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008-85 Donald L. Fowler - Stonewall District - Backfile
aN A COUNTY of FREDERICK IDepartment of Planning and Development _,e L.r 1 TR 4o i;$ Planninn director M d� L1TiS11l - �:ep61tW ilirPrtnr 703/662-4532 October 15, 1985 Mr. H. K. Benham, III Harrison & Johnston 21 South Loudoun Street Winchester, Virginia 22601 Dear Mr. Benham: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of October 9, 1985: Approval of Rezoning Application #008-85 of Donald L. Fowler to rezone 202.75 acres from A-2 (Agricultural General) to Residential Performance (33.28 acres) and Mobile Home Community (169.47 acres) for the development of single-family residences and manufactured homes. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81 in the Stonewall Magisterial District. If you have any questions regarding this rezoning, please do not hesitate to call this office. Si r ly, CJo_R. >L"" County Administrator JRR/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk Mr. Donald L. Fowler 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REZONING REQUEST #008-85 Donald L. Fowler 202.75 acres zoned A-2 (Agricultural General) to be rezoned to RP (Residential Performance) and MH-1 (Mobile Home Community) 33.28 Acres RP; 169.47 Acres MH-1) LOCATION: At the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Open space, agricultural, residential, and commercial land use and B-2 and A-2 Zoning. PROPOSED USE AND IMPROVEMENTS: Single-family residences, manufactured homes, and such other buildings as are necessary to carry out the use of the property for planned residential development. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objections. Sanitation Authority - Water and sewer are available. The developer will have to extend the line to the site. Greenwood Fire Company - We have no problem with the rezoning of this property. We will need some input when the development begins in order to decrease our response time to this area. Planning and Zoning COMPREHENSIVE PLAN: The 1976 Comprehensive Plan designated this area for industrial development and it was zoned M-2 at that time. In 1981, the Plan designated this area as a rural development area which is adjoining an urban development area along Route 7. This designation reflected its downzoning in 1980 from M-2 to A-2. u 60k _K_ 3 ZONING PATTERNS IN THE AREA: Page 2 Fowler Rezoning The predominant pattern in this area is for B-2 Zoning on the Winchester Mall property and other frontage properties with commercial use along Route 7, RP Zoning for the residentially used frontage properties on Route 7 and for a single-family neighborhood along the road extending north of Route 7 near Denny's Furniture, and A-2 Zoning to the north. DEVELOPMENT PATTERNS IN THE AREA: The frontage properties along Route 7 are showing an increasing tendancy for infill commercial development as residentially used properties are converted to commercial uses due to their frontage on a major arterial highway. The Winchester Mall property was partially developed and site planned for major commercial uses, but now contains vacant buildings and is not currently used for commercial purposes. The agricultural uses along the north are very low level agricultural uses with mostly graizing or vacant use. This property in question has had some use as a shale pit in the past and is currently vacant. 11110ARSAIM9 Sewer and water facilities are available on the Winchester Mall property and along Route 7. These facilities can be extended to serve this property. GENERAL: This rezoning should be treated as an extension of the urban development area away from the frontage along Route 7. Should this rezoning be approved, the character of the area would shift from large scale commercial and open space uses to a large scale residential use. It is the staff's opinion that large scale, high density mobile home park useage would have a detrimental affect on the large commercial properties and potential future uses for commercial or office uses along Interstate 81. Marketing of those properties would be very difficult for high quality commercial or office development, should there be a high density, large scale mobile home park adjacent. The area at Winchester Mall and near the Interstate could be used for these commercial or office uses and the Winchester Mall property has been zoned and site planned for this type of use. Visability from 81 would be an attribute to those properties and could be of significant economic benefit to the County. The current MH-1 Ordinance would allow eight to ten units per acre and has very few provisions mandating quality development. The large scale, high density use of this property for a mobile home park in areas adjacent to potentially valuable economic properties would, in the staff's opinion, be of detriment to those commercial properties. While the staff understands that the proposal is for a somewhat more appropriately planned mobile home park than has taken place in the past, the current ordinance could in no way enforce that design. The existing residential uses in the area would not be seriously effected by this proposal. The soils in the area are fair to poor for agricultural use and fall within agricultural value classes five through nine, with one being the best soils in the County and ten the worst. Most of that property is not now being actively farmed. Page 3 Fowler Rezoning TRANSPORTATION: The connection to Route 7 from this proposal would be through a State -maintained road. Right-of-ways have been secured for the necessary land to build this road. Site distance at the connection would be adequate and the capacity of Route 7 would be adequate to handle the additional load. STAFF RECOMMENDATIONS: Approval of all the requested RP land of 33.28 acres. Approval of only that portion of the requested MH-1 as shown on the attached map for the following reasons: 1. Large scale, high density mobile home park development adjacent to the existing B-2 Winchester Mall site and to other potential sites along Interstate 81 would have a detrimental affect on the value of those properties for economic development and the current ordinance can not enforce a lower density or higher quality of development. 2. The approval of this smaller acreage would allow the applicant to demonstrate the type of design which he is proposing to implement. 