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HomeMy WebLinkAbout004-89 Southern Fastener Co., Inc. - Shawnee District - Backfile04 r„ CO Pft�u ?r`4� COUNTY of FREDERICK Department of Planning and Development B 703/665-5650 v�N�IN/ FAX 703/667-0370 May 9, 1989 Southern Fastener Company, Inc. 6109 Frontier Drive Springfield, Virginia 22150 Dear Gentlemen: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of April 12, 1989: Approval of Rezoning Request #004-89 of Southern Fastener Company, Inc. to rezone 1/2 acre from B-2 (Business General) to B-3 (Industrial Transition) for office and warehouse for wholesale distribution of aerospace, electronic, and commercial fasteners. This property is located at 2030 Garber Road in the Shawnee Magisterial District. If you have any questions regarding your rezoning, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: rsten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court <-• William Orndoff, Treasurer I 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REZONING APPLICATION #004-89 Southern Fastener Company, Inc. Rezone 1/2 Acre from B-2 (Business General) to B-3 (Industrial Transition) LOCATION: 2030 Garber Road MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Businesses and residences zoned B-2, Business General PROPOSED USE AND IMPROVEMENTS: Office and warehouse for wholesale distribution of aerospace, electronic, and commercial fasteners. REVIEW EVALUATIONS: Virginia Dept. of Transportation - No further comment. Present commercial entrance is adequate. Sanitation Authority - This site is served by the City of Winchester. Health Department - No objection. City sewer available. City of Winchester - 2030 Garber Road presently has 1 1/2" water service and 4" sewer service. No new connection is required. Will use existing service. Usage or demand will not be increased. No objection. Greenwood Fire Company - No comment. Frederick County Fire Marshall - Fire protection comments will be made on the site plan. Inspections Department - This rezoning shall comply to Use Group "B" Business for offices, Section 303.0 and Use Group "S" Storage, Section 310.0 of the BOCA National Building Code 1987. 0 0 Planning and Zoning - Location: The parcel in question is located in an interstate interchange area and is surrounded by land either used for business uses or zoned for business use. The lot does not front on an arterial road but is on a side road. Site Suitability: The lot is currently improved for business use with an small office and parking lot. The lot is small and may not allow a great deal of business expansion. Maneuvering room for larger trucks may be limited. Sewer and water service is currently available on the site. Potential Impacts: In general, total numbers of vehicles leaving and entering a B-3 lot will be less than those from a B-2 lot. However, the types of vehicles will be different with potentially more larger vehicles accessing the B-3 lot. The lots across Garber Road are currently used for residences. Increasing larger vehicle traffic on this site may have an impact on those residences. However, all of the residences are zoned B-2. Conclusions: The location is appropriate for B-3 uses. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS approval. OF 4/5/89: Unanimous M E M O R A N D U M TO: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inspector ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins. Director SUBJECT: Review Comments On: X Rezoning DATE: March 14. 1989 Conditional Use Permit Site Plan Preliminary Master Development Plan We are reviewing the enclosed request by Southern Fastener Company, Inc. or their representative, Michael A. Frazier (703) 922-8048 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date /G/1,/may /may 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. Applicati n Date 3-Jp- Fee Paid 76 m Submittal Deadline is For the Meeting of 1. The applicant is the owner g other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: gnTTTAF:RN FASTENER CO. , INC NAME: ADDRESS: 6109 Frontier Dr. ADDRESS: 22150 TELEP ONE:-703-922-8048 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) 2030 Garber Rd. Winchester, Va. 4. The property has a frontage of 100 feet and a depth of 200 feet and consists of 1/2 acres. (Please be exact) 5. The property to be rezoned is owned b Southern Fastener Co. as evidenced by deed fromR;�yd4_ ns y,C _i ,gS recorded in deed book no. 649 on page 81 , registry of the County of Frederick 6. This property is designated as parcel no. 1A on tax map no. (g,R in the _Shawnee Magisterial District. PROPERTY IDENTIFICATION NO. (21-digit # pteaze)ti4B00001-0000-0000-0001A 7. It is desired and requested thBa the property be rezoned from B2 to 8. It is proposed that the property will be put to the following use office and Warehouse for wholesale distribution of aerospace.electronic, and commercial fasteners. 