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Home My WebLink About006-85 Barbara A. Haines - Back Creek District - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 October 1, 1985 Ms. Barbara A. Haines Box 14, Mt. Falls Route Winchester, Virginia 22601 Dear Ms. Haines This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of September 25, 1985: Approval of Rezoning Application #006-85 of Barbara A. Haines to rezone 0.66 acres from RP (Residential Performance) to B-2 (Business General) for a licensed day care center for children. This property is located on Route 11 South in Kernstown in the Back Creek Magisterial District. If you have any questions regarding this rezoning, this office. inc ely, John R. Riley County Administrator JRR/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk please do not hesitate to call 9 Court Square P.O. Box 601 Winchester, Virginia 22601 • APPLICATION FOR 6,ONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. �8S Application Date -q-8 ' Fee Paid Submittal Deadline is0'.C{ FZ, For the Meeting of Ple,- Se -let `� ENIM 1. The applicant is the owner other X (check one) OWNER2. • dw-gorallori ADDRESS: e0,')4f)0 IUOJJI,�(A API TELEPHONE: OCCUPANT: (if other than owner) NAME: Barbara A. Haines ADDRESS: Box 14 Mt. Falls Rte. inc ester, VA 22601 TELEPHONE: 877-1027 (work: 665-3612 3. The property sought to be rezoned is located at (please dive exact directions) Route 11 South in Kernstown, first building on the right across the railroa tracks going sou used o be the wisher Property, then was a used book store. 4. The property has a frontage of 349 feet and a depth of 12916" feet and consists of .66 acres. (Please be exact) 5. The property to be rezoned is owned by Albin Corporation as evidenced by deed from Billy J. Tisinger, rus etecorded in deed book no. 578 on page 31 , registry of the County of 6. This property is designated as parcel no. 79 on tax map no. 63 in the Back Creek Magisterial District. 7. It is desired and requested that the property be rezoned from, Residential to Commercial (B-?) 8. It is proposed that the property will be put to the following use A licensed day care center for children from 6:00 AM to 6:00 PM. 9. It is proposed that the following buildings will be constructed The existing building is to be renovated according to building & fire codes, health dept codes and social services requirements for licensing, etc. 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. NAME 1. �p Address: c/o J. t'cjr� tt rveivo P?-krr dl yr �5�5, Cl -eveiand. oh;o W4112; Property ID#: c067 A 2. WuizQ R. Hirne-1(ight Address: Ry +*-3 va!:57 WiYICJ'1CZfCJ'/ YC4 �aLoi Property ID#: (P - PW - O wo - 0wo • coo -1 '� - G 3. Nv ui yov L k �P , Address: C %O �b fOmac 17o�.un5vi IIc �y-,Wn Hc--ci er s LC;--&, , (I)d TnSu-(C)-►7Ce �0 • property ID# 3 - 0000 - c000 -- oo �o 4. Address: I Property ID#: Page Two Rezoning 1�1 NAME' 5. Address: Property ID#: 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 Am requestin�licensin� from Social Services for care of approx. 30 children. Property will be fenced in for c i ren s safet except for parking lot which will be accessable only through front door. Existina par in4 lot is M 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 . . . �Li31 it C�e`J. Signature of Owner: Signature of Applican Complete Mailing Address: Box 14, Mt. Falls Rte. Winchester, VA 22601 Telephone Number: Work: (703) 665-3612 Transfer of present owner, Albin Corp to Barbara A. Haines, applicant, now in process.) For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) REZONING REQUEST #006-85 Barbara A. Haines 0.66 acres zoned RP (Residential Performance) to be rezoned to B-2 (Business General) LOCATION: Route 11 South in Kernstown MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Residential and industrial land use; and, RP (Residential Performance) and M-1 and M-2 industrial zoning PROPOSED USE AND IMPROVEMENTS: A licensed day care center for children from 6:00 a.m. to 6:00 p.m. REVIEW EVALUATIONS: City of Winchester - The property herein referred to is already connected to City water. With the dedication of the G.E. sewer service to the City, sewer is now adjacent via a public R-O-W at the north point of the triangular property. Sewer can be made available in accordance with City policy, provided same is approved by County. Inspections Department - Building to be brought into compliance with provisions of VUSBC and BOCA requirements for A-4 structures. An inspection was performed on the property and a report was submitted to Mrs. Haines. Stephens City Fire Company - No objections to rezoning. Request, in addition to the codes listed, that the Life Safety Code be followed for a day care center. VDH&T - A commercial entrance