3. Approval of the smaller acreage would allow market conditions to act upon the western portion of this site, the Winchester Mall site, and other properties in this area so as to demonstrate whether those properties will in fact move into a more active large scale commercial or office use. NOTE: The staff recommendation contained for this application does not necessarily reflect the opinion that mobile home development in this area on a larger acreage is necessarily a detriment to the area. It does reflect the fact, however, that the current ordinances can not control the type or quality of development and also reflects the anticipation that the interchange area at Route 7 will in fact become more active for development in a commercial or office use. If it does in fact become more active for these uses, those uses would clearly be of greater benefit to the County. PLANNING COMMISSION RECOMMENDATIONS: Unanimously approved as presented. APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. (Y-6)b Application Date Fee Paid 1. The applicant is the owner Joseph F. Hughes and Ethelyn A. 2. OWNER Hughes , Do -peers trading as NAME: T-Tiiahac and rrvmanv ADDRESS: 10 Charles Plaza -Suite 200 Baltimore, Maryland 21201-4299 TELEPHONE: 301-837-3737 Submittal Deadline is For the Meeting of other x (check one) APPLICANT (under contract of purchase) )0C*JM: ( if other than owner) NAME: Donald L. Fowler ADDRESS: P. 0. Box 809 Winchester. Virginia 22601 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) At the end of Warner Lane leading Northeastward from Route 7 just East of the intersection ot Route with ute 81. 4. The property has a frontage of feet and a depth of feet and consists of 200 acres. (Please be exact) 5. The property to be rezoned is owned by See No. 2 above as evidenced by deed from K. E. Warner, et al recorded in deed book no. 275 on page 251 , registry of the County of Frederick_. 6. This property is designated as parcel no. 27 on tax map no. 54 & 55 in the Stonewall Magisterial District. 7. It is desired and requested that the property be rezoned from A-2 to MH-1 and RP 8. It is proposed that the property will be put to the following use Punned residential development. 9. It is proposed that the following buildings will be constructed Single family residences and manufactured homes and such other buildings as nre nxass= to carry out the use of the property as set lorth In varagrapn a}x�ve 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. iNpill uID 1. Daniel K. Macklin and Address: P. 0. Box 4142, Coles ville, Maryland 20904 Property ID# : 54000-A00-0000-0000-0088-0 Victor E. Hansen, Trustees 2. Barnhill Contracting Address: P. 0. Box 725, Tarboro, North Carolina 22886 Proppertyy ID# : 54000-A00-0000-0000-0090-0 Co. , Inc. 3. James F. Boyd Address: P. 0. Box 141, Sterling, Virginia 22170 Proppertyy ID# 54000-A00-0000-0000-0099-B 4. lWinchester Mall, Inc. I Address: P. 0. Box 520, Westminster Maryland, 21157 Property ID#: - - - - - Pro ert I : 54000-A00-0000-0000-0099-F Page Two Rezoning ' 5.S�i�/�st/2�oA�K press: n O • �O � ca! ��% L't�/iv ci/+'so-s �6..2 i� . � �-lc o � �' �• Property ID# : Seto Address: 7- Property Address: Property I D # T 7.b/� f/j j�Z,� Ao 41" - o g. Addres : /�i3 Property I D # : ���o•-mo6,-Gz�50 -ctx)5;,--OlcS-o C;/o Bs�.i�9�n� � f. 9. 7 /Yff �06 Address: Oo o s E5?, C/o y�Tja �/ft G Property ID# : SSoao - Aar-mon0- - cvo 2� -o 9,19pW' Ole- 0 . �.c�i✓is T; �. Address: 'oeT ,7 /3ax Property I D # //, // / , aD 6es ; le,74'7, At R 0 •c // C,G �c%C'Y�7r% f 7 7 Cs�o / 44? Tarr . SSc - �c� a�)e o %� • ,�A/r9Gd �� �CSs� �T 9, r3rrc // _; w/� ���.;,Ts,�r � %i • � �- 6oi �llierz+ � �'.•#r�f%/�s. ,fie vl � /' •z' ate'`: Z'r, ,gtr S�if1 Z z i / 7 4D S.�S�L' _jG,- GL�G _�%Gs u' - OG 3f - Ej /�LSc `' G �/ O. ��/c 3��, ClNror✓ii//�.�fl. l� 3 7.f A,1. Z'a y.���.✓ �,�y�, .TZ) -11" o0no-c)00,- C>C>�� -m A Zk->e-";ss r3 c� / Sa - egg-, .�ae,�j- v, i/� l/!� . � �- � �r .�5•�-i, T,� �iec//J.Q•7'r a'a�`; S Se3o� - boo-,oc�oo -oc�oo - 000� - o !(p . `� ` G�J • f�/ L.�j f} / e7- -%� `t/j /S c /✓ ���"7 �d = SS.3 Do - ff oo-Ovon-a000-ocx��%- p ,p ,2T, 7 ASo,Kj'p "I olvo?fvsr�slz� 27Z A� S$ �tq-O VOL 1-14, 14 81/i4q A/i.+LC.sf�sT�.? Is ©0�46_? August 21, 1985 Mr. John Horn Planning Department Frederick County Court Square Winchester, Va. 22601 Dear Sir: AUG 1985 RECEIVED DEPT. OF PLANNING AND DEVELOPMENT Re: Rezoining application for 200 plus or minus acres laying between Route 7,I-81, and Hackwood property. I understand a rezoining has been, or will be filed on the parcel above. As trustee of a portion of the Hackwood pro- perty, which abuts the referenced parcel, I would appreciate official notification of any and all public hearings of what- ever nature relative to the rezoining to both addresses below. Daniel K. Macklin R. F. Curtis 512 Queen Street Box 4142 Alexandria, Va. 22314 Colesville, M.D. 20904 Your attention to this matter is appreciated. Sincerely, Daniel K. Macklin CC: Mr. R. E. Curtis Page Two • • Rezoning NAMF. U) -�5 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Froperty Address: -Froperty -IDS ID#10. :------------- 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 chance the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: Signature of Applicant: Complete Mailing Address:_p._0. Box 809 Winchester, Vi-rp-ini_a 22601 Telephone Number:— 703 _- 667 - 1266 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) O a%L S Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) O Approval Denial COUNTY ADMIN. (signed)J-- • 1 • r .- - _I.- , _ �T • . � `moo - � - rr (D ••/ i ' l z s / �O N 1-ju) 1pm L'"m m �W OD Z\\ m AN M I ma 00 NAN- uo S wsu��� 0 i N y w • 00 �D:w D J CONCEPT PLAN PLANNED MOBLE of a SENIOR CITIZEN HOME COMMUNITY -V AREA (MH- I) PLANNED UNIT DEVELOPMENT 85 Ac. 12 JULY 1985 SCALE- I"=400' < i � \' I / � _ ..• ..,, ^ }` \ 45 LDTS 2 .......... Silbert w. cl fates, inc. SEC71ON -2 5wvlv0APL ISO C 01" G0 Z_ C NOTE: This Plan supports the 0 CT ........ rezoning request of the ECTI N N subject property from ...... -7 A- I to MH-I 9RP as Ahown. 95 LDTS TYPICAL LAYOUT N T. S d SECTION NzI.. SECTION S DEVELOPMENT SUMMA ' . I I . %, ft.\ 75 LOTS ir EX. ONING A-1 Z--------202.75 Ac. 65 LOTS ...... SECTION S-3 7711 PROPOSED ZONING MH-1 98 Ac.---.600 SINGLE FAMILY RP- 33 • � Ac.-- 55 I.TRADITIONAL 'IRP ZONE) PROPOSED USE FA TS 23 Ac. Area in homesites... ........ Net Density-...... 'SECT ION Area In Green Space M.". Z & Lake... 71.7 / .\ - 6rdss Density 3 A L V.. y > a 66.? J r. OW4 X r Ip. V • C3 rJ 7 . ....... .'G ' � W,N N 1• .• ••%. 10) 11 N 4P AT A • This Option Contract made and dated this Al _5day oll&� , lq��by and between Helen R. Snapp and Betty V. Snapp, T/A Snapp's Apple Cart, a Virginia partnership herein called Optionor, and Donald L. Fowler or assigns,, herein called Optionee. Witnesseth: That for and in consideration of One Thousand Dollars ($1,000.00) cash in hand paid to Optionor, the receipt of which is hereby acknowledged, Optionor does hereby grant unto Optionee for the period of one the hundred twenty (120) days from the date hereof,/OPTION and right to purchase, for the sum of Fifteen Thousand Dollars ($15,000.00), an easement over a portion of Optionor's 1.7 acre Lot 1, as more fully set out herein, upon the following terms, covenants and conditions. Optionor's Lct 1 - Said Lot fronts on the northern side of Virginia Primary Route #7 in Stonewall Magisterial District of Frederick County, Virginia, and along its western and northwestern boundaries borders the "Iane to the Warner Farm" and is the same Lot 1 conveyed to Alfred L. Snapp, Sr. & Alfred L. Snapp, Jr., T/A The Apple Cart by Deed dated May 17, 1977, and recorded in the Office of the Circuit Court of Frederick County in Deed Book 473, at Page 739, in which