HomeMy WebLinkAbout07-08 Comments & Correspondence_T) Cu � 0 n uZ
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AMENDMENT
Action:
PLANNING COMMISSION: September 17, 2008 - Recommended Denial
BOARD OF SUPERVISORS: October 8, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07 -08 OF UNGER PROPERTY
WHEREAS, Rezoning #07 -08 of Unger Property, submitted by Painter- Lewis, PLC, to rezone .49 acres
from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance)
District to B2 (Business General) District with proffers dated August 6, 2008 and final revision dated
September 29, 2008, for Commercial Use, (13,225 sf Pharmacy), was considered. The properties are
located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane, in
the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A -A -5 and
53A -A -6.
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17,2008;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2008; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP
(Residential Performance) District to B2 (Business General) District, for commercial use, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes 431 -08
KB F PORATION 4110
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PAINTER- LEWIS, P.L.C.
CONSULTING ENGINEERS
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
tel.: (540)662 -5792 MAY 2 8 2008
fax: (540)662 -5793
email: office @painterlewis.com
May 28, 2008
Mr. Eric Lawrence
Frederick County Department of Planning and Development
106 N. Kent Street
Winchester, VA 22601
RE: Driveway Spacing Waiver Request
P.I.N. Nos. 54- 4 -2 -D, 53- 4 -3 -D1, 53A -A -5, 53A -A -6
Stonewall Magisterial District
Dear Eric:
On behalf of the contract purchaser of the four lots listed above, I am requesting a
waiver from Section 165 -29. A. (4) of the Frederick County Zoning Ordinance pertaining
to "Minimum Driveway Spacing ". This section requires a minimum distance between new
driveways of 200 feet.
Please refer to the following three items:
1) Aerial overview of the site;
2) Proposed Driveway Spacing Waiver Request Exhibit ( "the layout exhibit');
3) Draft of letter to Frederick County for use by Robert Hassinger.
These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the
Unger residence. The Site Aerial shows the three existing entrances along Route 522.
The layout exhibit shows that entrance 1 provides access to the grocery and residence
and the other two entrances, 2 and 3, provide access to the Continental Restaurant.
Please note that there is an existing ingress /egress easement on the restaurant site to
the benefit of the grocery site. This easement is shown on the layout exhibit. There is no
ingress /egress easement agreement between the restaurant property and P.I.N. No.
53A- 2 -D -1. Access to this parcel is from Hickory Lane.
The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory
Lane is 535 feet along Route 522. The application of Section 165 would limit the number
of driveways accessing Route 522 to one entrance located approximately 200 feet from
both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit
this one entrance would have to be located within a 135 foot space near the existing
boundary between 53A -A -5 and 53A -2 -C. Entrance 2 would meet the spacing require-
ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A -2 -C, the re-
construction of entrance 2 to current VDOT standards would interfere with vehicle circu-
lation immediately in front of the existing restaurant. It would also eliminate a significant
amount of parking area now serving the restaurant. The logical location for the entrance
is on 53A -A -5 as shown on the layout exhibit.
0803001 PAINTER- LEWIS, P.L.C.
Mr. Eric Lawrnece • • May 28, 2008
I have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I
have proposed the option of closing his two entrances and providing access via the pro-
posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en-
trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi-
tion. He did not indicate whether or not he will sign it and forward it to you.
Please consider the following in support of the proposed waiver:
• The existing entrance to Oates Grocery will be closed.
• A new entrance will be located further from the Westminster Canterbury Drive in-
tersection.
• The new entrance will have a deceleration lane and it will be designed to VDOT
standards.
• The location of the new entrance will ultimately meet the requirements of Section
165 -29 and it is the logical location for the single entrance that can serve all par-
cels fronting on Route 522 between Westminster Canterbury Drive and Hickory
Lane.
• The new entrance will permit "right in /right out' turning movements only. No left
turns will be permissible.
• A permanent ingress /egress easement will be provided for the benefit of 53A -2 -C
and the new entrance will be designed to permit a shared access with 53A -2 -C.
• The location of an entrance from Westminster Canterbury Drive will meet the re-
quirements of 165 -29.
• While access from Westminster Canterbury Drive will serve the proposed devel-
opment, the second access from Route 522 is necessary to meet the develop-
ment requirements of the proposed pharmacy. In addition, two entrances will bet-
ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and
3 are closed with the redevelopment of 53A -2 -C.
If you have any questions, please call me.
C. Lewis, P.E., C.L.A.
Attachments
C: J. Martin
0804007 PAINTER- LEWIS, P.L.C.
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To: Mr. Eric Lawrence
Frederick County Department of Planning and Development
106 N. Kent Street
Winchester, VA 22601
(tel: 665 -5651)
Date: May 22, 2008
Re: Shared Access with Proposed CVS Pharmacy
From: Mr. Robert Hassinger
Continental Restaurant
1361 North Frederick Pike
Winchester. VA 22603
I have met with representatives of the developer of the CVS pharmacy proposed for the
corner of Route 522 and Westminster- Canterbury Drive. I do not at this time wish to
participate in the proposed shared access driveway, knowing that the result would be
the closing of the two existing entrances to the Continental Restaurant.
Robert Hassinger Date
9
PAINTER- LEWIS, P.L.C.
0
CONSUL 77NG ENGINEERS tel.: (540)662 -5792
817 Cedar Creek Grade, Suite 120 fax: (540)662 -5793
Winchester, VA 22601 email: office @painterlewis.com
June 23, 2008
Mr. Robert Hassinger
c/o Continental Restaurant
1361 North Frederick Pike
Winchester, VA 22603
RE: Shared Entrance Plan
Dear Bob:
1.
