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Home My WebLink About006-82 McDonald's Corp. (Natalie Train) - Opequon - Backfile (2)�ZPiiPztC�2 C�ixnzt#� Departlnenf of lRanuing allb p6dVY111jon# DIRECTOR JOHN T. P. HORNE June 24, 1982 `4r. Douglas M. Swift, Jr. 36 South Cameron :Street Winchester, Virginia 22601 Dear Mr. Swift: P. O. BOX 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of June 23, 1982. Apnroval of rezoning petition no. 006-82 of McDonald's Cor_no.ration to rezone 2.3500 acres from B-1 (Business -Limited) to B-2 (Business -general) in the Opequon Magisterial District. If you have any further questions, this office. Sincerely, Wi (,- 1--A '�C,_ Jo T. P. Horne Director JTPH/rsa please do not hesitate to contact 703/662-4532 xebinirk &nnig Pryarfznen# of 1hanning nub �efreCn�ntezz# DIRECTOR JOHN T. P. HORNE June 24, 1982 Natalie A. Train Real Estate Representative McDonald's Corporation 3015 Williams Drive Fairfax, Virginia 22031 Dear Ms. Train: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 This letter is to confirm the Frederick County Roard of Suoervisors' action at their meeting of June 23, 1982. Approval of rezoninq petition no. 006-82 of McDoriald's Corooration to rezone 2.3500 acres from B-1 (Business -Limited) to B-2 (Business -General) in the Opequon Magisterial District. If you have any further questions, this office. Sincerely, P 14�tt_c_ J _ n T. D. Horne Director JTPH/rsa please do not hesitate to contact 703/662-4532 'reb-crirk Tonnty Repaxtment of 1Xanning aub p.efrQ.C.opm-ent DIRECTOR JOHN T. P. HORNE P. O. BOX 601 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER. VIRGINIA 22601 STEPHEN M. GYURISIN M E M O R A N D U M TO: Department of Inspections , ATTI�j r. John Dennison zoning , ATTN Mr. Stephen Gyurisin VA Dept. of Highways and Transportation , ATTN Mr. William Bushman Planning , ATTN Mr. John T. P. Horne Sanitation Authority , ATTN Mr. W. Jones FROM: John T. P. Horne, Director Date Aril 9, 1982 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by McDonald's Corporation or their representative Doug Swift 662-0003y- Will you please review the attached and return your comments to me by as soon as possible. Signature `�i,r,� �C�1. �,- 1�i�1 Date/ L/�l 2 703/6622-4sa2 APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 006:' 84, Submittal Deadline is 4/9/82 Applicatio Date 4/8/82 For the Meeting of 5/5/82 Fee Paid /0 a., 1. The property sought to be rezoned is located at (please give exact directions) North and East of the Texaco Station site at the Northeast corner of the intersection of State Route 647 and State Route 277 East of Stephens City in Opequo_n Mag terial District, Frederick County, Virginia _ East side-204.12' 2. The property has a frontage of 108.6 feet and a depth of West side-372.08 feet and consists of 2.3500 acres. (Please be exact) 3. The property to be rezoned is owned by Texaco, Inc. as evidenced by deed from Robert K. Stickley, et al recorded in deed book no. 304 on page 621 , registry of the County of Frederick 4. This property is designated as parcel no. 149 on tax map no. 85 Ain th-e Opequon Magisterial District. (The property to be rezoned is only a portion of Parcel No. 149). 5. It is desired and requested that the property be rezoned from B-1 to B`2 6. It is proposed that the property will be put to the following use McDonald's Family Restaurant 7. It is proposed that the following buildings will be constructed McDonald's Restaurant and trash enclosure 8. 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. Numbers Complete Mailing Address MAML` DaYnoI ''pax MAn Sf-raaf _ Rniif-t- _ Rnx . Ftc _ Nos. Evelyn H. Stickley, et 1 B 74B (7) Stephens Ci Va. 22655 Glen Adam & Drew 11 35 74B (7) 5391 Downing Drive Stephens City, Va. 22655 Thomas G. Scully 148 85(A) Post Office Box 274 Winchester, Va. 22601 Allen_ Food Service, Inc 148A 85(A) 603 Millwood Avenue Winchester Virginia 22601 Texaco, Inc. 149 85(A) Post Office Box 4582 Atlanta, Georgia 30302 For adjoiner notice posting purposes, please mail a notice to Douglas M. Swift, Jr., Williams and Swift, Post Office Box 242, Winchester, Virginia, 22601 Page Two Af Rezoning - Numbers Complete Mailing Address NAME Parcel Tax Map Street, Route, Box, Etc. Nos. 9. 