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HomeMy WebLinkAbout022-76 Howard F. Perry (Econo-Travel) - 5.447 Ac.m-1 R-2 to B-2 Shawnee - ZMAP approved by BdSP - Backfileev Zoning Amendment No. O10/8/76 APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICi;, �_:.-_:JI: ' TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . . . ' I (MR), THE UNDERSIGNED, DO HEREBY RESPECTFULLY A= APPLICATION AND PETITION THE GOVERSJING BODY TO AY.END THE ZONING ORDINANCE AND TO CHANGE THE ZONI\G MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located North of U. S. Route 50 East, I Shawnee Magisterial District, Frederick County, Virginia, __ _ _ It has a frontage of 10,32 feet and a depth of 366.43 feet and consists of 5.447 acres ' 2. The property sought to be rezoned is owned by Howard F. Perry , and is a part of t I propertyy XXAvidenced by deed from J. A. Bean,_ Widower recorded in Book 185 Page 235 , Registry of County of Frederick This property is designated as Parcel No. 108 on Tax :dap No. 64-(a)-108 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM R2 TO B2 4. It is proposed that the property will be put to the following use: Motel 5. It is proposed that the following buildings will be constructed: Expansion of existing motel - 16 rooms will be constructed on the property to be rezoned ID / 6. The following are of the individuals, firms, or corporations ownin-a property adjacent -11 to both si-es and rear, ,:A the property in front of (across street from) thc:�prdpe_=y sought to be rezoned: (Use additional paq•:s if necessary. V,•aME NuTbers COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARCEL Tr1X MaP a Unitel Associates, Ltd. —Clevenger 3 64A-(3)A 400 South Ocean Drive Hollywood, Florida 33020 Frank I b 109 64-(A)-1 9 1104 Harvard Drive Winchester Virginia 22101 c Frances P. Lages ill 64- (A) -111. 1144 Harvard Drive Winchester, Virginia- L. Franklin Seal 110 64-(A)-3.10 417 MilIwood Avenue inc es er, irginia e f i (NOTE: Information may be obtained from the Office of the Commissioner of Revenue_) 7. The following information is attached to support this application Plat of Land, Copy of Deed to Land, Rezoning Fact Sheet, Statement of taxes paid in 1975, Check in the amount of $106.00 B. -- -(Use additional pages -if necessary. I (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. Howard F. Perry SIGNATURE OF APPLICANT: y MAILING ADDRESS OF APPLICANT: Ourno�L. LaJr (Complete with Route, Street, P. 0. Box 444 Box, Etc. NUMBERS.) Winchester., Virginia 22601 f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING CONLMISSION PUBLIC HEARING RECOMMENDATION OF (date) /// Approval O Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 1 ;;� — b-- - M 7 Approval Denial COUNTY ADMIN. (signed) a. r 01• N25"261J? E /P ... 29.00 POST N08°24n0Q E O Q score Howard Perry Land - O /00 200 Shownee D%strlct Frederick County Virginio COUNTY OF FitEDEiUCK, to-t:,it I, I. L`c,:L, �!,,J:ary Pubic in 0 A(D "i'� "cr the SLatc and County aforesaid do horcby c rt9f;; that A. io ei.b rgc:r and Edith Rosenberger, his wife, and J. Bean, whore !,aces are signor' to the fcr,goim ng and annexed instruent of writing bearing dated May 20t1_, 1935, have each p..rsonally appeared before me in my btate and County afore:• id and acknowledged the same. Loy coMMission cxpircc November 1, 1938. I Uiven under my hand this 20 day of "larch 1937. _ _ :.II_Li_,RED I, HOOK NOT:.!iY tJBLIC. VIRGINIA FRErERICK COTRITY SCT: This Instrumon'; of :vritirig was produced to me on the 15th day of May 1942 at 2:OOP.M. and with certificate of acknowledgment thereto annexed was admitted to m!cord. ,CLERK. #399 J. A. BEAN ell TO :: DEFT HOWARD F. PERRY ' THIS DEED iiADE AND DATF.D THIS 15th day of LIay 19421 i between.J. A. Bean (widower) party of the first part and Howard F. Perry, party i of the.second part. I WITUESSETH: That the said party of the first part, for and in consideration of the sum of Teri Dollars (410.00) and other valuable considerati:,ns i in hand paid, the receipt of urhich is hereby acknowledged, doth hereby grant and convey I with general warranty of title unto the said Howard F. Perry, his heirs and assigns forever, all of that certain tract or parcel of land with the buildings and improve- ments thereon and the appurtenances thereuntolalonging, situated in Frederick County, Y Virginia near the eastern suburbs of the City of Winchester, Virginia, and more particularly described as follows Beginning at a pest corner to Asa Rosenberger; thence I with him N. 8 3/40 E. 26.48 poles to a stake corner to Rosenberger and German; i thence with German 644�0111. 