HomeMy WebLinkAbout002-94 Thomas C. Glass - Shawnee District - BackfileRECEIPT
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FREDERICK COUNTY DEPT. OF PLA14NING AND DEVELOPMENT
P.O. BOX 601, 9 NORTH LOUDON ST.
WINCHESTER, VIRGINIA 22601
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3
REZONING CHECKLIST
The application is not complete if the following are not present:
SUBMISSION PACKAGE
1. Comment sheets from the following agencies along with any marked
copies of the plan:
VDOT City of Winchester
✓ Co. San. Auth.
AW Inspection Dept.
Fire Marshal
County Attorney
_ Co. Health Dept.
Parks & Recreation
W/11 Airport Authority
L,� Co. Engineer
2. Application form 6. _ Taxes paid statement
3. Location Map 7. r/ Sign received
4. Survey 8. Fees paid
t% 5. Deed 9. Impact statement
10. ✓ Proffer statement
TRACKING
VXM Application Received
11 Q Fees paid (Amount (33.3" )
�3 q Adjoiner notifications mailed for PC public hearing
Rezoning heard by PC (Action
Memo to BOS re: date for public hearing Y
Adjoiner notification mailed for BOS public hearing
Rezoning 'heard by BOS (Action
T
Ordinance of amendment with conditions proffered prepared for County
Administrator's signature
Zoning map amended
Rezoning records updated
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
May 12, 1994
Mr. H. K. Benham, III
Harrison & Johnston
21 South Loudoun St.
Winchester, VA 22601
Dear Mr. Benham:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting of May 11, 1994.
Subject to the attached proffer statement, rezoning application #002-94 for Thomas C. Glass was
approved for the rezoning of 2.38 acres from B1 (Neighborhood Business) to B2 (Business
General) for limited B2 uses. This property is located east of Winchester, at the northwest
corner of the intersection of Senseny Road and Greenwood Road, in the Shawnee District, and
is identified as PIN 55-A-194.
If you have any questions regarding the approval of this rezoning, please feel free to call this
office.
Sincerely,
Kris C. Tierney
Deputy Director
KCT/slk
attachment
cc: Thomas C. Glass
9 North LOLioUn Stl'eet P.O. Box 601
Winchester, VA 22001 Winchester, VA 22604
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission April 6, 1994 - Recommended Denial
Board of Supervisors May 11, 1994 - APPROVED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#002-94 of THOMAS C. GLASS
WHEREAS, Rezoning application #003-94 of Thomas C. Glass was submitted to rezone 2.38
acres, located east of Winchester, at the intersection of Senseny Road and Greenwood Road, in
the Shawnee District, and designated by PIN 55-A-194, from B1 (Neighborhood Business
District) to B2 (General Business District); and,
WHEREAS, the Planning Commission held a public hearing on this application on April 6,
1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on May 11,
1994; and,
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 2.38 acres, designated as PIN #55-A-194, from B1
(Neighborhood Business District) to B2 (General Business District) as described by the
application and plat submitted, subject to the following conditions voluntarily proffered in
writing by the applicant and property owner:
A
•
REZONING REQUEST PROFFER
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No. _002-94
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
Hotels and motels.
F. Organizational hotels and lodging.
0 •
G. Car washes.
H. Golf driving ranges and miniature golf courses.
I. Model home sales offices.
J. Self-service storage facilities.
K. Public utility distribution facilities.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses. This proffer
does not intend to prohibit the use of the subject property for
an electric supply business.
3. The subject property shall be subject to the dimension
requirements, including the floor to area ratio and the lot
coverage requirements of the B-1 Zoning Districts of Frederick
County, Virginia. In addition, the maximum floor area for this
site shall be 31,100 Square Feet (the existing building is
approximately 30,000 Square Feet).
4. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass
(Owner and Applicant)
This resolution was approved by the following recorded vote:
Richard G. Dick Aye Jimmie K. Ellington Aye
W. Harrington Smith, Jr. Aye James J. Longerbeam Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager --Aye
This ordinance shall be in effect upon its passage.
Passed this 11th day of May, '1994.
A Copy Attest
John, -Ailey, Jr.
Frederick County Administrator
• 0
P/C review date: 4/06/94
BOS review date: 5/11/94
REZONING APPLICATION #002-94
THOMAS C. GLASS
To Rezone 2.38 Acres
From B1 (Neighborhood Business District)
To B2 (Business General)
LOCATION: East of Winchester, at the northwest corner of the
intersection of Senseny Road and Greenwood Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 55-A-194
PROPERTY ZONING & PRESENT USE: Zoned B1 (Neighborhood Business
District), present use - retail and restaurant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential
Performance) and RA (Rural Areas) - Land use - residential and
vacant
PROPOSED USE: Limited B2 uses.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to the
rezoning of this property. Existing entrances are adequate,
however, should use ever expand in the future they may have to
be upgraded.
Fire Marshal: This rezoning should have no significant impact
on fire and rescue department resources. Approved by Fire
Marshal. Eddie Keeler, Chief, Greenwood Fire Company - As
building changes from original lay -out, Fire and Rescue should
be updated as to changes in building. Also, any conditions
that may cause a new hazards must be reported immediately
Sanitation Authority: No comment.
County Engineer: The engineering department has no comments
on this rezoning request provided it does not alter the
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Page 2
T. Glass Rezoning
existing parking area and/or increase the off -site runoff.
County Attorney: Proffers appear to be in proper form.
PLANNING
Location: The property is located at the intersection of Route
657 (Senseny Road) and Route 656 (Greenwood Road). The site
is within the Urban Development Area and adjoins RP,
Residential Performance, zoning to the north (rear) and west
of the property. The zoning of the property across both
streets from the site is RA, Rural Areas.
Background: A previous request to rezone this parcel from B-1
to B-2 was considered in 1983. As a part of that same
application, a portion of the adjoining property (roughly 15
acres) was rezoned from B-1 to RP, Residential Performance.
