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COUNTY of FREDERICK
rl Department; of Planning and Development
- '540/665 -5651
1738 FAX: 540/665-6395
CERTIFIED MAIL
April 8, 2013
M_ohebatullah Vahidi
794 Center Street
Hemdon,.VA 22624 .
NOTICE OF VIOLATION
Re 3.683 Martinsburg Pike.
On March 15, 2013, and. again on April 3, 20.1.3, t visited: the above - referenced, property in response to a
complaint regarding junk on 'the property. My inspection of the site both days found large piles of
miscellaneous junk, trash, rubbish and debris throughout the property. I also found one inoperable vehicle on
the property, a white box truck'withouttags.
Section 165=204.11(D) of the Frederick County Code prohibits the storage of exposed trash; rubbish or
garbage ( "exposed" means not stored in one or more watertight, vermin proof containers) unless specifically
allowed by applicable provisions of the Frederick County- Code. The above- referenced.property is in the RA
(Rural Area) Zoning District: and no provision of the Frederick County Code, applicable. to the above
referenced property, allows the storage of exposed trash, rubbish or garbage in that zoning district.
The removal of the trash, rubbish or garbage, or theplacementof the trash,- rubbish or garbage in one or more
watertight, vermin proof:containers, would bring the property into compliance with regard to the storage of
trash, rubbish or garbage.
Section 165-204.1 I(C) -of the Frederick County Code prohibits the storage of unscreened inoperable vehicles
unless specifically allowed by applicable provisions of the Frederick County Code. The above - referenced .
property- is in the RA (Rural Area) Zoning District and no provision of the Frederick County Code, applicable
to the above- referenced property,, allows, the storage of unscreened inoperable vehicles:in that zoning district.
An inoperable.motor vehicle is defined in Section 15.2 -9.04 of the Virginia Code and in Section 165 - 101.02 of
the Frederick County de as a motor vehicle a thaf is not i'n,gperating condition, (b) thafhas; fora period of
h' ( )
60 days or longer, been partially or totally disassembled by the removal of tires and wheels, the engine, or other
parts necessary for its operation, or (c) on which neither,a valid license plate nor a valid inspection decal is
displayed. Where Frederick.County prohibits the storage of unscreened inoperable vehicles, such vehicles must
be either ,stored inside of a completely enclosed structure or completely screened from public roads or
g properties. Permitted screening includes opaque:, fencing, opaque landscaping, or opaque natural
surrounding ro erties. Perm
vegetation.
The removal of the inoperable vehicle from the property, the relocation of the vehicle to a completely enclosed .
structure or so that it is screened by opaque fencing, opaque landscaping, or opaque `natural vegetation, or
returning the vehicle to legal operating condition would bring the property into compliance withsegard to the
storage. of an inoperable vehicle.
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
page 2 =
Mohebatullah Vahidi
Re: _3683 Martinsburg Pike
April t 2013
This office will allow thirty (30) days from - receipt of this letter to resolve these violations. Failure to comply
with. the Zoning Ordinance could result in,a, criminal complaint being.filedagainsf you.
You may have the right to appeal the; above notice of violation within 30 days of the date of this letter in
accordance with Section 15.2 -2311 of the Code of Virginia. This decision shall be final and unappealable, if it
is not appealed within 30 days.. :Should you choose to appeal, the appeal must, be filed with the Zoning
Administrator and the Board of Zoning Appeals. (BZA) in accordance with Article X, Section 165- 1001.02(1),,
of the Frederick County Zoning, Ordinance. This provision requires the submission of an application form, a
written statement'setting forth the decision being appealed, the date of decision; the grounds for the appeal,
how the appellant is an aggrieved party; any other information you may want to submit; and a $300.00 filing
fee ($250:00 filing fee and $50:00 refundable sign deposit).. Once the appeal applicaton:is accepted, it will be
cheduled for public hearing and decision before the BZA..`
P do not hesitate to contact me regarding any questions that you may have at °(540) 665 - 5651:
Since ely;
na M. Johnston, CZ
'Zoning Inspector
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Think about the: changes you would like to make regarding the adjacent neighbors. I'm not sure what impact
that may have on the application, but there appears to now be a little time to make sure the application is
correct. I am available to discuss your ideas further.
Thanks.
Mike.
From: GreyWolfeInc @aol.com [mailto :GreyWolfeInc @aol.com]
Sent: Thursday, February 21, 2013 10:02 AM
To: Mike Ruddy
Subject: Vahidi Rezoning
Mike,
Based on comments last night from Roger Thomas and, some comments form Eric after the meeting, I want to
hold off scheduling the public°meeting at ther Board level to, prepare a proffer revision likely to some type of
phasing. As I understand, I can request this postponement priorto the public hearing .advertisement"and will not
be charged $500.
Secondly, I want my rezoning for Woodside Commercial to continue on with the next scheduled Board meeting. I
had planned.on changing these proffers to cash when I would eventually come in, with a rezoning request from :B-
3 to B -2. But, since I have already paid the $1000 and started this process, I want to get this. change finished
;regardless of anything; Vahidi does:
Finally, I also need to meet with you about-the Vahidi rezoning. He can not pay them the cash they want, but he
might possibly give them some of his land to satisfy their demands..
Thank you,
Gary R. Oates, LS -B, PE
GreyWolfe; Inc.
1 073 Red Bud Road
Winchester, Virginia 226034757
(540)667- 2001
2
Mike Ruddy'
From: Mike Rudd.
y _
Sent: Thursday, 'February 21, 2013 329 PM
To: 'GreyW61felnc @aol.com'
Cc: Eric Lawrence; John Bishop
Subject: RE--,, Vahidi; Rezoning
Hi Gary.