9. It is proposed that the following buildings will be constructed one 3000 sq. ft. warehouse addition 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) ►f`ijU70- 1. Address: PATRICIA BIGGS JANET ZIVIELLO 261 Shawnee Ave. Wing. Va. 22601 Property ID#: 64B00-001-0000-0000-00040 2. Address: JAMES A. AND 2028 Garber Rd. Winc. Va. 22601 Property ID#: LILLIAN D. GARBER 64B00-A00-0000-0000-00020 3. Address: J.H. YOST III ANDS 2107 Garber Rd. Winc. Va. 22601 PAULA H. Property ID# 64B00-A00-0000-0000-00030 4. Address: BLUE RIDGE BOARD 2033 Garber Rd. Winc. Va. 22601 OF REALTORS JProperty ID#: 64B00-A00-0000-0000-00040 _ Page Two Rezoning NAME 5. BUILDING ONE Address: c/o Landon Gibson White Post, Va. 22663 Property ID#: 64B00-001-0000-0000-00020 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#-: 9. _ Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: SOUTHERN FASTENER COMPANY TNr Signature of Applicant: Complete Mailing Address: 6109 Frontier T)r_ Telephone Number: 70'1_922-8045 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) �"6-",, Approval Denial SECRETARY (signe ) s I BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date), /� - d Approval Denial COUNTY ADMIN. (signed) 18 , • • BOOK 545 PACE .218 II $OI*JJJB"W ~ -- — _Ka0.00� r •—.._ O O Q Q v J � W oI I W � � O Q)I to 4tQ� l(�� OZ ! L V • � I 1 a 1 ri ' �. f CST t••i r •ci Y„ o Q3 t o ' t CO RA- IL Ai >li OLD U.S. RT. 522 . . Grid North 0 1A\ • ✓rR""AIICA FREDEMCK COUIaTY, SCT• TGis instrument of writing was produced to me on the `e ddy of "J,.- , 19 ga, , at 3 • 3 4 P m . ind with certificate of acknowledgment, thereto annexed was .1draitted to record. Tax imposed by Sec. 58-64.1 of `J •�� , and 5 D-S4 have been paid, if assessable. I t, . ""• Clerk �a ZC 63CITY OF J WINCHESTE , CITY OF WINCHESTER IN to RP 1p 76 A 2 TM « y O R.-�\ Jam\ _. � - •._ 4.... I«. - A IIP .. n (} • 1 IN. ���.. �•� 2ep 0 0 %0*1001 COUNTY of FREDERICK M E M O R A N D U M TO: Departments of Planning and Building 703/665-5650 Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inspector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: March 14, 1989 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Southern Fastener Company, Inc. or their representative, Michael A. Frazier (703) 922-8048 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: U d TZ �'l C� ✓J !> �i i J �,�7 Signature 1 Date Z- j ,P � 9 Court Square P.O. Box 601 Winchester, Virginia 22601 CAPPLICATION FOR REZONING( IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. QQ Application_ q� Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner g other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: GnnTuuRN FASTENER CO.,INC NAME: ADDRESS: E109 Frontier Dr. ADDRESS: grin Va. 22150 TELEPHONE:-7922-8048 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) 2010 aarber Rd. Winchester, Va. 4. The property has a frontage of 100 feet and a depth of 200 feet and consists of 1/2 acres. (Please be exact) 5. The property to be rezoned is owned by Southern Fastener Co. as evidenced by deed fromRxoyl+cw5i,2 1,tiiSaS recorded in deed book no. 649 on page 81 , registry of the County of Frederick 6. This property is designated as parcel no. lA on tax map no. A4R in the Shawnee Magisterial District. PROPERTY IDENTIFICATION NO. (21-digit # ptea6e)�gB1)�000-0000-000lA 7. It is desired and requested thg� the property be rezoned from _B2 to . 8. It is proposed that the property will be put to the following use nffira and Warehouse for wholesale distribution of aeroaoa 1 oni and commercial fasteners 9. It is proposed that the following buildings will be constructed one 3000 sa, ft warehouse addition 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) MAMP. 1.PATRICIA BIGGS JANET ZIVIELLO Address:61Shawnee Ave. Winc. Va. 22601 Property ID#: B00-001-0000-0000-00040 2. Address: JAMES A. AND 2028 Garber Rd. Winc. Va. 22601 LILLIAN D. GARBER Property ID#: 64B00-A00-0000-0000-00020 3. Address: J.H. YOST III AND 2107 Garber Rd. Winc. Va. 22601 PAULA H. Property ID# 64B00-A00-0000-0000-00030 4. Address: BLUE RIDGE BOARD 2033 Garber Rd. Winc. Va. 22601 OF REALTORS Property ID#: 64B00-A00-0000-0000-00040 • f Page Two Rezoning NAMF C 5. BUILDING ONE Address: c/o Landon Gibson White Post, Va. 22663 Property ID#: 64B00-001-0000-0000-00020 6. Address: Property ID#: 7• Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: SMITHFRN FASTRNPR r'nMPA ,v T ,r• Signature of Applicant: Complete Mailing Address: 61n9 Frnntiar nr SnrinQfjP-Id, Va- 221rn Telephone Number: 703-922-8n48 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) E] Approval F-1 Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) DApproval El Denial COUNTY ADMIN. (signed) V . BOOK 545 PACE 218 O ��IR I �o-4h o Wh ' 17 7, h < <' CA a M t NOI•J1'JB�E �— —••— � ' .� l' •.• Y.J. J1 X/ • OLD [GS. RT. 52Z Grid North — sco/•. % J4O, ✓.R3INlA FREDEHICK COUNTY, SCT. Tais instrument of writing was produced to me on the R day of kx,t— , 19 g a_, at 3'. 3 0 P m. tad with certificate of acknowladgmeni. thereto annexed was Jdmitted to record. Tax imposed oy Sec. 58-A.1 of $ �`� �'o , and 55-54 have been paid, if assessable. Clerk • �.�: a+,i."`,'F ,=.-4-_.�'saa%t '� .3Kr'.R^s,,t�f;" s`vt?>..�..cf,�.`,tc,�,..�"-x'�`� fd� as'iSt°�lc:�'sZy�e},s�.�s,'ts.."`��i^�'`^„'`�'�-ie+<,•i>S ri�r � z �^:��tr- s�[..:ny^,;-. ,d•�``::.»