The portion of the application requesting B-2 zoning on the
subject property was denied.
Site Suitability: The site is quite flat and contains a
30,000 square foot building and associated paved parking. The
site is developed to very nearly the maximum extent permitted
under the present B-1 zoning in terms of FAR (floor -to -area
ratio, or lot coverage).
Potential Impacts: The applicant proffers that the site would
conform to the current FAR limitations of B-1 zoning which is
.3. This proffer further states however, that the maximum
floor area for the site would be 35,000 square feet. This
would exceed the stated FAR of .3. The FAR for the site as
presently developed with the 30,000 square foot building is
.289. The addition of 5000 square feet would result in a FAR
of .34 thus exceeding the .3 limit. If the portion of the
statement concerning the 35,000 square feet were to be
eliminated, little or no additional construction could take
place on the site.
Impacts to sewer and water should be minimal. There may be
some increase in traffic as a result of some of the uses
permitted in B-2, drawing trips from a larger area.
The applicant has proffered out a number of the uses which are
permitted in the B-2 zone. The staff feels that there are
additional uses that could be proffered out. Some of these
uses would be golf driving ranges and miniature golf courses,
motion picture theaters, model home sales offices, and self
service storage facilities. These uses are either not
practical given the present development of the site or could
potentially draw traffic from a much larger area.
L
Page 3
T. Glass Rezoning
Conclusions: The zoning ordinance states that the intent of
B-2 zoning is "to provide large areas for a variety of
business, office and service uses. General business areas are
located on arterial highways at major intersections and at
interchange areas." The ordinance further states that General
business areas "should have good access to major thoroughfares
and should be properly separated from residential areas."
This language indicates that the site does not fit the
description of a desirable B-2 location. The proffers
submitted as a part of the application eliminate a number of
the more intensive uses permitted in B-2. The staff questions
at what point the proffers associated with a B-2 zoning
request have the effect of "watering down" the zoning enough
to make the description of intended locations for such zoning
no longer applicable.
The rational for locating B-2 zoning at major intersections or
interchange areas is due to the high traffic volume associated
with a number of the permitted uses. Assuming the applicant
proffers out the high traffic generators and limits the FAR to
that of B-1, then the reasoning behind the statement of
desired location no longer applies.
Given the potential impact of some of the permitted uses which
remain a part of this application however, the staff feels the
rezoning would not be appropriate.
STAFF RECOMMENDATIONS FOR 4106194 PC MEETING: Denial.
PLANNING COMMISSION ACTION SUMMARY OF 416194: Thomas C. Glass, the
owner of Country Park Shopping Center, was present to request a
rezoning to B2. He offered to limit the B2 uses by submitting
proffers which eliminated the intensive uses permitted in B2. He
explained that B1 Zoning did not have enough appropriate uses to
fill his building space and that over the last six years, he has
never been more than 50% full. He felt his building lent itself
well to retail stores, such as hardware, small furniture, paint and
wall covering supplies, and plumbing and electrical supplies --all
B2 uses in the ordinance.
The Commission realized that Mr. Glass needed a broader base of
allowable business uses, but they did not want to set a precedent
that would cause problems in other areas of the county. Some of
the Commissioners felt that allowing other specific uses in B1,
rather than rezoning to B2, would be the desirable approach and
would not set a precedent for more B2 rezonings. Other
Commissioners were of the opinion that it would be detrimental to
add more uses to B1 Zoning and felt they should approve the B2
rezoning.
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Page 4
T. Glass Rezoning
PLANNING COMMISSION RECOMMENDATIONS OF 4/06194: Recommended denial
by majority vote. (Absent: G. Romine and M. Copenhaver) The vote
was as follows:
YES (TO APPROVE): DeHaven, Shenk, Golladay, Marker
NO: Morris, Thomas, Wilson, Light, Stone
REZONING APPLICATION FORM
FREDERICR COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number Doi,-44
Submittal Deadline 3-ti-94
PC Hearing Date U -c, -q4
Date Received
Application Date
BOS Hearing Date
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court Square, Winchester.
1. Applicant:
Name: Thomas C. Glass
Address: 847 Lake Saint Clair Drive
Winchester, Virginia 22603
Telephone: 703-667-7447
2. Owner:
Name: Thomas C. Glass
Address: 847 Lake Saint Clair Drive
Winchester, Virginia 22603
Telephone: 703 - 667 - 7447
In addition, the Code of Virginia allows us to request full
disclosure of ownership in relation to rezoning applications.
Please list below all owners or parties in interest of the land to
be rezoned:
None
5
0 •
3. Zoning Change: It is requested that the zoning of the property
be changed from B-1 to B-2
4. Location: The property is located at (give exact directions):
Northwest corner of intersection of Senseny Road and Greenwood Road,
just East of Winchester in Frederick County, Virginia
5. Parcel Identification:
21 Digit Tax Parcel Number:
6. Magisterial District:
7. Property Dimensions:
rezoned.
Total Area: 2.38
Shawnee
55-A-194
The dimensions of the property to be
Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
2.38 Acres Rezoned to B-2
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage:
Depth: 200
500
Feet, more or less, on Senseny Road
Feet, more or less
S. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: H. Benjamine Crim and wife
Deed Page: 82
Deed Book Number: 572
R
0
9. Proposed Use: It is proposed that the property will be put to
the following uses.
Primarily retail in the form of a shopping center - in the building
presently existing on the property.
10. Checklist: Check the following items that have been included
with this application.
Location map x
Survey or plat x
Deed to property x
Statement verifying taxes x
Sign receipt x
Agency Comments x
Fees x
Impact Analysis Statement x
Proffer Statement x
11. Signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate to the best of my (our) knowledge.
Applicant:
Owner:
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name: ( � . K. Benham, III ) Harrison & Johnston
Representative's Phone Number: 703-667-1266
7
9
0
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21-digit tax parcel identification number which may be obtained
from the office of the Commissioner of Revenue.