The timing of your application fora' proffer change; RZ #01 -13, is completely up to you at,this point: As yo;u requested,
we wil[ keep it on its current schedule to,get to the Board .of Supervisors. It is scheduled for March 13, _
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From: GreyWolfeInc@aol . com [mailto GreyWolfeInc @aol:com]'
Sent: Thursday, February 21, 2013 2:03 PM" +'
To: Mike; Ruddy
Subject: Re: Vahidi Rezoning
I respectfully disagree'about holding up my proffer change, while trying'to work °with the neighbors for Vahidi:
E h and use action shouid stand on its own merits and whether Vahidi goes u down; or sideways it should no' weigh,
my 'request. The County gets money for matching funds.since"VDOT is already looking atthe intersection with their
own, study' and' agenda.
I want 401- 113� #o move• forward as scheduled. Yesterday was: the first time I heard either, you or John Bishop'express a.'..;.
concern about the timing of the money: I thought the �state mandated a couple of yeam ago that cash proffers came at
occupancy and not permit application. „
Thank you;, ;
Gary R, Oates, LS -B, PF:
GreyWolfe,' Inc,.'
1073, Red Bud Road -
Winchester,'Virginia 22603 4757'
r (540) 667= 2001
In a message dated. 2121 12013 11„ 02:48' A.M. Eastern Standard Time,, mrudd'y co.frederick.va.us writes
Hi Gary.. ;
We can hold'off on scheduling the Vahidi Rezoningat the Board fora while. We will need to.'be aware, of,the " ;
time constraintthat,we have on,getting it to the Board for:action. However,, a short delay for you to`evaluate „
the, roiect would ;be worthwhile:
We think`your Woodside., rezoning y �metime.as'the Vahidi,rezoning,;as'both are so
ezonin should 'be dela ed at the sa
related. Especially, the engineering plan services proffer. No need to payadditional $:_s:..IfUahidi's does not..
move forward; then, recognizing the same time constraints,for Boa rd. action, ,,,y.ou'cou Id, move your rezoning
forward
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COUNTY of FREDERICK
Department of`Planning and Development
540A65-5651
FAX: 540/665'-6395
'TO: Gary Oates
GreyWolfe, Inc:
PROM: Michael T. Ruddy; AICP =,
Deputy Director
RE: Rezoning Comments: Vahidi — Clearbrook Retail Center. Rezoning.
DATE: June 22, 2012
The .following comments are. offered regarding the Vahidi — Clearbrook Retail Center
Rezoning, Application. This-is' a_ request to rezone 14.53 acres from RA (Rural Areas) to
B2 (Business General) with Proffers. The review is generally based upon the proffer
statement dated April 24, 2012; and the Impact Analysis Statement also dated April 24,
2012.
Prior to formal submission to the, County, please ;ensure that these comments and all
review agency comments are adequately addressed. At a minimum, a. letter describing
how each, of the agencies and their comments, have'been addressed should ,be included as
part of the submission.
General
- 1, :Please ensure that all the necessary application materials are submitted with
application. Consider including the additional parcel containing the existing use.
2. The; ;submission fee for this application would 'total $l 1,453.00, based upon
acreage of 14.53 acres, plus the appropriate amount for, public hearing, signs.
Land Use
I The 2030 .Com p _rehensive Plan., and the Northeast Frederick Land Use Plan
provide guidance on the future, development of'the property'. Appendix I includes
the Northeast, Land Use Plan as an. approved Area Plan:
2) The propert y is located'withinthe SVJSA;
3) The 2030 Comprehensive Policy Plan identifies the general area surrounding this
property with a commercial land use designation.. In general, the proposed
commercial land use designation for this property is consistent with this
commercial land use designation of the•ComprehensivePlen.
107 North, Kent. Street; :Suite 202 Winchester, Virginia '22601 -5000
Vahidi -- Clearbrook Retail Center Rezoning•,Gomments
;Tune 22, 2012
Page 2
;Impact Analysis Statement
Please address the following,.items from the Impact, Analysis Statement prepared for this
Application.
1) The Impact Analysis states that there are existing drainfields in easements for
neighbonng properties that will be left untouched. This is also depicted on the
Generalized Development Tlan.
i. This preservation should be addressed in -the proffer statement text.
ii. The, Generalized Development .Plan should be incorporated
specifically into the proffer statement.
Trans"nortation
The following transportation comments have been provided by John Bishop, County
Transportation Planner., and should be considered as the "County Staffs position on this
component of the rezoning.
1. Why 'would the Applicant :fully fund a traffic signal (proffer la, :ii), but only
contribute 1:00;000 to the roundabout. This needs to be equal value, or they could
just construct it.outright.•
2. I think the proffer to design the roadway improvements at Brucetown. Hopewell is
a ,good ,one; but I'd .like additional language that they would design through
VDOT approval
Proffer Statement
I ); 'Exhibit'A a diagram for the area for the - intersection design should be provided
with,the `proffer . statement.
,2) The proffer statement, would' preferably read "to Frederick County for Fire and
Rescue. purposes".
In conclusion, please ensure- that, 'the above comments, and those offered by the reviewing
agency.; are addressed.
,MTR/bad.
TO: Gary Oates
GreyWolfe, .Ine.
FROM: Michael'T. Ruddy, AICP
Deputy Director
RE: Rezoning Comments: Vahidi — Clearbrook Retail Center Rezoning.
DATE: June 22, `2012
The _following cominetits are offered regarding the Vahidi .— Clearbrook Retail Center
Rezoning, Application. This is a. request to rezone 14.53 acres from RA (Rural Areas) to
B2 (Business General) with Proffers. The review is generally based upon the proffer
statement dated April 24; 201'2; and the Impact Analysis Statement also dated April .24,
i 2012.
Prior to ;formal submission to, the County, please ensure that these comments and all
review agency comments are adequately addressed. At a minimum, a letter describing
how each of the agencies and their comments have been addressed should 'be included as
.part of the submission.
General
1: Please ensure that, all the necessary application materials are submitted with
application. Consider including the additional parcel containing the existing use.
2. The submission„ fee for this ;application would total $11,453.00, based upon
acreage of 1-4.53 acres, 'plus the appropriate amount for public hearing signs.
