HomeMy WebLinkAbout012-88 Maclellan Associates - Gainesboro - Backfilea
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
CERTIFIED MAIL
June 13, 1997
North Mountain Properties, Inc.
Attn: Mrs. Claudine G. Huntsberry, Partner, MacLellan Associates
P.O. Box 692
Winchester, VA 22604
Dear Mrs. Huntsberry:
This letter is in reference to the property which is located on Route 522, north of Winchester
between Oak Side Lane and Hickory Lane, which is owned by MacLellan Associates. This property
is presently designated as parcel numbers A, B, C, D and 9 on tax map 53A in the Gainesboro
Magisterial District. Currently, parcel numbers A and B are zoned General Business (B-2) and parcel
numbers C, D and 9 are zoned Residential Performance (RP).
You recently contacted our department regarding an apparent inaccuracy in both the zoning and
configuration of these parcels as reflected by our records. Our records indicate that parcel numbers
C, D and 9 have been rezoned from Residential Performance (RP) to General Business (B-2) in June
of 1988. In addition, we found that parcel numbers A, B, C, D and 9 should have been consolidated
into three tracts.
We will immediately update our zoning map to indicate that parcels C, D and 9 are zoned General
Business (B-2). In addition, we will indicate that these three parcels have been consolidated into one
parcel. This will be referred to as parcel number C. Parcels A and B are already zoned B-2.
In summary, MacLellan Associates will own parcel numbers A, B and C on tax map 53A in the
Gainesboro Magisterial District. These parcels are zoned B-2, and will consist of a total of 1.27
acres.
10? Vnrth rent titreet • bVinchester, Vir-inin 22601-5000
Page 2
MacLellan Associates Property
June 16, 1997
If you have further questions concerning this matter, please do not hesitate to contact our
department. We appreciate your patience in this matter and apologize for any inconvenience it may
have caused.
Sincerely,
re4DEvaons
ning Administrator
ADE\bah
cc: Dr. Randolph M. Jackson, Partner, MacLellan Associates
Dr. Thomas C. Apostle, Partner, MacLellan Associates
Dr. John F. MacLellan, Partner, MacLellan Associates
Mrs. Ellen E. Murphy, Commissioner of the Revenue
Mr. T. Roy Jennings, Commissioner of Revenue's Office/Real Estate Assessor
Mr. C. William Orndoff, Jr., Treasurer
Mr. Mark D. Lemasters, Mapping & Graphics Manager
U:UEMCOMNIOMMACLELLA. W PD
S09
i
163 '
VERNON B. UNGER, ET UX •
TO: :s 1: DEED •
MACLELLAN AGDOCIATF.S •
i,A 517 ,► i 509
THIS DEED made and dated this _NA_ day of ,
1950, by and between VE"ON a. UNGER and TRANCES A. UNGER, hi
wife, parties of the first parts and MaCLELLAN ASSOCIATES, a i
Partnership, with John F. MacLellan, Randolph M. Jackson, Thomas
C. Apostle and North Mountain Properties, Inc., a Virginia
Corporation, Partners, party of the second part.
WITNESSETH: That for and in consideration of the
sum of Ten ($10.00) Dollars, and other good and valuable
consideration, receipt of which is hereby acknowledged, the j
said parties of the first part do h: Eby grant and convey, i
with general warranty of title, unto the said party of the second '
part, in fee simple, all of those certain tracts or parcels of
land, together with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate on the Sout`:western ,
Boundary Line of U. S. Route 522, at 8unnyside, in Gainesbor.
Magisterial District, Frederick County, Virginia, designated as
Tract 1, Tract 2 and Tract 3 on that certain plat and survey
dated September 26, 1979, prepared by Lee A. Ebert, C.L.B., hereto
attached and by this reference made a part of this Dead, and being
more particularly described aas
TRACT 1 - beginning at the inter-
sect 0n —07 the Southern boundary Line
of Route 522 with the Eastern boundary
Line of Routs 1316, running with the
said Southern boundary Line 8 57. 05'
E - 142.65 ft. to a railroad spike
corner to Tract 21 thence with the
two following Lines of the said Land
8 32. 21' N - 121.34 ft. to an iron
pint thence 8 57. 39' E - 25.0 ft. to
an axle (found) corner to Lot li
thence with the. Western Line of the
said Lot 8 32. 21' W - 75.0 ft. to
an axle (found) corner to the said
Lot 1, Lot 2 and Lot 10i thence with
the Northern Line of the said Lot
10 - N 57. 39' N - 175.0 ft. to an
iron pin in the Eastern boundary Line
Of Wute :3141 thence with the two
following boundary Lines H 32. 21'
E - 157.57 ft.t thence N 68• 12,
56' E - 12.56 ft. to the beginning,
containing 31,394 Sq. Ft.,
sv 50 ma 510
TRACT 2 - Mginninq at a railroad
spire -in -The Southern boundary Line
of Rt. $22, a cor=er to Tract 1,
running with the said boundary Line ,
S 57. OS' 6 - 100.0 ft. to a railroad
spike corner to Tract )t thence with
thr, Western Line of the said Land S
31. 21' W - 120.75 ft. to an iron pin
in the Northern Line of Lot It thence
with the said Line, and continuing
with the Northern Line of Tract 1 -
X 570 39' W - 100.00 ft. to an iron
pin corner to Tract It thence with
the U stern Line of the said Land M
72. 21' C - 121.11 ft. to the beginning,
containing 12,085 Sq. Ft.t
TRACT ) - beginning at the inter-
secono the Southern boundary Line
of Rt. 522 with the Western boundary
Line of Routs 1315, running with the
two following boundary Lines of Routs
1115 - S OS' 12' 25' 1 - 12.Si ft-1
thence S 72. 21' W - 109.41 ft. to
- an iron pin comer to Lot 1t thanct -- --- - with the Northern Lin* of the said
Land M 570 39' W - 100.0 ft. to an
iron pin corner to :'rant 21 thence
with the !astern Line of the said
Land W 32. 21' 1 - 120.75 ft. to a
railroad spike in the Southern boundary ,
Line of Rt. 5221 thence with the said
Line S 570 05' t - 92.75 ft. to the
beginning, containing 11,947 Sq. Ft.t
ant! belAq the sane property conveyed to the said parties of the
first patt by Deed :t Winchester outdoor Advertising Corporatiom
dated Deptettsbsr 24, 1954, of record in the C1*rk'11 Office of the
Cirveit Court of Frederick County, Virginia, in Deed book 203,
Fa" 192# a.,d a part of the sue paoperty conveyed to the said
pasties of the first part by Deed of Winchester Outdoor AdvertiaLsH
Corpocatios dated f -toper 20. 1951, of r*oord in the aforesaid
Clark'a Off Los in Dead book 233, tags 297, to which deed and
plat and the refereno*e tow :in, refereewe is Aare made for
a nose particular deocription of the said property.