JUN 2 5 2008
MT
As you requested during our meeting on June 19, 1 am forwarding this letter to you to list
in detail the items discussed regarding the shared entrance with the proposed phar-
macy. Attached to this letter is a drawing which illustrates these items. The developer of
the adjacent parcel proposes to provide the following:
1) A common entrance from Route 522 will be constructed to serve your property
and the proposed pharmacy.
2) VDOT and Frederick County will require that the Route 522 frontage along
your property be improved with curb and sidewalk. The existing pavement that
is within the VDOT right -of -way will be removed and replaced with lawn.
3) A separate entrance will be constructed to serve your property from the com-
mon entrance.
4) The existing pylon sign on your property will remain in its current location and
conditions.
5) A boundary line adjustment will occur between your property and the adjacent
property. Approximately 4,100 square feet of land will be added to your prop-
erty.
If you have a y questions, please call me.
Si ce ely:
John . Lewis, P.E., C.L.A.
Attachments
C: =J ;xM rti_P
E. Lawrence
0803001 PAINTER- LEWIS, P.L.C.
ROUTE 522 COMMON ENTRAN C - -
____�ACCESS EASEMENT
RESTAURANT ENTRANCE
EXISTING SIGN TO REMAIN
FRONTAGE IMPROVEMENTS
05 43
LAWN
LAWN
NEW EDGE OF PAVEMENT
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4100± SF LAND CONVEYANCE \ \
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PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
l y Winchester,
Virginia 22601
Telephone
(540)662 -5792
CONSULTING Facsimile
(540)662 -5793
ENGINEERS Email office@pointerlewis.com
534
CLARK R2-D-1
USE. R S ��NPi L.
HASSINGER /CVS BOUNDARY LINE DRAWN BY: JOB ND.:
ADJUSTMENT AND FRONTAGE I 'C'- 080300.1
IMPROVEMENTS EXHIBIT SCALE' DATE:
1 " =40.0' 06/23/08
BtA Exhibit
0 M R Y
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
TO: Roderick B. Williams, County Attorney
FROM: Candice E. Perkins, AICP, Senior Planner '
RE: Rezoning Application Proffer Statement
1 11:
Please find attached to this memorandum the proffer statement for the Unager Property We would
appreciate your review of the Proffer Statement.
Thank you for your assistance.
cc: John R. Riley, Jr., County Administrator
Attachment
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0
Rod Williams
From: Rod Williams [rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 1:54 PM
To: 'Candice Perkins'
Subject: RE: Unger rezoning - more
Candice,
This matter seems to get worse.
I took a look at the land records, including the older ones that are only at the courthouse and
not available remotely, and definitely did not find anything that resolves the aspect concerning Mr.
Unger's passing, but I also found a deed (510 -373) that purports to have transferred the front lot
(53A -A -5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred i
directly back from Michel, Incorporated to either of the Ungers, but I suppose that there could have
been something at some point involving someone who owned it for an intervening period.
One piece of good news: the deed (298 -65) for the back lot (53A -A -6) did convey that lot to
Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by
operation of law to Frances on Vernon's death (though Frances would still need to have the
appropriate papers processed to reflect that — at a minimum, we need to see the death certificate).
I will bring you copies of the two deeds (there will also be a third one in there involving the
Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW).
•..
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(cDco.frederick.va.us
From: Candice Perkins [ mailto :cperkins @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:18 AM
To: 'Rod Williams'
Subject: RE: Unger rezoning
Rod,
Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances?
Candice Perkins, AICP
Senior Planner
Frederick County Department of
Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
(540) 665 -5651
(540) 665 -6395 (fax)
coerkins anco.frederick..v
www.co.frederick.va.us
From: Rod Williams [mailto:rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:07 AM
To: 'Candice Perkins'
Subject: Unger rezoning
Candice,
I have reviewed the materials for the Unger rezoning and have one major concern that I
believe has to be addressed before any rezoning may be approved. The applicant represents that
Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records,
it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much
earlier than that for the other parcel.
Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact
comports with what would be in the determinative decades -old documents. Second, only Frances
Unger has signed the application and the power of attorney. We absolutely need to see something
for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would
at least need to see the deeds to make any initial determination as to that), then Frances Unger
needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the
rezoning would not properly be before the Commission or the Board unless all record owners have
signed the application. Along related lines, if the parcels in fact still have co- owners, then the
references to "owner" throughout the proffer statement need to be plural.
Also, I have a small number of less critical issues, as follows: it seems that the GDP should
specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that
the language there could still be improved, particularly that the construction will be "as generally
shown "; finally, re the waiver of the 165 -29 spacing requirements, we need to confirm that there is
actually authority to allow for such a waiver.
M
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(a)co.frederick.va.us
C�U FILE COPY �.
COUNTY of FREDERICK
Department of Planning and Development
N 540/665 -5651
me FAX: 540/665 -6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: October 10, 2008
The amount of $50.00 was deposited in line item 43- 010 - 019110 -0008 for the Unger Property.