,Land Use
1) The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan
provide guidance on the future development of 'the property. Appendix I includes
+ the Northeast Land Use :P.lan as an_ approved Area Plan.
2), The property islocated within the SWSA.•
3) The 203:0' Comprehensive, Policy Plan identifies the general area surrounding this
property with a commercial land use designation. In general, the proposed
cominereial' land use ,designation for this property `is consistent with this
commercial land use designation of the Comprehensive: Plan.
Vahidi - Clearbrook'Retail CenterRezoriii g Comments
June,22, 2012
a. Page, 2
Impact .Analysis Statement
Please address the following items from the Impact Analysis Statement prepared for this
Application.
I) The Impact Analysi's states that there are existing drainfi'elds in easements for
neighboring properties, that will be left untouched. This is also depicted on the
Generalized Development Plan
L This preservation should be, addressed in the proffer statement text.
ii. The- Generalized Development Plan should be incorporated
specifically into the, proffer statement.
Transportation
The following transportation-comrnents have been provided by John Bishop, County
Transportation Planner,,and should be considered as the County Staff s position on this
component of the rezoning.
1.. Why would the Applicant fully fund a traffic signal (proffer l,a, ii) but only
contribute 100,000 to the roundabout. This needs= to be equal value or they could
just construct it outright.
2. I think the proffer to design the roadway improvements at Brucetown Hopewell is
a_good one, but I'd Ii'ke'additional language that they would design through
' VDOT approval
i
Proffer Statement
Y) Exhibit A - a diagram for the area, for the intersection design. should be provided
with the.proffer statement.
2) The proffer statement would preferably read "to Frederick County for Fire and
Rescue purposes ". .
In conclusion, please. ensure that`the above comments, and those offered by the reviewing
agency" are addressed.
1
MT -FAhd
Clear Brook Retail Center
Rezoning
Introduction,
The site is located between Route' 11 north (Martinsburg Pike) and Interstaie.81
about 700' south of Cedar Hill ,Road (Route 67 1) north of exit 32.1 in Frederick
County, VA. The site has been used for .residential, and agricultural purposes in .the past.
The applicants are seeking a change in zoning from RA to 13=2 to create a commercial
center consistent with the Northeast Land Use Plan contained within the Frederick
County Comprehensive Plan.
Existing Conditions
The property is currently a house with outbuildings and a" field. The stormwater
drains generally to the ,east towards, through; a box culvert under Route 11.
Comprehensive Planning
The site is intended to be zoned commercial per the comprehensive plan. There is._
public water`and sewer available along,Route 1 l and the neighboring property to the
south. The benefit to Frederick County by approving this rezoning will be a:positive
economic impact from businesses through taxes, as well as employment opportunities for
its citizens.
Proposed Development:
The site will be graded, landscaped, and roads installed that will meet current ...
County and VDOT specifications: There will not be any entrances built onto Martinsburg
Pike: All traffic will access the ,inter - parcel connector as shown on the 'Generalized
Development Plan. The development is envisioned to contain retail and office.
Physical Impacts
The site is not'located within or near any 1.00 year flood plains per FEMA Flood
Map No. 5,1069C01 SOD. Furthermore there are not any woodlands or noteworthy
landscaping on site to preserve. There are existing drainfields in easements for
neighboring parcels that will be left°untouched.
1
0
Surroundin` Properties
The site is bounded by Interstate 81 to the, west and Clear Brook Business Center
(B,:3) to the south. The northern portion of the property is bounded by residential lots
fronting Cedar, Hll Road (Rt 671) and two residential lots, and: Martinsburg Pike (Route
11) to the east. All parcels are intended to become commercial as indicated .by the
Comprehensive Plan.
Traffic Impact and Analysis -
:Report by Stowe Engineering is available upon request -if not already provided.
Sewer Conveyance and Treatment
The FCSA has a 6 —sewer force main along Route 11. This retail- commercial, .,
development is expected,to generate ,130 gallons /day /1,000 sf fora total of 15,600 gpd.
The applicant will build a sewer pump station to be dedicated to the FCSA if the
Authority deems it necessary. Otherwise if there are a limited number of users, they. will
install individual grinder pumps to be maintained privately.
Water Supply
The FCSA has a 12" water- main along Route 11. This development is expected to
generate 130 gallons /day /`1000 sf for a total of 15,600 gpd.
Drainage
The stormwater runoff drains to Martinsburg Pike to the east. The-applicant will"
be required to implement BMP'sand other devices to meet the Commonwealth of
Virginia's requirements as required by DCR.
Solid Waste Disposal
The Civil Engineering Reference Manual, 4`' edition, uses a rate of 5_4 cubic
yards per 1,000 square feet of floor area. A 120,000 sf development will. yield 648 cubic' -
yards per year. The solid waste will be, transferred to the Frederick County Landfill
Facility by private licensed commercial carriers,
Historical Impact
There are no historically significant.structures or features present,
Educational Impact
This development will not create additional students for, the schools.
Police, Fire-and Rescue Impact
The development% will 'increase the burden on fire and rescue. The applicant is
offering a. proffer of $0.1 Oyer constructed building- square foot to the County for fire and
rescue services.
Parks & Recreation Impact
This development,is not expected to increase population; therefore; no measurable
impacts are predicted.
Soils
The only soil type identified on the General Soil. Map of the Soil Survey of
Frederick County, Vir inia is an Oaklet silt loam (#32'B) "as shown on sheet #19, This soil
type is considered prime farmland. The characteristics of this soil are manageable for
development following the Virginia Erosion and Sediment Control practices,.
Geology
This area is also known for karst topography. Immediately to the east of this
project is a limestone quarry. Soil. borings and review by a geotechnical engineer is
advised.
