HomeMy WebLinkAbout004-91 The Salvation Army - Stonewall District - BackfileRECEIPT
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AMOUNT DUE
$ kos• &�
AMOUNT PAID
$ i05-, (C'.S"
BALANCE DUE
$ 1
PAID BY
L] CASH
1. CHECK 7;?% /-5-.3
F1 OTHER
F:EDEMCK C .
P.O. BOX 601, . ,,. u1:1
WINCHEiTER, VIRGINIA 22601
-
RECEIVED FROM _
, 'N;NG AND DEVELOPMENT
DATE /
ADDRESS
THE SUM OF / -!'DOLLARS* $ 091!!PJ5-• /eS
FOR
BY
DAY TIMERS HE ORDEH No
• r
REZONING CHECKLIST
The application is not complete if the following are not present:
Submission Package
Comment sheets from the following agencies
along with any marked copies of the plan:
VDOT '� City of Winchester
Co. San. Auth.
Inspections Dept.
/ Fire Marshall
County Attorney
2. application form
✓ �. location map
survey
✓ 5. deed
Co. Hlth. Dept.
Parks & Rec.
Airport Authority
6. taxes paid statement
7. sign received
✓ 8. fees paid
9. impact analysis
:1L 10. proffer statement
TRACKING
DATE
-11-9application Received
Rezoning forwarded to consulting engineer, if required.
Consultation held with planning staff
Rezoning reviewed by Zoning Review Committee
7 -91 Adjoiner notifications mail--�d for PC public hearinq
7"/7 9/ Rezoning heard by PC
Public hearing date set by BOS
0-v� ��_
rdinance of amendment caittn :onditi ons proffered rreparcd
for 3OS
31191 ;dioiner -iotificati<-)ns .7,ailed for i3OS pub c hearing
ST�iyT ?-ezoning:leard by BUSalalle
-
S-Z°-�� -- )ning :nap amended
,a-4 :'.:zoning records updated
"«4•.V`,t;,"�i'.k�.i���i:rr:{��,f���r`�{,';���Fc •�L2a�r �n.,.:5 ��,'r 1L:��'n'r' Y F t
COUNTY of FREDERICK
_ Department of Planning and Development
703/665-5651
FAX 703/678-0682
August 16, 1991
The Salvation Army
Stephen M. Long, Captain
303 South Loudoun Street
Winchester, Virginia 22601
Dear Captain Long:
This letter is to confirm action taken by the Frederick County
Board of Supervisors at their meeting of August 14, 1991.
Rezoning application #004-91 of the Salvation Army was approved for
the rezoning of 6.591 acres from M-1 (Light Industrial) to B-2
(Business General) for a social service center, an emergency family
shelter, a feeding center, day care, citadel and education center.
This property is located north of Winchester in the Fort Collier
Industrial Park, in the Stonewall District, and is identified as
parcel 36F on tax map 54.
If you have any questions, please do not hesitate to call this
office.
Sincerely,
-1,✓, G�
Robert W. Watkins
Planning Director
RWW/slk
cc: James L. McIlvaine
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
0
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AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission July 17, 1991
Board of SupervisorsAugust 14 1991
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#004-91 of THE SALVATION ARMY
WHEREAS, Rezoning application #004-91 of The Salvation Army to
rezone 6.591 acres from M-1 (Light Industrial) to B-2 (Business,
General) located north of Winchester on Fort Collier Road in the
Stonewall District, and designated as parcel 36F on tax map 54.
WHEREAS, the Planning Commission held a public hearing on this
application on July 17, 1991; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on August 14, 1991; 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 good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 6.591 acres
from M-1 (Light Industrial) to B-2 (Business General) located north
of Winchester on Fort Collier Road in the Stonewall District, and
designated as parcel 36F on tax map 54.
This ordinance shall be in effect upon its passage.
Passed this 14th day of August, 1991.
A Copy Teste
Joh R. iley, Jr.
Fred k County Administrator
•
P/C Review date: 07/17/91
BOS Review date: 08/14/91
REZONING APPLICATION #004-91
THE SALVATION ARMY
To Rezone 6.591 Acres
From M-1 (Light Industrial)
To B-2 (Business, General)
LOCATION: North of Winchester, Fort Collier Road, Fort Collier
Industrial Park
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54 - A - 36F
PROPERTY ZONING & PRESENT USE: Zoned M-1 (Light Industrial)
ADJOINING PROPERTY ZONING & PRESENT USE: Vacant land zoned M-1,
Light Industrial, vacant land zoned RP, Residential Performance
(masterplanned for Hampton Chase), industrial uses zoned M-1, Light
Industrial
PROPOSED USE: Social services center, emergency family shelter,
feeding center, day care, citadel and education center
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to rezoning of
this property. Before development, this office will require
a complete set of construction plans detailing entrance
designs, drainage features and traffic flow data from the
I.T.E. Trip Generation Manual, Fourth Edition for review. Any
work performed on the State's right-of-way must be covered
under a land use permit. This permit is issued by this office
and requires an inspection fee and surety bond coverage.
Sanitation Authority: Water and sewer are available. There
is adequate water and sewer capacity available.
Fire Marshal: Fire lanes will be addressed on site plan or
construction drawings. I spoke with Tommy Price, Chief
Clearbrook V.F.D. would not request any proffers from a non-
profit organization. All other comments on fire and rescue
egress, hydrants etc. will be addressed on site plan.
Clearbrook V.F.D.: Follow NFPA standards and Fire Marshal
request.
Inspections Dept.: Building shall comply with the Virginia
Uniform Statewide Building Code and shall comment on Use Group
at the time of building plans review.
Planning & Zoning: The following issues should be considered:
Location: The site is located in the Urban Development Area
and in an identified industrial area. It is adjacent to land
zoned M-1 and RP. There is no immediately adjacent land zoned
B-2. The closest land zoned B-2 is the Kim Henry land on
Baker Lane.
