HomeMy WebLinkAbout007-91 Paul L. Negley - Stonewall District - BackfileRECEIPT
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FREDERICK COUNTY D: PT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601, 9 COURT SQUARE
WINCHESTER, VIRGINIA 2-2601
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I
REZONING CHECKLIST
The application is not complete if the following are not present:
Submission Package
916-7 �q/i. Comment sheets from the following agencies
along with any marked copies of the plan:
I --- VDOT Z' City of Winchester
Co. San. Auth.
Inspections Dept.
' Fire Marshall
County Attorney
Co. Hlth. Dept.
Parks & Rec.
Airport authority
2.
application form
" 6.
taxes paid statement
3.
location map
✓ 7.
sign received
4.
survey
✓ 8.
fees paid
J 5.
deed
✓ 9.
impact analysis
10.
proffer statement
TRACKING
DATE
$oZ '? application RecL-ived-
�.ezoning`forwarded to consulting engineer, if required.
Consultation held with planning staff
Rezoning reviewed by Zoning Review Committee
��OW qk Adjoiner notifications mailed for PC public hearing
qRezoning heard by PC
Public hearing date set by BOS
i 3-9� Ordinance of amendment with conditions proffered prepared
for BOS
16 30 5 Adjoiner notifications ::;_tiled =or SOS pub-:c 'searing
// /3 4 Rezoning heard by BOS
/2-o2-9i -,.)ning ,nap amended
ezoning records updated
S.-
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
November 15, 1991
Mr. Paul L. Negley
Negley Construction, Inc.
1650 Valley Avenue
Winchester, Virginia 22601
Dear Mr. Negley:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting of November 13, 1991.
Your rezoning application #007-91 was approved to rezone 8.94 acres from B-2 (Business
General) to B-3 (Industrial Transition) for uses allowed in the B-3 zoning district. This
property is located on Route 661, behind Days Inn and Econolodge, in the Stonewall
District and is identified as GPIN 430000A0000520.
If you have any questions regarding the approval of this rezoning request, do not hesitate
to call.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
cc: Matthew C. McHale, Colony Realty
Esten Rudolph, Commissioner of Revenue
Roy Jennings, Commissioner of Revenue's Office
George C. Whitacre, Clerk of Circuit Court
C. William Orndoff, Treasurer
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
0
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission October 2, 1991
Board of SupervisorsNovember 13, 1991
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#007-91 of PAUL L. NEGLEY
WHEREAS, Rezoning application #007-91 of Paul L. Negley to rezone
8.94 acres_ from B-2 (Business General) to B-3 (Industrial
Transition) located on Route 661, north of Route 11 in the
Stonewall District, and designated by GPIN 430000A0000520.
WHEREAS, the Planning Commission held a public hearing on this
application on October 2, 1991; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on November 13, 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 8.94 acres from
B-2 (Business General) to B-3 (Industrial Transition) located on
Route 661, north of Route 11 in the Stonewall District, and
designated by GPIN 430000A0000520.
0
0
This ordinance shall be in effect upon its passage.
Passed this 13th day of November , 1991.
A Copy Teste
v I )4��
(I-, A��Iz
Joh . Rile , J .
Fred ick County Administrator
0
E
P/C Review date: 10/02/91
BOS Review date: 11/13/91
REZONING APPLICATION #007-91
PAUL NEGLEY
To Rezone 8.94 Acres
From B-2 (Business, General)
To B-3 (Industrial Transition)
LOCATION: Route 661, behind Days Inn and Econolodge, just north of
U.S. Route 11.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43000OA0000520
PROPERTY ZONING & PRESENT USE: Zoned B-2 (Business General), land
use - vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned M-1 (Light
Industrial) and B-2 (Business General), land use - Industrial Park,
motel, gas station and Blue Flame Gas Co.
PROPOSED USE: Uses allowed in the B-3 zoning district
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: There is a 12" water line on the east
side of State Route 661. The nearest sewer is on SR R-732
approximately 1100 feet away. There is adequate water and
sewer capacity available. If this parcel is served by the
city, we will allow them to supply the water also.