--i+i���+��,sc";�,. • TO: M E M O R A N D U M COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Inspections Department ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inspector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: March 14, 1989 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Southern Fastener Company, Inc. or their representative, Michael A. Frazier (703) 922-8048 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature ate c� y'�y 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS 703/665-5650 TO: Wellington Jones, Engineer/Director Frederick County Sanitation Authority The Old Frederick County Courthouse Located on the P.O. Box 618 second floor of Winchester, Virginia 22601 the Old Frederick (703) 665-5690 County Courthouse FROM: Robert W. Watkins, Planning Director DATE: C� SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this reauest for a k,.zc r'7�'nq ,"')-/ O- Z? A-c,--e) -/,� located at 3U hu j',,tC4Je Proposed building and improvements: r b C`- y���O7C-�l�, This comment sheet must be returned to the Frederick County Department of Planning and Develo me t, or the applicant, by 3 11-15? for the meeting of 3 Sanitation Authority Comments: /S S/ TE' /s SEAYEl� AY ZWe C/TY o V lWcl ' Es T2i4. Sanitation Signature: Applicant's Name: Address: Phone Number: 101y" 6 d °x NOTICE TO APPLICANT: It is your responsibility to contact the Frederick County Sanitation Authority for comments on your project and to return all comments as part of your application before or on the submittal deadline date. n — . n _ T r-% T')-.. rnI V;rt;rl;n - "01;O1 i COUNTY of FREDERICK REQUEST FOR COMMENTS TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 Departments of Planning and Building 703/665-5650 Local Office: 1550 Commerce Street Winchester, VA. 22601 (703) 662-8876 FROM: Robert W. Watkins, Planning Director DATE: g SUBJECT: Review Comments for Conditional Use Permit -,,"Rezoning Subdivision Site Plan Master Development Plan Please e3view this request for a / located att 5C% z�b r �', ✓.' O% Proposed building and improvements: UJe C,rL ,�t��Oc�Si'r��� �Lki/d C- l/ODa Sy . �d� i "'vr, f c 7L t'-X�` s �`ra C) �� /c�,'n a 0-A l Tel , /n,, v c ur bl�.S i ✓� S `� `�fi �-1 u 5 d� c a�-y �,0,-1 - This comment sheet must be returned to the Frederick County Department of Planning and Developm nt, or the applicant, by 3 �� S.� for the meeting of T 3 VDOT Comments: No further comment. Present commercial entrance is adequate. V D H& T Signature: �%l /`7 l/d LL�L��i�'(u�yt D a t e _/ Applicant's Name: Address: Phone Number: NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Transportation for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 9 Court Snuare - P.O. Box 601 - Winchester. Vireinia - 22601 �����-� D MF, 198� _..} .. % C COUNTY of FREDERICK D .t Departments of Planning and Building w p REQUEST FOR eZDM/ki, COMMENTS 703/665-5650 me City of Winchester, Virginia AaTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in 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: Z2 Name of development and/or description of the request: 1 Location: City of Winchester Comments: f'I r•:l' L%%1 °l/:�l/ Gc%, �� /.��'� �c-- ii''C%c�C! �'l / - /� � C'1� i �C �iy /1 City Signature and Date: u��/C� {L�/ ���/�c��i �✓ ,3-/0 (NOTICE TO CITY - PLEAS , TURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. T,e 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Zoning Amendment No. Application Date _ Fee Paid APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Submittal Deadline is For the Meeting of 1. The applicant is the owner g other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: gnnTAF.RN FASTENER CO. 7INC NAME: ADDRESS: 6109 Frontier Dr. ADDRESS: $ ri ncif i Pl d, Va. 22150 TELEPHONE:- TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) 2030 Barber Rd. Winchester, Va. 4. The property has a frontage of 100 feet and a depth of 200 feet and consists of 1 2 acres. (Please be exact) 5. The property to be rezoned is owned b Southern Fastener Co. as " evidenced by deed from F,4hard+6krfs+,'nr recorded in deed book no. 64q on page 81 , registry of the County of Frederick 6. This property is designated as parcel no. lA on tax map no. pan in the Shawnee Magisterial District. PROPERTY IDENTIFICATION NO. (21-digit N pte.u.belb4-BDIW0J-0000-0000-0001A 7. It is desired and requested thgY the property be rezoned from to 8. It is proposed that the property will be put to the following use Offinp and Warehouse or wholesale distribution of aerocnacP.Plect-tunic and commercial fasteners 9. It is proposed that the following buildings will be constructed one 3000 sq ft warehouse addition 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME . Address: PATRICIA BIGGS JANET ZIVIELLO 261 Shawnee Ave. Winc. Va. 22601 Property ID#: B -00 -0 00-0000-00040 2. Address: JAMES A. AND 2028 Garber Rd. Winc. Va. 22601 LILLIAN D. GARBER Property ID#: 64B00-A00-0000-0000-00020 3. Address: J.H. YOST III AND 2107 Garber Rd. Winc. Va. 22601 PAULA H. Property ID# 64B00-A00-0000-0000-00030 4. Address: BLUE RIDGE BOARD 2033 Garber Rd. Winc. Va. 22601 OF REALTORS Property ID#: 64B00-A00-0000-0000-00040 • 0 a Page Two Rezoning NAMF 5. BUILDING ONE Address: c/o Landon Gibson White Post, Va. 22663 Property ID#: 64B00-001-0000-0000-00020 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of owner: SQ11THRRN PARTFNFR ro MPA Tv T Nr Signature of Applicant: Complete Mailing Address: F109 Frnntiar nr Telephone Number: 703-922-AQ48 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval F-] Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) F7Approval F-1 Denial COUNTY ADMIN. (signed) 1._.J \J TO: M E M O R A N D U M COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inspector , ATTN: Mr. Douglas A. Kiracofe