Deed Lot 1 is comprised of Parcels 1 & 3. A survey plat of the Lot is recorded in said Office in Deed Book 216 , at Page 152 , and a copy is attached hereto as Exhibit A. EASEMENT - The easement to be conveyed borders Ae "Lane to the Warner Farm" along the west and northwestern boundaries of Optionor's Lot 1, extends from the north side of Virginia Route 7 to the eastern property line of said Lot and is of sufficient width, when added to the width of the "Lane to the Warner Farm", to provide an overall roadway right of way width of sixty (60) feet, as depicted in Exhibit B attached hereto. The easement shall be an ingress and egress easement and an easement for the extension of utility lines from Route 7 to the 202 acre Hughes tract (formerly the Warner Farm) which lies to the north of Route 7 and which Optionee has contracted to purchase. Conveyed with the easement will be the right to improve and maintain the easement area, to in- clude the right to make such cuts and fills as are necessary; provided, however, that the finish grade of such roadway shall not be higher than Optionor's retained parcel on the east, where it abuts the roadway right-of-way. • OPTION EXTENSIONS - Optionee shall have the right to extend this OPTION for three (3) additional periods of thirty (30) days each by giving Optionor written notice thereof, prior to the expiration of the then current OPTION period, and therewith paying to Optionor an additional Five Hundred Dollars ($500.00) for each such thirty (30) day extension. Such notices and payments may be delivered to Optionor or mailed to Optionor by U. S. Certified Mail addressed to Helen R. Snapp & Betty V. Snapp, Route 4, Box 459, Winchester, Va. 22601. Notice, if mailed postmarked on or before expiration of the then current OPTION period will be considered timely notice. CREDIT FOR OPTION FEES - The initial $1,000.00 OPTION fee will be applied toward payment for the easement at closing. Payment for OPTION extensions shall not so apply. FURTHER CONSIDERATIONS - Optionee covenants that, in the event the OPTION is exercised, (1) he shall install water and sewer laterals from the extended water and sewer mains, to the front property lines of Optionor's two retained parcels (one parcel on the east side of the ease- ment area and one parcel on the northwestern side of the "Lane to the Warner Farm" ;) and (2) he shall do nothing nor interpose any (Abjection which would interfere with Optionor's right or ability to have its said retained parcels served by other public utilities (electricity, telephone and gas). Optionor covenants that, in the event the OPTION is exercised, (1) they shall, upon Optionee's written request, execute such further deeds and instruments as are necessary to dedicate said easement area as a public roadway as part of Optionee's subdivision plan for said Hughes tract; and (2) they shall, at such time as the road constructed by Optionee over the easement conveyed is accepted by the Commonwealth of Virginia or any subdivision thereof into its system of roads and highways, execute such further deeds and instruments as are necessary to effect the take over of the right of way by the Commonwealth of Virginia or other governmental subdivision thereof. - 2 - CuiNTY, • • oc) This Instrument of writing was produced to me on the 20th day of December, 1961, at 4:40 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. «««««««««««««««««««««««««««« # 2591 « KEIi1a,m E. WARNER, ET AL TO: .. :DEED JOSEPH F. I UGHES, ET UX *««««««««««««««««««*«««««««« 1 i ,CLERKu THIS DEED made and dated this 15th day of December, 1961, by and between Kenneth E. Warner, Executor, and Helen V. Wolfe, Executrix, of the Estate of Sarah 0. Warner, Doceased, parties of the first part, Joseph F. Hughes & Ethelyn A. Hughes, his wife, co-partners trading as Joseph F. Hughes & Company, parties of the second part, and Edgar Kenneth Warner and Evelyn G. Warner, his wife, Elwood Murphy Wolfe and Helen Virginia Wolfe, his wife, Evelyn K. Warner, widow of Marshall L. Warner and Catherine J. McTiernan, formerly the widow of Charles William Warner, deceased, and Patrick A. McTiernan, her husband, all parts of the third part. WHEREAS, the late Sarah 0. Warner by her last will and testamen duly probated and of record in the Clerk's Office of the Circuit Court of Frederi County, Virginia, in Will Book No. 64, page 270, directed her Executor and Executrix to sell her real estate; and WIEREAS, the said parties of the first part being the duly qualified Executor and Executrix of said estate, offered the hereinafter described property for sale at public auction, after due advertisement of the t1me, terms and place thereof, at which said sale the parties of the second part became the purchasers at the bid of Sixty-two Thousat Dollars ($62,000.00), that being; the highest offer received; and WHEREAS, the purchase price of said property has been paid in cash at and before the execution and delivery of this deed. NOW THEREFORE, in consideration of the premises, and the sum of Sixty-two Thousand Dollars ($62,000.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with special warranty of title, unto the parties of the second part, their heirs and assigns forever, all of that certain tract or parcel of land con- taining 202.78 acres, more or less, together with all improvements and appurtenance thereto belonging, lying; and being situate a short distance North of the Berryville Pike, Virginia State Highway No. 7, just East of the City of Winchester, in Stonewall District, Frederick County, Virginia, and being the same land that was conveyed to the late E. H. Warner and his wife Sarah 0. Warner, with common law right of survivorship by said E. H. Warner et ux, by deed dated March 1, 1958, and of record in the aforesaid Clerk's Office in Deed Book No. 251, page 264, and whic upon the subsequent death of said E. H. Warner vested in his surviving wife, Sarah 0. Warner, in accordance with the provisions of said deed. Said deed describes said tract of land as containing 199 acres, more or less, but according to a recen survey it has been ascertained to contain 202.78 acres, more or less. A plat and ,-11t.I/.a I metes and bounds description of said land made by Lee A. Ebert, Surveyor, is attached to, and by this reference incorporated in, this deed. WHEREAS, the parties of the third part are the owners of corta properties fronting on the hereinafter described right of way and desire, toge with the parties of the second part, to determine and fix their respective rights and responsibilities in connection therewith, therefore THIS DEED FURTHER WITNESSETH: That for and in consideration the sum of One Dollar ($1.00) cash in hand paid by the parties of the second part to the parties of the third part and by each of the parties of the third part to the parties of the second part, the parties of the first and second parts do agree that the boundaries of the right of way described on the attached plat and survey of Lee A. Ebert, dated November 10, 1961, as a 15 foot right of way leading from the Berryville Pike is as