This conveyance is me" subject to the duly recorded
sad safecoeable restrictions, easeneats and rights of wAy,
it my, affecting title to the said property.
6nan� e.nss
aThe said parties of the first part covenant that they
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1
1
11
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t gammae.....
.a...
511
50 r.i 511
wave the right to convey the said property to the said party of
the second parts that the said party of the second part shall have
quiet and peaceable possession to said property, free from all I
liens and encumbrances, except as hereirabove statedi and the
said parties of the first part will execute such further I
assurances of title as may be requisite.
I
WITMZSS the following sithatures and seals the
date first above written' i
�a✓.
sTATB or VIRGINIA,
/COUNTY or t
, �O-wits I
I,
JL �� a Notary Public
of and for tl►e
and state aforesaid, do hereby
i
certify that Vernon s. UO.,or and Prances A. Unger, his wife,
whose names are signed to the foregoing writing, bearing
data the �day of - 1"0, have
/
personally appeared befo me and lydgod sash.
my commission expires .7 yo
�r
Oiwa wader sry head this day of C �
1
O
ry Publ 1< J#'YIB... I
t
I
512
sl% 517 nu 512
R T. 1314 — H I C KO RY ST. R/ W
N 3 2' 21' !E - 187. S7'
N68 12' I
12.56'
;n
a
N �
1 tTp�e► � tTOR� �
['UCCO D�l[x
V)
TRACT I 8 j
Ig 31.394 5Q. FT. N
S3Z 2 VW - 121. 3,V 1
!' V-7S. Or,/I 1 trORt Low
Lt d tar i I }�-LLJ
FoLoo
wr 3 TRACT_ _2 :D
o 0 7 eo y E_ ^ 12.085 2 WNac
SQ. FT o—
�►� Z N 32' 2 '�,i1- Vj
_v
LOT •
v o
wr •
O � r—
%lt � � 3
O j n U ~ N
Z ~ owSOS'12'2!5/
wow .-� 5�2'21'Wi02.44'
OAK ST. — 50' R/W
AMMENDMENT TO : R T 1315
J. P. DAR L I NGTON SUBDV.
US. ROUTE 522
GAINESBORO DISTRICT.
FREDERICK COUNTY, VA.
50 as 50
The -.-•,ernnyinq I'let - 1�YF.tiDNFti: "0� J. 1`. .Y..^•LIt:GTC�K Si'3J\"-..;IC'- -
is a survey of the Nreraining iortions Of
loco �, It. C e D and Lot C
9 - Flock -
n. l.nd 'a all of the Lan
nd covcycd to `e rnon
71.
J. f. Darllnnton ,ubdivioio
Unger and Francis L;nger by or-ed date-d ?4 Sertcnhrr lgf.4 In Dccd )tr 305
1'age 145 and the :tnaininl iortion (Ic'R that '.or'chern OrtIOM 0eenV)oC 302
' convoyed to the Corr.. of \'a. +y DceA dated 14 fctsrur Y
vern�i r.,. Fr."n-%-I .1. L'n7cr b}'
IQ. 461) of the Lend convcird to , 97. .:}ye raid :m;:roved
Deed dat06 2(% CCtobcr 1954 in :,eed Doak 233 1a hut: 5^2, ac Sunnyr•icc.
Land fronts the .,outhwestern roundary Line of
and lies in Gainesboro Diotrict. Frederick county, virr;inia,
• TACT - 31,394 Sq. Ft-' Doginning At tiie intersection of C . ;Outhern
poundary Lino of Route 522 with the Eastern Pnw',dnry Line of .=cute 1314.
running with the SAWSouthern Doundary Line 5 570 05' E _ 142.65 [t. to a
railroad spike corner to Tract 21 thence with the two folloviny Linee of the
said Iand S 32° 21' M - 121.34 ft. to an iron Pint thence 570 "' S -
25.0 ftLie
. to an axle (found) corner to Lot I cl,cnci with
�)c�nrnerttonehcrr,fd
of the said Iot S 320 21' u - 75.E ft' to an Axle (-
Inc 2 nod ] ,e tn1 thence with the t:orthern :.ina of tho •said tot 10
Lot 1 rn Oo,�ndary Lino cf
-
K 57° 39' x - 1Ti.0 f to an iron Pin in the F.nr.te
Route 1314, therot with the two follminq :+oundary Tine's " 3 1 E
2.56
187.57 ft.t tht-Ics X taro 12• SF- E - 1atta railroad rfitco�in the ;outherr.
TaNcr 2 - 12,085 ,iq. Ft., !*ginning
DOW-4'k y 1 ino of I(t. 57', a corder to "Tact 1, rul,ninq with the natA roundary
' 100.0 120.35ft. tonn
ft. to a railroad cpi%ce c°rntTract.
tl
Lino S 570 OS' iron trrn 1•inc of thl Laid Land 32° 21'
with the Mter of Loc 11 chrncc with the card Lino, and continuing
pin in the l+orthnrn Lino
with the Northern Line of Trace 1 - 1: S7° 39' a - 100.0 (t. co an iron I•in
ti
eornor to Tact 11 tAnnce with the ))&acorn Lino of the sail and :: 32° 21'
• 121.34 ft. to the bM inning.
