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HomeMy WebLinkAbout018-89 Roundball Associates - Opequon Dist. - BackfileRECEIPT � f' 02?340 AMOUNT DUE AMOUNT PAID _e ��a(.50 BALANCE DUE r,a �I PAID BY CASH CHECK -+•' / OTHER FI<EDERICK COW411Y D�PT. 0:_ RANNING AND DEVELOPMENT P. 0. BOX 601 • 9 COURT SQUARE WII;CHF.;TER• VIR3INIA :2601 DATE 4&j -3 / I / RECEIVED FROM f CZ41 ADDRESS /6 /C ��1✓l� �V �( • % •/�"t•,-[/ �/./1 Lc.a� r Vry �' ��d'G/ THE SUM OF'�� - - /-�><' "uY ll% r.!'aV©y / DOLLARS $ ��d�•Jr� FOR 'Lt' h� �s. -r�'� > C✓�s�c.:y( �: V ( i �c�O•':i-t..+ `-it.o DAY -TIMERS RE ORDER No 3221 — Pooled in USA Upon submittal of your completed application, a sign will be provided for you AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and be maintained so as to be legible until the date of the' hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. Signature COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 16, 1989 Roundball Associates C/O Mr. Nicholas Smart 10 East Clifford St. Winchester, Va. 22601 Dear Mr. Smart: This letter is to confirm action taken by the Frederick County = Board of Supervisors at their meeting of November 8, 1989. Approval of Rezoning Application #018-89 of Roundball Associates to rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General). This property is located on Route 11 on the northern boundary of Stephens City, lots 1 through 6 of the Massie Subdivision, in the Opequon Magisterial District. This approval was subject to proffers. If you have any questions regarding this rezoning, do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk cr_: Esten Rudolph, Commissioner -of Revenue Roy Jennings, Commissioner of -Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer 9 Court Square P.O. Box 601 - Winchester, Virginia - 22601 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission October 4, 1989 Board of Supervisors November 8, 1989 An ordinance amending the zoning district map for application #018- 89 of Roundball Associates. WHEREAS, Rezoning application #018-89 of Roundball Associates to rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General), located at Route 11, on the northern boundary of Stephens City, tax map 74B, parcel #01-06, in the Opequon District, was referred to the Planning Commission on October 4, 1989; and WHEREAS, the Planning Commission held a public hearing on this application on October 4, 1989; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on November 8, 1989; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, RESOLVED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.82 acres from RP (Residential Performance) to B-2 (Business General) located at Route 11, on the northern boundary of Stephens City, tax map #74B, parcel #01-06, in the Opequon District, as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: D ! [OTC - Z �g89 REZONING PROFFERS APPLICATION #. 018-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick County, Virginia, to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: 1) A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. 2) All exterior lighting shall be directed on -site, and shall be non -glare so as to minimize the impact on the adjoining properties. 3) A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. 4) Applicant will install an adequate sewer line to serve the property. This line will be installed at no cost to Frederick County. 5) All driveways will be at least 150 feet apart and at least 150 feet from existing driveways. Nicholas Smart (for Roundball Partnership) NS/mks This ordinance shall be in effect upon its passage. Passed this 8th day of November, 1989. A Copy Teste f / / John R. le , Jr.V/ Frederi ounty Administrator D I 7OCTT z �ggg REZONING PROFFERS i APPLICATION #. 018-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick County, Virginia, to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: 1) A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. 2) All exterior lighting shall be directed on -site, and shall be non -glare so as to minimize the impact on the adjoining properties. 3) A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. 4) Applicant will install an adequate sewer line to serve the property. This line will be installed at no cost to Frederick County. 5) All driveways will be at least 150 feet apart and at least 150 feet from existing driveways. Z44� zZ7,�_ Nicholas Smart (for Roundball Partnership) NS/mks 0 r REZONING REQUEST #018-89 Roundball Associates Rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General) LOCATION: On Route 11, just before Route 641, on the northern boundary of the town of Stephens City. Lots 1 through 6 of the Massie Subdivision directly across the street from Quick Stop and Sagers Pharmacy. MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: Residential and business uses zoned RP (Residential Performance) and B-2 (Business General) PROPOSED USE AND IMPROVEMENTS: No present plans. REVIEW EVALUATIONS: Transportation Department - No objection to rezoning of this property. Should use ever expand in the future, commercial entrances may need to be constructed to our minimum standards. Health Department - No objection as long as properties are served by central water and sewer utilities. Sanitation Authority - We do not serve this area. The closest water and sewer is 800 feet away on US Route 11. It is at the Battlefield Business Park. We do have water and sewer capacity available. Fire Marshal - Fire protection comments will be made on site plan. Inspections Department - This request shall comply to the Use Group of the BOCA National Building Code 1987 as determined at the time of plans review. Planning and Zoning - See next page. The following issues should be considered. Location: The site is located in the Urban Development Area on Route 11. Existing businesses and B-2 zoning is located across Route 11. The site is surrounded by B-2 zoning on other sides. A non -conforming motel, zoned R-P, is adjacent to the north. The site contains some non -conforming business uses. Site Suitability: The site is generally suited for business development. It is relatively level with substantial frontage on Route 11. It has sufficient depth to provide the setback needed in the front and buffer in the rear. It is the understanding of the staff that the applicant is proffering that a sewer line is being extended to serve the site. The staff does have a question about the boundaries of the rezoning. The plat provided does not include a lot shown on the County tax maps along the frontage of parcel 2 (Map 74B-double circle 10-2A). This lot is between Parcels 2 and 3 and the highway. It is the opinion of the staff that it should be included with the rezoning. Potential Impacts: Buffers and screening will be required in relation to the residential lots to the rear of this area. The minimum size buffer allowed is 50 feet which would require a landscaped screen and 6 foot fence or berm. The applicant has proffered to limit impacts from lighting. The rezoning would result in a substantial increase in the traffic generated by the site. Development in the B-2 district could result in traffic generation from the site of over 4,000 average daily trips. Traffic on this portion of Route 11 is currently over 6,000 average daily trips. This portion of Route 11 can probably handle the traffic generated but concern should be expressed for additional expansion of business uses in this area. The applicant has proffered to limit driveways and provide appropriate spacing between driveways which will lessen impacts. Conclusion: The proposed business rezoning is in a small existing business area adjacent to the Town of Stephens City. Non- conforming business uses exist on the site. It is the opinion of the staff that this is an appropriate business location because of existing land use patterns. Significant further expansions of this business area should be limited until potential traffic impacts are addressed. STAFF RECOMMENDATION: Approval with acceptance of proffers For 10/4/89 PLANNING COW4ISSION RECOMMENDATIONS OF 10/4/89: Unanimous approval with acceptance of the revised proffers dated October 2, 1989. 