70.4 poles to a post corner to Carper and German; thence with Carper S. 7 3/40W. 26.16 poles to a post corner to Rusn and Carper; thence with i j Rush and Rosenberger S. 62 j E. 71.08 poles to the beginning, containing ten (10) acres, more or lese, according to a plat and survey of the same made by A. J. Tavenner, County Surveyor of -Frederick County, Virginia on the 19th day of February 1935, and I is attached to a deed of Inlease from M. M. Lynch, Trustee to J. A. Bean, dated February 23, 1935, and which is recorded 'in the Clerk's Office of the afecsaid County of Frederick in Deed Book 169, page 323; being a portion of a larger tract of land which was conveyed to J. A. Bean by C. L. Rook and wife by deed dated on the 1st day of March 1913, of record in the afocsaid Clerkts Office in Deed Book 135, page I \ \ i And the said party of the first part doth also grant and i 0 ti'o OLD convey with general warranty of title unto the said Howard F. Perry, his heirs and assigns forever, the hereinafter described strip or parcel of ground for the right of ingress and egress to and from the propelrtyhcreby conveyed from the Boyce -Millwood Road (now Route 50). Said strip of ground is ten (10) feet in width and extends from the Boyce -Millwood Road (Route 50) in a northerly direction along the line between the property of A. L. Rosenberger and II. L. Rush to the property of said Bean, which said Zright of way was conveyed to the said J. A. Bean by the said A. L. Rosenberger and wife by deed dated May 207 1935, and which is to be recorded in the aforesaid Clerk's Office preceding this deed. Reference is here made to the above mentioned deeds and the plat for a more particular description of the property hereby conveyed. i And the said party of the first part covenants that he has a right to convey the same to the grantee; that the grantee, his heirs and assigns, shall have quiet possession of said property; that the same is free from encumbrances; and that lie will execute such further assurances of title as may be rquisite. i i witne:•s the following signature and seal. J. A. BEAN (SEAL) STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: j I I, Margaret K. Harris, commissioned Margaret C. Kelchner, a notary public of and for the County aforesaid, in the said State of Virginia, do certify that J. A. Bean, iihose name is signed to the foregoing writing bearing date of the 15th day of May, 1942, has personally appeared before me in my County and State aforesaid and acknowledged the same. My commission expires on the 9th day of April, 1945. Given undor my hand this 15th day of I:iay, 1942. REVENUE ST�UTPS $2.75 CANCELLED VIRGINIA FREDERICK COUNTY SCT: MARGARsT K. IiAR ,IS NOTARY PUBLIC. Commissioned Margaret C. Eelchner. This Tnstrument of writing was produced to me on the 15th d ay of May 1942 at 2:05 P.M. and with certificate of acknowledg thereto annexed was admitted to record. ,CLERK. A) c cyarizz�A tt of ]91aymhtB. anz H. RC)hI'%LD B,7RG 9 Cou,7'r :'lgljr'I?:.: PLANNING DIM^ECTOR REVIEW and COMMENT EVALUATION WINGHESTFR, VIRGINIA �oot J. WILLIA,A RILEY, Ill Y.ONING Coop, Aom IN13TRATOR Winchester W/S Dept., City of Winchester , ATTN Mr. James W. Gibbons, Supt. 2*/ Department of Highways and Transportation, ATTN Mr. Reginald C. King 3 / REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION 4 ENCLOSURES: Property Plat for ZMAP No. 022-76 5 PROPERTY OWNERs: Howard F. Perry 6 Representative (s) : F. L. Largent .':..advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. 7 PROPERTY LOCATION: North side of Rt. 50 East, immediately North of I 8 PROPOSED USE: Expansion of existing motel - 16 rooms will be constructed on property to be ruzoned. 