HomeMy WebLinkAbout014-98 Gregory Investments - Opequon - BackfileWiXel RM
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REZONING TRACKING SHEET
Date
9 - ! ( - 9 D Application received/file opened
IL Reference manual updated/number assigned
t� D-base updated
0 File given to office manager to update bi-monthly report
Four sets of adjoiner labels ordered from data processing
40 color maps ordered from Mapping & Graphics
PC public hearing date ACTION: ehdP� `I� pL rooyo
% 0 - �6- _! g BOS public hearing date ACTION:
APPR WD
/Q - 1Z 9 Signed copy of resolution for amendment of ordinance, with conditions
proffered, received from County Administrator's office and placed in Proffers
Notebook. (Note: If rezoning has no proffers, resolution goes in
Amendments Without Proffers notebook.)
Action letter mailed to applicant
V Reference manual and D-base updated
Pam/ File given to office manager to update bi-monthly report (final action)
/0-ZY` File given to Mapping & Graphics to update zoning map
�
Other notes:
Zoning map amended
U ACarol\Common\trackuj.rez
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TO: Finance Department
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
FROM: Karen A. Cain, Receptionist/Clerk Typist II�
SUBJECT: Return Of Sign Deposit
DATE• November 13, 1998
The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a
deposit for a sign for Rezoning. Application #014-98. They have now returned the sign and are
therefore entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $25.00 to:
RSA/kac
Mr. Ralph Gregory
101 Carter Place
Winchester, VA 22602
.107 North Kent Street • Winchester, Virginia 22601-5000
0 •
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/678-0682
October 28, 1998
Mr. Stephen M. Gyurisin
G. W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
RE: REZONING APPLICATION #014-98 OF GREGORY INVESTMENTS;
P.I.N. 75-A-51
Dear Steve:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of October 26, 1998. The Board approved your request to rezone .149 acres (6,502 sq. ft.)
from RP (Residential) to B2 (Business General), identified as PIN 75-A-51, in the Opequon
Magisterial District. The proffers that were approved as a part of this rezoning application are unique
to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer
statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
h �7
(/yam
Evan A. Wyatt
Deputy Director
EAW/cc
Attachment
cc: Ralph Gregory
Robert M. Sager, Opequon District Supervisor
Jane Anderson, Real Estate
O:\Agendas\APPR_DEN. L'IR\Gregorylnveshnents. REZ
107 North Kent Street - Winchester, Virginia 22601-5000
PC REVIEW DATE: 10/07/98
BOS REVIEW DATE: 10/26/98
REZONING APPLICATION #014-98
GREGORY INVESTMENTS
To rezone .149 acres (6,502 sq. ft.) from RP (Residential Performance) to B2 (Business General)
LOCATION: This property is located on the west side of Aylor Road (Rt. 647) at the intersection
of Aylor Road and Double Church Road (Rt. 641).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75-A-51
PROPERTY ZONING & PRESENT USE:
Zoned: RP, Residential Performance District (149 acres)
B2, Business General District (681 acres)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned - RP, Residential Performance District
South: Zoned - RP, Residential Performance District
East: Zoned - RP, Residential Performance District
West: Not Zoned
PROPOSED USE: Commercial or office
REVIEW EVALUATIONS:
Land Use: Vacant
Vacant
Use: Residential
Use: Aylor Middle School
Use: Residential
Use: Interstate 81
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, Sixth Edition for review.
VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications,
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Gregory Investments, REZ #014-98
Page 2
October 21, 1998
traffic signalization and off -site roadway improvements and drainage. 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.
County Engineer: We offer no comments at this time. We will offer comments at the time of site
plan submission. Therefore, we recommend approval of the subject rezoning.
County Attorney Proffers appear substantially correct.
Planning & Zoning
1) Site History
The original zoning map (U.S.G.S. Stephens City Quadrangle) for this area of Frederick County
indicates that Double Church Road extended west from the intersection with Aylor Road into the
town of Stephens City. This extension was severed by the construction of Interstate 81. The portion
of parcel 75-A-51 that was located on the north side of Double Church Road extended was zoned
B1, Neighborhood Business District, while the portion located on the south side was zoned R3,
Residential General District.
