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HomeMy WebLinkAbout14-99 Shockey Industries, Inc. and Shockey Realty Co. - Stonewall - Backfile• CASH RECEIPT � • I � Received Fro n '����• ��► � �i I aom � � r, ► � III, il r �+0 ACCOUNT HOW PAID lb 0 REZONING TRACKING SHEET Date - 13- q I Application received/file opened Reference manual updated/number assigned D-base updated File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing 40 color maps ordered from Mapping & Graphics PC public hearing date ACTION: fiftmrniyjJQd AIM M UQ L I` 22-9 I BOS public hearing date ACTION: A4r(;Ued- Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) Action letter mailed to applicant Reference manual and D-base updated 9 a�3 9 File given to office manager to update Application Action Summary (final action) File given to Mapping & Graphics to update zoning map L Zoning map amended Other notes: U 1Cuo1\Common\hncking.rez FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 September 23, 1999 Mr. Ralph Beeman Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING APPLICATION #14-99 OF SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY CO.; Property Identification Numbers 54A-1-1, 2, 3, 15A and part of 54-A-16. Dear Ralph: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 22, 1999. The Board approved your request to rezone 2.3 acres from RP (Residential Performance) to B2 (Business General) and 2.8 acres from M2 (Industrial General) to B2 (Business General). This property is located on Martinsburg Pike (Route 11), 640' north of Lee Avenue in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, n L�� "O-- . L "T,4-7 Evan A�Wyatt Deputy Director EAW/ch Attachment cc: Charles Orndoff, Stonewall District Supervisor Jane Anderson, Real Estate (with copy of map) Marcus Lemasters, Mapping & Graphics (with copy of map) Bill Simmons, Shockey Industries, Inc. 107 North Kent Street • Winchester, Virginia 22601-5000 E • PC REVIEW DATE: 09/01/99 BOS REVIEW DATE: 09/22/99 REZONING APPLICATION 914-99 SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY CO. To rezone 2.3 acres from RP (Residential Performance) to B2 (Business General) and 2.8 acres from M2 (Industrial General) to B2 (Business General) LOCATION: This property is located on Martinsburg Pike (Route 11), 640' north of Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-1, 2, 3, 15A and part of 54-A-16 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) and M2 (Industrial General) District Land Use: Residential, Office, and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: RP (Residential Performance) District South: Zoned: B2 (Business General) District M1 (Light Industrial) District East: Zoned: RP (Residential Performance) District B2 (Business General) District M1 (Light Industrial) District West: Zoned: M2 (Industrial General) District PROPOSED USE: Office Use: Residential Use: Office Use: Residential, Commercial & Vacant Use: Concrete Yard • 0 Shockey Industries, Inc./Shockey Realty Co. REZ #14-99 Page 2 September 15, 1999 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Barry J. Sweitzer, Trans. Roadway Engineer, dated June 22, 1999. Fire Marshal: Emergency access must be maintained. Recommend plan approval. County Engineer: We have no specific comments at this time; however, we do reserve the right to perform a detailed review at the time of the site plan submission. Sanitation Authority: No comment. City of Winchester: Reviewed by Utilities Committee; no comments. County Attorney: Once signed by owner, rest appears in proper form. Planning & Zoninjj: 1) Site History The original Zoning Map for Frederick County (U.S.G.S. Winchester Quadrangle) depicts these properties as R1 (Residential Limited) District and M2 (Industrial General) District. The properties that were originally zoned R1, Residential Limited District were revised to RP (Residential Performance) District on September 28, 1983 when the RP District replaced the RI, R2, R3, and R6 Districts. 2) Location The properties proposed for rezoning are located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage has approximately 550 feet of frontage along Martinsburg Pike (Route 11 North) which is identified as a major arterial road system. A mix of land uses exists within close proximity of these properties, including residential, office, heavy commercial, and industrial. 3) Site Suitability The properties do not contain environmentally sensitive areas such as steep slope, floodplain, woodlands or wetlands, nor are there potentially significant historic resources on or within the proximity of these properties. • 0 Shockey Industries, Inc./Shockey Realty Co. REZ #14-99 Page 3 September 15, 1999 4) Potential Impacts and Issues a) Transportation The applicant has prepared a traffic impact analysis statement which includes trip generation data, turning movement projections, and average daily traffic count information. The applicant has based this information on the development of 53,000 square feet of office space in addition to the 20,000 square feet of office space which currently exists. The results of this analysis suggest that the rezoning of these properties and subsequent development will create an overall trip generation of 804 vehicle trips at build -out. All traffic ingress and egress will utilize Martinsburg Pike to travel north to Interstate 81 and Route 37, or to travel south towards the City of Winchester. The applicant has projected that 80% (or 644 vehicle trips) will travel north on Martinsburg Pike, and 20% (or 160 vehicle trips) will travel south. In total, the build out of this acreage for additional office use will increase traffic on Martinsburg Pike by 4% of the 1996 calculated volume. b) Adjoining Properties Adjoining properties to the north and east of this acreage are used for residential purposes. Therefore, the proposal to develop additional office use on this acreage may produce negative impacts to the residential land uses including increased traffic, outdoor lighting, and headlight glare. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney's office. The applicant has proffered to limit these properties to office use with appropriate signage. STAFF CONCLUSIONS FOR 09/01/99 PLANNING COMMISSION MEETING: The proposal to rezone 2.3 acres from RP (Residential Performance) District and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District is consistent with the land use policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The 5.1 acres has sufficient road frontage along Martinsburg Pike and does not contain development constraints such as environmental features or historic resources. Shockey Industries, Inc./Shockey Realty Co. REZ #14-99 Page 4 September 15, 1999 The applicant has proffered to limit the use of this acreage for office development which is consistent with other land uses along this portion of Martinsburg Pike. It should be noted that the applicant has based impacts and calculations on the development of a 53,000-square-foot office; however, this square footage is not a proffered condition. The primary impacts associated with this proposal is to the transportation system and to adjoining residential properties. These impacts could be mitigated by limiting the number of entrances onto Martinsburg Pike, limiting the number and type of outdoor lighting fixtures, providing monument signs, and enhancing landscaping and buffering methods. The applicant should address how they plan to mitigate the impacts identified by staff during the review process by the Planning Commission and the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 09/01/99: Three homeowners of the Stine Subdivision area came forward to speak in opposition to the rezoning. A petition was submitted with signatures of homeowners in the Stine Subdivision who were opposed to any further expansion of the Shockey Industries around their residences because it violated their restrictive covenants limiting the use of the lots to residential. They were also concerned about possible increased truck traffic and crusher debris. The design engineer explained that the purpose for the rezoning was for office expansion, not to increase industrial activity, and that Shockey Industries desires to eliminate several office trailers and accommodate everyone in one building. Mr. Shockey explained that this particular office location serves three of their companies, located north of Baltimore, within Roanoke, and within Virginia Beach. He said that doubling the office space does not mean they would be doubling production activity at this Martinsburg Pike location. Commission members believed that the proposed down -zoning would not significantly impact the neighbors, especially in light of the proposed use and the proffers. They believed the road location would be a major factor as far as the adjoining property owners were concerned. Commission members requested the applicant meet with the neighbors to work out an amicable solution to the placement of the entrance road and building addition. The Commission recommended approval of the rezoning with the proffers submitted, by the following majority vote: YES (To Approve): Morris, Light, Copenhaver, Marker, DeHaven, Wilson, Romine, Thomas, Ours NO: Miller ABSTAIN: Stone w Rezoning Comments Viruinia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 VDOT - EDINBURG RESIDENCY Hand deliver to: Virginia'. epartmen Attn: Resident Engi 1550 Commerce Street Winchester, Virginia NKS ❑ BHL Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ra1Dh Beeman Location of property: SHOCKEY'S REZONING — On Martinsburg Pike (U.S. Route 11), 640' North of Lee Avenue. Current zoning: 2.24 ac RP Zoning requested: B2 Acreage: 6.65 4.41 ac M2 Viruinin npnnrtmpnt of Trnncnnrtntinn f nmmPntc- See attached letter from VDOT to Mr. Ralph Beeman of Greenway Engineering dated 06/22/99. VDOT Signature & Date: Trans. Engineer 06/22/99 T COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER Mr. Ralph Beeman C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Ralph: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 June 22, 1999 U.S JERRY A COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540)984S607 Ref: Shockey's Rezoning Route 11 (Martinsburg Pike) Frederick County A VDOT review has been completed on the rezoning application dated May 19, 1999 for the referenced project. The developer should address traffic impacts on existing VDOT roadway facilities in definitive terms of level of services. Both the existing level of service and the level of service if the applied rezoning takes place with its attendant increases of traffic volumes to the facilities are needed. Before development, this office will require a complete set of proposed construction plans detailing entrance designs, drainage features, and traffic flow data, including level of service from the ITE Trip Generation Manual, Sixth Edition or actual counts projected to the design year for review. Turn lanes and tapers may be necessary and should be provided at the owner/developer's expense on the frontage of property with Route 11. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and other off -site roadway improvements and drainage. Any work performed on the Commonwealth's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. If there are any questions, please feel free to call. Sin re " Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Attachment xc: Mr. Dave Heironimus, Mr. Kris Tierney WE KEEP VIRGINIA MOVING 0 • 3 W E DISTRI T LINE GAIN \ ` •. -':-:--WALL DIS ICT LINE�x;� ZZ (• it � )'//f \ f\. ---- o� `fir; f..... `J!;yy ,. !% ••\ C \`l �,� qj it Rezoning # 14-99 PINs: 54—A-16, 54A-1-1,2,3,15A Shockey Industries, Inc. & Shockey Realty Co. Produced by Frederick County Planning and Development, 08-16-99 LEGEND RP °rO e, / O1 HUNTER M. STINE ESTATE LOTS - D.B. 218, Pg. 520 SCALE IN FEET O STAR FORT ESTATE - D.B. 747, Pg. 16r 200 0 200 400 600 800 B2 B3 M1 M2 Zoning Map 54 Frederick County Appendix 2 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Date Received PC Hearing Date G - I - V q BOS Hearing Date E - Z Z - q I 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: Greenwa�En Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Shockey Industries, Shocke. Realty Address: P.O. Box 2530 Winchester, VA 22604 3. Contact person if other than above Name: Ralph C. Beeman Telephone: (540) 662-4185 Telephone: _(540) 667-7700 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Plat X Deed to property X Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X RECEIVED AUG 13 1999 DEPT. OF PLANNING/DEVELOPMENT • 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: Shockev Industries Shockey Realty 6. A) Current Use of the Property: Offices, Vacant, Industrial Outdoor Storage B) Proposed Use of the Property: Offices 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 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): On Martinsburg Pike (Route 11), 640' North of Lee Avenue. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: 54A-((1))-1, 2, 3, 15A, & part 54-((A))-16 Magisterial: Fire Service: Rescue Service Stonewall Millwood Station Millwood Station Districts High School: James Wood Middle School: James Wood Elementary School: Apple Pie Ridge 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.3 RP B2 2.8 M2 B2 5.1 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Number of Units Proposed Townhome: _ Mobile Home: Square Footage of Proposed Uses Multi -Family: Hotel Rooms: Office: 33,000 sf Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: • 0 12. 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 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. Date: g- &�' �7�1 �r �J Date: Owner(s): W-r—�.� Date: William F. Simmons Date: Ralph D. Shockey 0 Adjoining Property Owners Owners of 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 Siers, Mary M. 1099 Martinsburg Pike Winchester, VA 22603 Property # 54A-((1))-4 Zone: RP Use: Residential Name Slaughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-15B Zone: B2 Use: Commercial Name Slaughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-15C, 15D Zone: M1 Use: Light Industrial Name Slaughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-16 Zone: RP Use: Residential Name Lillard, Aubrey L. 1086 Martinsburg Pike Winchester, VA 22603 Property # 54A-((1))-18 Zone: RP Use: Residential Name Crider & Shockey, Inc. P.O. Box 2530 Winchester, VA 22604 Property # 54-((A))-17 Zone: M2 Use: Industrial Name Wright, Loring J. & Son Inc P.O. Box 2980 Winchester, VA 22604 Property # 54-((A))-18 Zone: M2 Use: Industrial Name Willingham, Mildred 1098 Martinsburg Pike Winchester, VA 22603 Property # 54-((A))-19 Zone: RP Use: Residential 0 i Name and Property Identification Number Address Name . Aikens, Harry and Walter P.O. Box 2468 Property # 54-((A))-20, 20A Winchester, VA 22604 Zone: M2 Use: Industrial Name Aikens, Harry and Walter P.O. Box 2468 Winchester, VA 22604 Property # 54-((A))-24 Zone: M 1 Use: Heavy Commercial Name .Phillip L. Williams P.O. Box 3235 Winchester, VA 22604 Property # 43-((A))-28A Zone: M2 Use: Industrial Name Property # II Name Property # Name Property # Name Property # Name Property # II Name Property # Name Property # Name Property # Name Property # Name Property # •{ W Action: AMENDMENT PLANNING COMMISSION: Recommended Approval on September 1, 1999 BOARD OF SUPERVISORS: Approved September 22, 1999 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #14-99 OF SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY CO. WHEREAS, Rezoning #14-99 of Shockey Industries, Inc. and Shockey Realty Company was submitted to rezone 2.3 acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District. This property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600' north of Lee Avenue, in the Stonewall Magisterial District and is identified with Property Identification Numbers 54A-1-1, 54A-1-2, 54A-1-3, 54A-1-15A and part of 54-A-16; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 1, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 22, 1999; 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 2.3 acres from RP (Residential Performance) to B2 (Business General) and 2.8 acres from M2 (Industrial General) to B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #23.99 • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of September, 1999 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST �- �johr�R.Riley, Jr. Frederick County A/ministrator O:\Agendm\COMM ENTS\REZONING\RE SOLUIN\Sliockey. RE S PDRes 923.99 • Greenway Engineering August 5, 1999 0 Shockey Rezoning REZONING REQUEST PROFFER PROPERTY ID NUMBERS 54A-((1))-1, 2, 3, & 15A & a portion of 54-((A))-16 Shockey Industries, Inc. Shockey Realty Co. 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 proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #� for the rezoning of approximately 2.3 acres from the Residential Performance (RP) zoning district to the Business General (132) zoning district and 2.8 acres from the Industrial General (M2) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. 1. ALLOWED USES The following uses shall be permitted on the subject property: Description SIC Finance, insurance and real estate offices --- Legal services 81 Engineering, accounting, research, management and 87 related services General business offices --- Business signs --- Directional signs --- Building entrance signs --- All other uses shall be prohibited. I • Gi-eenway Engineering Aagust 5, 1999 0 Shockey Rezoning The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: W •Q—�- William F. Simmons Chief Operating Officer, Shockey Industries Commonwealth of Virginia M/County of Frederick To Wit: Ralph D. Shockey Shockey Realty Company The foregoing instrument was acknowledged before me this Sixth day of August , 1999 by William F. Simmons, and Ralph D. Shockey My Commission Expires 1/31 2001 Notary Public 2 Rezoning CommentsD79iftxo4 ' RECEfVED M�'; g egg Frederick County Fire Marshal � �.<,:t�"'�s�t"'t....,....,..�.�.�.��az...,�,1��:�o::L:.�Lt�:3.,,...r�...,T_...iu':..`"a.,�:css:4£:��s�...�.:.c`f".��:.G.>at£:,.u..,.:,...'.:i3 m�<:.� `.t:�,:s..�,._..., ..Ts;,y�T;..•� �..;7....._..�`=:�� Mail to: Frederick County Fire Marshal Fire & Rescue Dept. 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Applicant: Please, fill out the information as accurately as possible; in order, to. assist the . Frederick County Fire Marshal with his review. Attach,a copyof your application form; location map, proffer statement, impact analysis, and any other, pertinent information.' Applicant's Name: Greenway Engineering Telephone: _(540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: SHOCKEY'S REZONING — On Martinsburg Pike (U.S. Route 11), 640' North of Lee Avenue. Current zoning: 2.24 ac RP Zoning requested: B2 4.41 ac M2 Fire Marshal's Comments: ire Marshal's Signature & Date: Acreage: 6.65 Notice to Fire Marshal - Please Return This Form to the Applicant ►_.J COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ99-0004 Date Received 5/28/99 Date Reviewed 6/11/99 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Project Name Shockey Project (office) Phone No. Type of Applicationrezoning Current Zoning 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 54-A-1,2,3 &15A RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SysternXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes XX No Comments Emergency Access must be maintained. Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title Z-V i m rFrederick County DPartment of Public Works �:ri`a.m..::�r��:,.L�.rv-.:�i��-..e""�`t...A,:s�.z.:-�.:x..»,»�:�w..ya.f.:ur..r.,�...sv�r•,"";"..�A"i,.i'i4�?^'[v..qua.::s.�vw.m��.�."�—".tr,.�x+.�r»`-'.i*..,..o......'�iw,-�:xk+`��Yn..���G.;:i�i'�.'�� Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist'the. Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: SHOCKEY'S REZONING— On Martinsburg Pike (U.S. Route 11), 640' North of Lee Avenue. Current zoning: 2.24 ac RP Zoning requested: B2 4.41 ac M2 Department of Public Work's Comments: Acreage: 6.65 JC) re iyyN ct V s �c S Public Works Signature & Date: Notice to Dept. of Public Works lease Return This Form to the Applicant Rezoning Comments Frederick County Sanitation Authority Mail to• Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: SHOCKEY'S REZONING — On Martinsburg Pike (U.S. Route 11) 640' North of Lee Aven Current zoning: 2.24 ac RP Zoning requested: B2 4.41 ac M2 Sanitation Authoritv Comments: Acreage: 6.65 Sanitation Authority Signature & Date_ Notice to Sanitation Authorit�=`Please Return This Form to the Applicant Rezoning Comments 0 • City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540)667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia pplicant: Please fill out the information as accurately as possible in order to assist the ity of Winchester with their review. Attach a copy of your application form, location ma roffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: SHOCKEY'S REZONING — On Martinsburg Pike (U.S. Route 11), 640' orth of Lee Avenue. Current zoning: 2.24 ac RP Zoning requested: B2 4.41 ac M2 City of Winchester's Comments: Acreage: 6.65 p e"ij City of Winchester's Signature & Date: G� / Notice to Cit of Wine lftastAPlease Return This Form to the Applicant _.