Site Suitability: The site is generally level and suitable
for development. Sewer and water are available and the site
is located on a state road.
Potential Impacts: Drainage will be handled on site and
through an agreement to use detention facilities in Hampton
Chase. Buffers and screens will be required adjacent to the
RP land.
Retail uses allowed in the B-2 district can generate
substantially more traffic than uses allowed in M-1. It is
the opinion of the staff that the site would probably not be
appropriate for general retail uses. However, the uses
proposed will probably not be major traffic generators and
would be appropriate.
The staff has discussed with the applicant the possibility of
proffers to limit the uses. The applicant has suggested that
they will likely provide a proffer limiting the uses to those
proposed. It is the opinion of the staff that the site would
be appropriate for the uses proposed.
Conclusions: Because of the proximity of the site to
industrial and residential areas and because of traffic
concerns, it is the opinion of the staff that the site would
not be appropriate for general retail uses. However, it is
also the opinion of the staff that the uses proposed are
appropriate.
STAFF RECOMMENDATIONS FOR 7117/91 P/C MEETING: Approval
PLANNING COMMISSION RECOMMENDATION OF 7117/91: Majority approval.
The vote was as follows:
Yes (to approve): J. Golladay, B. Sherwood, M. Dehaven, J. Marker,
R. Thomas, D. Rinker and M. Copenhaver.
No: C. McDonald
Absent: G. Romine and B. Wilson
0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number
Submittal Deadline
PC Hearing Date ,�, ,i
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: The Salvation
Address: 303 S. Loudoun St.
TJinchester. Virginia 22601
Telephone: 662-4777
2. Owner:
Name: .Tames T- McIlvaine
Address: 6231 Leesburg Pike Suite 600
Falls Church, Virginia 22044
Telephone: 703-237-2570
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:
James L. McIlvaine, Sr., Corridor Ridge Partnership,
Shockey Realty Company, James L. McIlvaine, Jr., Trustee
5
0 0
3. Zoning Change: It is requested that the zoning of the property
be changed from Light Industrial M-1 to Business B-2
4. Location: The property is located at (give exact directions):
North of Winchester, Fort Collier Road, Fort Collier Industrial
Park
S. Parcel Identification:
21 Digit Tax Parcel Number: 54000A00-00000000-0036(r
6. Magisterial District:
7. Property Dimensions:
rezoned.
Total Area: 6.591
Stonewall
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:
6.591 Acres Rezoned to B-1
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: 1,376 Feet
Depth: 486 Feet
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from:
Deed Page: 433
Deed Book Number:
OOOAOO-00000000-0036A
705
1.1
9. Proposed Use: It is proposed that the property will be put to
the following uses.
Social services center', emergency family shelter, feeding
center. day care, citadel and education center.
10. Checklist: Check the following items that have been included
with this application.
Location map
Survey or plat
Deed to property
Statement verifying taxes
Sign receipt
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
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:
Representative's Phone Number:
7
9
•
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:
606 Tennyson Ave.
Aaron Zuckerman
Winchester, Va. 22601
Property
ID • 43000A00-00000000-00035
2 Russell Miller
P. 0. Box 2704
Winchester, Va. 22601
Winchester,
Property
ID: 43000A00-00000000-00038
3
Address:
c/o Gary Godfrey -Amoco Oil Co.
Amoco Foam Products
P. 0. Box 5077, Atlanta, Ga. 3030
Property
ID: 43000A00-00000000-00044
4
Address:
355 Potomac St.
Slaughter Properties
Hagerstown, Md. 21740
Property
ID: 54A00001-00000000-0015B
5
Address:
Rt. 5 Box 576
Ralph E. Slaughter
Winchester, Va. 22601
Property
ID: 54A0000I-00000000-0015C
6 Ralph E. Slaughter
Address:
Rt. 5 Box 576
Winchester, Va. 22601
Property
ID: 54A00001-00000000-0015D
7
Address:
Rt. 5 Box 576
Ralph E. Slaughter
Winchester, Va. 22601
Property
ID: 54A00001-00000000-00016
8
Address:
115 N. Cameron St.
Farmers & Merchants Bank
Winchester, Va. 22601
T/R Mary Henkel
Property
ID: 54A00001-00000000-00018
9 James McIlvaine, Sr.
Address:
6231 Leesburg Pike, Suite 600
Falls Church, Va. 22044
Property
ID: 54000A00-00000000-0036D
10
Address:
P. 0. Box 2761
John D. Glover & Sons
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00019
8 1.
Name
Address and Property Identification
11
Address:
960 N. Loudoun St. Ext.
James Colbert III
Winchester, Va. 22601
Property
ID: 54000A00-00000000-0081G
12
Address:
548 Merri.mans Lane
Dorothy Moffett
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00082
13
Address:
Box 2870
Preston I. Moffett
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00083
14 Preston I. Moffett
Address:
Box 2870
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00084
15
Address:
P. 0. Box 2908
Harcros Lumber & Building
Roanoke, Va. 24022
Property
ID: 54000A00-00000000-00085
16
Address:
8700 Ashwood Dr.
JJJA Associates
Capitol Heights, Md. 20743
Property
ID: 54000A00-00000000-00087
17
Address:
1426 Baker Lane
Dellitt Elizabeth Lockhart
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00089
18
Address:
1426 Baker Lane
Arcadia Mobile Park
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00091
19
Address:
P. 0. Box 2530
James D. & Ralph Shockey
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000A
20
Address:
P. 0. Box 2530
Shockey Realty
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000C
21
Address:
P. 0. Box 2530
Shockey Realty
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000D
22
Address:
Property
ID:
FRONT ELEVATION
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3. Zoning Change: It is requested that the zoning of the property
be changed from Light Industrial `1-1 to Business B-2
4. Location: The property is located at (give exact directions):
North of Winchester, Fort Collier Road, Fort Collier Industrial
Park
5. Parcel Identification:
21 Digit Tax Parcel Number: 54000A00-00000000-0036F
6. Magisterial District:
7. Property Dimensions:
rezoned.