0
C
Page -2-
Negley Rezoning
Fire Marshal: Fire lanes will be required at all hydrants per
Frederick County Chapter 10. 1) Comments made by Clearbrook
Volunteer Fire Co. are to be included with this comment sheet.
(see attached letter from Chief Thomas F. Price, dated
8/13/91) 2) Access for emergency vehicles required at all
times during construction. 3) No burning of land clearing
debris or construction debris permitted without a permit from
the Fire Marshal's office.
Inspections Dept.: Building shall comply with the Virginia
Uniform Statewide Building Code and Section 309 Use Group R
(Residential) of the BOCA National Building Code /1990.
City of Winchester: See attachment from the Utilities Dept.
Planning & Zoning:
Location: The site is located in the urban area adjacent to
an interstate interchange area and an existing industrial
park. Adjoining property is zoned M-1 to the north and west
and B-2 to the south. The interstate is to the east.
Site Suitability: The site is generally level and open with
frontage on Route 661 (Welltown Pike). According to the
impact statement, water and sewer will be available to the
site.
Potential Impacts: Land zoned B-2 can potentially generate
more traffic that land zoned B-3, although a higher portion of
the traffic from B-3 land may be heavy trucks. Drainage will
be addressed through the site development process.
Conclusions: The site is located between retail and
industrial areas to the rear of an interchange commercial
area. The site may be considered to be ideal for industrial
transition zoning. No adverse impacts are anticipated.
STAFF RECOMMENDATIONS FOR 10/02/91 P/C MEETING: Approval.
PLANNING COMMISSION RECOMMENDATIONS OF 10102191 MEETING: Unanimous
approval. (Absent, G. Romine, C. McDonald and J. Marker)
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number OO7- 9 /
Submittal Deadline
PC Hearing Date /a/,A
Date Received X-,W 7_ /
Application Date 9
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: Paul L. Negle
Address: 1650 Valley Ave.
Winchester, VA 22601
Telephone: 665-2792
2. Owner:
Name: Paul L. Negley
Address: 1650 Valley Ave.
Winchester, VA 22601
Telephone: 665-2792
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:
-Paufi Negley
5
01700
•
3. zoning Change: It is requested that the zoning of the property
be changed from B 2 to B 3
4. Location: The property is located at (give exact directions):
Route 661 (Welltown Pike). behind Days Inn and Econolodae.
Just North of U.S. Route 11
5. Parcel Identification:
21 Digit Tax Parcel Number: 43000A00000000000520
6. Magisterial District: Stonewall
7. Property Dimensions: The dimensions of the property to be
rezoned.
Total Area: 8.94 Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
8.94 Acres Rezoned to �• 3
Acres Rezoned to"
Acres Rezoned to
Acres Rezoned to
FI-ontage: 693.22 Feet On Route 661
Depth: 263 Feet On S . E . end
Depth: 792.98 Feet, On N.E. end
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: Cloverdale Farm, Inc.
Deed Page: 762
Deed Book Number: 235
0 •
9. Proposed Use: It is proposed that the property will be put to
the following uses.
10. Checklist: Check the following items that have been included
with this application.
Location map ,x
survey or plat
Deed to property
Statement verifying taxes
_✓�
✓
sign receipt
Agency Comments
Fees
Impact Analysis Statement
✓
Proffer Statement IVJA
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
0 0
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be n tified 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
Winchester North Inc.
Address: 11841 Canon Blvd.
Newport News, VA
23606
Property ID:
43000 .- A000000000000500
2
Penbern Winchester
Address: 1509
Martinsburg Pike
c/o Days Inn
Winchester, VA
22601
Property ID:
43000 A00000000000050A
3
Paul D. Muldowney
Address: P.O.
Box 478
Hagerstown, MD
21740
Property ID:
43000A000000000000510
4
James T. Wilson
Address: P.O.
Box 2236
DeHaven & Wilson Enterprises
Winchester, VA
22601
Property ID:
43000A000000000000530
5
Emma S. Duncan
Address: Rt.