described in said plat and survey and further that said right of way shall be used or maintained in comrnon by the parties of the second part and the parties of the third part, their administrators, heirs, executors, and assigns, for all purposes of ingress and egress to and from their respective properites and the Berryville Pike also known as U. S. Route No. 7. Witness the following signatures and seals. KENNETII E. WARNER, EXOR. (SEAL) r:xecutor of Lne ESLaLe of ********************** Sarah 0. Warner, Deceased REVENUE STA14PS $68.20 CANCELLED * HELEN V. WOLFE (SEAL) **********************Executrix of the Estate o Sarah 0. Warner, Deceased State of Virginia County of Frederick, to -wit: JOSEPH F. HUGHES (SEAL) Partner ETHELYN A. HUGHES (SEAL) Partner EDGAR KEN'NETII WARMER (SEAL) EVELYN G . WARNER ( SEAL) ELWOOD MURPIiY WOIFE (SEAL) HELIIr' VIRGINIA WOIFE (SEAL) EVELYN K. WARNER (SEAL) CATHERINE J. McTIERNAN (SEAL) FATRICK A.McTIERNAN (SEAL) I, Virginia Ritter, a Notary Public in,and for the County of Frederick, in the State of Virginia, do hereby certify that Kenneth E. Warner, Executor, and Helen V. Wolfe, Executrix, of the Estate of Sarah 0. Warner, Decea and Edgar Kenneth Warner and Evelyn G. Warner, his wife, Elwood Murphy Wolfe and Helen Virginia Wolfe, his wife, Evelyn K. Warner, widow, and Catherine J. McTier and Patrick A. McTiernan, her husband, whose names are signed to the foregoing writing bearing date of December 15th, 1961, have personally appeared before me, my county aftresaid, and acknowledged the same. Given under my nand this 16th day of December, 1961. I•lyy commission expires March 10, 1964. VIRGINIA RITTER State of Maryland County of Baltimore, to -wit: I, R. Jean Alder, a Notary Public in and for thelbounty of Balti more, in the State of Maryland, do hereby certify that Joseph F. Hughes & Ethelyn A. Hughes, his wife, co-partners trading as Joseph F. Hughes & Company, whose name are signed to the foregoing writing bearing date of December 15, 1961, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand and notarial seal this 26th day of December 1961. My commission e)'Pires Mn,y 6, Y)63. rf an iron pin corner to the 1.0 Acre Lot; thence with a portion of the western line of the said Lot, crossing the eastern line of the said Right - of - Way, N 30* 12' W - 12 ft. to an iron pin corner to the said 0.75 Acre Lot; thence with the two following lines of the said Lot S 62° 11' 30" W - 198 ft. to a metal post; thence N 240 37' 30" W - 170 ft. to a post; thence with another line of the said Lot and continuing with the northern line of the said 1.0 Acre Lot N 62° 11' 30" E - 428. ft. to an iton pin; thence with the eastern line of the said Lot S 270 37' 30" E - 181.8 ft. to an iron pin corner in the northern line of the Lots fronting Berryvil e Pike; thence with the four following lines of the said Lots N 620 11' 30" E - 46. ft. to an iron pin; thence N 540 54' E 506.89 ft. to an iron pin, the said pin beiig N 870 E - 7.25 ft. from a 30" Oak Tree; thence N 47' 07' 30" E - 181.85 ft. to an iron pin; thence S 700 10' E - 408.85 ft. to an iron pin corner to the L. C. Cole Land; thence with the northwestern line of the said Land N 460 26' 40" E - 1193.32 ft. to a set stone corner to the Dr. Smith land; thence with the southwestern line of the said Land N 590 00' 09" W - 3915.0 ft. to an iron pin corner to the Lockhar Land; thence with the southeastern line of the said Land N 42' 17' 30" W - 1452.8 ft. to a metal post corner to the Place Land; thence with the two following lines of the said land N 430 26, i5" W - 862.95 ft. to an iron pin; thence S 47° 17' 30" E - 1876.82 ft. to an iron pin corner to the Charles Warner Lot; thence with the two following lines of the said Lot N 390 12' 30" E 200 ft. to an iron pin; th S 470 59' 54" E - 1069.86 ft. to the beginning. Containing - - 202.78 Acres. Also shown is the 15 Ft. Right - of Way leading from the Berryville Pike to the Point of Beginning of the Farm; Beginni4., at a metal post corner to the Gentry Lot in the northern highway boundary line of the Berryville Pike, running with the said highway. boundary line S 870 E - 15.25 ft.; thence N 13° 25' E - 200 ft. to an iron pin; thence N 15' 15' E - 99.15 ft. to an iron pin; thence N 20' 30' E - 41.05 ft. to an iron pin; thence N 41° E - 52.1 ft. to an iron pin; thence N 650 19' E -231 ft. to an iron pin, the Point of Beginning of the Farm, also the southeastern corner of the Charles Warner Lot; thence with the northeastern end of the said Right - of - Way N 47' 59' 54" W - 16.33 ft.; thence S 650 19' W - 227.76 ft. to an iron pin; thence S 41° W - 58.04 ft. to an iron pin; thence S 200 30' W - 411.45 ft. to an iron pin; thence S 150 15' W - 100.08 ft Lo an iron pin; thence S 130 25' W - 203.05 ft. to the beginning. Also shown are the Gas Company Lot and the Right - of Way leading from the said Lot, the Gas Line Right - of - Ways and the Northern Power Company Line Right - of - Way. Surveyed - - - November 10, 1961. VIRGINIA FREDERICK COUNTY, (SCT. LEE A. EBERT Certified Land Surveyor, Comm. of Virginia # 484. This Instrument of writing was produced to me on the 27th day of December, 1961, at 10:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. '- • (I - - . -73��/fir Lane - via rt, The following is a survey of a lot or small portion of the E. H. :';arner land, lying about two Miles east of Winchester and north of the Berryville Pike. highway 11o. 7; the Farcel here about to be conveyed fronts on tl!e :"arner private entrance drive leading from his residence to Highway IJo. 7 and lies to the north east of and joins the Edgar Kenneth Warner's former.rurchase; The beginning corner is the south eastern of the Ecj-ar Kenneth !'.arner lot; it is also it; the southern boundary line of the above mentioned private lane, runni; with said boundary line 1y. 72 E. 4.94 rods to a stake corner; thence crossing the road 14'. 48 1/2 W. to an Iron pin just south of the northern boundary line of the road; con— tinuing in all 64.84 rods to a post corner to E. H. Warner's other land; thence S. 38 1/2 17. 12.12 rods to a stake corner in Evans line; thence With Evans line S. 43 E. 27 rods to the north western corner of Ed1-ar Kenneth Warner's Lot; thence v:ith the two following lines of his lot N. 71 E. 9.39 rods to a post corner; thence S. 48 1/2 E. 3027 rods to the point of beginning containing 3.12 acres. Surveyed June 1954 "JALti.ER 1.;cC. BO1;D VIRCINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 29th day of June 1954 at 2:05 P. Y. and with certificate of acknowledgment thereto annexed was admitted to record. L., )I � 1 is . 14 9CLER. s 9 comrniF -i:'n ex Tres ',/'I Given under my hand ti,i: 1:; day of Fe, ruar7 , 1;'4C. DOROTIiT I'CC. RICE IL I i 0 0`• yQ� �v It The following is a survey of a portion of the L. }i. 17arn is and Sarah 0. .