Greenwood Fire Company , ATTN: Mr. Walt Cunningham Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director SUBJECT: Review Comments On: X Rezoning DATE: March 14, 1989 Conditional Use Permit Site Plan Preliminary Master Development Plan We are reviewing the enclosed request by Southern Fastener Company, Inc. or their representative, Michael A. Frazier (703) 922-8048 Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS 703/665-5650 TO: Mr. Herbert L. Sluder Sanitation Engineer Frederick -Winchester Health Department Located at the P.O. Box 2056 intersection of Winchester, Virginia 22601 Smithfield Ave. & (703) 667-9747 Brick Kiln Road FROM: Robert W. Watkins, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this request for a 0 �4 6L located at o2p3 a Kd- ; q cl `.5 Proposed building ^a'nd. improvements: ()d- (� �✓Oci sty, t % �T�ori -/_o Hie- `GC%S�rny i>cC1 /�/�.` c, _C�J'I� ;�ilF�L�t' et This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by c3//0/ gf for the meeting of y/3 3 (� Health Comments: v Health Signature:Date: 3 Applicant's Name: Address: Phone Number: NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 1Z 0 9 March 29, 1989 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Southern Fastener Company, Inc. Rezoning Application #004-89 To: Rezone 1/2 acre from B-2 (Business General) to B-3 (Industrial Transition) for an office and a warehouse for wholesale distribution of aerospace, electronic, and commercial fasteners. This property is located at 2030 Garber Road in the Shawnee Magisterial District. This rezoning application will be considered by the: Frederick County Planning Commission on April 5, 1989 at 7:30 p.m. Frederick County Board of Supervisors on April 12, 1989 at 7:15 p.m Both meetings will be held 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 This is to certify that the attached correspondence was mailed to the following on March 29, 1989 from the Department of Planning and Development, Frederick County, Virginia: SOUTHERN FASTNFRS CO. INC9 6109 FRONTIER OR. SPRINGFIELDv VA. 22102 8IGGSv PATRICIA G. & JANET G. ZIVIELLO 261 SHAWNEE AVENUE WINCHESTER, VAa 22601 GARBER9 JAMES A, & LILLIAN Da 2028 GARBER ROAD WINCHESTER? VA. 22601 YOSTe J.H. III E PAULA H. 2107 GARBER ROAD WINCHE.STE_R9 VAa BLUE RIDGE BOARS) OF REALTORS• INC. 2033 GARBER ROAD WINCHESTER9 VA. 22601 22601 BUILDING ONE C/O LANGDON GIBSON WHITE POSTS VA. Robert W. Watkins, Director Frederick County Dept. of Planning 22663 STATE OF VIRGINIA COUNTY OF FREDERICK I, K. G,u,a,LW , 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 ;t(6tiC11 ? 9 / % 9 j , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this :;-%-tAt day of 161ay-pit , 1989. My commission expires on ITGTTRY PUBLIG 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 March 22, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Southern Fastener Company, Inc. Rezoning Application #004-89 To: Rezone 1/2 acre from B-2 (Business General) to B-3 (Industrial Transition) for office and warehouse for wholesale distribution of aerospace, electronic, and commercial fasteners. This property is located at 2030 Garber Road in the Shawnee Magisterial District. This rezoning application will be considered by: Frederick County Planning Commission on April 5, 1989 at 7:30 p.m. Frederick County Board of Supervisors on April 12, 1989 at 7:15 p.m. Both meetings will be held 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, / � ca-1-1 le;--w 6 � --�- - Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 0 This is to certify that the attached correspondence was mailed to the following on March 22, 1989 from the Department of Planning and Development, Frederick County, Virginia: SOUTHERN FASTNERS CO.. INC, 6109 FRONTIER DR. SPRINGFIELD, VA. 22102 BIGGSi PATRICIA G. & JANET G. Z.IVIELLO 261 SHAWNEE AVENUE WINCH ESTER? VA. 22601 GARBER, JAMES A. & LILLIAN D. 2028 GARBER ROAD WIiNCHESTE-Ri VA. 22601 YOSTY J.H. III & PAULA Hu 2107 GARBER ROAD WINCHESTERr VA. BLUE RIDGE BOARD OF REALTORSi INC. 2033 GARBER ROAD WINCHESTER' VA.. 22601 22601 BUILDING ONE C/O LANGDON GIBSON WHITE POSTS VA. Robert W. Watkins, Director Frederick County Dept. of Planning 22663 STATE OF VIRGINIA COUNTY OF FREDERICK I,-JD;Qk(L KP G'C""'Q// , 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 /{i(a.r'h a� / `l �`T , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of At arc�j , 1989. My commission expires on .S'�.p-%epw6eE- -;�) 3 , /V ci c) NOTARY PUBLIC 217 �► Box 545 PAGE W The accompanying plat represents a survey of a portion of r- �i• Lot di Garber'- Subdivi ion Th 'd bd' • • as su v*ion Going a portion of the land conveyed to'Lmerson Corporation by deed dated I August 1977 and recorded in thi Frederick County Court Clerk's Office in Deed Book 478 at Page 340. The eforementioned land fronts the Lostern Right-of-way line of Old U.S. Flouts 522 epproximately'371 Ft. North of the intersection of Now U.S. Route 522 in Shawnee District, Frederick County, Virginia and is bounded as followst Beginning at -on iron pin set in the Eastern Right -of -Way line of Old U.S. 522 and a corner to the land now or formerly J. Garber; thence with the said land of J. Garber 688'24'22"E - 200.00 Ft, to an iron pin set a corner to the said lend now or formerly J. Garber *and a corner to the land now or formerly Garber Trust and Lot 4 of the aforementioned subdivision; thence with the said Lot 4, SOI*35'38'W 100.00 Ft. to an iron pin set in the line of the said Lot4; thence with a new division line through Lot 1, N88.24'22"W - 200.00 Ft. ' .to an iron pin set, a corner to the retained portion of Lot 1 and in the aforementioned Right -of -Way line of Old U.S. Route 522; thence with the said Right -of -Way line N01•3S'38'W - 100.00 Ft. to the beginning. Conte in i rg Surveyed r 20,000 Square Ft. I May 1978 C71�i r�tlit l L,40; 1 .. 