8 P.O. Box 698
Winchester, VA
22601
Property ID:
43000A000000000000990
6
Poly Processing Co., Inc
Address: 4009
Old Sterlingston Rd.
Monroe, LA 71203
Property ID:
430000190000000000170
7
Lenoir City Co. of VA
Address: P.O.
Box 117
Boyce, VA 22622
Property ID:
430000019000000000020
8
Paul D. Muldowney
Address: P.O.
Box 478
Hagerstown, MD
21740
Property ID:
430000020000000000A0
9
Address:
Property ID:
10
Address:
Property ID:
IMPACT STATEMENT
A. The site is relatively level, open, and undeveloped.
It is not in the 100 year flood plain.
The soil type at the site is 32B (Oaklet silt loam), a well —drained soil with 2
to 7 % slopes.
One would not suspect any bedrock conditions which would create
construction difficulties or hazards.
B. There are no residences on any of the adjoining parcels.
To the South is a motel & a gas station.
To the Southwest is an M-1 Industrial Park.
To the North is Blue Flame Gas Co.
To the East is Interstate 81.
C. Traffic: Rezoning from B2 to B3 — no expectation of increased traffic.
D. 1,000 gallons of sewage coveyane has been deeded with the land by Cloverdale
Inc. This is part of the City sewage allotment that was worked out with the
motel and is of record in the City.
E. Water supply: The City would like to supply the water to the sites as it does
to the motel since it will provide the sewage (12" water line).
H. The property drains generally to the North/Northeast (toward the railroad)
and toward Route 661 in several areas.
BOOK 4'7;) PAGE 467
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The Above Plat is a Survey of the Remaining Portion of the Land conveyed
to Cloverdale Farm, Inc. by Deed dated 1 June 1956 in Deed Book 242 Page 306.
The said Land fronts the Eastern Boundary Linea of Route 661, just 'North of
U. S. route 11, and lies in Stonewall District, Frederick County, Virginias
Beginning at a concrete highway mon=--nt in the Eastern Boundary Line
of Route 661, a corner to the VonSneiden and Glaize Land, running with the
five following Eastern Boundary Linen N 100 30' 00" E - 50.01 ft.1 thence
N 110 36' 45" E - 300.00 ft.; thence N 130 33' 18" E -- 150.08 ft.; thence
N 110 38' 45" E - 100.00 ft.; thence N 080 43' 3011 E - M 13 ft. to an iron
pin at the intersection of the said line with the Southeastern R44 Line of
the Railroad; thence with the said Lino N 420 16' 10" E - 864.05 ft. to a'
concrete highway monument at the intorsection of the said Line with the
Western Boundary Lino of the Interstate 81 Ramp; thence with the two following
Western Boundary Lines S 000 17' 02" E - 193.66 ft. to a concrete highway
nonuzmont; thence S 000 48' 58" W - 599.32 ft. to an iron pin (found) corner
to the MacMahon and Andrews Land; thrum with the three following lines of
the said Land N 890 11' 02" 11 - 17i.00 ft. to an iron pin; thence S 560 07'
00" 14 - 315.40 ft. to an iron pin; thence S 120 47' 00" W - 233.00 ft. to an
iron pin in the Northern Line of the said VonSnoiden and Glaize Land; thence
with the said Line S 600 29' 49" W - 263.30 fte to the beginning.
Also shown on the Plat is the 60.0 FT. R/W across the Southern Portion of
the Land.
REQUEST FOR REZONING COMMENTS
NEGLEY CONSTRUCTION, INC.
The only comments I have are with regards to the impact statement, paragraph D & E.
They are correct. There was an agreement at the time the force main was installed along
Martinsburg Pike for sewer service to this property from the agreement between the
property owners. The property in question does have a 1,000 gallon allocation to a
private pumping station which is then pumped into the force main owned and maintained
by the City of Winchester. Since water is also available, it would be' bur consideration that
water and sewer service be provided by the City. JWM-Utilities /
RECEIVED AUG 1 2 1991
REQUEST FOR REZONING COMMENTS
Fire and Rescue squad:
Clearbrook Fire Co.