*arner's, his wife, tract of land, which is about to be conveyed to Ld-ar i:enneth '•garner, situated and lyin? in Stonewall 1.a;-isterial District, Frederick Co., State 1 of 'W"irrinia, about t,.,o miles east of 7,inchester fronting- on the +'arner's Private (toad and j is more rnrtiralarlr described ty a surve,- viz: Beginning at a point in the above mentioned private road; ';;:,ich Point is in the property line of the 'garner land and the Flace land, and the Gentr;: land extended southeastwardla to the said point, runnin7 with the Gentry land and the Place land ii 48" 37.69 rods to a stake corner to i'�arner's other land; thence throu^h i i the other land by the followinc, courses and distances; IN 712° E 9.39 rods to a stake corner; thence S 46' E 37.69 rods to a point in the ';•arner Private Road; thence with the, i said road S 71j° W 9.39 rods to the point *of beginninF. Containin- 2A - 0 R - 4 sq. po. i Surveyed October 21, L,45. , 'cC. BOi.'D a .er c�.toi,.t.�. 'v III TII�II. FIZiDiRICK COL'hIT, (SCT. This instrament of writing was produced to me on the 12th da; of Larch 11j4C at 10:40 A.]% and with certificate of acknowled,-pent thereto annexed v.as admitted to record. 1 f #ui£ ;F i; i. ?;-:: # iH�it it#?r�if?cit#i;iriF # #ifi.iriFiFif-tt iFit# iF #397 # � ARCHIE II. Ul%DEZOOD ET UX TO :: :: :: : : DEED i GEOR3E D. KDIBLEETUX ?f?5?:ii-?;?=:iiiicii-:a'•iri:ic#i'-•••c#ifi: ?:•if iii�i:-It i:-�A?N:ic# .. ., I w..ay This D E E D made this 30th day of October, 1945, by 2- and between Archie }i. Underwood and Beulah Underwood, his wife, parties of the first part, I RON PIN PLACE LAND I S q3 26 1 _ MET LOCK�RT LAND 86 •9 • L pOST N �CDp 1� O T 2 I W Q W = -I 2 J O 17 n W j U _J a y a h Q � I N 39•�3p.E IRON PIN • IRON PIN 1 i- I 1- i ' O J Io GAS C v GP`' / Ln tpir LOT O Y ICJ m p ^ Q Imo' r 0 lam/ 'v ry C O ;b�c o I 1 W in a� YJO W-n IV �a „ 8 1° 202.78 AC . I to W 0 3' I 2 1`0 • �,: • I� 2 o - Iva SS -j 1. ESN 0-6, -0 z z 0 C / `Ol s 2j• N N Sq.30,E 0•E N W , 500 9 47b7'3p., N 181.80, 0 E' o LOTS . 198, 1N u1 0 P O Q, RANTING !?�4j,E 1 eERgr�/C 2.3. �n rT CE p/kE 0 75 AC. LOT. -ELWOOD M. WOLFE - 225 - 57 1 AC. LOT- MARSHAL L. WARNER-228-315 "An' 119.32,q6 N �3p L. C. COLE LAND SET l IRON PIN The Accompaning Plat is a Survey of the Sarah 0. Warner Estate Farm. The said Land lies north of the Berryville Pike - Rt. 7, just east of the City of Winchester, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin in the southern line of the Old Roadway the southeastern corner of the Charles Warner Lot, running with the said line, the northern line of the Lots fronting Berryville Pike, and the southern lines of the 1 Ft. Right - of - Way leading across the Farm to the 0.75 Acre Lot and 1.0 Acre Lot, N. 690 04' 20" E - 277.2 ft. to a post; thence N 610 43' 30" E - 155.8 ft. to a post; thence T! 120 411 T; - 22.3 ft. tn a rn..t: th^nce N 620 1]' 50'I T? - 1''" ff. to *- commission *,pima June 6, 1.853. Divan under � hand this 16 day of •tenter, 1850. jf,SSIE M. THU1tPSUN Wsr�ar `" 1's f ``. p .01 si )v 7.31 ACA" Lars 1C, 3� t 4 PT •fCcb. 64r,%YV) � PfKa Peat The above Plat is a corrected Surrey of Lot - 1 and Lots - 2, 3 & 4 of the Plat of Lots of Asoord in the llff ice of the Clark of the Circuit Court of Frederick County in Dead Book - 148 - Page - 170. In an attempt to establish the lines of Lot - 1, I found several errors in the original layout, which made it Deco asary to Survey the established boundary lines of the four Lots and to establish the above divisi line agreed upon by the owners of Lot - 1 and Lots - 2, 3 & 4. The said Lots front the northern highway boundary line of the Berryville Pike about two miles east of the Cit4 c Iwinchester in Stonewall Distriot, Frederick County, Virginias Lot - - 1 - - 1.7 Acres Beginning at a stake at the intersection of the east lino of the Lens Lading to the Warner Fars with the northern highway boundary line of the Berry villa Pike, running with the said.highway boundary line S 87' 45' 6 - 225.4 ft- to a pos the Do* with the said new division line bf 1' 22' ii - 436.3 fte to a stake in the south 1' of the Warner Farm Lane; thence with the three following lines of the said Law S 66' 36' W - 70 ft. to a post] thane 3 61' 15' W - 108.1 ft. to a stake; thenoe S 12' 18' W • 355.2 ft. to the beginning - LOTS - - 2, 3 4 4 - - 7.31 Acres: Beginning,at a post in the highway boundary line, a corner to Lot - 1, running with the said boundary line S 87' 45' S - 626.8 ft* to a post corner to Lot - 5; thence with the western line of Lot - 5 - h 5' 15' 1 - 764 ft. to a post in a line of the Warner Fars; thenoe with a line of the said Farm 8 61' 10' W - 118 ft. to a post; thence with the three following 1';es of the lane lsading to the Fars 3 10' 46' i - r— -- aoosission expires June 6, 19b3. under hand thin 18 day of S�pteaber, 18b0. Given �y JESSIE Y. TH01—T—WN of ' �{ g( All- of �7 1 '06,6 7.3/ ijcAW Lori i, 3, -( 4 4 e7'_.fs&.l ►► rV) lla. Pi Kt IV - PO4 r N. The above Plat is a corrected Surrey of Lot - 1 and Lot• - 2, 3 b 4 of the Plat of Lots of Record in the Offioe of the Clerk of the Circuit Court of Frederick County in Deed Book - 148 - Fags - 170. In an attempt to establish the line+ of Lot - 1, I found several errors in the original layout, which made it necessary to Survey the established boundary lines of the four Lots anto establish the above divis lime agreed upon by the owners of Lot - 1 and Lots - 2, 8 & 4. The said Lots front the northern highway boundary line of the Berryville Pike about two miles east of the City Winchester in Stonewall District, Frederick County, Virginia: Lot - - 1 - - 1.7 10re1: Beginning at a stake at the intersection of the east line of the Lane leading to the Warner Fars with the northern highwy boundary line of the Berry ville Pike, running with the .said.higbmay boundary line S 87' 4b' k - 22b.4 ft. to a Poo thence with the said new division line N 1' 22' Y - 438.3 ft. to a stale in the south 1' of the Warner Fars Lane; thence with the three following lines of the said Lane S 66' 36' W - 70 ft. to a post; thence 3 61' lb' W - 109.1 ft. to a stake; thence S 12' 19' W - 855.2 ft. to the beginning - LOTS - - 2# 3&4-•7.31Acres: Beginning -at a post in the highway boundary line, a corner to Lot - 1, running with the said boundary line 3 87' 45' B - 626.8 it. to a poet corner to Lot - 6; thenoe with the western line of Lot - 6 - h 6' 15' k - 764 ft. to a pat in a line of the Warner Fars; thence with a line of the said Fars 3 61' 10' W - 118 ft. to a at; thence with the three following 1' .us of the Iaw leading to the Fars 8 10" 46' V - T * W 44 AIO i fi oOtA-1 sW0*Z 4FD IAJ P3Gr-o.c A? .> •-71ioa/q G ,Fi4s4iNA.✓T fgeCo,4 3*4DE'D 40A 0 09-Y5 -zz,,, • The preceding two covenants by Optionor are of course subject to the condition that Optionor, their successors and assigns shall have reasonable access to any such dedicated or State roadway from their said two retained parcels. SURVEYS - The cost of surveys needed in connection herewith shall be borne by Optionee. EXERCISE OF OPTION q- Exercise of this OPTION shall be by written notice de- livered to Optionodmailed to Optionor by U. S. Certified Mail addressed to Helen R. Snapp & Betty V. Snapp, Route 4, Box 459, Winchester, Va. 22601. Notice, if mailed, postmarked on or before expiration of the then current OPTION period shall be considered timely notice. In the event the OPTION is exercised: 1. The closing will take place at the office of H. K. Benham, III, 21 S. Loudoun St., Winchester, Va., within thirty (30) days following the date the OPTION is exercised, at the date and time arranged with the parties by Mr. Benham. 