TK\Cr 3 - ll.n47 Ski. p' •' DeginninO at the intine of
to the southern
joundary LI" of Rt. 522 with the Mertorn bounder) Line of Route 1:15, 1256running
with the two followin, boundary Line *of louts 1315 - 5 OS° 11. 25- ti - 1?.56
thence
3 ]?° 21' M - 100.48 ft. co nn iron Plu comer Ot(tLo�o an thence
with the %orthrrn r•ine Ci the said S7 39•
pin corner to Tract 21 thence with the Ear -tam Lino of /
the said land K 320 ?1- S - 120.15 ft. tr a railroadhs c ?� iy N•,
in the Southern noundary Line Of Rt. 5?71 thencFe y lt` CURT
��I,
•:
acid Line S 570 05' :: - 92.35 ft. to the beginning. 4�,.. VLP- J.
surveyed - - September 26, 1979 ♦ t
VAGINA MEDERICx COU' . sat
mooed b man 1}>rs
This 1aMr4awI d r>W 19T_. &I
j coo so a adackaoal of "Coto
woos
ad.in.d to Tao oy Soc. 56.A.1 d
&ad 5334 ha.. be" P&4 d asa.uabia.
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CUE.I_VTY of FREDERICK
June 13, 1988
MacLellan Associates
c/o Thomas H. Rockwood
P. 0. Box 692
Winchester, VA 22601
Dear Mr. Rockwood:
Departments of Planning and Building
703/665-5650
This letter is to confirm the Frederick County Board of Supervisors' action at
their meeting of June 8, 1988:
Approval of Rezoning Request #012-88 of MacLellan Associates to rezone 1.27 acres
from RP (Residential Performance) to B-2 (Business General). This property is
located on Route 522 North between Oak and Hickory Streets, in the Gainesboro
Magisterial District.
If you have any questions regarding your rezoning, please do not hesitate to call
this office.
Sincerely,
C .
Robert W. Watkins
Planning Director
RWW/dkg
cc: Esten Rudolph, Commissioner of Revenue
Roy Jennings, Commissioner of Revenue's Office
George Whitacre, Clerk of Circuit Court
William Orndoff, Treasurer
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
L �
AWICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No. 0/a7 — g
Application Date Jr-La-B
Fee Paid 4 101. ZZ
Submittal Deadline is
For the Meeting of
1. The applicant is the owner XX other (check one)
2. OWNER OCCUPANT: (if other than owner)
NAME: MacLellan Associates NAME: See Attached.
ADDRESS: P.O. Box 692, Winchester, VA ADDRESS:
TELEPHONE: 662-8317 TELEPHONE:
3. The property sought to be rezoned is located at (please give exact
directions) Rt. 522 North between Oak & Hickory Streets
See attached plat.
4. The property has a frontage of feet and a depth of
feet and consists of 1.27 acres. (Please be exact)
5. The property to be rezoned is owned by MacLellan Associates as
evidenced by deed from Vernon B. Unger, et ux. recorded in deed book
no. 517 on page 509 registry of the County of Frederick
6. This property is designated as parcel nos. C, D, 9 on tax map no.
53A in the Gainesboro Magisterial District.
PROPERTY IDENTIFICATION NO. ( 21-d fg,i t # pte.a6 e)
7. It is desired and requested that the property be rezoned from
RP to R2
8. It is proposed that the property will be put to the following use
9. It is proposed that the following buildings will be constructed
None proposed
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
NAME
1'
Markman,
Adolf &
Addr11145 Oak:Street, Winchester, VA 22601
Mary K.
Property ID# :
53AOO-002-OOOC-0000-00010
2•
Hockman,
Adolf &
Address11145 Oak: Street, Winchester, VA 22601
Mary K.
Property ID#:
53A00-002-OOOC-0000-00020
3•
Address:1132
Carter,
Alfred L. &
Hickory Street, Winchester, VA 22601
Natalie
B.
Property ID#
53A00-002-OOOC-0000-00100
4.
Address:
Michel,
Inc.
13537 Union Village Circle, Clifton, VA 22024
Property ID#:
53A00-002-OOOD-0000-OOA10
Page Two
Rezoning
17i
NAMR
5.
Patel, Girish &
Nitila G.
Address:
2 Triple Court, Gaithersburg, MD 20878
Property ID#:
53A00-A00-0000-0000-00010
6.
Address:
Farmers & Merchants
North Cameron Street Winchester VA 22601
National Bank
Property ID# :
53A00-A00-0000-0000-00040
7.
Address:
Whittaker, Carl C.
Bloomery Star Route Box 64 Winchester VA 22601
Property ID# :
& Edna M.
53A00-A00-0000-0000-0004A
8.
Address:
Lowe, Olon C. &
1156 Oak Street, Winchester, VA 22601
Frances E.
Property ID# :
53A00-002-000B-0000-000DO
9.
Address:
Property ID#:
10.
Address:
Property ID#:
11. Additional comments, if any See attached letter.
I (we), the undersigned, do, hereby respectfully make application
and petition the governing body to amend the zoning ordinance and
to change the zoning map of the County of Frederick, Virginia, with
the above facts as support of this application . . .
Signature of Owner:
Signature of Applicant:
Thomas H. Rockwood, Counsel for MacLellan Associates
Complete Mailing Address: P. 0. Box 692, Winchester, VA 22601
Telephone Number:
662-8317
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) &-B 88
Approval Denial COUNTY ADMIN. (signed) r
J
.512
,r
R T.
BOOK W PAGE 5t2
1314 — HICKORY ' ST. - 50' R/W
N320 21' E..- 187.57' •�•
N68°12'56"E
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0 31,394 SQ.FT. N
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g I S32.21'W- 121.34'
L •``Ir0N PIN
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SZ2'21'W-75.00' o I stony LOT c CL
—/ O — B LZ�C K Q LOT a `". �
AXLE "IDIrla c1q
FOUND
oUNTRACT 2 Q �a
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ti o 12, 085 0 �'"'�
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J 0 C� �° �� ¢a G SQ. FT. - O
m p .