1 ,r r � I . M . # 3 9 8 6 • fb ^.UnICAU FIRSTAMERICAN 13ANK BK G PG n IRS,?. >I qIn 83 DEED OF TRUST THIS IS A DEED OF TRUST, made and entered into this 28____th day of _ Mav 19 87 , by and among Southern_Fastener Co.,__Inc_. Charles whereinafter individually and collectively called "Grantors,* and elwood. Jr.Jr_of the County Virginia, and Donald F. Arnts Virginia, Troof--Faicfax f the County of —Fairfax ustees, any one of whom may act (hereinafter individually and collectively called "Trustees"); and First American Bank of Virginia (hereinafter called "Noteholder"). WITNESSETH: that for and In consideration of the sum of TEN DOLLARS ($100o), the Grantors do hereby grant, bargain, sell and convey unto Ilse Trustees, WITH GENERAL WARRANTY OF TITLE, certain real property in the County of Frederick , State of Virginia, more particularly described as follows: All that certain lot or parcel of land, together with the Improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and being a portion of Lot 11, Garber's Subdivision, containing 20,000 square feet, said parcel of land more particularly described by plat and survey of if. Bruce F.dens, C.L.S., dated May 1, 1978, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 545, at Pages 217-218 and by this reference made a part hereof as if set out in full. Also including (but not excluding any fixtures which would ordinarily be construed as a part of the really) (a) all fixtures, machinery, equipment, building materials and other personal property of every nature whatsoever now or hereafter located in or on, or used, or intended to be used, in connection with the operation of the above described property, including, without limitation, any and all storm sashes, storm doors, vestibules, wire screens, wire doors, window shades, awnings, trees, shrubs, oil burner or other furnace equipment, domestic hot water boiler and equip- ment, and refrigerators, and stoves, used In the building upon said premises and all replacement of and additions to the foregoing, at the time of the execution of [his Deed of Trust, or hereafter erected thereon, including, as well, all apparatus and fixtures and every description of watering, healing, ventilating, air conditioning, and screening said premises; (b) all and singular Ilia improvements, ways, easements, rights, privileges, and appurtenances to the same belonging, or in anywise appertaining; and (c) all proceeds of the conversion, whother voluntary or Invol- untaiv of any of the above described properly, into cash or other liquid claims, including, without limitation, all awards, payrnellts or proceeds, including i',latest thereon, ,ind the right to receive same, which may be made as a result of any casualty, any exercise of the right of eminent domain i. r deed in lieu thereof, the alteration of the r grade of any street and any Injury to or decrease in the value of the : bove described property, together with all costs and expenses incurred by Ilse Nuleholder in connection with Ills collection of such awards, payments and Proceeds, including, without limitation, reasonable attorneys' lees. As further security for the debt hereby secured and the Interest thereon and all of the sums authorized to be expended by the Trustees or the Plolohofder, the Grantors hereby also ^PII, transfer and assign unto the Noteholder, prior and superior to any and all other claims or demands thereto, all leases of an part property now or hereafter existing, including all rights of [he Grantors as lessor thereunder,land the rents, issube s and income of and from the above described property accrued and hereafter to accrue, with lull power and autho- rely, at Such holder's election, to collect and give receipts in full for the same to apply all sums so collected, less a reasonable commission thereof which is hereby authorized to be paid to any agent employed by the Noteholder 10 execute the provisions of this paragraph, and after deduction also of expenditures for repairs and upkeep of said property, to the payment of indebtedness described in and secured by this Deed of Trust. There shall be no duty upon the Noteholdor, however, to exercise such election, and the Noteholder shall be accountable for only such rents, issues, and income actually collected by the Noteholder. The Noteholder may permit the Grantors at any time and from lime to time to collect said rents, issues, and income to their own use in which event the same shall in no way be deemed a waiver by, or to work an estoppel upon, the Noteholder thereafter to assert t4ote- r� 0� holder's full rights and authority hereunder, provided, further that no prepayment of any said rents, Issues, or income c� for the whole or any portion of the said property, shall be procured, or permitted, or valid, without the written con- e `= sent of the Notohotder. If, moreover, upon dofault In the payment of any amount secured by this Deed of Trust, p J Q the Grantors, or their successors In title to the property herein conveyed, shall be or remain in possession thereof, , or any part thereof, they shall be obligated to pay to the Noteholder a fair and reasonable rental for the promise$ u, to occupied so long as they remain In such possession. 