2. Optionor shall prepare, acknowledge and deliver to Optionee at closing a Deed of Easement subject only to easements, rights of way and restrictive covenants now of record. 3. Optionee shall pay the purchase price, less a credit for the $1,000.00 OPTION payment, to Optionor by cash or certified check upon delivery of the deed. 4. If the Optionee notifies the Optionor of any objection, not excepted above, to the record title of said property as the result of title examination by a qualified title examiner, then Optionor shall have a reasonable time to correct, any such defect in title, and closing and settlement date shall be postponed accordingly. If Optionor cannot remedy the defect by use of due diligence within three (3) months after notification thereof, Optionee shall not be required to take the property and shall be entitled to a refund of all amounts paid hereunder and this shall constitute a full release of all liability of either party to the other arising out of this Option Contract. 5. Optionor will pay for preparation of the deed, the State tax on conveyances and the costs of curing defects in title, if any. Optionee will pay for any survey, title examination, title insurance and expenses of recording. - 3 - COk3 6. The easement will become effective on the date of closing. 7. Optionee will pay to E. E. Bayliss, Jr., Realtor in cash at closing a commission of $500.00. Exhibits A & B, attached hereto, are by this reference made a part hereof. - i-- s ay 7;;Vi.5 Witness the following signatures and seals. (Seal) nald L. Fowler, Optionee E. E. BAYLISS, JR. By - j�� // (Seal) V H. Ross - 4 - /' LL" t U',,/a/__(Seal) Helen R. Snapp, Partner, Optionor (Seal) Betty V. app, Partner, O 1 4inor 2 AMIIdDME r DATED JULY 16i 19 8 5 The Option Contract dated _ JuIZ 16 , 1985 by and between Helen R. Snapp and Betty V. Snapp, T/A Snapp's Apple Cart, Optionor, and Donald L. Fowler or assigns, Optionee, is hereby amended in the following respects: 1. The purchase price is changed from Fifteen Thousand Dollars ($15,000.00) to Eighteen Thousand Dollars ($18,000.00). 2. Paragraph (1) of Optionee's covenants appearing under "Further Considerations" on page 2 of said Option Contract is amended to read as follows: "(1) he shall install water and sewer laterals from the extended water and sewer mains, to the front property lines of Optionor's two retained parcels (one parcel on the east side of the ease- ment area and one parcel on the northwestern side of the "Lane to the Warner Farm"); provided, however, if Optionee's final development plans do not include the installation of a sewer main in said 60 ft. right of way, optionee will extend a sewer main from Frederick County Sanitation Authority's 6" main near the southeast corner of said Lot-1 to said 60 ft. right of way via an easement to be granted by Optionor along the eastern ,I � line of said Lot-1 to said 60 ft. right of way and will install I a lateral therefrom to Optionor's retained parcel on the north- western side of the Lane to the Warner Farm, it being understood �I that such extensions will be installed in accordance with Frederick County Sanitation Authority requirements." �13. The following is added asparagraph (3) of said Optionee's covenants: � i 9 is j, "(3) he shall, upon Optionor's request, sell to optionor at his I dealer's cost delivered to said Wt-1 the 14' x 40' portable building chosen by Optionor, such building to have 2 doors, 4 windows, vinyl lap siding, panelled interior, Owens-Corning i insulation, electrical wiring (but with no electrical fixtures), it being agreed that the cost to Optionor shall not exceed $8,000.00?Oorprovided the Optionor's request is made not more than eight months fma the date of this a�;reement. A4 `J. �I dos -Y5 -2 4. The following is added as paragraph (3) of optionor's covenants: 10(3) they shall, if requested by Optionee, pursuant to the Provisions of paragraph (1) of Optionee's covenants, grant a sewer main easement along the eastern line of said Lot -I." Witness the following signatures and seals. �CQy _ (Seal) 7C'� ��' (Sea l) r Helen R. Snapp, Partner, Optionor Donald L. Fowler, Optionee E. E. Bayliss, Jr. _(Seal) --- — (Seal) By: Betty V. S pp, Partner, tionor i . Ross � I 0 2, i �iThis Option Contract made and dated this 6_15�day �I I li19 �by and between Russell N. Carrier, Russell N. Carrier, Jr., and his wife,' tionor and Donald L. Fowler or IJoy Carrier, collectively herein called Op i assigns, herein called Optionee. I� �. Witnesseth: That for and in consideration of One Thousand Dollars ($1,000.00) cash in hand paid to Optionor, the receipt of which is hereby acknowledged, Optionor does hereby grant unto Optionee for a period of one hundred twenty (120) days from the date hereof, the OPTION and right to purchas for the sum of Twenty Thousand Dollars ($20,000.00), a strip of land (herein I�the PROPERTY) from Optionor's 7.31 acre tract, as more fully set out herein, 11upon the following terms, covenants and conditions. I Optionor's 7.31 Acre Tract - Said tract fronts on the northern side of Virginia Primary Route #7 in Stonewall Magisterial District of Frederick County, Virginia and, along its rear line, borders for a distance the "Lane to the Warner Farm" I and is the same tract an undivided one-half (�) interest in which was conveyed to Kinross Farm, a Virginia Limited Partnership, by Deed dated October 1, 1980,' ,of record in the Office of the Clerk of the Circuit Court of Frederick County, Va., in Deed Book 529, at Page 498. A survey plat of the tract is recorded in said Office in Deed Book 216, at Page 152, and a copy is attached hereto as R Exhibit A. PROPERTY - The strip of land to be conveyed extends from the western line of Optionor's said tract in a northeasterly direction along the "Lane to the Warner Farm", bordering that lane, a distance of approximately three hundred five (305) feet, is nearly a parallelogram in shape, is of sufficient width, when added to the width of the "Lane to the Warner Farm", to provide an overall ('roadway right of way width of sixty (60) feet and in total comprises approxi- %ately twenty-five hundredths (0.25) of an acre, all as depicted in Exhibit B I�attached hereto, to be more fully described by survey. It is the intent that upon its purchase the strip of land will be added to the 202 acre Hughes tract (formerly the Warner Farm) which lies to the north of Route 7 and which OptioneE 1has contracted to purchase. I� ';SURVEYS - The cost of surveys needed in connection herewith shall be borne by Optionee. a OPTION EXTENSIONS - Optionee shall have the right to extend this OPTION for three (3) additional periods of thirty (30) days each by giving Optionor �i written notice thereof, prior to the expiration of the then current OPTION period, and therewith paying to Optionor an additional Five Hundred Dollars ,I ($500.00) for each such thirty (30) day extension. Such notices and payments 'i may be delivered to Optionor or mailed to Optionor by U. S. Certified Mail I !j addressed to Russell N- Carrier, Box 446, Middleburg, Va. 22117. Mailed notice will be considered timely if postmarked on or before expiration of the I then current OPTION period. In the event the OPTION is exercised: 1. The closing will take place at the office of H. K. Benham, III, 21 S. Loudoun St., Winchester, Va., within thirty (30) days following the date the OPTION is exercised, at the date and time arranged with the parties by Mr. 2. Optionor shall prepare, acknowledge and deliver to Optionee at closing a General Warranty Deed with English covenants of title subject only to easements rights of way and restrictive covenants now of record. 