Total Area: 6.591
Stonewall
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:
6.591 Acres Rezoned to B-1
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: 1,376 Feet
Depth: 486 Feet
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: — 5AA00240A�
Deed Page: 433
Deed Book Number: 705
E.
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:
606 Tennyson Ave.
Aaron Zuckerman
Winchester, Va. 22601
Property
ID • 43000A00-00000000-00035
2 Russell Miller
Address:
P. 0. Box 2704
Winchester, Va. 22601
Property
ID: 43000A00-00000000-00038
3 Amoco Foam Products
Address:
c/o Gary Godfrey -Amoco Oil Co.
P. 0. Box 5077, Atlanta, Ga. 3030
Property
ID: 43000A00-00000000-00044
4
Address:
355 Potomac St.
Slaughter Properties
Hagerstown, Md. 21740
Property
ID: 54A00001-00000000-0015B
5
Address:
Rt. 5 Box 576
Ralph E. Slaughter
Winchester, Va. 22601
Property
ID: 54A00001-00000000-0015C
6 Ralph E. Slaughter
Address:
Rt. 5 Box 576
Winchester, Va. 22601
Property
ID: 54A00001-00000000-0015D
7
Address:
Rt. 5 Box 576
Ralph E. Slaughter
Winchester, Va. 22601
Property
ID: 54A00001-00000000-00016
8
Address:
115 N. Cameron St.
Farmers & Merchants Bank
Winchester, Va. 22601
T/R Mary Henkel
Property
ID: 54A00001-00000000-00018
9 James McIlvaine, Sr.
Address-
6231 Leesburg Pike, Suite 600
Falls Church, Va. 22044
Property
ID: 54000A00-00000000-0036D
10
Address:
P. 0. Box 2761
John D. Glover & Sons
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00019
0
Name
Address and Property Identification
11
Address:
960 N. Loudoun St. Ext.
James Colbert III
Winchester, Va. 22601
Property
ID: 54000A00-00000000-0081G
12
Address:
548 Merrimans Lane
Dorothy Moffett
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00082
13
Address:
Box 2870
Preston I. Moffett
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00083
14 Preston I. Moffett
Address:
Box 2870
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00084
15
Address:
P. 0. Box 2908
Harcros Lumber & Building
Roanoke, Va. 24022
Property
ID: 54000A00-00000000-00085
16
Address:
8700 Ashwood Dr.
JJJA Associates
Capitol Heights, Md. 20743
Property
ID: 54000A00-00000000-00087
17
Address:
1426 Baker Lane
Dellitt Elizabeth Lockhart
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00089
18 Arcadia Mobile Park
Address:
1426 Baker Lane
Winchester, Va. 22601
Property
ID: 54000A00-00000000-00091
19
Address:
P. 0. Box 2530
James D. & Ralph Shockey
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000A
20
Address:
P. 0. Box 2530
Shockey Realty
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000C
21
Address:
P. 0. Box 2530
Shockey Realty
Winchester, Va. 22601
Property
ID: 54000001-00000000-0000D
22
Address:
Property
ID:
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!SCALE, /" s ZOO DATE t OCTOBE,e /B, /986 CERTIFICATE No. >
54.17.3 (1)965
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RESEARUM & `iNGHT
11
EN
Technical Studies Bureau International, Inc.
P.O_ FiGr, 1022 Phone: (703)893-778i
h1CLean. Virginia, 221 01 710-833-03'o DUNES MCLN
June 10, 1991
Captain Steve Long
The .Salvation. Army
303 S. Loudoun Street
Win.chestex, Va. 22601
Project No. 142-89
Subject: New .Salvation Army Facility: .Impact Analysis Statement
Dear captain. Long:
This .letter....is;:,in: response; :tQ your: recu$st. that "TEST prepare
Impact Analysis Statement for the proposed rezoning of parcel "Bn
of Fort C01lier Farms to pe=it the. construction of a new
Salvation .Army community service facility and homeless shelter.
Our comments are as follows:
a- S'Uztability of the. site: To our knowledge, the site is above
the 100 year floodplain and does not contain areas which
would be classified as wetland, mature woodlands, prime
agz-icultural areas, or areas with, Soil problems which would
prohibit the construction. of the anticipated building. The
site is generally level and does not contain any steep
slopes.
b, Surrounding Proge ties: it is our .opinion that the proposed
use Of the property would be compatible With the uses of the
neighboring properties. in fact, the change in zoning to
Permit a community service facility provides a good buffer
between the residential properties to the South, and East and
the industrial properties to the North and west,
c. Traffic: tour opinion is that the proposed use of the
property would generate less local and interstate traffic
than an industrial.jcomm.ercial use of the property.
d. Sewage Conveyance. and Treatment: Based upon our preliminary
Program, we anticipate a sewage flow of approximately 3,000
gallons per day. At this stage in the planriin,g, we are
planning to discharge this flow into the existing on -site
sewage maslhole.. Purther engineering studies will be made to
confirm this plan as the project progresses.
A rCh itet!ure
Engineerina
Planning
Captain Steve. Long
June 10, 1991
Page. 2
e. Water Supply: Th'e water supply is expected to match the
sewage flow, that is, approximately 3,000 gallons per day.
My understanding is that the facility would not require
water supply for irrigation or a sw-i-mining pool. it is our
intention to obtain the building water supply from the new
water service line on the North sides Of Port. Collier Road.