The Board of Supervisors approved Zoning Application Number (ZAN) 92 for Ralph S. Gregory on
October 5, 1972. This action changed the zoning classification of the portion of parcel 75-A-51 that
was located on the north side of Double Church Road extended to B-2, Business General District.
The portion located on the south side of Double Church Road extended was changed to RP,
Residential Performance District on September 28, 1983 when this zoning district replaced the Rl,
R2, R3, and R6 zoning districts.
2) Location
The property is located in the County's Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA). The property has frontage on Aylor Road which is classified as a major
collector road and adjoins Interstate 81 along the rear property line.
3) Site Suitability
The property does not contain areas of floodplain, wetland, steep slope or woodland. The Soil
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Gregory Investments, REZ #014-98
Page 3 -
October 21, 1998
Survey for Frederick County identifies the soil type on this property as Blair -ton silt loam (313) which
is classified as prime agricultural soil. The Frederick County Rural Landmarks Survey does not
recognize this property as a component of a historic district, nor does the property contain structures
of historic significance. There are no historic features within the proximity of this property that are
identified as potentially significant.
4) Potential Impacts
A) Adjoining Properties
The applicant's impact statement states that the .149 acres proposed for rezoning will be
utilized for vehicular access and parking. The predominant land use to the east of this
property is residential; therefore, potential impacts from site lighting and vehicular headlight
glare may be realized.
5) Capital Facilities Impact Model
The applicant has proffered that structures will not be constructed on the .149 acres that is
proposed for rezoning; therefore, staff did not apply the Capital Facilities Impact Model to
this application.
STAFF RECOMMENDATION FOR 10/07/98 PLANNING COMMISSION MEETING:
Approximately 8 1 % of parcel 75-A-51 is currently zoned B2, Business General District, and can be
legally developed for commercial purposes. The applicant has proffered to prohibit the construction
of structures on the .149-acre portion that is proposed for rezoning. The Zoning Ordinance requires
various methods of screening commercial uses and associated parking areas from residential
properties, and establishes requirements to control lighting spillover onto adjoining properties. Staff
believes that the county site design requirements coupled with the applicant's proffer statement
adequately mitigate the impacts associated with this rezoning proposal.
PLANNING COMMISSION SUMMARY & ACTION OF 10/07/98 MEETING: The
applicant said that the primary reason for the rezoning was to make the small, residentially -zoned
portion commercial, so that it was consistent with the remaining zoning of the property. The
applicant noted that because of the buffer requirements between residential and commercial zoning,
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Gregory Investments, REZ #014-98
Page 4
October 21, 1998
they would be faced with providing a buffer on their own property, as well as providing buffering to
adjoining properties. The applicant stated that this presents a substantial spacing problem in locating
the entrance, the driveway, and parking.
Commission members asked if the possible widening of I-81 would affect this property. The
applicant replied that they spoke with VDOT about that possibility and it is unlikely that any widening
of I-81 would affect the Gregory property. There were also some questions regarding site distances
going north on Aylor Road. The applicant reported that they are currently dealing with those issues
on their site plan and, in addition, they will be dedicating right-of-way for the expansion of Aylor
Road.
There were no citizen comments. The Commission unanimously recommended approval with the
proffers submitted by the applicant.
(Note: All members of the Commission were in attendance.)
O:\Agendas\REZONE\COMMENTS\GREGORY. REZ
WON
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Numbero /4- [ S Date Received
PC Hearing Date /0-'7 -9 g BOS Hearing Date /0 d 7- 9
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office
of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Stephen M. Gyurisin
Name: G.W. Clifford & Associates, Inc.