Painter- Lewis PLC had a deposit for one sign for Rezoning #07 -08 for Unger Property. The
company 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:
Painter- Lewis PLC
817 Cedar Creek Grade
Suite 120
Winchester, VA 22601
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107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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PLANNING
C E I P T
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Ticket #:00006090001
Date 8/12/2008
Register: BCC /13CCS2
Trans. #: 83908
Dept # 1095
Acct#
Previous
Balance $ 50.00
Principal Being Paid $ 50.00
Penalty $ .00
Interest $ .00
Amount Paid $ 50.00
*Balance Due $ .00
Pd by PLANNING Cash 100.00 Check BALANCE DUE INCLUDES PENALTY /INTEREST THRU THECMONTH6088802OOR VARIOUS
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Painter- Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office(d7pain terlems. com
September 29, 2008
Ms. Candace Perkins
Frederick Co. Dept. of Panning & Development
107 N. Kent Street
Winchester, VA 22601
RE: UNGER PROPERTY REZONING
AGREEMENT
Dear Candice,
Enclosed, please find a copy of the signed agreement between Robert and Joan
Hassinger and JEM X, L.L.C. regarding the improvements to be made in conjunction
with the above referenced project.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
ce
Sinr ly,
IIFi s
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
JOB NUMBER: 0803001
09/17/2008 15:47 5406625793
FAX
, Painter-Lewis, P.L.C.
Consulting Engineers
116 South Stewart Street
Winchester, VA 22601
(540) 662 -5792
office Apainterlewis. com
on
Comments:
Dear Ms. Perkins
PAINTERLEWIS
0.
To: Ms. Candice Perkins
Company: Frederick Co. Planning Dept.
Fax number: 540 - 665 -6395
From: Jill Fries
Fax number: 540 - 662 -5793
Date: 9/17/2008
PAGE 01/07
Regarding:
Hassinger & JEM X, LLC Agreement
Number of pages including cover sheet: 7
Attached, please find a copy of the most current agreement for the Robert
Hassinger and JEM X, LLC agreement for the current Unger Rezoning
Please do not hesitate to contact this office if you would have any questions or
need additional information.
Thank you.
J}I1 Fri
Fs
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 02/07
T1-HS AGREEMENT, made and dated this _ day of September, 2008, by and
between ROBERT E. HASSINGER AND JOAN H. HASSINGER ( "Hassinger "), and
JEM X, LLC, a North Carolina limited liability company ( "JEM ").
RECITALS:
A. Hassinger is the owner of that certain parcel of land containing 21,179 square
feet, more or less, situate on the east side of North Frederick Pike (U.S. Route 522) at
Sunnyside in Stonewall Magisterial District, Frederick County, Virginia, which has a street
address of 1361 North Frederick Pike, upon which is located a restaurant known as "The
Continental Restaurant ", Tax Map No. 53A -2 -D -C (the "Restaurant Property').
B. JEM intends to acquire those four parcels of land located on the east side of
North Frederick Pike (U.S. Route 522), at the intersection of North Frederick Pike and
Westminster- Canterbury Drive at Sunnyside in Stonewall Magisterial District, Frederick
County, Virginia, currently improved by a. car wash, a residence and a grocery store known as
"Oates Grocery", Tax Map No. 53- 4 -2 -D, 53- 4 -3 -D1, 53A -A -6 and 53A -A -5 (the "JEM
Parcels ").
C. JEM is seeking to rezone that certain parcel designated as Tax Map No. 53A-
A-6 to a B -2 zoning classification (the "Rezoning ") and to obtain approval of a site plan for
the construction and operation of a pharmacy on the JEM Parcels (the "Site Plan "), and as
part of such process, has agreed to make certain improvements to the JEM Parcels and the
Restaurant Property including reconfiguration of entrances from public highways to the
properties (the "Restaurant Property Improvements"), as the same are more particularly
described and depicted on that certain exhibit titled "Property Improvement Plan PIN #53A-
2-D-C" dated September 15, 2008, prepared by Painter- Lewis, P.L.C." (the "Exhibit "), a
copy of which is attached hereto and incorporated herein by reference as if set out in full.
NOW, 'THEREFORE WITNESSETH, for and in consideration of the payment of
Ten Dollars, and in consideration of the mutual obligations of the parties hereto, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Recitals The recitals are incorporated herein and made a material part hereof
as if set out in full.
2. Conditions Precedent: JEM's obligation and liability under the terms of
this Agreement to make the Restaurant Property Improvements is expressly conditioned and
subject to all of the following:
— i— = Receiptof final; non - appealable approval of the Rezoning by the - --
County of Frederick, Virginia (the "County'), or such other governing or judicial body
09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 03/07
having jurisdiction thereof on or before October 1, 2009; and,
ii. Receipt of final, non - appealable approval of the Site Plan by the
County, or such other governmental agency having jurisdiction thereof on or before October
1, 2009; and,
iii. Issuance of a building permit for the construction of a pharmacy (the
"Pharmacy ") upon the JEM Parcels by the County, or such other governmental agency
having jurisdiction thereof on or before December 31, 2009; and,
iv. There being no moratorium upon the construction of the Pharmacy or
the provision of utility service to the Pharmacy located upon the JEM Parcels imposed by the
County, or any other governmental agency or utility provider having jurisdiction thereof,
which delays and /or stops the construction of the Pharmacy upon the JEM Parcels or the
Restaurant Property Improvements.
v. JEM, in its sole discretion may unilaterally extend any or all of the
dates set forth above for up to two (2) years or waive any or all of the foregoing conditions.
vi. Receipt of final, non - appealable approval of the Site Plan and issuance
of a building permit by the County, or such other governmental agency having jurisdiction
thereof for the construction of the Restaurant Property Improvements on or before December
31, 2009.