Tom Price, Chief
Applicant's name, address and phone number:
Paul L. Negley for Negley Construction, Inc.
1650 Vallev Ave.. Winchester. VA 665-2792
Name of development and/or description of the request:
Rezone to B 3
Location:
Route 661 (Welltown Pike), behind Days Inn and Econolodge,
Just North of U.S. Route 11.
Fire and Rescue Squad Comments:
Q 4 C C
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; N i dwne, r o'F r�oo.
,c'�.v.v k �!/c/ T �E
i.� c a E•o s E tj
.14y./44 44
Me /=;tFbea, uI-- Co • C --7AIz Sr/A GC .
Fire and Rescue Sig ture and Date:
9;
(NOTICE TO SQUAD - PLEASE RETURN THIS F 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
UH
0-JN-FY OF FREDERICK, VIRGIN11
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 080691758 Date Received 080691 Date Reviewed 081991
_____ ____
Applicant Name Paul L. Negley
��.
Address 1650 Valley Avenue
��.........
Winchester, Virginia 22601
....................
Project Name Rt. 661 Welltown Pike
---'----------------------'--..... ......... --'---.........
------------
r'hone No, 703-665-2792
Type of Application Rezoning Current Zoning B-2
1st Due Fire Co. 13 1st Due Rescue Co' 13
Election District Stonewall
Automatic Sprinkler System
Automatic Fire Alarm System
Emergency Vehicle Access
RECOMMENDATIONS
X Residential Sprinkler System
X Other
Adequate Inadequate Not Identified X
Fire Lanes Required; Yes X No
Comments; Fire lanes will be required at all hydrants per Frederick
County Chapter 10
Roadway/Azsleway Widths;
Adequate Inadequate
Special Hazards Noted; Yes
_
Comments:
Not Identified X
No X
U
10
Hydrant Locations;
Adequate
Inadequate
Siamese Connection Location;
Approved Not Approved
Not Identified X
Not Identified X
Additional
Comments:
1)
Comments made by
Clear Brook Volunteer Fire Co.
are to
be
included with
this comment sheet.
2) Access for emergency
vehicles
required
at
all
times during construction.
3> No burning of
land
clearing debris
or
construction debris
permitted without permit from
Fire Marshal's Office.
Review Time 50 hr
� .
� v-u��r0S
� FIRFR E
UhTY
� Douglas A. ��ra�ofe
� Fire Marshal
REQUEST FOR REZONING COMMENTS.
Frederick County Inspections Depart
P.O. Box 601, Winchester, Virgin:
(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:
Paul L. Negley
1650 Valley Ave., Winchester, VA 22601 665-2792
Name of development and/or description of the request:
Rezone to B 3
Location:
Route 661 (Welltown Pike), behind Days Inn and Econolodge,
just North of U.S. Route 11
Inspections Department Comments:
Buildings shall comply with the Virginia niform Statewide Building Code and
Section 309 Use Group R (Reside is e Q�. ational Building Code/1990.
Inspect. Signature & Date: - r
(NOTICE - PLEASE RETURN T F RM HE APPLIC .)
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
REQUEST FOR REZONING COMMENTS
Virginia Department of Transportati �='��r
ATTN: William H. Bushman, Resident Engi
P.O. Box 278, Edinburg, Virginia 22824-0278
(703) 984-4133
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:
Paul L. Neal
1650 Valley A:,e. , W4nchester, VA 665-2792
Name of development and/or description of the request:
Rezone to B 3
Location:
Route 661 (Welltown Pike), behind Days Inn and Econolodge,
Just North of U.S. Route 11
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 Generation Manual, 4th
Edition for review. Any work performed on the State's rig t-o -way must e covered
under a land use permit. This permit is issued by this office and requires an inspection
fee and surety bond coverage.
