HomeMy WebLinkAbout13-08 Comments & Correspondence0
0
AMENDMENT
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Action:
PLANNING COMMISSION: January 7, 2009 - Recommended Approval
BOARD OF SUPERVISORS: January 28, 2009 I F11 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 913 -08 OF 1932 - 1958 SENSENY ROAD PHARMACY
WHEREAS, Rezoning #13 -08 of 1932 - 1958 Senseny Road Pharmacy, submitted by Painter- Lewis,
PLC, to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District,
with proffers dated July 2, 2008 with last revision date of January 21, 2009, for a Commercial Project that
may include a Pharmacy, was considered. The properties are located in the southeastern quadrant of the
intersection at Senseny Road (Route 665) and Greenwood Road (Route 656), in the Red Bud Magisterial
District, and are identified by Property Identification Numbers -55 -A -196, 65A -2 -1, 65A-2-1-2,65A-2-1-3,
65A- 2 -1 -4, and 65A- 2 -1 -5.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; 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
rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District for a
Commercial Project that may included a Pharmacy, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRES #03 -09
0 •
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of January, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton - Aye
Gary W. Dove Aye Bill M. Ewing Aye
Y A
Gene E. Fisher Aye Charles S. DeHaven, Jr. e Y
Philip A. Lemieux Aye
A COPT' ATTEST
John I,z Rilq- Jr.
Frederick County Admirristrator
?DRES #03 -09
0
0
1932-1958 Senseny Road
Proffer Statement
Rezoning #:
Property: 3.93 acres
PARCEL ID's: 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3,
65A- 2 -1 -4, 65A -2 -1 -5
Recorded Owner: Sandra Love, Power of Attorney, Kenneth L. & Shirley B.
Mason, Franklin B. Anderson, Donald E. Strauss
Applicant: Mr. David Ervin
Ervin Development Corporation
1830 Plaza Drive
Winchester, Virginia 22601
Project Name: Ervin Development Corporation
1932 -1958 Senseny Road
Original Date
cf Proffers: July 2, 2008
Revision Date(s): October 2, 2008
December 22, 2008
January 21, 2009
Prepared by: PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662 -5792
email: office ,painterlewis.com
Job Number: 00803015
• s
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3,65A-2-1-4, 65A -2 -1 -5
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # /2-D$ for the rezoning of
parcels TM #'s 55 -A -196, 65A- 2- 1,65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5 from RP
to B2, the use and development of the subject property shall be in strict conformance
with the following conditions set forth in this proffer except to the extent that such
conditions may be subsequently amended or revised by the applicant and such are
approved by the Board of Supervisors in accordance with the Code of Virginia and the
Frederick County Zoning Ordinance. These proffers shall be binding on the owner and
their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated
10/02/08, identified as 1932 -1958 Senseny Road" and which is attached to the proffer
statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location and form of the site access, the location of the
proposed pharmacy, the location of a monument to the Greenwood School, the
approximate location of interparcel access easements, and construction improvements
to Route 657 and Route 656. Please refer to the attached drawing named "GDP ".
2.) Improvements to Route 657 and Route 656
The applicant will make the necessary road frontage improvements, as required by the
Virginia Department of Transportation, to Route 657 ( Senseny Road) and Route 656
(Greenwood Road) in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County during the site plan review process. The improvements will include:
a) The dedication of land for the expansion of Route 657. The dedication will
include approximately 7' parallel to the existing right of way along the full
frontage of the site to provide a total right of way width of 80';
b) The design and construction of a right turn/ through lane eastbound on Route
657 and a raised median to prevent left turns from the site as required by VDOT;
c) The dedication of land for the expansion of Route 656. The dedication will
include approximately 3,300 square feet sufficient for the installation of additional
lanes on Route 656 along the frontage of the site.
d) The design and construction of a through lane and right turn lane northbound on
Route 656 at its intersection with Route 657 and a raised median to prevent left
turns from the site as required by VDOT;
e) The design and construction of a full access commercial entrance aligning with
the existing entrance to Orrick Commons and the required alterations to the
existing traffic signal as required by VDOT.
f) The design and construction of a right -in /right -out commercial entrance on
Greenwood Road.
g) The design and construction of a right -in only commercial entrance on Senseny
Road.
page 2
PROFFER STATEMENJ•
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1-4, 65A -2 -1 -5
Ck 3.) Monetary Contribution to Frederick County Service Organizations
�g5 The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for the benefit of the Greenwood Community Fire and Rescue Company the sum of
` $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the
O receipt of the first building permit issued for the site, subsequent to the approval of this
rezoning.
