HomeMy WebLinkAbout022-89 Harry F. Stimpson, Jr. and Harry F. Stimpson III - Opequon District - BackfileRECEIPT
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FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601 • 9 COURT SQUARE
WINCHESTER, VIRGIN;A 22601
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DAY TIMERS RE -ORDER No 3221 — Printed in USA
Upon submittal of your completed application, a sign will be provided to you.1
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 receieved said sign.
SignatureA/�
"I%
REZONING CHECKLIST
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:
1� Y
VDOT
N
City of Winchester
Co. San. Auth .
13
Co. Hlth . Dept.
1� Z
Inspections Dept.
Parks & Rec.
11 2
Fire Marshall
Airport Authority
County Attorney
11)2-
2. application form Z 6. taxes paid statement
3. location map7. sign received
4. survey Z 8. fees paid
5. deed I1 Z 9. impact analysis
N,10. proffer statement
Rrc.b
TRACKING
DATE
2 p Application Received
Rezoning forwarded to consulting engineer, if required.
- Consultation held with planning staff
Rezoning reviewed by Zoning Review Committee
Adjoiner notifications mailed for PC public hearing
Rezoning heard by PC
90 Public hearing date set by BOS
/)0 ffc*/fen
Sjbnlflec- Ordinance of amendment with conditions proffered prepared
for BOS
Adjoiner notifications mailed for BOS public hearing
-/ Rezoning heard by BOS : w-4.;-N - Appro�ad=
DZ�l3-9a Zoning map amended
OZ'13�q� Rezoning records updated
V
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/667-0370
January 11, 1990
Mr. Harry F. Stimpson, Jr.
Mr. Harry F. Stimpson, III
Route 2A, Box 173B
Boyce, Virginia 22620
Dear Sirs:
This letter is to confirm action taken by the Frederick County
Board of Supervisors at their meeting of January 10, 1990.
Approval of Rezoning Application #022-89 of Harry F. Stimpson, Jr.,
and Harry F. Stimpson, III to rezone 15.035 acres from B-1
(Neighborhood Business) to B-2 (Business General). Frontage of
this property consists of 871.95 feet on east side of State Route
1012 a short distance South of the intersection of State Routes
1012 and 277, east of Stephens in the Opequon Magisterial District.
If you have any questions regarding this rezoning do not hesitate
to call this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
cc: Esten Rudolph, Commissioner of Revenue
Roy Jennings, Commissioner of Revenue's Office
George Whitacre, Clerk of Circuit Court
C. William Orndoff, Treasurer
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
REZONING APPLICATION ff022-89
Harry F. Stimpson, Jr. and Harry F. Stimpson III
Rezone 15.035 Acres
from B-1 (Neighborhood Business)
to B-2 (Business General)
LOCATION: Frontage consists of 871.95 feet on East side of State
Route 1012 a short distance South of the intersection of State
Routes 1012 and 277, East of Stephens City.
MAGISTERIAL DISTRICT - Opequon
ADJACENT LAND USE AND ZONING - Sewage treatment plant and vacant
land zonedRA, (Rural Areas), residences and vacant land zoned RP,
(Residential Performance), Business uses and vacant land zoned B-
2, (Business General)
PROPOSED USE AND IMPROVEMENTS - Orderly marketing for used
consistent with B-2 zone. No specific uses contemplated at this
time.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation -- No objection to rezoning
of this property. Before development VDOT will require a
complete set of construction plans detailing the entrance
design and drainage for review. Any work performed on the
State's right-of-way will be covered under a land use permit.
The permit is issued by VDOT and requires a fee and surety
bond coverage.
Sanitation Authority - The Sanitation Authority has water and
sewer to Stephens Village. This is directly across from the
parcel requesting rezoning. There is adequate water & sewer
capacity available.
Frederick Co. Fire Marshal - Need to know property uses when
site plan is done. No problem with rezoning to B-2. Will
also need to meet conditions of Chapter 10 of the County Code.
Inspections Department: - Shall comment on this request for
rezoning approval at time of plans review to determine the Use
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Group of the BOCA National Building Code, 1987.
Planning & Zoning - The following should be considered:
Location: The site is located in the Urban Development
Area in an interstate interchange area. Existing B-2
uses are adjacent to the north.
Site Suitability: The site is a relatively level site
with road frontage on Route 1012 and on Stickley Drive.
It is the opinion of the staff that a parcel_ this size
is too large to be suitable for B-1 zoning. The B-1,
Neighborhood Business zoning is more appropriate for
small business areas away from interchanges and in the
vicinity of neighborhoods.
Potential Impacts: Buffers and screening will be
required in relation to adjoining residential properties.
Under current regulations the traffic impacts projected
for land zoned B-2 would not exceed the projected traffic
imparts of B-1 land.
Conclusions: It is the opinion of the staff that a
parcel of this size in the vicinity of an interstate
interchange is better suited to B-2 than to B-1 zoning.
Increasing impacts resulting from the rezoning would be
projected.
Staff Recommendations - Approval
PLANNING COMMISSION RECOMMENDATIONS OF 12/6/89: Unanimous approval.
Note: No proffers were submitted with this application.
