HomeMy WebLinkAbout003-95 Professional Mobile Homes - John Tauber - Stonewall - Backfile (2)REZONING CEIECKLIST
The application is not complete if the following are not present:
SUBMISSION PACKAGE
1. Comment sheets from the following agencies along with
any marked copies of the plan:
VDOT City of Winchester
Co. San. Auth. Co. Health Dept.
Inspection Dept. L� Parks & Recreation
Fire Marshal I. Airport Authority
County Attorney _� / Co. Engineer
2. Application Form 6. Taws paid statement
3. Location Map 7. Sign received
4. Survey 8. Fees paid
S. Deed 9. Impact statement
10. Proffer statement
4W jqq ! TRACKING
DATE J
( Application Received
Consultation held with Planning staff
Rezoning reviewed by Zoning Review Committee
Z 3 Adjoiner notifications mailed for PC public hearing
Rezoning heard by PC (Action APPr qh 04 )
3 Memo to BOS re: date for public hearing
I o Rezoning heard by BOS (Action
0 11 Ordinance of amendment with conditions proffered prepared for
County Administrator's signature
Zoning map amended
_ Rezoning records updated
nc4,c.�
(C L--::.rcd
6'c6 ool) - bhks
C-z'-w- io aAee t f bf - A;) w bo4h
C,ctw P)Je- KrI-S
RECEIPT
N2 024627
AMOUNT DUE
$ -A r— '-
AMOUNT
$ - r 6
.BALANCE DUE
j V
$ IJ
\ID BY
❑
CASH �y'� ,
1
��
CHECKt J
OTHER
FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601, 9 NORTH LOUDON ST.
WINCHESTER, VIRGINIA 22601
'Vffe . 11 b) K-- 7lo() ti {,J� DATE I l C �r
c1-,n �GubP.( 12-ez
RECEIVED FROM
ADDRESS
P�
i,
v
THE SUM OF r-
FOR
LAmt)CA� KO yU Kry�k ? in
f� Yi
60DOLLARS $
v
By
DA, '.'CRS REORDER No. 3221 - PrlmeO in USA
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
June 4, 2009
John Lewis, P.E.
Painter and Lewis, PLC
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
RE: MBC Property Rt. 7
P.I.N. 55-A-34
B-3 (Industrial Transition) Zoning District
Dear Jolu7:
This letter is a follow-up of our meeting on May 28, 2009, regarding American Amish Sheds located
on the above -referenced property. Research of Frederick County records indicates that this property
is subject to the proffers associated with Rezoning 003-95, approved by the Frederick County Board
of Supervisors on October 11, 1995. The proffers require that this property be used for manufactured
home model display and sales with associated sales office; no other uses are allowed on this
property. Therefore, the current use on the property is not permitted and is in violation of the
Frederick County Zoning Ordinance.
If you have any questions contact me at (540) 665-5651.
Sincerely,
�` r lieran L.
Zoning Administrator
MRC/bad
107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000
G iv6 �fS�
mp�
t
.J
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
October 12, 1995
Professional Mobile Home Brokers
Attn: Mr. John Tauber
P.O. Box 814
Stephens City, Virginia 22655
RE: REZONING #003-95 OF PROFESSIONAL MOBILE HOME BROKERS; P.I.N.55-
A-34
Dear Mr. Tauber:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting of October 11, 1995.
Your application for the rezoning of 2.1514 acres, from B2 (Business General) to B3 (Industrial
Transition) has been unanimously approved with the proffers submitted.
If you have any questions regarding the approval of this rezoning, please feel free to call this
office.
Sincerely,
Kris C. Tierney, AICP
Deputy Director
KCT/dc
cc: Ms. Mildred F. Cole
107 North Kent Street
Winchester, VA 22601
P.O. Box 601
Winchester, VA 22604
•
11
ACTION:
AMENDMENT
PLANNING COMMISSION: September 6, 1995
BOARD OF SUPERVISORS: October 11, 1995
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#003-95 of PROFESSIONAL MOBILE HOME BROKERS
WHEREAS, Rezoning Application #003-95 of Professional Mobile Home Brokers was
submitted to rezone 2.1514 acres, located on Berryville Pike (Route 7) East of Regency
Lakes Drive and designated with PIN 55-A-34 in the Stonewall Magisterial District, from
B2 (Business General) to B3 (Industrial Transition); and,
WHEREAS, the Frederick County Planning Commission held a public hearing on this
rezoning on September 6, 1995; and,
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October
11, 1995; and finds this rezoning to be in the best interest of the public health, safety,
welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise
the Zoning District Map to change 2.1514 acres, designated by PIN 55-A-34 from B2
(Business General) to B3 (Industrial Transition) as described by the application and plat
submitted, subject to the following conditions voluntarily proffered in writing by the
applicant and property owner:
•
0
This ordinance shall be in effect upon its passage.
Passed this 11 day of October, 1995.
Richard G. Dick ye
Chairman
W. Harrington Smith, Jr. Au e
Jimmie K. Ellington Av t _
James L. Longerbeam \y e
Charles W. Orndoff, Sr. By e Robert M. Sager N2
A Copy Attest
Jolin . Riley, Jr.'/
Frederick County Administrator
•
u
REZONING REQUEST PROFFER (revised)
Ms. Mildred F. Cole, owner
Mr. John Tauber, lessee
MANUFACTURED HOME MODEL DISPLAY AND SALES
Route 7 East - Berryville Pike - Stonewall District - Tax Parcel 55-A-34
Preliminary Matters
Pursuant to Section 15.1 - 491.1 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 # -95 for the rezoning of 2.1514 acres from B-2 Business
General Zoning District to the B-3 Industrial Transition 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 Virginia law. 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 or assigns.
General Development Plan and Uses
The development of the subject property and the submission of any Site
Development Plan will provide for a layout that incorporates the planned
improvements for structures, parking and commercial entrances as require by
Frederick County Zoning Ordinance site development standards. The rezoned
property shall not be subdivided.
The rezoned property shall be used for manufactured home model display
and sales with associated sales office.
Monetary Contribution of Development
The undersigned, who intends to lease the below described property to Mr.
John Tauber, hereby voluntarily proffers that if the Board of Supervisors for the
County of Frederick, Virginia approves the rezoning for the 2.1514 acre tract, more
or less lying on the south side of Route 7 (Berryville Pike) just east of the
intersq&1" h„rof. Regency Lakes Drive in the Stonewall Magisterial District of
Frederick Co'"� Py., Virginia from B-2 to B-3, the leassee will pay to the Greenwood
Volunteer Fire and Rescue Company, at the time a building permit is issued, the
sum of One Thous .nd three hundred thirteen dollars and eleven cents ($1,313.11)
for Fire,andrscue Emergency Services costs.
e`
0
PAGE
REZONING REQUEST PROFFER
Ms. Mildred F. Cole, owner
Mr. John Tauber, leassee
MANUFACTURED HOME MODEL DISPLAY AND SALES
Route 7 East - Berryville Pike • Stonewall District • Tax Parcel 55-A-34
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said rezoning and accepts
these conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectf e ,
By:
n Tauber, leassee
Date: C�'^ `/ 2
Owner:
Mildred F. Cole, owner
Date: (!�u - //1.
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this 11 th day of
August,1995,
b y__Mildre_d_F._ Cole _and _John —Tauber .
My Commission expires 5L)M .30 i c
Not y F blic
/NDIC6TF5
49,6,-9 To as R 6 20-1 / 0
Offices:
T
Fairlax.Va.
Rridaesvater.Va.
Leeshurg,Va.
Rockville.Md.
Panon Harris Rust & Assocsalel. pc V iroonia Reach.Va.
Er. . ,, Su-wvo.s.P%.w L.i..a.rioeArt1..ets Chantillv.Va.
107 he.o. Kr..t 5.e LSv 1OD PO. 0--1W Winchester.Va.
Ww r*, *. Vwg..—=fio1
721• 2.4721
CONL. rfON.