0 01 TOWN OF STEPHENS CITY P. 0. BOX 250 STEPHENS CITY, VA 22655-0250 lun(, 9 , 1989 Mr. Nicholas Smart Westwood Associates 10 East Clifford Street Winchester, VA 22601 Dear Mr. Smart: The Town Council at their regular monthly meeting of June 6, 1989 approved your request for an out of town sewer connection for the Precision Auto Body Shop. Final approval is to be made by this writer once a lateral design is submitted that meets specifications. Out of town sewer connection fees are $1,200.00 per connec- tion, and are due prior to use. The town must inspect and approve all connections. As you are aware, the connection for the above mentioned lo- cation is being transfered from 5050 Main Street, which was recent- ly burned by the Stephens City Fire Company. Since you are the owner of both properties you are not gaining or losing a connection. However, the sewer connection for the property at 5050 Main Street may not be utilized again until the sewer connection mor.itorium is lifted by the Virginia Water Control Board. Should you have any questions, please do not hesitate to con- tact this office. Sincerely, Michael K. Kehoe Town Administrator/Engineer Town of Stephens City MKK/hsb 0 • To: Frederick County Planning Department From: Nicholas Smart Date: July 25,1989 Re: Impact Statement concerning rezoning application. The subject property has been used for over 30 years as highway residential and the following items have been considered. Traffic- no changes as the property has been in continuous use as highway commercial. Sewage- a new 6 inch sewer main will be installed on back property line and should more than service the property. Education, parks and recreation and historic impacts are not applicable as property is not residential. Drainage- adequate drainage is available on the south end of the property by a ditch just cleaned by Virginia Department of Highways. Z9�31 � A�61989 EI�E REC ti t�O2st 8l L1.9ti���• Roundball Rezoning (18-89) SUMMARY OF TRIP GENERATION CALCULATION FOR 40 T.G.L.A. OF SHOPPING CENTER Aimpiliff"11 DRIVE AVERAGE ADJUSTMENT WAY RATE FACTOR VOLUME AVG WKDY 2-WAY VOL 102.40 1.00 4096 7-9 AM PK HR ENTER 1.76 1.00 71 7-9 AM PK HR EXIT 0.76 1.00 30 7-9 AM PK HR TOTAL 2.52 1.00 101 4-6 PM PK HR ENTER 4.74 1.00 190 4-6 PM PK HR EXIT 4.93 1.00 197 4-6 PM PK HR TOTAL 9.67 1.00 387 SATURDAY 2-WAY VOL 131.89 1.00 5276 PK HR ENTER 6.65 1.00 266 PK HR EXIT 6.39 1.00 256 PK HR TOTAL 13.04 1.00 522 SUNDAY 2-WAY VOL 115.49 1.00 4620 PK HR ENTER 0.00 1.00 0 PK HR EXIT 0.00 1.00 0 PK HR TOTAL 0.00 1.00 0 Note: A zero rate indicates no rate data available The above rates were calculated from the following equations: AWD 2-Way Vol (<200 TGLA): Ln(T) = 0.65Ln(A) + 5.92, R^2 = 0.58 AWD 2-Way Vol (200+ TGLA): T = 6371 + 27.07(A), R^2 = 0.59 7-9 AM Pk Hr Total: Ln(T) = 0.60Ln(A) + 2.40 R^2 = 0.56, 70% Enter, 30% Exit 4-6 PM Pk Hr Total (<175 TGLA): Ln(T) = 0.52Ln(A) + 4.04 R^2 = 0.581 49% Enter, 51% Exit 4-6 PM Pk Hr Total (175+ TGLA): T = 381 + 2.58(A) R^2 = 0.83, 47% Enter, 53% Exit Saturday 2-Way Vol.: Ln(T) = 0.64Ln(A) + 6.21, R^2 = 0.79 Saturday Pk Hr Total: LN(T) = 0.62Ln(A) + 3.97 R^2 = 0.83, 51% Enter, 49% Exit Sun. 2-Way Vol.: T = 3988 + 15.79(A), R^2 = 0.55 Source: Institute of Transportation Engineers Trip Generation, 4th Edition, 1987. Rouiv 1-C_. �idsor/.4� 1��ZONiN(, :OfB-B9 .Y s 74 171 4 rs RF 85 A � IT o" 625 . ' Sunrise t 649, O BA TOf VILL \„ \ Shen doah Valley Ba tist and n Ac demy i I I �_ 81 648 iN i 111111F STEPH E Nv- S A"i CITY' 631 �ALL 647 F , ­V00- IN ON elf phens cit� 7, eo L13 31 iwlff ee, Will apt ,—N DE R I 1 QO ersr > may' /� P EF •• ri ESTATES 641 0 Exit 18 OR! RO Stephens City Mennonite 101 RIDGEftF-LD ,f% 10, 6, QUO Bon Air Home 03031 72ov� AUG 1989 a � m RECEDED 2 w z Ll 9�5��� SENDER: I also wish to receive the ■ Complete items 1 and/or 2 for additional services. following services (for an ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■ Write "Return Receipt Requested" on the mailpiece below the article number 2. ❑ Restricted Delivery ■ The Return Receipt will show to whom the article was delivered and the date Consult for fee. delivered. postmaster 3. Article Addressed to: ROUNDBALL ASSOCIATES ATTN: MR. NICK SMART 217 S. WASHINGTON STREET WINCHESTER, VA 22601 5. Received By: (Print Name) 6 or X'//1,.�-f / PS Form wJ811, December 1994 4a. Article Number Z 026 785 555 4b. Service Type ❑ Registered 30 Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 9 8. Addres#e's Address (Only if requested and fee is paid) 102595-98 6-0229 Domestic Return Receipt i UNITED STATES POSTAL SERVICE First -Class MailPostage & Fees Paid USPs (�- Permit No. G-10 "EQ FF II PTi )7/0Fr�me, address, and ZIP Code in this box • J U L 2 0 1999 I OEPT, OF PLAN IMUMEWQUNTY PLANNING DEPARTMENT 107 NORTH KENT STREET WINCHESTER, VA 22601 I 7/15/99 MRC .a Q O O O co E o LL P 061 039 558 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to ROUNDBALL ASSOC./MR. N. S Street & Number 217 SOUTH WASHINGTON STREE wNGPVHESTRR,A 22601 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Rehm Receipt Showing to Whom, Date, & Addressee's Address r TOTAL Postage & Fees $ Postmark or Dale C-3/23/99 ,RT )stage stamps to article to cover First -Class postage, certified mail fee, and for airy selected optional services (See front). i want this receipt postmarked, stick the gummed stub to the right of the return leaving the receipt attached, and present the article at a post office service or hand it to your rural carrier (no extra charge). u do not want this receipt postmarked, stick the gummed stub to the right of the idress of the article, date, detach, and retain the receipt, and mail the article. u want a return receipt, write the certified mail number and your name and address im receipt card, Form 3811, and attach it to the front of the article by means of the f ends if space permits. Otherwise, affix to back of article. Endorse front of article N RECEIPT REQUESTED adjacent to the number. Du want delivery restricted to the addressee, or to an authorized agent of the ee, endorse RESTRICTED DELIVERY on the front of the article. !r fees for the services requested in the appropriate spaces on the front of this If return receipt is requested, check the applicable blocks in item 1 of Form 3811. this receipt and present it if you make an inquiry m Q) a) LO rn rn a Q E 0 tL U) a Classic Transit 4897 Valley Pike - Stephens City, VA 22655 (703) 869-1868 J. Michael �Krueger �/6/g7 / U +9SS 1 C< ' I R 4AI-S / 7- j H I O&AEG KRvFU� 'Oe-A-74 o �2 S Cl-h d �t 9 �'C5 �`o Ca 1cY� f O c-o llo uJ c i6, Coffec +oY.s ; LcP9rkA, -10 7Fz bu.sf aes�, Prr>944f7 &i1div% Q v\ U rwX6& tv J JJ 7 _ C�yv% 1J C-jag, zs Clete CL).