� 6 R1unoo pjGp jj 001110 s,AOM Mub '44BOMuowwoO G� /7 'j � :POAieoea Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia pplicant: Please fill out the information as accurately as possible in order to assist the Coun ttorney's office with their review. Attach a copy of your application form, location map, roffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: _(540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: SHOCKEY'S REZONING — On Martinsburg Pike (U.S. Route 11), 640' orth of Lee Avenue. Current zoning: 2.24 ac RP Zoning requested: B2 Acreage: 6.65 4.41 ac M2 C'nnnty Attnrnnv9c C'nmmPntc- /Pik ��/� � d G✓►�.� �' c. �- r�.,.,� .- ssistant County Attorney's Signature & Date: Notice to County Attorney - Please Return This Form to the Applicant 0 A IMPACT STATEMENT SHOCKEY IND US TRIES, INC. SHOCKEY REALTY CO. PROPERTY ID NUMBERS 54A-((1))-1, 2, 3, 15A 54-((A))-16 REZONING APPLICATION August 5, 1999 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering August 5, 1999 *Shockey Impact Statement INTRODUCTION The subject property consists of six parcels owned either by Shockey Industries, Inc. or Shockey Realty. Said property is located on the West side of Martinsburg Pike (U.S. Route 11), approximately 640' north of Lee Avenue. Thea area to be rezoned includes all of parcels 54A-((1))- 1, 2, 3, & 15A, a 30' wide private alley, and a portion of 54-((A))-16 (see appendix 4). One parcel, consisting of 2.4 acres, is currently zoned Industrial General (M2), and is the site of an existing office building. Another 0.4 acres are zoned M2, with an existing use of outdoor storage. The four remaining parcels, with a collective area of 2.3 acres, are zoned Residential Performance (RP). All six properties, totaling 5.1 acres, are proposed to be rezoned to the Business General (B2) zoning district. This report has been prepared for the purpose of assessing the impact on Frederick County by this rezoning. SITE SUITABILITY The subject property is located within the "Urban Development Area" as defined within the Frederick County Comprehensive Polices. This designation reflects the intention of Frederick County to allow for more intensive development on the subject site. The purpose of this area designation is to direct the expansion and improvement of public utilities and infrastructure to areas that will be intensively developed. Floyd Plnins, The subject site is located on FEMA NFIP map # 510063-0105-B. The site is located within a "ZONE C" area. No portion of the subject site is in a 100 yr. flood plain. Wetlands The National Wetlands Inventory Map does not reveal the presence of any wetlands on the subject property. Mature Woodlands There is a row of mature trees along the rear property line of parcel 2, and another row running through parcels 1 and 2. Some of these trees will be removed during construction, while some may be saved in parking islands and open areas. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County. Virginia, by the USDS Soil Conservation Service. Greenway Engineering 0 ftugast S, 1999 OShockey Impact Statement Prime Agricultural Soils The soil on the subject site, which is identified as Frederick-Poplimento loam, is listed as "well suited" to cultivated crops, hay and pasture. Steep Slopes There are no steep slopes on the subject property. Construction Concerns The main limitations to commercial development are low permeability, low strength, and high shrink -swell potential. Each of these factors can be overcome with proper site planning and sound geotechnical design. SURROUNDING PROPERTIES There is a single family home to the north of the subject property, which lies approximately 25' from the adjoining boundary. There are two homes to the east, across Martinsburg Pike, lying approximately 105-115' from the nearest boundary with the subject property. Also on the east side of Martinsburg Pike is a store and storage building. The store, Frederick Block Company, lies approximately 130' from the subject property, while the storage building is 110' away. To the south of the subject site and 30' from the adjoining boundary is a small commercial building, apparently owned by L.J. Wright and Sons. Eighty feet to the west are the offices of H&W Construction Company. Also to the west are several large fuel tanks. For the zones of surrounding properties, please refer to Appendix 2. The proposed use of office building will not create adverse impact due to noise, glare, or other nuisances. The property which will be impacted the most will be the residential home on 54A-((1))- 4, which is only 25' from the adjoining boundary with the subject property. This property will have the additional protection of a category "B" buffer on the subject property, which will be at least 50' in width. BASIS FOR DETERMINING IMPACT on The existing RP zoning for 2.2 acres of the site will allow for a maximum residential density of 19 single-family detached units. M2 There is currently a 20,000 sf office building on one of the parcels that is currently zoned M2, and all impacts were calculated based on this present use. The other M2-zoned lot is used for outdoor storage, and no existing impacts were determined for it. Pa Greenway Engineering 9 Angnst i, 1999 W hockey Impact Statement The traffic impact for the B2 zoned area is based on a phased architectural plan for the property, with 53,000 sf of office space. All other impacts for the proposed "B-2" zoning have been calculated using the maximum possible density, which is 142,000 square feet of retail space. TRAFFIC ANALYSIS Trip Generation The following table is based on trip data taken from the ITE Trip Generation Manual, 61h Edition: TRIP GENERATION DATA Zone Use Density PEAK HOUR TRIPS AM PM ADT Entering Exiting Entering Exiting (vehicles/day) Existing RP Single Family Detached 19 4 11 12 7 182 Existing M2 Office 20,000 27 4 5 25 220 B2 Office 53,000 73 10 13 66 584 Total Additional Trips: 182 The development of the rezoned site at the maximum density could therefore generate a traffic increase of approximately 180 trips per day. Traffic Impact Traffic impacts were determined using the following estimated traffic split: Traffic split 65% will travel north to the I-81 interchange. 15% will travel north on 1-81 50% will travel south on 1-81 15% will travel north to Route 37. 20% will travel south on Route 11. 3 Greenway Engineering 0 August 5, 1999 0 Shockey Impact Stalement Traffic Data VDOT has classified Route 11 (Martinsburg Pike) as a major collector. Route 37 and I-81 are major arterials. The following table lists existing traffic counts and expected increases on the road network. TRAFFIC COUNTS EXISTING TRAFFIC TRAFFIC INCREASE Road Date of Study AADT (vehicles/day) Increase adt Increase (%) U.S. Route 11 South to Winchester 1996 14,000 36 0.26 U.S. Route 11 North to Rte 37 & I-81 1996 14,000 144 1.03 Route 37 between Rte 522 & Rte 11 1996 13,000 27 0.21 Interstate I-81 South between Rte 7 & Rte 11 1996 37,000 90 0.24 Interstate I-81 between Rte 11 & Rte 672 1996 36,000 27 0.08 This table demonstrates that rezoning of the property is anticipated to have little impact on the local road network. WATER SUPPLY Water service to the existing office building is supplied by the City of Winchester. The amount of water used under the maximum possible intensity of development is 35,500 gpd, while the amount of water used currently is estimated to be 2,000 gpd. The resulting impact created by rezoning the subject property is therefore 33,500 gpd. SEWAGE CONVEYANCE AND TREATMENT The existing building and any new construction will have sewer service provided by Frederick County. Based on water consumption, the proposed rezoning will add an additional 33,500 gpd to the sewage conveyance system at maximum buildout. 4 Greenway Engineering • Itugust 5, 1999 .Shockey Impact Statement 11117_\ 1►ETH O Existing Conditions Water currently flows off of the property in several directions. The runoff from 2.2 acres on parcel 54A-((1))-15A flows in a southeasterly direction, through two culverts under Route 11, and into an unnamed tributary of Redbud Run. Approximately 2.3 acres of the site drains north onto neighboring properties. Also, the runoff from about 1.4 acres on parcel 54-((A))-16 flows northwest into a drainage ditch near the boundary with the railroad. The runoff from approximately 11 acres of the surrounding area flows across the subject property. Post -developed Conditions Development of the site will create an additional 8.0 cfs runoff during a two-year storm, and an increase of 10.3 cfs during a ten-year storm. Proposed Mitigation A detailed stormwater evaluation will be included with any site plan submittals. If development of the site requires it, a detention facility will be built which will manage the rate of storm water discharge into Redbud Run. By controlling stormwater flow off of the site in this way, the impact of developing the subject property on Redbud Run and downstream properties will be within acceptable limits. SOLID WASTE DISPOSAL The subject property is expected to generate 4,060 cy/yr in solid waste. HISTORIC SITES AND STRUCTURES Referencing the Rural Landmarks Survey Report for Frederick County, Virginia, we find that there is one historic structure in the vicinity of the subject property. Fort Collier, which is listed in said report as being potentially eligible for the State and National Register of Historic Places, is approximately 1000'south and east of the subject site. In addition, the 3rd Battle of Winchester potential historic district lies 2000' east of the subject property. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site will be estimated by the Frederick County Capital Facilities Impact Model. OTHER IMPACTS No additional impacts are forseen by the development of the subject property at the proffered density. M eooK 3G0 PACE 35 \1 .. rl .. 1.♦ •• ••F •K.• •dn♦ v I �r4 1 ,a�ds��a i 't� ti� +irt) a��hlr Gus -.L��x t( �+��r,� �1•s i. '•."z_ ,'f FQ I �.1 j1�,-,•to ��ri,� ri?'.�Q t "b:: r. A�Q Ie Yh.d �,ee �d ti QUL i.•N 4 'ltad 2 .7 .e. R• fr.a,aq. , to+\;r< bn r ;{tiM rfc .4 Rrtib'gs� .anl1;1 rVe 1 Iseni� �� r 1 � u O I �1L?•if1J'M +r:.. r 1� fair. {�', Ij,774\ VIRGINIA FREDERICK CDUt:Tf, SCT. Instrument of writing %rs produced to me on the.. ._day " of.LCJ�Ilp ...�u a2:,S�Q :! . _, and with certificate of acknowledgment ttwaw annex, was admitted to record. Arid additional tax paid. n Ni'�'LW' gerx - I Boundary Survey Appendix 3-1 Shoot 1 at • SHOCKEY REALT COMPANY BX836PGO 145 0,0.360•P 2T C NCR Te WALL-4 N 35. 30' E — 304,50' u h �N NM p0 Lva ; , WESTERN PORTION OF LOT 1 8 LOT 2 N ALL OFNLOT 3 _ �� w HUNTER M. STINE ESTATE LOTS J BLOCX N — = Z BL00. 70,073 SO. F., wo Wv Y W a UOm 0 N L? = c ro OJ > S 350 30' W — t80.61' u}i ± LPS. POLE .. N - P- aJMETER I STORY jbg0 BRICX #108T 21.8' —LINE WINCHESTER OUTDOOR 0..8. ADVERTISING24P45a m i s, v ►Q. ~ LO z 0'v APPROX. 0.2 ML 35. 30' W-130.00 _TO RT. 764 POLE POLE � TE� P a-T-a- CATV ITHOIT RT II — MARTINSBURG PIKE 7 THIS IS TO CERTIFY THAT CN X F'EBRUARY 7, 1995, I MADE AN ACCURATE SURVEY OF 'ITir: 1?RE- MISES SIVA HERECtN AND THAT �p �CiO THERE ARE NO FASFZSF.Yf-i OR + s mqcxmcmwm VISIBLE ON THE GPOUM OTHER THAN T11CSE SHOWN 1ER CN. NOT IN HUD 100 YEAR FILM :,C IE. Boundary Survey Appendix 3-2 • THIS IS 7) CEMF IAT CN O=E4& 1996, I MNUE AN ACXURATL LJRVI,:Y OF THE MWISES SHOW[J HEkDON AND THAT T11?•32E ARE NO EASE- MENT-3 OR ENCRO4GNDUS VISIBLE CN THE Gt=Z OTIEM THAN 71YSE SIV(vTI HEPSCY. NOT IN HUD 100 YEAR FLOOD ZONE. SHOCKEY INDUSTRIES, INC O.B. 836- P 141 N 9� N 35. 30 E — IJ 180.61 EASTERN PORTION OF LOT I a LOTI 2 HUNTER M. STINE ESTATE LOTS 22,850.6 SO. FT I a I Om 2 I o V% BILL �r F, 7 � BOARDS - N 00 J J S 350 30' W — 18 -P-8-T-8r CATV - 6h363iG 1 788 O N M1 r r IpF `per \ TW ` Z 7 O O I 1 ' �v In N (n _ u. z W m M m W U n O V7 4: a N s C (SE'..) VOLE PT. BEG. ROUTE I I — MARTINSBURG PIKE 'fie above plat is a survey of the Eastern Portion of Lot 1 and Lot 2 - amter M. Stine Estate Lots as recorded in Deed Hook 218 - Page 520 and is a portion of the land conveyed to Winchester Outdoor Advertising Corporation May 22, 1952 in Deed Book 224 - Page 145. The said Land frcnts the Western side of Route 11 and lies in Stonewall District, Frederick County, Virginia. Beginning at a nail and cap(set) in the Property Line of Route 11 and °QLTer to Shockey Industries, Inc.. 'fierce with Shockey Industries, Inc. N 520 30' W - 125.09' to an iron pin(found); Thence N 35° 30' E - 180.61' to an iron pin(found); 'fience S 540 30' E - 125.00' to an iron pin(found) in the Property Line of Route 11; Thence with Route 11 S 35' 30' W - 185.00' to the point of beginning. Containing - 22.850.6 Sq. Ft. Surveyed - October 8, 1996 THOMAS A. SHOCKEY 883 Back Mountain Rd Winchester, VA 22602 Boundary Survey Appendix 3-3 jt.L1 N p� y', O" ? SAS Z 1 71 j )0pe* ? 1 l�No SUR401 ti e, 71.�� • T.r e4-((Ag- E4 zo10i: use: Hvy ColoREMAL TJL USE: 't yt�o o •o c a y n. x �• N A CD o 7 t9 e y EXHIBIT SHOWING Q. � GREENWAY ENGINEERING m ^ AREA TO BE REZONED i1 c � E �• 131 Vlndy Wll Lane SHOCKEY INDUSTRIES, INC. M a SMITH Winchester, Vlrglnle 22602 S 19)1 o se STONEWALL DISTRICT No.ozzea7 Engineer. T.I.ph.n. 540-662-4185 +I .A.� Surveyors FAX 540-722-9528 FREDERICK COUNTY, VA Ss�OlUL OUTPUT MODULE APPLICANT. Shockey Company Net Fiscal Impact LAND USE TYPE Rezoning Costs of Impact Credit Credlt� IQ be Take REAL EST VAL $9,484,300 Required (entered in Cur. Budget Cur Budget Cap. Future CIP/ FIRE 8 RESCUE 1 Calzjtal F;aciltu4.5 col sum only) Qper Cap Equip Expend/P_ebt ..5. Taxes. Other Fire and Rescue Department $48,153 Elementary Schools $0 Middle Schools $0 $0 $0 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $3,016 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $7,815 $10,257 SUBTOTAL $48,153 $10,831 $10,257 $0 LESS: NET FISCAL IMPACT $1,607,664 NET CAP. FACILITIES IMPACT INDEX: 1.0" If Cap Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg. 0.0 PLANNING DEPT PREFERENCES 1.0 1.0 Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per Wrtadjutkd) CQ9 Balam;e FNAtte-s Impact DW-01mg" $0 $0 $48,153 E R R $0 $0 $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $3.016 $3,016 $0 ERR $0 $0 $0 ERR $18,072 $18,072 $0 ERR $21,088 $21,088 $27,065 ERR $1,607,664 $1,607,664 ($1,64 1 ERR Rev -Cost Bal = 1.000 Ratio to Co Avg = 1.483 -------------------------------------------------------- METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative), included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ NOTES: Model Run Date 05/06/99 EAW P.I.N. 54A-1-1,2,3, 8 15A Rezoning: Assumes 94,843 sq.ft. office on 4.44 acres zoned 62. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. �, 8 I • • I Iu 1 a T.M. 43-((A))-28B / v ZONE: M2 Z USE: INDUST. T.M. 54-((A))-15� ZONE: M2 USE: INDUST. T.M. 54-((A))-16 / ZONE: M2 USE: INDUSTRIAL DB 360/27 AREA - 5.95 AC B2 ZONED AREA - 0.4 AC T.M. 54A-((1))-10 ZONE: RP USE: RESIDENT J - _ T.M. 54A-((1))-9 I ZONE: RP 1 USE: RESIDENT W - x T.M. 54A-((1))-8 R, ZONE: RP USE: RESIDENTIAL T.M. 54A-((1))-7 ZONE: RP I z USE: RESIDENT E� I � T.M. 54A-((1))-6 ZONE: RP USE: RESIDENTIAL M2 ZONED AREA - 5.55 AC _ _ _ _ 1-4 / IW I rnl T.M. 54A-((1))-5 1 E+ L=731.21' TOTAL r6 ZONE: RP (TOTAL) R=925.40' ,n USE: RESIDENTIAL00 rnl - - - - � p� 3 T.M. 54A-((1))-4 I / ^ ZONE: RP USE: RESIDENTIAL `n r) -- -- I T.M. 54A-((1))-3 ZONE: B2 � USE: COMM. I PROPOSED ZONING - - - DISTRICT BOUNDARY / \ Cl a$ �I ZI v I v I Vz T.M. 54-((A))-\Ep N 52'29'13" W E• - _ �F J ZONE: M2 \ 164.87 _30' ALLEY / USE: INDUSTRIAL \ � T.M. 54A-((1))-15A ZONE: B2 USE: COMM. NOT : SURVEY INFORMATION OBTAINED FROM PLAT BY R. M. BARTENSTEIN & ASSOCIATES DATED MAY 18, 1964 & RECORDED IN FREDERICK COUNTY CLERK'S OFFICE, DB 360, PG 29 REZONING PLAT FOR THE LAND OF SHOCKEY REALTY CO. TAX MAP NO. 54—((A))-16 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "=120' 1 DATE: AUGUST 5, 1999 GREENWAY ENGINEERING 151 WINDY HIM LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenway®visuaWnk.com FILE#_2381 j - 1 -7 6X8G`�i'G 1785 G 1� THIS DEED, made and dated this 6"day of November, 1996, by and between ©DV RTISING, INC., a Maryland Corpoufflon authorized to transact business in Virginia (formerly WINCHESTER OUTD )OR A DVERTISING CORPORATION, a Virginia Corporation), hereinafter Grantor; and SHOCIEY INDUSTRIES. INC„ a Virginia Corporation, hereinafter Grantee. WHEREAS, Winchester Outdoor Advertising Corporation, a Virginia Corporation, s 0 Nacquired the hereinafler described property by Deed dated May 22, 1952, and recorded in the e Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224 at Page t� M ,$ > 145; and v- wWHEREAS, by Articles of Merger received and approved by the State Department i. N g 00 in a of Assessments and Taxation of Maryland on August 14, 1970 (a certified copy of which is o g 0_ attached hereto and by this reference made a part hereof), The Chambersburg Poster u e v Advertising Company, a ;+laryland Corporation, and "Geo. D. Reynolds Company, o v u °j Incorporated," a Maryland Corporation, and Winchester Outdoor Advertising Corporation, a d v C L cVirginia Corporation, were merged into Potomac Poster Advertising Corporation, a U U Maryland Corporation, and Potomac Poster Advertising Corporation, a Maryland Corporation, thereafter changed its name to Advertising, Inc., a Maryland Corporation. NOW, THEREFORE, WITNESSETH: That 'or and inconsideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, in fee simple, the following described property and appurtenances thereunto belonging: All those two (2) certain lots or parcels of land, together with the improve::-ents thereon and the appurtenances thereunto belonging, lying and being si,uate in Stonewall Magisterial District, Frederick County, Virginia, on the West side of U.S. Route 14o. 11, more particularly described as Lot Nos. 1 and 2 on that certain plat of "Hunter M. Stine Estate Lots," dated January, 1951, made by Lee A. Ebert, C.L.S., and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 218 at Page 520; and being the same property conveyed to Winchester Outdoor Advertising Corporation, a Virginia Corporation, by Deed dated May 22, 1952, from I. Fred Stinc, p,( ejf., said Deed being of record it the aforesaid Clerk's Office in Deed Book 224 at Page 145. LESS AND EXCEPT the conveyance of that certain strip or parcel of land being the: Westemmost 175 feet of Lot Nos. 1 and 2, which was conveyed by Winchester Outdoor Advertising Corporation by Deed dated February 27, 1958, to Douglas E. Russell and Alice M. Russell, his wife, said Deed being of record in the aforesaid Clerk's Office in Deed Book 258 at Page 393. Said property G'869IIG1786 0 being further more particularly described by plat and survey of Thomas A Sl•ockey, Land Surveyor, dated October 8, 1996, a copy of which is attached hereto and by this reference incorporated herein as if set out in full. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hcrr:by conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions. easements and rights of way. The Grantor covenan's that it has a right to convey said property to the Grantee; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property free from all encumbrances. The Grantor covenants that all necessary and proper corporate action has been taken to authorize the execution, acknowledgment, and delivery of this instrument. IN WITNESS WHEREOF, said corporation has signed its corporate name by the proper officer thereunto duly authorized: ADVERTISING, INC., a Maryland Corporation (Formerly WINCHES rER OUTDOOR ADVERTISING CORPORATION, a Virginia Corporation) By: 1,4l _(SEAL) Name: Douglaid S. Wright, Sr. Vice President Title: 1 STATE OF _ VIRGINIA CITN,/NRWN OF WINCHESTER to -wit: i BEFORE ME, this 20th day of November, 1996, appeared DOugIns S. Wr ixht . ;)r. who is Vice President of Advertising, Inc., a Maryland Corporation (formerly Winchester Outdoor Advertising Corporation, a Virginia Corporation), known to me to be the person and officer whose name is subscribed to the foregoing instrument, who acknowledged to me that the same was executed for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Corporation, and that they were authorized to do so. Notary Public 1 My Commission expires: Ap-_ t 30, 1997 T (NOTARIAL SEAL] n 81,36D�G f 7801 THIS IS Tn CERTIFY THAT ON CVTORER 8, 1996, I MALE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT 7107E ARE NO EASE- MENTS OR ENCROACIPUM5 VISIBLE ON THE (ROUND O IIER THAN TIV)SE SI'C.