TF tio. 7
IBC-�7' o fE 1� - 4 - 37:.a� ��/w vvrini
40
5-/9/575
y/ v
y� /fix Px-,I- 34,9
v 0./,o95,w-
/25+� 1z rS.,DuE o F
DEED PRcL Z
N/p�/�:ZGE 5
�F,rtF
Live
73.8 t3
I `N'j
9s. L7
,
,LorS I
;, x P2
Z.7
QEslva
vEcv�
G O vv,OG
fiLON4 _ Fis�
/,o
BOUNDARY SURVEY
ON THE PROPERTY OF
MILDRED F. COLE
S1V1iFS)Al.ir MAGIS1ERIAI, UISIPI.CT
FRFJ)ET21.(T, (.T.Jl TIT, VI.RGINIA
1" = loot NUVEMBER 1, 1993
3 .760 . 7-41,,,r..
`licosso,.., D2 _y
3 ' L/9U2.9 /YIcFA/rLANd
3 4S/333
f7C:.
el LAU2A
�p'yti M c F,p21A�v
y Z,o a/57
Fagv�t� /ti PRaK L . c.
78y//G9Z
-X- JS)lOTSS PROP_ LjoJSS RS
GSTfi4USN6O C3�
o 7' 1'c.v7- ?EcOa `v ,.v
o4rtr--o DoOK 7Of or 94-
yzx of
C.J. �,RINRER,
U CERISFICATB Nl0 a
54-17-3(a)010�
/ID
� Y
� �s • � h1
G((� �QQ NOVkMBER 1, 1993
14
cam.
//tc� sit Ar w
O
S1v7- L or L 8!0/3 -/-o
1J
co
COUNTY of FREDERICK
w
Department of Planning and Development
540/665-5651
nae 1739 FAX: 540/ 678-0682
... - -X ..`L..'l..
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director
RE: Request for Buffer Waiver
DATE: November 27, 1995
Attached is a letter from Steve Gyurisin, requesting a waiver of the zoning district buffer between the
recently rezoned Cole property on Route 7, (Proffered for Mobile Home Sales) and the Franklin
-Mobile Home Park located directly to the rear of the Cole property.
Staff is opposed to the waiver that is requested. There has been considerable discussion among the
staff as to whether or not the circumstances involved even meet the qualifying criteria for the granting
of a waiver. Though both properties will contain mobile homes, one is clearly a residential use and
the other commercial.
Staff would not be opposed to some reduction in the distance buffer, perhaps 50' as compared to the
100' required as part of a "C" category buffer when a full screen is provided. We also feel that there
may be some room for negotiation regarding the screening to be provided, however, we do not feel
that a complete waiver of the screening requirement is appropriate.
The applicant's letter states that a full screen is in place today. Staff would point out that this is
inaccurate. What actually exists on the site falls far short of a full screen. There is a cinder block wall
approximately two feet in height with a six foot chain link fence on top. The fence has slats which
were intended to be a visual barrier, however, the fence is in a state of disrepair and partial or
completely missing. There is no landscaping present, much less a visual barrier as described by the
ordinance.
Please let me know if there are any questions concerning this matter.
KCT/dc
Attachments
107 North Kent Street - Winchester, Virginia 22601-5000
w w
gilbert w. cli f ford & associates, inc.
200 North Cameron Street • Winchester, Virginia 22601
540-667-2139 • Fax: 540-665-0493
November 15, 1995
Mr. Wayne Miller, Zoning Administrator
Frederick County Planning Department
107 N. Kent Street
Winchester, Virginia 22601
RE: Site Plan for Mr. John Tauber
Professional Mobile Home Sales
Route 7 East - Mildred Cole Property -Stonewall District
Dear Wayne:
In accord with §165.37 Buffer and Screening Requirements; paragraph D (5) of the
Frederick County Zoning Ordinance we request that the Planning Commission
waive the required buffer distance from 100 feet to 15 feet; and, that the screening
be reduced to include the existing masonry wall topped with a screened fence
along the rear property line of the above referenced property.
The attached plat illustrates existing required distance buffers and screening for
the site.
The request for the Planning Commission to waive or rather, in this case, reduce
the buffer distance and screening is due to the following special conditions and
distinguishing features of the site and proposed uses:
• The uses proposed for the site are allowed on the adjoining property known as the Franklin
Mobile Home Park and zoned MH-1. Model mobile homes are proposed for sale by Mr.
Tauber.
• A fifty foot (50') distance buffer with full screening currently exists for the Franklin Mobile
Home Park. An existing wall and fence along the property line serve to screen the two
properties.
• The narrowness and shape of the piece of property for the proposed mobile home sales is a
special condition or feature of the site that is not commonly shared by other properties in
this area or the B-3 zone. The lot is triangular shaped with two panhandles, one east and
one south.
• The use of the adjacent property impacts the conditions of the site proposed for
development since a distance buffer and screen is in place for the existing adjoining similar
mobile home uses.
t
'Kriyiy i
• !�
Mr. Wayne Miller
Site Plan for Mr. John Tauber
November 15,1995 • Page 2
The placement of full required distance buffers would create an undue hardship upon the
property, greatly reducing the developable area. This is not a hardship that is generally
shared by other properties and the reduction of buffers and screens would not be of
substantial detriment to any adjacent properties.
The required buffer distance for a "C" type buffer is 100 total feet with a full
screen and 200 total feet with a landscape screen for the portion of the site that
adjoins Franklin Mobile Home park zoned MH-1. Model home uses are in both
zones and a distance buffer with full screen is in existence between the uses. A
waiver or reduction is requested so this property may be used as proffered. Since
distance buffers are based upon the nature of an activity and are required to
protect existing adjacent uses the existing buffer distance of fifty feet (50') and
existing wall and fence appears satisfactory. The additional 15' proposed is the
same as the required B-3 setback and enlarges the total buffer area to sixty-five
feet (659.
The owner and tenant have in good faith provided the Board of Supervisors,
Planning Commission and Planning staff with their intent to use the property
for model mobile/modular home sales. Full application of the required screens
and buffers severely limit the use of this irregular shaped property. At this
juncture, we seek not to change the law, but relief so that the property may be
used. I understand that this will be discussed at your first meeting in December
with the Planning Commission.
Sincerely,
gilbert w. clifford & associates, inc.
Ste M. Gy risi
SMG/cls
attachment
CC. Frederick Co. Planning Staff
Mr. John Tauber
Ms. Mildred Cole, c/o Mr. Taz Schultz
Mr. Charles DeHaven
Mr. Charles Orndoff
Mr. John Light
P/C Review Date: 09/06/95:
Bos Review Date: 10/11/95
REZONING APPLICATION #003-95
JOHN TAUBER/PROFESSIONAL MOBILE HOME BROKERS
To Rezone 2.1514 Acres
From B2 (Business General)
To B3 (Industrial Transition)
LOCATION: Located on Berryville Pike (Route 7) East of Regency Lakes Drive.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 55-A-34
PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General); Land Use: vacant
ADJOINING PROPERTY ZONING & PRESENT USE: MH (Mobile Home); Land Use: Mobile
Homes; and B3 (Industrial Transition); Land Use: Trucking Business
PROPOSED USE: Mobile Home Dealership.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objections to the rezoning of this property.
However, prior to development the existing entrances may need to be upgraded to current
VDOT commercial design standards. A complete set of site plans will be required for review
prior to development. Any work performed on the states R/W must be covered under permit.
Sanitation Authority: Water and sewer available.
Fire Marshal: 1) Additional Fire and Rescue issues will be addressed on site plan.
Page 2
John Tauber Rezoning #003-95
County Attorney: The development must conform to the ordinance regarding site
development plan. Not a subject for proffers.
Count Engineer: We do not have any comments at this time. A detailed review will be
made at the time of the site plan submittal.
Planning & Zoning:
Location: The site is located within the Urban Development Area, and along a designated
Business Corridor.
Site Suitability: The parcel is nearly level and contains no environmental features as defined
by the County Zoning Ordinance. Sewer and water are available.
Potential Impacts: The applicant has proffered a specific use, "manufactured home model
display and related sales office." The proffer does not address the number of units that may
be placed on the site for sale or awaiting delivery. The projected costs to the local fire and
rescue company derived from the County Impact Model is $1,313.11. The applicant has
proffered to pay this amount to the County at the time of building permit issuance.
Development of the site under B3 zoning would require a buffer between the site and the
MH1 and B2 adjoining parcels.