3. Restaurant Property improvements:
L The Restaurant Property Improvements shall consist of the following,
as are more fully depicted on the attached Exhibit:
a. A non - exclusive shared entrance from North Frederick Pike
shall be constructed on the JEM Parcels to serve the Restaurant Property and the Pharmacy,
the approximate location and design of which is depicted and labeled as "Shared Entrance"
on the attached Exhibit. A temporary construction easement to construct the Restaurant
Property Improvements and a pennanent ingress /egress easement for the shared entrance over
a portion of the JEM Parcels and the Restaurant Property and for vehicular and pedestrian
traffic across the paved areas of the JEM Parcels and the Restaurant Property both in a form
approved by JEM will be executed by Hassinger and JEM and recorded among the land
records in the Clerk's Office of the Circuit Court of Frederick County, Virginia prior to
construction of the Restaurant Property Improvements.
_The North Frederick Pike_frontage along-the Restaurant-
Property will be improved with curb and a bike path, as required by the County and the
Virginia Department of Transportation, the approximate location and design of which is
09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 04/07
depicted and labeled as `Bicycle/Ped Path" on the attached Exhibit.
C. An entrance to serve the Restaurant Property will be
constructed from Shared Entrance off of North Frederick Pike, the approximate location and
design of which is depicted and labeled as "Restaurant Entrance" on the attached Exhibit.
d. The existing pylon sign located upon the Restaurant Property
will remain in its current location and condition, the approximate location of which is
depicted and labeled as "Existing Pylon Sign" on the attached Exhibit.
e. A boundary line adjustment will be granted to cause
approximately 4,1.00 square feet of land to be added to the Restaurant Property out of the
JEM Parcels, the approximate location and layout of which is depicted and labeled as
"Boundary Adjustment Area' on the attached Exhibit.
f. JEM will apply for the necessary approvals to
construct a right out only exit onto North Frederick Pike as part of the Rezoning, the
approximate location and design of which is depicted and labeled as "Right Out Exit" on the
attached Exhibit: however, JEM does not warrant or guaranty that the approval for the Right
Out Only Exit will be obtained. In the event the approval for the Right Out Exit is not
obtained, JEM will have no further obligation related to the Right Out Exit including, but not
limited to, any dutv to appeal any decision not to grant approval for the Right Out Exit.
ii. Provided that all of the terms and conditions of Section 2, above, have
been met and fully satisfied, then and in that event, JEM agrees to make the Restaurant
Property Improvements (or those of which JEM has received approval to construct) at such
time as the Pharmacy is constructed upon the JEM Parcels. However, in the event that all of
the terms and conditions of Section 2, above, are not met and satisfied in full to JEM's
satisfaction, then and in that event, JEM shall have no liability or obligation whatsoever to
construct the Restaurant Property Improvements to grant an ingress /egress easement for
pedestrian and vehicular traffic across the paved areas of the JEM Parcels or make the
Boundary Line Adjustment. In the event JEM does not receive approvals for the Rezoning,
the Site Plan or for any of the Restaurant Property Improvements, JEM will have no further
obligations related to this Agreement including, but not limited to, any duty to appeal any
decision not to grant any of the approvals.
iii. The Restaurant Property Improvements will be made at the sole cost
and expense of JEM.
4. Notices: -_ —_ Any_ notice permitted _or.required.bythe - provisions of this------------ - - - - --
Agreement shall be deemed to have been given when delivered in writing as follows:
09/17/2008 15:47
To Hassinger:
To JEM: JEM X, TLC
Post Office Box 3538
Gastonia, North Carolina 28054
Attn: James E. Martin, Manager
Fax: 704/867 -4273
5406625793
0
5. Miscellaneous:
PAINTERLEWIS
Is
Robert E. Hassinger
Joan B. Hassinger
c/o Continental Restaurant
1.361 North Frederick Pike
Winchester, Virginia 22601
Fax: 540/
PAGE 05/07
i. This Agreement contains the entire agreement between JEM and
Hassinger and supersedes any prior and /or contemporaneous negotiations, understandings
and agreements, written or oral, between JEM and Hassinger. This Agreement shall not be
amended or modified except by written instrument executed by the parties hereto.
ii. This Agreement shall be governed by the laws of the Commonwealth
of Virginia. It is understood and agreed by the parties to this Agreement that if any part,
term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal
or in conflict with any law of the Commonwealth of Virginia, the validity of the remaining
portions or provisions shall not be affected and the rights and obligations of the parties shall
be construed and enforced as if this Agreement did not contain the part, term or provision
held to be invalid.
iii. This Agreement will extend to and be binding upon the heirs, personal
representative, successors and assigns of the parties hereto and may be recorded at JEM's
election.
iv. Time is of the essence as to all matters set forth herein. .
V. Hassinger agrees to cooperate with JEM and to promptly execute and
deliver to JEM all such applications, drawings, plats, certifications, easements, dedications
and other documents that JEM or its agents request to obtain the approvals and to satisfy all
of the terms and conditions of this Agreement.
WITNESS the following signatures and seals:
09/17/2008 15:47 5406625793 PAINTERLEWIS PAGE 06/07
•
WITNESS: JEM X, LLC
Z—A By: - - -� (SAL)
James E. Martin, Manager
(SEAL)
ROBERT E. NASSINGER
JOAN B. IIASSINGER
G: \wodxta\2392 040VEM - Hassingu Agc1can091608.doc
09/17/2008 15:47
5406625793
•
PAINTERLEWIS
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Candice Perkins
From: Rod Williams [rwillia @co.frederick,va.usl
Sent: Thursday, September 04, 2008 2:19 PM
To: 'Candice Perkins'
Subject: RE: Unger Property
Candice — Thanks. I have reviewed the death certificate and everything looks to be in good order.