permit must be applied for and approved before the business is started. Planning and Zoning - This property is adjacent to industrial zoning on the north, east, and west, and residential zoning on the south. The west side of Route 11 South, where this property is located, is characterized as a transitional area with a mixture of commercial uses, mixed commercial/residential uses and old residential uses. • • REZONING REQUEST #006-85 Barbara A. Haines This property is located on the northern tip of the residential zone surrounded by industrial and commercial activities. Although this is the first such rezoning with the residential strip between Route 37 and Route 652, the staff would anticipate that the transition from residential to commercial uses will continue in this area. This property has had a number of limited commercial/retail activities such as an antique shop and book store over the past few years and carries a non -conforming commercial/residential status, although limited in nature. The proposed use of this property, a day care facility, does not fit within the non -conforming status of this property, therefore, requiring a B-2 (Business General) zoning change. This use as proposed should have minimal impacts on the residential properties to the south. Other uses allowed in the B-2 zone may, however, impact this area to a greater extent. Site improvements to address parking, turning and vehicular traffic patterns on site will be shown on the required site plan, should this be rezoned. STAFF RECOMMENDATIONS: Approval, due to the transitional nature of this area. PLANNING COMMISSION RECOMMENDATIONS: Unanimous approval. Page Three Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. I 2C 63 . 4. r .. •./ / // � / / % CITY or •• �„r WiMCMESTf ,n A CITY a WINCHESTEf1 /� �• -7� ' .• ua A. 2 RP IR M-,•1 Q,;� z •` A ,,�. � Tom.°MH�' �t. -.•7� ae�.: . �� 76 ry - A.2 M A a1 — JL _ - - A J n .a •9 i, � v n � '!r REPRODi_TDID AT GOVERNMENT EXPENSE I THIS DEED, made this day of June, 1984, between Billy ►J. Tisinger, Sole Acting Trustee, of the one part, hereinafter !i ii (called the Grantor; and Albin Corooration, a Virginia Corporation, !!of the other part, hereinafter called the Grantee. I �JHEREAS, Virginia LJomen's Realty Corporation, a Virginia ;(Corporation, conveyed the hereinafter described oroperty to I ;;Billy J. Tisinger, et al, Trustees, by a deed of trust dated ,July 27, 1982 and of record in the Office of the Clerk of the ,Circuit Court of Frederick County, Virginia in Deed Book 550, �I at Page 41, for the purpose of securing a bond in the amount of ;Fifty Seven Thousand Six Hundred Dollars (S57.60O.00), plus interest, payable to Margaret S. Clowser and Rebecca A. Vancieter; I� and, WHEREAS, Virginia Women's Realty Corooration, a Virginia !Corporation, defaulted on said bond and Margaret S. Clowser and ,!Rebecca A. VanMeter, beneficiaries of the aforesaid bond, ;,requested the Grantor herein to sell said oroperty pursuant to !!said deed of trust; and, WHEREAS, the Grantor herein as Sole Acting Trustee advertised IIsaid property in the Winches ter Star on May 9, 1984, May 16, 1984, May 23, 1984, May 30, 1984 and June 6, ',q84, pursuant to the „terms Ordered by the United States Bankruptcy Court for the 'LJestern District of Virginia, in an Order entered May 17, 1984: and, GJHEREAS, Albin Corooration, a Virginia Corporation, was .the highest bidder at the sale, held in accordance with the ''advertisement thereof. ,40iJ , THEREFORE_ WI71ESSETH : That for and in consideration of the sum of Ten Dollars (510.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowled,-.ed. i; R A& ICED AT GOVERNMENT EXMENSE the Grantor herein does grant and convey, with Special Warranty of Title, unto the Grantee herein, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land, lying and being situate at Kernstown, Frederick County, I t on the West side of the turnpike, between said pike and the Virginia, I; Winchester and Strasburg Railroad, being more particularly I I described as follows, to -wit: Beginning in the Glestern right of way of the Vallev Turnpike at a point marked by an iron piC'. the line of A. N. Coverstone, thence Northward with said right of wav of the Valley Turnpike 349 feet to a post in line of the. 'Jinchester and Strasburg Railroad, thence Southwestward 379 feet to an iron pin in line with said A. N. Coverstone, thence it Eastwardly 129 feet 6 inches to the beginning; and being the 11 same property which was conveyed to Virginia Women's Realty j; Corporation, a Virginia Corporation, dated July 27, 1982 from Margaret S. Clowser, et al, and recorded in the aforesaid Clerk's Office in Deed Book 550, at Page 33. This conveyance is made subject to all legally enforceable restrictive covenants, liens and easements of record affecting 1I the aforesaid realty WITNESS the following signature and seal: (SEAL) B' y J. Tisinger, Sole Acting' Trustee STATE OF VIRGINIA. 