11' All the teal properly and pol;.onal property described above shall be referred to in the aggregate as the "Property." 9 ri o iz U n t eaa (tom � Page 2 BK649?GO 84 IN TRUST, however, to secure to First American Bank of Virginia (a) the payment of a certain. note of even date herewith in the principal amount of ONE HUNDRED FIFTY THOUSAND AND 001100 Dollars ($ 150,000.00 ), made by Southern Fastener Co. Inc. payable to the order of Noloholdor, together with interest and ail other charges as provided In such not (such note and any renewals and extensions thoreol are hereinafter called the "Note"); (b) the performance of, or compliance with any of the covenants, conditions and agreements set forth in any commitment letter, or any other agreements executed by Grantors or any other per- sons liable for the payment of ilia Indebtedness secured by Ihis Deed of Trust; (c) the payment of all costs and expenses, including reasonable attorneys' fees incurred or paid by the Trustees or by Grantors on account of any litigation at law or in equity which may arise in respect to this Deed of Trust or the Property while this Deed of Trust continues, and of all moneys which may be advanced as herein provided for the protection of the lien and security interest of the Noteholder in and to lice Property, with interest at the rate of two percent per annum above the interest rate provided in ilia Note on all such costs and sums so advanced from the date of such advance; and (d) the performance of all the covenants and agreements of the Grantors contained In this Deed of Trust. Grantors witl not, without the prior written consent of the Noteholder, permit or suffer to exist any lien or encum- brance on the Property, or any legal or equitable interest in the Property, or any part of the Property, either inferior or superior in right to the lien of this Deed of Trust; provided, however, that if the Property is comprised of residen- tial real property containing less than five dwelling units, any provision in this Deed of Trust which prohibits the further encumbrance of the Properly subordinate to this Deed of Trust shall be of no force or effect. Grantors will not, without the prior written consent of the Noteholder, lease, bargain, sell, transfer, assign or con- vey the Property, or any portion of, or any legal or equitable interest in, the Property. If Grantors (or any of them) are not natural persons but a corporation, partnership, trust or other legal entity, thon ilia bargain, sale, transfer or assignment ul any stock, partnership interest or any beneficial Interest in Grantors (including without limitation, transfers resulting from mergers, consolidations or liquidations, and excluding transfers by devise or by operation of law) without the prior written consent of Noteholder shall be deemed to be in contravention of the provisions of the first sentence of this paragraph. Except as otherwise provided in this Deed of Trust, this Deed of Trust shall be construed in accordance with the provisions of Section 55.59 of the 1950 Code ok Virginia, as amended. Should one of the Trustees herein named die or decline or fail to execute this Deed of Trust, then the other Trustee shall have all the bile, rights, pcwers and authority, and be charged buthn any such eventt ref hereby conf erred or charged upon both, unless and until a CuTrustee be appointed; die or decline or fail to execute this trust, or for any other reason if the Noteholder shall so desire, the Noteholder is hereby authorized and empowered to appoint by an Instrument recorded whore Iris Deed of Trust is recorded, another or two other Trustees in lire place artd stead of either or both of those herein originally named or in Ilia place and stead of any other Trustee or Trustees later substituted therefor, all of whom successively shall while so acting have all the title, rights, powers and authority, and be charged with all the duties that are conferred or charged upon the Trustees herein originally named. Such powers to appoint a substilrrle Trustee or Trustees shall not be deemed exhausted by any one or more such appointments, but rather shall continue unimpaired regardless of the numbor of prior appointments, and the recitals in every appointment shall be conclusive of the facts therein stated. The Grantors covenant: to pay all taxes and assessments on the Properly when due and Immediately thereafter exhibit the ollrcial receipts to the Noteholder; to keep the improvernenls now on the Property or any that may here- after be erected insured, for sucl► coverage including fire, with extended coverage, for such amount (not less than the arnourjt of the indebtedness secured), and with such company or companies, as may be required by or accept- able to ilia Nulelrolder, and to assign the same with loss payable to ilia Noteholder, and any amount received born said insurance shall be applied in reduction or payment of the debt hereby secured or to the repair or rebuilding of the improvements, as Ilse Noteholder may direct; to pay promptly any and all sums which have or may at any time hereafler become due for labor and materials furnished in or about the construction of any improvements on the Properly, and to satisfy forthwith any indebtedness for which a notice of intention to claim mechanics' or materialmeri s lions may at any time be filed against the Property; not to do or suffer to be done anything to depreciate or impair the value of the Properly; to pay o; perform, or cause to be paid or performed, all sums secured by, and j.'t covenants and condilinns under, any other lien or doeii of trust on the Properly. whether inferior or superior ui right to this D ... 