VDOT Signature and Date:
(NOTICE TO VDOT - PLEASE
THIS FORM TO THE APPLI
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
6
0
October 30, 1991
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
FAX 703/678-0682
TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: PAUL L. NEGLEY
Rezoning_Ap_plication #007-91 of Paul L. Negley to rezone 8.94 acres from B-2 (Business
General) to B-3 (Industrial Transition) for uses allowed in the B-3 zoning district. This property
is located on Route 661, just north of Route 11, in the Stonewall District and is identified as
parcel 52 on tax map 43.
This rezoning request will be considered by the Frederick County Board of Supervisors at their
meeting of November 13, 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 tWe attached correspondence was *led to the following on
October 30, 1991from 0TUT Department of Planning and De pment, Frederick
"County, Virginia:
Negley Construction, Inc.
Attn: Mr. Paul Negley
1650 Valley Avenue
Winchester, VA 22601
Colony Realty
Attn: Mr. Matthew C. McHale
112 N. Cameron Street
Winchester, VA 22601
43 A 11,50
W:r.NCAAK*:9)'Y*ER 3+l0RTH, INC.
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N1:.:WF*0N'Y* NIEWE), VA
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21.740...
WILSON, h'-1M1"_'(3 T.
X)1:*:HAV1-"_:N & W.11 C-K)N 1:::N'T'r.*:I:it-':11:i:Cl,:if:':F..3
1A.Z57 N F'ITKUK
James T. Wilson
DeHaven & Wilson Enterprises
P.O. Box 2236
Winchester, VA 22601
4.3 A 99
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Frederick County Dept. of Planning
STATE OF VIRGINIA
CO
1, , 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 —October 30, 1991 has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 30th day of October 1991•
My commission expires on
NOTAR)K PUBLI6
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:
Paul Negley for Negley Construction, Inc.
665-2792
Name of development and/or description of the request:
Location:
Route 661 (Welltown Pike), behind Days Inn and Econolodge,
just North of U.S.Route 11
City of Winchester Comments:
City Signature and Date:
(NOTICE TO CITY - PLEASE RETURN THI
�,. g - �
THE APPLI A
NOTICE TO APPL'
It is your responsibility to complete thi form 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
RECEIVED AUG 0 6 1991
WINCHESTER NORTH, INC. (804) 873_0400
1 1841 CANON BOULEVARD
NEWPORT NEWS, VA 23606
S P3810
September 27, 1991
Mr. Robert W. Watkins
Department of Planning
County of Frederick
9 N. Loudoun Street
Winchester, Virginia
and Development
22601
Re: The Application of Paul L. Negley
Meeting Date: October 2, 1991, 7:30 p.m.
Dear Mr. Watkins:
My company, Winchester North Inc., owns the Econo Lodge motel on Route 11
North, adjacent to the subject parcel recently purchased by Mr. Negley. As
you know, both parcels are presently zoned B-2.
My concern with the rezoning of Mr. Negley's parcel is in regard to those
permitted B-3 uses which would create excess noise and visual blight so as to
be disturbing to and incompatible with my motel use. I am concerned about any
uses allowed under B-3 which would have the potential to create excess truck
or machinery noise, particularly during evening and early morning hours when
my motel guests are trying to sleep. Obviously, I am also concerned about any
uses under B-3 which might create a visual blight such as the rear yard of an
auto repair shop. I believe my parcel is entitled to such protection.
A number of permitted uses under B-3 would be compatible with my business.
However, since your Commission does not have the authority to permit some B-3
uses while forbidding others, I feel I have no choice but to oppose the
rezoning for the reasons I have stated. I do not know what Mr. Negley's
intended use is, and it may be that his use would not be incompatible with a
motel operation. Uses which may be undertaken by land owners succeeding Mr.
Negley must be considered, however.
Should the issue arise, it is my request that the Commission require any
buffers and/or screens which are within its authority to impose.