> �Doj�r� hack V: Let & av\� q-(aV tL 40 ae j-e- n Side- C4 a_� cio-1 v, - La tiL a cd cz iso cooas4e- P6 K4 -- e.,z wit cu lac,-- a{ Oasi- sP; e ,gyp 1 � • �' 5 -40 btcje- 0, b e r zo►'t . Classic & Collectible Cars Bought & Sold Import & Sports Car Service & Sales Roundball Associates 217 South Washington Street Winchester, VA 22601 Tel. (703) 667-3555 NEW AREA CODE Fax. (703) 667-3593 (540) July 28, 1999 Mr. Mark R. Cheran Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Cheran: Your letter of July 15, 1999 has been received, and my plans for landscaping are on hold as all of the landscaping contractors tell me it would be foolish to plant anything during this current drought. I hope that in October or November I can proceed with the planting if it ever starts raining. I'll keep you notified of my progress. Sincerely, dp 57060wv Nick Smart NS:nbm RECENE® AUG 0 3 1999 DEPT, OF PLANNINGIDEVELOPMENT / v i -5 /lnq VI-1— 217 & wssWngton St ! noho, Ror, VA 22601 Roundball Associates 217 South Washington Street Winchester, VA 22601 Tel. (703) 667-3555 14Eyy AREA CODE Fax. (703) 667-3593 (540) April 5, 1999 Mr. Mark R. Cheran Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Cheran: In response to your letter of March 23, 1999, I will offer the following timetable for correcting the violations noted in your letter: (1) I will erect a primary fence between the residential zoning and the two properties located at 4897 and 4919 Valley Pike. In addition, I will plant appropriate shrubs and trees as per my proffer of November 8, 1989. (2) Both tenants have agreed to correct the violations you noted as follows: 4897 - (Krueger -Classic Transit) -- inoperable vehicles and auto parts - structures for storage of inoperatives. See his attached letter. 4919 Valley Pike - inoperable vehicles and junk. Roy Stokes assured me April lst that he would correct the problems. I expect to have the fence installed by July 1, 1999, and the landscaping done as soon after as weather permits. If you have any questions concerning this matter, please do not hesitate to contact me. Sincerely, RECEIVE® Nick Smart NS : nbm APR 0 8 1999 DEPT, OF PLANNING/DEVELOPMENT I March 23,1999 Roundball Associates Attn: Mr. Nick Smart 217 South Washington Street Winchester, Virginia 22601 COUNTY of FREDERICK Depaitunent of Planning and Development 540/665-5651 FAX: 540/ 673-06432 CERTIFIED MAIL RE: Property Identification Numbers (PIN): 7413-1-3, 7413-1-4, 7413-1-5 and 7413-1-6 Zoning District: B-2 (Business General) Zoning District Dear Mr. Smart: This letter is a follow-up to the meeting held on March 16, 1999, at your properties in Stephens City. Those in attendance were you, Mr. Krueger, Mr. Lawrence and myself . We discussed zoning violations located at 4897 and 4919 Valley Pike. During this meeting, we walked around your properties to determine what zoning violations were present. After our discussion, the following violations were noted 1. Storage of inoperable vehicles and auto parts to the rear of 4897 Valley Pike identified with P.I.N. 7413-1-6. These need to be removed or placed within a totally enclosed structure. The inoperable vehicles stored in front of 4919 Valley Pike identified with P.I.N. 7413-1-3 need to be removed. Vehicles that are void of parts (engines, wheels) kept on the property need to be removed. 2. Noted violation as to the proffers in the Rezoning #018-89; this Rezoning was approved November 8,1989. These proffers have to do with landscaping of the property. This violation is located at 4897 Valley Pike identified with P.I.N. 7413-1-6. At our meeting, we discussed the need for landscaping and stockade fencing around the property. You indicated that you would plant trees at the rear of the property and erect stockade fencing around the property. 3. If structures are going to be used for storage of inoperative vehicles, they must be permanent in nature and shall be accompanied by a site plan prepared by a licensed surveyor, architect, or engineer. Please submit to me, in writing, a plan and time table to abate these violations. If you have any questions regarding this matter, do not hesitate to contact me. Sincerely, i ,Mar R. Cfieran Planner I MRC/bah cc: Classic Transit, Attn: J. Michael Krueger, 4897 Valley Pike, Stephens City, Virginia 22655 107 North Dent Street • Winchester, Virginia 22601-5000 VKD AT1aN NG. VIOLATION FACT SHEET Last Name: /615soc- First ic,K S,Z�i�,er Street Name of Violation��� Town-6�,ra,�/�.�� r , - PIN#.- Town�.J Telephone: (Home) Un- Distri Massing Address (;f dii%rent) Zip _ 1114 (won<) Recaived by. Date: Violation Type Cede: Time: Descipticn: Complainant Address: Telephone: (W) (H) Directions to Property Classic Transit 4897 Valley Pike • Stephens City, VA 22655 (703) 869- ] 868 j. Michael Krueger :5//6/9`l CL 4,< S 1 c j R 4A1,9 / 7— 3 • q i e&,1,E4 4o 110 ail Cc7 ec +oY• s �c� 9 ci -{za 14A b us! iaes�, f'-bP4<7 1� `-kesAvvte avid corst,�o% k Peii d —r��5 �� �C-reu_d� b�„ti ca,,.��-e�► �o � c�.o-�.e_ wl�� Clem 'DEN ccj:�' wle�ka.-( Pei-$441S OICK.�ai� LC V� av\� "\JtL 40 tkejv- -je'" q ro ti o d %'►�Z ��!`"/ S ore Sc�u.� ?6ti+ cues w4 rdc,& 'PJS'1de- a-'o-� Cb' cjcJ v LX- cct wL cad czlso e .e- p6 h4--- �ewlcq- 6,1C ca� wc'� cf 0&-�E;de o Y i 15 brr n,_ q b ct 2nit f— ,laj4e:��' Classic & Collectible Cars Bought & Sold Import & Sports Car Service & Sales Possible Zoning Violations Roundball Associates Property Stephens City, Va. The lot PIN # 74B-1-1, 74B-1-3, 74B-1-4, 74B-1-5, 74B-1-6 These properties are Zoned B-2 The zoning violations started with complaints in 1997(see case file 060-97). The new complaints have been received by this office in February of 1999. After receiving this complaint a field inspection was made of the property. The following observations were made on 11-12 February 1999. 1. Storage of inoperable vehicles and used auto parts in rear of property. This is in violation of 165-47 of the County Code. 2. There is a second business located at 74B-1-3 operating as a auto body shop. Noted storage of inoperable vehicles. This is a violation 165-47 of the County Code. 3. Noted a mobile home located on 74B-1-3 this is a violation of 165-2 and 165-82 of the County Code. 4. Noted violation of 165-36 as stated in re -zoning proffers 5. Noted violation of 165-37 as to buffers and screenings between two different zoning districts Possible Zoning Violations Roundball Associates Property Stephens City, Va. The lot PIN # 74B-1-1, 7413-1-3, 7413-1-4, 74B-1-5, 74B-1-6 These properties are Zoned B-2 The zoning violations started with complaints in 1997(see case file 060-97). The new complaints have been received by this office in February of 1999. After receiving this complaint a field inspection was made of the property. The following observations were made on 11-12 February 1999. 