Name
Address
and Property Identification
1
Address:
214 Monmouth Street
William F. Cowley
Winchester, Virginia
22601
Property
ID: 55-A-198
2
Address:
381 Mitchell Avenue
John Henry Giles
Elmhurst, Illinois 60126
Property
ID: 55-A-195
3
Address •
847 Lake Saint Clair
Drive
Thomas C. Glass
Winchester, Virginia
22603
Property
ID: 55D-1-27-34
4
Address:
Route 5, Box 525
Country Park Home Owners
Winchester, Virginia
22601
Property
ID: 55D-1-34A
5
Address:
Route 5, Box 525
Country Park Home Owners
Winchester, Virginia
22601
Property
ID: 55D-2-39A
6
Address:
847 Lake Saint Clair
Drive
Thomas C. Glass
Winchester, Virginia
22603
Property
ID: 55D-2-39
7
Thomas C. Glass
Address:
847 Lake Saint Clair
Drive
Winchester, Virginia
22603
Property
ID: 55D-2-38
8
Address:
Property
ID:
9
Address:
Property
ID:
10
Address:
Property
ID:
H.,
IMPACT ANALYSIS STATEMENT
RE: Property of Thomas C. Glass containing 2.38
Acres and improved by a shopping center
building partial occupied (located at the
Northwest corner of intersection of Senseny
Road and Greenwood Road in Shawnee
Magisterial District of Frederick County,
Virginia)
REZONING: B-1 to B-2
PURPOSE: For existing shopping center - to change
rezoning from B-1 to B-2 to allow additional
shopping center uses for the existing
shopping center spaces.
QUESTION: Will there be any impact resulting from the
changing of the rezoning from B-1 to B-2?
SUITABILITY
OF THE SITE - The site is suitable for a shopping center with
the uses permitted by B-2 as it is located at the
intersection of two major roads East of
Winchester and is currently satisfactorily being
used for a shopping center as permitted by B-1.
481114Cuoilid az&
PROPERTIES - The use of the property under B-2, rather than
B-1, should not change the impact on the
surrounding properties in regard to noise, glare,
fumes, pollution, smells or other nuisance
factors.
TRAFFIC - There should not be any significant increase in
traffic as the bulk of the tenants of this site
will be tenants which were permitted under B-1.
However, there may be some increase in traffic
resulting from those tenants permitted only by
B-2 zoning which might draw from an area larger
than the immediate neighborhood. However, this
does not appear to be substantial. Again, the
primary appeal of the shopping center will be to
tenants appealing to neighborhood users.
WATER, SEWER
AND DRAINAGE - Public water and sewer is already supplied to the
shopping center and there will be no need for any
change in the current water and sewer set up.
Likewise, there will be no change in the drainage
from the property. There is no need for nor any
planned change in the building presently con-
structed. In addition, if the property is
rezoned B-2, the anticipated volume of water
and sewage usage should not change.
EMERGENCY
SERVICES - The property is located within 200 feet of the
Greenwood Fire Department. No additional
services should be needed as the only effect
of the rezoning is to increase the number of
types of potential tenants.
SOLID WASTE
DISPOSAL - The additional potential users should not have any
greater use of solid waste disposal facilities.
HISTORIC
SITES - Not applicable.
ENVIRONMENT -
The rezoning of this property should not affect
the environment as the site is already con-
structed for a shopping center and there will
be no change in the site.
In summary, as the property is already improved for a
shopping center, there is no significant impact on the property
or the community as a result of the property being rezoned from
B-1 to B-2, other than an increase in the number of potential
tenants that can use the property. The Applicant through his
proffer has attempted to eliminate any potential tenants that
would have an impact on the neighbors or would result in
significant increase parking.
Thomas C. Glass
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LOT SURVEY
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
PARCEL C SECTION 2
COUNTRY PARK
FREDERICK COUNTY, VIRGINIR
OAT ERUG.8,1988
SCALE: 1 "=100'
DWN. BY:
i COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
To: Planning Commision Members
From: Kris C. Tierney, Deputy Planning Director r;"Date: Thursday, March 31, 1994
Subject: Proffers for Glass Rezoning
Please find enclosed a copy of revised proffers for the Tom Glass rezoning application.
The new proffers eliminate a few additional uses, and reduce the maximum square
footage of building(s) allowed on the parcel.
Please feel free to call me if you have any questions.
9 North LOudoun Strcet P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
• 0 0
§ 165-81 FREDERICK COUNTY CODE § 165-82
disposal before the mobile home park will be approved. Water and
sewer service must be provided through the use of public or
community systems. All community systems shall be dedicated to a
public authority.
ARTICLE X
Business and Industrial Zoning Districts
§ 165-82. District use regulations.
The following tables describe the business and industrial zoning districts in
Frederick County, the intent of those districts and the uses allowed in each
district. Standard industrial classification numbers are provided for particular
uses to assist the Zoning Administrator in classifying uses. Determining whether
a particular use should be classified under a particular category remains subject
to interpretation on the part of the Zoning Administrator.
A. [Amended 4-10-1991] B1 Neighborhood Business District. The intent of
this district is to provide small business areas to
serve the daily
household needs of surrounding residential neighborhoods. Uses
allowed primarily consist of limited retailing and personal service uses.
Business uses in this district should be small in size
and should not
produce substantial vehicle traffic in excess of what
is usual in the
residential neighborhoods.