-..
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia ar7.co.frederick.va.us
From: Candice Perkins [ mailto :cperkins @co.frederick.va.us]
Sent: Thursday, September 04, 2008 2:04 PM
To: 'Rod Williams'
Subject: FW: Unger Property
HI Rod,
Attached is the death certificate for Mr. Unger.
Ca*t&'ce &ve/zirri, AICP
Senior Planner
Frederick County Department of
Planning & Development
107 North Kent Street. Suite 202
Winchester, Virginia 22601
(540) 665 -5651
(540) 665 -6395 (fax)
cperkins(a)co.frederick.va. us
www.co.frederick.va.us
From: Jill Fries [mailto:jill @painterlewis.com]
Sent: Thursday, September 04, 2008 1:59 PM
To: 'Candice Perkins'
Subject: Unger Property
Hi Candice,
Mrs. Unger brought in a copy of the Death Certificate. I am sending it attached to this email. If that is
not ok, just let me know and
Thanks,
Jill
Jill Fries
II get one over there in a bit. _
Engineering Admin. Asst. •
Painter- Lewis, PLC
817 Cedar Creek Grade, Suite 120 -
Winchester, VA 22601
540.662.5792
il�painterlewis.com
z
ya • •
Candice Perkins
From: Rod Williams [rwillia @co.frederick.va.us]
Sent: Thursday, September 04, 2008 2:03 PM
To: 'Candice Perkins'
Subject: RE: Unger rezoning - looks good now
Candice,
I have further reviewed relevant title records and am sufficiently satisfied that we are good to
go on this, per the following:
• The "front lot" — As you correctly note, the 1979 deed from the Ungers to Michel,
Incorporated, in Book 510 at Page 373, conveyed only lots A -1 and B -1 and not lot C -1,
which is the front lot. That deed does assist us by noting the sources of title for all three
lots — a 1961 deed, in Book 273 at Page 274, and a 1954 deed, in Book 231 at Page 153.
Both the 1961 and 1954 deeds make conveyances to the Ungers as tenants by the
entireties, so the death certificate will suffice to establish Mrs. Unger's current claim as to
anything covered by those deeds. The lot descriptions in the 1954 deed comport with
predecessor lots to those in the 1979 deed (all of which predecessors are in fact to the east
of the current front lot). The 1961 deed relies on an earlier deed (in Book 269 at Page 326)
for a description. I did not look at the earlier deed, but that earlier deed is noted in the front
lot area on the plat accompanying the 1979 deed. This should all be more than sufficient,
especially considering the long passage of time since all of these transactions took place.
• The "back lot" — The 1964 deed to the Ungers, in Book 298 at Page 65, is to them as
tenants by the entireties, so the death certificate will suffice to establish Mrs. Unger's
current claim.
I have copies of the additional deeds, should you need them.
Me!
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E -mail: nvillia ,co.frederick.va.us
From: Rod Williams [ mailto :rwillia @co.frederick.va.usj
Sent: Tuesday, September 02, 2008 1:54 PM
To: 'Candice Perkins'
Subject: RE: Unger rezoning - more
. Candice
This matter seems to get worse.
I took a look at the [and records, including the older ones that are only at the courthouse and
not available remotely, and definitely did not find anything that resolves the aspect concerning Mr.
Unger's passing, but I also found a deed (510 -373) that purports to have transferred the front lot
(53A -A -5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it
1
directly back from Michel, Incoporated to either of the Ungers, buttquppose that there could have
been something at some point involving someone who owned it for an intervening period.
One of good news: the deed (298 -65) for the back lot (53A -A -6) did convey that lot to
Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by
operation of law to Frances on Vernon's death (though Frances would still need to have the
appropriate papers processed to reflect that — at a minimum, we need to see the death certificate).
I will bring you copies of the two deeds (there will also be a third one in there involving the
Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW).
s
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(a)co.frederick.va.us
From: Candice Perkins [ mai Ito: cperkins @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:18 AM
To: 'Rod Williams'
Subject: RE: Unger rezoning
Rod,
Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances?
erns" / AICP
Senior Planner
Frederick County Department of
Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
(540) 665 -5651
(540) 665 -6395 (fax)
From: Rod Williams [ mailto :rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:07 AM
To: 'Candice Perkins'
Subject: Unger rezoning
Candice,
I have reviewed the materials for the Unger rezoning and have one major concern that I
believe has to be addressed before any rezoning maybe approved.< Tlie applicant.-represents,
Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records,
it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much
earlier than,that for the other parcel.
Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact
comports with what would be in the determinative decades -old documents. Second, only Frances
Unger has signed the application and the power of attorney. We absolutely need to see something
for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would
3
aPleast need to see the deepo make any initial determination as o that), then Frances Unger
needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the
rezoning would not properly be before the Commission or the Board unless all record owners have
signed the application. Along related lines, if the parcels in fact still have co- owners, then the
references to 'owner" throughout the proffer statement need to be plural.
Also, I have a small number of less critical issues, as follows: it seems that the GDP should
specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that
the language there could still be improved,' particularly that the construction will be "as generally
shown "; finally, re the waiver of the 165 -29 spacing requirements, we need to confirm that there is
actually authority to allow for such a waiver.
i.•
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E -mail: rwillia@co.frederick.va.us
Candice Perkins
From: Rod Williams Irwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:38 AM
To: 'Candice Perkins'
Subject: RE: Unger rezoning
Candice,
We cannot give her legal advice, but I believe that she has to file an affidavit of "some form,
along with a death certificate, with the Circuit Court, or perhaps just with the Commissioner of the
Revenue. She may just want to check with the Commissioner's office. Frankly, I am not entirely
certain what has to be done, but the County's knowledge as to the rezoning at this point has to be
limited to what is of public record. That record says that Vernon and Frances own the property and
we do not have Vernon's signature on the rezoning.