The distance to this main .is approx�mately 250 feet.
f. Educational Faeil_ities: The proposed use of the site as a
temporary homeless shelter may result in a slight
contribution of to the member of school -aged children in the
immediate area. our understanding, . however, is that the
homeless.:..residents,.are. predominately .locally :ciisplace.d
families, therefore there would be few new students added to
the system.
g. County Parks and Recreational FacdJ_ities: The proposed
community service center include-5 plans. for recreational
fields and indoor facilities, therefore, we do not expect
any increased demand upon County facilities.
h. Drainage. Based upon our prelimJna-c7y studies, it appears
that the storm drat-n.age can be achieved with surface
drainage treatment. Before flowing -to the natural drainage
area to the Eastern part of the site, the parking lot would
discharge into a water retention area for filtering of oils
and retainage of heavy ra.iiii adulation. The design of
this st= water system will be part of the overall project
development.
We hope that this information is satisfactory at this stage. As
the project develops, we will be working with the County to
provide details as required.
Sincerely
-Lwt7
omas Fr � sbie-Fulton, RA
Vice President
File
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Colic. OF FREDERICK, VIRGINlA���
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 051091478 Date Received 051091 Date Reviewed
Applicant Name The Salvation Army
Address 303 S. Loudoun Street
Winchester, VA 22601
Project Name Corps Community Center (Rezoning>
Phone No. 703-662-4777
Type of Application Rezoning Current Zoning M-1
1st Due Fire Co. 13 1st Due Rescue Co. 13
Election District Stonewall
RECOMMENDATIONS
Automatic Sprinkler System X Residential Sprinkler System
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate Inadequate Not Identified X
Fire Lanes Required; Yes X No
Comments: Fire lanes will be addressed on site plan or construction
drawings.
Roadway/Aisleway Widths;
Adequate Inadequate
Special Hazards Noted; Yes
_
Not Identified X
No X
0
Hydrant Locations;
Adequate
Inadequate
Siamese Connection Location;
Approved Not Approved
Not Identified X
Not Identified X
Additional Comments: I spoke
regarding this rezoning. He stated
with Tommy
that
Price,
C1earbrook
Chief Clearbroox
V.F.D. would
V.F.D.
not
request any proffers
from a non-profit organization.
All other comments
on fire
and
rescue
egress,
hydrants,
etc.
will
be
addressed on site plan.
�'— 10
REQUEST FOR REZONING COMMENTS Ii.
Frederick County Inspections Department
P.O. Box 601, Winchester, Virginia
(703) 665-5650
The Frederick County Inspections Department is located at 9 Court
Square in Winchester, if you perfer to hand deliver this review
form.
Applicant's name, address and phone number:
The Salvation Army 662-4777
303 S. Loudoun St. 14inchester, Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
Inspections Department Comments:
Building shall romnly with the Virginia Uniform Statewide Building Code and
shall rommpnf on Use Group at- tht, time nf'hjii1rjjng plans review-
i
Inspect. Signature & Date:
(NOTICE - PLEASE RETURN TH ORM TO THE AP PL T.)
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.
19
• 0
REQUEST FOR REZONING COMMENTS
Virginia Department of Transportation
ATTN: William H. Bushman, Resident Engineer
P.O. Box 278, Edinburg, Virginia 22824-0278
(703) 984-41.33
The local office of the Transportation Department is located at
1550 Commerce Street, if you prefer to hand deliver this review
form.
Applicant's name, address and phone number:
The Salvation Armv 662-4777
303 S. Loudoun St., Winchester, Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
Transportation Department Comments:
No objection to rezoning of this property. Before development this office
will require a complete set of construction plans detailing entrance
designs, drainage features and traffic flow data from the I.T.E. Trip
V CLICLGLLIULI rlaLlUal, CUt= "t.il Edi Lion for review. Any work pe-ntormec on tfte
State's right-of-way must be covered under a land use permit:. This permit
--Ts i-san u an in�pec ion ee an surety o
cover,:�gt. ZL Jy
ryJ
VDOT Signature and Date: t c�-+�^ `� .. . .5
(NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPLICA T.)
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.
20
June 11, 1991
The Frederick County Fire Marshal has no comment at this point.
He said we should submit our request to the zoning commission. He
has spoken with Mr. Wyatt and no papers are needed from him at this
time.
REQUEST FOR REZONING COMMENTS
Frederick County Sanitation Authority
ATTN: Wellington Jones, Engineer/Director
P.O. Box 618, Winchester, Virginia 22601
(703) 665-5690
The Frederick County Sanitation Authority is located on the
second floor of the Old Frederick County Courthouse in
Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
The Salvation Army 662-4777
303 S. Loudoun St., Winchester, Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
L aT No, f
Sanitation Authority Comments:
Sanit. Signature & Date: /CJ
(NOTICE TO SANITATION EASE RETURN THIS FORM TO AP L CANT.)
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.
22
'v�
REQUEST FOR REZONING COMMENTS
City of Winchester, Virginia
ATTN: Tim Youmans, Planning Director
Rouss City Hall
15 N. Cameron Street, Winchester, Virginia 22601
(703) 667-1815
The City of Winchester offices are located in Rouss City Hall at
15 North Cameron Street in Winchester, if you prefer to hand
deliver this review form.
Applicant's name, address and phone number:
The Salvation A
662-4777
303 S. Loudoun St., tdinchester, Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
City of Winchester Comments:
City Signature and Date: /
(NOTICE TO CITY - PLEASE RETURN THIS
APPLICANT.) i
It is your responsibility to complete this orm as accurately as
possible in order to assist the agency with their review. Please
also attach a copy of your application form, location map, and
all other pertinent information.