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AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission December 6, 1989
Board of Supervisors January 10, 1990
An ordinance amending the zoning district map for application #
022-89 of Harry F. Stimpson, Jr. and Harry F. Stimpson, III.
WHEREAS, Rezoning application # 022-89 of Harry F. Stimpson, Jr.
and Harry F. Stimpson, III to rezone 15.035 acres from B-1
(Neighborhood Business) to B-2 (Business General), located south
of the intersection of State Routes 1012 and 277,tax map 85,,parcels
145-0 through 147-0, in the Opequon District, was referred to the
Planning Commission on December 6, 1989; and
WHEREAS, the Planning Commission held a public hearing on this
application on December 6, 1989; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on January 10, 1989; 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 15.035 acres
from B-1 (Neighborhood Business) to B-2 (Business General), located
south of the intersection of State Routes 1012 and 277, tax map 85,
parcels 145-0 through 147-0, in the Opequon District, as described
by the application and plat submitted.
This ordinance shall be in effect upon its passage.
Passed this loth day of January, 1990.
A Copy Teste
John `fit, �Ritl.ey, Jr
Frederic-] County Admi istrator
r APPLICATION FOR REZONING'
FREDERICK COUNTY, VIRGINIA
Zoning Amendment No. Oz Z-8 Submittal Deadline is
Application Date / z P/C Meeting:
Fee PaidW B/O/S Meeting:
APPLICANT (The applicant is the X owner other (check one)
NAME: Harry F Stimpson Jr and Harry F Stimpson III
ADDRESS: Route 2f Box 173B Boyce Virginia 22620
TELEPHONE: (703) 337-1373
2. Please list all owners of the property or parties in interest:
Harry F Stimpson, Jr and Harry F Stimpson TTT
3. The property sought to be rezoned is located at (please give exact directions)
_fronting 871.95 feet on East side of State Route 1012 a short distance South
of the intersection of State Routes 1012 and 277, East of Stephens City. in
OpeQuon Magisterial pi,,-t-rict Frederick County Virginia.
range of 645.15 to
4. The property has a frontage of 871.95 feet and a depth of 725.67 feet and
consists of 15.035 acres. (Please be exact)
Harry F. Stimpson, Jr. and
5. The property to be rezoned is owned by Harry F. Stimpson. III as evidenced
by deed from The Brumback Heirs, Inc recorded in deed book no. 413 on page
303 , registry of the County of Frederick, Virginia., and by deed from Harry F.
Stimpson, Jr., Executor of the Estate of Margaret B, Stimpson, recorded in deed
book no. 683, on page 880. 85000-A00-0000-0000-01450;
6. 21-Digit Property Indentification No: 85000-A00-0000-0000-01460; and
Magisterial District: Opequon 85000-A00-0000-0000-01470.
7. It is requested that the property be rezoned from
B-1
to B-2
8. It is proposed that the property will be put to the following use:
Orderly marketing for uses consistent with B-2 Zone No specific uses_
contemplated now.
9. It is proposed that the following buildings will be constructed:
See -Paragraph 8 above.
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.
Lvru-ir,
Mary Virginia Stickley
Estep
Address: P. 0. Box 56
Stephens City, Vir2inia 22655
Property ID#:
85000-A00-0000-0000-01430
2.
Town of
Stephens City
Address: 1033 Locust Street
Ste hens Cit , Virginia 22655
Property ID :
85000-A00-0000-0000-0143A
3.
Town of
Stephens City
Address: 1033 Locust Street
Stephens City, Virginia 22655
Property ID#
85000-A00-0000-0000-0143-0
4.
Charles
W. Racey
Address: Route 3, Box 1D
Stephens City,
Property ID#: .
85000-A00-0000-0000-0140-0
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�3031
a
Page Two
Rezoning
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5.
Stephens
Associates
Address: c/o Marvin E. Poer & Co.
10384-B Democracy Lane, Fairfax, Virginia 22030
Property ID#:
85000-A00-0000-0000-0145A
6.
Scully,
Ltd.
Address: P. 0. Box 3038
Winchester, Virginia 22601
Property ID#:
85000-A00-0000-0000-0148-0
7.
Harry F.
Harry F.
Stimpson, Jr. and
Stimpson, III
Address: Route 2A, Box 173B
Boyce, Virginia 22620
85 ert�y ID#: 85000_AO-0000-Od000-01450;
g,
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
11. Additional comments, if any
A(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:
Signature of Owner:
Owners' Mailing Address: rLdv-c
Owners' Telephone No: 763 -
-
P, 6dr, 1-23 13 f3oYGE`VR22*1215
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) %Z-l1 Je
Approval I� Denial SECRETARY (signed) f`
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
X I Approval II Denial COUNTY ADMIN. (signed)
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IMPACT -STATEMENT
TRAFFIC IMPACTS: The parcel sought to be rezoned fronts
877.17 feet on the East side of State Route 1012. State Route
1012 extends Northwardly a distance of about 1,000 feet to its
intersection with State Route 277, a short distance East of
Interstate Route 81. The intersection of State Routes 1012 and
277 is controlled by traffic signals.
The parcel sought to be rezoned also abuts Stickley
Drive (extended) on its Western side which affords access from
the parcel to State Route 277 at an intersection which is not
controlled by traffic signals.
