC
2971 VALLEY AVE
WINCHESTER VA 22601-2631
Ticket #:00391890002
Date 6/16/2011
Register: JMH/JMHA
Trans. #: 11144
Dept # RE201002
Acct# 29215
Previous
63 A 2H Balance
$
721.97
Acres: 1.00
Principal Being Paid
$
620.16
Imp: 163700 Penalty
$
62.02
Interest
$
39.79
Amount Paid
$
721.97
*Balance Due
$
.00
FREDERICK COUNTY TREASU
107 NORTH KENT STREET
SUITE 100
WWW.FREDTAX.COM
DATES TO REMEMBER
Mar. 1
Business Equipment/License
Must be filed
1
.5
Business License tax due
First Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Dec. 5
Second Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Dog tags renew upon expiration of rabies
Other due dates as billed by the Commissioner
Ij�venue's Office.
Mailing Address
Frederick County Treasurer
P.O. Box 225
Winchester, VA 22604-0225
(540)665-5607
E-mail Address
BOrndoff @co.frederick.va.us
Treasurer's Office Hours
Monday through Friday 8:30 am to 5
2010 T A X • E
C E I P T
! Ticket #:
FREDERICK COUNTY
Date
C. WILLIAM ORNDOFF, JR
Register:
P.O. BOX 225
`
Trans. #:
Dept #
WINCHESTER VA 22604-0225
Acct#
2010 REAL ESTATE TAXES
Previous
1.00 ACRE
63 A
2H
Balance $
Acres:
1.00
Principal
Being Paid $
Land: 79500
Imp:
163700
Penalty $
Interest $
TURNER ENTERPRISES LLC
2971 VALLEY AVE
WINCHESTER VA 22601-2631
00391890001
6/16/2011
JMH/JMHA
11144
RE201001
29215
756.08
620.16
62.02
73.90
Amount Paid $ 756.08
*Balance Due $
m
FREDERICK COUNTY TREASU
107 NORTH KENT STREET
SUITE 100
Mar. 1
41
5
Dec. 5
WWW.FREDTAX.COM
DATES TO REMEMBER
Business Equipment/License
Must be filed
Business License tax due
First Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Second Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Dog tags renew upon expiration of rabies
Other due dates as billed by the Commissioner
�enue's Office.
Mailing Address
Frederick County Treasurer
P.O. Box 225
Winchester, VA 22604-0225
(540)665-5607
E-mail Address
BOrndoff@co.frederick.va.us
Treasurer's Office Hours
Monday through Friday 8:30 am to 5:00
2009 T A X i E C E I P T
- 2ND H A
L F • Ticket #:00388230002 @@
FREDERICK COUNTY
Date
6/16/2011
C. WILLIAM ORNDOFF, JR
Register:
JMH/JMHA
P.O. BOX 225
Trans. #:
11144
Dept #
RE200902
WINCHESTER VA 22604-0225
Acct#
29215
2009 REAL ESTATE TAXES
Previous
1.00 ACRE 63 A
2H
Balance $
790.19
Acres:
1.00
Principal
Being Paid $
620.16
Land: 79500 Imp:
163700
Penalty $
62.02
Interest $
108.01
TURNER ENTERPRISES LLC
2971 VALLEY AVE
Amount Paid $
790.19
WINCHESTER VA 22601-2631
*Balance Due $
.00
FREDERICK COUNTY TREASU
107 NORTH KENT STREET
SUITE 100
Mar. 1
a1
5
Dec. 5
WWW.FREDTAX.COM
DATES TO REMEMBER
Business Equipment/License
Must be filed
Business License tax due
First Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Second Half Taxes Due
Personal Property
Real Estate
Sanitary District
Street Light
Star Fort
Dog tags renew upon expiration of rabies
Other due dates as billed by the Commissioner
�enue's Office.
Mailing Address
Frederick County Treasurer
P.O. Box 225
Winchester, VA 22604-0225
(540)665-5607
E-mail Address
BOmdoff@Dco.frederick.va.us
Treasurer's Office Hours
Monday through Friday 8:30 am to 5
9
L
N
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
THIS DEED AND DEED OF ASSUMPTION (the "Deed"), made this 161" day of
June, 2011, between TURNER ENTERPRISES, L.L.C., a Virginia Limited Liability
Company, hereinafter called the "Grantor"; STARLITE COMPANIES, LLC, a Virginia
Limited Liability Company, hereinafter called the "Grantee"; and BANK OF CLARKE
COUNTY, a banking institution organized under the laws of the Commonwealth of Virginia,
hereinafter called "Bank".
CONVEYANCE:
WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Grantor does grant and convey, with General Warranty of Title, unto
the Grantee, in fee simple, the following described real estates:
All of that certain lot or parcel of land, together with all improvement thereon
and all rights, rights of way and appurtenances thereunto belonging, lying and
being situate in Shawnee Magisterial District, Frederick County, Virginia,
fronting on the South side of Cedar Creek Grade (VA Sec. Route 622) ,
containing 1.000 acres, more or less, designated as "PIN 63-A-2H Turner
Enterprises, L.L.C. Instr. #010001683" on that certain plat titled "Boundary Line
Adjustment Plat Between the Lands of Turner Enterprises, L.L.C. and Greystone
Properties, LLC", dated September 26, 2002, drawn by H. Bruce Edens, L.S., a
copy of which is attached to and made a part of that certain Deed of Exchange
dated December 3, 2002, of record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia as Instrument No. 020020982; and being the same
property which was conveyed to Turner Enterprises, L.L.C. by that certain Deed
dated November 26, 2001, of record in the aforesaid Clerk's Office as Instrument
No. 010016832, and by the aforesaid Deed of Exchange dated December 3, 2002,
of record in the aforesaid Clerk's Office as Instrument No. 020020982.