*! =CN. �r J N C 4 J m m N J 10 am 4 Ci rW X W Z W .J - •W Q N J a W ,. ao EASTERN PORTION OF LOT 1 a LOTI 2 p_ HUNTER M. STINE ESTATE LOTS 3 }$a ° 22,850.6 SQ. FT I W ( ^o Z I BILL BOARDS 1 1 W 1 W t NOT IN HUD 1GO YEAR FZOOD ZONE. SHOCKEY INDUSTRIES, INC. D. B. 836 - P. 141 - N 90 J POLE N 35. 30' E — 1 180.61 - N 0 r 00 J J S 35. 30' W — 185.( -P---T-8- CATV - - 0 -p- N R C (SE—) -Q ".. BEG. ROUTE I I — MARTINSBURG PIKE N 1�1 F- O O IPL The above plat is a survey of the Eastern Portion of Lot 1 and Lot 2 - Hunter M. Stine Estate Lots as recorded in Deed Book 218 - Page 520 and is a portion of the land conveyed to Winchester Outdoor Advertising Corporation May 22, 1952 in Deed Boric 224 - Page 145. The said Iand fronts the Western side of Route 11 and lies in Stonewall District, Frederick County, Virginia. Beginning at a nail and cap(set) in the Property Line of Route 11 and corner to Shock-ey Industries, Inc.. Thence with Shockey Industries, Inc. N 520 30' W - 125.09' to an iron pin(found); Thence N 35° 30' E - 180.61' to an iron pin(found); Thence S 54° 30' E - 125.00' to an iron pin(found) In the Property Line of Route 11; Thence with Route 11 S 35° 30' W - 185.00' to the point of beginning. Containing - 22.850.6 Sq. Ft. Surveyed - October 8, 1996 THOMAS A. SHOCKEY 883 Back Mountain Rd Winchester, VA 22602 Boundary Survey Appendix 3-3 gyp mac+ 0�, itq o? AND yURVE"I_ �a 7 �J N 4 NC4 G .+ 00 N� r$ u u CU � v W a.l W �K33GfGO1G{ THIS DEED, mndo and dated this 24th day of February, 1995, by and botdoon DONNA R. RUj ELL, in her capacity no Executrix under the Will of DOUGLAS S. RUBSELL, Decoaaad; hereinafter Grantor; and fljIQ M Ik1DUOTRIE9. I21C._, a Virgins,. Corporation, hereinafter Grantee: and DONNA R. RUBDELL and SANDRA R. QL&R= , Beneficiaries under the Will of DOUGLAS E. gUSSZLL, Doceased, parties of the third part; and SAMUEL S. gUssELL, husband of Donna R. Russell, and GARY ,,. gj&Z=, husband of SANDRA R. CLAPHAM, parties of the fourth part. WHEREAS, tho said Douglas E. Russell died testate on January 9, 1995, (Alice M. Russell, his wife, having predeceased him on January 20, 1993), seized and possessed of the hereinafter described tract or parcel of land. Pursuant to the terms of his Will, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 106 at Page 1409, in the event he was not survived by his wife, Donna R. Russell and Sandra R. Clapham, his children, became his beneficiaries; and WHEREAS, by the terms of Douglas E. Russell's Will recorded in the aforesaid Clerk's Office in Will Book 106 at Page 1409, he appointed Donna R. Russell Executrix with authority to sall the land conveyed herein. The said Donna R. Russell, Executrix, has duly qualified as Executrix under the terms of the Will as evidenced by the Ord,3r recorded in the aforesaid Clerk's Office in Will Book 106 at Page 1416. NOW, T1iEREFORE, WITNESSETH: That for and in consideration t;,* the sum of Ten Dollars ($10.00), crsh in ha::d paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with SPECIAL WARRANTY OF TITLE, unto the Grantee, in fee simple, the following described property and appurtenances thereunto belonging: 6K036PGO142 par_cn1 Qnq: All that cartain lot or parcel of land, lying and being aituato in Stonewall Magiaturial Dintrict, FrodaricY. County, Virginia, fronting 130 feet on the West side of U.S. Routo Ill and running back of even width in a Woatornly direction a distance of 300 foot, which lot is more particularly described and shown on a certain plat of Walker McC. Bond, dated April 7, 1948, which is of record in the Clork'n Office of the Circuit Court of Frederick County, Virginia, in Deed Book 205 at Page 104, and more particularly described as Lot No. Three (3) on that certain plat of "Hunter M. Stine Esv,--a Lots", dated January, 1951, made by Lee A. Ebert, C.L.S., and of record in the aforesaid Clerk's Office in Deed Book 218 at Page 520; and being the same property conveyed to Douglas E. Russell and Alice M. Russell, his wife, by Deed dated September 1, 1954, from W. Cr3ster Luttrell and Elia Luttrell. his rife, said Deed being of record in the aforesaid Clerk's Office in Deed Book 241 at Page 466. parcel Two: All those certain lots or parcels of land, togeti.er with all the rights, ways, privileges and appurtenances thereunto belonging or in anywise appertaining, lying and being situate in the Stonewall Magisterial District of Frederick County, Virginia, and lying 125 feet West of the westernmost margin of U.S. Route No. 11, and more particularly described as being the Westernmost 175 feet of Lots Nos. 1 and 2, as shown and designated on that plat of the it M. Stine Estate Lots"-, which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 218 at Page 520; and being the same property conveyed to Douglas E. Russell and Alice M. Russell, his wife, by Deed dated February 21, 1958, from Winchest.-r Outdoor Advertising Corporation, a Virginia Corporation, said Deed being of record in the aforesaid Clerk's Office in Deed Book 238 at Page 393. Parcels One and Two are further more particularly described by plat and survey of -i,, .-)*nas A. Shockey, Land Surveyor, dated February 13, 1995, a copy of which is attached hereto and by this reference made a part hereof as if set out in full. The said Alice M. Russell died on January 20, 1993, survived by her widower, Douglas E. Russell, in whom title to both Parcels One and Two vested by right of survivorship. 5X8361'G01113 iloforonco in hnro made to the aforesaid instruments and the Attachments and the rnforoncca therein contained for n further and morw particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The Beneficiaries, Donna R. Russell and Sandra R. Clapham, join in the execution of this Deed for the purpose of quitclaiming and conveying any right, titla or interest they may have in and to the herein conveyed property. Samuel S. Russell and Gary 4. Clapham join fn the execution of this Deed for the purpose of quitclaiming and conveying any right, title or interest they may have in and to the herein conveyed property, including any marital right or i►,terest, and for the purpose of waiving any right or claim to the herein conveyed property which could be included in any augmented estate pursuant to §64.1-16 through §64.1-16.4 of the Code of Virginia, 1950, as amended, �.s it currently exists or as it. may be hereafter amended, or pursuant to any other statute, case law, common law or equity theory as it currently exists or as it may be later promulgated, or otherwise. WITwEss the following signatures and seals: (SEAL) `DONNA R. RUSSELL, IN HER CAPACITY As EXECUTRIX AND AS A BENEFICIARY UNDER THE WILL O/F�DOUGLAS E. RUSSELL, DECEASED J llti+ '/ �� (SE L) SAMUEL S. RUSSELL (SEAL) DRA R. Z', BENEFICIARY UNDER THE WILL OF DOUGLAS E. RUSSELL, DECEASED (SEAL) GARY CLAP�L OK83GPGOI1A STxrE OF VIRGINIA � CITY/aL�L1_�� GW= OF dLY-tit--I to -wit: The forego} g ,,( instrument was acknowledged before me this,d21 & day of � , 1995, by Donna R. Russell, in her capacity as Executrix and as a Beneficiary under the will of Douglas E. Russell, Deceased. Notary Public My Commission expires: STATE OF VIRGINI CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this a 7�0 day of February, 1995, by Sandra R. Clapham, Beneficiary under the Will of Douglas E. Russell, Deceased. R. Rndu-�(jAI Notary Public My Commission expires: �-C_bwo,ta r a?, ) 9q 7 STATE OF VIRGINI CITY/COUNTY OF Fre_&bC , to -wit: The foregoing instniment was acknowledged before me this 0 "4 day of February, 1995, by Samuel S. Russell. R. An dwOhl _ Notary Public My Commission expires: T-e-h�w �' `^n ' , "� aY 1997 STATE OF VIRGINIA CTTY/COUNTY OF 4idw) c'1J( , to -wit: The foregoing instrument was acknowledged before me this Xf� day of February, 1995, by Gary,: Clapham. II u,x� R . nn a�Un Notary Public My Commission expires: �- � Ohoot 1 of 2 SHOCKEY REALTY COMPANY 0.0. Leo • r 27 /— CONCRCTQ WALL 4,3' N 35. 30, E — 304.50 U % N on og '0 lUN 3 WESTERN PORTION OF LOT 1 8 LOT 2 ALL OFNLOT 3 (n HUNTER M. STINE ESTATE LOTS BLOCK z-- 70,073 S0. FT 00 20 r o) S 35. 30 W uP- ri OI.PS. POLE .. J N -J a d N v_m j� so Q.m a d 1 F W 1 WINCHESTER OUTDOOR m ADVERTISING a 0.8. 224-P 145 APPROX. 0.2 ML TO RT. 764 cr O X Lu (, I a cn o W a O M _j r e Cr n k1 Q 6 .�E 0 1 i 1 STORY BRICK �� 1 t METER 1 1 1087 76 tBLOG 21.8 —LINE I 1 � i 1 _ 131 1 Uj m o Is � IGI 1 � m Z S 35. 30. W-130 C0 HATER CATV POIEPF POLE METER RT II — MARTINSBURG PIKE THIS IS To CERTIFY THAT ON FEBr%UARY 7, 1995, I MADE AN ACCURATE SURVEY OF ThZ PRE- MISES SHOWN HEREON AND THAT THERE ARE NO FASEMLI l'S OR EN(T4ACHME TS VISIBLE ON THE CFOU D OTim THAN THOSE NOT IN HUD 100 YEAR El= :,CNE- Boundary Survey Appendix 3-2 shont 2 of. 2 BN'83GPGO146 The attachnd plat is n survey of tho Wontnrn Portion of Lot 1 and Lot 2 and all of Lot 3 - hunter M. Stine Estate Lotss as recorded in Deed (look 218 - Page 520 and is the same Land conveyed to Douglas E. Russell and Alice M. Russell September 1, 1954 in Deed cook 241 - Page 466 and February 27, 1950 in Deed P,)ok 258 - Pago 393. The said Land fronts the Western ?e of Route 11 and lies in Stonewall District, Frederick County, Virginia. Beginning at an iron pin(found) in the Property Line of Route 11 and corner to the Eastern Portion of Lot 2. Thence, therewith, N 54° 30' W - 125.00' to an iron pin(found); Thence with the Eastern Portion of Lot 2 and Lot 1 3 350 30' W - 180.61' to an iron pin(set) in the line of Shockey Industries, Inc.; Thence, therewit-!