The parcel sought to be rezoned is already zoned B-1.
Rezoning to B-2 is sought. Public road access is deemed adequate
in the B-1 situation existing at present. It is thought that
rezoning to B-2 will not materially affect that situation.
SEWAGE CONVEYANCE AND TREATMENT IMPACTS: The parcel sought
------------------- ------- ------ -----
to be rezoned is served by public sewer from the Frederick County
Sanitation Authority, believed to be of adequate capacity for
normal development of the parcel under B-2 zoning restrictions.
WATER SUPPLY IMPACTS: The parcel sought to be rezoned is
--------------------
accessible to public water from the Frederick County Sanitation
Authority in an amount sufficient to sustain normal development
of the parcel under B-2 zoning restrictions.
EDUCATION COSTS: The parcel
---------------
no residentially zoned land either
to be rezoned, it is believed that
have no impact on education costs
County, Virginia.
sought to be rezoned containing
at the present or as requested
the requested rezoning would
to the Government of Frederick
PARKS AND RECREATION COSTS: There being no residential land
--------------------------
within the parcel sought to be rezoned, it is believed that the
requested rezoning will result in no impact upon parks and
recreation costs.
DRAINAGE_ FACILITY IMPACTS;,,'lApplicant does not expect that
any significant drainage facilit-y'•requirements will be created by
the granting of the rezoning requested.
D
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EMERGENCY -SE ICES -COSTS: Applicant is unaware of any
expected increase ���`emergency-+p�ervices costs resulting from the
granting of the rezols144va-fF8 id�sted.
SOLID WASTE COSTS: Applicant is advised that the permitted
-----------------
uses in Zone B-2 would not normally be expected to create solid
waste treatment costs to the Government of Frederick County,
Virginia.
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ENVIRONM_ENTAL_IM_PACTS: The permitted uses under Zone B-2
should not produce adverse environmental factors.
OTHER_FISCAL_IM_PACTS: Applicant believes that the
development of the parcel sought to be rezoned under Zone B-2
would serve to add to the tax base of the County and, therefore,
have a positive fiscal impact upon the Government of Frederick
County.
Applicant believes that the 15.55 Acre parcel sought to
be rezoned is too large to fit the Statement of Intent of the B-1
Zone of the Frederick County Zoning Ordinance. The Comprehensive
Plan contemplates an Urban Development Area at the major
intersections with Interstate Route 81, particularly those served
with water and sewer as is the case with the Applicant's land.
Extending the B-2 zoning already existing at the Southeast
quadrant of the intersection of State Route 277 and Interstate
Route 81 by rezoning Applicant's land would be consistent with
those planning goals and in keeping with good planning practice.
After achieving the proper rezoning to Zone B-2,
Applicant intends to proceed with an orderly marketing program to
develop the property in accordance with the limitations of Zone
B-2. Such development should increase the County's tax base.
HISTORIC_IMPACTS: Applicant is aware of no historical
significance attached to the parcel sought to be rezoned.
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C7
TOWN OF STEPHENS CITY HAND DELIVERED
P. 0. BOX 250
STEPHENS CITY, VA 22655.0250
December 4, 1989
Mr. Robert Watkins
Director of Planning
County of Frederick
9 Court Square
Winchester, VA 22601
Dear Mr. Watkins:
This letter will acknowledge that the Town of Stephens
City has received notice of the public hearing scheduled for
December 6, 1989 concerning rezoning of property adjacent to
the Stephens City wastewater facility.
It is the town's position to view both B-i or B-2 as
in appropriate. Zoning uses for the property is in question.
In reviewing the Frederick County Zoning Ordinance, a
113-3 designation would appear to be more compatible with the
location for the following reasons.
Stephens City wastewater plant is currently operating
under a Consent Special Order from the State Water Control
Board. The town is required to increase the capacity of the
existing facility from .160 mgd. to .250 mgd. Additional
storage capacity of the holding ponds may be required and,
therefore, the area owned by the town east of the existing
ponds may be utilized for wastewater treatment.
Any development within 600 feet of the town's property,
consisting of twelve acres, should be closely considered.
Other observations that you may consider to be out of
the town's purview, but which does effect Stephens City, is
the increasing business district along the Route 277 corridor.
�-1234ss �
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Mr. Robert Watkio •
December 4, 1959
Page Two
Traffic congestion has increased considerably in town
because f the commercial grow..h in that area without any
economic benefit to the town.
As you are aware, Route 1012 empties into a very con-
fusing intersection and it was .ot designed as a frontage
road for a major business district.
The next road east of Route 1012 also intersects Route
277 at an awkward angle and has a cross traffic pattern at
the Red Apple Store. A retail area will only increase the
hazards dt this intersection.
The town appreciates his opportunity to make comments
upon the proposed rezoning. It would appear that it is time
for the Town of Stephens City and Frederick County to perhaps
cooperate _n the future land issues that affect this community.