4.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the
3.93 acres to 30,000 square feet. The amount of commercial area to be built will be
determined through the site plan review process.
5.) Design Features
The applicant agrees to construct a five (5) foot wide sidewalk running parallel with
Route 657 and Route 656. The sidewalk will be maintained by the property owner(s).
The sidewalk will be completed prior to the occupancy of any structure on the property.
d 6.) Monetary Contributions
The applicant agrees to provide $25,000.00, for future transportation improvements
1 �\�D within the Route 657 and Route 656 rights -of -way. This sum will be paid to the
Treasurer of Frederick County prior to the occupancy of any structure on the property.
7.) Historical Monument
The applicant agrees to construct a monument on the site commemorating the
Greenwood School prior to the issuance of the first certificate of occupancy for any
building on the site. The monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown on the attached drawing
titled "Greenwood School Monument' and dated April 13, 2007. The approximate
location of the monument is shown on the Generalized Development Plan. The
maintenance and upkeep of the monument will be the responsibility of the property
owner.
8.) Building Design
The proposed buildings shall be constructed using compatible architectural styles and
materials. Design elements shall be compatible with Frederick County and will respect
the continuity and character of the existing architectural fabric of the surrounding
community. The principal fagade in addition to any fagade fronting Senseny Road
and /or Greenwood Road shall be limited to one or a combination of the following
materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long
lasting masonry materials. Metal panels shall be prohibited as a construction material
for buildings.
page 3
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1
0
65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1-4, 65A -2 -1 -5
9.) Inter - parcel Circulation and Access
The applicant agrees to provide access easements which will permit access through the
site from all points of right of way access throughout the site and to adjacent parcels to
allow for future redevelopment on the properties to the east and south of this parcel.
The easements will be defined during the site plan process and recorded by the
applicant upon approval by Frederick County. Prior to the occupancy of any structure on
the site, the applicant will cause to construct drive aisles as necessary to provide
access from any such structure to and from the traffic signal at the full commercial
entrance on Senseny Road.
10.) Pedestrian Crossing of Senseny Road
The applicant recognizes that the ultimate width of Senseny Road at the intersection
with Greenwood Road will be approximately 100 feet from the south side to the north
side. The safe passage of pedestrians across Senseny Road is necessary and
desirable. The applicant agrees to install pedestrian visual signals and controls, striping,
and raised refuge islands as required to aid in the crossing of Senseny Road. These
improvements will be installed prior to the issuance of the first certificate of occupancy
for any building the site and only in accordance with, and with the approval of, the --
Virginia Department of Transportation.
11.) Parcel Usage
The applicant agrees to construct a pharmacy containing approximately 13,225 square
feet and associated improvements on the southeast corner of the intersection of
Senseny Road and Greenwood Road as generally shown on the GDP. The applicant
also agrees to prohibit the use of a Car Wash, SIC 7542, or. the property.
page 4
0 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
Sandra Love, Power of Attorney
City /Getmty of ) Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this �K f day of
200
Notar
ublic
JEAN L. EBACK
Notary Public
Notary Registration number: - 7 dlOWa
My commission expires: a ho
Commonwealth of Virginia
Reg. # 7010302
My Commission Expires i D
page 5
0 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3,65A-2-1-4, 65A -2 -1 -5
Kenneth L. Mason
City /Geanty of \b (OnJuo� Commonwealt f i Of Virginia.