AMENDMENT TO:
N 32° 2 1' E-120.35' i- vi
0_ LOT 9 rn :FlrcE Vl—
V O LOT A
O '
-i C'1 < y p) 0) m`3
� S05012'25'E-_
moN PIN S32'21'W-109.48'
OAK ST. — 50' R/ W
RT. 1315
J. P. DAR LI NGTON SUBDV.
U. S. ROUTE 522
GAINESBORO DISTRICT,
FREDERICK COUNTY, VA.
REZONING REQUEST #012-88
MacLellan Associates
Rezone 1.27 acres
from RP (Residential Performance)
to B-2 (Business General)
LOCATION: Route 522 North between Oak and Hickory Streets
MAGISTERIAL DISTRICT: Gainesboro
ADJACENT LAND USE AND ZONING: Dwellings zoned RP (Residential Performance), and
auto sales and other businesses zoned B-2 (Business General)
PROPOSED USE AND IMPROVEMENTS: B-2 uses
REVIEW EVALUATIONS:
Transportation Department - No objection to the proposed rezoning request.
However, we are unable to determine if the criteria for a commercial entrance
permit can be met by the information provided should this land be developed.
Sanitation Authority - Water and sewer available.
Round Hill Fire Company - No comment.
Planning and Zoning - The following issues should be considered:
Location: The site is located in a developed area on an arterial highway.
An existing site, zoned B-2, is adjacent. Other B-2 sites are across Route
522.
Impacts: Some impacts on adjoining residential areas may be expected. It
will probably not have traffic impacts on the residential area. The site is
a corner lot with good potential access. The adjacent auto sales business is
zoned B-2.
STAFF RECOMMENDATIONS: Approval.
PLANNING COMMISSION RECOMMENDATIONS OF 6/1/88: Unanimous approval, with Mrs.
Copenhaver abstaining.
8 /44C z—, -aA - Rfcwv1,r& - *oi z
A2 A
RP
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CITY OF /
� WMCNESTER CITY OF
/• / / WINCHEST,ER
IP
20
APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No. 0/0? — $ Submittal Deadline is
Application Date For the Meeting of
Fee Paid 4 101• Z7
1. The applicant is the owner XX other (check one)
2. OWNER OCCUPANT: (if other than owner)
NAME: MacLellan Associates NAME: See Attached.
ADDRESS: P.O. Box 692, Winchester, VA ADDRESS:
TELEPHONE: 662-8317 TELEPHONE:
3. The property sought to be rezoned is located at (please give exact
directions) Rt. 522 North between Oak & Hickory Streets
See attached plat.
4. The property has a frontage of feet and a depth of
feet and consists of 1.27 acres. (Please be exact)
5. The property to be rezoned is owned by MacLellan Associates as
evidenced by deed from Vernon B. Unger, et ux. recorded in deed book
no. 517 on page 509 registry of the County of Frederick
6. This property is designated as parcel nos. C, D, 9 on tax map no.
53A in the Gainesboro Magisterial District.
PROPERTY IDENTIFICATION NO. (21-digit M ptease)
7. It is desired and requested that the property be rezoned from
RP to B2
8. It is proposed that the property will be put to the following use
9. It is proposed that the following buildings will be constructed
None proposed
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
NAME.
1' Markman,
Adolf &
A11145 Oak Street, Winchester, VA 22601
Mary K.
Property ID#:
-0000-00010
2' Hockman,
Adolf &
Mary K.
11145 Oak Street, Winchester, VA 22601
Proppertyy ID#:
53A00-002-OOOC-0000-00020
3.
Address:
Carter,
Alfred L. &
1132 Hickory Street, Winchester, VA 22601
Natal ie
B.
Property ID#
53A00-002-OOOC-0000-00100
4.
Address:
Michel,
Inc.
13537 Union Village Circle, Clifton, VA 22024
Property ID#:
53A00-002-GOOD-0000-OOA10
•
•
Page Two
Rezoning
NAME
5.
Patel, Girish &
Address:
2Triple Crown Court, Gaithersburg, MD 20878
Nitila G.
Property ID#:
53A00-A00-0000-0000-0001
6.
Address:
Farmers & Merchants
North Cameron Street Winchester VA 22601
National Bank
Property ID#:
53AOO-A00-0000-0000-00040
7.
Address:
Whittaker, Carl C.
Bloomery Star Route, 0 4 Winchester.
Property ID#:
& Edna M.
53A00-AOO-0000-0000-0004A
8.
Address:
Lowe, Olon C. &
1156 Oak Street Winchester VA 22601
Frances E.
Property ID#:
53A00-002-OOOB-0000-000DO
9.
Address:
Property ID#:
10.
Address:
Property ID#:
11. Additional comments, if any See attached letter.
I (we), the undersigned, do hereby respectfully make application
and petition the governing body to amend the zoning ordinance and
to change the zoning map of the County of Frederick, Virginia, with
the above facts as support of this application . . .
Signature of Owner: Mac Asso tes
By: r�
Signature of Applicant:
o n ain roper ies Partner
Thomas H. Rockwood, Counsel for MacLellan Associates
Complete Mailing Address: P. 0. Box 692, Winchester, VA 22601
Telephone Number: 662-8317
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
DApproval 17 Denial COUNTY ADMIN. (signed)
Names and addresses of occupants located on Tract 1:
David & Sherry Pennington
1150 Hickory Street, Apt. 1
Winchester, VA 22601
James S. Hott & Emma J. Hahn
1148 Hickory Street, Apt. 2
Winchester, VA 22601
Kirby & Johanna Place
1146 Hickory Street, Apt. 3
Winchester, VA 22601
Robert Lederhouse
1144 Hickory Street, Apt. 4
Winchester, VA 22601
SNARR, MCCANDLISH & ROCKWOOD
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA 22601
GEORGE G.SNARR
CHARLES S.MCCANDLISH
THOMAS H.ROCKWOOD
Mr. Robert W. Watkins,
County of Frederick
Department of Planning
9 Court Square
Winchester, VA 22601
42 SOUTH CAMERON STREET
P. 0. BOX 3177
May 6, 1988
Planning Director
and Building
RE: Application of MacLellan Associates
for Rezoning of Property on Rt. 522 North
Dear Mr. Watkins:
AREA CODE 703
TELEPHONE 667-0727
This letter is submitted as an attachment to paragraph eight
(8) of the Application for Rezoning submitted today by
MacLellan Associates.