Telephone: 540-667-2139
Address:200 N. Cameron St., Winchester, VA 22601
2. Property Owner (if different than above)
Name: Ralph S. & Carolyn P. Gregory Telephone: 540-869-3500
Address:P O Box 520, Stephens City, VA 22655
3. Contact person if other than above
Name: S. M. Gyurisin Telephone: 540-667-2139
4. Checklist: Check the following items that have been included with this application.
Location map x Agency Comments x
Plat x Fees x
T'T'
Deed to property X Impact Analysis Statement 71
Verification of taxes paid x Proffer Statement x
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5. 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:
Ralph S. Gregory
Carolyn P. Gregory
6. A) Current Use of the Property: Vacant
B) Proposed Use of the Property: landscaped area / parking
7. Adjoining Property:
PARCEL ID NUMBER
75-A-51
75-A-49
75-A-48
75B-4-A-1
USE ZONING
vacant B-2
residential/cot. RP
residential RP
residential RP
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection. using road names and route numbers):
The intersection of VA. sec. Route 647 (Aylor Road) and VA
sec. Route 641 (Double Church Road) on the west side of
Aylor Road and along I-81.
12
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number
Magisterial: opeauon
Fire Service: Stephens City
Rescue Service:Stephens City
Districts
75-A-51
High School: Sherando
Middle School: Aylor
Elementary School:
Bass Hoover
10. Zoning Change: List the acreage included in each new zoning category being requested.
(. «q
acres)
Acres
Current Zoning
Zoning Requested
6502 SF
RP
B-2
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed :
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant:
Number of Units Proposed -N/A
Townhome:
Mobile Home:
Multi -Family:
Hotel Rooms:
Square Footage of Proposed Uses - N/A
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Service Station:
Manufacturing:
Warehouse:
Other:
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12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): Date: V tQ "9 S
Date:
r�
Owner(s): 2 Date: l a q $
Date: 16
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Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number T
Address
Name Ralph S. & Carolyn P. Gregory
101 Carter Lane
Winchester, VA 22602
,-Property # 75-A-51
Name Roger L. & Deborah H. Mogue
810 Aylor Road
Stephens City, VA 22655
_Property # 75-A-49
Name T.W. & Mary R. Patterson
189 North Street #2
Strasburg, VA 22657
Property # 75-A-48
Name George Washington Hotel Corporatio
603-A South Loudoun St.
Winchester, VA 22601
Property # 75-A-47
Name Robert L. Hoover
107 Double Church Road
Stephens City, VA 22655
Pro ertv# 74B-4-A-1
Name Ray M. & Linda J. Shifflett
110 Double Church Road
Stephens City, VA 22655
Pro ertv# 75-A-52 53A
Name Co. of Frederick
107 N. Kent Street
Winchester, VA 22601
Property # 75--A-54
Name
Property #
Name
Property #
Name
Property #
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AMENDMENT
Action:
PLANNING COMMISSION: Recommended Approval on October 7, 1998
BOARD OF SUPERVISORS: Approved October 26, 1998
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Rezoning #014-98 of Gregory Investments
WHEREAS, Rezoning Application #014-98 of Gregory Investments was submitted to rezone .149
acres (6,502 sq. ft.) from RP (Residential Performance) to B2 (Business General). This property is
located on the west side of Aylor Road (Rt. 647) at the intersection of Aylor Road and Double
Church Road (Rt. 641), and is identified with Property Identification Number 75-A-51 in the
Opequon Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 1998;
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October
26, 1998; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change .149 acres (6,502 sq. ft.) from RP (Residential Performance) to B2 (Business General) as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PDRes #26-98
This ordinance shall be in erect on the date of adoption.
Passed this 26th day of October, 1998 by the following recorded vote:
James L. Longerbeam, Chairman
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
0:\Agendas\REZONE\RESOLUIN\Gregorylnveslments.RES
Aye
Richard C. Shickle
Aye
Aye
Margaret B. Douglas
Aye
Aye
Robert M. Sager
Aye
A COPY ATTEST
Frederick County Administrator
REZONING REQUEST PROFFER
Property Identification Number 75-((A))-51
Opequon Magisterial District
RALPH S. & CARLOYN P. GREGORY
Preliminary Matters
Pursuant to Section 15.2 — 2296 et. sea., of the code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application # d f4'QQ for the rezoning of 6,502 square
feet from Residential Performance (RP) to Business General (B-2) Zoning District,
development of the subject property shall be done in conformity with the terms and conditions
set forth herein, except to the extent that such terms and conditions may be subsequently
amended or revised by the applicant and such be approved by the Frederick County Board of
Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then
these proffers shall be deemed withdrawn and of no effect whatsoever.