23
RIVED ,',': 91991
REQUEST FOR REZONING COMMENTS
Frederick County Commonwealth Attorney
Winchester -Frederick County Judicial Center
5 N. Kent 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:
The Salvation A
662-4777
303 S. Loudoun St.. Winchester. Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
�1407
Attorney
�L-Comments:
Attorney Signature and Date:
(NOTICE TO ATTORNEY - PLEASE R 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
REQUEST FOR REZONING COMMENTS
Fire and Rescue Squad:
Clearbrook Volunteer Fire Co., Inc.
P. 0. Box 56
Clearbrook, Va. 22624
Applicant's name, address and phone number:
The Salvation Army 662-4777
303 S. Loudoun St., Winchester, Va. 22601
Name of development and/or description of the request:
Fort Collier Industrial Park
Location:
Fort Collier Road
Fire
/and Rescue Squad Comments:
Fire and Rescue Signature and Date:
(NOTICE
RM 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
July 31, 1991
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS)
THE REZONING APPLICATION OF: THE SALVATION ARMY
Rezoning Application #004-91 of The Salvation Army, to rezone 6.591 acres from M-1 (Light
Industrial) to B-2 (Business General) for an emergency family shelter, social services center,
feeding center, day care, citadel and education center. This property is located north of
Winchester, on Fort Collier Road in the Fort Collier Industrial Park, in the Stonewall District,
and is identified as parcel 36F on tax map 54.
This rezoning request will be considered by the Frederick County Board of Supervisors at their
meeting of August 14, 1991, at 7:15 p.m., in the Board Room of the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify tha e attached correspondence was*led to the following on
July 31, 1991 from t e Department of Planning and Dev�'Lopment, Frederick
County, Virginia:
The Salvation Army
303 S. Loudoun St.
Winchester, Va. 22601
James L. Mcllvaine
6231 Leesburg Pike, Suite 600
Falls Church, Va. 22044
Hampton Construction, Inc.
Inwood, WV 25428
Northwestern Workshop, Inc.
910 Smithfield Ave.
Winchester, Va. 22601
COUNTY OF FREDERICK
Winchester Warehousing, Inc.
P.O. Box 765
Winchester, Va. 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Debi D. Swimley , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated July 31, 1991 has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 31st day of July 1991 .
My commission expires on September 30, 1993
L1L� U_
NOTARY PUBLIC
r
ILL NNINCB
COUNTY OF FREDERICK
COURTHOUSE COMMONS 2ND FLOOR
P. O. BOX 601 - 9 NORTH LOUDOUN ST
•
WINCHESTER, VIRGINIA 22601
N
Northwestern Workshop, Inc.
2400 Valley Ave.
Winchester, Va. 22601
E
0
July 3, 1991
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703i678-0682
TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
THE REZONING APPLICATION OF: THE SALVATION ARMY
Rezoning Application #004-91 of The Salvation Army, to rezone 6.591 acres from M-1 (Light
Industrial) to B-2 (Business General) for an emergency family shelter, social services center,
feeding center,_ day care, citadel and education center. This property is located north of
Winchester, on Fort Collier Road in the Fort Collier Industrial Park, in the Stonewall District,
and is identified as parcel 36F on tax map 54.
This rezoning request will be considered by the Frederick County Planning Commission at their
meeting of July 17, 1991 at 7:30 p.m. in the Board room of the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
ju, - 9 .
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
•
•
IMCIL.RECON
THIS REAL ESTATE CONTRACT ("Contract") between JAMES L.
McILVAINE, SR., CORRIDOR RIDGE PARTNERSHIP, a Virginia general
partnership, SHOCKEY REALTY COMPANY, a Virginia limited
partnership, JAMES L. McILVAINE, JR., TRUSTEE ("Seller"), and THE
SALVATION ARMY, a Georgia corporation, ("Purchaser"); (Seller and
Purchaser being collectively referred to as "the Parties"); and
M?ARJ.O:R;I.E-M- .:N.:,Mc1.LV,A1-NE.,, .wi.fe..of James L. McIlvaine, Sr. ,
WITNESSETH:
NOW THEREFORE, in consideration of the mutual covenants of
the Parties and for other good and valuable consideration the
receipt and sufficiency' of which Seller hereby acknowledges, the
Parties hereby agree as follows:
1. AGREEMENT OF SALE AND PURCHASE
Seller hereby agrees to sell and convey to Purchaser and
Purchaser hereby agrees to purchase from Seller, in fee simple,
under the terms and conditions hereinafter set forth, all that
parcel of land described in Section 2 hereof, together with any
and all improvements, appurtenances, rights, privileges and ease-
ments benefiting, belonging or pertaining thereto ("Property").
2. DESCRIPTION OF THE PROPERTY
The property is the tract of land located in Frederick
SNARR. MCCANDIISH
&ROMMOD County, Virginia ("County"), located in Fort Collier Industrial
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
1 11
11
•
SNARR. McCANDUSH
d ROCKWOOD
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
2
Park, as shown on the attached map and made a part of this Agree—
ment as Exhibit "A", containing approximately 6.591 acres
described as Parcel B, which was acquired by the Seller by deed
duly recorded in Deed Book 705, Page 433, among the land records
of Frederick County, Virginia.
3. PURCHASE PRICE
The total purchase price for the Property shall be TWO
HUNDRED SIXTY—THREE THOUSAND SIX HUNDRED FORTY DOLLARS
($263,640.00), BASED UPON A PRICE OF FORTY THOUSAND DOLLARS
($40,000.00) per acre.
4. PAYMENT OF PURCHASE PRICE — DEPOSIT
The total purchase price for the Property shall be paid as
follows:
(a) The sum of Twenty —Five Thousand Dollars ($25,000.00) as
a good faith deposit ("Deposit") will be paid within two (2)
business days (i.e. exclusive of Saturdays, Sundays, and
Holidays) after the date of full execution and delivery of this
Contract, in the form of readily available funds. Seller hereby
authorizes Purchaser to deliver the Deposit to Charles S.