Reference is hereby made to the aforesaid instruments and the references therein
contained for a more particular description of the property conveyed hereby.
Tax Map No.: 63-A-211
This conveyance is made subj ect to all easements, rights of way and restrictions of record
affecting the aforesaid property; provided, however, that the foregoing shall not be deemed in
any way to reinstitute or republish any restrictions of record that may have expired or lapsed.
ASSUMPTION OF INDEBTEDNESS:
A. This conveyance is made subject to the lien of that certain Credit Line Deed of
Trust dated February 29, 2008 from Turner Enterprises, L.L.C. to Stephen L. Pettler, Jr. and
0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
Michael L. Bryan, Trustees, given to secure the Bank of Clarke County up to but not exceeding
in the aggregate, at any one time, the principal sum of $310,000.00, which Deed of Trust
encumbers the hereinabove described property and is of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia as Instrument No. 080002491, as corrected by that
certain Correction and Amendment of Deed of Trust dated March 23, 2011, of record in the
aforesaid Clerk's Office as Instrument No. 110002820 (the "Deed of Trust")
B. As noted above, the Deed of Trust was initially given to secure that certain
Universal Note and Security Agreement dated February 29, 2008 executed by Turner Enterprises,
L.L.C., payable to Bank of Clarke. County, in the original principal sum of $310,000,00 (the
"Note"), which Deed of Trust encumbers the hereinabove described property.
C. The Note has been renewed and is presently evidenced by that certain Renewal
Note dated June 16, 2011 in the principal sum of $276,103.34 executed by Turner Enterprises,
L.L.C., together with interest thereon as more fully set forth therein (the "Renewal Note")
D. The Deed of Trust secures the Renewal Note.
E. Starlite Companies, LLC, Grantee herein, has agreed to assume the indebtedness
evidenced by the Renewal Note and to comply with and to be bound by the terms of the Deed
of Trust, as more fully set forth hereinafter.
F. Turner Enterprises, L.L.C. shall remain liable under the terms fo the Note as
evidenced by the Renewal Note and shall not be released from liability by the terms of this Deed
and Deed of Assumption.
NOW THEREFORE FURTHER WITNESSETH: That for and in consideration of
the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
Starlite Companies, LLC, Grantee herein, as evidenced by its execution of
this Deed, hereby specifically agrees to assume liability for the payment of all outstanding sums
due under the Renewal Note in the original principal sum of $276,103.34, together with any and
all renewals, extensions, modifications and/or substitutions thereof, as part of the consideration
1)
1
• 0
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
of this conveyance. The Grantee specifically agrees to be and to hereafter remain bound by all
of the terms and conditions of the Renewal Note and the Deed of Trust securing the Renewal
Note, and all other instruments executed in connection therewith (collectively, the "Loan
Documents"). The Grantor and Grantee further agree that there are no claims, offsets, defenses,
or counterclaims whatsoever to the Loan Documents and/or the indebtedness evidenced thereby,
and that the Loan Documents are valid, binding and fully enforceable in accordance with the
terms thereof.
2. The Grantor and the Grantee herein further agree that there are no defenses,
claims, offsets or counterclaims whatsoever pertaining to or arising from the Loan Documents
or any of them.
The Bank of Clarke County j oins in this Deed for the express purpose of and does
hereby consent to the transfer of title to the hereinabove described Property, but expressly retains
the right to demand payment in full in the event that the Property is again or hereafter transferred
or conveyed by the Grantee.
4. Except as noted above, the Grantor does hereby covenant that it has the right to
convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said
property, free from all liens and encumbrances (excepting the lien of the Deed of Trust as
referenced hereinabove); and it will grant such farther assurances of title as may be requisite.
WITNESS the following signatures and seals:
TURNER ENTERPRISES, L.L.C.
By:
R . urner, Manager
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me this day of June, 2011, by
Turner Enterprises, L.L.C. as Manager of Turner Enterprises, L.L.C., a Virginia Limited Liability
Company.
My commission expires
3
NOTARY PUBLIC
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
STARLITE COMPANIES, LLC
By:� (SEAL)
Jane E. Nelson, Manager
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me this day of June, 2011,
by Jane E. Nelson as Manager of Starlite Companies, LLC, a Virginia Limited Liability
Company.
My commission expires
NOTARY PUBLIC
BANK F CLARKE, COUNTY
By: (SEAL)
ale L. Fritts, Senior Vice President
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged befoyi me this 1 L 46'day of June, 2011,
by Dale L. Fritts, who is Senior Vice President of Bank #larke County.
My commission expires -1 13111
NOTARY
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FREDERICK COUNTY
53