The foregoing instrument was acknowledged before me this ?C0 day of
�u«_ , 200
NotarOublic JEAN L. EBACK
Notary Public
Notary Registration number: —7610 30� commonwealth of Virginia
Reg.# 7010302
My Commission Expires O
My commission expires: iD i e
Shirley B. Ma n
City /&ea€I#q of �/L� o Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this :s day of
Notary Registration number: - 7olp3
My commission expires: !-b 3111
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg.# 7010302
My Commission Expires
page 6
0 •
PROFFER STATEMENT
PARCEL ID's: 55 -A -196, 65A 2 -1, 65A-2-1-2,65A-2-1-3,65A-2-1-4,65A-2-1-5
Franklin B. Anderson
City /6eilty of �n� I w l r - �� Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this -`� day of
�., 200
U
JEAN L. EBACK
Notaa Publi Notary Public
Commonwealth of Virginia
Reg. # 7010302
Notary Registration number: %�L) /�? My Commission Expires c> 3 a
My commission expires: Iv l sl lz
page 7
PROFFER STATEMEN
PARCEL Us: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3, 65A-2-1-4,65A-2-1-5
Donald E. Strauss ,
City /Get+rty of Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this �� day of
r-.
200
Notao Public
iJotary Registration number: 7 C% j o jc?
My commission expires: 10 3 ( 1 / 1 U
JEAN L. EBACK
Notary Public
Commonwealth of Virgini
Reg. # 7010302
My Commission Expires c i / J
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AMENDMENT
,J
Action:
PLANNING COMMISSION: January 7, 2009 - Recommended Approval
BOARD OF SUPERVISORS: January 28, 2009 J@ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 41.3 -08 OF 1932 - 1958 SENSENY ROAD PHARMACY
WHEREAS, Rezoning #13 -08 of 1932 - 1958 Senseny Road Pharmacy, submitted by Painter- Lewis,
PLC, to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District,
with proffers dated July 2, 2008 with last revision date of January 21, 2009, for a Commercial Project that
may include a Pharmacy, was considered. The properties are located in the southeastern quadrant of the
intersection at Senseny Road (Route 665) and Greenwood Road (Route 656), in the Red Bud Magisterial
District, and are identified by Property Identification Numbers 65-A- 196, 65A -2 -1, 65A-2-1-2,65A-2-1-3,
65A- 2 -1 -4, and 65A- 2 -1 -5.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; 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
rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District for a
Commercial Project that may included a Pharmacy, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRESNO3 -09
n
This ordinance shall be in effect on the date of adoption.
Passed this 28th day of January, 2009 by the following recorded rote:
0
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gar W. Dove Aye Bill M. Ewing Aye
A e
Gene E. Fisher Aye Charles S. DeHaven, Jr. y
Philip A. Lemieux
Aye .
A COPT' ATTEST
John R: Mzey, Jr.
Frederick County Administrator
PDRES903 -09
0 •
1932-11958 5enseny Road
Proffer 5tat6iment
Rezoning #:
Property: 3.93 acres
PARCEL ID's: 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3,
65A- 2 -1 -4, 65A -2 -1 -5
Recorded Owner: Sandra Love, Power of Attorney, Kenneth L. & Shirley B.
Mason, Franklin B. Anderson, Donald E. Strauss
Applicant: Mr. David Ervin
Ervin Development Corporation
1830 Plaza Drive
Winchester, Virginia 22601
Project Name: Ervin Development Corporation
1932 -1958 Senseny Road
Original Date
of Proffers: July 2, 2008
Revision Date(s): October 2, 2008
December 22, 2008
January 21, 2009
Prepared by: PAINTER- LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 6 62 -5792
email: office @painterlewis.com
Job Number: 00803015
PROFFER STATEMENT •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # L3-" for the rezoning of
parcels TM #'s 55 -A -196, 65A- 2- 1,65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5 from RP
to B2, the use and development of the subject property shall be in strict conformance
with the following conditions set forth in this proffer except to the extent that such
conditions may be subsequently amended or revised by the annl.icant and such are
approved by the Board of Supervisors in accordance with the Code of Virginia and the
Frederick County Zoning Ordinance. These proffers shall be binding on the owner and
their legal successors or assigns.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated
10/02/08, identified as "1932 -1958 Senseny Road" and which is attached to the proffer
statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location and form of the site access, the location of the
proposed pharmacy, the location of a monument to the Greenwood School, the
approximate location of interparcel access easements, and construction improvements
to Route 657 and Route 656. Please refer to the attached drawing named "GDP ".