McCandlish, Esquire, 42 S. Cameron Street, Winchester, Virginia
22601, "Escrow Agent", to be held in escrow and delivered to Sel—
ler or Purchaser, as the case may be, in accordance with the
terms of this Contract. The Deposit shall be distributed as
1J
SHARR. MCCANDUSH
a ROCKWOO D
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
3
provided in this Contract, but if there is any dispute between
Seller and Purchaser with respect to the disposition of the
Deposit, the Escrow Agent shall maintain the proceeds thereof in
escrow, in an interest bearing cash account with a bank insured
by the Federal Deposit Insurance Corporation, until such dispute
is resolved by a court of competent jurisdiction or the mutual
agreement of Seller and Purchaser. Any interest earned on the
::D�epa�si�t�,�s�ha.l.:h.....b� ';d•e:.e:me�d:�.,:p:ar.t :�-f.,:;th:e::,D.e.p.�. :i.t..
(b) At the time of settlement, Purchaser shall pay to the
Seller, in cashier's check, certified check or wired funds, an
amount equal to one hundred percent (100%) of the Purchase Price,
less the amount of the Deposit which shall be applied towards the
Purchase Price.
5. TITLE
(a) Title to the Property is to be fully insurable at
standard rates by a recognized title insurance company licensed
to do business in the Commonwealth of Virginia, excepting only
(i) the lien of real estate taxes not yet due and payable, (ii)
easements which do not render title unmarketable or unreasonably
interfere with the development of the Property or the Purchaser's
intended use of the property as a Salvation Army core community
center; and (iii) restrictive covenants of Fort Collier In—
dustrial Park (example of Covenants attached as Exhibit "BIT).
0 •
Title shall be free from EPA liens of record at time of closing.
(b) Within sixty (60) days after execution of this Contract
("Title Period"), the Purchaser shall cause to have performed an
examination of the status of title to the Property. If the ex-
amination of title discloses that the title of the Property is
not fully insurable as set forth above, the Purchaser may ter-
minate this Contract by giving Seller written notice of such fact
prior to the 'expiration'6f tbe''T-it'le- `°PertLo`d; t°og,ether vit'h a,c-opy
of the title report. The deposit and accrued interest will be
returned immediately within sixty (60) days after such
notification, in the event that Seller cannot cure the title
defect within that time period. If such written notice is not
given within the said period, Purchaser shall be deemed to have
accepted title as then existing without claim for damages or
diminution in the Purchase Price.
6. CONDITIONS OF SETTLEMENT
(a) Purchaser's obligations under this contract are
expressly contingent, at Purchaser's option, upon Purchaser ob-
taining the necessary zoning and other governmental approvals for
the location of Salvation Army core community center facilities
on the Property. Seller shall have no obligation, financial or
otherwise, in satisfying this condition, provided, however, Sel-
SNARR. MCCANDUSH
aROCKWOOD ler shall cooperate as reasonably necessary without incurring ex-
ATTORN:YS AT LAW
WINCHESTER. VIRGINIA
4 ��
•
s
SNARR. MCCANDUSH
a ROCK`hOOD
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
5
pense in order to facilitate satisfaction of this condition by
Purchaser, which shall include but is not limited to signing any
document necessary for approval of local government bodies and
agencies.
In the event Purchaser has not satisfied this condition
prior to the Settlement Date, Purchaser may terminate this Con -
._tract by written notice to Seller, in which event the Deposit
shall be returned to Purchaser and neither party shall have any
further liability to the other.
(b) Purchaser shall have a sixty (60) day feasibility and
engineering study period to determine, in Purchaser's discretion,
whether the site meets Purchaser's needs. This study period may
be extended by an additional thirty (30) days with Seller's writ-
ten approval, which shall not be withheld unreasonably. Purchaser
shall give notice in writing prior to the expiration of the study
period if it does not meet the needs of Purchaser. If such
notice is given, this contract shall be null and void, and the
deposit shall be returned to Purchaser immediately.
7. REPRESENTATIONS
(a) Each Party represents to the other that it has the full
and exclusive right, power and authority to enter into this Con-
tract and perform the obligations as set forth herein,
Purchaser's representation, however, being subject to the contin-
0 0
gency set forth in paragraph 6(b), above.
(b) The Property shall be conveyed, and Purchaser hereby
agrees to accept said Property "as is", without any warranty
whatsoever, express or implied, warranties being hereby waived,
except as otherwise specifically set forth in this Contract.
Purchaser acknowledges that neither Seller nor any real estate
broker, agent, employee, servant, or representative of Seller has
..made. �an-y ,re'pr,es,efftati'dn,s : wha�Vaoeve�r regarding fthe subject Ma.tt,eT'
of this transaction or any fact relating thereto, including,
without limitation, representations as to the physical nature or
condition of the Property, zoning laws, rules, laws, and
regulations, environmental matters, water, sewer or other
utilities, development or other expenses, taxes or assessments,
existing or future operation of the Property, or any other matter
or thing affecting or related to the Property, except as specifi—
cally set forth herein. Purchaser, in executing, delivering, and
performing this Contract, has not relied upon and does not rely
upon, and Seller shall not be liable or bound in -any manner by,
guaranties, promises, statements, representations, or information
pertaining to any of the matters set forth above in this
paragraph made or furnished by Seller or by any real estate
broker, agent, employee, servant, or any other person repre—
SNARR. MCCANDUSH
&ROCKWOOD senting or purporting to represent Seller to whomever made or
ATTORNCYS AT uw
WINCHESTER. VIRGINIA
6 ��
given, directly or indirectly, orally or in writing, unless such
guaranties, promises, statements, or representations are
expressly and specifically set forth herein.