3. Optionee shall pay the purchase price, less a credit for the $1,000.00 OPTION payment, to Optionor by cash or certified check upon delivery of the 11 A deed. 4. If the Optionee notifies the Optionor of any objection, not excepted above,d to the record title of said PROPERTY as the result of title examination by a I qualified title examiner, then Optionor shall have a reasonable time b correct any such defect in title, and closing and settlement date shall be postponed accordingly. If Optionor cannot remedy the defect by use of due diligence I. within three (3) months after notification thereof, Optionee shall not be required to take the PROPERTY and shall be entitled to a refund of all amounts 1� paid hereunder and this shall constitute a full release of all liability of :either party to the other arising out of this Option Contract. 1! 5. Optionor will pay for preparation of the deed, the State tax on conveyances and the costs of curing defects in title, if any. Optionee will pay for any survey, title examination, title insurance and expenses of recording. - 2 - Real estate tax on the PROPERTY will be prorated as of the date of closing.) Optionee will be given possession of the PROPERTY on the date of closing. It is Optionor's intent that their signatures hereto shall be applicable their individual as well as their partnership interests in the PROPERTY, as the case may be. 9. Optionee will pay to E. E. Bayliss, Jr., Realtor in cash at closing a ! convassion of $500.00. Exhibits A & B, attached hereto, are by this reference made a part hereof. This Contract shall be construed, interpreted, and applied according to the law!, i of the State of Virginia and shall be binding upon and shall inure to the bene-) fit of the heirs, personal representatives, successors and assigns of the par- ties. Witness the following signatures and seals. (Seal) Wald LLr," donee Op E. E. YLISS, JR. B /'/'J James H. Ross (Seal) sel; Carrier, Optionor _(Seal) RussellI. Carrier,-Optionor JoyI)�S_ �� --(Seal) rier, Optionor - 3 - 0 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703 /662-4532 September 26, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Donald L. Fowler Rezoning Application to: Rezone 200 acres from A-2 (Agricultural General) to MH-1 (Mobile Home) and RP (Residential Performance) for planned residential development. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of October 9, 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, TP ohn T. P. Horne Planning Director JTPH/rsa 9 Court Square - P.O. Box 601 Winchester, Virginia 22601 • Crjq -91 - 30 Thij is to certify the the attached correspondence was mail to the following on September 26, 1985 from the Department of Planning and Development, Frederick County, Virginia: MACKLIN, DANIEL K. HULVER, FRANCES E. L VICTOR E. HANSEN, T'?uSTr-F= L STUART A. HULVER P.O. BOX 4142 RT. 7 dOX 109 COLESVILLE, MD. ,,'WINCHESTER, VA. 2J9J4 BARNHILL CONTRACTING CO., INC. SNAPP, ALFRED L. SR- /80X 725 TARBORO, N.C. L ALFRED L. JR. J T/A THE APPLE CART 2718b ROUTE 4 6OX 459 WINCHESTER, VA. BOYD, JAMES F. GENTRY, P. B. P. 0. 6OX 141 C/O BENJAMIN F. GENTRY STERLING, VA. 1936 ORMAND RD. �17;, BALTIOMRE, MD. 21'22 WINCHESTER MALL, JBOX 520 NASH, ROBERT A. ✓ C/O NAT'L BANK OF wASHIi40-T0j WESTMINISTER, MD. 619 14TH. STREET N.w. 21157 WASHINGTON, D.C. � Shenandoah Gas Company (see attached page for more) P.O. Box 2400 Winchester, Virginia 22601 John T. P. Horne, 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 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 day of 1985. My commission expires on j&&,L Lq B7 NOTARY PU IC COS _91 COLE, DENNIS T. L MILDR-D 3. RT. 7 bOX 129 ✓ WINCHESTER, VA. WARNER, MARSHALL L. 6 THOMAS L. ,vARNL,3 J RT. 7 8GX 114 WINCHESTER, VA. SWARTZ, DONALD LLL J & CATHERINE V. RT. 7 BOX 112 WINCHESTER, VA. KINROSS FARM P• 0• BOX 44b v MIDDL 6URG, VA. RTUG7N60XR107A K. WINCHESTER, VAS SMITH, JOSEPH 6OX 152-rig BERRYVILLE, VA. 226`71 226i 1 22117 22611 wILSON, S. W. c MILJA RT, 7 30A 90 *INCH EST ER, VA. 22601 COSTELLO, EDNARD C. i. IREN- RT. 7 BOX 38 WINCHESTER, VA. ,i 22601 DEHAVEN, STEVEA A. L DEBORAH F. ROUTE 7 oOX 89-A WINCHESTER, VA. 22bD1 Daniel K. Macklin 512 Queen Street Alexandria, Virginia 22314 R. F. Curtis Box 4142 Colesville, Maryland 20904 Donald L. Fowler P.O. Box 809 Winchester, Virginia 22601 Hughes and Company 10 Charles Plaza -Suite 200 Baltimore, Maryland 21201-4299 H. K. Benham, III Harrison $ Johnston 21 S. Loudoun Street Winchester, Virginia 22601 0 00� - y's -3-t COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 September 18, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Donald L. Fowler Rezoning Application to: Rezone 200 acres from A-2 (Agricultural General) to MH-1 (Mobile Home) and RP (Residential Performance) for planned residential development. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of October 2, 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. T. P. Horne ning Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 C')Ct -K-33 This is to "certify the the9tached correspondence was mail*to the following on September 1 , 1985 from the Department of Planning and Development, Frederick County, Vir inia: MACKLIN, DANIEL K. ' VICTOR E. HANSEN, P.O. BOX 4142 COLESVILLE, MO. HULVER TRANCES E. TRUSTEE E STUA�T A. HULVEQ RT. 7 BOX 109 wINCHESTER, VA. 23904 BARNHILL CONTRACTING CO., TNO . BOX 725 jARBORO, N.C. s ,7 BOYD, JAMES F. P. 0. BOX 141 v STERLING, VA. wINCHESTER MALL, INC. BOX 520 wESTMINISTER, 'iu,- 21157 j Shenandoah Gas Company P.O. Box 2400 Winchester, Virginia 22601 SNAPP, ALFRED L. SR. C ALFRED L. JR. ✓ T/A THE APPLE CART ROUTE 4 BOX 45Y wINCHESTER, VA. GENTRY, P. S. C/O BENJAMIN F. 6F NTRY L/' 1936 ORMAND RD. BALTIOMRE, MO. 2261131 22611 21221 NASH, ROBERT A. C/O NAT•L BANK OF 4ASHINGTON 619 14TH. STREET N.a. WASHINGTON, D.C. 20005 (see attached page for more) John V. P. -Ilorne, Director Fred e ick 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, datedlat. /0 C9� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of L , 1985. My commission expires on `�Majo' cj V !90 L' "J'j- NO Y PUBLIC r Ors —�5 —� y coLE I UENNIS T. E MILDRED ;. RT. 7 BOX 129 WINCHESTER,, VA. ?2 WARNER, MARSHALL L. JR. 6 THOMAS L. WARNER RT. 7 BOX 114 