1. Storage of inoperable vehicles and used auto parts in rear of property. This is in violation of 165-47 of the County Code. 2. There is a second business located at 7413-1-3 operating as a auto body shop. Noted storage of inoperable vehicles. This is a violation 165-47 of the County Code. 3. Noted a mobile home located on 7413-1-3 this is a violation of 165-2 and 165-82 of the County Code. 4. Noted violation of 165-36 as stated in re -zoning proffers 5. Noted violation of 165-37 as to buffers and screens between two different zoning districts APPLICATION FOR REZONING • FREDERICK COUNTY, VIRGINIA Q Zoning Amendment No. (,1pU Application Date Fee Paid*4.2().:% Submittal Deadline P/C Meeting: B/O/S Meeting: is 1. APPLICANT (The applicant is the owner other (check one) NAME: Roundball Associates - a Virginia Partnership ADDRESS:10 East Clifford Street Winchester Virginia 22601 TELEPHONE: (703) 667-3555 -- 2. Please list all owners of the property or parties in interest: Nicholas Smart and John Marino, MD partners in Roundball. 3. The property sought to be rezoned is located at (please give exact directions) On Route 11 just before Route 641 on the northern bo ndry of the town of Stephens City. Lot 1 thru 6 of the Massie Subdivision directly across the street from Quick Stop and Sagers Pharmacy. 4. The property has a frontage of 536 . 50feet and a depth of 200 feet and consists of 2.82 acres. (Please be exact) 5. The property to be rezoned is owned by Roundball Associates as evidenced by deed from See Deeds recorded in deed book no. on page , registry of the County of Frederick 6. 21-Digit Property Indentification No: Magisterial District: Opeguon 74900-001-0000--0000-00010- 7. It is requested that the property be rezoned from R P to B-2 8. It is proposed that the property will be put to the following use: No present plans - 9. It is proposed that the following buildings will be constructed: None 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] 1\AI"lL 1, Helen & Willis Moore Address: 5056 Main St., Stephens City, VA Property ID#: 7400-A00-0000--0000-0076A 2. Hartsell & Doris Brown Address: Route 1, Box 156-F, Stephens City,VA. Property ID#: 9300-A00-0000-0000-0072 3. James & Lucille Calhoun Address: Route 2, Box 100•-A, Stephens City, VA. Property ID# 74B00-001-0000-0000-0070 4, Address: Roger & Joan Sager Route 2, Box 100, Stephens City, VA. Property ID#: 85000-A00-0000-0000-00170 � I 3037 7 AUG 1989 T co AU� to VIP ke.1 -.9-1 Ll 9ts V'- / Page' Two Rezoning 0 5. Dallas Est. & Nellie Address: 5044 Massie St. Stephens City, -VA. Property ID#: Wilkins 44B00-002-0000-0000-00480 6. Katherine Yancie Address: P.O. Box 511 Stephens City, VA. Property ID#: 86000-A00-0000-0000-0143A 7. Paul Shifflett Address: 5032 Massie St., Stephens City, VA. Property ID#: 74B00-002-0000-0000-00450 g. Warren Lee Sr. & Elvera M. Coffey Address: 9233 Oklahoma Dr., Fairfax VA 22051 Property ID#:L#.47:74B00-002-0000-0000-004 #.46:74B000-002-0000-0000-00460 9. Earl & Bertha Borrow Address: 5052 Massie St., Stephens City, VA. Property ID#: 74B000-002-0000-0000-00490 10. Robert & Patricia Whitcare Address: 5060 Massie St, Stephens City, VA. Property ID#L .50:74B00-002-0000-0000-0050 L#.51:74B00-002-0000-0000-00510 11. Additional comments, if any 70, 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 Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant:: Roundball Associates Signature of Owner: Owners' Mailing Address: 10 East Clifford St. Owners' Telephone No: 703 ) 667-3555 For Office Use Only Nicholas Smart Winchester, Virginia 22601 PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) V/ 7pprovaAl I� Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 1 A ---- -.1 17 rani nl COUNTY ADMIN. (signed) 30 ,-" AUG 1989 NRalvco N O A ore." %7 i �Ac.-cogc in �tJ a ' 13 0 AY/ � �0 '70ri - 41 9 / O.5 2.7 r4- /9,C3cJ8� 3 2.5 8 (3 a 16, 4 / ro • I iJ.�s W eQo S 0 � /01 JQ0.S � "' \ 7 J/.5 - 2.I1/5 .S J - 22,e .3.0 24,,s7o Ja.i 2. GT5tTs 256.5 �0 r I� /li 8 W. 232 S C904._s'w z10 o O a 0 2 S �? h V I i � Al 20�E i44 '7 /0 2 0 �O y3 �t. N ON i /640 o LL Mp• E3 f J.A 5ue5o)vislor /A S�T�PN�Ns Clry V/'Z 6 Cl t 1 t :io N 4rol `i rA .04OW '?a 'AUG 198, �co RECEIVED i ��st 8l L L 91.5�'0 � n I OCT - 21989 REZONING PROFFERS APPLICATION #. 018-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick County, Virginia, to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: 1) A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. 2) All exterior lighting shall be directed on -site, and shall be non -glare so as to minimize the impact on the adjoining properties. 3) A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. 4) Applicant will install an adequate sewer line to serve the property. This line will be installed at no cost to Frederick County. 5) All driveways will be at least 150 feet apart and at least 150 feet from existing driveways. MP','gW'A_' Poll Nicholas Smart (for Roundball Partnership) NS/mks 1 1(^= M V R 0- REZONING PROFFERS I APPLICATION #. 018-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick County, Virginia, to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: 1) A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. 2) All exterior lighting shall be directed on -site, and shall be non -glare so as to minimize the impact on the adjoining properties. 3) A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. 4) Applicant will install an adequate sewer line to serve the property. This line will be installed at no cost to Frederick County. 5) All driveways will be at least 150 feet apart and at least 150 feet from existing driveways. ZdV4101 Z�77�_ Nicholas Smart (for Roundball Partnership) NS/mks 0 i REZONING PROFFERS APPLICATION #. 018-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick county, Virginia to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: 1). A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. 2). All exterior lighting shall be directed on -site and shall be non -glare so as not to minimize the im-pact on the adjoining properties. 3). A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. 4). Applicant has permission to install an 8 inch sewer line from Massie Street to the far north end of the property. This would allow all the homes on the west side of Massie Street to convert to the new line and thus eliminate a problem. This sewer line will be installed at no expense to Frederick County. 5). All driveways will be at least 150 Ft. apart and at least 150 Ft. from existing driveways. Nick Smart John Marino Roundball Partnership NS/mjo ��[Mw� rl; ;; SEP 2 8 1989 C • Mr. Robert W. Watkins Frederick County Planning 9 Court Square Winchester, Virginia 22601 Dear Mr. Watkins, September 25,1989 RE: Rezoning application #. 