Under the existing B2 (Business General) Zoning the parcel could be put to a variety of retail
uses which could generate more traffic than the proposed manufactured home sales. Given
the proffers, anticipated impacts of the proposed rezoning would be minimal
STAFF RECOMMENDATION FOR 09\06\95 PC MEETING: Approval
SUMMARY OF 09/06/95 PC MEETING: Due to the specificity of the proffer submitted by the
applicant, the Commission felt that any other use of the site could be prohibited. Mr. Tauber said that
he would have a sales office, sites for three display models, and an area for three storage units. There
were no citizen comments and the Commission had no other major concerns with the proposal.
PC ACTION OF 09/06/95: Unanimous approval with the acceptance of the applicant's proffer.
(Mr. Wilson was absent.)
0
10' San. Sewer
Easement
Game-c���e
Jsg'
Easement
N/F
Franklin
Zoned: MH-1
Use: Mobile Home Park
=ZONE AREA'-' 9ie
1514 ACRES
�d
\Par el 34 s1�60
TM 55 G12
N/F \ d
:bennis T. & Mildred F. Col %ate
Use. V cant 1'%
e�
e,
3\ss &
Egress Easement
Zo A i%611 �
� Zo �
e'
Fa0 8 2 etON
TdO V Gomm
�a
I o , 100 50 0 1
Scale: 1" = is
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff. -
Zoning Amendment Ntjmber�)�l _ Date Received
BOS Hearing Date; PC Hearing Date
The following information shall be provided by the applicant:
Ail parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
1. Applicant:
Name: PROFESSIONAL MOBILE HOME BROKERS M
Address: 5332 MAIN ST. P 0 6oX_
STEPHENS CITY , VA. 22655
Telephone: (703) 869-7250
2. Representative:
Name: JOHN TAUBER
Telephone: (800) 446-6330
3. Owner:
Name: M I LDRED F . COLE
Address: C/O HARRISON & JOHNSTON
21 S. LOUDOUN ST. WINCHESTER , VA. 22601
Telephone: (703) 667-1266
12
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:
MILDRED F. SOLE
OHN W. TAUBER
4. Zoning Change: It is requested that the zoning of the property be changed
from B-2 to B-3
5. Current Use of the Property:
VACANT
6. Adjoining Property:
PARCEL ID NUMBER
55-000-A-0000-0033
55-000-A-0000-038
55-000-A-0000-0035
USE
TRUCKING
MOBILE HOME PARK
ZONING
B-3
7. 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 RT. % 300 YDS. EAST OF REGENCY LAKES DR.
13
8. Parcel Identification:
14 Digit Tax Parcel Number:
9. Magisterial District:
STONEWALL
55-000-A-0000-0034
10. Property Dimensions: The dimensions of the property to be rezoned.
�.151`I
Total Area: Acres
The area of each portion to be rezoned to a different zoning district category should be noted:
Acres Rezoned from B-2 to B-3
Acres Rezoned from to
Acres Rezoned from to
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: DENNY'S INC.
Deed Hook Number 475 Pages 36
12. Proposed Use: It is proposed that the property will be put to the following uses.
MOBILE HOME DEALERSHIP
13. Checklist: Check the following items that have been included with this application.
Location map
Plat
Deed to property
Statement verifying taxes paid
Agency Comments
Fees"
Impact Analysis Statement
Proffer Statement
14
E
14. 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 to me (us) 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
the best of my (our}- omom
Applisarft- —
i
Owner:
JOHN W. TAUBER
MILDRED F. SOLE
Date:
and its accompanying materials are true and accurate to
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road from the requested property. The applicant is required to obtain the
following information on each adjoining property including the 14-digit property identification number
which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department.
Name
Address and Property Identification
1.
CARLYLE & ANDERSON
Address: 1752 BERRYVILLE PIKE
WINCHESTER , VA. 22603
Property ID: 55-000-.A-0000-0033
2.
FRANKLIN PARK LC
Address: 104 SCENIC VIEW PL.
CROSS ,JUNCTION , VA. 22625
Property ID: 55-000-A-0000-0038
LAURA 1, MCFARLAND
Address: 1112 BERRYVILLE PIKE
WINCHESTER , VA. 22602
,1.
Property ID:55-000-A-0000-0035 & 36
•
CHRISS & PANAQIOTA POULOS
Address: 1621 HANDLEY AVE.
WINCHESTER , VA, 22601.,
Property ID: 55-B00-A-0000-0002
5.
RALPH LINABURG
Address: 1785 BERRYVILLE PIKE
WINCHESTER , VA. 22603
Property ID:55-500-A-0000-0003
6.
PARAMOUNT TERMITE CONTROL
Address: P.O. BOX 850
FOREST HILL , MD. 21050-0850
Property ID: 55-B00-A-0000-0004
7.
PAULINE D. MCKENZIE
Address: 1803 BERRYVILLE PIKE
WINCHESTER , VA. 22603
Property ID: 55-B00-A-0000-0005
.JOSEPH C. SMITH
Address: IT, 1 BOX 1185
11,
BERRYVILLE , VA. 22611
Property ID:55B00-A-0000-0006/55B00-A-0000-0013
9.
Address: AND 55B00-A-0000-0014
Property ID:
17
�ti1�10,151T 719
O
AU 1995
VED
LsoE16—t
ARGENT- AN""*40T
LAFRICK & CIO"'C"
ArroaNu7■ AT LA.
{Il�tcr N. . VIA0124 IA
t
Jr—.-
#��Z� 4.
DEJ�Ny' s INC. TO DEED
DENNIS T. r ' � Er.0 UX
c OLE,
a40K 4'f,,5 PAC[ 3,5 day of
THIS DEED made and dated this 16L
197'7, by
and between Denny's, InC,r a Virginia corporation, of
the one part, hereinafter called the Grantorr and Dennis T, Cole
and mildred F, Cole+ his wife, of the other part, hereinaftor
called the Grantees,
WITNZSSETH: That for and in Consideration of the
sum of Ten ($10.00) Dollars, and other good and valuable con-
3iderationr receipt whereof is hereby
acknawledged, the Grantor
does hereby grant and convey, with general warranty and Fnglish
'Qint1Y, as tenants by the
covenants of title, µnto the Gr.�+rrtees# 0 as at common law, the
entirety, with the right of nurvivorshipr
f'o, lowing two parcels of land lying and being
situate In stortew�
Frederick County, Virginia, more parti.cu-
p;agisteria] District,4.
lar]-y
desoribed as f011aws'
er
PARCEL ONE: All of that certain lot or Parcel iofland, waygannd
ghts
with all improvements thereon and air rand being situate in
appurtenances thereto belonging, lY g Virginia►
Stonewall Magisterial Districts Frederick County,
fronting the southern highway boundary 122eAcrestBerryville
le
as shown by
Pike, Route #7,
originally containing 4.k'
that certain plat recorded in the Clerk's
DeedfBooko325,Page c627,
Court of Frederick County, Virginia, the state
frorn which there is eXursuantcepted ltoSancOrderres oof said cndenned ourt of record
This
Highway Conunissioner p page 644.
in the aforesaid Clerk's Office in Deed Book 3er Deed of
is the same Property conveyed to the Grantor herein by
Bennis s Cole, et ux, dated February 9, 19pa�e432pecord in the
aforesaid Clerk's Of£iCe in Deed Book,454,
PARCEL TWO: All that certain strip of South of U S land of an �H,ghway #7 rr ven width of
0 eet, lying and being situate i in
approximately one and one-half miles Virginia8ast of �,landedescribed asl
stonaaall Districtr Frederick County►
A- Cole
BEGINNING at an iron pin in a corner of D' ox.imately
and Earl Hainear Inc •r and running South app
740 feet along the line of D. A. Cole to the corner of
100
Earl Haines, et ux� odEarlAHaines'arideJohnEM$tEckardi
feet along the lane
thence in a rtorthernly direction and of an even feet
en 100
for a distance of approximately
foot width, et UX; and thencei.n a
to the land of Dennis T. Col
j�'esternly direction for a distance of 100 feet, to the
point, of beginning; and, Deed
ing the same property conveyed to theGr1976; oferecy
record in the
be
`of Dennis T. Cole,,et ux, dated l+ugust 2, 1Page 776.
aforesaid Clerk's Office in Deed book e61,
I
1
I
B'J0K 11'75 PAGE 3B
This conveyance is made,however, subject to all
rights of way, easemento and/or conditions of record, if any,
affecting the aforesaid realty.