-. N 52° 30'W - 175.11' to a point on a concrete wall, said point beir;: 4.3' from the Southeast corner of the said wall, in the line of Shockey Realty Company; Thence, therewith, N 350 30' E - 304.50' to a point on the said wall corner to Lot 4; Thence with Lot 4 S 54' 30' E - 300.00' to an iron pin(found) in the Property Line of Route 11, said course passing thru the center of a metal fence post at 0.13'; Thence with Route 11 S 350 30' W - 130.00' to the point of beginning. Containing - 70,073 Sq. Ft. Surveyed - February 7, 1995 THOMAS A. SHOCKEY 883 Back ;.Mountain Rd. Winchester, VA 22602 VIRf3lNM- FREDL'aCK COUNTY, 3CT. T,,N�pG� �Ir�/rument oil wrf!'?Q was prt, 4c*d to me on the IQZ_deyot ""fi ;.19�"a1 and with certffIcale w ecknowfartpment (hereto aonexed weM od to : &cord. Tax Impnned by nrc. 05! .1.11of 0W 5e.1.401 have been pMd. H •"osiable. CNrk Op `, n �9 TH AV IL 5MU (UCEN `, t ,lv0 SlliiVi:t 810 . SHOCKEY REALTY COMPANY � I TO :: :: DE::D Ebb dha SHOCKEY INDUSTRIES, INC. DEC 585 o1%G31krs801 ` THIS DEED made and dated this Sth day of December, 1986, by and between SHOCKEY REALTY COMPANY, a Virginia 4 Limited Partnership, party of the first part, hereinafter called the Grantor, and SHOCKEY INDUSTRIES, INC., a Virg '.ia tt Corporation, party of the second part, hereinafter called the ;rantee. WITNF•SSETH: That for and in consideration of the sum Df Ten ($10.00) Dollars, cash in hand paid, anU other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in :`ee simple, absolute, all of those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Ftonewall Magisterial District, Frederick. County, Virginia, and more particularly described as follows: TRACT ONE: All of that certain lot or parcel of land, fronting on the West side of U. S. Route No. 11, a short distance North of the Northern limits of the City of Winchester, Virginia, containing 2.4140 Acres, as shown on the plat of survey drawn by R. M. Bartenstein and Associates, dated May 18, 1964, attached to the hereinafter mentioned deed, and by this reference made a part hereof as if -et out in full; and being the s^me prop. :y conveyed to the Grantor herein by deed dated December 15, 1963, from Crider and Shockey, Incorporated, a Virginia Corporation, said deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 3`1 at Page 33. Reference is made to i.Le a.'-,resaid plat and deed for a more particular description of the property herein conveyed. TRACT TWO: All of that certain tract or parce of land, contiguous to the Northern boundary of TRACT ONE above, and described and designated as a certain strip of land 30 ft. in width designated 'Alley', and lying and being situate along the West aide r a ' ei;63�,rG802 of the Martinsburg Pike (U. S. Route 11) between the Shockey and Crider tract and Lot No. 1 of the Hunter M. Stine Lots, which plat of Hunter M. Stine Estate Lots appears of record in the aforesaid Clerk's Office in Deed Book 218 at Page 52C, et seq. and it by this reference made a part hereof as if set out in full; and being the same property conveyed to the Grantor herein by quitclaim deed dated August 11, 1986, from Fort Coilier Farms, Inc., a Virginia Corporation, said deed being of record in the aforesaid Clerk's Office in Deed Book 628 at Page 214 . f Reference is made to the said deed or a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that it has the r,'.ght 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 it will grant such further assurances of title as may be requisite. WITNESS the following signatures and sealst ISHOCKEY REALTY COMPANY By >J f/�� /Q ��!-,ii f (SEAL) RALPt D. SHOCKEZ PARTNER By S❑ KE , P R NERR By SEAL) 'S D. SHOCKLY, J ., PARTNER STATE OP VIRGINIA, OF 2f, a Notary Public in Iand for the State and jurisdiction aforesaid, do hereby certify I that RALPfi D. SliOCKEY, JAt4B5 D. SNOCKEY and JAMES D. SHOCKE , i PARTNERS of SHUCKEY REALTY CUMPANY, whose names are signed 2 �* _Le< f , a '03 .. I H631:PG803 to the foregoing Deed, bearing date of December 5, 1986, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this / day of December, 1986. My Commission expires i I NOTARY_ �UBLIG V "t Vi i- f is inmrument A writing piodu to me on the 1 w:tk certiiicdto of acknowledgment thoreio annecal waa uit;od to rocord. Tax imposod by Jac. 6&.)1.1 of and 5t354 have been paid, ifaye�sdb„ t 3 6 / �. T.M. 54A-((1))-10 ``' o ZONE: RP I USE: RESIDENTIAL / S 54'29 13 E T.M. 43—((A))-28B / co 130.57' ZONE: M2 z r USE: INDUST. T.M. 54A—((1))-9 / ZONE: RP _ USE: RESIDENTIAL T.M. 54—((A))-15/ — — — — ZONE: M2 T.M. 54A—((1))-8 a. USE: INDUST. / ZONE: RP I USE: RESIDENTIAL I T.M. 54A—((1))-7 U1 / ZONE: RP Z / T.M. 54—((A))-16 USE: RESIDENTIAL E- ZONE: M2 USE: INDUSTRIAL DB 360/27 T.M. 54A-((1))-6 AREA - 5.95 AC ZONE: RP / B2 ZONED AREA - 0.4 AC USE: RESIDENTIAL / M2 ZONED AREA - 5.55 AC I -t T.M. 54A-((1))-5 L=731.21' �i ZONE: RP (TOTAL) ,n USE: RESIDENTIAL O TOTAL R=925-40' ad 37 T.M. 54A-((1))-4 I ZONE: RP � USE: RESIDENTIAL Q / -- cn T.M. 54A-((1))-3 ZONE: B2 / USE: COMM. I PROPOSED ZONING - - - DISTRICT BOUNDARY -FI-1 II���IIIIIIIIII LON� �D N ✓ N 52 29 13" W F /T.M. 54—((A))-17 � _ — F _ / ZONE: M2 y� 164.87' 30' ALLEY USE: INDUSTRIAL T.M. 54A-((1))-15A ZONE: B2 USE: COMM. NOTE: SURVEY INFORMATION OBTAINED FROM PLAT BY R. M. BARTENSTEIN & ASSOCIATES DATED MAY 18, 1964 & RECORDED IN FREDERICK COUNTY CLERK'S OFFICE, DB 360, PG 29 REZONING PLAT FOR THE LAND OF SHOCKEY REALTY CO. TAX MAP NO. 54-((A))-16 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=120' DATE: AUGUST 5, 1999 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenway®visuallink.com FILE#-2381 I • 15,614 HHW/ca 12/8/69 wxwwwww«ww«w«wwwxwwxxxwx«xw«wwxxwwxwwwwwwwx•«wwwxwwwwx #�z690 HOWARD SHOCKEY & SONS, INC. " TO: DEED w JAMES D. SHOCKEY, FT AL « ww«ww««xx«««ww«««wwxxxx««xx«««««x«wwxK««x««ww«wx«w«w«« _-2- 6 �> 7 tr3 3 )Q frE 27 THIS DEED made and dated this 15th day of December, 1969 by and between Howard Shockey and Sons, Incorporated, a Virginia corporation, party of the first part, and James D. Shockey, Ralph D. Shockey and James D. Shockey, Jr., partners, trading as Shockey Realty Company, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($1O.O0) and other good and valuable consideration the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with general warranty of title, unto the parties of the second part, their successors or assigns, the following described property and appurtenances thereunto belonging: All of that certain tract of land situate in Stonewall District, Frederick County, Virginia, on the East side of the right of way of the Cumberland Valley - Martinsburg Railroad, now known as the Penn Central Railroad, and a short distance West of U. S. Route 11, containing 5.9531 acres as shown on the attached plat and survey of R. M. Bartenstein and Associates dated May 18, 1964, by this reference incorporated herein, and being the same property described as 5.24 acres on the plat attached to the deed by which the Grantor acquired said property from I. Fred Stine, et al, dated December 31, 1954, of record in the Frederick County Circuit Court Clerk's Office in Deed Book 236, at page 6. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. Except as noted above, the Grantor covenants that it has the right to convey said property to the Grantees; that it will execute such further assurances of said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. tli"'K 3GO use 28 . WITNESS the following -signatures and seals: HOWARD SHOCKEY AND SONS, INCORPORATE[ By -1 /.- _/1 Press ent STATE OF VIRGINIA / OF To -wit: L(l���cl.P.t � , / e K a Notary Public in and for the State and aforesaid, hereby certify that as President and r•s asl I Secretary of Howard Shockey and Sons, Incorporated whose names are signed to the foregoing deed dated the 15th day of December, i 1969 have this day personally appeared before me and acknowledged' the same. Given under my hand this /SS- day of December, 1969. of My Commission expires ` ca Notary Public °a,; �4 g iE A • �, Ir'�I'f111111N���, I -2- 360 FACE 29 z t, "4j•l V M4 'Ao -Pi A POP s Ft Ilk fit M*4Si 't Li V 10 CT . t 41, U'i Wt If o l WAS: V 0 N. #+.3 1, 4-1 i, t"?, - I IN tip .,U 1, '4 1i n 1 kg j jr S4' V 13'VO 9: .7 3D,0 _77 "I rl pr I 4P V our; "I.� .4 e%l Si A 4 It 'V. SCT, VIRGINtA FREDERICK COUI day Dr9duce T i instru7nl %vr;tinZ d to me on the .......... and with certificate of to record. And additional actcnowtedgment ereto annexed was admitted tax pakL -,A�, Ir L-J's 4 BOLIndary Survey Appendix 3-4 T A X R E C E I P T C TY OF FREDERICK C ILLIAM ORNDOFF, JR P.O. BOX 225 - Y E A R 1 9 9 9 WINCHESTER VA 22604 1999 REAL ESTATE TAXES .50 ACRE 54A 1 Acres: Land: 30000 Imp: SHOCKEY INDUSTRIES, INC Ticket #:00287990001 Date 6/09/1999 Register: LBX/LM Trans. #: 60748 Dept # RE199901 ACCT# 14338 Previous Principal 1 Balance $ 88.50 .50 Principal Being Paid $ 0 Penalty $ Interest $ Amount Paid $ *Balance Due PO BOX 2530 as of 6/09/1999$ WINCHESTER, VA 22604 1730 •J by BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate .Sanitary District .Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District Street Lights other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 T A X R E C E I P T - Y E A R 1 9 9 9 CO STY OF FREDERICK C. ILLIAM ORNDOFF, JR P.O. BOX 225 I WINCHESTER VA 22604 1999 REAL ESTATE TAXES .66 ACRE 54A 1 Acres: Land: 30000 Imp: SHOCKEY INDUSTRIES, INC Ticket #:00288000001 Date 6/09/1999 Register: LBX/LM Trans. #: 60748 Dept # RE199901 ACCT# 14339 Previous Principal 2 Balance $ 102.07 .66 Principal Being Paid $ 4600 Penalty $ Interest $ Amount Paid $ *Balance Due PO BOX 2530 as of 6/09/1999$ WINCHESTER, VA 22604 1730 a by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 102.07 .00 .00 102.07 (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District .Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District .Street Lights other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 T A X R E C E I P T - Y E A R 1 9 9 9 CSTY OF FREDERICK C. ILLIAM ORNDOFF, JR P.O. BOX 225 I WINCHESTER VA 22604 1999 REAL ESTATE TAXES .87 ACRE Land: 34000 SHOCKEY INDUSTRIES, INC Ticket #:00288010001 Date 6/09/1999 Register: LBX/LM Trans. #: 60748 Dept # RE199901 ACCT# 14340 Previous Principal 3 Balance $ 326.27 .87 Principal Being Paid $ 76600 Penalty $ Interest $ Amount Paid $ *Balance Due PO BOX 2530 as of 6/09/1999$ WINCHESTER, VA 22604 1730 a by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 54A 1 Acres: Imp: 326.27 .00 .00 326.27 MI (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment;'License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District .Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the neu• building. Suite 10 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's office at (540) 665-5607 T A X R E C E I P T - Y E A R 1 9 9 9 CTY OF FREDERICK C ILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 1999 REAL ESTATE TAXES 2.41 ACRES Land: 314900 SHOCKEY INDUSTRIES, INC. Ticket #:00288020001 Date 6/09/1999 Register: LBX/LM Trans. #: 60748 Dept # RE199901 ACCT# 14352 Previous Principal 15A Balance $ 6040.42 2.41 Principal Being Paid $ 1732700 Penalty $ Interest $ Amount Paid $ *Balance Due PO BOX 2530 as of 6/09/1999$ WINCHESTER, VA 22604 1730 & by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 54A 1 Acres: Imp: 6040.42 .00 .00 6040.42 (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ► Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District .Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 • • T A X R E C E I P T - Y E A R 1 9 9 9 C TY OF FREDERICK C ILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 1999 REAL ESTATE TAXES 5.95 ACRES 54 A Acres: Land: 178500 Imp: SHOCKEY, JAMES D. & RALPH D. Ticket #:00288150001 Date 6/07/1999 Register: LBX/LM Trans. #: 54109 Dept # RE199901 ACCT# 15258 Previous Principal 16 Balance $ 811.55 5.95 Principal Being Paid $ 96600 Penalty $ Interest $ Amount Paid $ *Balance Due PO BOX 2530 as of 6/07/1999$ WINCHESTER, VA 22604 1730 4i by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 811.55 .00 .00 811.55 (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate .Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District .Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are nou' located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 0 0 COUNTY of FRIEDERICK W ® � Department of planning and Development 540/665-5651 -171A FAX: 540/673-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Office Assistant II 4- SUBJECT: Return Of Sign Deposit DATE: October 6, 1999 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Rezoning Application #14-99 for Shockey Industries, Inc. & Shockey Realty Company. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac The Shockey Companies P.O. Box 2530 Winchester, VA 22604 107 north dent Street - Winchester, Virginia 2260I-5000 HO*RD SHOCKEY &SONS, INC*. ESTABLISHED 1896 P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-7700 FAX (540) 665-3211 May 15, 2002 REULIVt_ Mr. Eric Lawrence County of Frederick MAY I 1UOL Department of Planning and Development 107 North Kent Street --FT. . C7 FIL "N Winchester, VA 22601 RE: Temporary Office Facility Dear Eric: Thank you for meeting with me on Friday of last week. We appreciate your understanding and approval of The Shockey Companies' temporary office facilities. This letter updates your record of our current situation and where we may be headed in our Companies' pursuit of needed office space. My letter of February 25, 1998 requested a variance to Frederick County's requirement for a 100 ft. set back from residential property for a temporary office building (new doublewide office trailer). Our intent at the time was to investigate our future needs and the building options that might be available to us. You were kind enough to grant us the variance due in part to our ownership of the residential property in question, which did not have a house on it. On March 3, 1998 we obtained a Building Permit (#314-98) for construction of the foundations required for the doublewide office building. A Certificate of Occupancy was later issued on June 10, 1998. The 2.3 acres of residential property referenced above was rezoned from RP (Residential Performance) to B2 (Business General), plus an additional 2.8 acres from M2 (Industrial General) to B2 (Business General). by Frederick County Board of Supervisors' action taken on September 22, 1999. Between one and two years later Shockey added a second office trailer alongside the existing doublewide office trailer due to the need for additional space. To the best of my knowledge we did not inform your office of this action, nor did we apply for a Building Permit. The purpose of my request for a meeting last Friday was to correct this oversight. I think we assumed it was not necessary to ask for second variance due to the rezoning of our residential property to B2. Nevertheless, in retrospect we should have made you part of this decision. We apologize for this lack of consideration. My assumption for Shockey's failure to request a Building Permit for the second office trailer is that it was installed without a foundation as our job site office trailers are installed. Please advise if we should apply for this permit now. We have no reservations in doing so if that action is needed to maintain the County's records. SHMEY THE PARTNER OF CHOICE • Mr. Eric R. Lawrence May 15, 2002 Page Two We may need to bring in a third office trailer alongside the two existing office trailers at some time in the future. This decision would be driven by the need for additional office space before additional permanent space can be constructed or acquired. This will be discussed in greater detail below. We will inform your office by letter before taking this action, and will also follow your instructions with regard to a Building Permit. The construction of additional permanent office space by The Shockey Companies has been a difficult decision in that there have been many mixed signals about the economy over the past four years. Through 1998 and into 1999 we worked with a design firm to develop a number of options for our office expansion, but this effort was derailed by strong signals of a recession before a decision was reached. We decided to take a wait and see attitude until we could determine what the economy was going to do. Considerable time has passed since that time, and today we are faced with the continued growth of our companies and an economy that appears to be improving. As a result of the above we are again starting to think seriously about our need for additional office space. Today there are two concepts that appear most appealing. The first is to construct office space within an existing building owned by Shockey here on our existing office/plant campus. The second is to construct a new building on the property rezoned B2 mentioned above, which is immediately north of our existing office. A third option would be to acquire existing office space somewhere else here in our vicinity. At this time we are not sure which direction we will head, but are becoming more and more confident that we must add permanent office space in the near firture. We will keep your office informed as we refine our plans. T. rtregi saga y u help and assistance. B r Dennis L41nt lgenfeld Vice Pre and General Manager Enclosures cc: William F. Simmons, III SHCXKEY THE PARTNER OF CHOICE HM�ARD SHOCKEY & SONS DP. ESTABLISHED 1896 P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-7700 FAX (540) 665-3211 February 25, 1998 Mr. Eric Lawrence Zoning Administrator 107 N. Kent Street Winchester, VA. 22601 Re: Temporary Office Facility Dear Mr. Lawrence: The Shockey Companies have grown to a size that will likely require an office expansion within the next two years. We are currently working with an architect to program our future needs, and we should have a preliminary site plan for this office expansion within the next twelve months. We will submit this information to you on its completion. We anticipate starting construction in accordance with such site plan approximately 12 months thereafter (approximately 24 months from today's date). During this interim, we need to add a temporary 24 ft. x 50 ft. office structure to be located on property owned by Shockey Industries as shown on the attached sketch. The property east of this temporary structure and immediately north of our existing office was purchased by Shockey in two parcels: The Estate of Douglas E. Russell purchased on March 22, 1995 and the former property of Winchester Outdoor Advertising purchased on November 20, 1996 (collectively referred to as the former Russell/Outdoor Advertising Property). In light of the above, we request a variance to Frederick County's requirement for a 100 ft. set back from the existing North -South concrete screen wall behind the Russell/Outdoor Advertising Property to the temporary 24 ft. x 50 ft. office. More than a 10 ft. offset between the screen wall and the temporary office would place the temporary office in the path of tractor trailer trucks and straddle cranes transporting large precast concrete members from the precast plant to our lower storage yard, thereby representing a serious safety hazard. This, coupled with our need to keep the temporary office close to existing utilities and our existing office for needed support and interaction is in our opinion adequate justification for the requested variance. J:letta119981dlhVoning.doc SHOG�� THE PARTNER OF CHOICE • • Mr. Eric Lawrence Page 2 February 25, 1998 Additionally, the Shockey owned Russell/Outdoor Advertising Property serves as a large buffer zone (far in excess of 100 ft.) between the temporary office and the nearest privately owned residence (now or formerly Mary M. Siers) north of the Russell/Outdoor Advertising Property. Your consideration and approval of the above will be greatly appreciated. It will keep our company's plans for growth and expansion on track, and that should be good for all involved parties. d _ „ Please donj hpsitatQo mall it q*s�ions arise. Sincerely, Dennis L. Hilgenfeld Vice President & General DLH/cso J:letterV 998WWooning.doe SHMEY THE PARTNER OF CHOICE 0 1 0 [i 7 ,w ARE: Rezoning Applicati*o. #14-99 Shockey Industries, Inc. d Shockey Realty Compas August 1999 PETITION TO: The Planning Commission and the Board of Supervisors of Frederick County, Virginia. We, the undersigned, comprise a group of individual lot owners in the Hunter M. Stine Estate Lots Subdivision located and fronting on the East and West boundary lines of U. S. Hwy. No. 11 just North of the City limits of Winchester in Stonewall Magisterial District, Frederick County, Virginia. We strongly object to the applicant's rezoning request on the following