Rezoning: RZ # -12
Property: Area: 14.53 acres
Tax Parcel 33- (A) -124A
Record Owner: Mohebatullah Vahidi
Applicant_: GreyWolfe, Inc. — Gary R. Oates, LS-B, PE
Project Name: Clear Brook Retail Center
Original Date of.Proffers :. April 24, 2012
Revised Date Proffers:
Magisterial District: Stonewall
Pursuant to ,Section 15.2 ,2296 Et'. Seq. of the Code of Virginia, 1950,'as
amended, and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant:hereby offer the following proffers that in
the event the Board of Supervisors of Frederick'Courity, Virginia, shall approve Rezoning
Application #_ -12 for rezoning of 14.53' -acres from the RA District to General Business.
(M)Di strict, development of the subject property shall be done in conformity with the
terms and conditions set forth herein, exceptao the extent that such terms and conditions
may be subsequently amended or revised by the applicant and such -are approved by the.
Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the
event ° that ,such rezoning 'is not granted, then these proffers shall be. deemed withdrawn
' and have no effect; whatsoever. These proffers shall be binding upon this applicant and
their legal successors, heirs, or assigns.
The subject properties .are more particularly described as the lands conveyed to
Mohebatullah Vahidi from Akhter Sayef and Gous Ahmed as recorded in the Frederick
County Circuit Court Clerk's Office as, instrument #050012825 dated June 151, 2005.
Proffers
L :Transportation,.
a. Access
i. Access to this property from Martinsburg-Pike (US Route 11) shall be
limited to the inter-parcel connector as proffered in rezoning #01 =06 of
the "Clear Brook.Busirness Center ". The connector will be built to
VDOT standards, conform to the Frederick County Comprehensive
Plan, and be dedicated to the County for public use.
ii. The applicant hereby proffers to enter into a sigrialization agreement
with VDOT fora traffic light at the entrance of the "Clear Brook;
Business Center and Route 11. The light will be installed at the
expense of the applicant at such time as VDOT determines it is
necessary, however, no sooner than a Master Development Plan has
been approved.. The Frederick. County Comprehensive Plan indicates
this intersection may become a round -about in the future. If the traffic.
light has not been installed when sufficient -right of way has'been
acquired by the County for the round - about,, then. the applicant will
apply $1.00,000 `to the construction of the round' -about in lieu of the.
traffic light. This $100,000 will be given after the first building is
constructed on the 14.53 acre property and requested by Frederick
i County.
b. Turn Lane and Pedestrian Access
i. The applicant hereby proffers to construct a.12' lane onto Martinsburg
Pike, Route 11, along the site road, frontage. This +/ -237 long lane
will'be-buili to VDOT standards., This will be built.prior to receiving
any final occupancy permits on site.
ii. The applicant hereby proffers to construct a 10' paved hiker /bike trail
along the•frontage of Route l 1 and along the proposed inter - parcel
i
road.
c. Interparcel connections
i. Upon construction of the inter - parcel connector with "Clear Brook
Business Center ", the applicant will allow all adjoining properties an
inter - parcel connection via private ingress- egress easements through, .
driveways or'travel aisles within parking areas. The easement locations
will.be' determined subject to approval of the Frederick County
Transportation Planner. This purpose of this proffer is to allow the
adjoining properties the ability to rezone in the future and eliminate
2
their direct, access to Route 11 and, Cedar Hill road (Route 672),per. the,'
Frederick County Comprehensive 'Plan and VDOT Access
Management Standards. -
d. Right of Way and Easement Dedication
pp Y i. The applicant hereby proffers to dedicate to the'Comrnonwealth of
Virginia a strip of' land 'twenty feet (20') in width along the entire
frontage of the property on "Martinsburg Pike (Route 11) Right of Way.
This dedications will take place prior to any site plan.approval or upon
request of Frederick County.
"ii. The applicant hereby proffers a 20' drainage, pedestrian, arid' utility
easement along`the frontage of Martinsburg Pike, Route 11, to'
Frederick County. The applicant will retain the right, to place" the
proffered split rail fence (see item 6 -A) and monument sign (see item
6 -C) within this easement.
e. Contributions for Road Improvements in recognition of'off- sitetransportation
impacts. The engineering ervices' willbegin prior to.the approval of first site
plan or upon request by Frederick County; whichever comes first, and be
completed within 36 months.
i.. The applicant hereby proffers to present the County with a
Transportation Feasibility Study and Engineered Road Plans for the
realignment of Brucetown and Hopewell Roads (Route 672) at
'Martinsburg Pike. The design will extend 300' south on Martinsburg .
Pike from the intersection with Hopewell Road, and be bounded,by the
Interstate Ramps to the west, Winchester and Western Railroad to the
north and the Clear Brook Fire Station to the east. A diagram of this
area for the intersection design sI attached and labeled as "exhibit "A ".
2. Fire, & Rescue,.— Monetary Contributions
a. The applicant hereby proffers a cash contribution to the Treasurer of Frederick .
County, Virginia; of $0.10 per building square foot to be: disbursed to the.
Frederick County Fire and Rescue Department, to be paid prior to each 'final .
site plan approval. The term "building square, foot" shall be the combined
floor area;for each story.
resented in the accom an in Traffic Im acct Analysis. b Stowe En ineeri'Sg, PL as
3. The applicant hereb roffers that the Average Dail Tri s shall not exceed :
p p Y c p Y Y g ng� PLC.
4. The applicant hereby proffers that the following uses shall be prohibited on the
property:
.3 -
a. "Truck. Stops - Retail" as defined in SIC 5541. All other uses within SIC, Code
5541 are acceptable when all adjoining properties no longer are -zoned RA or
the lots no longer contain a residential use.
b. Adult Retail.
5. The; applicant hereby proffers to install an additional row of evergreen trees for total
of four rows in all ;areas required to have a "full screen.zoning buffer" per the
Frederick County Zoning Ordinance at the time of site plan approvals.
6. Corridor Enhancements to be completed by prior to the first occupancy permit.
a. The applicant will construct a split rail fence along-the road frontage'.-
b. The,applicant will not allow any parking spaces or outdoor, storage -to be
constructed within ;50' of Route 11. Any required fire .lanes within this Area
will be grass payed.
c. The applicant will require each building fagade along Route '11 to be ,
constructed of wood, vinyl, glass, masonry, or stucco. However; metal siding,
will be .allowed within the business park and on all ;sides not facing Route 1- 1..