J
•� 11i I{ `� t
A7TT— -
•,
Sec etary
��pfl. �.pRRi0i1•
r„pPAIICK A OROYRz
♦"UNWRTT AT LAW
�IIMCw ■.TII �. YiM01wu
(t
1
WITNESS'the following signatures and seals
9
STATE OF VIRGINIA,
OF to -wits
�./oov , a Notary Public
I,46
in and for the and State aforesaid, do hereby certify
that Dennis T. Cole and Mildred F. Cole, President and
Secretary, respectively, of Denny's, Inc., whose names are
signed to the foregoing instrument bearing date the /�L day of
1977, have personally appeared before me in my
and State aforesaid and acknowledged same.
Given under my hand this It_ day of '
1977,
My Commission expires �7
-----T—
Q'ri.K.4.J
Notary Pu c
J _4
.1 1 flee
inzilr{ {I-crit o2 :it.hg was produces to me o.
19- 2Z._ at
.--d"Y °1 t thereto an.ae cad was
a,ld with certilicate f acicaowl�dgmendd-j -1 of
adm itto to rocord. Tax uAPoaod Ay 30,
and 58-54 have boon paid, if assessable,
t
Clerk.
1516 1778,,9 O
AUG 1995
RECEIVED y
;Irossz-
Frederick County Public Schools
1415 Amherst Street
Post Office Box 3508
Winchester, Virginia 22604-2546
Telephone: (540) 662-3888 — FAX (540) 722-2788
Administrative Assistant to the Superintendent
Mr. John Tauber July 26, 1995
10401 Lanham -Severn Rd.
Lanham, Md. 20706
Dear Mr. Tauber:
I am in receipt of your request for rezoning comments
concerning the proposed mobile home dealership at the following
location:
Route 7--300 Yards East of Regency Lake Dr.
It is our understanding the proposed zoning change is from B-2
to B-3 for the purpose of a mobile home dealership.
We feel this proposal will have little or no impact on future
school enrollment or facilities.
Sincerely,
Thomas Sullivan
Administrative Assistant
to the Superintendent
cc: R. Thomas Malcolm, FCPS
•
i
151617y8,19
s RECEIVED
~�it0£G�ZI�'
REQUEST FOR REZONING COMMENTS ut I 1995
Frederick County Parks and Recreation Department
Attn: Director of Parks and Recreation
P.O. Box 601
Winchester, Virginia 22604
(703)665-5678
The Frederick County Parks and Recreation Department is located on the second floor of the
Frederick County Administration Building, 9 Court Square in Winchester, if you prefer to hand
deliver this review form
Applicant's name, address and phone number:
JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Parks & Recreation Dept. Comments:
No comment
U
Parks Signature and Date: ter;
(NOTICE TO PARKS - PL ASE RETURN THIS FORM TO THE APPLIC T.)
NOTICE TO APPLICANT
It is your responsibility 46 complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, results of County Capital Facilities Impact Model run, and any
other pertinent information.
24
i 0
•
0 C' L ' C
REQUEST FOR REZONING COMMENTS
Frederick -Winchester Health Department
Attn: Sanitation Engineer
P.O. Box 2056
Winchester, Virginia 22604
(703) 722-3480
The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue
and Brick Kiln Road in Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 To B-3 FOR A MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Health Department Comments:
14 j4..
n %
Health Signature and Date: _ _ f�`�'Z'-� 4--�—t-Lti, %I Z e / 9
(NOTICE TO HEALTH DEPT. - P ASE RETU N T IS FOAM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, and all other pertinent information.
27
i 0
C
•
REQUEST' FOR REZONING COMMENTS
Frederick County ConunouNvealth Attorney
Winchester -Frederick County Judicial Center
5 N. Kent Street
Winchester, Virginia 22601
(703)665-6383
The Commonwealth Attorneys office is located in the Winchester -Frederick Judicial Center at 5
North Kent Street in Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
JOHN W. TAUBER 10401 LANHAM-SEVERN RD, LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR
Attorney Comments:
Attorney Signature and Date:
(NOTICE TO ATTORNEY
TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order t
agency with their review. Also, please attach a copy of your application lorm, proffe
location map and all other pertinent information.
20
0
��13�q�1516 ?778�' 0
`AUG 1995 �
KUNIO
stv
0
9
REQUEST FOR REZONING COMMENTS
Frederick County Commonwealth Attorney
Winchester -Frederick County Judicial Center
5 N. Kent Street
Winchester, Virginia 22601
(703) 665-6383
The Commonwealth Attorneys office is located in the Winchester -Frederick Judicial Center at 5
North Kent Street in Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
JOHN W. TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Attorney Comments:
Attornev Signature and Date:
(NOTICE TO ATTORNEY * L
71, X �j
E RETURN THIS FOR..N1 O APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, proffer statement,
location map and all other pertinent information.
?p
REQUEST FOR REZONING COMMENTS
Frederick County Fire Marshal
Attn: Fire Marshal
P.O. Box 601
Winchester, Virginia 22604
(703) 665-6350
The Frederick County Fire Marshal is located at 9 North Loudoun Street, 2nd floor of the
Hammon Building in Winchester, if you prefer to hand deliver this review form
Applicant's name, address and phone number:
,JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301) 464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Fire Marshal Comments:
A.uo .l�.coo—
'n"- --1 rE /Z�ZW.✓
'I /i/ / �. /�L�C ' �f//%TF/j>&i{��` 6111C //�%�Ql'i S�?/l�iE`> z'i6/l7� i -7-z:D
Fire Marshal Signature &
(NOTICE TO FIRE MARSHAL - PLEASE' TURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, results of County Capital Facilities Impact Model run, and any
other pertinent information.
23
. . 1
0 0
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0810952693 Date Received 072197 Date Reviewed 081095
Applicant John Tauber
Address 10401 Lanham -Severn Rd.
Lanham, Md.
20706
Project Name Professional Mobil Home Brokers Phone No.301-464-5446
Type of Application Rezoning Current Zoning B-2
1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Stonewall
Tax I.D. No. 55-A-34
RECOMMENDATIONS
Automatic Sprinkler System XX Residential Sprinkler System 00
Automatic Fire Alarm System XX Other 0000000000000000000
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not Identified XX
Fire Lanes Required Yes XX No
Comments
Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX
Special Hazards Noted Yes No XX
Comments
Hydrand Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX
Plan Approved as Submitted? Yes N
Signat re- Title
�0111213141S-7��
� N
ADG 1995
I* l/ N
rC4
n�� cz
• r
REQUEST FOR REZONING COMMENTS
Frederick County Sanitation Authority
Attn: Engineer Director
P.O. Box 618
Winchester, Virginia 22604
(703) 665-5690
The Frederick County Sanitation Authority is located on Route 522 South, at 199 Front Royal
Pike, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
,JOHN TAUBER 10401 LANHAM-SEVERN RD, LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 To B-3 FOR A MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Sanitation Authority Comments:
W/4Tffl.4 Y40 ;For �Q f�,F .f 1/�l—I'MI—AF
Sanitation Authority Signature &Date:
(NOTICE TO SANITATION AU ITY 4-REETURN THIS FORIM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
26
C
•
31415 Z67
m AUK 19y5 N j
Lo
SFr
�f ti
-1124-14s
W111-
REQUEST FOR REZONING COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278
Edinburg, Virginia 22824-0278
(703) 984-4133
The local office of the Transportation Department is located at 1550 Commerce Street in
Winchester, if you prefer to hand deliver this review form
Applicant's name, address and phone number:
JOHN W. TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 To B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Va. Dept. of Transportation Comments:
No ob-jections to the rezoning of this prnz Prty 14nWever, prior to devglepment
the existing entrances may need to be upgraded to current VDOT commercial design
standards. A complete set of site plans will be required for review prior to
development. Any work performed on the states R/W must be covered under permit.
VDOT Signature and Date: 94- Lu
(NOTICE TO RESIDENT ENGINEER*PLI
APPLICANT.)