Standard
Industrial
Classification
Allowed Uses
(SIC)
Food stores
54
Apparel and accessory stores
56
Drugstores
591
Miscellaneous shopping goods stores
594
Finance, insurance and real estate offices
-
Personal services, except the following:
72
Industrial launderers
7217
16612
§ 165-82
ZONING
Allowed Uses
Funeral homes and crematories
Car washes
Videotape rental
Medical offices
§ 165-82
Standard
Industrial
Classification
(SIC)
726
7542
784
801, 802,
803 and
804
Child day-care services 835
Civic, social and fraternal organizations 864
Public buildings —
Public utility distribution facilities —
Business signs —
Directional signs —
Residential uses which are accessory to
allowed business uses —
Parks —
Churches —
Restaurants [Added 12-9-19921 5812
[Amended 8-8-1990; 6-11-1991] B2 Business General District. The
intent of this district is to provide large areas for a variety of business,
office and service uses. General business areas are located on arterial
highways at major intersections and at interchange areas. Businesses
allowed involve frequent and direct access by the general public but
not heavy truck traffic on a constant basis other than that required for
delivery of retail goods. General business areas should have good,
direct access to major thoroughfares and should be properly separated
from residential areas. Adequate frontage and depth should be
provided, and access should be properly controlled to promote safety
and orderly development. Nuisance factors are to be avoided.
16613 4 - 1 - 93
§ 165-82 FREDERICK COUNTY CODE
§ 165-82
Standard
Industrial
Classification
Allowed Uses
(SIC)
Veterinary offices with all activities
074
and animals kept within the fully
enclosed primary structure
unication facilities
48
including , e egraph, radio,
on and other ncations
�' as and -at l utility
49
facilities s, excluding
the owing:
Sanitary services
495
Paint, glass and wallpaper stores
523
Hardware stores
525
Retail nurs-e-� and lawn and garden
526
supply stores
General merchandise stores
53
Food stores
54
and gasoline service
55
stations
Apparel and accessory stores
56
Home furniture, furnishings and
57
equipment stores
Restaurants
58
Miscellaneous retail, except for
59
the following:
Fuel dealers
598
Finance, insurance and real estate
—
offices
701
16614 4-1 -ss
§ 165-82 ZONING § 165-82
704
Personal services, including laundry and 72
funeral services, excluding the following:
Industrial launderers 7218
(Cont'd on page 16615)
16614.1 4-1-93
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0
§ 165-82
ZONING
Allowed Uses
Business services, excluding the following:
Miscellaneous equipment rental
Miscellaneous repair services
Motion picture theaters, except drive-in
Videotape rental
Amusement and recreation services operated indoors
Golf driving ranges and miniature golf courses
Health services
Legal services
Child day-care facilities
Membership organizations
Engineering, accounting, research, management and
related services
General business offices
Model home sales offices
Self-service storage facilities
Public buildings
Public utility distribution facilities
Business signs
Directional signs
Building entrance signs
Residential uses which are accessory to allowed busi-
ness uses
16615
§ 165-82
Standard
Industrial
Classification
(SIC)
73
735
7542
76
7832
784
79
7999
80
81
8351
86
87
§ 165-82
Allowed Uses
0 Is to
FREDERICK COUNTY CODE § 165-82
Standard
Industrial
Classification
(SIC)
Parks
Churches -
Libraries C. B3 Industrial Transition District. The intent of this district is to provide
for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of
business and industrial areas. In some cases, such areas may be
transitional, located between business and industrial areas. In these
areas, there will be a mixture of automobile and truck traffic. Some of
the uses in this district will require large areas of land and may have
outdoor storage and display. It is intended that the uses in this district
shall not be sources of noise, dust, smoke or other nuisances. Such
industrial transition areas shall be provided with safe and sufficient
access.
Standard
Industrial
Classification
Allowed Uses
(SIC)
Veterinary services
074
Landscape and horticultural services
078
Offices and storage facilities for building construction
15, 16 and
contractors, heavy construction contractors and special
17
trade contractors
Commercial printing
275
Local and suburban transit and interurban highway
41
passenger transportation
Motor freight transportation and warehousing
42
Transportation by air
45
Transportation services
47
16616
dft
•
C�
REZONING REQUEST PROFFER
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No.
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
E. Hotels and motels.
F. Organizational hotels and lodging.
NOTepahaNT
9
0
ry
zo
0
E
G. Car washes.
H. Golf driving ranges and miniature golf courses.
I. Model home sales offices.
J. Self-service storage facilities.
K. Public utility distribution facilities.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses. This proffer
does not intend to prohibit the use of the subject property for
an electric supply business.
3. The subject property shall be subject to the dimension
requirements of the B-1 Zoning Districts of Frederick County,
Virginia.
4. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass
(Owner and Applicant)
- 2 -
0
t,fl,AR 1994
RECEIVED rn
DEPT. OF PLANNING (ID
AND DEVELOPMENT �,��
0 0
i COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
April 27, 1994
TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S)
The Application of: THOMAS C. GLASS
Rezoning Application #002-94 to rezone 2.38 acres from Bl (Neighborhood Business District)
to B2 (General Business District) for uses allowed under B2 zoning. This property is located
east of Winchester, at the northwest corner of the intersection of Senseny Road and Greenwood
Road, in the Shawnee District, and is identified as PIN 55-A-194.
This rezoning application will be considered by the Frederick County Board of Supervisors at
their meeting of May 11, 1994, at 7:15 p.m., in the board room of the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties wishing to attend this meeting may do so.
Sincerely,
Kris C. Tierney, AICP
Deputy Director
KCT/dc
9 North Loudoun Strcct P.O. Box 601
Winchcstcr, VA 22601 Winchcstcr, VA 22604
This is to certify t the attached correspondence w�mailed to the following on
April 27, 1994 from
a Department of Planning and DWlopment, Frederick
County, Virginia:
e;51) 1. Z4,
CvL.A8;3, 11HCIMA8
847 I...AKE: 8T (:'LAIR' DR
WINCHE-1811EF., VA.
A 1.98
C OWL.E.'Y, WILI...:I:AM F'
21.4 MCINMCiUTH
WXNCHE87'ER, VA..
A 1919
.JOHN HE:NRY
381. .MITC:HM.L. AVE:.