Building and Structures
No structures will be constructed on the 6,502 square feet rezoned to B-2.
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,
PROPERTY OWNER:
By:
By: Date: r ,t) C.
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this J dtj� day of dep r-i 1998, by
y commission expires y-'3 o- 0 2-
Notary Public _� ),' Q LMC,.:_ V Al &111 tlt
STATE OF VIRGINIA, AT LARGE
FREDERICK COUTNY, To -wit:
The foregoing instrument was acknowledged before me this I ptG day of i e �, �t 1998,
bye rn P • &Lt-' 9
My co 's ion expires
Notary Public Al" cr11 �1 .
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• List and Briefly Describe All Structures on the Property. Note any Major Additions or
Alterations. (Attach additional paper if necessary):
► List any significant events, personage and or families associated with property.
Historic Plaques awarded by the Frederick County Historic Resources Advisory Board acknowledge
the architectural and historic integrity of the structure(s). Plaques remain the property of the County
and will remain in the possession of the property owner as long as the structure(s) retain 75% of their
historic fabric and configuration. I submit this application in good faith and understand that by
signing this application that I have given the HRAB permission to visit my property while they are
evaluating the structure(s) for the approval/disapproval of application for designation as Historically
Significant.
Signature of applicant/owner FILE: U:\ERIC\COMMON\B AB\APPLICA.51
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Rezoning Comments
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
E
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the County
Attorney's office with their review. Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
Applicant's Name
Mailing Address
S.M. Gyurisin
Telephone: 54 0- 667 - 2139
G.W. Clifford & sssociates, Inc.
200 N. Cameron Street
Winchester, VA 22601
Location of property: at the intersection of Route 647 (Aylor Road) and Route 641
(Double Church Road) on the west side of Aylor Road along I-81.
Current zoning: RP
Zoning requested: B-2
6=a90: r,5o2 square feet
County Attorney's Comments:
Assistant County Attorney's /2
Signature & Date:
Notice to Co. Zntv Attorney -:Please Return: This Form to the Applicant
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Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
P.O. BOX 278
Edinburg, Virginia 22824-0278
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
1550 Commerce Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Virginia Department of Transportation with their review. Attach three copies of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Name: S.M. Gyurisin
Telephone: 540-667-2139
Mailing Address: G.W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, VA 22601
Location of property: at the intersection of Route 647 (Aylor Road) and
Route 641 (Double Church Road) on the west side of Aylor Road along I-81
Current zoning: RP
Zoning requested: B-2
6502 Sq. feet
Virginia Department of Transportation Comments:
No objection to rezoning of this property. Before development, this office
will require a complete set of construction plans detailing en rance designs,
drainage features, and traffic flow data from the I.T.E. Trip Generation
Manua!, Sixth Ediftiun fu-L Leview- VDOT- feserves the right te eoFnFnent an
all right-of-way needs, including right-of-way dedications, traffic signalization
and nffg;+Pr_nadway improvements and drainage 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.
VDOT Signature & Date: �� Transportation Engineer 09/11 /96
i
Notice to VDOT - Please Return Form to Applicant
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Rezoning Comments
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Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Administration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Public Works with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: S .M. Gyurisin
Mailing Address:
Location of property:
Telephone: 540-667-2139
G.W. Clifford & Associates, Inc.
200 N. Cameron STreet
Winchester VA 22601
intersectionof Route 647 (Aylor Road) and Route 641
(Double Church Road) on the west side of Aylor Road along I-81
Current zoning: RP Zoning requested: s-2 n�izec^r��: 6502 SQ. Feet
5
Department of Public Work's Comments:
W sl dry AIC2 Grm-�- �.�" r' �i'�-e W e V.- i
b'eedy,--
Signature & Date:
Public Works Sim
I
Notice to Dept. of Pu c Works - Please Return This Form to the Applicant
21
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E
Rezoning Comments
.... .. . .. .. ..