E RETURN THIS FORM
TO
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
impact analysis, proffer statement, and all othcr pertincnt information
xc: R. B. Childress �1
S. A. Melnikoff
8/l/95 br
u
•
�Q,��1213141576�j,�
A�f� 199� NN
cq
^p( W
\`�Of 6Z 8Z
0 .
REQUEST FOR REZONING COMMENTS
Frederick County Fire Marshal
Attn: Fire Marshal
P.O. Box 601
Winchester, Virginia 22604
(703)665-6350
The Frederick County Fire Marshal is located at 9 North Loudoun Street, 2nd floor of the
Hammon Building in Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
,JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301) 464-5446
Name of development and/or description of the request:
CHANGE -ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Fire Marshal Comments:
% OZ�iTiO c/A� `iC'c� .%(/J �����!/C �✓ �1/c.5 l-a zz
Fire Marshal Signature &
(NOTICE TO FIRE MARSHAL - fLEASE-AETVkN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, results of County Capital Facilities Impact Model run, and any
other pertinent information.
23
COUNTY OF FREIDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0810952693 Date Received 072197 Date Reviewed 081095
Applicant John Tauber
Address 10401 Lanham -Severn Rd.
Lanham, Md.
20706
Project Name Professional Mobil Home Brokers Phone No.301-464-5446
Type of Application Rezoning Current Zoning B-2
1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Stonewall
Tax I.D. No. 55-A-34
RECOMMENDATIONS
Automatic Sprinkler System XX Residential Sprinkler System 00
Automatic Fire Alarm System XX Other 0000000000000000000
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not Identified XX
Fire Lanes Required Yes XX No
Comments
Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX
Special Hazards Noted Yes No XX
Comments
Hydrand Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX
Plan Approved as Submitted? Yes )�X No
Signat reTitle
of lic"-
fwirlarr.Vw.
1t.iAet w VaPfW
Rac►vi11e.MQ
Nrro Hsrm Ruse & Aiwxc v.-. nc Viraiwia AaacA.Va,
JI E ^ S� ma's"l�'dpft 'n'e"w"a CIwnIFuv Va.
SOT wes.x.wr S..ac 5. JMPQ Ea11as Wiwcbesser.Ve,
CvwrC. no v.
.vda d -:— i 5 1l�_ C'=/w vvQi
—•J lL4.90 ,IF
�2 c /- !q r,2/,N(
`
�= A/11 h/A/NESivC,
a/ b
/res1 cz
3�8. oG �Gp= ra,.vror
/ SZG90 3:r�w
3/
2.7725 4c. r
/e2 1
ti s
v O. zoo 9 5�`
/RS"� r? LESirwE u F
f ,�h oe EU rYtcL L +ti
ChloV^,4 IA/
7 io-,t -2ow
LeTS r
.f� AS,y h/o�.caw
* 9s/za9
78y//G9Z
i
,j
-'a
BOUNDARY SURVEY
ON THE PROPERTY OF
MILDRED F. COLE
Si"IFWAiJr FWN." 1RRIAL DMrRICT
FRWERR7, MUM, VIRGI:ITA
!" = IOU' NWEPIFR 1, 1993
. g
/ r LfiU.Q/Q i`�GFi�i/IIAN/f
r \
cLl/S7
s - J ti� •,
o
`L)
v�',/g1
it STi4O[1.f lW eC LC Y O n/C!!S
c7 r r'cAT QFcort io ....
DareD aourr 709 yr Pg4E
yZ N 0IV
F,
C,1�RUM x
Cat ICATZ N9!
54- i7-3(s )M1 j
sjo�rl— L ai 4 8&r3 -/-o
9
�.�}15i617'87
too
AUG 1995
s RECEIU
ED
e
��£ora2�
i
REQUEST FOR REZONING COMMENTS
Superintendent Frederick County Schools
P.O. Box 3508, 1415 Amherst Street
Winchester, Virginia 22601
(703)662-3888
The School Board offices are located at 1415 Amherst Street in Winchester, if you prefer to hand
deliver this review form.
Applicant's name, address and phone number:
JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
[HANGF 7nNF FROM R-2 To R-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
School Comments:
See attached note.
School Signature & Date:
(NOTICE TO SCHOOLS * PLEASE RETURN THIS FOR�INI TO THE APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, results of County Capital Facilities Impact Model run, and all
other pertinent information.
25
• 0
REQUEST FOR REZONING COMMENTS
Frederick County Public Works Department
Attn: Director of Public Works
P.O. Box 601
Winchester, Virginia 22604
(703)665-5643
JUL 21 r99
S
The Frederick County Public Works Department is located at 9 North Loudoun Street, 2nd Floor of
the Hammon Building in Winchester, if you prefer to hand deliver this review form
Applicant's name, address and phone number:
JOHN W, TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 TO B-3 FOR MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Engineers Comments: Vie t,
An vkdi ► z AVt Ct ✓ty cis
5 t�e 06,A SUl M;4. .
Engineers Signature & Date: (--- l IS `j
(NOTICE TO COUNTY ENGINEER-PqIJASE RETURN T141S F RM T6 APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the agencv
with their review. Also, please attach two copies of your plans and/or application form, location
map, proffer statement, impact analysis, and any other pertinent information.
22
0
�o��,�y131415 rs�j�
N
AUK 19y,�
!\`�010
0 i
REQUEST FOR REZONING COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(703)662-2422
The Winchester Regional Airport is located on Route 645, off of Front Royal Pike, if you prefer
to hand deliver this review form.
Applicant's name, address and phone number:
JOHN TAUBER 10401 LANHAM-SEVERN RD. LANHAM , MD. 20706 (301)464-5446
Name of development and/or description of the request:
CHANGE ZONE FROM B-2 To B-3 FOR A MANUFACTURED HOME DEALERSHIP
Location:
ROUTE 7 300 YARDS EAST OF REGENCY LAKES DR.
Winchester Regional Airport Comments:
Airport Signature and Date: r) lay tc1�
(NOTICE TO AIRPORT*PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
impact analysis, proffer statement, and all other pertinent information
31
0
C
Please consider the following comments when reviewing this
Request for Master Development Plan:
The Developer should be familiar with and be required to
comply with the provisions of the Frederick County Airport Zoning
District (AP-1) and Airport Support Area (ASA) described in the
Frederick County Comprehensive Policy Plan. The developer should
also be familiar with the provisions and requirements of the
following codes:
Title 15.1 Code of Virginia, Section 489 (Purpose of Zoning
Ordinances) and Section 491.02 (Airport Safety Zoning).
Title 5.1-25.1 Code of Virginia (Permits Required for Erection of
Certain structures.)
The owner must be made aware that the Airport will continue
to be developed. This will certainly result in increased opera-
tional activity by all types of aircraft on a 24-hour basis.
To overcome additional noise frequency and sound levels, we
strongly recommend that sound proofing be a major consideration
when remodeling or expanding existing residential and commercial
properties located within or adjacent to the Airport Support
Area. The Airport Support Area is defined in the current edition
of the Frederick County Comprehensive Plan.
Questions concerning noise levels should be directed to the
Executive Director, Winchester Regional Airport Authority.
Granville Amos,
I� Z Ir?.
Exec. Director
WINCHESTER REGIONAL AIRPORT
491 Airport Road
Winchester, VA. 22602
i • •
•
00
a����etio eat e�G\a\
G G°
vse
10' San. Sewer
Easement �, Drain i
Ja
'LJSe•
Easement \\\%
\��EZONE AREA 9�
2.1514 ACRES
1 \
_' Par ec 1 34 s�o
TM 55
N/F �—
ennis T. & Mildred F. Col
Zoned:-b-pit
V
Use: Vacant
30' Ingress
Egress Easement\ \� \
N/F
Franklin
Zoned: MH-1
Use: Mobile Home Park
00*
X
M Fa \aV\2 V es .des �\
2oitie&. aev0a� /
use' R �F
a
� . (ke
vse'
- I I 7'71�
100 50 0 100 200
Scale: 1" = 10d'
Rezoning Request
of
Mildred F. Cole
BUSINESS GENERAL (B-2)
TO
INDUSTRIAL TRANSITION (B-3)
FOR MANUFACTURED HOME
DISPLAY & SALES OFFICE
Professional Mobile
Home Brokers, Inc.