1 of Trust; and upuii delault ur neglect In the performance of any of said covenants the Note - holder may at its uption declare the , irtire Indebtedness hereby secured due and payable immediately, and may also, but shall not be required to, pay such taxes and assessment-t, and have the improvements insured. and pay and satisfy any debt for labor and materials furnished In, on, or about the Property, and take steps to prevent depreci- ation or impaimiont of the value of the Properly; and cure any default under any Interior or superior lion or deed of trust*, and all such expenses lbe secured by this Deed of Trust,, and hall bear interest al the talu of two percent perannum above the Interest rateof the rNote, alrom he da a of any suclS payment or payments. BK649PG085 Page The Grantors agree, at the option of the Noteholder, to make an additional payment to the Noteholder monthly during Ilse time that the indebtedness remains unpaid, of an amount equal to one-twellth of annual taxes and assess - moats and/or premiums for insurance on the Property. Each of ilia following shall constitute an event of Default under this Deed of Trust: (a) if there is any default.in the payment of principal or interest or any other amount due under Ilia Note when such payment is due; (b) if l there is any default in the performance or observance of, or under ing terms of, any warranty, covenant or other provision of ilia Note, Ilia Agreement or this Deed of Trust, or in the payment of any other amount secured by this Deed of Trust; or (c) if there Is any default under any other lion or encumbrance on Ilia Properly, or any legal or equitable interest In, or any part of, the Properly, either interior or superior In right to Ilia lion of this Deed of Trust. In Ilia event of Default, in addition to any other rights and remedies available to Ilia Noteholder, the Noloholdor may direct the Trustees to sell, and Ilia Trustees shall then soil, the Property at public auction for cash upon the premises, or at the front door of the court house of the county or city where the Property is loca►od or at some other place in such county or city selected by the Trustees (and a bidder's deposit of as much as 1040 of the prin- cipal then due on the Note may be required), after advertising the time, terms and place of sale in at leis/ two weekly issues of some newspaper either published or having general circulation in such county or city, at the dis- cretion of the Trustees, and shall convoy the same to, and at the cost of, the purchaser, who shall not be required to see to the application of ilia purchase money, and from the proceeds of the sale, shall pay, unless otherwise provided by applicable law, first, to discharge the expenses of executing this Dead of Trust, including a commission to Ilia Trustees of live percent of Ilia gross proceeds of sale; secondly, to discharge all taxes, levies, and assess- merrls, with costs and interest if they have priority over the lien of this Deed of Trust, including ilia the pro rala due thereof for the current year; thirdly, to discharge in the order of their priority, if any, the remaining debts and obligations secured by this Deed of Trust, and any liens of record Inferior to this Deed of Trust, with lawful interest; and fourthly. Ilia residue of Ilia proceeds shall be paid to the Grantors or their assigns; provided, however, that the Trustees as to such residue shall not be bound by any inheritance. devise, conveyance, assignment or lien of or, uprn the Grantors' equity, without actual notice thereof prior to distribution. The puwer of sale above granted may be exercised at different times as to different portions of the Properly, and it for any reason any executory contract of sale shall not be performed, than now contracts may be made with respect to Ilia same portion of Ilia Properly (with or without other portions). If Trustees deem it bosh for ally reason to postpone or continue ilia sale at any finis or from time to time, they may do so, in which event Trustees shall advertise ilia postponed sale in the same manner as the original advertisement of sale provided for in this Deed of Trust. II Ilse Property shall be advertised for sale as herein provided, and not sold, the Trustees shall be entitled to one-half of Ilia commission herein provided, plus attorneys' lees Incurred by the Trustees, to be computed on the l amount of the unpaid debt hereby secured at the time of the first advertisement. Upon payment of the Note in full and the lultillmenl and performance of all of the covenants and agreerner-, of the Note and of this Deed of Trust, then upon the request and at the cost of the