2.) Improvements to Route 657 and Route 656
The applicant will make the necessary road frontage improvements, as required by the
Virginia Department of Transportation, to Route 657 ( Senseny Road) and Route 656
(Greenwood Road) in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County during the site plan review process. The improvements will include:
a) The dedication of land for the expansion of Route 657. The dedication will
include approximately 7' parallel to the existing right of way along the full
frontage of the site to provide a total right of way width of 80';
b) The design and construction of a right turn/ through lane eastbound on Route
657 and a raised median to prevent left turns from the site as required by VDOT;
c) The dedication of land for the expansion of Route 656. The dedication will
include approximately 3,300 square feet sufficient for the installation of additional
lanes on Route 656 along the frontage of the site.
d) The design and construction of a through lane and right turn lane northbound on
Route 656 at its intersection with Route 657 and a raised median to prevent left
turns from the site as required by VDOT,
e) The design and construction of a full access commercial entrance aligning with
the existing entrance to Orrick Commons and the required alterations to the
existing traffic signal as required by VDOT.
f) The design and construction of a right -in /right -out commercial entrance on
Greenwood Road_
g) The design and construction of a right -in only commercial entrance on Senseny
Road.
page 2
PROFFER STATEMENT •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1-4, 65A -2 -1 -5
3.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for the benefit of the Greenwood Community Fire and Rescue Company the sum of
$5,000.00 for impacts to fire and rescue services. This sum will be paid upon the
receipt of the first building permit issued for the site, subsequent to the approval of this
rezoning.
4.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the
3.93 acres to 30,000 square feet. The amount of commercial area to be built will be
determined through the site plan review process.
5.) Design Features
The applicant agrees to construct a five (5) foot wide sidewalk running parallel with
Route 657 and Route 656. The sidewalk will be maintained by the property owner(s).
The sidewalk will be completed prior to the occupancy of any structure on the property.
6.) Monetary Contributions
The applicant agrees to provide $25,000.00, for future transportation improvements
within the Route 657 and Route 656 rights -of -way. This sum will be paid to the
Treasurer of Frederick County prior to the occupancy of any structure on the property.
7.) Historical Monument
The applicant agrees to construct a monument on the site commemorating the
Greenwood School prior to the issuance of the first certificate of occupancy for any
building on the site. The monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown on the attached drawing
titled "Greenwood School Monument' and dated April 13, 2007. The approximate
location of the monument is shown on the Generalized Development Plan. The
maintenance and upkeep of the monument will be the responsibility of the property
owner.
8.) Building Design
The proposed buildings shall be constructed using compatible architectural styles and
materials. Design elements shall be compatible with Frederick County and will respect
the continuity and character of the existing architectural fabric of the surrounding
community. The principal fagade in addition to any fagade fronting Senseny Road
and /or Greenwood Road shall be limited to one or a combination of the following
materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long
lasting masonry materials. Metal panels shall be prohibited as a construction material
for buildings.
page 3
0 0
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A-2-1-2,65A-2-1-3, 65A-2-1-4,65A-2-1-5
9.) Inter - parcel Circulation and Access
The applicant agrees to provide access easements which will permit access through the
site from all paints of right of way access throughout the site and to adjacent parcels to
allow for future redevelopment on the properties to the east and south of this parcel.
The easements will be defined during the site plan process and recorded by the
applicant upon approval by Frederick County. Prior to the occupancy of any structure on
the site, the applicant will cause to construct drive aisles as necessary to provide
access from any such structure to and from the traffic signal at the full commercial
entrance on Senseny Road.