The applicant is currently planning to sell Tracts 1, 2 and
3 shown on the plat attached to this application for
rezoning. The property adjoining these parcels along Rt.
522 and the property across Rt. 522 from the subject
property is already zoned B2. The applicant feels that the
property's highest and best use is as commercial property
and that the remaining parcels zoned RP should be rezoned to
B2 to facilitate its sale and best development.
Currently, Tract 1 is improved by two (2) duplex apartment
units as shown on the plat. Although the applicant plans no
changes in the current use until sale of the property, the
purchaser will presumably want to be able to use the
property for any permitted use in the B2 category.
Very truly yours,
Thomas H. Rockwood
THR/hp
•
512
0
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a
a
eooK 517 PACE 512
R T. 1314 - HICKORY • ST. - 50' R/ W
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AMENDMENT TO:
RT. 1315
J. P. DAR LI NGTON SUBDV.
U.S. ROUTE 522
GAINESBORO DISTRICT,
FREDERICK COUNTY, VA. ,'• Y' ,'
NJ•.
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
May 25, 1988
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: MacLellan Associates
Rezoning Application #012-88 To: Rezone 1.27 acres from RP (Residential
Performance) to B-2 (Business General). This property is located on Route 522
North between Oak and Hickory Streets, in the Gainesboro Magisterial District.
This rezoning application will be considered by the Frederick County Board of
Supervisors at their meeting of June 8, 1988, at 7:15 p.m., in the Board of
Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square,
Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify that the ifached correspondence was maile0o the following on
May 25, 1988 from the Department of Planning and Development, Frederick County,
Virginia:
MacLellan Associates
P.O. Box 692
Winchester, VA 22601
Hockman, Adolf and Mary K.
1145 Oak Street
Winchester, VA 22601
Carter, Alfred L. and Natalie B.
1132 Hickory St.
Winchester, VA 22601
Michel, Inc.
13537 Union Village Circle
Clifton, VA 22024
Patel, Girish and Nitila G.
2 Triple Crown Court
Gaithersburg, MD 20870
Farmers and Merchants National Bank
115 N. Cameron St.
Winchester, VA 22601
Whittaker, Carl C. & Edna M.
Bloomery Star Route, Box 64
Winchester, VA 22601
Lowe, Olon C. & Frances E.
1156 Oak Street
Winchester, VA 22601
R. er . Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, K. C a te,� /f , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated /�'(v.y �� `9 $ 8 , has personally appeared before me and
r
acknowledged the same in my state and county foresaid.
Given under my hand this 5'-f/i day of 'X40 V , 1988.
My commission expires on 9W')
NOTARY PUBLIC
COUNTY of FREDERICK
May 18, 1988
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of:
MacLellan Associates
Departments of Planning and Building
703/665-5650
Rezoning Application #012-88 To: Rezone 1.27 acres from RP (Residential
Performance) to B-2 (Business General).. This property is located on Route 522
North between Oak and Hickory Streets, in the Gainesboro Magisterial District.
This rezoning application will be considered by the Frederick County Planning
Commission at their meeting of June 1, 1988, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square,
Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this
meeting.
Sincerely,
i
Robert W. Watkins
Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify that the Oached correspondence was maile0o the following on
May 18, 1988 from the Department of Planning and Development, Frederick County,
Virginia:
MacLellan Associates
P.O. Box 692
Winchester, VA 22601
Hockman, Adolf and Mary K.
1145 Oak Street
Winchester, VA 22601
Carter, Alfred L. and Natalie B.
1132 Hickory St.
Winchester, VA 22601
Michel, Inc.
13537 Union Village Circle
Clifton, VA 22024
Patel, Girish and Nitila G.
2 Triple Crown Court
Gaithersburg, MD 20870
Farmers and Merchants National Bank
115 N. Cameron St.
L'
Winchester, VA 22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
Whittaker, Carl C. & Edna M.
Bloomery Star Route, Box 64
Winchester, VA 22601
Lowe, Olon C. & Frances E.
1156 Oak Street
Winchester, VA 22601
RobbA W. Wat%ins,'Director
Frederick County Dept. of Planning
I, .--Dic we_ K. Gav-,U U , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated flay (� jq g , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this I% j-L,,, day of hL a_� , 1988.
My commission expires on "Se r,1-e�11�1-, .113 /q� 9
NOTARY PUBLIC
0 1 . 0
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
M E M O R A N D U M
TO:
VA. Dept. of Transportation
, ATTN:
Mr.
William H. Bushman
Sanitation Authority
, ATTN:
Mr.
Wellington H. Jones
City of Winchester, Planning Dept.
, ATTN:
Mr.
Tim Youmans
Round Hill Fire Company
, ATTN:
Mr.
Tim Welch
Planning and Zoning Department
, ATTN:
Mr.
Stephen M. Gyurisin
. ATTN:
FROM: Robert W. Watkins, Director DATE: May 12, 1988
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Subdivision Master Development Plan X Rezoning
We are reviewing the enclosed request by MacLellan Associates
or their representative, Thomas H. Rockwood 662-8317
Will you please review the attached and return your comments to me as soon as
possible.