Grantors, a proper release and discharge of this Deed of Trust shall be executed. Until then the Orantors and their successors in Lille to ilia Property expressly waive all rights they may have to demand interim partial or prolanto releases of this Deed of Trust. It a sale is conducted under this Deed of Trust, the persons In possession of Ilse Property so sold shall be doomed to be tonants at will of the purchaser. This Deed of Trust, to ilia extent that it relates to personal property, IS a security agreement and shall support any financing statement Mod showing the Noteholder's interest as a secured party, lionholder or creditor with respect to any personal property mentioned in such financing statement. Grantors shall pay all costs of filing such financ- ing statements and anv extensions, renewals, amendments and releases thereof, and shall pay all costs and expenses of any record searches for financing statements the Noteholder may ruasonably require. Without the prior written consent of the-Noleholder, Grantors shall not create or sullor to be created pursuant to the Uniform Commercial Code am .othor security intorest in said personal property, including replacements and additions thereto. In the event of -a Dolault under this Dyed of Trust, Ilia Noloholdor shall, in addition to all other rights and remedies herein provided, have all the remedies accorded a secured party under the Unilorm Commercial Coda. If Grantors are not the makers of the Note, then Grantors expressly (a) waive notice of any and all advances made, Iruai time to time during the continuance of this Deed of Trust, by the Noleholder to the maker of ilia Note; (b) agree that modifications to the terms of the Note, including, without limitation, modifications extending the term for payment and adjusting the interest rate, may be made from time to time between the Noteholder and the mal.er of the Note without notice to or further consent of Grantors; (c) agree that the Noteholder, without notice to or fur- thor consent of Grantors, may grant extensions of time and other Indulgences to and renow any of the obligations of (without regard to ilia number and length of such extensions, renewals or other indulgences) the maker of the Note or any other person liable thereon. Grantors further agree that the Noteholder, without notice to or further consent of Grantors, may release or discharge any persons who are or may become liable for the payment of the Note or release or discharge any other collateral for the payment of the Note and that any such release or dis- charge shall not alter, modify, release or limit the liability of Grantors under, or the validity and enforceability of, this Deed of Trust. No delay, act or failure to act by Trustees or Noteholder, however long continued, shall be construed as a waiver of any of their rights under this Dead of Trust or of any Default, 11 BK6It9PG086 Pape 4 The nouns, pronouns, and verbs used In this Deed of Trust shall be construed as being of such number and gender as the context may require. WITNESS the following signatures and seals: Acknowledgment form for corporation or partnership: NOTICE: THE DEED SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED HEREBY. GRANTORS: (SEAL) (SEAL) If a partnership or corporation: -SQUIBERN FA53ENER CQ,_jLJN (SEAL) Name of partnershi70(jco lion By:/ 7 Name of authorized represent,-, HICIIAEL A. FRAZIER Title: _BU1_RENT STATE OF VIRGINIA ) IN COUNTY OF FAIREM to -wit: The foregoing instrument was acknowledged before me this240—day of _Mlly 19_ 87 . by Hichael A. Frazier (name of authorized representative), President (litre), of Sout.t,er_n Faster o.. Inc. (name of corporation or partnership), on behalf of the, corporation or partnership. My Commission expires: Jan. 15, 1991 .�'`, � (Affix Seal) olary Public O • v SIATE OF IN OF ) to -wit: • The loregoirjQ Instrument was acknowledged before me this day of _ 19 , by . My Commission expires: (Affix Seal) Notary Public • :ns• IREDERCK 0XINI•, SCl 11) IQ I f inmi-om/•:n or wNhnq ^-A r»aruchr to "fin Iraa 12 j Sp L-� ,,._. slid Ant, r.enirrate Of xtknounodgment "rsm xnnw 3 udml7 • , rco.� TICKET NO. ZL•� � 1�!!• � -_ 2 W'A� MR TOTAL TAX DUE PENALTY INTEREST TOTAL DUE 5 DATE DUE J `, N 5' 19 3 8 TREASURER, FREDERICK COUNTY T T TICKET NO. C E- VALUE RATE TAX 53.5' .AND - 76, t 'MPROV.- 106, �R. - AX VAL. - 133, 100 I SOUTHERN FASTNERS CO. INC, 6109 FRONTIER DR. SPRINGFIELD, VA. • 22102 0 TOTAL TAX DUE PENALTY INTEREST TOTAL DUE 1 i / DATE DUE DEC. 6, 1 9,98 TREASURER, FREDERICK COUNTY • 64800-001-0000-0000-0001-A SOUTHERN FASTN R. . GARBER PART OF L1 6109 FRONTIER DR. SPRINGFIELDr VA. N • PATRICIA G. 22102 •RBER L• 64B00-001-0000-0000-0004-0 BIGGS, S JANET G. ZIVIELLO • ,+ 261 SHAWNEE AVENUE WINCHESTER, VA. 22601 64800-A00-0000-0000-0002-0 GARBERP JAMES A. 6 LILLIAN D. F. R. ROAD 2028 GARBER ROAD WINCHESTER, VA. r 22601 • 64800-A00-0000-0000-0003-0 YOST• J.H. III FRONT ROYAL ROAD E PAULA H. 2107 GARBER ROAD WINCHESTER• VA. 22601 64800-A00-0000-0000-0004-0 BLUE RTOGE BOARD F. R. ROAD OF REALTORS• TNC. 2033 GARBER ROAD • • . WINCHESTERP VA. 22601 64B00-001-0000-0000-0002-0 BUILDING ONE F. R. ROAD • C/O LANGDON GIBSON PARCEL A WHITE POST• VA. 22663 82 CM 769600 1069500 B2 AG 105.000 .56 B2 RS 109000 609700 .45 B2 RS 91,000 659 800 .66 82 RS 109000 77v000 .07 52 CM 109700 2899900