'I LARGE , To-wi t . The foregoing instrument was acknowledged before me this day of June, 1984 by Billy J. Tisinger, Sole Acting Trustee. My commission expires Notary Public r �IRGINtA FREDERICK COUNTY, SCT. This instrument of writing was produced to me on the day of 19 ti , at and with certificate, of acknowledgment thereto annexed was admitted to record. 'fax unposed ny Sec. 58-64. 1 of and 5:3-54 have been paid, if assessable. t Clerk COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Highways & Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 FROM: John T. P. Horne, Planning Director SUBJECT: Review Comments for Please review this request for a Local Office: Commerce Street Winchester, VA. 22601 (703) 662-8876 DATE: Conditional Use Permit X Rezoning Subdivision Site Plan DAY CARE CENTER FOR CHILDREN located at ltt hnusP on right across railroad tracks on Rte 11 South in Kernstown. Proposed building and improvements: Renovate building to conform with .all lncal huilding R hnuting codes, health codes and social services requirements for the operation of a licensed day care center for children. This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by August 9. 1985 for the meeting of _ September 4, 1985 VDH&T Comments: A Commercial Entrance Permit must be applied for and approved before the business is started. VDH&T Signature: Date: 7S� Applicant's Name: BARBARA A. HAINES Address: Box 14 Mt. Falls Rte., Winchester, VA 22601 Phone Number: 703 877-1027 Work: - NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal deadline date. REQUEST FOR COUNTY of FREDERICK Department of Planning and Development COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Highways & Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 Local Office: Commerce Street Winchester, VA. 22601 (703) 662-8876 FROM: John T. P. Horne, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit Subdivision Please review this request for a DAY CARE CENTER FOR CHILDREN X Rezoning Site Plan located at let hnuse nn right across railroad tracks on Rte 11 South in Kernstown. Proposed building and improvements: Renovate building to conform with all lnral hiiilding R hnusing cods* health codes and social services requirements for the operation of a licensed day care center for children. This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by August 9. 1985 for the meeting of September 4. 1985 VDH&T Comments: A Commercial Entrance Permit must be applied for and approved before the business is started. VDH&T Signature: /J /��y1!yl;� �� Date: Applicant's Name: BARBARA A. HAINES Address: Box 14 Mt. Falls Rte., Winchester, VA 22601 Phone Number: 703 877-1027 Work: - NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal deadline date. 9 Court Sauare P.O. Rox 601 Winchpoer_ Virginia 22601 C • • &N11819Af, COUNTY of FREDERICK �c t q�� Department of Planning and Development ti E 98$ John T.P. Horne - Planning Director R CE�VE ti M E M O R A N D U M Stephen M. Gyurisin - Deputy Director O AND' OF PLANNIND 703/662-4532 T0: OF p City of Winchester , ATTN: Mr. Jay Givens Inspections Department , ATTN: Mr. John W. Dennison Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. ATTN: Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: August 14, 1985 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Barbara A. Haines or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No Objections to rezoning, Reguest, in addition to the codes listed, that the Life Safety Code be follow for a day care center. Signatur �,/ 1 Date 9 Court Square - P.O. Bo 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: City of Winchester , ATTN: Mr. Jay Givens Inspections Department , ATTN: Mr. John W. Dennison Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. , ATTN: Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: August 14, 1985 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning We are reviewing the enclosed request by Barbara A. Haines or their representative, Site Plan Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: r Signature , .� . Date 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 :7 C7 COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: City of Winchester �, ATTN: Mr. Jay Givens Inspections Department , ATTN: Mr. John W. Dennison Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. , ATTN: Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: August 14, 1985 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Barbara A. Haines or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: the h "yei/1 / ..,'-.