(c) Purchaser warrants that the Salvation Army facility
shall conform to the specifications contained on Exhibit B. This
warranty shall survive settlement.
8. TIME OF SETTLEMENT
(a) Settlement is to be held at the offices of a title at—
torney or company designated by Purchaser on or before June 30,
1991. TIME IS OF THE ESSENCE. Payment to the Seller of the pur—
chase price for the Property and deposit with said title
attorney, and a general Warranty Deed, as to all but Trustee,
duly executed, shall be considered good and sufficient tender of
performance thereof. TRUSTEE shall convey with Special Warranty,
and without covenants of title.
(b) From time to time, the Parties without charge to the
other, shall perform such other acts, and shall execute and ac—
knowledge and shall furnish to the other such other instruments,
documents, materials and information which each may have in its.
possession or control to effect the consummation of the transac—
tions provided for in this Contract. The provisions of this Sec—
tion 9(b) shall survive settlement and not merge with the deed.
SNARR. MCCANDLISH
A ROCKWOOD 10. ADJUSTMENTS AT SETTLEMENT
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
7 11
•
•
SNARR. McCANDUSH
a ROCKWOOD
ATTORNEYS AT LAW
WINCHMER. VIRGINIA
8
Real estate taxes are to be adjusted as of the Settlement
I Date.
11. SETTLEMENT COSTS
Examination of title, title insurance, notary fees, and
recording charges, are to be at the cost of the Purchaser. The
costs of State Grantor's Tax and preparation of the deed shall be
borne by the Seller.
12. RISK OF LOSS
Until delivery of the Deed, the risk of loss or damage to
the Property, or any portions thereof, by fire or other casualty,
is assumed by Seller.
13. DEFAULT
(a) If Purchaser wrongfully fails to settle on the
Property, or if Purchaser shall otherwise breach or default under
any of the provisions of this Contract, Escrow Agent shall
deliver the Deposit to Seller, which amount may be retained by
the Seller as liquidated damages, and not as a penalty.
(b) If Seller wrongfully fails to settle on the Property
and Purchaser is ready, willing and able to perform, or if Seller
shall otherwise breach under any provision on this Contract, Pur—
chaser shall have the right, at its sole option and as its sole
remedy to terminate this Contract by delivering written notice to
Seller and receive the return of the Deposit, in addition to any
�J
•
SNARR. McCANDUSH
Q ROCKWOOD
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
9
lother remedy which Purchaser may have in law or at equity.
(c) Notwithstanding the foregoing provisions of this
Paragraph 13, there shall be no default on the part of either
Party unless and until there has been written notice of that
default provided to the defaulting Party by the other Party and a
period of ten (10) days from receipt of that notice has elapsed
.w itt-,h.i.n , ,.wh,. ,c.h ..,th:e ,d.eL,,a.u,1 t!n.g..P.a.r. ty...h,a s...f.ai l,e d.....t o ..c.0 r.e.. t h e . default.
The provisions of this paragraph (c) shall not apply to the
failure of either Party to settle.
(d) In the event either Party is required to resort to
litigation to enforce its rights hereunder, the Parties agree
that any judgment awarded to the prevailing Party shall include
all litigation expenses, including reasonable attorney's fees.
14. NOTICES
All notices and other communications under this Contract
shall be in writing and shall be deemed received on the day
delivered if delivered in person or three (3) days after the date
of postmark if mailed by registered mail or certified mail,
return receipt requested, first class postage prepaid; if to
Seller:
Fort Collier Owners
c/o James L. McIlvaine, Jr.
6231 Leesburg Pike, Suite 600
Falls Church, VA 22044
0
•
SNARR. MCCANDUSH
d ROCKWOOD
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
10
lwith a copy to:
land if to Purchaser:
1with a copy to:
Charles S. McCandlish, Esquire
Snarr, McCandlish & Rockwood
P . 0. Box 3177
Winchester, VA 22601
The Salvation Army
P. 0. Box 2745
Winchester, Virginia 22601
Edwin B. Yost, Esquire
Scully, Throckmorton & Glass
20 S. Kent Street
Winchester, VA 22601
The Parties shall be responsible for notifying each other of any
change in address. Once notification of change of address is
received as set forth above, notice to the old address shown
above shall be invalid.
15. In consideration of One Dollar, ($1.00) cash in hand
received, Marjorie M. N. Mcllvaine, wife of James L. Mcllvaine,
Sr., agrees to execute any instrument that may be necessary to
quit —claim and release any interest she may have in the Property.
16. The Parties warrant, each to the other, that no broker
was involved in procuring this contract, and that no broker is
entitled to any commission as a result of the execution hereof.
0 •
17. MISCELLANEOUS
This contract contains the entire agreement among the
Parties. There are no promises, agreements, conditions,
undertakings, warranties or representations, oral or written,
express or implied, among them, other than as herein set forth.
This Contract is intended by the Parties hereto to be an integra—
tion of all prior or contemporaneous promises, agreements,
co'n'd'itions, nego-tia't'lons- -arid -un"d°e-rta`k'lng5=be,twee r the � arti°ez
hereto. This Contract may not be modified orally or in any man—
ner other than by an agreement in writing signed by all the
Parties hereto or their respective successors in interest. The
failure of either Party to enforce their respective rights under
this Contract shall not be deemed to be a waiver of those rights.
The Purchaser may not assign this Contract without the written
consent of the Seller. All of the covenants, conditions and
obligations contained in this Contract shall be binding upon and
inure to the benefit of the respective heirs, legal
representatives, and successors of Seller and Purchaser.
18. INTERPRETATION
The Section headings used herein are for reference and con—
venience only and shall not enter into the interpretation hereof.