E:L.MHUR81'., 11...1»..
I.OtJN1*RY PARK HOMEOWNERS AMN:.
RT. 5 BOX 52S
WINC',HEB'T'ER, VA.
H.K. Benham, III
Harrison & Johnston
21 South Loudoun Street
Winchester, Virginia 22601
Country Park Home Owners
115 Green Park Drive
Winchester, Virginia 22603
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Renee' S. Arlotta
K 2s C. i ney Deput or
Frederick Cou y De Planning
, a Notary Public in and for the state and
county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director,
for the Department of Planning and Development, whose name is signed to the
foregoing, dated April 27, 1994 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 27 day of April ,1994 .
My commission expires on August 31, 1995
Mo.
" "o-M. 10 w , W111 SM W-Al
0 0
i COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
March 23, 1994
TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S)
The Application of: THOMAS C. GLASS
Rezoning Application #002-94 to rezone 2.38 acres from B1 (Neighborhood Business District)
to B2 (General Business District) for uses allowed under B2 zoning. This property is located
east of Winchester, at the northwest corner of the intersection of Senseny Road and Greenwood
Road, in the Shawnee District, and is identified as PIN 55-A-194.
This rezoning application will be considered by the Frederick County Planning Commission at
their meeting of April 6, 1994, at 7:00 p.m., in the board room of the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties wishing to attend this meeting may do so.
Sincerely,
Kris. C..Tierney, AICP
Deputy Director
KCT/dc
9 North Loudoull Slreet P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify t the attached correspondence mailed to the following on
March 23, 1994 fr Othe Department of Planning and* elopment, Frederick
County, Virginia:
(wLA,98, 'rHOMAS C.
847 LAKE: eir I'.`.L..AIR X>R
r-
WoNCH.9-i'E F., VA.
COWLEY, WILL..IAM F"
A
214 MONMQtXT!:H STFiE El'
WINCHEi:l: rER, VA.
2260 J.
JOHN HE7NF:Y
:381 MI'T'CHE:L.:L.. AVE".
E:L..MHUF 81', ILL..
6012e)--
COUN'rrY F'ARK HOME.
55D
OWNERS
RT . "S nOX '"52 V;
WINCHE: SI'MR., VA.
H.K. Benham, II
Harrison & Johnston
21 South Loudoun Street
Winchester, Virginia 22601
C Rntry Park Home Owners
115 Green Park Drive
Winchester, Virginia 22603
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Renee' S. Arlotta
..ris C.
Tier ey,
De,p,6 ty Di
r
Frederi
k Cou
lrept.
anning
, a Notary Public in and for the state and
county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director,
for the Department of Planning and Development, whose name is signed to the
foregoing, dated March 23, 1994 has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this
My commission expires on
23 day of March
August 31, 1995
i
,1994
0
L�
The attached proffer statement being submitted by Thomas C.
Glass has been reviewed by the undersigned County Attorney with
the following comment:
COUNTY ATTORNEY FOR FREDERICK COUNTY
By
LawVence R. Ambrogi
u
0
REZONING REQUEST
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No. 002-94
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
E. Hotels and motels.
u. (cell,
F. Organizational hotels and lodging.
G. Car washes.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses.
3. The subject property shall be subject to the dimension
requirements of the B-1 Zoning Districts of Frederick County,
Virginia and shall be subject to a maximum floor area of 35,000
Square Feet.
4. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass
(Owner and Applicant)
0 0
0
F. Organizational hotels and lodging.
G. Car washes.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses.
3. The subject property shall be subject to the dimension
requirements of the B-1 Zoning Districts of Frederick County,
Virginia and shall be subject to a maximum floor area of,35,000
Square Feet. 3 ►, 141 LIP
4. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass r
(Owner and Applicant)
- 2 -
0 •
REZONING REQUEST
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No.
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
E. Hotels and motels.
�lit01'...
0
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0314941153 Date Received 030894 Date Reviewed 031494
Applicant Name Thomas C. Glass
Address 847 Lake Saint Clair Drive
Winchester, Virginia 22603
Project Name Country Park Plaza
Phone No. 703-667-7447
Type of Application Rezoning Current Zoning B-1
1st Due Fire Co. 18 1st Due Rescue Co. 18
Election District Shawnee
RECOMMENDATIONS
Automatic Sprinkler System X Residential Sprinkler System
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate X Inadequate Not Identified
Fire Lanes Required; Yes X No
Comments At hydrant locations.
Roadway/Aisleway Widths;
Adequate X Inadequate
Special Hazards Noted; Yes
Comments
Not Identified
No X
- Continued -
0
Hydrant Locations; See Notes
Adequate X Inadequate
Siamese Connection Location;
Approved Not Approved
Not Identified
Not Identified X
Additional Comments: This rezoning should have no significant
impact on fire and rescue dept. resources.
roved
R ' w ime .5 hr
.mot
Douglas A. Kiracofe
Fire Marshal
• 0
VERIFICATION OF PAYMENT OF TAX
I, the undersigned, do hereby verify that the real estate
taxes assess able against the following property by Frederick
County through 1993 have been paid in full. The property
contains % • `-2= Acres and has Parcel Identification No.
C : ��
0 •
PAGE:
PAYMENTS
2,439.64CR
70.52CR
3,180.38CR
3.180.3?CR
S.8?0.87CR
REZONING REQUEST
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No. 002-94
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
E. Hotels and motels.
Lu
�15
F. Organizational hotels and lodging.
G. Car washes.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses.
3. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass -
(Owner and Applicant)
- 2 -
C-7
•
REQUEST FOR REZONING COMMENTS
Frederick County Sanitation Authority
Attn: Engineer Director
199 Front Royal Pike
P.O. Box 618
Winchester, Virginia 22604
(703) 665-5690
F` CG
i
L ! L ' f L
The Frederick County Sanitation Authority is located on U.S. 522
South, one tenth of a mile from the U.S. 50 North intersection, if
you prefer to hand deliver this review.