10.) Pedestrian Crossing of Senseny Road
The applicant recognizes that the ultimate width of Senseny Road at the intersection
with Greenwood Road will be approximately 100 feet from the south side to the north
side. The safe passage of pedestrians across Senseny Road is necessary and
desirable. The applicant agrees to install pedestrian visual signals and controls, striping,
and raised refuge islands as required to aid in the crossing of Senseny Road. These
improvements will be installed prior to the issuance of the first certificate of occupancy
for any building on the site and only in accordance with, and with the approval of, the
Virginia Department of Transportation.
11.) Parcel Usage
The applicant agrees to construct a pharmacy containing approximately 13,225 square
feet and associated improvements on the southeast corner of the intersection of
Senseny Road and Greenwood Road as generally shown on the GDP. The applicant
also agrees to prohibit the use of a Car Wash, SIC 7542, on the property.
page 4
PROFFER STATEMEN1 •
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
Sandra Love, Power of Attorney
City /Getinty of ��� Commonwealth Of Virginia.
The foregoing instrument was acknowledged
200
��iF JQG�L�
Nota ublic
before me this � day of
Notary Registration number: �b��3C7a
My commission expires:
r i
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg .4 7010302
My Commission Expires i c7
page 5
0 •
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Kenneth L. Mason
City /Getlnty of \!\)'ter moo , Commonwealt(� Of Virginia.
The oregoing instrument was acknowledged before me this r g day of
r , 200
Notary /Public i
Notary Registration number:
3O �
My commission expires: i1) s 6
JEAN L EBACK
Notary Public
Commonwealth of Virginia
Reg.# 7010302
My Commission Expires D 3i i
Shirley B. Mas n I
City /Ge-ufgy of ��� i Y r�o Commonwe_alt Of Virginia.
The foregoing instrument was acknowledged before me this `�` day of
1 200 9
G i "— JEAN L. EBACK
NotaryYtiblic Notary Public
// Commonwealth of Virginia
Reg. # 7010302
Notary Registration number: :2010 b� My Commission Expires 10 iv
My commission expires: !-b )SI /v
page 6
0 •
PROFFER STATEMENT
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Franklin B. Anderson
City /Get-If4y of Commonweal Of Virginia.
The foregoing instrument was acknowledged
o
200
Nota Public,/`
before me this -_ day of
Notary Registration number: �3,7)—
My commission expires: /v 3/ o
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg. # 7010302
My Commission Expires CJ & b
page 7
PROFFER STATEMENT`
PARCEL ID's: 55 -A -196; 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, 65A -2 -1 -5
Donald E. Straus -' �
City /Getitriy of �( ,l ; r _ Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this r� day of
200
Notah Public
I.Jotary Registration number: 7 L 1 0 jCi2
My commission expires: 10 -s ( 1/ 1 b
JEAN L. EBACK
Notary Public
Commonwealth of Virginia
Reg. # 7010302
My Commission Expires U zi I
,.
49
COUNTY of FREDERICK
Department of Planning and Development
5401665 -5651
FAX: 540/665 -6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: February 18, 2009
The amount of 550.00 -was
deposit - iii - line item #3-01 0-0191 1 0 = '0008 for the compariy`riamed
- .. below had a deposit.for-one sign for Rezoning 1713 -08 for 1932 -1953 Senseny Rodd. The
company has returned the sign therefore entitled to the return of the deposit. You may pay
this through the regular bill cycle.
. �.. nk-.-....;.. Pl easesend: a .check.imthe:amountof$50.00toy.