018-89 Enclosed are the proffers for the above referenced rezoning application. The proffer statement contains the original signatures of all the property owners. Should you require any additional information, please do not hesitate to contact me. Sincerely, ;�'4'- Nick Smart NS; mj o Enclosure D ��► ; �p2s� __1 0 • WESTWOOD ASSOCIATES. INC. 113 Realtors REALTORt 10 East Clifford Street Winchester, Virginia 22601 October 13,1989 Bob Watkins Director of Planning Frederick County 9 Court Square Winchester, Virginia 22601 RE: Application 018 - 89 Dear Mr. Watkins; 703-667-3555 Enclosed is a copy of the deed from Fred Simmons conveying to Roundball the lots 2 & 3 of the Massie Subdivision along with the small strip next to the highway that should be included in the rezoning request. The plat on the last page should be the property that is you need anything else. NS/mjo includes the small strip and being rezoned. Please call if Si ere y, Nick Smart BK710GGO91 v C BK709BG617 DEED THIS DEED, made and entered into this .34 day of kAiL , 1989, by and between FRED RAY SIMMONS and ALICE SIMMONS, husband and wife, Grantors, herein called Grantors, and ROUNDBALL ASSOCIATES, A Virginia Partnership, Grantee, herein called Grantee, of /D r,%` Virginia. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, all those three (3) certain parcels of land, collectively containing 1.034 acres, more or less, fronting on the East side of Route 11 in Frederick County, Virginia, more particularly described by a plat prepared by Thomas A. Shockey, L.S., attached hereto as Exhibit A and by this reference made a part hereof; and being the same property conveyed as a .177 acre parcel (formerly part of the Highway system) and as Lots 2 and 3 of Mrs. Benjamin Massie's Subdivision (the plat of which is attached to a deed recorded in the Clerk's' -Office of the Circuit Court of Frederick County, Virginia, in Deed.Book 200, at Page 262). The'aforesaid.r'6d l estate is the identical real estate which was conveyed to Fred Ray Simmons, by deed dated the 28th day of August; 1977, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 479, Page 01. 1 It_ Reference is he5Kb7y0m%95 U the aforesaid plats, deed, and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements, and rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: i (SEAL) FZZD RA SIMMO r&") -)-;&-)X7 yLn (SEAL) ALICE C. SIMMONS STATE OF `JIRG NIA COUNTY OF ; [� ' �'l.�l� , TO -WIT: The foregoing:instrument was acknowledged before me this day of L� 1989, by Fred Ray Simmons and Alice C . Simmons, husband . and w e . I/ , 6 Notary Public My Commission Expires:. VIRGINIA: FREDERIC"K COUNT Y, S.CT. This instrument of writing w s prori�c::ci ic; nr:. O 1 at , -a . day of l - e d and with certificate of a nowledgment thereto I� was admitted to record. Tax imposed by Sec. 58-:�.1 of 1 $ and 58-54 have been paid , if assessable. - �I CLERK I I I LG.JRON PIPE vA• ce— — P — POLE J r.. Z LOTS FRON-Ahl �N�IA5 E I STREET N 19• 08� 16'� E — 306757CONC. Mort s ego 1 � s 40 Z o 1.034 AC. —P— ARC 164.46'_ U.S. ROUTE II — 80' R/W tjPULE O 1 . 60 o O ev I THIS IS TO CERTIFY THAT ON AUGUST 18, 1977, I MADE AN ACCURATE SURVEY OF THE PRE- o} h' c � MISES SHOWN HEREON AND THAT - - mot,, ' ! itJTY, CT. c TtVOMAS A.SHO^K THERE ARE NO EASEMENTS OR T'r,;S i. watt pl-aiu�x. dr (LiCENSE) No. ENCROACHMENTS VISIBLE ON 1 n;,, ,,;. ; ;, _�_�` _;a3y �2�_, 1271 THE GROUND OTHER THAN THOSE 1 .« :S`���, �:r.0 wit, h eertific.a'e lqN p SuRgoo:�k w • ��, ti,erai,� �t mexed HEREON. SHOWN H Ft - - ----, CLERK ' EXHIBIT A +. I NO NAME ON FILE `Y 74000-A00-0000-0000-0076-A MOOREt HELEN J. VALLEY PIKE 5056 MAIN STREET ----- STEPHENS CITY, VA. 22655 - — - - 9300.-A00-0000-00t00-0072-0 BROWN, HARTSELL L. E DORIS C. CANTERBURG RT. 1 BOX 156-F STEPHENS CITY, VA. -- 22655 .� NO NAME ON FILE ** 85000-A00-0000-0000-0017-0 CAMPBELLt WALTER Re VALLEY PIKE & ANNETTE H. RT. 1 BOX 37 _' -- STEPHENS CITY, VA. 22655 - - - - - ��- NO NAME ON FILE -- 86000-A00-0000-0000-0143-A YANCEYt KATHER.INE S. W. P, ROAD -------- ------- --- -- - _ -- n , O . BOX 511 STEPHENS CITY, VA. 22655 RUN DATE: 09/05/89 FREDERICK COUNTYt VIRGINIA PLANNING & DEVELOPMENT LABEL LIST NAME/ PROPERTY MAP NO* /ADDRESS DESCRIPTION -_---'-- - - - - - - - - - - - ----------- 74BOJ-002-0000-0000-0045-0 SHIFFLETT, P. A. MAS.SIE L45 5032 MASS.IE STREET STEPHENS CITY, VA. 22655 74BOO-002-0000-0000-0046-0 COFFEYt WARREN LEE SR. MASSEY L46 ELVENA M. 9233 OKLA DR. _ FAIRFAXt VA. 22031 - - - --- - - MY NO NAME ON FILE Y� 74300-002-0000-0000-0051-0 — — WHITACRE, ROBERT L. MASSIE r--- --- -- -- PATRICIA J. LOT 52 5060 MASSIE4fR.EET - - STEPHENS Cl • VA. --- - -' 22655 .02 A2 AG 100 21.66 A2 AG 279700 56,100 i .75 A2 RS 69500 421000 11.48 RP CM 33tC30 50t700 PAGE 2 LAND IMPRcV. ACREAGE ZONE U/C VALUE. VALUE - - - - - - - - - - - - - - - - - - - ------- RP RS 7tC00 619300 RP AG 39000 RP PS 79000 279000 i AWL • • CdW10PREDERICK 9 COURT SQUARE P 0 Box 601 WINCHESTER. VIRGINIA 22601 -T Opp Yf1cf, pf" NO -�f?t V17 uc s'l, ('Jr's S � It', , NO sljh 'L 00 I'lot ftelj'�� i1n7—Sqt"tjrn in vg., Dallas Est. & Nellie Wilkins 5044 Massie St. Winchester, Va. 22601 4:g U SOSIAGE OCT 2 I LJ CJ 0 w COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 FAX 703/667-0370 October 25, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Roundball Associates Rezoning Request #018-89 To: Rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General). This property is located on Route 11, just before Route 641, on the northern boundary of Stephens City in the Opequon Magisterial Districts. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of November 8, 1989 at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/ d kg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 Earl & Bertha Borrow 5052 Massie St. Winchester, Va. 22601 0 UncWed 'ied kdd,p,: S " -e,, n 9sufficiLMt Address 10 Stich stroet- ,40 such office jW St'.`t1v - b! 00 (W remail in thm 81W OCT25-89 0 0 .2 5 L I'[ 0 • COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 October 25, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Roundball Associates Rezoning Request #018-89 To: Rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General). This property is located on Route 11, just before Route 641, on the northern boundary of Stephens City in the Opequon Magisterial Districts. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of November 8, 1989 at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 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 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 October 25, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Roundball Associates Rezoning Request #018789 To: Rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General). This property is located on Route 11, just before Route 641, on the northern boundary of Stephens City in the Opequon Magisterial Districts. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of November 8, 1989 at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, t Robert W. Watkins Director RWW/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify that the attached correspondence was mailed to the following on October 25 , 1989 from the Department of Planning and Development, Frederick County, Virginia: Mr. Nicholas Smart Roundball Associates 10 East Clifford St. Winchester, Va. 22601 MOORE9 HELEN I. 5056 MAIN STREET STEPHENS CITY9 VA. 22655 B'.',' 1WN9 HARTSELL L, & DOf?IS Co RTo 1 BOX 156--F STEPHENS CITY9 VA. 22655 James & .Lucille Calhoun Route 2, Box 1.00-A Stephens City, Va. 22655 Roger_ & Joan Sager_ Rt. 2, Box 1.00 Stephens City, Va. SH IFFLETT 9 P. A o 5032 MASSI E STREET STEPHENS C.ITY9 VA. COFFEY? WARREN LE! SR. & ELVENA M 9233 VELA DR. FAIRFAX9 VA,, Earl & Bertha Borrow 5052 Massie St. Winchester, Va. 22601 WHITACRE? R01IERT Lo 9 PATRICIA J. 5060 MASS.IE STREET STEPHENS CITY9 VA. CAMPBELL? WALTER R,, ANNETTE Ha RT9 1 BOX 37 22655 STEPHENS CITY9 VAS Dallas Est. & Nellie Wilkins 5044 Massie St. Winchester, Va. 22601 YANCEY9 KATHER'INE S. P:,O. BOX 511 STEPHENS CITY9 2 2 6 5 5%i2 , r_.. ✓ l �Cyl i Robert Wt: Watkins, Director Frederick County Dept. of Planning 22655 22031 22655 22655 STATE OF VIRGINIA COUNTY OF FREDERICK I, ._LD/,r r'�e K. G,ri r.,, L,ri/ 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 (j� -,' , j y: :J_<; j 9 `I `% has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of1989. M commission expires on e )-tCca�- • Y P /� v Jr l.' cQ-,mac_ � /�/ . NOTARY PUBLIC 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 September 20, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Roundball Associates Rezoning Request #018-89 To: Rezone 2.82 acres from RP (Residential Performance) to B-2 (Business General). This property is located on Route 11, just before Route 641, on the northern boundary of Stephens City in the Opequon Magisterial Districts. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of October 4, 1989, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, vv Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on September 20, 1989 from the Department of Planning and Development, Frederick County, Virginia: Roundball Associates 10 East Clifford St. Winchester, Va. 22601 MCORE7 Hi LcN J. 5056 1'4AIN .STREET STEPHENS CITY? VA- 22655 BROWNS HART.SELL L� F, DORIS Cd RT a 1 BOX 156-F STEPHENS CITY9 VA. 22655 James & Lucille Calhoun Rt. 2, Box 100- A Stephens City, Va. 22655 Roger & Joan Sager Rt. 2, Box 100 Stephens City, Va. YANCEYP KATHERINE S* PAOo BOX 511 STEPHENS CITYq VA. 22655 SHIFFLETI'i Pb A. 5032 M ASSIE STREET STEPHENS CITY? VA. CGFFEY9 WARREN L* SR. 8 ELVENA P1, 233 O6<LA D>:0 FAIRFAXv VAa 22655 22031 Earl & Bertha Borrow 5052 Massie St. Stephens City, Va. 22655 WHITACRE? ROBERT La PATRICIA Ja 506O �IASS.IE STREET 22655 STEPHENS CITY; VA. Dallas Est. & Nellie Wilkins 5044 Massie St. Stephens City, Va. 22655 CAt%PBELL9 'WALTER R. 8 ANNETTE H, RT. I BOX .37 STEPHENS CITY9 VA. 22655 STATE OF VIRGINIA COUNTY OF FREDERICK Robert W. Watkins, Director Frederick County Dept. of Planning 2.2655 I, Make_ k. Ga-t4,;/I , 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 �'ep�eK, be+- �2G, /9 $ % , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of yep��u�6��� , 1989. My commission expires on 7 C.P- A - 0 NO RY PUBLIC REQUEST FOR REZONING COMMENTS�\,�� Virginia Department of Transporatio'c t 1TTN: William H. Bushman, Resident Engineer , �J, .O. Boa 278, Edinburg, Virginia 22824-02781 (703) 984-4133 The local office of the Transportation Department is locatd at-y(,). 1550 Commerce Street, if you prefer to hand deliver this revs form. Applicant's name, address and phone number: ROUNDBALL ASSOCIATES C/O NICHOLAS SMART (703) 667-3555 10 EAST CLIFFORD STREET, WINCHESTER, VIRGINIA 22601 Name of development and/or description of the request: _REZONE 2.82 ACR�'S FROM R P TO B-2 Location: ACROSS FROM SAGERS PHARMACY AND THE QUICK STOP AT THE NORTH END OF STEPHENS CITY ON THE EAST SIDE OF ROUTE 11. -SEE PLAT - Transportation Department Comments: No objection to rezoning of this property. Should use ever expand in the future, commercial entrances may need to be constructed to our minimum standards. VDOT Signature and Date: / ).'�*_ 7Zc �//I (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPLAr 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, and all other pertinent information. 1 I • REQUEST FOR REZONING COMMENTS Doug Ki.racofe, Frederick County Fire Ma P.O. Boa 601, Winchester, virginia 2 (703) 665-5651 D �� 11p - 610 The Fr_ed,�ri.ck Count- Ff rya locattid at 21 Court Square Wi;ict..eif �,rou prefer to hand deliver this review form. Applicant's name, address and phone number: ROUNDBAi 7 nS, N-1GK-SI R- _ IZQ3a 667-1555 10 East Clifford Street WINCHESTER VIRGINIA ����� - Name of development and/or description of the request: REZONE 2.82 ACRES FROM R P TO B-2_ -- Location: ACROSS FROM SAGERS PHARMACY ANn T-STOP AT THE NORTH _ END OF STEPHENS CITY ON THE EAST SIDE OF ROUTE 11 -SEE PLAT - Fire Marshall Comments: Fire Marshall SiSnature & Dater (NOTICE 'rO FIRE. MA.RSHALL - PLEASE RETU N THIS'-VOR1. TO APPLICANT. ALSO, PLEASE NOTE IF FIRE COMPANY HAS BEEN CONTACT NOTICE TO APPLICANT rr i.G your responsibility to complete this, form .asMaccurately Qas possible in order to ofgyourtne Ip licationlform,clocation map, and please attach a. copy Y PP all other pertinent information. To: Frederick County Planning Commission From: Nicholas Smart Date: 8-31-89 RE: Application for rezoning The attached rezoning application is complete except for the comments of the fire department. They are very busy but promised me they would respond within the next several days. Sincerely, Nicholas Smart for Roundball Associates NS/mjo • 0 Zg3031,, AI 4 AVG 1989 RECEIVco ED ALL 9tst RE UEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Fox 601, Winchester, Virginia 22601 1 vJ) 66-`-5G5 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ROUNDBAT 7 AggC)rTATFS r4n_j-i.1GY-SMAR-T IZQ3.1-fiFi7-�SS� 10 East Clifford Street WINCHESTER. VIRGINIA_22LL- Name of development and/or description of the request: REZONE 2.82 ACRES FROM R P TO B-2 --- Location: ACROSS FROM SAQERS DNARMAC-V am T nrrr STOP AT THE NORTH END OF STE;PHENS CITY ON THE EAST SIDE OF ROUTE 11 -SEE PLAT- !- �� 1 Comments: h -� M)Lf C . %ew Signature & (NOTICE TO FIRE MIARSHALL ALSO, r IXASE NOTE lc" i''lRE Date PLEASE RETURN THIS FO 'TO APPLICANT CONTACTED.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their reviewmap�,lso, please attach a copy of your application form, locationall other pertinent information. �� 3p37 N AUG 1989 RECEIVED 0, a qts-� 4'ECEIVE0 ...., I i joF9 REQUEST FOR REZONING COMMENTS Ci.t.y of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 Tne City :.f Winchest_ r offices are located it Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ROUNDBALL ASSOCIATES C/O Nicholas Smart (703) 667-3555 10 East Clifford Street, Winchester,VA.22601 Name of development and/or description of the request: Rezone 2,/,82 acres from R P to B-2 Location: Across from Sagers Pharmacy and the Quick Stop at the north end of Stephens Cry Qn the East aide of Route 11 -SEE PLAT - City of Winchester Comments: v City Signature and Date: a (NOTICE TO CITY - PLEASE RETURN THI FO T THE APPLIC T ) NOTICE TO APPLICANT/ It is your responsibility to complete this form as accurately as possible in order to assist..the agency with their review. Please also attach a copy of your application form, location map, and all other pertinent information. i E L "I REQUEST FOR REZONING COMMENTS Winchester Regional Airport ATTN: Kenneth F. Wiegand, Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ROUNDBALL-ASSOCIATFS r iQ-1,�19ySMARM (ZQ3.Lb-h�—�s�s 10 East Clifford Street WINCHESTER. VIRGINIA_2_EZ, Name