4
The conditions. proffered above shall be binding upon heirs; executors,
administrators, assigns, and successors in the interest of the applicant and owner. In-the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Res
p ly itte _
By:
Mohebatullah Vahidi Date
Commonwealth of Virginia,
CityZCountyof To Wit:
The foregoing instrument was. acknowledged :before me this day of" ; 20_
By
Notary Public
My Commission Expires
r
"- ZONIN:G APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed.by P14 ning_Siaff
x
Fee Amount Paid $
'� _
Zoning A k
Date Receivedv
..
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent, Street, Winchester,.
1. Applicant:
Name: GreyWolfe, Inc. - Gary R. Oates, LS -B,, PE Telephone: 540 -667 -2001
Address: 10,73, Redbud.Road
Winchester, Virginia 22603
2. Property Owner (if different than above)
Name: Mohebatullah Vahidi Telephone: (703) 471 -0801
Address.: 794 Center 'Street
Herndon, VA,20170
3:. Contact; person. if other than. above
Name: Gary R. Oates Telephone: 667 -2001
4: Checklist: Check the following items that have been included with this, application..
Location map Agency Comments
Plat Fees
Deed to property' Impact Analysis Statement
Verification of taxes paid Proffer Statement
12 .
5. The Code of'Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Mohebatullah Vahidi
6. A) Current Use of the Property Resideintial. and Agriculture
B) Proposed Use of the Property: Commercial
7. Adjoining P�r.operty:
PARCEL ID NUMBER USE ZONING
33- (A) -125A Residential RA
33- (A) -125B Residential RA
33- (A) -125C Residential RA
33- (A) -125D Residential RA
33= (A) -125E Residential RA
33 -(A) -123 Vacant B -3
8; Location: The property ionusin located road am (give and route numbe based on nearest road and distance
from nearest intersection, g )
700' South on Martinsburg Pike (Route 11;) of the intersection with Cedar Hill Road .
(Route 671) and fronting Route 11 and Interstate 81 in the ClearBrook area.
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 To,wnhome: 0, Multi- Family: 0
Non - Residential Lots: 0 Mobile Home-. 0 Hotel Rooms 0
Square Footage of Proposed Uses „
Office: Service, Station:
Retail': 120,000 Manufacturing:
Restaurant: Warehouse:
Other:
W. Signature:
I (we), the undersigned, do hereby respectfully make application and petition-the' Frederick
County Board of Supervisors to amend the zoning ordinance and to changethe.zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign;issued, when this application is submitted must be placed at.
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the.road
right -of -way "until the hearing.
I' (we) hereby certify, that this application and its accompanying _materials are true- and
accurate to the best of my (our) knowledge':
Applicant(s): Date:
Date:
Owner(s): Date:
Date:: .
1.4
-ADJOINING PROPERTY OWNERS ''
Owners of property adj oining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining: property is any property
abutting the requested property on the side or rear or any property directly across a public
right =of =way, a private right- of -way, or a watercourse from the, requested property. The
applicant is required to obtain the following information on each adjoining`property including the,.,
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building; 107 North Kent Street.
Name and.Property Identification Number
Address
NameR &J Land development, LLC
1631 Redbud Road
Winchester., Virginia 2260.3
Property # 33- (A)423.
Name Elaine MaGee
370.3 Martinsburg Pike,
Clear Brook, Virginia 22624
Property # 3 3 - (A) - 12 5A
13721
Name Debra Driver
Martinsburg Pike
Clear Brook, Virginia 22624
Property #33- (A) -125B
Name Philip Martin
P.O. Box 113
Brucetown, Virginia 22622
Property #33- (A) -125C
FProameM. r & Mrs. Mark Regan
2000 Cedar Hill Road
Clear Brook, Virginia 22624
perty #33- (A) -125'D
Name.Mr. & Mrs. Daniel So-hall
2042 Cedar Hill Road
Clear Brook, Virginia 22624
Property #3:3- (A) -125E
NameSi'lverWolfe, LLC
1073 Redbud Road
Winchester, Virginia 22603
Property* 33- (A) -124A
Name'Frederick Stronko
3,656 Martinsburg Pike
Clear Brook, Virginia 22624
Property #:33 -(A) -1240
Name
Property #
v\ 'N
Ij
0
LO *�-
,a
F I NRL PLRT
BOUNDARY LINE'RDJUSTMENT
BETWEEN: LOT I PHILIP K.. MARTIN LOTS
THE LAND OF DENNIS,.J. & VIRGINIA B. M48'Z9pG03 6
STONEWALL DISTRICT
FREDERICK COUNTY,: VIRGINIA
i
TAX MAP # 33 -A- 125 8 1258• ZONE RA USE: RESIDENTIAL
I Ski. `•:;' /�,
m 622
nz -
li3', \ ri29' ;
124 r.lf /\J/ /�
qr S� �,� r m ;° :.1 /l• Sn a: 5.67..
125
78 ITE
123 r
SURVEYOR'S CERTIFICATE
I, DAVID M. FURSTENAU, A DULY AUTHORIZED LAND SURVEYOR, DO HEREBY
�
CERTIFY THAT THE MAY LAND OE THISFABOVE AND FOREGOING•BOUNDA'RY _
LINE AD'JUSTMENT'I,S IN THE NAMES OF DENNIS J. AND VIRGINIA B. MAY
AND IS.ALL THE LAND CONVEYED 1 ?O THEM BY DEED DATED MAY 25•, 1990
AND RECORDED'AMONG THE LAND RECORDS OF, THE CLERK OF THE CIRCUIT
COURT FOR FREDERICK COUNTY_, VIRGINIA IN DEED BOOK 745 AT PAGE 745
AND LOT 1.6F THE PHILIP K-. MARTIN LOTS IS THE NAME OF PHILIP K.