9 TOTAL ACREAGE: 5.447 acres .0 YOUR REVIEW and COMvIENTs would be appreciated no later thanjJed., Oct. 27 1976 .1 By: J. William Riley, III Date: 15 OCT 76 FOR YOUR COMMENTS: FOR YOUR SIGNATURE: Date: lo IT 703/662-4532 TREASURER'S OFFICE �� COUNTY OF IA REDERICIN0 P. O. Box 225 WINCIIESTER, VIRGINIA 22601 DOROTHY D. RECRIACY, TREASURER PDONE 662-6611 TO WHOM IT MAY CONCERN: All taxes in the name of Howard F. Perry in Shawnee District, have been paid thru the year 1975. Shows to whom & date delivered ... 15� DATE MAILED „?/ C)C T % % 76 L. Franklin Seal 417 Millwood Ave. Winchester, VA 22601 d 334849 Frances P. Lages 1144 Harvard Drive Winchester, VA 22601 c 334850 Frank I. Clevenger 1104 Harvard Dr. Winchester, VA 22601 b 334851 United Associates, Ltd. 400 S. Ocean Dr. Hollywood, FL 33020 a 334852 Fluornoy L. Largent, Jr., Esq. P.O. Box 444 Winchester, VA 22601 atty 334853 Howard F. Perry 13 Valley Ave. Winchester, VA 22601 appl 334854 ZMAP # 022-76 Howard F. Perry 6 Certified Letters 334854-334849 c. - �7 L Cfiiv of Pinrhimfor, Virginia ti October 25, 1976 RCU55 CITY HALL 22601 MEMO TO: Mr. H. Ronald Berg, Planning Director, Frederick County FROM: James W. Givens, Utilities Superintendent SUBJECT: Rezoning of Perry Property - N. side of Rt. 50 East As can be noted from the attached plat, City sewer is not "adjacent" to the 5.447 acre tract for which the rezoning request was received. Although it is understood that the subject tract is for the expansion of the Econo-Travel Motel, the property, by being in two parcels, could be divisible by sale, and in accordance with the City Code, must have a separate sewer service; however, in accordance with City policy, adopted in January, 1976 (copy en- closed), a separate sewer connection is not possible as a sanitary sewer main is not adjacent to the 5.447 acre tract. Should the property line on the plat be removed as indicated, then the 5.447 tract and the Econo-Travel tract would become one property. An expansion of the existing motel (in such a way as to not be divisible by sale) would permit the use of the existing sewer service for the expansion. If further information is required, please advise. <<Iff4e Apple Tapital„ POLICY A� �W Sanitary Sewer Extensions in Frederick County (�I "Sanitary sewer mains shall not be extended to any point in Frederick County except to: (1) Honor those contracts previously approved; namely: (A) Senseny Heights Subdivision owned by E. L. Peters, agreement dated March 10, 1971. There are 30 lots within this subdivision to which a sewer main could be extended; however, per an agreement with Frederick County dated January 24, 1973, Mr. Peters agreed to the county serving 18 of these lots. Therefore, the City still has a valid agreement to serve 12 lots in the beforementioned subdivision fronting on Massie Drive. (B) Agreement with Nora L. Garber Trust, approved by Council September 9, 1975. This sewer main extension will serve a maximum of five lots situated east of Interstate 81, lying between Garber Road and U. S. 522 South. (2) Make main extensions into those subdivisions for which a request was made prior tQ January 1, 1976; namely: (A) College Park Subdivision, Section 4, owned by Francis P. Lages, to service 12 lots located on Yale Drive and Vassar Circle. (B) Heritage Hills Subdivision, Section 1-A, owned by LDE Corporation, to service 7 lots on Huntcrest Road (3) Make main extensions to serve City owned property. All permitted sewer main extensions must have the unconditional approval of the Frederick County Board of Supervisors. The City shall continue to make individual sewer service con- nections to those properties which are adjacent to an existing City sanitary sewer main". REVISED POLICY ADOPTED BY CITY COUNCIL JANUARY 13, 1976 ZONING MAP AMENDMENT PETITION NO. 022-76 Howard F. Perry R- 1 to B - 2 Location Please refer to attached map. Proposed Use Expansion of existing motel. Adjoining Land Use Holiday Inn and College Park Subdivision to Open land directly to the North. Natural Environment Geology Martinsburg shale. Soils Carbo soils. This soils series will create const_-_===_-i problems due to shrink and swell. Water This property is not in a flood hazard area; and __=-=_=e drainage should not be a problem. Public Facilities Highway Route 50 is rather