Thanking you very much for your consideration, I remain
V ry t my yours,
J n Pritchard, III
V ce resident/General Counsel
JRP:cnm
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CJ0l -mil
P i1 P5t P
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3. Zoning Change: It is requested that the zoning of the property
be changed from B 2 to B 3
4. Location: The property
is located
at (give
exact directions):
Route 661 (Welltown
Pike), behind
Days Inn
and Econolodge,
Just NOrth of U.S. Route 11
5. Parcel Identification:
21 Digit Tax Parcel Number: 43000A00000000000520
6. Magisterial District: Stonewall
7. Property Dimensions: The dimensions of the property to be
rezoned.
Total Area: 8.94 Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
8.94 Acres Rezoned to �. 3
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Fbontage: 693.22 Feet On Route 661
Depth: 263 Feet On S . E . end
Depth: 792.98 Feet, On N.E. end
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: Cloverdale Farin, Inc.
Deed Page: 762
Deed Book Number: 235
6
t , r •
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
Winchester North Inc.
Address: 11841 Canon Blvd.
Newport News, VA
23606
Property ID:
43000 A000000000000500
2
Penbern Winchester
Address: 1509
Martinsburg Pike
c/o Days Inn
Winchester, VA
22601
Property ID:
43000 A00000000000050A
3
Paul D. Muldowney
Address: P.O.
Box 478
Hagerstown, MD
21740
Property ID:
43000A000000000000510
4
James T. Wilson
Address: P.O.
Box 2236
DeHaven & Wilson Enterprises
Winchester, VA
22601
Property ID:
43000A000000000000530
5
Emma S. Duncan
Address: Rt.
8 P.O. Box 698
Winchester, VA
22601
Property ID:
43000A000000000000990
6
Poly Processing Co., Inc
Address: 4009
Old Sterlingston Rd.
Monroe, LA 71203
Property ID:
430000190000000000170
7
Lenoir City Co. of VA
Address: P.O.
Box 117
Boyce, VA 22622
Property ID:
430000019000000000020
8
Paul D. Muldowney
Address: P.O.
Box 478
Hagerstown, MD
21740
Property ID:
430000020000000000A0
9
Address:
Property ID:
10
Address:
Property ID:
8
f
0 0
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703 / 678-0682
September 18, 1991
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: PAUL L. NEGLEY
Rezoning Application #007-91 of Paul L. Negley to rezone 8.94 acres from B-2 (Business
General) to B-3 (Industrial Transition) for uses allowed in the B-3 zoning district. This property
is located on Route 661, just north of Route 11, in the Stonewall District and is identified as
parcel 52 on tax map 43.
This rezoning request will be considered by the Frederick County Planning Commission at their
meeting of October 2, 1991, at 7:30 p.m., in the Board Room of the old Frederick County
Courthouse, Winchester Va.
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 that. e attached correspondence was Aled to the following on
September 18, 1990rom the Department of Planning and Deve opment, Frederick
County, Virginia: 4,14 ,,,
13
Paul Negley
1650 Valley Avenue
Winchester, VA 22601
Colony Realty
Attn: Matthew C. McHale
112 North Cameron ST.
Winchester, VA 22601
43 A f:0
1.1 8 41. CANON X:+LVD
Nli::WY:'t: RT NEWS. VA
;,:y3606....
43 A Sol
I'�'IEE:NA)�GE:I�iN W:I:Nt:,l�•IIEi:fiiT'Ia��
C/O DAYS INN
1509 i" ART':I:Nfi3X•:t1.DRG PIKE
W:I NCHGEST'ER, VA
irilJl...%)OWNfiE:Y , F''rliJL D .,
I••IAGGETiS T OWN , MD.
22601
43 A 51.
?.1.'740---
James T. Wilson
DeHaven & Wilson Enterprises
P.O. Box 2236
Winchester, VA 22601
DEE:I••1AVEi:N & W:I:L..fEON IE:N'T'15RPP2:CfE3ES
1137 N F I'ilii:DER I CK PIKE
W:I:Nf:.l••IESTER, -VA1
n}n: 60:1. ....
^' 3 A 99
zylal�!c:nN, IEE:I�Ir�ln B.