MARTIN A'S CUSTODIAN FOR ANDREA "RENEE MARTIN AND WAS CONVEYED TO
HIM BY DEED DATED JANUARY 26, 1990 AND RECO EDIIW DEED BOOK 7j7
AT PAGE 662_.
I
I'
DAVJD M. FURSTENAU L..S.
i
OWNERS' CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT.OF THELAND OF
DENNIS J. VIRGINIA B'. MAY AND LOT 1 OF PHILIP K. MARTIN LOTS IS
IN AC RDANCE WITH THE DESIRES AND WITH THE FREE.CONSENT OF THE "
UNDER 'IGNE O NERS, PROftI'ETORS, 'ND "TRUSTEES IF ANY.,
-' -
DE IS J. AY V RGI IA B MAY PrtIL K. ARTiN
STATE OF VIRGINIA ,
CITY, /C NTY OF off_ TO'WIT:
I' A NOTARY U LI I•N ND F R THE THE STATE
i' V I AND TH ITY /COUNTY HEREBY C RTIFY
j TH THIS DA RSONALL A A E BE E'
{ WHO E NAMES ARE GNEll
TO TH ABOVE OWN RS == CER f FICA DATED SEPTEMBER 23.• 1994
AND ACKNOWLEDGE TO THE ME'B•FORE ME IN MY STATE A' NDS CITY/
COUNTY AS AFORE AID_
I GIVEN UNDER MY HAND THIS _DAY OF _ -_1994
MY COMMISSION EXPIRES MYJrQ&lI1nIS5:{ r ' a:d Pi! y At I�tr;
APPROVED
FREDERICK COUNTY
SU V- O�V'AD TRATOR
S
DATE DATE: SEPT. 23;.1994
+rte•.
�a t� cp��
4' �~'.FURASTENAIJ a7i�� Y0�i:�
SCALE:
DWa.:lir:
•6TEPHENS CITY, VIRGINIA _23655
{. IOF2
.3�'�
RRD'.
I DELTA ARC TAN, CHO. ''CHO. BRG:
1 "11499.16' 02 °09'38" 433.63' 216.84' 433.60' 5`33 °23'29 "W
2 14499.16' 00 °14" 05" 47.12' 23.56' 47.12" 534021'1S "W
3 11499.16' 00044'51" 150.00' 75.00' 150.00' 5'33 °51'47 "Y
I 4' 11499.16' 01 010'42" 23 6.51' 1 i °o.26 236.50' S. 32°54'01 "'W
t _ .
! r INTERSTRTE ROUTE-134
N 29 022:'08''E `
856:44'
w
ha BARN MAY O NO
REMAINING LAND w J
I 14,5309 ACRES
r
ID
W t
00 tTt Q`GARAGE 0 p
EXISTG
,r I DWELLING
no
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2 0 ---Jo 0- - —,csb 'tir 2 4 Q
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co ry
3428118"E o CO 4.
, Q
o LOT 6�IA
RL t`,/,3.0839 ACA. °� �
0
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, w
°URG'PIKE F °r�
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TABULATION CAVIfi M. FURS u
BEFORE. ADJUSTMENT
N0.:1455
LOT I 1.3200 ACRES
MAY 16.2948 ACRES
O
AFTER ADJUSTMENT"',`''IRVE
LOT 1 A 3.0839 ACRES'
MAY 14.5309 ACRES
FINRL PLRT
O O
BOUNORRY LINE ADJUSTMENT
° °o BETWEEN LOT I PHILIP K. MARTIN LOTS
° j l AND
THE LAND OF DENNIS J. & VIRGINIA S. MAY
STONEWALL DISTRICT
VIRGINIA: FItEpEwntl n, FREDERICK COUNTY, VIRGINIA
This inshu ma�t Olvrtfflrtg - .
me on ft
a '"thcertlticalebtad, a `!' — �� DATE: SEPT. 23, 1994
vas admdl
to record Tax l he eto anwed . _
S
Posed by Sec. 5&54.161
and 5&54 heJe I"" Datd , If a SCALE: 1" _ '200`
� HH 4 ssessable.
CLERK -
STEPHENS CITY, Vimum.,, 2 of 2
05.1
7563-7156
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012825
THIS DEED, made and dated this 150 day of June, 200.5: by and between AKHTER
SAYEF and GOUS AHMED, hereinafter called the Grantors, and MOHEHATULLAII
VAHIDI hereinafter called the Grantee.
WITNESSETH: That for and'in consideration of the sum of Ten :Dollars ($10.00),; cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with'Gene-ral Warranty and with English Covenants of Title, unto.
the'Grantee, in fee simple,,together With all rights, tights of way, privileges.improvements
thereon and appurtenances thereto belonging, all ofthe folloNving'realty:
All of that,ceftain lot or parcel of land, together with improvements thereon and
all rights and appurtenances thereunto belonging, lying and being situate in
Stonewall Magisterial District; Frederick County, Virginia, amounting to 14.5309
acres, more or less, and designated as "Remaining Land", on that Mat and survey
drawn by David M. Furstenau, L.S., dated September,13, 1994 of record in the
Office ofthe Clerk-of the;CiTcuit.CO'urt of Frederick County, Virginia, in Deed
Book 829, at Page 317. AN!> BEING 'the same property conveyed to A khter
Sayefand Gous Ahmed by'Deed from Kathy K. Spencer, dated November 24;
2004 of-record as Instrument Number 040024633. Reference is hereby made-to
the aforesaid plat, deed of dedication, deed,and'the, references contained therein
for°a further and more particular description of the property conveyed herein.
This conveyance is made subject to all legally critore6able restrictive covenants and.,
easements of record affecting the aforesaid realty.
'Me Grantors do hereby covenant that they have the right to convey to the Grantee that
the Grantee shall.have quiet and peaceable possession of the. said property, free from all liens and
encumbrances; and'they Will grant such further assurances of title asmay be requisite.