Mr. John W. Tauber
PRESIDENT
AREA TO BE REZONED
2.1514 ACRES
BASED ON SURVEY PERFORMED
BY C.J. RINKER, JR. PHR & A
DATED NOVEMBER 1, 1993
Gilbert W. Clifford and Associates, Inc.
200 North Cameron St.
Winchester, Virginia 22601
(540)-667-2139
(540)-665-0493 fax
Engineers —Land Planners —Surveyors
��ry13�151617 �87 ?Q
s
AUG 1995 aV
s RECEIVED
�csoE6z
OUTPUT MODULE
Net
Credit for
Fiscal
Taxes to
Capital
Impact
Capital
Net
Cots
fir
("QStS
Iml2ac
Fire Department
$44
$198
$38
Rescue Department
$191
Elementary Schools
$0
Middle Schools
$0
$72,319
$0
High Schools
$0
Parks and Recreation
0
$.4.219
sa
TOTAL
$236
$1,084,091
$76,816
$0
FIRE AND RESCUE ADDENDUM
New Capital Costs Not
Covered by County
Contributions
NOTES: Impact Model Run Date 8/15/95 EAW
Cole Rezoning: Assumes 2.15 acres of retail use rezoned from B2 to B3.
$1,313.11
12A10016d66P16c2e7.62c66FaOR8UsOp10hl2vOsOb3Tkl2H17.60CT A X
Y E A R 1 9 9 5 Ticket #:00051260002 @@
R E C E I P T -
COUNTY OF FREDERICK Date
C. WILLIAM ORNDOFF, JR Register:
P.O. BOX 225 Trans. #:
Dept #
WINCHESTER VA 22604 ACCT# -
1995 REAL ESTATE
1.70 ACRES 55
COLE, DENNIS T & MILDRED F
C/O MILDRED COLE
P O BOX 363
STEPHENSON, VA
22656
5/31/95
DMS/XD
38711
RE9502
28990
Previous Principle
A 34 Balance $ 407.27
Principal Being Paid $ 407.27
Penalty $ .00
Interest $ .00
Amount Paid $ 407.27
*Balance Due
as of 5/31/95$ .00
CK lU 1875
0
•
9
•
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
8 of the application package.
The following information should be provided regardless of the type of rezoning:
Fire Service District:
Rescue Service District:
Total Proposed Non -Residential Lots/Buildings:
The following information should be provided with any residential rezoning:
Elementary School District:
Middle School District:
High School District:
Number of Single Family Dwellings Proposed:
Number of Townhouse Dwellings Proposed:
Number of Multi -Family Dwellings Proposed:
Number of Mobile Home Units Proposed:
The following information should be provided with any commercial/industrial rezoning or with a
residential/commercial (P.U.D.) rezoning:
Gross Office Square Footage: 1,100
Retail Square Footage:
Restaurant Square Footage:
Service Station Square Footage:
Manufacturing Square Footage:
Warehouse Square Footage:
Hotel Rooms:
16
0
ti�31�151�71,9
7
9?0
o �Jlb 1J�U
co
VET
ECEI ti R
--------------------------------------------------
*--------- ---
OUTPUT MODULE
Capital
Fire Department
$44
Rescue Department
$191
Elementary Schools
$0
Middle Schools
$0
High Schools
$0
Parks and Recreation
$Q.
TOTAL
$236
FIRE AND RESCUE ADDENDUM
New Capital Costs Not
Covered by County
Contributions
-------------------------------------------------------------------
-------- ------------------- 0---------------------
Net Credit for
Fiscal Taxes to
Impact Capital Net
Credit CQ5.t5 Impac
$198 $38
$72,319 $0
$4.2.99 $_a
$1,084,091 $76,816 $0
-------------------------------------------------------------
NOTES: Impact Model Run Date 8/15/95 EAW
Cole Rezoning: Assumes 2.15 acres of retail use rezoned from B2 to B3.
$1,313.11
0 •
1617 7g79
ca
go
IVED
�ECE
arc - Ls oV62�ti
•
•
August 23, 1995
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703 / 678-0682
TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S)
The Application of: PROFESSIONAL MOBILE HOME BROKERS/JOHN TAUBER
Rezoning_ Application #003-95 to rezone 2.1514 acres from B2 (Business General) to B3
(Industrial Transition). This property is located on Berryville Pike (Route 7) East of Regency
Lakes Drive in the Stonewall Magesterial District and is identified with PIN 55-A-34.
This rezoning application will be considered by the Frederick County Planning Commission at
their meeting of September 6, 1995. The meeting will be in the board room of the old Frederick
County Courthouse, Winchester, Virginia, at 7:00 p.m.
Any interested parties wishing to attend this meeting may do so.
Sincerely,
Kris C. Tierney, AICP
Deputy Director
KCT/dc
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify t the attached correspondence w Wailed to the following on
AUGUST 23, 1995 from e Department of Planning and Development, Frederick
County, Virginia:
PROFESSIONAL MOBILE HOME BROKERS
5332 MAIN STREET
P.O. BOX 814
STEPHENS CITY, VIRGINIA 22655
MILDRED F. COLE
C/O HARRISON AND JOHNSTON
21 S. LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
CARLYLE & ANDERSON
1752. BERRYVILLE PIKE
WINCHESTER, VIRGINIA 22603
FRANKLIN PK LC
104 SCENIC VIEW PLACE
CROSS JUNCTION, VIRGINIA 22625
CHRISS & PANAQIOTA POULOS
1621 HANDLEY AVENUE
WINCHESTER, VIRGINIA 22601
RALPH LINABURG
1785 BERRYVILLE PIKE
WINCHESTER, VIRGINIA 22603
PARAMOUNT TERMITE CONTROL
P.O. BOX 850
FORES HILL, MD 21050-0850
STATE OF VIRGINIA
COUNTY OF FREDERICK
PAULINE D. MCKENZIE
1803 BERRYVILLE PIKE
WINCHESTER, VIRGINIA 22603
JOSEPH C. SMITH
ROUTE 1, BOX 1985
BERRYVILLE, VIRGINIA 22611
G- W. CLIFFORD ASSOCIATES
ATTN: STEVE GYURISIN
200 NORTH CAMERON STREET
WINCHESTER, VIRGINIA 22601
Kris C. Tijr'ne, 6eput r
Frederick County Dep . lanning
I, DENICE R. CATHER , a Notary Public in and for the state_. and
county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director,
for the Department of Planning and Development, whose name is signed to the
foregoing, dated AUGUST 23, 1995 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 23 day of AUGUST ,1995 .
My commission expires on JULY 31, 1999
NOTARY' PUBL C
•
September 27, 1995
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703 / 678-0682
TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S)
The Application of: PROFESSIONAL MOBILE HOME BROKERS/JOHN TAUBER
Rezoning Application #003-95 to rezone 2.1514 acres from B2 (Business General) to B3
(Industrial Transition). This property is located on Berryville Pike (Route 7) East of Regency
Lakes Drive in the Stonewall Magesterial District and is identified with PIN 55-A-34.
This rezoning application will be considered by the Frederick County Board of Supervisors at
their meeting of October 11, 1995. The meeting will be in the board room of the old Frederick
County Courthouse, Winchester, Virginia, at 7:15 p.m.
Any interested parties wishing to attend this meeting may do so.
Sincerely,
Kris C. Tierney, AICP
Deputy Director
KCT/dc
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify t the attached correspondence w4amailed to the following on
SEPTEMBER 27, 1.995 froti0he Department of Planning and D7velopment, Frederick
County, Virginia:
PROFESSIONAL MOBILE HOME BROKERS
5332 MAIN STREET
P.O. BOX 814
STEPHENS CITY, VIRGINIA 22655
MILDRE F. COLE
C/O HARRISON AND JOHNSTON
21 S. LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
CARLYLE & ANDERSON
1752 BERRYVILLE PIKE
WINCHESTER, VIRIGNIA 22603
FRANKLIN PARK LC
104 SCENIC VIEW LACE IA 22625
CROSS JUNCTION,
CHRISS & PANAQIOTA POULOS
1621 HANDLEY AVENUE
WINCHESTER, VIRGINIA 22601
RALPH LINABURG
1785 BERRYVILLE PIKE
WINCHESTER, VIRGINIA 22603
PARAMOUNT PEST CONTROL
P.O. BOX 850
FOREST HILL, MD 21050-0850
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, DENICE R. CATHER
PAULINE D. MCKENZIE
1803 BERRYVILLE PIKE
WINCHESTER, VIRGINIA 22603
JOSEPH C. SMITH
ROUTE 1, BOX 1985
BERRYVILLE, VIRGINIA 22611
G.W. CLIFFORD ASSOCIATES
ATTN: STEVE GYURISIN
200 NORTH CAMERON STREET
WINCHESTER, VIRGINIA 22601
Kri - . Ti , D puty Dir
Frederick County pt, anning
, a Notary Public in and for the state and
county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director,
for the Department of Planning and Development, whose name is signed to the
foregoing, dated SEPTEMBER 27, 1995 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 27 day of SEPTEMBER , 1995.