We also have to hope that the property was titled in them as "tenants by the entireties ", so that
his interest went to her by operation of law upon his death. If it was held as "tenants in common ",
then that would raise complicating issues of having to deal with any other potential heirs. We would
need to see copies of the original deeds to the Ungers to ascertain whether that is a concern.
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E -mail: rwillia co.frederick.va.us
From: Candice Perkins [ mai Ito: cperkins @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:18 AM
To: 'Rod Williams'
Subject: RE: Unger rezoning
Rod,
Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances?
ea+ d4ee /wlclu >,.t, AICP
Senior Planner
Frederick County Department of
Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia „22601
(540)665 -5651
(540) 665 -6395 (fax)
cperkins(a)co.frederick.va. us
www.co.frederick.va.us
From: Rod Williams [mailto:rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:07 AM
To: 'Candice Perkins'
Subject: Unger rezoning
1
Candice,
I have reviewed the materials for the Unger rezoning and have one major concern that I
believe has to be addressed before any rezoning may be approved. The applicant represents that
Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records,
it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much
earlier than that for the other parcel.
Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact
comports with what would be in the determinative decades -old documents. Second, only Frances
Unger has signed the application and the power of attorney. We absolutely need to see something
for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would
at least need to see the deeds to make any initial determination as to that), then Frances Unger
needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the
rezoning would not properly be before the Commission or the Board unless all record owners have
signed the application. Along related lines, if the parcels in fact still have co- owners, then the
references to "owner" throughout the proffer statement need to be plural.
Also, I have a small number of less critical issues, as follows: it seems that the GDP should
specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that
the language there could still be improved, particularly that the construction will be "as generally
shown "; finally, re the waiver of the 165 -29 spacing requirements, we need to confirm that there is
actually authority to allow for such a waiver.
Me
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(d�co.frederick.va.us
2
Candice Perkins
From: Rod Williams [rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 1:54 PM
To: 'Candice Perkins'
Subject: RE: Unger rezoning -more
Candice,
This matter seems to get worse.
I took a look at the land records, including the older ones that are only at the courthouse and
not available remotely, and definitely did not find anything that resolves the aspect concerning Mr.
Unger's passing, but I also found a deed (510 -373) that purports to have transferred the front lot
(53A -A -5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it
directly back from Michel, Incorporated to either of the Ungers, but I suppose that there could have
been something at some point involving someone who owned it for an intervening period.
One piece of good news: the deed (298 -65) for the back lot (53A -A -6) did convey that lot to
Vernon and Frances, husband and wife, as tenants by the entireties, so that the lot transferred by
operation of law to Frances on Vernon's death (though Frances would still need to have the
appropriate papers processed to reflect that — at a minimum, we need to see the death certificate).
I will bring you copies of the two deeds (there will also be a third one in there involving the
Ungers, but it appears to be irrelevant, as it concerns a property at Albin three miles to the NW).
e
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E- mail: rwillia(c)co.frederick.va.us
From: Candice Perkins [ mailto :cperkins @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:18 AM
To: 'Rod Williams'
Subject: RE: Unger rezoning
Rod,
Vernon Unger is deceased (Frances was his wife), what type of paperwork would we need from Frances?
ea#td" P&u� ' , AICP
Senior Planner
W
�Fredericl County Department of
Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
(540) 665 -5651
(540) 665 -6395 (fax)
cperkins(a)co.frederick.va. us
www.co.frederick.va. us
From: Rod Williams [ mailto :rwillia @co.frederick.va.us]
Sent: Tuesday, September 02, 2008 8:07 AM
To: 'Candice Perkins'
Subject: Unger rezoning
Candice,
I have reviewed the materials for the Unger rezoning and have one major concern that I
believe has to be addressed before any rezoning may be approved. The applicant represents that
Vernon and Frances Unger own the parcels. While this is consistent with the real estate tax records,
it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much
earlier than that for the other parcel.
Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact
comports with what would be in the determinative decades -old documents. Second, only Frances
Unger has signed the application and the power of attorney. We absolutely need to see something
for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would
at least need to see the deeds to make any initial determination as to that), then Frances Unger
needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the
rezoning would not properly be before the Commission or the Board unless all record owners have
signed the application. Along related lines, if the parcels in fact still have co- owners, then the
references to "owner" throughout the proffer statement need to be plural.
Also, I have a small number of less critical issues, as follows: it seems that the GDP should
specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that
the language there could still be improved, particularly that the construction will be "as generally
shown ", finally, re the waiver of the 165 -29 spacing requirements, we need to confirm that there is
actually authority to allow for such a waiver.
C..
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540) 667 -0370
E -mail: rwillia(a)co.frederick.va.us
Page 1 of 1
REZOA_V.uG
Unger 13v
Grea Kerr
From: "RL PLACE" <cephefp @verizon.net>
To: <gkris @shentel.neb; <Iwfarm @shentel.net >; <june.wilmot @verizon.net>
Cc: <pamthomas @comcast.net >; <trff @visuallink.com >, <greglunger @yahoo.com>, <rickours @comcast.net >;
<rours @su.edu >; <gkerr02 @comcast.net>
Sent: Tuesday, September 16, 2008 11:15 PM
Subject: Planning Commison meeting 9 -17 -08
Dear Mr. Kriz and Mr Triplett, Gainesboro District members
and the Frederick County Planning Commission Chairman Member at Large, June Wilmot
I just found out that the Planning Commision Meeting this Wednesday evening you will be discussing re- zoning of the
properties located on 522 North between Westminister Canterbury Drive and Hickory Lane.