.... .. ... . ..... .
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
b ih-: h
ii-iffirth oft as accurately possible
Applicant: Please fill out.. -as* e-
.. .... . ..... .. ..... ...... ..
Attach a copy of t M.)
Sanitation Authority with their review.:: application -ffir location
map, profferstatement; and an ... y` oither-Pertinen Iniormati6n.*
. .... ..... .......
... . ....... .
Applicant's Name:. S.M. Gyurisin Telephone: 540-667-2139
Mailing Address:
G.W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, VA 22601
Location of property: at the intersection of Route 647 (Aylor Road) and Route 641
(Double Church Road) on the west side of Aylor Road along 1-81.
Current zoning- RP — Zoning requested: B-2 Aere$ge: 6502 sq. Feet
Sanitation Authority Comments:
,VD 1/14/1 7�/,? -� 5.E t4l 1,,X44
Sanitation Authority Signature & Date:
No ... tice to Sa, ffiority.�-� Please Return'-T.Iiis Vo::.i-m to the* Appli*�aftt
. ......... .......... ...... ........ . ........ . ...... ...
25
Impact Analysis Statement
Ralph S. and Carolyn P. Gregory property
75-((A))-51
6,502 square feet (0.1492 acres) Residential Performance (RP) to Business General (B2)
A. Suitability of the Site: There are no site constraints or features or
hazards associated with this site. The site contains no flood plains,
wetlands, steep slopes, mature woodlands, and prime agricultural
soils or soils or bedrock conditions that will create hazards.
B. Surrounding Properties: The adjoining properties are vacant
commercial and residential to the north, Aylor Road to the east with
residential homes on the east side of the road and I-81 to the
immediate south and west. The distance to the residences on the east
side of Aylor Road is approximately 100 feet. Since there are no
structures planned for the property to be rezoned to 132 the potential
for impacts in minimal. A portion of the property will be used for
access and parking. Impacts from possible headlight glare will be
minimized with site development planning required landscaping and
parking space placement.
C. Traffic: The 6,502 square feet to be rezoned will contain no
structures. No traffic will be generated in association with this
rezoning.
D. Sewage Conveyance and Treatment: The 6,502 square feet to be
rezoned will contain no structures. No sewage conveyance or
treatment is required.
E. Water Supply: The 6,502 square feet to be rezoned will contain no
structures. No water supply is required.
F. Drainage: The 6,502 square feet to be rezoned will contain no
structures. There are no streams or major drainageways impacted by
the rezoning. Site development planning will address future drainage
associated with adjoining development. A portion of the property to
be rezoned may be used for access, parking and landscaping.
G. Solid Waste Disposal Facilities: The 6,502 square feet to be rezoned
will contain no structures. No solid waste will be generated as a
result of the rezoning.
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Impact Analysis Statement
Ralph S. and Carolyn P. Gregory property
75-((A))-91
6,502 square feet (0.1492 acres) Residential Performance (RP) to Business General (B2)
H. Historic Sites and Structures: The 6,502 square feet to be rezoned
contains no historic sites or structures.
I. Impact on Community Facilities: The 6,502 square feet to be
rezoned will contain no structures. There are no local revenues that
would be generated or cost of services associated with rezoning the
property to B2.
i • •
THE INFCRMATIJh -WN =REJNS BASEi J, -r• -_ _
FIELC SURVEY COM='_E, L FESmjAR` 9. 1998.
'_. BOUNDARY INFORMATION SHOWN IS TAKEN FROM BOUNL-=
SURVEY DATED JUNE 3, 1991- AND REVISED FEBRUARY =:. -98
BY FURSTENAU SURVEYING, STEPHENS CITY, VIRGINIA.
3. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATE-- -ROM
FIELD SURVEY INFORMATION, ATLAS MAPS AS MAY BE AV" -_ BLE R�u
FROM MUNICIPALITIES OR UTILITY COMPANIES, AND EXISTIN,_
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UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH c TILIc ES O� ✓\,\M
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61502 square feet requested to be rezoned from RP to B2
Print Key Output Page 1
5716SS1 V3R7M0 961108 FRCK40 09/10/98 16:03:40
Display Device . . . . . XD
User . . . . . . . . . . ESR
Date: 9/10/98 Cash Register: COUNTY OF FREDERICK Time: 16:03:36
Cashier: EVELYN S. RUTHS Account#: 000024104 Cust.Transactions:
Trans. Type: PAY Dept/Bill#: RE1998 00114820001 P/I Date: 9/10/1998 9/10/1998
Name: GREGORY, RALPH S & CAROLYN P Bill Date: 6/05/1998 Half: 1
Name 2:
Address: Map#: 75 A 51
101 CARTER PL MMMMMDDSSLLLLS
WINCHESTER, VA Acreage: .83
Zip: 22602 - 6428 Mortg.Co.:
Desc: .83 ACRE SSN: 000 - 00 - 0000
000 - 00 - 0000
Status:
Land: $26,000 Improve: $0 Use: $0
Original Bill: $76.70 Payments: $76.70 Discount: $.00
Penalty Paid: $.00 Int Paid: $.00 Last Date: 6/09/1998
Payment History Inquiry
Date Type Drawer Trans# Check Number Trans. Amount Balance
6/05/1998 CHG $76.70 $76.70
6/09/1998 PAY CJO 19559 MARA 2169 $76.70CR $.00
F3=Exit History Inquiry F13=Comments/Value/Refund Reason
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WW" • JO►WETON
ATTORNM AT UAW
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THIS DEED OF GfiW 10 QA5 0 Z / day of A'&--. ( , 1995,
between Ralph S. Gregory aul Carolyn P. Gregory, his wife, of
the one part, hereinafter called the Grantors; and Ralph S.
Gregory and Carolyn P. Gregory, also known as Carolyn Page
Gregory, his wife, of the other part, hereinafter called the
Grantees.
WITNESSETH: That for and in consideration of the sum of
One Dollars ($1.00), cash in hand paid and other valuable
consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with General Warranty and with
English Covenants of Title, unto the Granteen, as tenants in
common, in fee simple, (each being the owner of an undivided
one-half (1/2) interest) together with all rights, rights of
way, privileges and appurtenances thereto belonging, all of the
following tracts of land:
TRACT ONE: All of that certain tract or
parcel of land lying and being situate in Opequon
Magisterial District of Frederick County,
Virginia, bounded on the Northwest by Interstate
Route 81, on the Southwest by State Road No. 641,
on the Southeast by Macedonia Road, and on the
Northeast by land now or formerly owned by Paul
and Belva Shiflett; and being the same property
convey to the Grantors herein by Grover L. Leight
and wife by deed dated October 31, 1966 and
recorded in the Clerk's Office of the Circuit
Court of Frederick County, Virginia in Deed Book
327, at Page 508.
TRACT TWO: All of that certain strip of
land, containing .20 Acre, more or less, lying
along the East side of Interstate Route 61 in
Opequon Magisterial District of Frederick County,
Virginia, as more particularly described in the
hereinafter referenced source of title deed; and
being the same property conveyed to the Grantors
herein by Commonwealth Transportation Comminsioner
by deed dated October 23, 1987 and recorded in the
aforesaid Clerk's Office in Deed Book 664, at Page
675.
TRACT THREE: All of that certain lot or
parcel of land, containing one-fourth (1/4) acre,
more or lees, lying and being situate along the
WUSON l JOHNSTON
ATTCO Y2 AT LAW
IMNCIESTEA, VMIOMIA
6K83Pj^088I
Eastern side of Main Street in Stephens City,
Opequon Magisterial district, Frederic',, County,
Virginia, and oeing the same property conveyed to
the malc Grantor herein by Robert. E. O'Neal and
,7oseph A. Macniv, Jr., Special Comm inn0Iuers in
Chancery, by deed dated May 20, 1970 and recorded
in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 366, at
Page 173.