My commission expires on TIH.Y 31, 1999
r u '
- /P NOTARY PUBL C
G.I.S. WORK ORDER
ti �c
Department of Planning & Development
GIS 9 4orth Loudoun Street
Winchester, VA "601
703-665-5651
The following information needs to be supplied to request production of mapping or graphics from the
Planning Department -
DATE I
D EPARTJIENT
CONTACT:- PHONE:
DESCRIPTIONr) /'o Loc�j
OF PROJECT:f) ) V
REQUESTED COi lPLETION DATE:
— For Planning Department Use —
Materials &Supplies:
Keep in Storage?
Total Time Spent
on Project:
Comments: /�/ 'r.1. .
u
Yes No
�r
Public Use Fee
5 O Z3� �/J2J
T—_
(C-I (1,j
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
MEMORANDUM
Finance Department
FROM: Karen A. Clark, Receptionist/Clerk II
SUBJECT: Return Of Sign Deposit
DATE: January 23, 1996
The amount of $25.00 was deposited in line item #10-1911-08 for the person named
below as a deposit for a sign. They have now returned the sign and are therefore
entitled to the return of their deposit. Please send a check in the amount of $25.00 to:
Mr. John Tauber
10401 Lanham Sever Road
Seabrook Md 20706
Please contact me if you have any questions.
RSA/kac
107 North Kent Street 0 Winchester, Virginia 22601-5000
•
0
FREDERICK COUNTY, VIRGINIA
IMPACT ANALYSIS STATEMENT
FOR
REZONING REVIEW AND APPROVAL
OF THE
MILDRED F. COLE
PROPERTY
Route 7 East • 'Stonewall District
IMPACT ANALYSIS STATEMENT
gilbert w. cli f ford & associates, inc.
The Winchester Towers
200 North Cameron Street • Winchester, Virginia 22601
540-667-2139 • Fax: 540-665-0493
150C Olde Greenwich Drive.* Fredericksburg, Virginia 22401
Is 703-898-2115
•
TABLE OF CONTENTS
I. SUMMARY
H. INTRODUCTION
III. PLANNING ANALYSIS
• Site Suitability
• Adjoining Properties
• Zoning Review
IV. TRAFFIC
V. SEWAGE
VI. WATER
VII. DRAINAGE
VIII. SOLID WASTE
IX. HISTORIC SITES
X. COMMUNITY FACILITIES
• Education
• Emergency Services
• Parks and Recreation
• Other
XI, ENVIRONMENT
MI. FISCAL
XIII. OTHER
APPENDIX
0
IMPACT ANALYSIS STATEMENT
for
Mildred F. Cole Property
I. Summary
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to
evaluate the above referenced project as required by the Frederick County Board
of Supervisors. This document is prepared in support of and in preparation to
rezone 2.1514 acres of the 2.7775 acre property of Mildred F. Cole from present
Business General (B-2) to Industrial Transition (B-3).
The property is suited for Industrial Transition (B-3) zoning. This property
adjoins M-2 Industrial zoning and B-2 Business General zoning. There is a
positive fiscal impact. Current zoning requirements allow for adequate
measures to provide for a separation of uses through distance buffers and
vegetative screens that would mitigate any negative impacts to the Franklin
Mobil Home Park located to the rear of the property to be rezoned.
0 II Introduction
The 2.1514 acre portion of the property of Mildred F. Cole. is located on the south
side of the east bound traffic lane of Route 7 East (Berryville Pike) on the west
side of the entrance of the Franklin Mobile Horne Park. The property currently is
vacant. The parcel is identified as tax parcel 55-((A))-34 in the Stonewall
Magisterial District and is currently zoned Business General (B-2). This rezoning
request is for the portion of the property located to the west of the Franklin
Mobile Home Park access right of way.
Industrial Transition (B-3) zoning is planned for the property. The property is
located in the Urban Development Area and is along a major transportation
corridor. A preliminary site development evaluation indicates that this site can
support a variety of commercial uses as well as the proposed manufactured
home model and sales use. This rezoning is presented to allow the property to
be zoned B-3 and to allow the planned manufactured home sales and model
home display use.
CJ
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
0 III. Planning Analysis
Site Suitability - The property has no site specific development limiting factors.
The property appears well suited for B-3 zoning use development based on site
evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site
suitability and environmental factors.
Soils - The soils are suitable for site development purposes. The USDA Soil Conservation
Soil Survey for Frederick County identifies the soils of the property on map sheet 30 as
Berks channery silt loam..
Prime Agricultural Soils.- The property does not contain prime agricultural soils as
identified by the Frederick County Comprehensive Plan.
Slopes - There are no steep slopes on this property. The topography is ideally suited for
commercial type development. Slopes generally range from 2% to 7%.
Wetlands - There are no wetlands on this property. The property is generally well drained
• and has no low lying wet areas that wetland vegetation that indicates the presence of a
wetland area.
Ponds and Lakes - There are no ponds or lakes on the property.
Flood Plain - The property is not located within the 100 year HUD designated flood plain
as identified in the Frederick County Comprehensive Plan and panel map number 510063-
00120B of the United States Department of Housing and Urban Development Flood
Boundary map.
Adjoining Properties - Development impacts are slight on adjacent properties.
The primary impact concern on adjoining properties is the change of use from
open,vacant land to a commercial setting. The impacts of the allowed uses on
the surrounding uses is reduced through the existing zoning and planning,
distance, setback, buffer, landscaping and screening regulations.
A building setback is required; and, in addition, a maximum distance buffers are
required. These planning and zoning setbacks and buffers are required to reduce
adjoining property impacts. The adjoining property to the north is Route 7
• (Berryville Pike). To the east is land zoned B-2 with a single family home. To
the south is land zoned MH-1 with a Mobile Home Park; and, to the west is land
zoned M-2 with a farm implement sales and service use.
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
• Zoning Review - The property is currently zoned Business General (B-2)
allowing by right a variety of business uses.
Under the Industrial Transition (B-3) zoning regulations a variety of
warehousing and outdoor activity commercial activities are permitted by right.
The proposed Manufactured Home display area and sales center is permitted in
the B-3 zone.
The impacts of the Industrial Transitional (B-3) uses on the surrounding
residential uses is greatly reduced through existing zoning distance, setback,
buffer, landscaping and screening regulations. The size of the site limit the
impacts of any B-3 type use.
IV. Traffic Impacts
Traffic impacts are negligible for this property. Impacts of vehicular access and
turning movements on the adjoining properties is slight considering the
property fronts on the east bound lane of Route 7 ( Berryville Avenue).
• The B-3 zoning should result in a reduction of trips from the current B-2 type
zoning which allows a wide variety of commercial uses such as restaurants and
service oriented or retail businesses.
The site although vacant has existing commercial entrances.
V. Sewage Conveyance and Treatment Impacts
There are no sewage conveyance or treatment problems associated with this
project.
Sewage service to this site is provided by Frederick County Sanitation Authority
via an 8" sanitary sewer line located at the rear of the property.
VI. Water Supply Impacts
There are no water supply or transmission problems with this property.
• Water service is under the Frederick County Sanitation Authority. An 8" water
main located to the east of the property is suitable for service to this site.
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
VII. Drainage Facility Impacts
Proper storm water management planning will result in minimal or no site
drainage impacts. Storm water drainage easements currently exist along the west
property boundary line.
Predevelopment runoff rates will be maintained using recognized storm water
management standards. These will be defined when a site development plan is
prepared and approved for the site.