MKK/jjb
Sincerely yours,
TIV � � kQ_J I _� - 6 i-a--- �
Michael K. Kehoe `
Town Administrator/Engineer
Town of Stephens City
.00,1?. 3yt sS
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Ec 1989
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TOWN OF STEPHENS CITY
P. 0. BOX 250
STEPHENS CITY, VA 22655-0250
December 4, 1989
Mr. Robert Watkins
Director of Planning
County of Frederick
9 Court Square
Winchester, VA 22601
Dear Mr. Watkins:
HAND DELIVERED
This letter will acknowledge that the Town of Stephens
City has received notice of the public hearing scheduled for
December 6, 1989 concerning rezoning of property adjacent to
the Stephens City wastewater facility.
It is the town's position to view both B-1 or B-2 as
in appropriate. Zoning uses for the property is in question.
In reviewing the Frederick County Zoning Ordinance, a
B-3 designation would appear to be more compatible with the
location for the following reasons.
Stephens City wastewater plant is currently operating
under a Consent Special Order from the State Water Control
Board. The town is required to increase the capacity of the
existing facility from .160 mgd. to .250 mgd. Additional
storage capacity of the holding ponds may be required and,
therefore, the area owned by the town east of the existing
ponds may be utilized for wastewater treatment.
Any development within 600 feet of the town's property,
consisting of twelve acres, should be closely considered.
Other observations that you may consider to be out of
the town's purview, but which does effect Stephens City, is
the increasing business district along the Route 277 corridor.
Mr. Robert Watkio •
December 4, 1989
Page Two
Traffic congestion has increased considerably in town
because _f the commercial grow..h in that area without any
economic benefit to the town.
As you are aware, Route 1012 empties into a very con-
fusing intersection and it was ,ot designed as a frontage
road for a major business district.
The next road east of Route 1012 also intersects Route
277 at an awkward angle and has a cross traffic pattern at
the Red Apple Store. A retail area will only increase the
hazards at this intersection.
The town appreciates ,his opportunity to make comments
upon the proposed rezoning. It would appear that it is time
for the Town of Stephens City and Frederick County to perhaps
cooperate _n the future land issues that affect this community.
MKK/jjb
Sincerely yours,
Michael K. Kehoe
Town Administrator/Engineer
Town of Stephens City
'�� � s.Tgb►e,
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DFc 1989
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COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703 / 667-0370
December 27, 1989
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Harry F. Stimpson, Jr. and Harry F. Stimpson,
III.
Rezoning Request #022-89 To: Rezone 15.035 acres from B-1
(Business Limited) to B-2 (Business General). This property is
located on the east side of State Route 1012, south of the
intersection of State Routes 1012 and 277, east of Stephens City,
in the Opequon Magisterial District.
This rezoning application will be considered by the Frederick
County Board of Supervisors at their meeting of January 10, 1990,
at 7 : 15 p.m., in the Board of Supervisors Meeting Room, the old
Frederick County Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may
attend this meeting.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
9 Court Square
P.O. Box 601
Winchester, Virginia
22601
This is to certify the attached correspondence mailed to the following on
tecember 27, 1989 fr the Department of Planning and -velopment, Frederick
County, Virginia:
;Y F, JR� LT /ALS
VA,,
JMARY VIkG If' IA :a"f .IGr:l_+.=Y
`> T r:: P H i' S C I T Y
';
Tf ;IN CF STEPI-I NS .I Y
PI30 60X 250
STEPH"-- IS C [TYy V'
? v
2j10EYv CHAPLIES
°?T, 3 3;JX 1-0
STEPHENS CITY? VA,
STEf111=i,,a ASSOC I Ik 1 ` S
LIM-FEO PAP.TIII E tSHI II
C/O 1111AR`J I iI L= , POL_,' C ;,
10334—P 0CM0CRACY LP Nt:
EAIRFAXt VAn
? O 3 J
SCULLY L O a
P:, 0. BOX 3038
',-IINICHE.STE'. s VAx
2u0I
H r_r_v F. Sti_mnson, Jr.
Hctr1V F . S' i?n�SO�., TTT
Ri:e . __ 2 A, Box 17 3?i
Boyce, VA 2.2620
Ro ert atkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FRE/DEERICK
I, �/(��� (�G� 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 �% )0' , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this cday of %l �L(y . , 1989.
'''�l
My commission expires on `.)
UT�Zii / a� -& I � �,
NOTARY PUBLIC
0 M
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703 / 667-0370
November 22, 1989
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Harry F. Stimpson, Jr. and Harry F. Stimpson,
III.
Rezoning Request #022-89 To: Rezone 15.035 acres from B-1
(Business Limited) to B-2 (Business General). This property is
located on the east side of State Route 1012, south of the
intersection of State Routes 1012 and 277, east of Stephens City,
in the Opequon Magisterial District.
This rezoning application will be considered by the Frederick
County Planning Commission at their meeting of December 6, 1989 at
7:30 p.m., in the Board of Supervisors' Meeting Room, the old
Frederick County Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may
attend this meeting.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
9 Court Square
P.O. Box 601
Winchester, Virginia
22601
This is to certify
at the attached correspondence mailed to the following on
November 22,1989 f the Department of Planning an velopment, Frederick
County, Virginia:
tO'rm O' Sterob-e.�s City
1033 Locust St.
Stephens city, VA 22655
II rry F. Sti.papson, Jr.