WINCHESTER, VA. SWARTZ, UONALD LSE ,E CATHERINE V. >>' RT. 7 BOX 112 WINCHESTER, VA. KINROSS FARM P. 0. BOX 446 MIDULE6URG, VA. VAUGHN, BRENDA K. RT. 7 BGX 107 WINCHESTER, VA. SMITH, JOSEPH C. BOX 152-be V BERRY'VILLE, VA. WILSON, S. W. & HILDA RT. 7 BOX 90 y, WINCHESTER, VA. COSTELLO, EDWARD C. C IRENE R. RT. 7 6OX 88 WINCHESTER, VA. 226D1 226J1 7 -,_>�'1 1 V1, TOSc''�RR V1LBE Zt/2 6 T;iLJ/ DEHAVEN, STEVEN A. v' & DEBORAH F. ROUTE 7 bOX 89-A aINCHESTER, VA. Daniel K. Macklin S12 Queen Street Alexandria, VA. 22314 R. F. Curtis Box 4142 Colesville, MD 20904 Donald L. Fowler % P.O. Box 809 Winchester, VA. 22601 Hughes and Company 10 Charles Plaza -Suite 200 Baltimore, MD 21201-4299 H. K. Benham, III Harrison $ Johnston 21 S. Loudoun Street Winchester, Virginia 22601 2 61- 1 t -�5 -3S 4POUNTY of FREDERIC K Department of Planning and Development REQUEST FOR COMMENTS John T.P. Florne - 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 Edinhurg, 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: August 8, 1985 Conditional Use Permit X Rezoning Subdivision Site Plan Planned Unit Mobile Home Community located at 202.78 acres north of S. R. 7 and east of Interstate Route 61I Proposed building and improvements: Site Improvements per attached Concept This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by August 8, 1985 for the meeting of August 21, 1985 VDH&T Comments: 0 objection to rezoning VDH&T Signature: ,�, ,Ci��� Date:$ Applicant's Name: Donald L. Fowler Address: 3318 Valley Avenue Winchester, Virginia 22601 Phone Number: ,703- 5-075 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 Souare - P.O. Box 601 - Winchester. Vireinia - 22601 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: Sanitation Authority ATTN: Mr. Wellington Jones Greenwood Fire Company V ATTN: Mr. Walt Cunningham . 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 X Rezoning We are reviewing the enclosed request by Donald L. Fowler or their representative, H. K. Benham, III (667-1266) Subdivision Site Plan Will you please review the attaehed and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: �n�.���uJG�Joo� ��c� / �2� n' � f--� � � iU d �y'o f31�,�► Cp SignaturL2M� ate Z2YZe�7 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 OGS-8s3? Spot Zoning Adopted Policy for the Frederick County Planning Commission Now and in the future, the prime objective of the Planning Commission is to develop plans and major policy recommendations concerning the development of the County. Any activity which distracts from these objectives should be limited to the minimum consistent with effective performance of administrative functions which are secondary obligations of the Commission and its staff. Proposals for minor zoning amendments fall within this secondary category. An inordinate number of these involve spot zoning, which has the following characteristics: 1. Individuals seek to have property rezoned for their own private uses. 2. Usually the amount of land involved is small and limited to one or two ownerships. 3. The proposed rezoning would give privileges not generally extended to property similarly located in the area. 4. Applications usually show little or no evidence of, or interest in, the effect on surrounding property, whether all uses permitted in the classification sought are appropriate in the location proposed, or conformity to a comprehensive plan or to comprehensive planning principles. The following policy is, therefore, adopted by the Planning Commission. No proposed zoning amendment will receive favorable recommendation unless: 1. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. 3. There is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) • • 608 - t 5--3Y -2- 4. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 5. The proposed change is in accord with the comprehensive plan and sound planning principles. This policy shall be called to the attention of persons applying for what appear to be spot zoning changes in order to alert them to the tests which will be applied, and to minimize time spent by the Commission in consideration of applications which cannot meet these tests. �Ea Uaq1LSS ,J170 [03 e AFLB-GRI C R S-SC V LICENSED REAL ESTATE BROKER IN VIRGINIA, MARYLAND, WEST VIRGINIA, NORTH CAROLINA AND WASHINGTON, D.0 MAIN OFFICE — 32 VALLEY AVENUE / WINCHESTER, VIRGINIA 22601 / TELEPHONE (703) 667-8000 August 21, 1985 Mr. John Horne P. 0. Box-601 Winchester, Va., 22601 Re: Don Fowler Rezoning Dear John: Copies of the rights -of -agreements are enclosed. Enclosure JM/hdr Best regards, y t Ji Ross `01�., •� `yc � 1 .;' AUG 19 rn Dtpr t-1 \�A jvj) DfVFLOPMEIVo "Virginia's Realtor of the Year" 1977 "Virginia Farm and Land Broker of the Year" 1977 HOMES - FARMS - COMMERCIAL - INDUSTRIAL - INSURANCE - MOUNTAIN ACREAGE - LOTS • (VEl- YS- yo • CABLE ADDRESS'ALBER" TELECOPIER (3011 727-2468 Treasurer, County of P.O. Box 220 Winchester, Virigina Gentlemen: LAW OFFICES BAKER & BAKER PROFESSIONAL ASSOCIATION 10 CHARLES PLAZA -SUITE 200 BALTIMORE, MARYLAND 21201-4299 TELEPHONE (301) 837-3737 August 13, 1985 Frederick 22601 TWO CHARLES CENTER CHARLES STREET AT SARATOGA Enclosed is acheck on the Estate of Joseph F. Hughes in the amount of $6,097.34 in payment of Real Estate Taxes for 1981 to 1985 inclusive. I am the Executor of the Estate of Joseph F. Hughes but have never before received any of the above tax bills. I would appreciate your sending the tax bills in the future, addressed as follows: C/o George W. Baker 10 Charles Plaza - Suite 200 Baltimore, Maryland 21201 I would appreciate your sending me a receipt for this payment and also sending a copy of the receipt to Mr. John Horne, Director of Planning $ Development, 9 Court Square, Winchester, VA 22601. Sincerely yours, G rge W. Baker GWB:mem Enclosure 27147-FORMS WORLD, IrW TRFASURER'S OFFICE C01INTTV ng: Fo cnco ice-.. ,`� 27147F� S WORL� C O(S&•�� v TREASURER'S OFFICE COUNTY OF FREDERICK 4`GK CO P. O. sox 225 G� WINCHESTER,VIRGINIA,22601 Q � NAME STREET CITY AND STATE RECEIVED BY RECEIPTNO.- 11 HAAON 5• JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA August 12, 1985 TELEPHONE AREA CODE 703 667-1266 Gentlemen: Attached please find Application for Rezoning of property now owned by the Hughes. Attached please find check for $300.00 representing $100.00 fee plus $1.00 per each of the 200 Acres. There is some question whether the acreage is 199 or 202. The deed says 199 Acres. Attached also please find sketch of property prepared by Clifford and Associates. Likewise, a copy of the deed of record is attached. Please note that the taxes had not been paid for the past several years. We have so notified the Executor of the Estate who had not been receiving the bills. He has forwarded a check to the Treasurer who will HARRISON &• JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA TELEPHONE Page 2 AREA CODE 703 667-1266 be delivering the statement to you that the taxes have been paid. If you have any questions, please call as we would like to have this matter heard at the next hearing of the Plarming Collmission. H. K. Benham, III