VIII. Solid Waste
There are no solid waste collection and disposal impacts. Commercial private
haulers will provide removal to the regional landfill.
IX. Historic Impacts
• There are no structures currently located on this property of significance. A
review of the National Register, the Virginia Landmarks Register and The
Frederick County Comprehensive Plan indicates that there are no known
historic structures on this property.
X. Community Facilities
Education - This project will generate no school children and therefore have no
effect on educational cost in Frederick County.
Parks and Recreation - This project would result in no impact on Parks and
Recreational facilities.
Emergency Services Cost - There are no additional fire, rescue or sheriff facilities
anticipated with the development of the property using B-3 type uses.
Fire protection is available from the Greenwood Volunteer Fire & Rescue
Company. The planned B-3 rezoning will have all required site development
standards required by the fire code, building code and zoning codes. There are no
• fire protection problems associated with this property. All hydrants and fire
protection measures will be installed when the property is developed.
Rescue services are provided by the Greenwood Fire & Rescue Company.
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
• Sheriff Department services protection will be required by this facility. Routine
patrols of the area should suffice for the majority of time and materials necessary
to cover this property.
XI. Environmental Impacts
There will be certain minor negative impacts due to the construction activity
including run off sediment, noise and traffic movements. These are to be
minimized by proper compliance with local and state laws for environmental
protection. A minor increase in run off quantity and a decrease in quality is
probable from this development. The effects on the down -stream impoundment
and stream are minimal and in accordance with local and state regulations.
There is no known loss of irretrievable resources involved with this project.
There are no known endangered species of fauna, flora or wildlife which will be
effected by this project. Ground water and air quality should be unaffected. A
minor impact of a negative nature is associated with lighting for security and
• business use. These should be closely controlled during planning stage to
minimize the adverse impacts on adjacent residential structures and impacts on
the traveling public.
XII. Fiscal Impacts
Fiscal impacts for the property are determined based upon the fiscal impact
model prepared by the Frederick County Department of Planning and
Development staff. The fiscal impact model results are attached in the appendix
of this report.
The model suggests that there is a net positive fiscal impact credit of $857,680.00
by rezoning from B-2 to B-3.
Capital Costs not covered by County contributions to fire and rescue is suggested
by the model to be $1,313.11.
XIII. Other
• This planned zoning change would create a positive fiscal impact as compared to
the existing zoning. There are no known other impacts.
COLE.PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
AUGUST 1995
•
APPENDIX
1. LOCATION MAP
2. PROPERTY SURVEY MAP
3. FREDERICK COUNTY IMPACT MODEL REPORT
4. PROFFER STATEMENT
•
00
IF I
71
64
650
� a � � , • ' •�� � ��\ J! / ��/ 1 � o�i '.:ram �� � �/ iEcc.
•• �' •ROlA�6'- ,f�6�-"'��]\L�_Y 5i •' / . � 65G•i �,i/� � � f� ~ � �.
01
_ o J- a�" � �/.Greenw� � •: ,Sf � f r/\ „a SJ� I/1= 1�°J
Height-^
'S
cp
e n (// 4 R O
lT Ita
l /4650 I \
'mil (C ��1�'�
•� `� 200 NORTH CAMERON STREET
�_• W WINCHESTER, VIRGINIA 22601
C.- • _ (540) 667.2/09
V1 <
LOCATION MAP
SCALE: 1 " = 2,000'
150-C OLDE GREENWICH DRIVE
• Od w FREDERICKSBURG, VIRGINIA 22401
(W)e98-2115 FREDERICK COUNTY, VIRGINIA
s
10' San. Sewer
Easement
/ �G
e�� ea�Ga�j
J5e j.
•
•
Easement
\�REZON
2.1514
N/F
Franklin
Zoned: MH-1
Use: Mobile Home Park
= AREAS
ACRES
9f�
_ F
df
\ Par el 34
Parcel
Goo.
N/F
Dennis T. & Mildred F. Col
Use: Vacant
30 & Ingress 9 �\
Egress Easement\ \/ \
NIF
\ M ° �\ea.8en���\
NIF 2es�a
i Zone
es\ae���a� \.
a
� Z°yea \I G°mm G\a � \
ples\ae�ua �.
use
I I I I
100 50 0 100 200
Scale: 1" = 100,
Rezoning Request
of
Mildred F. Cole
BUSINESS GENERAL (B-2)
TO
INDUSTRIAL TRANSITION (B-3)
FOR MANUFACTURED HOME
DISPLAY & SALES OFFICE
Professional Mobile
Home Brokers, Inc.
Mr. John W. Tauber
PRESIDENT
AREA TO BE REZONED
2.1514 ACRES
BASED ON SURVEY PERFORMED
BY C.J. RINKER, JR. PHR & A
DATED NOVEMBER 1, 1993
Gilbert W. Clifford and Associates, Inc.
200 North Cameron St.
Winchester, Virginia 22601
(540)-667-2139
(540)-665-0493 fax
Engineers -Land Planners -Surveyors
•
---- - --------------------------------- --
OUTPUT MODULE
Fire Department
Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
TOTAL
FIRE AND RESCUE ADDENDUM
New Capital Costs Not
Covered by County
Contributions
--------------------------------
-----------------------
Net
-----------------------
Credit for
------
Fiscal
Taxes to
Capital
Impact
Capital
Net
C.RStS
Cradil
CQSts
Impact
$35
$157
$30
$151
$0
$0
$57,184
$0
$0
S2
ULM
$4
$166
--------------------------------
$857,680
---------
$60.740
------------------------------------
$0
------
NOTES: Impact Model Run Date 8110/95
Cole Rezoning: Assumes 1.7 acres rezoned from 82 to 83.
Revised to reflect 2.1514 acres rezoned from B-2 to B-3.
Fire and rescue addendum increased to $1,313.11.
$1,038.29
•
REZONING REQUEST PROFFER (revised)
Ms. Mildred F. Cole, owner
Mr. John Tauber, lessee
MANUFACTURED HOME MODEL DISPLAY AND SALES
Route 7 East - Berryville Pike - Stonewall District - Tax Parcel 55-A-34
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. seg 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 # -95 for the rezoning of 2.1514 acres from B-2 Business
General Zoning District to the B-3 Industrial Transition 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 Virginia law. 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 or assigns.
•
General Development Plan and Uses
The development of the subject property and the submission of any Site
Development Plan will provide for a layout that incorporates the planned
improvements for structures, parking and commercial entrances as require by
Frederick County Zoning Ordinance site development standards. The rezoned
property shall not be subdivided.
The rezoned property shall be used for manufactured home model display
and sales with associated sales office.
Monetary Contribution of Development
The undersigned, who intends to lease the below described property to Mr.
John Tauber, hereby voluntarily proffers that if the Board of Supervisors for the
County of Frederick, Virginia approves the rezoning for the 2.1514 acre tract, more
or less lying on the south side of Route 7 (Berryville Pike) just east of the
intersection of Regency Lakes Drive in the Stonewall Magisterial District of
Frederick County, Virginia from B-2 to B-3, the leassee will pay to Frederick County,
at the time a building permit is issued, the sum of One Thousand three hundred
thirteen dollars and eleven cents ($1,313.11) for Fire and Rescue Emergency Services
costs.
11
0 PAGE 2
REZONING REQUEST PROFFER
Ms. Mildred F. Cole, owner
Mr. John Tauber, leassee
MANUFACTURED HOME MODEL DISPLAY AND SALES
Route 7 East - Berryville Pike • Stonewall District • Tax Parcel 55-A-34
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said rezoning and accepts
these 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:_
Date:
John Tauber, leassee
Owner:
LIN
Mildred F. Cole, owner
Date:
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this day of
August,1995,
by----------------------
My Commission expires
•
Notary Public
•
gilbert w. cli fford & associates, inc.
0 Engineers • Land Planners • Surveyors
Incorporated 1972
The Winchester Towers
200 North Cameron Street • Winchester, Virginia 22601
540 667-2139 • Fax: 540-665-0493
150C Olde Greenwich Drive. • Fredericksburg, Virginia 22401
703-898-2115
Cj
'�
_ �c ,;,.
�� �.,
_:�'.�'
s
12415307768-2W 00420096
COPIES & ENLARGEMENTS CALL 800-421-1030