W:I:NC HiE:S T'la R, VA.,
22600--
t::•t:)I..Y PROCESSING I:NG C.t;) �d"ry
�4t)09 OLD ST'IEE:f•@I...:I:Nt: S T'f:)NNRD
i`4tJi lf2t:)F.E:, LA
71203
43 1.9 2
I...Y:E:NO I R CITY CO, OF V:I:1°lG I:N:I A
P.O. BOX 117
JEt OYC EE: , VA
22622
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, l{ �:� , 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 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this �� day of�?�.C/ 1991•
My commission expires on
NOTARY PUBLIC
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11
9
REQUEST FOR REZONING COMMENTS
Frederick county Sanitation Authdrity
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: 5'F;$14 epoTa
.n.f?lt
Paul L . Ne g l ey C* aL 40.1Y YR—A-,42 7Y
1650 Valley Ave., Winchester, VA 665-2792 1/.2 & C",4,IFRo41 $7,
A.2A'q/
Name of development and/or description of the request:
Rezone to B 3
Location:
Route 661 (Welltown Pike), behind Days Inn and Econolodge,
Just North of U.S. Route 11
Sanitation Authority Comments: SF'� �TTi9C/11�' Yj
/? I 4/.4 7,4CiP6 041 71'le e6,457 S/OE OA 5746�/. 729Ar
&E.44 417 IS ME-4 13 OW TA F- 73.2 44A0A Xr�ArALy //o a Ar 0 t,� y,
T 6�, E / S 44 a" 7�' W�T,EJ{
If -04AC94 /S 6,Ev✓ERf !3Y 7" C/rY/ 1A�,F WIe a ALL 0 w 7*AcW To
SG10i01Y 7254F W T 51 1 A4 5 0.
Sanit . Signature & Date : ,�(J�"
(NOTICE TO SANITATION - A E RETURN HIS 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, and
all other pertinent information.
22
A
e Rood
F_ ;732
�2w
6•
Ir
44 lc j
5c,g/ F '
/ ": z oo fr
I�
Ll
IMPACT STATEMENT
A. The site is relatively level, open, and undeveloped.
it is not In the 100 year flood plain.
u
The soil type at the site is 32B (Oaklet silt loam), a well -drained soil with 2
to 7 % slopes.
One would not suspect any bedrock conditions which would create
construction difficulties or hazards.
B. There are no residences on any of the adjoining parcels.
To the South is a motel & a gas station.
To the Southwest is an M-1 Industrial Park.
To the North is Blue Flame Gas Co.
To the East is Interstate 81.
C. Traffic: Rezoning from B2 to B3 - no expectation of Increased traffic.
verdale
D. 1,000 gallons of sewage coveyane has been deededlo with the
Inc. This Is part of the City sewage allotment
that was worked out
motel and is of record in the City.
E. Water supply: The City would like to supply the water to the sites as it does
to the motel since it will provide the sewage (12" water line).
II. The property drains generally to the North/Northeast (toward the railroad)_
and toward Route 661 in several areas.
.JIL
i I �� • .•� • 'a wis ter. •' i_• Y
-AX RECEIPT - YEAR 1991 Ticket#: 0493901 @@
COUNTY OF FREDERICK Date : 5/23/91
C. WILLIAM ORNDOFF. JR Register: CJO/**
P.O. BOX 225 Trans. #: 14560
Deot # : RE91
WINCHESTER VA 22601
NAL ESTATE 1991
M PIKE 43 A 52
Previous Principle
Balance $ 628.02
0 910523
Penaltv $ .0O
Interest $ .00
CLOVERDALE FARMS, INC. Amount Paid $ 628.02
RT 4 BOX 44 *Balance Due $ .00
WINCHESTERr VA.