Applicant's name, address and phone number:
Thomas C. Glass, 847 Lake Saint Clair Drive, Winchester, Virginia 22603
703-667-7447
Name of development and/or description of the request:
For existing shopping center - to change rezoning from B-1 to B-2 to allow
normal retail use.
Location:
Northwest corner of intersection of Senseny Road and Greenwood Road,
just East of Winchester in Frederick County, Virginia
Sanitation Authority Comments:
Sanitation
Authority Signature &
Date
(NOTICE TO
SANITATION AUTHORITY
* RPWTHIS
FO� AF APPLICANT.)it
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map, and
all other pertinent information.
9 0
r�
0
REQUEST FOR REZONING COMMENTS
Fire and Rescue Squad:
Company 18
Greenwood Voluntary Fire Company
P. 0. Box 3023
Winchester, Virginia 22601
703-662-9885
Applicant's name, address and phone number:
Thomas C. Glass, 847 Lake Saint Clair Drive, Winchester, Virginia 22603
703-667-7447
Name of development and/or description of the request:
For existing shopping center - to change rezoning from B-1 to B-2 to allow
normal retail use.
Location:
Northwest corner of intersection of Senseny Road and Greenwood Road,
just East of Winchester in Frederick County, Virginia
Fire and Rescue Squad Comments:
Ito
(i tfV
Fire and Rescue Signature and Date:
(NOTICE TO SQUAD - PLEASE
THIS FORM TO THE APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your plans and/or application form.
31
0
0
REQUEST FOR REZONING COMMENTS
Frederick County Engineering Department
Attn: Director of Engineering
P.O. Box 601
Winchester, Virginia 22601
(703) 665-5643
The Frederick County Engineering Department is located at 9 North
Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you
prefer to hand deliver this review.
Applicant's name, address and phone number:
Thomas C. Glass, 847 Lake Saint Clair Drive, Winchester, Virginia 22603
Name of development and/or description of the request:
For existing shopping center - to change rezoning from B-1 to B-2 to allow
normal retail use.
Location:
Northwest corner of intersection of Senseny Road and Greenwood Road,
just Wast of Winchester in Frederick County, Virginia
Engineers Comments:
Engineers Signature & Date�\n , �}L, 3111)94-
(NOTICE TO ENGINEERING DEPT. LEAS RETURN THIS FORM TO APPLICANT.
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map, impact
analysis and all other pertinent information.
IMPACT ANALYSIS STATEMENT
RE: Property of Thomas C. Glass containing 2.38
Acres and improved by a shopping center
building partial occupied (located at the
Northwest corner of intersection of Senseny
Road and Greenwood Road in Shawnee
Magisterial District of Frederick County,
Virginia)
REZONING:
PURPOSE:
QUESTION:
SUITABILITY
OF THE SITE -
SURROUNDING
PROPERTIES -
B-1 to B-2
For existing shopping center - to change
rezoning from B-1 to B-2 to allow additional
shopping center uses for the existing
shopping center spaces.
Will there be any impact resulting from the
changing of the rezoning from B-1 to B-2?
The site is suitable for a shopping center
the uses permitted by B-2 as it is located
intersection of two major roads East of
Winchester and is currently satisfactorily
used for a shopping center as permitted by
The use of the property under B-2,
B-1, should not change the impact
surrounding properties in regard
fumes, pollution, smells or other
factors.
with
at the
being
B-1.
rather than
on the
to noise, glare,
nuisance
TRAFFIC - There should not be any significant increase in
traffic as the bulk of the tenants of this site
will be tenants which were permitted under B-1.
However, there may be some increase in traffic
resulting from those tenants permitted only by
B-2 zoning which might draw from an area larger
than the immediate neighborhood. However, this
does not appear to be substantial. Again, the
primary appeal of the shopping center will be to
tenants appealing to neighborhood users.
1.
WATER, SEWER
AND DRAINAGE - Public water and sewer is already supplied to the
shopping center and there will be no need for any
change in the current water and sewer set up.
Likewise, there will be no change in the drainage
from the property. There is no need for nor any
planned change in the building presently con-
structed. In addition, if the property is
rezoned B-2, the anticipated volume of water
and sewage usage should not change.
EMERGENCY
SERVICES - The property is located within 200 feet of the
Greenwood Fire Department. No additional
services should be needed as the only effect
of the rezoning is to increase the number of
types of potential tenants.
SOLID WASTE
DISPOSAL - The additional potential users should not have any
greater use of solid waste disposal facilities.
HISTORIC
SITES - Not applicable.
ENVIRONMENT - The rezoning of this property should not affect
the environment as the site is already con-
structed for a shopping center and there will
be no change in the site.
In summary, as the property is already improved for a
shopping center, there is no significant impact on the property
or the community as a result of the property being rezoned from
B-1 to B-2, other than an increase in the number of potential
tenants that can use the property. The Applicant through his
proffer has attempted to eliminate any potential tenants that
would have an impact on the neighbors or would result in
significant increase parking.
Thomas C. Glass
0
0
w
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0314941153 Date Received 030894 Date Reviewed 031494
Applicant Name Thomas C. Glass
Address 847 Lake Saint Clair Drive
Winchester, Virginia 22603
Project Name Country Park Plaza
Phone No. 703-667-7447
Type of Application Rezoning Current Zoning B-1
1st Due Fire Co. 18 1st Due Rescue Co. 18
Election District Shawnee
RECOMMENDATIONS
Automatic Sprinkler System X Residential Sprinkler System
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate X Inadequate
Fire Lanes Required; Yes X
Comments At hydrant locations.
Roadway/Aisleway Widths;
Adequate X Inadequate
Special Hazards Noted; Yes
Comments
Not Identified
m
Not Identified
No X
- Continued -
•
16
Hydrant Locations; See Notes
Adequate X Inadequate
Siamese Connection Location;
Approved Not Approved
Not Identified
Not Identified X
Additional Comments: This rezoning should have no significant
impact on fire and rescue dept. resources.