-----------------------------------------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Signature Date
9
9 Court Square
P.O. Box 601
Winchester, Virginia
22601
COUNTY of FREDERICK
Departments of Planning and Building
RET F MM'T S 703/665-5650
Uta�AWWLAIMth
�_TO: Wellington Jones, t—
Frederick County Sty
The Old Frederick e Located on the
P.O. Box 618 second floor of
Winchester, Virginthe Old Frederick
(703) 665-5690 Count Courthouse
FROM: Robert W. Watkins, Planning Director, DATE:
SUBJECT: Review Comments for Conditional Use Permit Rezoning
Subdivision Site Plan
Master Development Plan
Please review this request for a Rezoning RP to B2
located at U. S. Rt. 522, between Oak & Hickory Streets (tracts 1-3 on plat)
Proposed building and improvements: None other than Pxist.in9 structiirPs
shown on plat.
This comment sheet must be returned to the Frederick County Department
of Planning and Development, or the applicant, by �j-�-88
for the meeting of [-0- t - 8ICEI-1
Sanitation Authority Comments:
Vy,4 T�'R .¢N4 5.�'WER �i4r �'l�.¢/L,�BLE •
Sanitation Signature:zlo_q A4_=�
Applicant's Name:
Address:
Phone Number:
MacLellan Associates
c/o North Moiint.ain Propert.ie,, Inc-
P. 0. Box 692, Winchester, VA 22601
662-8317
D a t e.
NOTICE TO APPLICANT: It is your responsibility to contact the
Frederick County Sanitation Authority for comments on your
project and to return all comments as part of your application
before or on the submittal deadline date.
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AM MENDM ENT TO
J. P. DAR L I NGTON SUBDV.
U. S. ROUTE 522
GAINEJBORO DISTRICT
FREDERICK COUNTY, VA.
OAK ST. — 50R/ W
RT. 1315
ram,
•
•
REQUEST FOR COMMENTS
TO: Mr. William H. Bushman
Resident Engineer
VA. Dept. of Transportation
P.O. Box 278
Edinburg, Virginia 22824-0278
(703) 9 84 -4 13 3
COUNTY of FREDERICE
Departments of Planning and Building
703/665-565(
Local Office:
1550 Commerce Street
Winchester, VA. 22601
(703) 662-8876
FROM: Robert W. Watkins, Planning Director DATE:
SUBJECT: Review Comments for Conditional Use Permit
Subdivision
Master Development Plan
UMI
Rezoning
Site Plan
Please review this request for a Rezoning RP to B2
located at U.S. Route 522, between Oak & Hickory Streets tracts 1-3 on lat .
Proposed building and improvements: None other than existing s ruc ures
shown on plat.
This comment sheet must be returned to the Frederick County Department
of Planning and Development, or the applicant, byTj
for the meeting of co
VDOT Comments:
No objection to the proposed rezoning request. However, we are unable to
determine if the criteria for a commercial entrance permit can be met y t e
information provided should this land be developed.
VDH&T Signature: G/Date: C
Applicant's Name: MacLellan Associates
Address: c/o North Mountain Properties, Inc.
P. 0. Box 692, Winchester, VA 2260
Phone Number: 662-8317
NOTICE TO APPLICANT: It is your responsibility to contact the
Virginia Department of Transportation for comments on your
project and to return all comments as part of your application
before or on the submittal deadline date.
9 Conrt Square - P.O. Box 601 - Winchester. Vireinia - 22601
FREDERICK COUNTY, VA. 1987 REAL ESTATE - FIRST HALF
nTCTDTrT _ n,
ODE- _ n n 2 _ _ -j r, n r _ n
VALUE
IIcRtr No.
RATE
15903
TAX
A N'T C BC
27 750
.55
152.63
AN -
,
IMPROV*- 43,500
nFFER._
TAX VAL.- 55,500
1�
COHNTY 1�1-1r-H::;r.���
MACLELLAN ASSOCIATES FE[)LRK:KC _;
C
P. o. a3X 3295
WINCHESTER, VA.
22601
-w
tT&AL TAX DUE
PENALTY
INTEREST
TOTAL DUE
L
DATE DUE J U N E 5. 1987
TREASURER, FREDERICK COUNTY
FREDERICK COUNTY, VA. 1987 REAL ESTATE - SECJNO HALF
DISTRICT - 7
CODE- Z n _ 7_ -'^ - 1 -
L
DATE DUE J U N E 5. 1987
TREASURER, FREDERICK COUNTY
FREDERICK COUNTY, VA. 1987 REAL ESTATE - SECJNO HALF
DISTRICT - 7
CODE- Z n _ 7_ -'^ - 1 -
VALUE
+ wnF- I Mi.
RATE j
1 7 ItJ
TAX
J. P. DARLINiTON LC 3C
27,750
.55
152.62
LAND - 12,003
IMPROV.- 43,503
DEFER. -
�'..
TAX VA-.- 55,50.1
F—MACLELLAN ASSOCIATES TOTAL TAX DUE
P. 0. B O X 3295 PENALTY
WINCHESTER, VA. INTEREST
22601
TOTAL DUE
L
DATE DUE J E C• 5, 1987
TREASURER, FREDERICK COUNTY
FREDERICK COUNTY, VA. 1987 REAL ESTATE - FIRST HALF
DISTRICT - 2 TICKET NO. 15904
CODE- n n - ? - r - - ci
VALUE
RATE
TAX
J. P. DARLINGTON LD BC
0
.55
20.63
00
LAND - 7,500
t.l
IMPROV.-
EF R. -
IIItt1
TAX VAL.- 7,500
COUN IX I
F M A C L E L L A N ASSOCIATES REDER�C TOTAL TAX DUE
P. 0. BOX 3295 PENALTY
WINCHESTER, VA. INTEREST
776si11 I
•
FREDERICK COUNTY, VA. 1987 REAL ESTATE - SECOND HALF
nTtTRTCT - 7 TICKET NO. 159J4
CODE- - - - - - 3 2 - -rl
VALUE
TE
TAX
J. P. )ARLINGTOw L) 3C
3 <r k0
20062
LAND - 7,500
IMPROV.-
DEFER.
TAX VAL.- 7,503
A
�
I.MACLELLAN ASSOCIATES
P. 0. BOX 3295
WINCHESTER, VA.