WITNESS thefollowing signature and seal:
(SEAL),
AKHTER SAYE
l$" `_' G{ 1 ��J << • (SEAL)
GODS AHMED
STATE,OF VIRGINIA
COUNTY OF:FREDERICK, To -wit:
1, Cathy M: Jewell, a Notary Public in and for the State and jurisdiction,aforesaid, do
hereby certify that,Akhter Sayef, whose name is signed to the foregoing -Deed, dated this 15" day
of June;, 2005 has °personally appeared before me.and acknowledged the same in my State and,
jurisdiction aforesaid.
Given under my hand this day of June, 2005.
My commission expires: 12/31/08.
—4 Notary Pu hc
F •
2
STATE OF-VIRGINIA
'COUNTY OF FREDERICK, To -wit:
1; Cathy M. Jewell, a Notary Public in and'for the State and jurisdiction aforesaid, do
hereby certify that Gous- Ahmed,,whose name is signed to the,foregoing Deed, dated this 15" day
of June, 2005 has personally appeared before me and acknowledged the same in my State and
j urisdict ion ,aforesaid.
Given under my hand this / day of June, 2005.
My commission expires: 12/3.1/08:
Notary;P Rc
TMo vu nit »u prT, d "y,
Edwin B Y"
Kuykondel, )oh U, McKet, d BwLr, P L C -
112 Souih Curwon Strw
WuK Ia. Vi19MW 22601
'(540)-662 3436
tO �!
1 ,
VIRGINIA: FREDERICK COU;\17y, 5C-[
This instrument of writing was,prodj ed to me un
and w2th ��rtttiwtc.,lf.1LKQO Jedgrinc) t t )rrcin ,rili)ucJ
i was adrnittad,to record..T inl{xUCtl hq S5 .- SR.I -8U2 of
and 58.1 -801 have heen;pwd, if assessablc
Clerk
C, 1W,50CS \CZED5\vah Wv. fe..v d 3
i
I
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be.'completed byl'lanning Staff..`
F�ee�Amount rPald $:- _
Zonm Ameridment Number, y . Date Received
The following information; shall.be provided by the applicant::
All,parcel identification numbers, deed bookand page numbers may be obtained from the Office of
the Commissioner of Revenue,. Real Estate Division, 1=07 North Kent Street, Winchester:
1. Applicant:
Name: GreyWolfe, Inc. - Gary R. Oates, LS -B, PE Telephone: 540 - 667 -2001
Address:, 1073 Redbud Road
Winchester, Virginia 22.603
2. Property Owner (if different than above)
Name: Mohebatullah Vahidi Telephone: (703) 471-0801
Address: 794 CenterStreef
Herndon, VA 20170
3. Contact person if other than above
Name: Gary R. Oates Telephone: 667-2001
4. Checklist:;- Chdck the following- items that have been included, with this application.
Location map Agency Comments
Plat Fees
Deed,to property, Impact Analysis Statement
Verification of taxes paid Proffer Statement
5. The Code of Virl4inia allows us to request full disclosure of ownership in relation'to
rezoning: applications:
Please list below all owners or parties in interest of the land to be rezoned:
Mohebatullah Vahidi'.
6, A) Current Use of the Property: Resideintial and Agriculture
B) Proposed Use of the Property: Commercial
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
33- (A) -125A Residential RA
33 -(A) -1258 Residential RA
33- (A) -125C Residential RA
33- (A) -1251D Residential RA
33- (A) -125E Residential RA
33 -(A) -123 Vacant 6 73
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
700' South on Martinsburg Pike Route 1.1 of the intersection
, g ( ) with Cedar,Hill Road
(Route'671) and fronting Route 11 and Interstate 81'in the Clear Brook area.
i
1.3
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes:: 0 Townhome: 0 Multi- Family: 0
Non- :Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0
Square Footage of Proposed Uses
Office: Service Station:
Retail 120,000. Manufacturing.:
Restaurant: 'Warehouse-
Other:.
t0. Signature:
,(we), the undersigned, do hereby respectfully make application and petition,the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize 'Frederick: County officials to enter the'
property for;site inspection purposes:
I (we) understand'that the sign issued when this application is submitted must'be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public,hearing and,maintained so as to'be visible,from the road.
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): Date:
Date:
Owner(s): Date:.
Date: .
. r ,
14
n • •
- , - ADJOINING PROPERTY OWNERS
J
Ownersof property adjoining the land will. be ^notified of the Planning Commission and the Board of .
Supervisors meetings. For the purpose of this application, :adjoining property is any property
abutting the •requested property on the side or rear or any property directly across a public
right -of -way, a private, right- of-way,, or a watercourse from the requested property. The
applicant is required to obtain the following information on. each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick. County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name R& Land development, LLC
1631 Redbud Road
Winchester, Virginia 226.03
Property, #33 -(A) -123
NameElaine MaGee
3703 Martinsburg Pike
Clear Brook, Virginia 22624
Property #334A) -125A
Name Debra Driver
3721 Martinsburg Pike
Clear Brook, Virginia, 22624
Property #33- (A) -12 -5B
Name Philip Martin
P.O. Box 113
Brucetown, Virginia 22622
Property #33- (A) -125C
NameMr. & Mrs. Mark Regan
2000 Cedar Hill Road,
Clear Brook, Virginia 22624
Property #33- (A) -125:D
& Mrs. Daniel' Schall
2042 Cedar Hill Road
Clear Brook, Virginia 22624
FameM,r.
perty 33- (A) -125E
NameSrlverWolfe, LLC
1073 Redbud Road
Winchester, Virginia 22603
Property #33- (A) -•124A
-Name Frederick Stronko
3656 Martinsburg Pike
Clear Brook, Virginia 22624
Property #33,- (A) -T24D
Name
Property #
jj
Ei
L
ti
W
Q yyZ
F I'NAL 'PLRT
BOUNDARY LINE ADJUSTMENT
BETWEEN LOT 1 PHILIP K. MARTIN LOTS
THE LANG OF DENNIS J. &VIRGINIA B. MRlwI'82 VG 0 3 1 b
STONEWALL DISTRICT
FREDERICK COUNTY, VIRGINIA
TAX MAP a 33 -A- 125 8 1258 ZONE RA USE: RESIDENTIAL
77 78
123
` tm
Izs 1 �• / ,� ;...