Approved
Rv�iew Time .5 hr
Douglas A. Kiracofe
Fire Marshal
1,4
irv. fu�'db.'�c .�
-?,j 7 ' } 7
REQUEST FCR REZONING COMMENTS
Virginia Depart=ent of Transportation
Attn: Resident Engineer
P.J. Box 278
Edinburg, ':irginia 22824-0278
(703) 084-4133
The local office of the Transportation Department is located at
1550 Commerce St. in Winches:.e= if you prefer to hand deliver t _s
form.
Applicant's name, address and phone number:
Thomas C. glass, 847 Lake Saint '___ir Drive, Winchester, Virginia 22603
703-667-7447
Name of development and/or description of the request:
For existing shopping center - to change rezoning from 5..1 to B,2 to alto-.:
normal retain use.
LOCation:
Northwest corner of intersection of Senseny Road and Greenwood Road,
just East of Winchester in Frederizk County, Virginia
Va. Dept. of Transportation Comments:
No objections to the rezoning of this property. Existing entrances are
adequate, however, should use ever expand in the future they may have
to be upgraded.
VDOT Signature and Date: 6 �
(NOTICE TO RESIDENT ENGINEER-F„EASRETURN THIS FORM TO APIPUMLST. )
NOTIC= TO APPLICANT
It is your responsibility t:� complete this form as accuratel•, as
possible in order to assist the agency with their review. A_=o,
please attach a copy of your application form, location map and 11
other pertinent information..
rn
r:
MAP 09RM
REQUEST FOR REZONING COMMENTS
Frederick County Commonwealth Attorney
Winchester -Frederick County Judicial Center
5 N. Rent Street, Winchester, Virginia 22601
(703) 667-5770
The Commonwealths Attorney offices are located in the Winchester -
Frederick Judicial Center at 5 North Kent in Winchester, if you
prefer to hand deliver this review form.
Applicant's name, address and phone number:
Thomas C. Glass, 847 Lake Saint Clair Drive, Winchester, Virginia 22603
703-667-7447
Name of development and/or description of the request:
For existing shopping center - to change rezoning from B-1 to B-2 to allow
normal retail use
Location:
Northwest corner of intersection of Senseny Road and Greenwood Road,
lust East of Winchester, in Frederick County, Virginia
y �
C Attorney Comments:
t2,1P A 4 k "PI r4011_ /! /'A4.
Attorney Signature and Date: _ /&lci)l
(NOTICE TO ATTORNEY - PLEASE RF UW THIS FORM TO THE APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Please
also attach a copy of your application form, proffer statement,
location map, and all other pertinent information.
27
0
0
~�
%\
VEYOR 3 CeR7'/F/CA7-&
CERTIFY THAT THE LAND 5140w1
A PORT/On/ OF THE LAND 0,7/VVe yFO
5 C. G L. ASS B Y OEEO OA TEO
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EX I5rING 8" we.rER
I
#491
H. BENJAMINE CRIM, ETUX
TO: . DEED
THOMASC. GLASS
************************************
8K57ZFGO82
THIS DEED made and dated this 15th day of February, 1984,1
by and between H. BENJAMINE CRIM and FREIDA WHITE CRIM, his wife,
parties of the first part, hereinafter called the Grantors, and
THOMAS C. GLASS, unmarried, party of the second part, hereinafter
called the Grantee.
WITNESSETH: That for and in consideration of the sum of
Ten ($10.00) Dollars, cash in hand paid, and other good and valu-
able consideration, the receipt of which is hereby acknowledged,
the Grantors do hereby grant and convey with general warranty of
title unto the Grantee, in fee simple absolute, all of that cer-
tain lot or parcel of land, together with the improvements thereon
and the appurtenances thereunto belonging, lying and being situate
at the Northwestern intersection of Senseny Road (Virginia Route
657) and Greenwood Road (Virginia Route 656), in Shawnee Magis-
terial District, Frederick County, Virginia, containing 33.969
Acres, and more particularly described by plat and survey of H.
Bruce Edens, C. L. S., dated March 7, 1973 attached hereto and by
this reference made a part hereof as if set gut in fulll and beinc
the same land conveyed to the Grantors herein by deed dated
September 27, 1971, from Henry H. Whiting, et al, Special Commis-
sioners, said deed of record in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia in Deed Book 382 at
Page 133. Reference is made to the aforesaid plat and deed for a
more particular description of the property herein conveyed.
This conveyance is made subject'to all easements, rights
of way and restrictions of record affecting the subject property.
The Grantors do hereby covenant that they have the right
to convey to the Grantee] that the Grantee shall have quiet and
peaceable possession of the said property, -free from all liens
t
0
J
E
1�
Bd572PG083
land encumbrances; and they will grant such further assurances of
title as may be requisite.
WITNESS the following signatures and seals:
A. (SEAL)
H. BENJAMINE C IM
(SEAL)
FREIDA WHITE CRIM
STATE OF VIRGINIA,"7��.��RG��
OF %Li�Nc�1e�5, TO -WITS
�pN/Ve , a Notary Public in and
for the State and aforesaid, do hereby certify that H.
BENJAMINE CRIM and FREIDA WHITE GRIM, his wife, whose names are
signed to the foregoing Deed, bearing date of February 15, 1984;
have personally appeared before me and acknowledged the same in
my State and aforesaid.
IV 1110
Given under my hand this M- day of February, 1984.
My Commission expires Q -o 11QA�_ Is. _l �g� •
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I. BRUCE EDINS x
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54113 hl
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LAND 1V�
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SENSENY ROAD - VA. ROV re 657
6REENINAY ENGINEERING & SURYEYQIG CO., M
P. G. Box 666
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The accompanying plat represents a survey of a portion of the land
convoyed to harry 8. Crim, It Al, by deed dated 3 August 1971 and recorded
In the Frederick County Court Clerks Office In Deed Book 382 at Page 133.