^r a( i c Cc�i ceY� C'anneC/eli� f �% 1h- e C- E . Se'uJei' �vzce lC� the Ci i'f -:irecrJe- �5 Oro cd Ceil f via- Signature �'�� . � �� Date 23 O s 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 August 21, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Barbara A. Haines Rezoning Application to rezone .66 acres on Route 11 South in Kernstown from RP (Residential Performance) to B-2 (Business General) for a licensed day care center for children. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of September 4, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. S rely, Jo T. P. Horne P anning Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to fy the the attached correspon a was mailed to the following on Aigust 21, *from the Department of Plannin and Development, Frederick County, • Virginia: uENERAL ELLi TIC COMP4'JY C/O J. J. COSGKITT NELA PARK OFFICE 1515 CLEVELAND, OHIO HIMELRIuHT, LOUISE R. kT. 3 6OX 257 *INCHESTER, VA. 44112 226J1 NEw YORK LIFE INSURANCE CO. C/O POTOMAC EDISON DOWNSVILLE PIKE HAGEkSTOWN, MO. ?1740 Barbara A. Haines Box 14, Mt. Falls Route Winchester, Virginia 22601 Albin Corporation 2400 Valley Avenue Winchester, Virginia 22601 G J n . P. Horne, Director Ft rick 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 John T. P. Horne, Director of the Department of Planning and Development, whose name is signed to the foregoing, dated % 8 , has personally appeared before me and acknowleda the same in my state and county foresaid. Given under my hand this S�a,-r - - day of , 1985. My commission expires on $'.� • • COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 August 28, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Barbara A. Haines Rezoning Application to rezone .66 acres on Route 11 South in Kernstown from RP (Residential Performance) to B-2 (Business General) for a licensed day care center for children. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of September 11, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. rely, To T. P. Horne P nning Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to c�fy the the attached correspond was mailed to the following on Augnst 28, 19 from the Department of Planning and Development, Frederick County, Virginia: GENERAL ELECTRIC CO`dPA%Y Ms. Barbara A. Haines C/O J. J. COSGRITT NELA PARK OFFICE 1515 Box 14, Mt. Falls Route CLEVELAND, OHIO Winchester, Virginia 22601 44112 HIMELRIGHT,cor 7 PLOUISE R. RT. 3 BOX 25Albin Corporation WINCHESTER, VA. 2400 Valley Avenue 226-31 Winchester, Virginia 22601 NEW YORK LIFE INSURANCE CO. C/O POTOMAC EDISON DOWNSVILLE PIKE HAGERSTO.N, MO. 21i-4? Jo n . P. Horne, Direct(g>t F ed rick County Dept. of Planning STATE OF VIRGINIA COUNT OF FREDERICK I, , a Notary Public in and for the state and county aforesaid, do hereby certify that John T. P. Horne, Director of 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 ak day of , 1985. My commission expires on 'j2&y/t� �lq y / • • COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 September 11, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Barbara A. Haines Rezoning Application to rezone .66 acres on Route 11 South in Kernstown from RP (Residential Performance) to B-2 (Business General) for a licensed day care center for children. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of September 25, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Jo n T. P. Horne .P anning Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to cer the the attached corresponde was mailed to the following on '-September 11, 1 5 from the Department of Plann and Development, Frederick County, Virginia: Barbara A. Haines Box 14, Mt. Falls Route Winchester, VA 22601 Albin Corporation 2400 Valley Avenue Winchester, VA 22601 General Electric Co. c/o J. J. Cosgritt Welva Park Office 1515 Cleveland, Ohio 44112 Louise R. Himelright Route 3, Box 257 Winchester, VA 22601 New York Life Insurance Co. c/o Potomac Edison Downsville Pike Hagerstown, MD John T P Horne, Director Frederto,V County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, f , a Notary Public in and for the state and county aforesaid, do hereby certify that John T. P. Horne, Director of the Department of Planning jand Development, whose name is signed to the foregoing, dated �P �,U) , %`/Tlf�, has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this .� day of , 1985. My commission expires on ` /Yw 9 d1I ) TREASURER'S OFFICE COUNTY OF FREDERICK P. O. Box 225 WINCHESTER, VIRGINIA 22601 DOROTHY B. KECKLEY, TREASURER August 9,1985 TO WHOM IT MAY CONCERN: ALL TAXES LISTED UNDER THE NAME OF ALBIN CORPORATION ACREAGE .66 acres at KERNSTOWN HAVE BEEN PAID THROUGH JUNE 5,1985. PlIONE (1,62-661 1 JI y7 S'C1 le s 0 f Page Three Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. El r b