TRACT FOUR: All of that certain lot of lari('.
lying and being situate at the Southeast corner of
the intersection of Carter Drive and Meade Drive
in Shawnee Magisterial District, Frederick County,
Virginia, fronting on Carter Drive a distance of
110 feet and oil Meade Drive a distance of 140.1
feet, designated as Lot No. 14 on the plat of
Rolling Fields Subdivision dated January 9, 1964,
prepared by Richard U. Goode, C.S., of record in
the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 302, at
Page 682; and being the same property conveyed to
the Grantors herein by Michael N. Lampkin and wife
by deed dated May 31, 1972 and recorded in the
aforesaid Clerk's Office in 7)eed Book 391, at Page
507.
TRACT FIVE: All that certain lot or parcel
of land situate in Stephens City, Opequon
Magisterial District, Frederick County, Virginia,
fronting 79 2/3 ft., more or less, on the east
side of South Main Street, and running back 267
ft., more or less, to Mulberry Street, and
described in a deed recorded in the Clerk's Office
of the Circuit Court of Frederick County, Virginia
in Deed Book 148, at Page 568 as containing about
1/2 Acre; LESS a piece of land conveyed to M. G.
Smith by Zena B. Wine, Widow, by deed dated
February 4, 1927 and recorded in the aforesaid
Clerk's Office in Deed Book 155, at Page 288,
described therein as "all that certain lot
improved by an Opera House situate on the east
side of the Valley Turnpike in the Town of
Stephens City, Virginia, beginning at the
intersection of this property with the property
now or formerly owned by H. J. Frazier, and
extending back along the Frazier line in an
easternly direction a distance of ninety three
feet (93 ft.), thence in a southernly direction in
a line parallel with the Valley Turnpike thirty
one feet and six inches (31 ft. 6 in.), thence in
a westernly direction in a line parallel with the
first line above mentioned a distance of ninety
three feet (93 ft.) to the said valley Turnpike,
thence in a northernly direction with the line of:
the said Turnpike thirty one feet six inches (31
ft. 6 in.) to the beginning"; and being the same
property conveyed to the Grantors herein by
Orville C. Wine and wife by deed dated February 4,
2 -
0K836FIG 0882
1971 and recorded in the aforesaid Clei;c's Office
in Deed Book 469, at Page 457.
PARCEL SIX: All of that certain lot or
parcel of land lying East of U. S. Route 11 in the
Town of Stephens, City, Opequon Magisterial
District, Frederick County, Virginia, and more
I particularly described by survey drawn by 11. Bruce
Edens, C L.S., dated July 2, 1985, as containing
3.190 Acres which plat is of record i., the Clerk's
Office of the Circuit Court of Frederick County,
Virginia in Deed Book 597, at Page 527; and being
the same property conveyed to the Grantors herein
by James W. Golladay, Jr. and Douglas M. Swift,
Jr., Partners, t/a J & D Associates, a Virginia
partnership, by deed dated December 15, 1986 and
recorded in the aforesaid Clerk's Office in Deed
Book 634, at Page 706.
PARCEL SEVEN: All of that certain lot or
parcel of land lying and being situate on the
Southeast side of U. S. Highway No. 11 in the Town
of Stephens City, Opequon Magisterial District,
Frederick County, Virginia, containing 1.2519
Acres, more or less; and being the same property
conveyed to the Grantors herein by James W.
Golladay, Jr., et al, partners, t/a Newtown
Associates, a Virginia partnership, by deed dated
December 15, 1986 and recorded in the Clerk's
Office of the Circuit Court of Frederick County,
Virginia in Deed Book 634, at Page 708.
PARCEL EIGHT: All of those certain tract or
parcels of land located about one-half mile North
of Middletcwn in Opequon Magisterial District,
Frederick County, Virginia, and more particularly
described as follows:
Tract 1: A five (5) Acre tract,
more or less, on the North of Mill Road
No. 634, leading from U. S. Highway 11
at John Jenkins Place to said property.