Painter & Lewis
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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6 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD "
ECORD OF PAYMENT. `Tl ank'You 0.00 300.00'
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T A X;,,R E C'E I P T -< Ticket #.000.0617.000.1
cREDERICK COUNTY Date;;`; 12J02 "%2008
.f C.`WILLIAM ORNDOFF,_JR Register: CJO /CJOS1
P.O. BOX 225 Trans. #: 63506
Dept # 1095
WINCHESTER VA 22604 -0225 Acct#
SIGN DEPOSITS PLANNING Previous
+,- — Balance $ 50.00
Principal Being Paid $ 50.00
Penalty $ .00
`_ -._.. Interest $ .00
DEPT OF PLANNING
Amount Paid $ 50.00
*Balance Due $ .00
Pd by DEPT OF PLANNING Check 12143.00 # CKS
BALANCE DUE INCLUDES PENALTY /INTEP.EST THRU THE MONTH 12/2008
a �
January 27, 2009
Mr. Mike Ruddy
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601 ! } , ', JAN 2 2009 i
RE: 1932 -1958 SENSENY ROAD I l -
REZONING APPLICATION
Dear Mike,
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
The revised, signed, and notarized Proffer Statement.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
S cereI
Jig Fri
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
JOB NUMBER: 0803015
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817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
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PAINTER- LEW13 P.L.C.
CONSULTING ENGINEERS tel.:
817 Cedar Creek Grade, Suite 120 fax.:
Winchester, VA 22601 email:
January 6, 2009
Ms. Kathy Kerns
918 Greenwood Road
Winchester, VA 22602
RE: -. LANDSCAPE SCREEN.AGREEMENT
Dear Ms. Kerns:
(540)662 -5792
(540)662 -5793
office@painterlewis.com
Attached, you will find an exhibit titled "Kerns Landscape Screen ", dated 1/22/08. Your sug-
gestion that the screen be installed only after an evaluation of the impact from headlight glare
from the proposed commercial development across Greenwood Road is a good idea. In the
event that this rezoning is approved and the project moves forward, I will put a note on the
site plan for the commercial development that provides you the means to have the screen in-
stalled upon your request. This request must be made within 12 months of the date of the
opening of the store. The placement of the screen will be far enough away from the site
sewer line to avoid any problems with the plants' root systems growing into the sewer line.
The installation of the screen will not interfere with the existing site flower garden in place-
ment or during the planting of the screen. The height of the plants will be determined if and
when the need for the screen arises. The type of plants specified for the screen will be ap-
proved by the property owner, that is, Ms. Kerns.
If this agreement is acceptable to you, please sign in the appropriate location and initial the
attached exhibit. I have included two copies of this letter so that you may keep one for your
files. I will provide a signed copy to Frederick County Department of Planning and Zoning for
their permanent file.
7-o7
Ms. Kathy Kerns
Thank you fo� rhelp in this matter.
John is,, P.E., L.A.
/ tt chment
Job No.: 0803015
Page 1
PAINTER- LEWIS, P.L.C.
Date
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office(cil oainterlewis. com
November 26, 2008
Mr. Mike Ruddy
Frederick County Planning Department
107 North Kent Street
Winchester. VA 22601
RE: 1932 -1958 SENSENY ROAD
REZONING APPLICATION
Dear Mike,
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
• A Rezoning Application signed by the applicant and owner.
• A Special Limited Power of Attorney (4) signed by the owners and notarized.
• A signed and notarized version of the Proffer Statement
• A fee check, in the amount of $10,393.00.
• Agency comment/approval forms.
• A check, in the amount of $50, for the sign deposit.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
S cerely
Ji I ries
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
JOB NUMBER: 0803015
Painter - Lewis,
P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540 - 662 -5792
office(cil oainterlewis. com
November 26, 2008
Mr. Mike Ruddy
Frederick County Planning Department
107 North Kent Street
Winchester. VA 22601
RE: 1932 -1958 SENSENY ROAD
REZONING APPLICATION
Dear Mike,
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
• A Rezoning Application signed by the applicant and owner.
• A Special Limited Power of Attorney (4) signed by the owners and notarized.
• A signed and notarized version of the Proffer Statement
• A fee check, in the amount of $10,393.00.
• Agency comment/approval forms.
• A check, in the amount of $50, for the sign deposit.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
S cerely
Ji I ries
Engineering Admin. Assistant
PAINTER- LEWIS, P.L.C.
Enclosure
JOB NUMBER: 0803015