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 Applicant: McDonald' s tion ( Intended Contract Lessee) Natalie A. Train, Real Estate Representative Complete Mailing Address: McDonald's Corporation 3015 Williams Drive Fairfax, Virginia 22031 Telephone Number: 703/698-4028 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval I� Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 7 Approval F] Denial COUNTY ADMIN. (signed) DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STEPHEN M. GYURISIN M E M O R A N D U M TO: P. O. BOX 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 Department of Inspections , ATTN Mr. John Dennison zoning _ , ATTN Mr. Stephen Gyurisin VA Dept. of Highways and Transportation , ATTNt/Mr. William Bushman Planning , ATTN Mr. John T. P. Horne Sanitation Authority , ATTN Mr. W. Jones FROM: John T. P. Horne, Director Date April 9, 1982 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by McDonald's Corporation or their representative Doug Swift 662-0003Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: moo objection tor+zon age However �, ro=t-rrrial entrance miiRr btz applijad for and approved. r � SignatureU;i� lit , 0 i Date - %3'-16-? 703/662-4532 DIRECTOR JOHN T. P. HORNE P. O. BOX 601 DEPUTY DIRECTOR 9 COURT SQUARE STEPHEN M. GYURISIN W%INCHESTER. VIRGINIA 22601 M E M O R A N D U M TO: Department of Inspections , ATTN Mr. John Dennison Zoning , ATTN Mr. Stephen Gyurisin VA Dept. of Highways and Transportation , ATTN Mr. William Bushman Planning , ATTN Mr,,/John T. P. Horne Sanitation Authority , ATTI/Z W. Jones FROM: John T. P. Horne, Director Date April 9, 1982 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by McDonald's Corporation or their representative Doug Swift 662-0003y Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Central water and sewer is available to property. Signature Date 703/662-4532 Arebi xioh &nn#v PQpnrtxnent of jUlauuing anb p6r1opmen# DIRECTOR JOHN T. P. HORNE P. O. Box 601 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN M E M O R A N D U M TO: Department of Inspections , ATTN Mr. John Dennison zoning y, ATTN Mr. Stephen yurisin VA Dept. of Highways and Transportation , ATTN Mr. William Bushman Planning ATTN Mr. John T. P. Horne - _W, Sanitation Authority , ATTN Mr. W. Jones FROM: John T. P. Horne, Director SUBJECT: Date April 9, 1982 Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by McDonald's Corporation or their representative Doug Swift 6620003^_-- Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Signature Date 703/662-4532 TEX�ACO PETROLEUM PRODUCTS CORPORATE REAL ESTATE DEPARTMENT J. P. JONES REGIONAL REAL ESTATE \LWAGER Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031 Dear Mr. Boone: TEXACO INC. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 609-667-3800 May 28, 1982 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw Very tru yours, .F. J S This is recycled paper a PETROLNUM PRODUCTS CORPORATE REAL ESTATE DEPARTMENT J. F. JONES REGIONAL REAL ESTATE MANAGER Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031 Dear Mr, Boone: TEXACO INC. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 609.667.3800 May 28, 1982 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw V ry tr yours, .F. J S This is recycled paper a PETROI. H:UrIt PRODUCTS CORPORATE REAL ESTATE DEPARTMENT J. F. JONES REGIONAL REAL ESTATE MANAGER Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031 Dear Mr, Boone: TEXACO INc. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 609-887-3800 May 28, 1982 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw V ry tr yours, .F. J S This is recycled paper e O F,ETROF.F• um YROOI.cTS CORPORATE REAL ESTATE DEPARTMENT J. F. JONES REGIONAL REAL ESTATE MANAGER Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031 Dear Mr, Boone: TEXACO INC. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 609•667.3800 May 28, 1982 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw V ry tr yours, .F. J S This is recycled paper e O PETROLEUM PRODUCTS CORPORATE REAL ESTATE DEPARTMENT J. F. JONES REGIONAL REAL ESTATE MANAGER Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031 Dear Mr, Boone: TEXACO INC. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 600-667-3800 May 28, 1982 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw V ry tr yours, .F. J S This is recycled paper r� 4 � Q ° TEXACO ;o PETROLEUM PRODUCTS CORPORATE REAL ESTATE DEPARTMENT J. F. JONES REGIONAL REAL ESTATE MANAGER May 28, 1982 TEXACO INC. 1020 KINGS HIGHWAY NORTH P.O. BOX 5008 CHERRY HILL, N.J. 08034 609.667-3800 RE: PROPOSED McDONALDS RESTAURANT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Mr. Randy Boone McDonald's Corporation McDonalds Centre 3015 Williams Drive Fairfax, Virginia 22031• Dear Mr, Boone: To assist you in your application for re -zoning for the referenced site, Texaco wishes to advise you that Management has approved a ground lease between Texaco and McDonald's. Subject to finalization of terms and description and the satisfaction of Texaco and McDonald's counsel, the afore- mentioned lease will be executed. We anticipate that the lease will be finalized within the next two weeks. Should you require any further assistance please advise. JFJ/LWMcD/jmw V ry tr yours, .F. J S This is recycled Paper 80U� BUY YAGf ��_1 TI • r THIS DEM, made this 3 o day of �'Z r' F`�' 1964, between F.OB .'RT K. STICEI—EY, Executor and Trustee under the gill of Mary Evelyn Stickley, I deceased, hereinafter called the Grantor, and TEXACO,$ Ii12., a Delavare corporation, with offices at 135 East 42nd Street, New York 17, New York, here- inafter called the Grantee. WIT:ISSETHA That for and in consideration of the sum of Ten Dollars ($10.00), cash inihand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of title, unto the Grantee, its successors and assigns, in fee simple, together with all rights, rights of way, privileges, appurtenances and improvements thereunto belonging, all that certain tract or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, just East of Stephens City and located on the North side -of Virginia State Highway No. 277 and on the East side of Virginia Road No. 647, and more particularly described by plat and survey of Richard U. Goode, Certified Surveyor, prepared August 20, 1904, which is attached hereto and incorporated herein by this reference. The land hereby conveyed is a portion of the same realty devised to Robert K. Stickley as Executor and Trustee, with full power of sale, under the last will and testament of Mary Evelyn Stickley. The said Mary Evelyn Stickley died testate on January 22, 1942) a resident of Frederick County, Virginia, and her properly probated last will and testament was duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 55, at Page 149. Fu_-ther, the land herein conveyed is a portion of the see realty conveyed to P. B. Stickley and Nary Evelyn Stickley, his wife, by deed of Joseph Fright, et ux, dated March 13, 1899, and duly recorded in the Clerk's Office aforesaid in Deed Book 119, at Page 110, IESS, E(T.