congested at this point. Utilities The City of Winchester will provide utilities to -roperty if it is a continuation of the Econo-Travel -- there must be one ( ____ to cover what is now two (2) properties per the City's requirement. ZONING Yard Requirements may be met. LAND USE PLAN This area is included in the commercial area of the Land Use Plan. Staff Comment No comment seems necessary. This rezoning is covered by the Lam- Plan, and is an expansion of an existing business. It would appear that Tulane Drive in College Park will not be u= __= access. PLANNING COMMISSION RECOMMIENDED APPROVAL November 3, 1976. REZONING FACT SHEET 1. Total amount for Rezoning (acres) ................. 2. Highway frontage amount (feet) .................... 3. Amount situated in a flood hazard area (acres).... 4. Single-family homes: a. Total amount .............................. b. Average lot size ......................... C. Amount of units attached .................... d. Amount of units detached .................... e. Total unit density (per acre) ............... 5. Multi -family homes: a. Amount of apartments .................... b. Average dimension of apartments (square feet) C. Average amount of bedrooms (per apartment) d. Total unit density (per acre) ............... 6. Commercial: 5 Acres 10 Feet N/A N/A N/A a. Amount of sales area (square feet) .......... 5400 of bldg_ ground level b. Estimated amount of employees ............... Two C. Amount of parking spaces to be provided ..... 24 ± 7. Industrial: a. Building dimensions (square feet) .......... N/A b. Estimated amount of sewage discharge per day (gallons) ............... C. Estimated amount of solid waste discharge per month (tons) ..... d. Estimated amount of employees ............... e. Amount of parking spaces to be provided ..... 8. What services or amenities will be provided? (Please list individually - use separate sheet if necessary.) Expansion of existing motel building - Add 24 rooms - 8 rooms on existing property and 16 rooms will extend on to property under rezoning request. 44 �c -�,-CA- � lv RECEIPT FOR CERTIFIED MAIL-30(. (plus postage) I SENT TO POSTMARK OR DATE U-0 _ _ co STREET AND NO P.O., STATE AND ZIP CODE cn OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1 Shows to whom and date delivered ..._ _ RECEIPT With restricted delivery 2. Shows to whom, date and where delivered .. SERVICES With restricted delivery RESTRICTED DELIVERY SPECIAL DELIVERY (extra fee required)--- --- ---- PS Form 3800 NO INSURANCE COVERAGE PROVIDED- (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL GPO: 1975-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-302 (plus postage. SENT TO co STREET AND NO. MP.O., STATE AND ZIP CODE OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom anA date delivered ........... 15 RECEIPT With restricted delivery _ . 65 2. Shows to whom, date and where delivered .. 35 SERVICES With restricted delivery _ 85 RESTRICTED DELIVERY 5� SPECIAL DELIVERY (extra fee required).... .......... .............. ..... Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED — Aug. 1975 NOT FOR INTERNATIONAL MAIL PUJI MANK OR DATI i I � (See other side) }�} GPO: 1975 O 591 -45L STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. L0 00 M CIO z RECEIPT FOR CERTIFIED MAIL-30� (plus postage) I SENT TO STREET AND NO. P.O., STATE AND ZIP CODE OPTIONAL SERVICES FOR I RRETURN 'r• anvws cv wnvm anv vale vau'arav ........... —V With restricted delivery . 650 ECEIPT Y. Shows to whom, date and where delivered .. 35Q SERVICES With restricted delivery _ 854t POSTMARK OR DATE PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL {7 pro: 1e75-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED, 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-304� (plus postage) SENT TO POSTMARK OR DATE LO 00 STREET AND NO. M P.O., STATE AND ZIP CODE M OPTIONAL SERVICES FOR_ ADDITIONAL FEES RETURN 1 Shows to whom and date delivered ........... 154 RECEIPT With restricted delivery .. 650 2. Shows to whom, date and where delivered .. 35t SERVICES With restricted delivery ... 