I am unable to attend the meeting because of a prior committment.
I want to express my feelings about this re- zoning. I have lived on Hickory Lane since 1956. 1 have watched a very rural
area become commericalized in these decades, especially in the last 10 years.
CVS is located in the Sunnyside Plaza. We DO NOT need to rezone for a mega store to come in and take away the 3-4
small businesses located on this strip of land. Many of these businesses have been here for years. The CVS stand alone
building is hugh, ugly, and take up so much area. We have even a shopping center almost across from Sunnyside Plaza
where Martin's is located that still has empty space available if CVS wants to build a stand alone store. It will take away the
small buiness, the little bit of green land still located on the RT 522 in this stretch. Also, over shadow or even take the
Continental Restaurant. It will take away cur neighborhold store, Oates Cash Grocery. The store has been at this location
for almost 50 years, Oates for 35 years. Re- zoning will take away this personallization and hand it over to a 2 -3 story
building, which takes more of the skyline away and adds more continuious lighting at night which with Martins & Food Lion
Shopping Centers already polute the evening night with all night lighting.
Also, more cement put down, is creating draining problems for the neighbors on Hickory Street. Not enough land to absorb
rain and also, causing a run off from Canterbury Drive into the basements of Homes on Hickory Street. We have been
experiencing this now for several years because of the homes being build behind the Car Wash on the east side of the
Westminister Canterbury Drive. We never experienced flooding and run -off at all until the houses were built there in the last
3 -4 years.
Also, the traffic entrances will make it dangerous, more traffic for those of us who are 55 and older. Which most of the
residents are on both drives. Plus putting the residents of SV Westminister Canterbury Center to many more chances of
wrecks and finder benders. As well as, us turning onto Hickory Lane.
Also, the James Wood High School Cross Country teams runs the streets and Rt 522 to condition themselves for their
meets. Which adding another hugh CVS Center on this route adds to them possibly being hit and killed by people pulling in
and out of this hugh CVS parking lot.
MY husband and I are both against this rezoning. We hope you will consider not passing it and keeping the zone we have
at the present and presevre these several small business from being closed by a hugh corporation. Small business are
what built this country and this county. We should not ever forget that. We do not need another pharmacy here on Rt 522.
CVS in the Sunnyside Plaze and Martin's Pharmacy across the street. Also, Walmart's Pharmacy is on the next major
highway RT 50 West, as well as the one one the corner of Fox Drive and Amherst and one across from the James Wood
Middle School and Valley Health Pharmacy at the WMC (between Rt 522 & Rt 50) provide Pharmacy choices for the whole
area. We have 5 Pharmacies within .3 mile to 2.5 miles.
So NO to the re- zoning.
Thank you,
Mrs. Cephe F. Place
109 Hickory Lane'
Winchester, VA 22603
(540) 667 -8364 Home
9/17/2008
Y
COUNTY of FREDERICK
Departiifenf of Planning and Development"
107 North Kent Street, Suite 202 • Wiumhester, Virginia 22601 -5000
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Telephone: 540/665 -5651 FAX: 540 /665 -6395
TO: S�QWQ(f BL
COMPANY:
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Number of Pages (includvig cover sheet)
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Date Time Destination Mode TXtime Page Result User Name No.
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September 3, 2008
Ms. Candice Perkins
Frederick County Planning Department
107 North Kent Street
Winchester. VA 22601
RE: UNGER PROPERTY TM #53A -A -6
REZONING APPLICATION
Dear Candice,
Painter - Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office(a)oainterlewis, com
Enclosed, please find as requested in your email dated August 14, 2008, the following
information for the Unger Rezoning Application,
• Revised Impact Analysis Statement with new exhibits pertaining to the site
layout, to include the Memorandum of Understanding.
• Revised Proffer Statement and Generalized Development Plan with changes.
• Revised deed information for parcel 53A -A -5.
• Updated Agency comments to include those from the County Attorney.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
'ncer ly,
JD
ri
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
-- .. -- _-- - --- —
r;
SEP 3 2008 j
JOB NUMBER: 00803001
0
PAINTER- LEWIS, P.L.C.
CONSULTING ENGINEERS
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
u
tel.:
(540)662 -5792
fax:
(540)662 -5793
email:
office @painterk
Ms. Candice Perkins
Frederick County Department of Planning and Development
106 N. Kent Street
Winchester, VA 22601
RE: Unger Property Rezoning
Stonewall Magisterial District
Dear Candice:
I would like the opportunity to make some revisions to the Proffer Statement on behalf of
Mrs. Unger. Please defer the Planning Commission public hearing until September 17.
_., C.L.A.
C:
J. Martin
F. Unger
!._ AUr. 2 8 2008 I {
0803001 PAINTER- LEWIS, P.L.C.
Painter - Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office65�pain terlewis. com
August 19, 2008
Ms. Candice Perkins
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
RE: UNGER PROPERTY TM #53A -A -6
DRIVEWAY SPACING WAIVER REQUEST
Dear Candice,
Attached, please find a copy of the letter and exhibits that were submitted to Mr. Eric
Lawrence on May 28`", 2008 for the Waiver Request, for the above referenced project.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
W in. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
f AUG 1 9 2008
y
a :Nf
JOB NUMBER: 00803001
0
PAINTER- LEWIS, P.L.C.