%=, that certain portion thereof containing 3.56 acres, =re or less, heretofore conveyed to the Cc= nwealth of Virginia by two certain deeds, one dated January 20, 1938, and duly recorded tTOM BOCK( 00"I PAGE Ei in said Clerk's Office in Deed Book 176, at Page 317, and the other dated April 31 1939, and recorded in the said Clerk's Office in Deed Book 178, at page 165; Ai:D IZSS.. AISO, that certain other portion thereof containing 19.02 acre- heretofore conveyed to Robert K. Woltz by deed dated August 24, 1956, end duly recorded in said Clerk's Office in Deed Book 243, at Page 190. By dccd dated Scptember 21, 1939, duly recorded in said Clerk's Office in Deed Book 179, at Page 201, the said P. B. Stickley conveyed all his right, title and interest of every kind, both at law and in equity, in end to said land, to y: ry slrelyn Stickley, his wife. Reference to the aforesaid deeds and to the references contained therein is here =de for a further and more particular description of the realty hereby conveyed. _�i Wi 7�SS the follo:.ring signature and seal: C=' N [ JONN5TON 'CR M[T$ AT LAW N[57[K. VIREMA 'oTATE OF VIRGMA, COL:LTY OF FTFZE DERICKP To-vit: Robert K. Sti kley, E.xecuto'v,-_-�-- and Trustee under the Will-'61" Mary Evelyn S-ickley, deceased i i /• a Notary Public of and for the State and County aforesaid, do certify that Robert K. Stickley, as Executor and Trustee under the Will of mary Evelyn Stickley, deceased, whose n=e is sigmcd to the forging instrument, bearing date on the 5 day of/�� , 1964, has acknowledged the c. m- before me in ray State and County aforesaid. Given under my hand this day of 1964 - y,y ce=.ission expires ,-�, L 7 ? /Q� • 2 - No a_y Public v 1 N 21*09' N 26-51 vi 6 STATE ROAD 3 73.6 z A I� z rn R E (]GARAGE [SHED ❑SHED GARAGE TTTABLE NO. 647 L=526.4' R2 B19. 79' PORTIOP OF LAND OF MANY E. STICKLEY ESTATE 7.83 Acres �- 50, 0 742 5' �- o IOol � n CA 71 `I r 0 m 0 0 rn O S w m L 0 o r 0 OR N C R I B 5 N--- " 24 2 6 W 9 0 0.0 \�• BARN 4 ST ICI LDES OTHER LAND LOCATED JUST EAST OF STEPllc;r:S CITY APJU SITUATE III OPER, UU;J AnACISTEIIIAL DISTRICT, FREDERICK COUNTY, VIRGI IITA . ,(� , Q DRA!N11J FRO?-i SURVEY r•lADE MAY 26, 1961�. '�-c.�l(t, 0 BOGS 4r0'1 POKI C'N OF LAND OF i :ARY E . S TI CKLEY ESTATE 7.83 Acres The tract of land, sho,.*n on the attached drawing, located on the forth 'side of State Highway No. 277 and on the East side of Road No. 647, ju-t Eazt, of ; r el :;eas CAty and situate in Opequon 1'agisterial E-4 strict F.-oderick County, Virginia, is bounded as follows: Beginning at (1) a Concrete Highway Marker in the East line of I'.oad ho. 647 at its connection with State highway No. 277; thence %fi th t^c East line of Road No. 647 for the following 2 courses Id 21 r:ell. 0'? min • E 373.6 feet to (2) a Concrete highway 1:r arer; thence with a curve to the right the rad—J us of which is 2819.79 feet for a dist<. zee of 526.4 feet to (3) an iron peg;; thence with Stickle, Is other 1 and for the following 2 courses S 07 deg. 40 min. E 35U.0 feet to (4) an iron peg; thence S 24 deg. 26 min. h' 9U0.0 feet to (5) an iron peg Ln the "north line of State Highway No. 277; thence with State highway :o. 277 1' 89 deg. 05 :sir,. kr 89.6 feet to (6) a Concrete Highway ar ker; thence with a curve to the right the chord bearing and distance ^g id 77 deg. 27 min. �1 lyi. �7 f cet to { 71 a Corjc. cte 1-ig way ,artier; thence N 26 deg . 51 min. W 99.6 feet to the point of 'begin* i n� , containing 7.83 Acres more or less. Richard L. Gic.odQ, Certified Surveyor, August 20, i964. 4924 Edna property which vas forerly a part of the Mary E. Sticl:ley Estate. Th;s i, ;!rvrrontt f writing was procucc,�4 fo rne on On 'Yvy of 3 os ` •ern• , and with certificat- f ocknow{edpm�rrtt'�Qre'o to record, f % � �--- QL �^ April 8, 1982 To Planning Commission of Frederick County, Virginia Subject: Application of McDonald's Corporation for the re -zoning of the property of TEXACO, INC. located east of Stephens City, Frederick County, Opequon Magisterial District, Virginia The undersigned, real estate representative for McDonald's Corporation, hereby certifies to the Planning Commission of Frederick County, Virginia, that McDonald's Corporation has submitted to TEXACO, INC. an offer to lease 2.35 acres at the above -referenced location near the intersection of State Route 277 and State Route 647. The undersigned certifies, also, that, to the best of my knowledge, the offer to lease by McDonald's Corporation is now receiving serious consideration by the corporate office of TEXACO, INC. MCDONALD'S CORPORATION Natalie A. Train Real Estate Representative 3015 Williams Drive Fairfax, Virginia 22031 Telephone 703-698-4000 TREASURER'S OFFICE COUNTY OI+� FREDERICIC P. O. Box 225 WINCHESTER, VIRGINIA 22601 DOROTHY B. ]ECEOHIMY, TRICASURER April 8, 1982 To Whom It May Concern: Please be advised that all taxes have been satisfied in this office on one (1) tract of land located in the Opequon District, containing 7.83 acres of land in the name of Texaco Inc. Map # 85000-A00-0000-0000-0149-0 PHONE 662-6611 �. Judith K. Malone, D puty l HUNSBERGER AND MONACO, P.C. ENGINEERING. SURVEYING & PLANNING 10410 MAIN STREET FAIRFAX. VIRGINIA 22030 PHONE: ARTHUR T. HUNSBERGER, P.E., C.L.S. 591-5800 JOSEPH MONACO. C.L.S. March 31, 1982 METES AND BOUNDS DESCRIPTION OF A PART OF THE PROPERTY OF TEXACO, INC. AS RECORDED IN D.B. 304, PG. 621 TO BE LEASED TO McDONALDS CORPORATION OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA Beginning at an iron pipe found on the northerly side of State Route 277 (55' from centerline), said point also being a corner between Comm "B" of the Plymn Owen Estates, Sec. 2, and the land hereindescribed; thence from the point of beginning and running with the northerly side of said Route 277 (55' from cent- erline) N89034'03"W 89.50 feet to a Virginia Department of High- ways and Transportation monument, thence continuing with the north- erly side of said Route 277 N77019'041'W 19.10,feet to a point; thence departing said State Route 277 and running thru the land of Texaco, Inc. the following courses and distances: N25021'54"W 56.06 feet, N0805112811W 24.62 feet, N20003'57"E 167.97 feet, and N74009' 4711W 194.87 feet to a point in the easterly side of State Route 647 (45' from centerline); thence running with the easterly side of said State Route 647 (45' from centerline) N21007'5011E 204.12 feet to a Virginia Department of Highways and Transportation monument; thence departing said State Route 647 and running thru the land of Texaco, Inc. S67038129"E 371.96 feet to a point in the westerly line of the aforementioned Plymn Owen Estates, Sec. 2; thence running with the �•*Metes and Bounds description � page two Part of the property of Texaco, Inc. to be leased to McDonalds Corporation March 31, 1982 dividing line between said Plymn Owen Estates, Sec. 2 and the land hereindescribed S24004,41"W 372.08 feet to the point and place of beginning, containing 2.3500 acres of land, more or less, and being in accordance with a plat hereto attached and being a part hereof. N 4 eb-n re k &Untu P,eyart rent d plauning aub pefrdnpxnnd DIRECTOR P. O. Box 601 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, vIRGINiA 22601 STEPHEN M. GYURISIN June 9, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: McDonald's Corporation Rezoning Petition: From B-1 to B-2 This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of June 23, 1982, 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. JTPH/dll Sincerely, �+'- iIt.(, 1, P hn T. P. Horne Director 703/662-4532 This is to certify that the attached correspondence was mailed to the following on June 9, 1982 from the Office of Planning and Development, Frederick County, Virginia: Evelyn H. Stickley, et al Stephens City, Virginia 22655 Glen Adam & Drew Ellen Smith 5391 Downing Drive .Stephens City, Virginia 22655 Thomas G. Scully P.O. Box 274 Winchester, Virginia 22601 Allen Food Service, Inc. 603 Millwood Avenue Winchester, Virginia 22601 STATE OF VIRGINIA, Texaco, Inc. P.O. Box 4582 Atlanta, Georgia 30302 McDonald's Corporation 3015 Williams Drive Fairfax, Virginia 22031 JT' n-T. P. Horne rector COUNTY OF FREDERICK, TO -WIT I, (�}( �� _(��_L(CL� a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated _L�9 _ 2_��_ , 1982, ..9 has personally appeared before me and acknowledged the same in my State and County aforesaid. 