grounds: A. The three parcels of land, 54A-11,54A-1-2,54A-1-3, which are described in the application are three of a total of 31 lots in Hunter M. Stine Estate Lots Subdivision which are governed by the following restrictive covenant limiting the use of the lots to residential use: 1. "The lot hereby conveyed, and all buildings erected thereon, shall be used only as a private dwelling for one family, and such buildings as may be erected thereon shall not be used for boarding houses, apartment houses, tenement houses, and for any business purpose, except that of operating a tourist home. This covenant shall not prevent the owner of this lot from erecting and using such detached buildings as are customarily used in conjunction with a private dwelling such as a garage." To grant the applicant's request would undermine both at law and in equity the intent of the developer in the purpose of the subdivision and the reliance of the lot purchasers that their lots might be used for other than residential use. B. There is no substantial change in the character of the neighborhood as would justify a re -zoning. All of the lots in the subdivision are currently used exclusively for residential subdivision. C. The applicationoranted, would constitute spot zoning `would not best serve the interests of the overwhelming majority of the lot owners in this residential subdivision. We respectfully urge the Planning Commission to deny the applicant's request. _2_ 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Cheryl S. Owings, Finance Department FROM: Renee' S. Arlotta -N THRU: Evan Wyatt, Deputy Director 4 RE: Check Request DATE: August 16, 1999 Please issue a check in the amount of $54.25 made payable to The Shockey Companies. They issued a check # 245246 in the amount of $807.75 for payment for a rezoning application and over paid by $54.25. The check was deposited under Finance Code GF1303-07 (Applications), and Treasurer's Code ZASP on August 13, 1999. Please mail the check to The Shockey Companies, P.O. Box 2530, Winchester, Virginia 22604. If you need any additional information, feel free to contact me. Thank you for your time. RSA/bah U ABdh\Common\CHECK. MEM 107 North Kent Street - Winchester, Virginia 22601-5000 sftcx , APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA -ow,- In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezonings are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. Ifyou have questions or need assistance, please contact the Department ofPlanning and Development at (540) 665-5651. Application Materials The following materials must be submitted to the Department of Planning and Development. ✓ 1. A completed application form (the form is attached). 2. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. ✓3. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. ✓4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. ✓5. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner ofRevenue, Real Estate Division, 107 North Kent Street, Winchester. ✓6. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 5. f 7. Proffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 10. ✓8. Completed agency comment sheets. Comments sheets are attached. It may not be required that all comment sheets be completed Check with the Department of Planning and Development to determine which comment sheets are applicable. ✓9. Fees. There is a $550 base fee plus $35 per acre and a $25 deposit for a public hearing sign. Checks should be made payable to "Treasurer of Frederick County." OvOZ-fkyMONTT, -TZ 'S=-Ti n JD • v' 13 �, 6 0 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: File No.: Date: SHOCKEY'S REZONING 2381 August 6, 1999 To: Frederick County Planning Dept. Attn: Evan Wyatt Copied: From: Ralph Beeman GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: F Urgent 1-71 For Your Review ri As You Requested W Please Comment Message: Please find enclosed a complete rezoning application package, including the following documents: 1. Check 2. Rezoning Application 3. Impact Statement, including location maps, and plats 4. Proffer 5. Rezoning Plat 6. Agency Comments 7. Verification of Taxes Paid 8. Deeds to the Various Parcels 9. 24 additional copies of Appendix 2 Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com I It COUNTY of FREDERICK Department of Planning an, d Development 540/665-5651 FAX: 540/678-0632 INI AIFIC-AM O! I Or PUBLIC rlEARING) September 8, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING #14-99 OF SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY COMPANY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on September 22, 1999, at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning 914-99 of Shockey Industries, Inc. and Shockey Realty Company to rezone 2.3. acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District. This property is located on the west side of Martinsburg Pike (U. S. Route 11), approximately 600' north of Lee Avenue, in the Stonewall Magisterial District and is identified with Property Identification Numbers 54A-1-1, 54A-1-2, 54A-1- 3, 54A-1-15A and 54-A-16. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch 0AAgcndas\ADJ0INER\Shockey. REZ 107 North Kent Street a Winchester, Virginia 2260I-5000 t This is to certify that the attached correspondence was mailed to the following on I % from the Department of Planning and Development, Frederick Count, Virginia: 54 - A- - 19 54A - 1- - 4- SIERS, MARY M 1099 MARTINSBURG PIKE WINCHESTER, VA 22603.4951 54A - 1- - 15-D SLAUGHTER PROPERTIES PO BOX 696 WINCHESTER, VA 22604.0696 54A - 1- - 18- LILLARD, AUBREY L 1006 MARTINSBURG PIKE WINCHESTER, VA 22603-4932 544- ( - 1,2, 3 54 - A- - 17- 1 Sq el,6 CRIDER & SHOCKEY, INC. PO BOX 2530 WINCHESTER, VA 22604-1730 54 - A- - 18- WRIGHT, LORING J. & SON, INC. PO BOX 29BO GLOVER, JOHN D. PO BOX 2761 WINCHESTER, VA & SONS, INC. 22604.1961 54A - 1- - 19- WILLINGHAM, MILDRED L 1090 MARTINSBURG PIKE WINCHESTER, VA 22603.4932 43 - A- - 28-A WILLIAMS, PHILLIP L. PO BOX 3235 WINCHESTER, VA 22604-2435 54-A-24 Aikens, Harry William & Walter Harrison Aikens P.O. Box 2468 Winchester, VA 22604-1668 WINCHESTER, VA 22604.2180 n W---- Evan A. . yatt, De ty Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK �l I, - A a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and vl Development, whose name is signed to the foregoing, dated . a Cj , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day ofT7��'�TIC�CjC, My commission expires on (�� A O� o�� } Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 �, -I A-L- � �(-d j �ARY PUBLIC f�i August 18, 1999 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 1 IUrIFICAVION OF PUBLIC HEARING TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING #14-99 OF SHOCKEY INDUSTRIES, INC. AND SHOCKEY REALTY COMPANY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on September 1, 1999, at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #14-99 of Shockey Industries, Inc. and Shockey Realty Company to rezone 2.3 acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District. This property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600' north of Lee Avenue, in the Stonewall Magisterial District and is identified with Property Identification Numbers 54A-1-1, 54A-1-2, 54A-1- 3, 54A-1-15A and 54-A-16. . Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch 0A\Agendas\AD10IN E R\Shockey. REZ 107 North Kent Street - Winchester, Virginia 22601-5000 This is it certify— that the attached correspondence was mailed to the following on from the Department ofPlanning and Development, Frederick County, Virginia: 54 A 19 GLOVER, JOHN D. & SONS, INC. 54A - 1- - 4- PO BOX 2761 SIERS, MARY M WINCHESTER, VA 22604-1961 1099 MARTINSBURG PIKE WINCHESTER, VA 22603.4951 54A - 1- - 19- WILLINGHAM, MILDRED L 54A . 1• - 15-C 1098 MARTINSBURG PIKE SLAUGHTER PROPERTIES WINCHESTER, VA 22603-4932 PO BOX 696 WINCHESTER, VA 22604.0696 54 - A• • 20- 54A • 1- - 16- AIKENS, HARRY W. & WALTER H. LILLARD, AUBREY L PO BOX 2468WINCHESTER, VA 22604-1668 1006 MARTINSBURG PIKE WINCHESTER, VA 22603-4932 Mr. Mark D. Smith Greenway Engineering 54 - A- - 17- S4A-1-15 A S4A-1 3 151 Windy Hill Lane CRIDER & SHOCKEY, INC. 2- Winchester, VA 22602 V PO BOX 2530 WINCHESTER, VA 22604.1730 54 - A- • 18. WRIGHT, LORING J. & SON, INC. PO BOX 2980 C WINCHESTER, VA 22604-2180 , Evan A. Wyatt, De ty Director Frederick Co. Planni g Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I , a Notary Public in and for the State and County afo esaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated B . 18 •Q q , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on CLJf UQl�i1 O�� 0��3 1:;�Ha-b ARY PUBLIC TO: Barbara in Data Processing FROM: Planning Dep ent se s of labels by: Please print � �� 91 THANK YOU" Adjoining Property Owners Owners of 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 �iers, Mary M. 1099 Martinsburg Pike Winchester, VA 22603 Property # 54A-((1))-4 Zone: RP Use: Residential Name laughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-15B Zone: B2 Use: Commercial Name Slaughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-15C, 15D Zone: M1 Use: Light Industrial Name Slaughter Properties P.O. Box 696 Winchester, VA 22604 Property # 54A-((1))-16 Zone: RP Use: Residential Name -Lillard, Aubrey L. 1086 Martinsburg Pike Winchester, VA 22603 Property # 54A-((1))-18 Zone: RP Use: Residential Name , Crider & Shockey, Inc. P.O. Box 2530 Winchester, VA 22604 Property # 54-((A))-17 Zone: M2 Use: Industrial Name Wright, Loring J. & Son Inc P.O. Box 2980 Winchester, VA 22604 Property # 54-((A))-18 Zone: M2 Use: Industrial Name Willingham, Mildred 1098 Martinsburg Pike Winchester, VA 22603 Property # 54-((A))-19 S4 i Zone: RP Use: Residential na cpn �/"/< PC1.Jt!a o 54 - (1) — 1 q l�be1 CV bu,L�urY- 54Fl_I.2 54 54� -I-154 54-14-16' a Name and Property Identification Number Address Name . Aikens, Harry and Walter P.O. Box 2468 Winchester, VA 22604 Zone: M2 Use: Industrial Property # 54-((A))-20, 20A Name Aikens, Harry and Walter P.O. Box 2468 Winchester, VA 22604 Zone: M 1 Use: Heavy Commercial Property # 54-((A))-24 Name .Phillip L. Williams P.O. Box 3235 Winchester, VA 22604 Zone: M2 Use: Industrial Property # 43-((A))-28A Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property #