Route 2A, Ro;> 1-73B
Boyce, VA 22620
Harry F. Stimpson, III
Route 2A, Box 173B
Boyce, VA 2.2620
EST!�'Pi i`IAR\Y VIA GINI�t STICK,Lc:Y
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STEPIFIEN ; C I1-Y { VA
TOWN OF I TY
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STEPH'MS C 1'ryt VAS
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J F•AIRFAXa VA,
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SCULLY LTD.
P,, O9 61-)X 3033
W1{,C1•iiFiTER v VA
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STI,IPS01VT IIAR,;,Y F, a1F',;. ;.1
A L 3 %
ROSNE.Y FARMS
BOYCE, VAS
26.11C
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
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 ( has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this pC,,� day of `�/(��(i� , 1989.
My commission expires onf(�(�(
NOTARY PUBLIC
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PAGE 3
LAND IMPROV.
ACREAGE ZONE UtC VALUE VALUE
25,50 132 AG 127t500
41 32 AG 21000
4.80 rat AG 7 t200
.45 AG A2 1r000
4.80 A2 AG 7 t 200
132-. 15
A2
AG
1:33 t 100
561 300
4,.15
B2
RS
62y300
1060/400
5,05 f?2 C V1 202,000 9291800
7.18 Rig AG 57?400
25.50 32 AG 127t5OO
,41. '32 AG 27000
Harry F. Stimpson, Jr. and Harry F Stimpson
3.
The property sought to be rezoned is located at (please give exact directions)
871.95 feet on East side of State Route 1012 a short distance South
_fronting
of the intersection of State Routes 1012 and 277, East of Stephens City. in
OpeQuon Magisterial District, Frederick County, Virginia.
range of 645.15 to
4.
The property has a frontage of 871.95 feet and a depth of 725.67 feet and
consists of 15.035 acres. (Please be exact)
Harry F. Stimpson, Jr. and v
5.
The property to be rezoned is owned by Harry F. Stimpson, III as evidenced
by deed from The Brumback Heirs, Inc recorded in deed book no. 413 on page
303 , registry of the County of .Frederick, Virginia, and by deed from Harry F.
Stimpson, Jr., Executor of the Estate of Margaret B, Stimpson, recorded in deed
book no. 683, on page 880. 85000-A00-0000-0000-01450;
6.
21-Digit Property Indentification No: 85000-A00-0000-0000-01460; and
Magisterial District: Opeguon 85000-A00-0000-0000-01470.
7. It is requested that the property be rezoned from
B-1
to B-2
8. It is proposed that the property will be put to the following use:
Orderly marketing for uses consistent with B-2 Zone No GpPrifiP ncPc
contemplated now.
9. It is proposed that the following buildings will be constructed:
See Paragraph 8, above.
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]
ueIKM
1,
Address: P. 0. Box 56
Mary Virginia Stickley
Stephens City,V'r 'n'
Estep
Property ID#:
85000-A00-0000-0000-01430
2'
Town of
Stephens City
Address: 1033 Locust Street
Stephens City, Virginia 22655
Property ID#:
85000-A00-0000-0000-0143A
3'
Town of
Stephens City
Address: 1033 Locust Street
Stephens City, Virginia 22655
Property ID#
85000-A00-0000-0000-0143-0
4'
Charles
W. Racey
Address: Route 3, Box 1D
Stephens City, Virginia
Property ID#:
85000-A00-0000-0000-0140-0
♦.?ram.
Page Two
Rezoning
NAME
5•
Stephens Associates
Address: c/o Marvin E. Poer & Co.
10384-B Democracy Lane, Fairfax, Virginia 22030
Property ID#:
85000-A00-0000-0000-0145A
6•
Scully, Ltd.
Address: P. 0. Box 3038
Winchester, Virginia 22601
Property IDYV:
85000-A00-0000-0000-0148-0
7•
Harry F. Stimpson, Jr. and
Address: Route 2A, Box 173B
Harry F. Stimpson, III
Boyce, Virginia 22620
85 erty ID��: 85000AR-_AO-0000-0000-01450;
_ _ _ _ and
8•
Address:
Property ID#:
9•
Address:
Property ID#:
10.
Address:
Property ID#:
11. Additional comments, if any
A (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:
Signature of Owner:
Owners' Mailing Address: tLdu•r•C -LA- r3o r- 1-23 13 f3o-e6 � lip, 2-2. t zo
Owners' Telephone No: 7b 3 -- St3i — t 379
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
7 Approval 17 Denial SECRETARY (signed)
6 COUNTY of FREDERICK
G William Orndoff, Jr.
Treasurer
703/002 - 661 t
To Whom It May Concern:
Please be advised that taxes under the name
of Harry F.
Stimpson, Jr., Et Als
for
the following
category/categories
have
been satisfied
in the County
of Frederick
REAL ESTATE
Year
Description
All Years
85000 A00 0000
0000
0145 0
All Years
85000 A00 0000
0000
0146 0
All Years
85000 A00 0000
0000
0147 0
PERSONAL PROPERTY
C. William Orndof Jr
Frederick County Treas rer
1'.0. Box 225 - Wini•lu-.tel Vir";inia 22601
i
v
o r'
REQUEST FOR REZONING COMMENTS
Virginia Department of Transportation
ATTN: William H. Bushman, Resident Engineer
P.O. Bog 278, Edinburg, Virginia 22824-0278
(703) 984-4133
The local office of the Transportation Department is located at
1550 Commerce Street, if you prefer to hand deliver this review
form.