1982. Given under my hand this _______day ofLG�2(�_� /✓ My Commission expires NOTARY PUBLIC I BtFartin-eut of jjfauuills aub p6dopr nt DIRECTOR P. O. BOX 607 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN May 19, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: McDonald's Corporation Rezoning Petition: From B-1 to B-2 This rezoning request will be considered by the Frederick County Planning Commission at their meeting of June 2, 1982, 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. JTPH/dll Sincerely, ?JThn T. P. Horne ector 703/662-4532 H This is to certify that the attached correspondence was mailed to the following on May 19, 1982 from the Office of Planning and Development, Frederick County, Virginia: Evelyn H. Stickley, et al Stephens City, Virginia 22655 Glen Adam & Drew Ellen Smith 5391 Downing Drive Stephens City, Virginia 22655 Thomas G. Scully P.O. Box 274 Winchester, Virginia 22601 Allen Food Service, Inc. 603 Millwood Avenue Winchester, Virginia 22601 STATE OF VIRGINIA, Texaco, Inc. P.O. Box 4582 Atlanta, Georgia 30302 McDonald's Corporation 3015 Williams Drive Fairfax, Virginia 22031 o n T. P. Horne D rector COUNTY OF FREDE CK, TO -WIT I, a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMEN-.i DEPARTMENT, whose name is signed to the foregoing, dated 5 a0._ ai , 1982, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this C��-day off 1982. My Commission expires A NOTARY PUBLI rpartramf of Flanniug nub DIRECTOR _IOHN T. P. HORNE P. 0. BOX 601 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN April 21, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: McDonald's Corporation Rezoning Petition: From B-1 to B-2 This rezoning request will be considered by the Frederick County Planning Commission at their meeting of May 5, 1982, 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. JTPH/dll Sincerely, an T. P. Horne Director 703/662-4532 This is to certify that the attached correspondence was mailed to the following on April 21, 1982 from the Office of Planning and Development, Frederick County, Virginia: Evelyn H. Stickley, et al Stephens City, Virginia 22655 Glen Adam & Drew Ellen Smith 5391 Downing Drive Stephens City, Virginia 22655 Thomas G. Scully P.O. Box 274 Winchester, Virginia 22601 Allen Food Service, Inc. 603 Millwood Avenue Winchester, Virginia 22601 STATE OF VIRGINIA, Texaco, Inc. P.O. Box 4582 Atlanta, Georgia 30302 McDonald's Corporation 3015 Williams Drive Fairfax, Virginia 22031 Virecton P. Horner COUNTY OF FREDERICK, TO -WIT I,\`i6lt& LC (: �?� a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated Y�/,�, 1982, has personally appeared before me and acknowledged the same in my State and County aforesaid. 1982. Given under my hand this 1�j.._�_ day of My Commission expires NOTARY PUBLIC- Planning FREDERICK COUNTY, -VIRGINIA. P. O. Box 601, 9 COURT WINCHESTER, VIRGINIA F. IV[ GCE S MAY. . ....... ... ............................ .. .. ... 19 MAY F�- M I > 1982 o qt. Thomas G. Scully P.O. Box 274 Winchester, Virginia 22601 'j, DIRECTOR JOHN T. P. HORNE P. O. BOX 601 9 COURT SQUARE DEPUTY DIRECTOR WINCHE$TER, VIRGINIA 22601 STEPHEN M. GYURISIN May 19, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: McDonald's Corporation Rezoning Petition: From B-1 to B-2 This rezoning request will be considered by the Frederick County Planning Commission at their meeting of June 2, 1982, 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. JTPH/dll 703/662-4532 Sincerely, /� T- I d-ok/(Lu J hn T. P. Horne irector REZONING REQUEST 11006-82 McDonald's Corporation 2.3500 Acres -zoned ^B-1 (Business -Limited) to be rezoned to B-2 (Business -General) LOCATION: Route 277 MAGISTERIAL DISTRICT: Opequon Magisterial District ADJACENT LAND USE AND ZONING: Commercial, open space, and residential land use. Commercial and residential zoning. PROPOSED USE AND IMPROVEMENTS: To be rezoned to B-2 (Business -General), to be used as a McDonald's Family Restaurant REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection to the rezoning. However, a commercial entrance must be applied for and approved. Sanitation Authority - Central water and sewer is available to the property. Department of Inspections - No objection to the change of zoning from B-1 to B-2. This building would be constructed under A-3 occupancy and would have to meet the requirements of the 1978 Virginia Statewide Building Code. Planning and Zoning - The existing B-1 zoning which is in place on this site is part of a large section of B-1 zoning that extends northward along Route 647 and eastward along Route 277. This zoning was in place prior to the existence of the B-2 zone. The existing regulations under B-1 zoning are for very limited, neighborhood -type businesses to serve a defined neighborhood. The character of this area and this intersection, being the intersection of a collector road, an arterial road, and an interstate highway, is no longer that of a residential neighborhood. The existing commercial uses in this area, while being located in a B-1 zone largely, are not of a limited nature. This proposed use would be immediately adjacent to a service station and immediately across Route 277 to the south there exists a fast food restaurant and a large supermarket. These existing uses, while they are located in a B-1 zone at this time, are more suitable and appropriate in a B-2, Business -General Zone. Page 2 McDonald's There exists a number of residential neighborhoods in the area and this area is projected for future suburban -type housing growth. The closest neighborhood to the proposed use would be Plymm Owens Estates which is immediately adjacent to the north. The staff does recognize that the proximity of this neighborhood could possibly allow for a limited retail use on this site. We do feel, however, that do to the proximity to the interstate, arterial, and collector roads, that the site is more suitable for a B-2 zone and the existence of a B-2 use on this site will not increase any adverse affects on the adjacent neighborhood. The staff has considered whether_ the rezoning of this property would increase the traffic congestion in this area over and above that congestion that would be caused by a B-1 use. While some argument can be made that this proposed use would draw from a larger market area than a B-1 use, the staff feels that the increased traffic generated by this use will not be significantly above that traffic that would be generated by a B-1 use. Internal traffic circulation and its effects on the road surfaces in this area will be crucial when considering the site plan for this development. That site plan is not under consideration today, but the staff will be actively working with McDonald's Corporation to insure that traffic circulation through the site will minimize the effects on congestion. The staff has, however, been advised by the Commonwealth's Attorney that the site plan ordinance does not give the Planning Commission the power to require a given circulation pattern on the site. Any agreement on circulation will have to be voluntary on the part of McDonald's. Given the widespread commercial zoning in this area already existing and the possibility of .future development of that zoning, the staff feels that the Planning Commission should maintain pressure on the Virginia Department of Highways and Transportation to improve this road surface and to implement measures to decrease the,congestion at this intersection. VDH&T has indicated that they would consider repainting the stripes on Route 277 to provide a left hand turn lane for east bound