Loading...
HomeMy WebLinkAbout002-94 Thomas C. Glass - Shawnee District - BackfileRECEIPT I 024054 AMOUNT DUE AMOUNT PAID �I BALANCE DUE / PAID BY --- - - - _- --- -- CASH CHECK OTHER FREDERICK COUNTY DEPT. OF PLA14NING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 P• �- r . -. .., -._... •L"ei!.v,%!.,�'L^ :R-a�.:A-;.n ,'P!Y.^`. •irt•,. .P` � •fir... ._.... ,� DATE RECEIVED FROM ADDRESS _I`..hL' ��`�•11!..T_ ij _ - __—. THE SUM OFfl OLLARS S FOR DAY -TIMERS RE ORDER NO 3221 — P,YIIW in USA 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 0 0 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. 0 0 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 y�mlEr 111, i*l,p, ]Sw 16M was `PHIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE. S 89004'32"E (�7 n 1 U) O _ CV u( W� N! �! 441 O U') O Z N 89004'32"W 411.39 L . .J lJ L RCRES Q CD Q -I r Ln cm co CD O UJ W CD Z � UJ arf Qf LD R=1175.92' "' R=78.49''I 56043'54"W 34.96' A x o SENSENY RORD - ROUTE 657 DAYI M. Furc -)"cjvAUU =' NO 1455 s u R\j 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 • 0 0 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 /�84- ANp A _5 RECORoEp /A_/ K 572 AT- PAGE 82 AM0A/G RFCO Roy OF" �REOE.e /C�'C �/iR0/NSA, C. (3L 4 5.5 ■ i / G 78 ri EC-1 - INV =675 0 U-11 r SITE G57 L OCATI plv MAP 2aoo- 0 �o �Q U, o wtc �c °RO P05ED : 1 FlRe HYIP r G" PVC WATER C5oR-ZI) I. G" w C TSE 3. r." GATE _W '�-� 8"xG" TAPPING TEE 4.4"GATE VA Co" rAPPiNG VALVE ANQ VALVE BOX � I 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� • , • -t ire. LOt B B80 KL \ -� 572FG084 ,jea yiS10N I S o &4 tI\ `TKO EF Ale: 4\ \ RCS � O � I b b I�C.tLE 1�. •' O p zoo ' 0 O O I. BRUCE EDINS x C[RTITC Na 54113 hl 1s ,• � 64.11J tDl c LAND 1V� 11 zo SENSENY ROAD - VA. ROV re 657 6REENINAY ENGINEERING & SURYEYQIG CO., M P. G. Box 666 MnCh Stec• YL v y 1. IV LLI ! -• BK5'7iPGoa5 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 W17-3 0A ce ono a°s�C • 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 j • 0 • 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 C tis. C&- : -, , • 3 T.01, rf 111flao� .�tittfLT� .,. +r a G ASS lev dA f oG .ems t.s CO VAI i to r�Kt,M - t C�r om J 4A./ PprC S✓� dld�t/r.✓ 101.4 IA 0 C t 4 -i 4a w i s n i n 4; o P a k W. `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