Applicant's name, address and phone number:
Harry F. Stimpson, Jr. and 11arry F. Stimpson, III
Route 2A, Box 173B, Boyce, Virginia 22620 (703-837-1373)
Name of development and/or description of the request:
Rezone 15.035acres from B-1 to B-2
Location:
Fronting 671.95 feet on East side of State Route 1012,-a short distance South
of the intersection of State Routes 1012 and 277, East of Stephens City,
Opequon 'Iagisterial District, Frederick Countv, Virginia.
Transportation Department Comments:
No objection to rezoning of this property. Before development VDOT will
require a complete set of construction plans detailinp_the entrance design
and drainage for review. Any work performed on the State's right-of-way will
-coveredTE under a landuse permit. e permit is issued by my office and
requires a fee and surety bond coverage. !�
VDOT Signature and Date:
(NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPL C- T.)
NOTICE TO APPLICANT
It is y responsibility to complete this form as accurately as
possibl14rt
n order to assist the agency with their review. Also,
please ach a copy of your application form, location map, and
all other pertinent information.
00tj 6 19891
• 0
REQUEST FOR REZONING COMMENTS
Doug R.iracofe, Frederick County Fire Marshall
P.O. Bog 601, Winchester, Virginia 22601
(703) 665-5651 ;
The Frederick County Fire Marshall is located at 21 Court Square
in Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
Harry F. Stimpson, Jr. and Harry F. Stimpson, III
Route 2A, Box 173B, Boyce, Virginia 22620 (703-837-1378)
Name of development and/or description of the request:
Rezone 15.035acres from B-1 to B-2.
Location:
Fronting 871.95 feet on East side of State Route 1012, a short distance South
of the intersection of State Routes 1012 and 277, East of Stephens City,
Opequon Magisterial District, Frederick County, Virginia.
Fire Marshall Comments:
�' c' %p K��G�J /IG�(.c'/y L'SE�S (C:�>lL� SiF� z��N/l,' i S C/C".(��. •"Vc'
f
Fire Marshall Signature & Date:
(NOTICE TO FIRE MARSHALL - PLEASE RET'i THIS FORM TO APPLICANT.
ALSO, PLEASE NOTE IF FIRE COMPANY HAS BEEN CONTACTED.)
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.
��9zvz
•
REQUEST FOR REZONING COMMENTS
Frederick County Inspections Department
ATTN: Kenneth L. Coffelt, Director
P.O. Boa 601, Winchester, Virginia 22601
(703) 665-5651
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:
Harry F. Stimpson, Jr. and Harry F. Stimpson, III
Route 2, Box 173B, Boyce, Virginia 22620 (703-837-1378)
Name of development and/or description of the request:
Rezone 15.035acres from B-1 to B-2.
Location:
Fronting 871.95 feet on East side of State Route 1012, a short distance South
of the intersection of State Routes 1012 and 277, East of Stephens City,
Opequon i•Iagisterial District, Frederick County, Vir inia.
Inspections Department Comments:
TO C7 , ), ►-k24 ,v, % �i e I- e s e 0 u L' (0 l )4
Inspect. Signature & Date:
(NOTICE TO INSPECTIONS - F
X:'
/0 17_
E 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 I copy of your application form, location map, and
all other pertinent information.
cc, C4 0. A9
ti
•
REQUEST FOR REZONING COMMENTS J M9
Frederick County Sanitation Authority V
ATTN: Wellington Jones, Engineer/Director sit
P.O. Boa 618, Winchester, Virginia 22601
(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:
Harry F. Stimpson, Jr, and Harry F. Stimpson, III
Route 21, Box 1.73B, Boyce, Vir«inia 22620 (703-537-1379) _
Name of development and/or description of the request:
Rezone 15.035 acres from B-1 to B-2
Location:
Fronting 871.95 feet on East side of State Route 1012, a short distance South
of the intersection of State Routes 1012 and 277, East of Stephens City.
Opequon ,:agisterial District, Frederick County, Virginia.
Sanitation Authority Comments:
TzS 5,,4V/7/)7704/ fi,4�5 11t/.4TFi4 4 SFwFR To
5T,c�"f'�.Ciy5 Y�LG/.�.�, 7WI s /5 415,4? CTLY Af Cl? oSS JERo
Sanit. Signature & Date:
(NOTICE TO SANITATION - EASE 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, and
all other pertinent information.
g.. v
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N N N N N M N N M M N N N M* N N N" N" N N Y N• N N N N N M N N N
112
'111S BRUMBACK I1FIFS, INC.
TO: DEED
IiARRY F. .STIMPSON, JR. , FT AL "
"" Y M N N N N" N N" N if N i/ N if M" N Y•" i/ N N N N N" Y N" N
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THIS DEED, made this IZ�— day of July, 1973, between The
Brumback Heirs, Inc., a Virginia corporation, of the one part,
hereinafter called the Grantor; and Harry F. Stimpson, Jr.,
Harry F. Stimpson, III and Margaret B. Stimpson, of the other
part, hereinafter called the Grantees.