The said land fronts the North side of Va. Route 657 and the Ilest
side of Va. Route 656 In Shawnee District, Frederick County, Virginia,
and Is bounded as followst
Beginning at (1) an Iron pin In the North boundary line of Vs. Route
657 at the Southeast corner of the Shiley (oti thence with th aid Shiley
lot for the two following coursest NO$•46'24 E - 293.52' to 72; a Pence
post; thence N06.18'58"E - 168.87' to 3) a fence post, a corner to
said Shiley and Frederick heights Subdivision; thence with the East line
of the said Frederick Heights Subdivision, N04'50'22"E - 1862.02' to
(4) an Iron pin found at the Southwest corner of Lot 55--Brookland
heights Subdivision; thence with the South line of sold Lot 55, N76e27'45"C •
496.25' to (5) on Iron pin found, a corner to said Lot 55 and the Fletcher
land In the center of a lane loodinq to Route 656; than a with the
Southwest line of Fletcher, S52•46'14"C • 149.99' to (6� an Iron pin
found on the East side of sold lane, a corner to Fletcher and Eb r ole;
thence with the West IIna of Ebersole, S18.55'17"14 - 149.58' to Z71
on Iron pin Pound, a corner to said Ebersole and Wlnslowl thence running
with the West lines of the Winslow, klossey and Greenwood M. E. Church
and the East (Ines of the said lane leadino to Route 656 for the five
following coursest S14°26'04"W - 14.06' to (8) an Iron pin found;j
thence S09.01'09"W - 188.85' to (9) on Iron pin sotL thence S05'59'IS"1R •
211.09' to (10) an Iron pin found; thence S12.47'07 It- 69.89, to (11)
on Iron pin set at the P.C. of a curve to the left; thence with the
Arc of said curve 140.60' O adlus-1.15.43' - Chord-S21.01'58"E - 135.19')
to (12) an iron pin not at the P.T.; thence crossing the,:old lane,
S40044'45"W - 17.50' to (13) a concrete monument on the (st side oP
the said lane a corner to the Dove lot and the Potomac Edison lot; thence
with the sold Potomac Edison lot for the four following coursest
N94*14'41"W 114.14' to (14) a concrete monument; thence S18.21'47"W •
158.92' to (IS) a concrete monument thence S00.33'33"W 00 21' to
(16) a concrete monument; thence S8�•26'36"E - 200.00' to �17) a concrete
monument In the West boundary line of Route 656; thence with the West
boundary lines of Route 656 and the North boundary lines of Route 657
for the five following coursest S06•12'35"C - 851.78' to (18) an Iron
pin setFF thence S01.12'42"E - 190.59' to 19) an Iron pin set; thence
556'4314"W - 34.96' to (20 an Iron pin aet; thence with the Aro of
a curve to the IsFt 78.49' (Rodiue-1175.92' - Chord-N87'09'48•W -
78.48') to (21) an Iron pin set; thence N89e04'32"w • 745.39''to the
beginning.
Containing , . . . . . 33.969 Acres
Surveyed . . . . . . 7 March 1973
�H. BRUCE EDIM x
CERT111WIi N0.
54,17.3 (CM
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6REE MAY ENC911 1111G & SUAVERIG CO., W1
P. 0. Box Ho
!113chBstw, VL
�iRGiNIA FREDEII(CK CCU1I �C;•.
R s , This instrument of wrtq was produced -a the
f mt'��'day o19 a�
M~ aped/With cartific-ate of acknOW16UgmOnt thereto annete&was
admitted to racQrd.; Tax imppsed by Sags ' • 1 of
and 58-54 have been paid, if a3se+asal�lo
t • . t Clori
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RECEIPT
I, Thomas C. Glass, acknowledge
posting requirements required for a
obtained a sign and am posting it in
requirements.
that I understand the sign
rezoning request, that I have
accordance with the
Thomas C. Glass
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-i 4a w i s n i n 4; o P a k
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`ended by Mr . PoTr i no R r,l
a r i n i ny Comm! 5= i
T 'i n e L. p r- ri!, mix
-,)7, iv i i on on record and approve-;
x L, r, t i in an existing AinQle
!llvorwt, , n the Shawnpe Maj 1 steri i'
T a S,,; to rev .A r e s fro
Porfc)rmil..--e and 2.4 acres
S , Generai in the Shawnee
c r
Ta t, p
said
re--i e n t I a der the new
:-e remain as % Ou.., . area ill
t; , me n '!.i orpsent IV located there.
1p :(2.,t t,-) be changed t p - 71 to
*.hat cotll J be al lowed there.
e w i 5 h i r q rn cpf,�L
.-e .
'94 OR-:59AM A MPP — 2 1 T*t15PF 4. P.
-1 8
Mr. Wi1_11*n-- D. Bromley, adjoining property o4er, came
forwdr(l. Mr. 2 was concer":Od about the sewer r'ltljation in the
area. He -sai.(4 �-)at everyt Ime i�- rains tne sewer nv-r lows and he was
that the situation wou-1 worsen with r eve lopme-nt of the
Mr. Kirk, liaison to th-.), Sanitation Commission, stated that he
would t)rinq this situation to the attention of the Sanitation
C,irmission at, tne ri,-txt meeting.
Mr. Kirk then moved to rezone the 15.06 acres of Mr. Glass`
application from B-1 (Business, r-imited) to RP (Residential
Performance). This motion was seconded bry Mr. Stiles anti passed
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve I.Ae rezoning of 15.06 acres from 8-1 (Business, Limited)
to RP (ReSiOntial ?ertormance) of Mr. Glass' rezoning application
r^e northwest corner of Greenwood Road and Sense
n1J
hp of Mr
Mr. Stiles and pas $b 0
s