22601 CK#1STAM 2041
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE)
TAX RECEIPT - YEAR 1991 Ticket#: 0493902 @@
COUNTY OF FREDERICK Date : 7/11/91
C. WILLIAM ORNDOFF. JR Register: COS/**
P.O. BOX 225 Trans. #: 05135
Dept # : RE91
WINCHESTER VA 22601
NAL ESTATE 1991
M PIKE 43 A 52
Previous Principle
Balance $ 628.01
0 910711
Penaltv $ .00
Interest $ .00
CLOVERDALE FARMS. . Amount Paid $ 628.01
*Balance Due $ .00 |
INCHESTER, VA. �
22601 CK#FM B BUTLER �
L"�
NY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST (DUPLl[A|E)
--- ----
6017
BMB:dhc
06/28/91
0 •
0 K ? G 2, :;; ' 5
THIS DEED made and dated this 2nd day of July, 1991,
by and between CLOVERDALE FARM, INCORPORATED, a Virginia
Corporation, party of the first part, hereinafter called the
Grantor, and NEdLEY CONSTRUCTION, INC., a Virginia Corporation,
party of the second part, hereinafter called the Grantee.
MITNESSETH: That for and in consideration of the sum
of Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey with
general warranty of title unto the Grantee, in fee simple,
absolute, all that certain lot or parcel of land, together with
the improvements thereon and the appurtenances thereunto
belonging, lying and being situate along the East side of
Welltown Pike (Route 661), in Stonewall Magisterial District,
Frederick County, Virginia, containing 8.94 Acres, and more
particularly described by survey drawn by Lee A. Ebert, C.L.S.,
dated July 16, 1975, of record in the Office of the Clerk of
the Circuit Court of Frederick County, Virginia in Deed Book
472 at Page 467 and by this reference made a part hereof as if
set out in full; and being a portion of the land conveyed to
the Grantor herein by deed dated June 1, 1956, from Robert S.
Boyd, of record in the aforesaid Clerk's Office in Deed Book
242 at Page 386. Reference is made to the aforesaid survey and
deed for a more particular description of the property herein
conveyed.
This conveyance includes all of the Grantor's right,
title and interest in and to the public sewer more particularly
described in that certain Order entered September 23, 1982, in
that matter styled FRED L. GLAIZE III. ET AL, Plaintiffs v.
Wj NCHESTER 81 LIMITED PARTNERSHIP ET AL, Defendants, AT LAW
NO. 3904, and which is of record in Law Book 57 at Page 173, et
seq., and which Order, and the Agreement as an Exhibit attached
0
• 0
DKl6i'i :'U "L36 1 bl"
thereto, are by this reference made a part hereof as if set out
in full.
This conveyance is made subject to all easements,
rights of way and restrictions of record affecting the subject
property, and particularly that certain 60 ft. right of way
along the Southern boundary of the subject property, to be used
in common with others, and more particularly described in that
certain deed dated December 11, 1964, from the Grantor herein
to Philip B. Glaize, et al, of record in the aforesaid Clerk's
Office in Deed Book 306 at Page 170, all by this reference made
a part hereof as if set out in full.
The Grantor hereby covenants that it has the right to
convey to the Grantee; that the Grantee shall have quiet and
peaceable possession of the said property, free from all liens
and encumbrances; and it will grant such further assurances of
title as may be requisite.
The execution of this deed has been duly authorized by
the Directors of the Grantor Corporation and nothing in the
Corporate Charter or Bylaws reserves the power unto the
stockholders to convey a part of the corporate real property.
WITNESS the following signature and seal:
CLOVERDALE FARM, INCORPORATED
BY �� (SEAL)
ROBERT S. BOY President
STATE OF VIRGINIA,
OF L( '/J _S`iC_,1l TO-WIT:
T 1n a Notary Public in and
l '1� n_JN2hJ , Y
for the State and jurisdiction aforesaid, do hereby certify
that ROBERT S. BOYD, who is President of CLOVERDALE FARM,
INCORPORATED, whose name is signed to the foregoing Deed, dated
2
0 0
8K762,:0237
July 2, 1991, has personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this 2nd day of July, 1991.
k�
My Commission expires �)22
NOTARY PUBLI
VIRGINIA: FREDERICK COUNTY, Cprodu. to me on the
This instrument of iting 19
day of
t 4aimpo5ed
and with certficate Cg '=��• "�'� of
,,,,,,admitted to rec d.
S�Jand 5e-54 have been pa ;
CLERK
3