850 RESTRICTED DELIVERY 504t Q SPECIAL DELIVERY (extra fee require--------- Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL GPO 1975 0 591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. I z RECEIPT FOR CERTIFIED MAIL-30w (plus postage) SENT TO PDSIMARK OR DATE STREET AND NO. P.O., STATE AND ZIP CODE OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. shows to whom and date delivered ........... 150 With restricted delivery 650 RECEIPT 2. Shows to whom, date and where delivered .. 350 SERVICES With restricted delivery 850 RESTRICTED DELIVERY SOQ SPECIAL DELIVERY (extra fee required) -- - - PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL y} GPO: 1975-0391-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-30� (plus postage) SENT TO - STREET AND NO. M P.O., STATE AND ZIP CODE M OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date delivered ........... 150 RECEIPT With restricted delivery .- 650 2. Shows to whom, date and where delivered.. 350 SERVICES With restricted delivery 850 RESTRICTED DELIVERY Soo SPECIAL DELIVERY (extra fee require PS Form 3800 NO INSURANCE COVERAGE PROVIDED — Aug. 1975 NOT FOR INTERNATIONAL MAIL POSTMARK OR DATE (See other side) tiL GPO: 1975-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a Post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item I of the return receipt card. 5. Save this receipt and present it if you make inquiry. STATE OF VIRGINIA COUNTY OF FREDERICK, to-S^:it : Ij �Ic,tary- Public in and fcr thc; State and County aforesaid do hereby cer t fy that and Edith Rosenberger � his �:vife and J. Beans whose names are signet? to the foregoir_g and annexed instrument of sriting bear-ng dated Lay 201;h, 19351 have each p-_rsonally appeared befog-e me in my 6tate and County afore: id and acknowledged the same. My commission cxpirec November 11 1938. VIRGINIA FREDERICK COU'ITY SCT : uiven under ray hand this 20 day of "arch 1937. ''ILI%FcED I. 1100IL TTOTIiRY PUBLIC. This Instr:xme_nt of writing was produced to me on the 15th day of 1!ay 194-2 at 2:0Ci .M. and with certificate of acknowledgment thereto annexed was admitted tozEcord. 17 A��7r ICLE1iK. #399 J. A. BEAN TO :: DEFT HOWARD F. PERRY TI IL; DEED I,ADE AND DATED ThIS 15th day of May 1942 , between J. A. Bean (vridower) party of the first part and Howard F. Perry, party of the -second part. WITiTEZSI:TH : That the said Party of the first part, for and in consideration of the stun of Teti Dollars ($10.00) and other valuable considerat__.'ns in hand paid the receipt of w hich is hereby acknowledged � doth hereby grant and convey with general warranty of title unto the said Howard F. Perry, his heirs and assigns forever, all of that certain tract or parcel of land with the buildings and improve- ments thereon and the appur{.;enancos thereunto telonging, situated in Frederick t;ountyq Virginia near the eastern suburbs of the City of .7inchester, Virrinial and more particularly described as follows: Beginning at a post corner to Asa Rosenberger; thence with him N. 8 3/40 26.48 poles to a stake corner to Rosenberger and German; thence with German 641-OVI. 70.4 poles to a post corner to Carper and German; thence with Carper S. 7 3/41W. 26.16 poles to a post corner to Rusn and Carper; thence with Rush and Rosenberger S. 62 4 E. 71.08' holes to the beginning, containing ten (1C) acresq more or les�-, according to a plat and survey of the same made by A. J. Tavenner2 Gounty Surveyor of Frederick Count-y7 Virginia on the 19th day of February 19359 and is attached to a deed of Tease from M. M. Lynch, Trustee to J. A. Bean, dated February 231 1935, and which is recorded 'in the Clerk's Office of the afrmsaid County of Frederick in Deed Book 169, page 323; being a portion of a larger tract of land wYiich was conveyed to J. A. Bean by C. L. hook and v.rife by deed dated on the 1st j day of Llarch 19131 of record in the aforesaid Clerkts Cffice in Deed Book 1359 page And the said party of the first part doth also grant and W convey With general warranty of title unto the said Howard F. Perry, his heirs and assigns forever, the hereinafter described strip or parcel of ground for the right of ingress and egress to and from the property hereby conveyed from the Royce -Millwood Road (now Route 50). Said strip of ground is ten (10) feet in vridth