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 Granto,
I
does grant and convey, with General Warranty and with English
Covenants of Title, unto Harry F. Stimpson, Jr. an undivided
one-third interest, unto Barry F. Stimpson, III an undivided
one-third interest and unto Margaret B. Stimpson an undivided
one-third interest, in and to all of that certain tract or parcel
of land, together with all rights, rights of way, privileges and
appurtenances thereto belonging, containing eighty-two (82) acres,)
I
more or less, situated on the South side of Route 277 just East
i
of the Town of Stephens City, in Opequon Magisterial District,
Frederick County, Virginia, bounded on the North by said Route 277,,
on the North and West by the property now or formerly owned by
Pure Oil Company, on the West by Road No. 1012, on the Southwest
by the Town of Stephens City, on the South by Robert Racey and
on the East by a private lane; and being the same land conveyed
to the Grantor herein by deed from Fred I. Brumback, et al,
dated March 14, 1969, and duly recorded in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia, in
Deed Book 352, at Page 462. A reference to the aforesaid deed
and to the references contained therein is here made for a further
and more particular description of the realty hereby conveyed.
HARRISON f JOHNSTON
This conveyance is made subject to all legally enforceable
•T1D..(T/ AT l/• II
.INGN//*(/. •1. /�Y�, restrictive covenants and easements of record, if any, affecting
s
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RECEIVE
lit� v
`eoz6at `
0
304 •
BOOK 4f3 PAGE 3C�f
the aforesaid -realty.
WHEREAS, the Grantor herein has entered into easement
agreements with the Frederick County Sanitation Authority dated
February 3, 1969, June 26, 1969, and January 19, 1970, of record
in the aforesaid Clerk's Office 4n Deed Book 351, at Page 407,
Deed Book 355, at Page 158, and Deed Book 360, at Page 641,
respectively; and
WIIEREAS, the Grantor herein desires to assign all its rights
under the said agreements to the Grantees herein and the Grantees
are willing to assume all the Grantor's obligations under the
said agreements.
NOW, THEREFORE, for valuable consideration, the Grantor does
grant unto the Grantees all its right, title and interest in and
to the said three easement agreements with the Frederick County
Sanitation Authority and the Grantees do hereby assume all the
Grantor's obligations and responsibilities under said agreements.
WITNESS the following signatures and seals:
"•'�esting Seal:
Co.
J
i
1
HARRISON i JOHNSTON
ATTO..TT, AT LAN
� •IMCMI/T[A. YIA OI NIA
a
THE BRUMBACK HEIRS, INC.
By ���'r�n c +t !
President
y ��►'`µ (SEAL
Harry F Stimpson, Jr-
/L /
A L,�-r —( ( SEAL
Harry F. Stimpson, I I i
(SEAL
argar�et ". S,tichpso
—)I
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305
"AA AIAOM A "o"N'TON
A1TG0.I15 AT LA.
•I�CMIAiIA. YI.ARIA
bCnK !_1 3 i,+GE 3,05
STATE OF VIRGINIA,
COUN-Y OF FREDERICK, To -wit:
a Notary Public in and for
the State and County aforesaid, do certify that Fred I. Brumback,
whose name as President of The Brumback Heirs, Inc., is signed to
t
the foregoing writing, bearing date on the /6-" day of July,
1973 personally appeared before me this day in my said County,
behalf of the said Corporation, acknowledged
and in the name and on
the said writing as the act and deed of the said Corporation, and
made oath that he is President of the said Corporation and
that the seal affixed to said writing is the true corporate
seal of the said Corporation and that it has been affixed
thereto by due authority.
Given under my hand this /l•r� day of July, 1973.
My commission expires ? e, / �/--?•
Notary Public
STATE OF VIRGINIA,
COUNTY OF FREDERICK, To -wit:
.� . a Notary Public of and
I,
for the State and County aforesaid, do certify that Harry F.
Stimpso^, Jr., Harry F. Stimpson, III and Margaret B. stimpson,
whose names are signed to the foregoing writing, bearing date
on the le. 4z_ day of July, 1973, have acknowledged the same
before me in my State and County aforesaid.
Given under my hand this day of July, 1973.
My commission expires
Notary Pub tc
V L.:..��:...�::::,:C::
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BK683PG880 tA
THIS DEEID OF DISTRIBUTION, made and dated this M day
of June, 1988, by and between HARRY F. STIMPSON, JR., Executor
of the Estate of Margaret B. SLimpson, deceased, party of the
first part, hereinafter called the Grantor; HARRY F. STIMPSON,
1II, party of Lite socund part, hereinafter called the Grantee;
and HARRY F. S'riMPSON, JR., individually, party of the third
part.