L
FREDERICK COUNTY, VA.
nT CTDT PT - '7
i
22601
HTAL TAX DUE
PENALTY
INTEREST
TOTAL DUE
DATE DUE )EC. 59 1987
TREASURER, FREDERICK COUNTY
1987 REAL ESTATE - FIRST HALF
TICKET NO. 1 5 9 0 S
CODE- ^ - -
DATE DUE )EC. 59 1987
TREASURER, FREDERICK COUNTY
1987 REAL ESTATE - FIRST HALF
TICKET NO. 1 5 9 0 S
CODE- ^ - -
VALUE
RATE
TAX
J. P. JARLINGTON L9 BC
3,750
.55
20.63
AND - 7,533
PR -
DEFER -
`
TAX VAL.- 7,500
MACLELLAN ASSOCIATES
P. O. BOX 3295
WINCHESTER, VA.
FREDERICK COUNTY, VA.
DISTRICT - 2
coU -r,-�
fRED - R iC ;t
22601
: �YQTAE TI►�'VV�
PENALTY
INTEREST
TOTAL DUE
DATE DUE J U N E 5, 1987
TREASURER, FREDERICK COUNTY
1987 REAL ESTATE - SECOND HALF
TICKET NO. 15935
CODE- �' - ,. - - - - -
DATE DUE J U N E 5, 1987
TREASURER, FREDERICK COUNTY
1987 REAL ESTATE - SECOND HALF
TICKET NO. 15935
CODE- �' - ,. - - - - -
VALUE
TAX
J. P. DARLINGTON L? 5C
3,750
20.62
NK
LAND -7,500
JRAT�'
IMPROV.-DEFER.TAX
VAL.- 7,503
FIACLELLAN ASSOCIATES
D. D. 30X 3295
WINCHESTER, VA.
TOTAL TAX DUE
PENALTY
INTEREST
509
- --- .-.._.._________......_...Y--•-ic-�c-�ryr�c-�x-�t-�t-x ••�ric-*•irk-�•��,a-aN*-�,..�.-.b
,. #43
VERNON•B. UNGER, ET UX
TO: DEED
9 II MACLELLAN ADDOCIATES
A
LAItUANT. AND[ii[90N.
LAautctt. �novse
& CHUMP
AT[O"XYM AZ LAM
306K 517 OU Jr' U9
THIS DEED made and dated this 3cd day of
1980, by and between VERNON B. UNGER and FRANCES A. UNGER, hi
wife, parties of the first part; and MacLELLAN ASSOCIATES, a
Partnership, with John F. MacLellan, Randolph M. Jackson, Thomas
C. Apostle and North Mountain Properties, Inc., a Virginia
Corporation, Partners, party of the second part.
WITNESSETH: That for and in consideration of the
sum of Ten ($10.00) Dollars, and other good and valuable
consideration, receipt of which is hereby acknowledged, the
said parties of the first part do hereby grant and convey,
with general warranty of title, unto the said party of the second
part, in fee simple, all of those certain tracts or parcels of
land, together with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate on the Southwestern
Boundary Line of U. S. Route 522, at Sunnyside, in Gainesboro
Magisterial District, Frederick County, Virginia, designated as
Tract 1,.Tract 2 and Tract 3 on that certain plat and survey
dated September 26, 1979, prepared by Lee A. Ebert, C.L.S., hereto
attached and by this reference made a part of this Deed, and being
more particularly described as:
TRACT 1 - Beginning at the inter-
section of the Southern Boundary Line
of Route 522 with the Eastern Boundary
Line of Route 1314, running with the
said Southern Boundary Line S 57° 05'
E - 142.65 ft. to a railroad spike
corner to Tract 2; thence with the
two following Lines of the said Land
S 320 21' W - 121.34 ft. to an iron
pin; thence S 57° 39' E - 25.0 ft. to
an axle (found) corner to Lot 1;
thence with the Western Line of the
said Lot S 320 21' W - 75.0 ft. to
an axle (found) corner to the said
Lot 1, Lot 2 and Lot 10; thence with
the Northern Line of the said Lot
10 - N 570 39' W - 175.0 ft. to an
iron pin in the.Eastern Boundary Line
of Route 1314; thence with the two
following Boundary Lines N 32° 21'
E - 187.57 ft.; thence N 68° 12'
56".E - 12.56 ft. to the beginning,
containing 31,394 Sq. Ft.;
Adak Adik
4
BOCK 5 V -PACE 50
TRACT 2 - Beginning at a railroad
spi e in the Southern Boundary Line
of Rt. 522, a corner to Tract 1,
running with the said Boundary Line
S 570 05' E - 100.0 ft. to a railroad
spike corner to Tract 3; thence with
the Western Line of the said Land S
320 .21' W - 120.35 ft. to an iron pin
in the Northern Line of Lot 1; thence
with the said Line, and continuing
with the Northern Line of Tract 1 -
N 570 39' W - 100.00 ft. to an iron
pin corner to Tract 1; thence with
the Eastern Line of the said Land N
320 21' E - 121.34 ft. to the beginning,
containing 12,085 Sq. Ft.;
TRACT 3 - Beginning at the inter-
sectio� n o� the Southern Boundary Line
of Rt. 522 with the Western Boundary
Line of.Route 1315, running with the
two following Boundary Lines of Route
1315 - S 050 12' 25" E - 12.56 ft.;
thence S 320 21' W - 109.48 ft. to
an iron pin corner to.Lot 1; thence
with the Northern Line of the said
Land N 570 39' W - 100.0 ft. to an
iron pin corner to Tract 2; thence
with the Eastern Line of the said
Land N 321 21' E - 120.35 ft. to a
railroad spike in the Southern Boundary
Line of Rt. 522; thence with the said
Line S 57° 05' E - 92.35 ft. to the
beginning, containing 11,947 Sq. Ft.;
land being the same property conveyed to the said parties of the
first part by Deed of Winchester Outdoor Advertising Corporation
dated September 24, 1964, of record in the Clerk's Office of the
IlCircuit Court of Frederick County, Virginia, in Deed Book 305,
Page 143, and a part of the same property conveyed to the said
parties of the first part by Deed of Winchester Outdoor Advertis
IlCorporation dated October 20, 1954, of record in the aforesaid
Clerk's Office in Deed Book 233, Page 397, to which deed and
plat and the references therein, reference is here made for
a more particular description of the said property.