This Contract may be executed in several counterparts, each of
SNARR. MCCANDUSH
4ROCKWOOD which shall be an original, but all of which shall constitute one
ATTORNEYS AT LAW
WINCHESTER. YIRGINIA
11 11
0
0
SNARR. MCCANDUSH
d ROCKWOO❑
ATTORNEYS AT LAW
WINCHESTER. YIRGINIA
12
and the same instrument. Wherever herein the singular number is
used, the same shall include the plural, and the masculine gender
shall include the feminine and neuter genders, and vice versa, as
the context shall require. Time shall be of the essence in the
performance of this Contract. Unless otherwise provided,
wherever herein reference is made to "days" the same shall mean
"calendar days." Seller has executed this Contract first and
,tlhen o,f.f,.er.e.d ...this Contract for acceptance to the persons named
herein as Purchaser. Accordingly, the terms "date of this
Contract" or the "date hereof" wherever used herein, shall mean
the date on which this Contract is fully executed and accepted by
Purchaser said date to the evidenced by Purchaser's insertion
thereof in the space provided in the last page of this Contract.
If any term, covenant or condition of this Contract or the
application thereof to any person or circumstances shall be in—
valid or unenforceable, the remainder of this Contract, or the
application of such term or provisions to persons or cir—
cumstances other than those to which it is held invalid or unen—
forceable shall not be affected thereby, and each term shall be
valid and enforceable to the fullest extent permitted by law. It
is the intention of the Parties hereto that all questions with
respect to the construction of this Contract and the rights and
liabilities of the Parties hereunder shall be determined in ac-
I
cordance with the laws of Virginia.
19. EASEMENT
Seller may, in its sole discretion, reserve in the deed of
conveyance a temporary grading and construction easement along
the borders of the Property for the purpose of constructing and
installing roads and utilities, such easement to terminate
automatically upon completion of construction.
n n I n n T /I AT I TJ T.T IT
Seller hereby consents to the assignment of this Contract by
Purchaser to another entity or entities existing or created pur—
suant to the laws of the Commonwealth of Virginia for the purpose
of construction and/or operating the contemplated Salvation Army
facilities.
IN WITNESS WHEREOF, the Parties hereto have signed, sealed
and delivered these presents as their own free act and deed. Th
person signing hereunder on behalf of the Purchaser warrants and
affirms that he has the power and authority to enter into this
Contract on behalf of the Purchaser.
SHARR. MCCANDUSH
4 ROCKWOOD
ATTOR\EYS AT LAW
WINCHESTER. VIRGINIA
13
0 6
Date of Seller's Execution
Date of Purchaser's Execution
SNARR. Mc CANDUSH
a ROCKWOOD
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
By
:•
CORRIDOR RIDGE PARTNERSHIP
a Virginia general partnership
Partner
JAMES L. McILVAINE, SR.
MARJORIE M. N. MCILVAINE
SHOCREY REALTY COMPANY
a Virginia limited partnership
eneral Partner
JAMES L. McILVAINE, JR., TRUSTEE
PURCHASER:
THE SALVATION ARMY,
a Geo gia Corp ation
By
0 0
r L
16
i COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
July 3, 1991
Captain Stephen Long
The Salvation Army
303 S. Loudoun St.
Winchester, Virginia 22601
Dear Captain Long:
Please find attached a possible proffer statement that could be
attached to the rezoning. It is my suggestion that this or a
similar proffer could help to avoid any questions about the
possible future uses of the site. Proffers are voluntary, so you
can choose whether or not to use this proffer or any other proffer.
Any proffer statement needs to be signed by the current owner.
Please let me know if I can be of further assistance.
Sincerely,
Robert W. Watkins
Planning Director
RWW/rsa
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
0 . 6
We the undersigned, sole owners of land to be rezoned under
rezoning request number 004-91, referred to as the Salvation Army
Rezoning, and the applicant for said rezoning, hereby voluntarily
proffer the following conditions. The conditions proffered shall
be binding -upon the heirs, executors, administrators, assigns and
successors in interest of both the applicant and owners. In the
event the Frederick County Board of Supervisors grants said
rezoning and accepts these conditions, the following proffered
conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County code:
The uses allowed on the site shall be limited to social services
centers, emergency family shelters, feeding centers, day care,
citadel education centers, and other related uses associated with
the Salvation Army and other non-profit organizations.
owners signature)
applicants signature)
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703 / 678-0682
July 3, 1991
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
THE REZONING APPLICATION OF: THE SALVATION ARMY
Rezoning Application #004-91 of The Salvation Army, to rezone 6.591 acres from M-1 (Light
Industrial) to B-2 (Business General) for an emergency family shelter, social services center,
feeding center,- day care, citadel and education center. This property is located north of
Winchester, on Fort Collier Road in the Fort Collier Industrial Park, in the Stonewall District,
and is identified as parcel 36F on tax map 54.
This rezoning request will be considered by the Frederick County Planning Commission at their
meeting of July 17, 1991 at 7:30 p.m. in the Board room of the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify t, the attached correspondence wailed to the following on
July 3, 1991 from ne Department of Planning and D velopment, Frederick
County, Virginia:
The Salvation Army
Attn: Captain Stephen M. Long
303 S. Loudoun St.
Winchester, Va. 22601
Hampton Construction, Inc.
Inwood, WV. 25428
James L. McIlvaine, Sr., Etals
6231 Leesburg Pike, Suite 600
Falls Church, Va. 22044
Northwestern Workshop, Inc.
2400 Valley Ave.
Winchester, Va. 22601
COUNTY OF FREDERICK
STATE OF VIRGINIA
COUNTY OF FREDERICK
Winchester Warehousing, Inc.
P.O. Box 765
Winchester, Va. 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
I, Debi D. Swimley , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated July 3, 1991 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 3rd day of July 1991
My commission expires on September 30, 1993
L'L L - C-� - -
NOTARY PUBLIC