of development and/or description of the request: REZONE 2.82 ACRES FROM R P TO B-2 Location: ACROSS FROM SAGFRS kHARMAC'V A_ D T STOP AT THE NOB-Tl END OF STEPHENS CITY ON THE EAST SIDE OF ROUTE 11 -SEE PLAT - Fire Marshall Comments: See comments on reverse side. Fire Marshall Signature & Date: (NOTICE TO FIRE. MARSHALLURN BEENHC NTACTEDO)P I T. ALSO, PLEASE NOTE IF FIRE COMPANY HAS NOTICE To APPLICANT I : +-_. +-^ ".:.nnl Pte this form as accurately as It is your respori6l0j--- -s - with their review. tii�c possible in order to assist the location form, location map, and please attach a copy of y aPP all other pertinent information. • 0 The applicant shall comply with the provisions of the Frederick. County Airport Zoning District (AP-1) and the following Codes of Virginia:. r Title 15.4 Code of Virginia, Section 489 (Purpose of Zoning Ordininies) and 8tction 431.02 (Airport Safety Zoning). Title,5.1 - 25.1 Code of Virginia (Permits Required for Erection of Cer, i; a ip Structures.) Applicant must be aware that, as Winchester Regional Airport Expands services and operations, noise associated with such expansion may increase. Consideration should be given to insulating new and existing structures located within one half (1/2) mile of the end of the airport runway and 1,000 feet either, side of:,the imaginary extended center line of such runway. SUGGESTIONS: New Construction For new sound -insulated construction, design considerations often include: using brick or concrete masonry walls, staggering studs, insulation and fiberboard under interior and exterior finish,materials; installing attic space insulation; properly baffling vents: avoiding single joint t oof wharc interior, ,and exterior materials are attached to the same rafters; avoiding exposed rafter ceilings; mortar should be free of pin holes and all joints should be well sealed. Existing Construction For, rehabilitation of existing buildings, soundproofing modtifications include: replacement of existing windows with window? of greeter sound transmission coefficient (STC) rating, or adding a second layer of glass; upgrading doors and seals; -<couitiy baffling of vents; adding insulation to walls and attic_ spacesf adding another layer of wall material to existing walls, in effect creating a two -panel wall; eliminating windows and filling the space to match exterior walls. �Z93p31— 72u, '9 vi EIVED REC ti ��261 &I LL 9tiS, REQUEST FOR REZONING COMMENTS Virginia Department of Transportatio�� Al-rN: William B. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia 22824-0278 `4 �- The local office of the Transportation 1550 Commerce Street, if you prefer to form. Department is ,.ocatc: at•,-,-c hand deliver this rev Applicant's name, address and phone number: ROUNDBALL ASSOCIATES CIO NICHOLAS SMART (703) 667-3555 10 EAST CLIFFORD STREET, WINCHESTER, VIRGINIA 22601 Name of development and/or description of the request: _• REZONE 2.82 _ACRE'I FROM R P TO B-2 Location: — ACROSS FROM SAGERS PIiARMACY AND__THE QUICK STOP AT T:iE NORTH END OF STEPHENS CITY ON THE EAST SIDE OF ROUTE 11. -SEE PLAT - Transportation Department Comments: No objection to xezonirq of this property. Should use ever expand in the future, commercial entrances may need to be constructed to our mini.;num st:anJards . VDOT Signature and Date: / J._ t (NOTICE TO VDOT - PLEASE RETURN THIS NOTICE TO APPLICANT THE 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, and all other pertinent information. 0 �:�)31 'z-3 s 4 0 V�� p G�1 ti w `2pZ618t LL9���'� 0-17 a \ J REQUEST FOR REZONING COMMENTS DEL."�: y'ED c Frodet.witicheste, c�� Frederick -Winchester Health Department �C, Heenh Dept, - O�." AT`I'N: gerbert T.. S.l..,.�n.-J �� Z° *.:7 •_,.�:: _.:�y�..��r �'_> P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ROUNDBALL ASSOCIATES C/O NICK SMART (701)fi- Z3555 10 E. CLIFFORD STREET, WINCHESTER, VIRGINIA 22601 Name of development and/or description of the request: REZONE 2.82 ACRES FROM R P TO.. B=j_ T.rcation : ACROSS FROM SAGERS PHARMACY AND THE nTTIrW grip NGG_RTif END OF STEPHENS CITY ON THE EAST SIDE DE Rn1Lm^ -SEE PLAT - Health Department Comments: Health Signature and Date: (NOTICE TO HEALTH DEPT. - ASE RETURN THIS FORM TO APPLICANT-) NOTICE TO APPLICAW- 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 and all other pertinent information. • 0 RE UEST FOR REZ�NG COUNTS -y- Frederick County Sanitation AuthoritY- =6 ATPN: Flellington Jones, Engineer/Direct. P.O. Box lint ofinchester, Virginia 22�0�r (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ROUND IAT r AqgnrTATgS_Z_ n--NIGY,-SMART 10 East Clifford S WINCHESTE Name of development and/or description of the requests REZONE 2.82 ACRES FROM R P TO B-2 Locationz ACROSS FROM S"O ^RS P RMAC`Y AntiLT ST P AT. T END OF STEPHENS CITY ON THE EAST SIDE OF ROUTE 1 -SEE PLAT- -5 ----_.hn" Comments: f DD r-.]E r r 0 V 1989 � Signature & Date: (NOTICE TO FIRE MARSHALL - PL ETU N THI FORM TO APPL Gf ALSO, PLEASE NOTE IF FIRE CO Y HAS BEEN CONTACTED.) 110TICE To APPLICANT It is your responsibility to complete this form as accurately as le in order to assist the agency with m, location ir wmapl,land please attach a copy possibof your application form, all other pertinent information. i -62728 29�,o�x \N N �� 4 ��9GG 07 ) <<9`st yt vt��`o� COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer 703/ 062.061 1 July 14, 1989 To Whom It May Concern: Please be advised that taxes under the name . Of Dorothy H. and Arthur H Fulton for 1989 first half the following category/categories have been satisfied in the County of Frederick REAL ESTATE Year Description 1989 Lot 1 70 00-001-0000-0000-00010 PERSONAL PROPERTY V— C. William Orndoff, Jr. Frederick County Treasurer Sou j�, k—jau 1'. 0. Box 225 YirPnia - 22601 0 • 202933�\, 1 yU Jy�9 c, o \19! , �8I5Lbt£OZ� COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer 03/602 - 66 i i July 14, 1989 To Whom It May Concern: Please be advised that taxes under the name . Of Nicholas and Mary Smart for 1989 first half the following category/categories have been satisfied in the County of Frederick REAL ESTATE Year Description 1989 lot 4 74b00-001-0000-0000-00040 1989 lot 5 7000-001-0000-0000-00050 1989 lot 6 7000-001-0000-0000-00060 PERSONAL PROPERTY C. William Orndoff, Jr. Frederick County Treasurer S,u rt. 1'.0. [lox 225 - WHIche.,44-1. - Virginia - *22601 • 0 2029�\ w p U6'1y�9 c� 4o � o ti • COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer 0 3/002 - 001 1 TO MICA IT MAY CONCERN: All Real Estate taxes an Massie Subdivision, lots 2 and 3, and listed in the name of Bred Ray Simons, are paid in full through June 30, 1989. C. William Orndof , Jr. Treasurer P.O. Box 225 - Winchester - Virginia - 22601 BK709PG617 DEED 4 THIS DEED, made .and entered into this .3day of IL 1989, by and between FRED RAY SIMMONS and ALICE , C. SIMMONS, husband and wife, Grantors, herein called Grantors, ROUNDBALL ASSOCTATES, A Virginia Partnership, Grantee, herein and called Grantee, of /O rat Virginia. WITNESS.ETH: That for and in consideration of the sum of TEN DOLLARS I ($10.00), cash in hand paid to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, all those three (3) certain parcels