This conveyance is made subject to the duly recorded
and enforceable restrictions, easements and rights of way,
LAROSMT. A.NOEnSON. if any, affecting title to the said property.
LAnnlcm GROVES
& CRUMP The said parties of the first part covenant that they
ATT0"XT4 AT l.AW
WTNCKK.TXN. VIZOINIA
2
i
LAItGHNT. ANI)1{ItBON,
LARI.C1{. QIIOVH6
h CHUMI`
ATronNnrr AT LA`/
WINcn R.Tnw. VINGINLA
511
11
Boo 5 L7 oD E 51i
have the right to convey the said property to the said party of
the second part; that the said party of the second part shall have
quiet and peaceable possession to said property, free from all
liens and encumbrances, except as hereinabove stated; and the
said parties of the first part will execute such further
assurances of title as may be requisite.
WITNESS the following signatures and seals the
date first above written:
Z6_� (SEAL)
VERNON B. UNGER cll
%-�'tz t� r.l�c� �• lz�'� titJ (SEAL)
FRANCES A. UNGER
STATE OF VIRGINIA,
/COUNTY OF �/L(1 (l ' 1 ":to -wit:
I,
ALL-11'&o L l lieVZr a Notary Public
of and for the V and State aforesaid, do hereby
certify that Vernon B. U ger and Frances A. Unger, his wife,
whose names are signed to the foregoing writing, bearing
date the F-GL— day of _ A , 1980, have
personally appeared befo a me and ac nowledged same.
My commission expiresho
Given under my hand this day of ���,t•�`fl.` 1� 4 ��:�,�,
1980. ���'�•. .0
Notary Publi
- 3 -
_.,
t
t
• � 513
bocK 517 FbGE 513
The Accompanying plat - AMENDMENT TO' J. I'. DARLINGTON SUBDIVISION is a survey of the Remaining Portions of Lots.
t,andCconveycd toLot
V�rnonlB,k C -
J. P. Darlington Subdivision, And is all of the I,
Unger and Francr_s A. Unger by Deed dated 24 September 1964 in Deed P..00k 305
Page 145 and the Remaining? portion (I.,esB 'that I'cbruary 19��41in Deed Hook 302
conveyed to the Comm- of Vas by Deed elated 1
11g. 461) of the Land conveyed to Vernon B. t'nger and Frances A. Unger by
Deed dated 20 octobcr 1954 in Deed Hook 233 page 397. The raid Improved
Land fronts the Southwestern Boundary Line of 11. S-
Route 522, at Sunnys;ide,
and lies in Gainesboro District, Frederick County, Virginia'
TRACT 1 - 31,394 Sq. Ft.' Beginning at the intersection of the Southern
Boundary Line of Route 522 with the Eastern noundary Line of Route 1314,
running with the said Southern Boundary Line withStheot0o,fo1lowing6Lines of the
railroad spike corner to Tract 21 thence thence , 57° 39'.l; -
said Iand S 320 21' Yi - 12.1.34 ft., to an iron
pin;
ence with the t�le:�tcrn Line
25.0 ft. to an axle (found) corner to Lot 11 t
of the said I,ot S 320 21' W - 75.0 ft. to an axle (found) corner to the Faid
Lot 1, I,ot 2 and Lot 10i thence with the t-lorthcrn Line of the said Lot 10 -
N 570 39' W - 175.0 ft. to an iron pin in the Eastcrti Boundary I..inc' of
Route 13141 thenco with they two following 13oundjiry Lines N 32.0 21' 1: -
107.57 ft.1 thence N 630 12' 5G" E - 12.56 ft. to the beginning.
ilroad spikc in the 'southern
T121(.'T 2 - 12,085 5q. Ft.' teginning at a ra
Boundary Line of Itt. 522, a corner t;o Tract 1, running with the said >,oundary
Line S 57° 05' I: - 100.0 ft. to a railroad spike corner to'Tract: 31 t11011ce
wit}l thellestern Linc of the said Land S 32° 21' t�i - 1?_0.35 ft. to an iron
pin in the I-lorthern Line of Lot 11 thence wittl the 'did Line, and continuing
with the Northern Line of Tract 1 - N 570 39' tr 100.0ft. to ant:iron
32° 21pin t
corner to Tract li thence with the Eastern Lino ofsaid
121.34 ft. to the beginning.
I3
'cginninl at the intersection of t}1e Southern
1`iL1Cl' 3 - 11,947 Sq. Ft-'
Boundary Line of Rt. 522 with the Western L'oundary Line of Route 1315, running
With the two following Boundary Linesof ['.nuts 1315 - S 050 12' 25" t - 12.56
ft.; thence 3 320 2.1' W - 109.48 ft. to an iron pin corner to Lot 11 thence
with the Northern Line of the said Land N 570 39' W - 100.0 ft. to an iron
pin corner to Tract 21 thence with the Eastern Line of 1 �(C•;�
the said Land N 320 21' E - 120.35 ft. to a railroad spike
in the Southern Boundary Line of Rt. 5221 thence with theci LEE A. EBEfZT
said Line S 570 05' G - 92.35 ft. to the beginning.�ti;,�TEr:�.
Surveyed - - September 26, 1979
VIRGIN(A FREDLRICK COUNTY, SCT.
6i6
This instrument of riting was produced to me on the
1� �h day of
19�'_, at 1
and th ce7cord.
'�fe of acknowl t�ment thereto annexed was
admitted to Tax unpose by Sec. 58 d4.1 of
$ j �° sable.
and 53-54 have been paid, if asses
j Clerk
t