ITE
SURVEYOR'S CERTIF..ICATE
I, DAVID M. FURSTENAU', A DULY AUTHORIZED LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE MAY LAND OF THIS ABOVE AND FOREGOiNG•BOUNDARY
LINE ADJUSTMENT IS IN THE NAMES OF DENNIS J. AND VIRGINIA B. MAY
AND IS.ALL,THE LAND-CONVEYED TO THEM BY DEED DATED MAY 25, 1990
AND RECORDED AMONG THE LAND RECORDS OF THE CLERK OF THE CIRCUIT
COURT FOR FREDERICK COUNTY, VIRGINIA IN DEED BOOK 745 AT PAGE 745
AND-10t 1 OF THE PHILIP K. MARTIN LOTS IS THE NAME OF PHILIP K.
MARTIN AS CUSTODIAN FOR ANDREA RENEE'MARTI'N AND WAS CONVEYED TO
HIM BY DEED DATED JANUARY: 26, 1990 AND RECO EDr/I W DEED BOOK '1.3,7
AT PAGE.662;. -- - - - - --
DAVID M: FURSTENAU L.S.
OWNERS' CERTIFICATE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE, LAND OF
DENNIS J. & V,IRGINIA B. MAY AND LOT I OF PHILIP K. MATIN LOTS IS
IN AC RDANCE WITH THE DESIRES AND W1111 THE FREE CONSENT OF THE
UNDER IGNE 0 NERS, PRO" IETORS, AND TRUSTEES IF ANY,
DEA IS I J. _-AY VY—RGlQqIA $ MAY U PHILYP K. NARTIN
STATE OF VIRGINIA
I CITY /C NTY OF sg �— TO WIT:
4 I A NOTARY' U LI IN ND F R THE THE STATE
V_ I AND TH CITY /COUNTY HEREBY C RTiFY
TH THY'$ D'A RSONALL `��Qll E llE
WHOSE. NAMES ARE• GNED,
TO TH _ABOVE OWN RS` CER IFICA DATE SEPTEMBER 23. 1.99.4
AND ACKNOWLEDGE 'TO THE 'SAME B FO„ RE ME IN MY STATE ANDS CITY/
COUNTY AS AFORE ASD
GIVEN'UNDER"MY HAND THIS [ DAY OF _1994
MY COMMISSION EXPIRES .MrCCp�Nlls.,r r•i t: ; Ic,e r ^1 19�7
_.e.
APPROVED
FREDERICK COUNTY _
SU V " / AD TRATOR'
/.q/Sbj DATE DATE. SEPT. 23; 1994
.. FURS T . NAU �i1�f i VEYING
SCALE:
DrJp::OV.
�1'�PH'n' CI'Fii 1/ORGINI'A a26'S5
IOF2.
■
NO. RRO. OELTR ARC TAN, CHO. CHO. BRG:
1 11499.16 -' 02 009'38" 433.63' 216. B4' 433.60' 533023.'29 "W
2 11499.16' ;00 °1,4'05" 47.12.' 23:•56' 47.12' S 34021'15 "k
3
11499.16' 00044'51" 150.00' 75.00' 150.00' 5'33051'4T'W
4 14499.16' 01010'42" 3E.5 110.2 "0' 236.50' 5 32054'01 "W
t 2 INTERSTATE ROUTE 81
N 29 °22'08 'E
856:44' -
ULI
!QQBRL
p v
BARN MAY ' MNO
0
REMAINING LAND C3
14.5309' ACRES
ID
Lm
r
00 0 GARAGE 0 07 p
U)
n p - EXISTING 8 h = 0
:-r DWECUNG y� o Q Az U� -
co - 1`_100 ,C%*.! r
340 2 8' aRL `� y0 O Qz J ,� QQ
18 ^E
Zb. 149,89• '- —v
o: LOT /6 'Po J
IA
c �B
w �R 3.0839 ACR, 00�.
1 t a 'z tv /
j oo�
w 7' �u 00
ao r Mm- sroSS 00 <°
4 z� z 0 O�ry
Z 3 ui sLo'Da Rq RF(ygo
U. 5. ROUTE s 34• r
TI z8,
ry- w
Q A� c(81), g
ILT
URG PIKE
TABULATION CAM M. FURS u x
BEFORE ADJUSTMENT
N0: 1455 .
LOT I !:3200 ACRES
MAY 16:2948 ACRES A, !'2 Y�
AFTER ADJUSTMENT�`°� s' IRVE�O
LOT I A 3:0839 ACRES'
MAP 14.5309 ACRES
FINRL PLRT
0 0
BOUNORRY LINE ADJUSTMENT
0 0 BETWEEN LOT 1 PHILIP K. MARTIN LOTS
° j I AND
THE LAND OF DENNIS J. & VIRGINIA S. MAY
STONEWALL DISTRICT
,VIRGINIA: FRIEDERICX CoUNTY, SCT 'FREDERICK COUNTY, VIRGINIA
This instru e t of tan y'th ceHiliiaae.ot •�.• �Jd. DATE: SEPT. 23, 1994 _
"'as admdl to record. Tea Im eto annsiedd ..
by Sec. 5654:1 0! -
"–" SCALE: I.. = 260'
4...0 p� gI arW 5&54 have t?cen Raid . II assessable.
FURS 1 ENI ��ry? $; —
CLERK
STEPRNS CITY, Vihuinim 2 OF z
I
Rezoning Comments
— — tAl fir;
s
It
Frederick County Department of:Pl'anning &, Development ,
Mail to: Hand deliver to:
Fred. Co. Dept. of'Planning & Development Fred. Co. Dept. of ,Planning &, Development
107 North `Kent Street North; Building, 2 Floor
Winchester, Virginia `22601 107 North Kent Street
(540) 665- 56651 Winchester, Virginia "