traffic. In conclusion, the staff feels that after weighing any potential increase in adverse effects on the area .from a B-2 zoning as compared to a B-1 zoning, the rezoning of this property to B-2 will not significantly increase the impacts. Increased congestion from this particular proposal is, however, likely if inadequate provisions are made for traffic entering and leaving the site. STAFF RECOMMENDATIONS: Approval PLANNING COMMISSION RECOMMENDATIONS: Unanimously recommends approval. EDE.RICK COUNTY ZONING,. MAPS 74 APP. 10-8-806a" INSERT 74- IN 48 149 TOWN OF 504-623 STEPHENS So* '!Si CITY sr B. 54 S 049 R 2'7 7 A A 14 294 0 0 7 CID B G) 3 co co 5 9 1 45 0 146 00 142 59 2%-167 •2pt& `'59 2pt& AAA -A 0 hki o 140 141 0 '46A .�;� /.- =. 139A 138 64 63 A 65 i6 -/60 76 62 37 139 37 c 134 / 218 v/ 61 / 137D 69A M' 70�- 133 131 75 v i ♦, ' .wL I ` fie y. .,"y.—A• ` > � AA 1 y4. ^! F � < � •�.-.ram - • Y ,/i �'" ';, � tip' � � � �. •t��' ' . J i ` 4 ', r ••�{, `' -,f •e. � �•, Sri. `t ~••* VC • ��, - y✓.� ,$ �,f' �04 .7 /� s . "� 1 'il', � � { • `{'�' fir\ {Y, � � •'. F �� , ,., t-'fi t�f�� ; �i� T/T,�tj � •`sib b -�,4-�F. ' ,Y If�..A� � !�` - tea,"•`«. � �:'.� �'!.l ��,j a�•.s�,p��:. 1�y � `�. A �n �KY 4� ..��q -.' — `� y. 1..✓T M_ '^Q''! �' �^`t' i.z xyy.�,{ .. t Apow 37uJ�ibSe.��c'a�a.. .'.�'+ -'c."' :v•.iic.T 'w� APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 006.- LSA, Submittal Deadline is 4/9/82 Application, Date 4/8/82 For the Meeting of 5/5/82 Fee Paid 0, 103- 6 1. The property sought to be rezoned is located at (please give exact directions) North and East of the Texaco Station site at the Northeast corner of the intersection of State Route 647 and State Route East of -Stephens City in Opequon Magisterial District, Frederick County, Virginia — East side-204.12' 2. The property has a frontage of 108.6 feet and a depth of West side-372.08' feet and consists of 2.3500 acres. (Please be exact) 3. The property to be rezoned is owned by Texaco, Inc. as evidenced by deed from Robert K. Stickley, et al recorded in deed book no. 304 on page 621 , registry of the County of Frederick 4. This property is designated as parcel no. 149 on tax map no. 85 Ain th-e Opequon _ Magisterial District. (The property to be rezoned is only a portion of Parcel No. 149). 5. It is desired and requested that the property be rezoned from B-1 to B-2 6. It is proposed that the property will be put to the following use McDonald's Family Restaurant 7. It is proposed that the following buildings will be constructed McDonald's Restaurant and trash enclosure 8. 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. Numbers Complete Mailing Address NT T MLA 'D nr not rPnv Mnr-% Ci-raai- _ Rnni-a _ Rnx _ Ftr _ Nns _ Evelyn H. Stickley, et al B 74B (7) Stephens City, Va. 22655 Glen Adam & Drew 11 35 74B (7) 5391 Downing Drive Stephens citv, Va. 22655 Thomas G. Scully 148 85(A) Post Office Box 274 Winchester, Va. 22602 Allen Food Service, Inc 148A 85(A) 603 Millwood Avenue Winchester, Virginia 22601 - Texaco, Inc. 149 85(A) Post Office Box 4582 Atlanta, Georgia 30302 ` For adjoiner notice posting purposes, please mail a notice to Douglas M. Swift, Jr., Williams and Swift, Post Office Box 242, Winchester, Virginia, 22601 Page Two ,4 Rezoning Numbers Complete Mailing Address 9. 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 Applicant: McDonald' s �p ration ( Intended Contract Le: A. Train, Real Estate Representative Complete Mailing Address: McDonald's Corporation y 3015 Williams Drive Fairfax, Virginia 22031 Telephone Number: 703/698-4028 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval I� Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 7 Approval F—] Denial COUNTY ADMIN. (signed) Iw RECEIPT Date'WS 1912 No. c lJU9? Received From /[l1 XLK�� V Address -A ollars $ 03, 5 For ACCOUNT HOW PAID AMT. OE CASH ACCOUNT /- AMT. PAID CHECK BALANCE MONEY O/ By DUE ORDER