and extends from the Boyce -Millwood Road (Route 50) iil a northerly direction along the line between the property of A. L. Rosenberger acid H. L. Rush to the property of said Bean, which said Zright of way v.ras conveyed to the s<<ia J. I.. Bean by the said A. L. Rosenbergor and wife by deed dated May 20, 1935, and which is to be recorded in the aforesaid Clerkts Office preceding this deed. Reference is here made to the above mentioned deeds and the plat for a more rarticular description of the property hereby conveyed. And the said party of the first pert covenants that he has a right to convey the same to the grantee; that the grantee, his heirs and assigns shall have quiet possession of said property; that the same is free from encumbrances; and that lie will execute such further assurances of title as may be rquisite. STATE OF VIRGINIA, COTRTTY OF FREDERICK, to -wit: Wit.ne:•s the following signature and seal. J. ii . BEAN -(SEAL) I, Margaret K. liar,�is l commissioned Margaret C. Kelchncr, , a notary public of and for the County afore�-aid , in the said State of Virginia, do certify that J. ii , Bean, ,)t!o_ e, name is signed to the foregoing writing bearing date of the 15th day of May, 1942, has personally appeared before me in my County and State aforesaid and aelmov:iedged the same. REVENUE S1,IL FS $2.75 CANCELLED ******************** VI-;GINIA FREDL:_ TCK COUNTY SCT : T,Ty commission expires on the 9th day of April, 1945. Give,, candor my hand this 15th day of Iday, 1942. MkRGAHET K. HARRIS NOTARY PUBLIC. Commissioned Margaret C. Kelchner. This Tnstrument of writing was produced to me on the 15th d ay of llay !,?42 at 2::'S P.T.i, and v�ith ccrtifi.cate of acknolvledg, thereto annexed was admit _ed to re -ord. v CLr,RK I- Y Application Da Zoning Amendment No. Date 10�8�76 APPLICATION FOR REZONING - - - - - - - - - - - - - - - - - - - - COUNTY OF FREDERICK, V--;:74IA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA - - . I (MR), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVEF1.ING BODY TO A"SEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located North of U. S. Route 50 East Shawnee Magisterial District, Frederick County, Virginia, It has a frontage of 10.32 feet and a depth of 366.43 feet and consists of 5.447 acres_ 2. The property sought to be rezoned is owned by Howard F. Perry , and is a part of property kvidenced by deed from J. A. Bean, Widower recorded in Book 185 Page Frederick , Registry of County of This property is designated as Parcel No. 108 on Tax Map No. 64-(a)-108 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM R2 TO B2 4. It is proposed that the property will be put to the following use: Motel 5. It is proposed that the following buildings will be constructed - Expansion of existing motel - 16 rooms will be constructed on the property to be rezoned 6. The following are of the individuals, firms, or corporations owninq propert, adjacent to both sides and rear, m- d the property in front of (across street from) the<prdpefzy sought to be rezoned: (Use additional pages if necessary.) NAME Nunbers COMPLETE MAILING ADD2ZESS (Street, Route, Box, Etc_ NOS.) PARCH TAX M.LP a Unitel Associates, Ltd. 3 64A-(3)A 400 South Ocean Drive Hollywood, Florida 33020 Frank I. Clevenger b 109 64-(A)-1 9 1104 Harvard Drive Winchester, Virginia 22601 c Frances P. Lages ill 64- (A) -113. 1144 Harvard Drive Winchester, Virginia 22601 d L. Franklin Seal 110 64-(A)-110 417 Millwood Avenue Winchester, Virginia 276 e f g i (NOTE: Information may be obtained from the office or the Uo=nissioner or eevenue.) 7. The following information is attached to support this application Plat of Land, Copy of Deed to Land, Rezoning Fact Sheet, Statement of taxes paid in 1975, Check in the amount of $106.00 (Use additional pages if necessary.) 8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000` (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. T4nwarr1 F _ PPrrry SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc. NUMBERS.) Winchester., ',.Tirginia 22601 .f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed)•• BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) �'— ` Approval F-1 Denial COUNTY ADMIN. (signed) 7