WHEREAS, Margaret B. Stimpson died testate on September
25, 1987, seized arid possessed of an interest in the real
estate hereinafter described; and
WHEREAS, by her Last Will and Testament, recorded in the
Clerk's Office of the Circuit Court for Frederick County,
Virginia, in Will. Book •9 4, at Page 7&U" , the beneficiaries
of the decedent's estate are the party of the third part,
]carry F. Stimpson, Jr., and the decedent's only child, the
Grantee herein, Barry F. Stimpson, III, who is over eighteen
(18) years of age; and
WHEREAS, the party of the third part, by Disclaimer dated
Junc 10, 1958, and recorded in the aforesaid Clerk's Office in
L• Book at Page ��( , has disclaimed all right,
title, and interest which he may have under Article Three,
Section I of said Last Will and Testament, and in any assets
to be distributed under said Article Three, Section I; and
WHEREAS, the Executor has designated the decedent's
interest in the hereinafter real estate to pass and be
distributed under Article Three, Section I of said Last Will
and Testament; and
W11ERL•:AS, by virtue of the aforesaid Disclaimer, the
assets passing under said Article Three, Section I of said
Last Will and Testament pass to the Grantee, free of any
trust; and
I
ri
•
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Nov 1989
RICIN
IB
ki-eOZ602A,
•
i
5�683PGB81
WHEREAS, the Executor desires to distribute and convey
the decedent's interest in the property to the Grantee
pursuant to the provisions of Article Three, Section I under
said Last will and Testament and the aforesaid Disclaimer of
the party of the third part.
NOW, THEREFORE, WITNESSETH: That in consideration of the
foregoing, the Grantor makes this Deed of Distribution and
hereby grants, gives, and conveys with special warranty, unto
the Grantee in fee simple, the following described real
estate, together with all rights of way, privileges and
appurtenances thereto belonging and subject to all casements
and legally enforceable restrictions of record affecting such
realty:
TRACT ONE:
A one-third (1/3) undivided interest in •end to those two
certain lots or parcels of land, located in Opequun Magis-
terial District, Frederick County, Virginia, described as Lots
67 and 68, Ridgefield, Section Two on that certain plat and
survey by Walter L. Phillips, C.L.S., dated August 15, 1979,
attached to the Deed of Dedication of RIDGEFIELD, Section Two,
recorded in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia in Deed Book 530, at Parle 274; and
being a portion of the property conveyed to Harry F. Stimpson,
Jr., Harry F. Stimpson, III and Margaret B. Stimpson by Deed
dated July 1G, 1973 and recor.drd in the arornr.aid Clerk's
Office in Deed Bouk 413, at Paye 303.
TPArT TWn
A one-half (1/2) undivided interest in and to that
certain lot or Marcel of land containing 2.968 acres situate
on the south side of Route 277 just East of the Town of
Stepliens City, in Opequon Magisterial District, Frederick
County, Virginia, and more particularly described as Lot 2 on
that certain plat of Walter L. Phillips, C.L.S., dated June 3,
1977, and recorded in the aforesaid Clerk's Office in Deed
Book 485, at Page 456; and being the same property conveyed to
Harry F. Stimpson, Jr. and Margaret D. Stimpson, his wife, by
Deed of Exchange dated June 14, 1977 and recorded in the
aforesaid Clerk's Office in Deed Book 485, at Page 453.
TRACT TIIRF.E;
A one-third (1/3) undivided interest in and to that
certain tract %%r parcel o- land, together with all rights,
rights f way, privilege nd appurtenances thereto belonging,
,Dii 4% 13 2
BK683PG882
situate on the south side of Route 277 just East of Stephens
City, in Opequon Magisterial District, Frederick County,
Virginia, containing approximately 27.95 acres, more or less,
being the same property conveyed to [tarry F. Stimpson, Jr.,
Harry F. Stimpson, III and Margaret B. Stimpson, each being
conveyed an undivided one-third (1/3) interest, by Deed dated
July 16, 1973 and recorded in the aforesaid Clerk's Office in
Deed Book 413, at Page 303, (containing eighty-two (82) acres,
more or less), less and except:
da1. 21.658 acres as described in Deed of Dedication
ted October 25, 1977, Ridgefield, Section One, and recorded
in the aforesaid Clerk's Office in Deed Book 482, at Page 260.
2. A thirty (30) ft. strip containing .64 acre
(27,872 square ft.) as described in Deed of Dedication and
Statement of Consent to Subdivision dated June 14, 1977 and
recorded in the aforesaid Clerk's Office in Deed Book 485, at
Page 449.
3. Two tracts, Lots 1 and 2, each containing 2.968
acres, totaling 5.936 acres, as described in Deed of Exchange
dated June 14, 1977 and recorded in the aforesaid Clerk's
Office in Deed Book 485, at Page 453, with plat attached
thereto.
4. 21.67 acres (943,385 square ft.) as described in
Deed of Dedication dated December 2, 1980, Ridgefield, Section
Two, and recorded in the aforesaid Clerk's Office in Deed Book
530, at Page 274.
5. Dead dated May 13, 1985 to Stephens Associates
Limited Partnership, a Virginia Limited Partnership, conveying
4.151 acres and recorded in the aforesaid Clerk's Office in
Deed Book 593, at Page 771.
The party of the third part joins in thir, Deed of
Distribution for the sole purpose of acknowledging and
confirming his Disclaimer as aforesaid and to acknowledge the
hereinabove conveyance as a distribution to the Grantee of
assets passing under Article Three, Section I of the Last Will
and Testament of Margaret B. Stimpson, deceased.
WITNESS the following signatures and seals:
HARRY Si'IM �' (SEAL)
PjUt , JR.
Executor of the Estate of
Margaret B. Stimpson
�(SEAL)
IIARRY F STIMPSUf�, JR.
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