CONSULTING ENGINEERS
817 Cedar Creek Grade. Suite 120
r`1
u
tel.: (540)662 -5792
fax: (540)662 -5793
Winchester, VA 22601 email: office @painterlewis.com
May 28, 2008
Mr. Eric Lawrence
Frederick County Department of Planning and Development
106 N. Kent Street
Winchester, VA 22601
RE: Driveway Spacing Waiver Request
P.I.N. Nos. 54- 4 -2 -D, 53- 4 -3 -D1, 53A -A -5, 53A -A -6
Stonewall Magisterial District
Dear Eric:
On behalf of the contract purchaser of the four lots listed above, I am requesting a
waiver from Section 165 -29. A. (4) of the Frederick County Zoning Ordinance pertaining
to "Minimum Driveway Spacing ". This section requires a minimum distance between new
driveways of 200 feet.
Please refer to the following three items:
1) Aerial overview of the site;
2) Proposed Driveway Spacing Waiver Request Exhibit ( "the layout exhibit ");
3) Draft of letter to Frederick County for use by Robert Hassinger.
These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the
Unger residence. The Site Aerial shows the three existing entrances along Route 522.
The layout exhibit shows that entrance 1 provides access to the grocery and residence
and the other two entrances, 2 and 3, provide access to the Continental Restaurant.
Please note that there is an existing ingress /egress easement on the restaurant site to
the benefit of the grocery site. This easement is shown on the layout exhibit. There is no
ingress /egress easement agreement between the restaurant property and P.I.N. No.
53A- 2 -D -1. Access to this parcel is from Hickory Lane.
The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory
Lane is 535 feet along Route 522. The application of Section 165 would limit the number
of driveways accessing Route 522 to one entrance located approximately 200 feet from
both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit
this one entrance would have to be located within a 135 foot space near the existing
boundary between 53A -A -5 and 53A -2 -C. Entrance 2 would meet the spacing require-
ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A -2 -C, the re-
construction of entrance 2 to current VDOT standards would interfere with vehicle circu-
lation immediately in front of the existing restaurant. It would also eliminate a significant
amount of parking area now serving the restaurant. The logical location for the entrance
is on 53A -A -5 as shown on the layout exhibit.
0803001 PAINTER- LEWIS, P.L.C.
Mr. Eric Lawrnece May 28, 2008
I have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I
have proposed the option of closing his two entrances and providing access via the pro-
posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en-
trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi-
tion. He did not indicate whether or not he will sign it and forward it to you.
Please consider the following in support of the proposed waiver:
• The existing entrance to Oates Grocery will be closed.
• A new entrance will be located further from the Westminster Canterbury Drive in-
tersection.
• The new entrance will have a deceleration lane and it will be designed to VDOT
standards.
• The location of the new entrance will ultimately meet the requirements of Section
165 -29 and it is the logical location for the single entrance that can serve all par-
cels fronting on Route 522 between Westminster Canterbury Drive and Hickory
Lane.
• The new entrance will permit "right in /right out" turning movements only. No left
turns will be permissible.
• A permanent ingress /egress easement will be provided for the benefit of 53A -2 -C
and the new entrance will be designed to permit a shared access with 53A -2 -C.
• The location of an entrance from Westminster Canterbury Drive will meet the re-
quirements of 165 -29.
• While access from Westminster Canterbury Drive will serve the proposed devel-
opment, the second access from Route 522 is necessary to meet the develop-
ment requirements of the proposed pharmacy. In addition, two entrances will bet-
ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and
3 are closed with the redevelopment of 53A -2 -C.
If you have any questions, please call me.
q J ntzC � � . Lewis, P.E., C.L.A.
Attachments
C: J. Martin
0804007
PAINTER- LEWIS, P.L.C.
r
Painter - Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office(aD.painterlewis. corn
August 14, 2008
Ms. Candice Perkins
Frederick County Planning Department
107 North Kent Street
Winchester. VA 22601
RE: UNGER PROPERTY TM #53A -A -6
REZONING APPLICATION
Dear Candice,
AUG 1 a coos
Enclosed, please find as requested in your email dated August 14, 2008, the following
information for the Unger Rezoning Application:
• Revised Impact Analysis Statement with new exhibits pertaining to the site
layout.
• Revised Proffer Statement and Generalized Development Plant with changes as
necessary for the new site layout.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
ncer y,
n Admin. Assistant
PAINTER- LEWIS. P.L.C.
Enclosure
JOB NUMBER: 00803001
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
GIS, MAPPING, GRAPMCS
WORK P L E QUEST
DATE RECEIVED: ;1)1
COMPLETION DATE: f
REQUESTING AGENT:
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone:
E -mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional information on back of request
ew l /h 611N R.FZON i ij� W
` Prnr�j�8 ,q --A 5 3,j -A -�
DIGITAL:
SIZES:
COLOR:
BLACK(WHITE: NUMBER OF UuFlt,�)
STAFF MEMBER: HOURS REQUIRED:
COMPLETION DATE:
MATERIALS:
DATE OF PICK- UP/DELNERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
PAPER: FAX: E -MAIL:
AMOUNT PAID:
CHECK NO4
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651)
FAX:
n. 3 1 2008 _
_I
Document Approval Form r
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 APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
Candice
Mark
Dana
Eric
Mike
John
Amber
INITIALS DATE & TIME
r� �D
COMMENTS:
Received by Clerical Staff (Date & Time): p D 8 y
U:\Pam \Common\Document Approval Form.wpd