of land, collectively containing 1.0.34 acres, more or less, fronting on the East side of Route 11 in Frederick County, Virginia, more particularly described by a plat prepared by Thomas A. Shockey, L.S., attached hereto as Exhibit A and by'this reference made a part hereof; and r +I being the same property conveyed as a .177 acre parcel (formerly part of the Highway system) and as Lots 2 and 3 of Mrs. Benjamin vMassie's Subdivision (the plat of which is attached to a deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 200, at Page 262). The aforesaid real estate is the identical real estate which was conveyed to Fred Ray Simmons, by deed dated the 28th day of August, 1977, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 479, Page 01. I 1 e 710PG09L Reference is heggjy0m%95 �A the aforesaid plats, deed, and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements, and -rights of way of record, if any, affecting the aforesaid real estate. - WITNESS the following signatures and seals: (SEAL) F ED RA SIMMO �XGJ 7'1�iLD (SEAL) ALICE C. SIMMONS STATE OF VIRG NIA. COUNTY OF �1���•! , TO -WIT: The foregoing instrument was acknowledged before me this day of C,L� 1989, by Fred Ray Simmons and Alice C. Simmons,husband and wi . - i Notary Public r' My Commission Expires : VIRGINIA: FREDERICK COUNTY, SCT This instrument of writing w s at ; a �F n'\. � day of l — —d and with certificate of a nowledgment thereto o^ was admitted to record. Tax imposed by Sec. 58-: of and 58-54 have been paid , if assessable. CLERK 2 L--:_ `QL►RON PIPE LETS FRON KIt; n A� E I STREET \ N 19• 08, 16" E — 306.50' o M Ad• \2O C \ 60 M o O 0 w �/ �0 c 9 o► a � tf► Q ' 1.034 AC. e I ti vA• �s � V P _ QP LE—— P — PO — ARC 164.46' .P P . B CON U.S. ROUTE II — 80' R/W POLE 'PHIS IS TO CERTIFY THAT ON AUGUST 18, 1977, I MADE AN ACCURATE SURVEY OF THE PRE— C � MISES SHOWN HEREON AND THAT -�.,� , , r T OMAS A. SKOPY, THERE ARE NO EASEMENTS OR ii;;s ._,:_ �': ting was pr�x�ur�. (LICENSE) No ENCROACHMENTS VISIBLE ON t, :;;, _�_1�.•i,iy �����_, 1271 THE GROUND OTHER THAN THOSE 1.1:S`�, ` �, + :'�::h rprttf �.'�: IgNO SURVE�O� G SHOWN HEREON. Gc�rt�i;r��'• to r ~ :. CLERK �. EXHIBIT A - VON Q� O +. I re a2930 � dU6s1989 0 (ID o / co 8�f1 gl SLbIE��'� N 0 ICJ 1CV I � ac 1 �+ ,.14 I �4 41 I EA I� .RRISON 6 JOHNSTON ATTORNEYS AT LAW WINENESTER. VIRGINIA BK709PG621 TUIS DEED, made this day of _ g�,,.J 1989, between Nicholas Smart and Mary Kathleen Smart, his wife, and John J. Marino, as if a homme sole, of the one part, hereinafter called the Grantors; and Roundball Associates, a partnership created under the laws of the Commonwealth of Virginia, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those certain tracts of land situate, lying and being just North of Stephens City, in Frederick County, Virginia, along the East side of Route 11 and being Lots 4, 5 and 6 in the Annie E. Massie Subdivision, the plat of which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 200, at Page 264; and being the one-half interest retained by Nicholas Smart and wife by deed conveyed to them by Cara Lee Brickhouse, single, by deed dated September 24, 1987 and recorded in the aforesaid Clerk's Office in Deed Book 660, at Page 231 and being the one-half interest in the property conveyed to John J. Marino, homme sole, by Nicholas Smart and wife by deed dated ti 1989 and recorded in the aforesaid Clerk's Office in Deed Book 0 01 , at Page This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. 6IK70�'PG622 The Grantors herein are entitled to receive not less than fifty percent (50%) of the profits and surplus of the Grantee partnership. WITNESS the following signatures and seals: /w4L+-� ( SEAL ) Nicholas Smart - (� 7L (SEAL) Mary Kat l T Smart (SEAL) John/'`J. M4/rino STATE OF VIRGINIA,.AT LARGE, OF V�1 nCJ1P�STer To -wit: The foregoing instrument was acknowledged before me this = day of _A Dr�� 1989, by Nicholas Smart and Mary Kathleen Smart, his wife. My commission expires Ml► Commission Eons Jmry29,1993 (SEAL) 0- Notary Public ? J'• o V1RV.; N01 F STATE OF VIRGINIA, AT LARGE, ,����� OF To -wit: The foregoing instrument was acknowledged before me this day of 1989, by John J. Marino, as if a homme sole. _ITIF�i MyCommw1onExpioesUnzy My commission expires29,1993 P.• ' ' ° �•� ��r,' (SEAL) 2RISON L JOHNSTON ATTORNEYS AT LAW INCHESTER. VIRGINIA V' • O J CA - Notary Public y> V�(,�'\' VIRGINIA: FREDERICK COUNTY, SCT. %tip N p T � P This instrument of writing was produced ,,,,,,61"" torncontic"'yof ,and with certfW ate thereto annexed was l ✓�� CLERK 9 • BMB: fmc1 4239(RE) 04-12-89 B 8,X712rG464 THIS DEED made and dated this 3_ day of i Za-,, _, 1989, by and between DOROTHY H. FULTON and ARTHUR H. FULTON, her husband, parties of the first part, hereinafter called the Grantors, and ROUNDBALL ASSOCIATES, a partnership created under the laws of the Commonwealth of Virginia, party of the second pant, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, as specific partnership property, pursuant to Title 50, Code of Virginia, as amended, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate on the East side of U. S. Highway No. 11 and the North side of "Canterburg Road" Virginia State Highway No. 641 at the Northern end of the Town of Stephens City, in Opequon Maaisterial District, Frederick County, Virginia, and being the remainder of Lot 1 of the Benjamin Massie Subdivision, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 207 at Page 92, a portion of said lot having been conveyed as more particularly described by deed record in the aforesaid Clerk's Office in Deed Book 280 at Page 194 and being the same property conveyed to Dorothy H. Fulton by deed dated August 2, 1983, from Charles M. Morrison, et ux, of record in the aforesaid Clerk's Office in Deed Book 563 at Page 463. Reference is made to the aforesaid deeds for a more particular description of the property conveyed hereby. 6K7 { 2PG465 This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable pose--ssion of the said property, free from all liens .'and encm brance• and they will grant such further assurances ,Sf title as may;? e requisite. ., ob WITNESS_:: he following signatures and seals: SEAL) DO THY LTON t'G � ti'v ( SEAL ) A THUR H. FULTON STATE OF VIRG�INIA,, 1 OF 1,1� i�l/I�S i`e- TO -WIT: I �j 'ee L� /may a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that DOROTHY H. FULTON and ARTHUR H. FULTON, whose names are signed to the foregoing Deed, dated the day of 1989• have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 3 day of f� �`.• "8$`• My commission expires1/%u'C� e : NOTARY PUBLIC CO�ijiV 7 , cn ih2 This inst'ur ent Of Vvn"inb vY4S prc= LC%j c3 r" �i.ctay of •� and wjt(, (,'::;. ,�i '�L of.`i W3S 4.. .,-- t: record. Tax impcs:d g C-="and 58-54 have been paid , CLERK mstvv5 U1 • '�'w August 2,1989 de ount lanning C ss n _ Gentlemen, It is my understanding that Mr. Nicholas Smart is planning to apply for rezoning all of the lots 1 thru 6 of the Massie Subdivision just across the street from B & M Market and Sagers Pharmacy. As I am a part owner of the properties; please be advised that Mr. Smart represents me in this matter. Sincerely, John Marino, MD JM/mjo F4V