This property is bound on the East by
the Baltimore & Ohio Railroad; on the
North and West by the property of John
Jenkins, and on the South by public road
634;
Tract 2: All of the remaining
property described in and conveyed to
the Grantors by the hereinafter
referenced source of title deed;
WRSON a JOH"ToN I and being the same property conveyed to the
ATTOAW"Af Uw Grantors herein by J. David Headley and wife by
wpU[trTR Vow~
- 3 -
BK836PGO883
deed dated March 8, 3.990 and recorded in the
Clerk's Office of the Circuit Court of Frederick
County, Virginia in Deed Book 740, at Page 474.
PARCEL NINE: All of that certain lot or
parcel of land lying and being situate on the East
side of Main Street in the Town of Stephens City,
Opequon Magisterial District, Frederick County,
Virginia, improved by a building designated 5364
Main Street, fronting 43 feet on said Street, and
extending back to the East a uniform width to a
back street in the rear; and being the same
property conveyed to the male Grantor herein by
Lorraine Orndorff, Executrix of the Estate of
Larry W. Clem, by deed dated October 4, 1991 and
recorded in the Clerk's Office of the Circuit
Court of Frederick County, Virginia in Deed Book
766, at Page 1546.
PARCEL TEN: All of that certain lot of land
situate on the East side of the Valley Turnpike in
the Town of Stephen3 City, Frederick County,
Virginia and more particularly described as
beginning at the intersection of this property
with the property formerly owned by Frazier, and
extending along Frazier line in an Easternly
direction for a distance of ninety-three (93)
feet, thence in a Southerly direction in a line
parallel with the Valley Turnpike, for a distance
of Thirty-one (31) feet, six (6) inches, thence i
a Westerly direction in a line parallel with the
Frazier line above mentioned for a distance of
Ninety-three (93) feet, to the Valley Turnpike,
thence in a Northerly direction in the line of the
Valley Turnpike, Thirty-one (31) feet, Six (6)
inches, to the point of beginning; and being the
same property conveyed to the Grantors herein by
J. Lee Gregory and wife by deed dated July 25,
1969 and recorded in the Clerk's Office of the
Circuit Court of Frederick County, Virginia in
Deed Book 356, at Page 657.
g signatures and seals:
(SEAL)
Ralp S. Gregor
0
W11110001 a JOHN3TON
ATTOODIM AT LMV
VANCKSTEK VWK~
BK8 36 FIG 0 a a 4
O.t f
Carolyn P. Qregory Q
STATE OF VIRGlNIA, AT LARGE,
CITY/GAY OF
:, Y��aO_ To -wit: I
The foregoing instrument was acknowledged before m�! this
day of Aj,AP 1995, by Ralph S. Gregory and
Carolyn P. Gregory, his wife.
My commission expires -7-Z7-(,j J ZY -7
Notary Public
'S
VIRG"k FREDERICK 00UNW, SCY.
Th In rument of writing was prod to me on the
06?
I day ,, C'-;i I*L at
and with cer'[Jellra of -.1 ft,,jrsto annexed
W" Mdlirultstl to reL,fcf. Tvc impL-svd j 6-ic. 58.1-602 of
and 58.1-80I have been pall, If "***"b*
CWk
- 5 -
I
! •
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
INI07Ir"ICArIO! I OF PUBLIC rlEARU Ir
October 13, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #014-98 OF GREGORY INVESTMENTS
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on
October 26, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at
107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Gregory
Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business
General). This property is located at the intersection of Aylor Road (Rt. 647) and Double Church Road
(Rt. 641) on the west side of Aylor Road and along 1-81, and is identified with Property Identification
Number 75-A-51 in the Opequon Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Handley Library, or the Department of Planning and
Development located at 107 North Kent Street in Winchester, VA.
Sincerely,
Evan A. Wyatt
Deputy Director
EAW/cc
OAAgendOADJOINE RMEGORY. REZ
107 North Kent Street o Winchester, Virginia 22601-5000
This �s to certify that the attached correspondence was mailed to the following on
l C- / 4 /2 ! z from the Department of Planning and Development, Frederick
County, Virginia:
75 - A - 52, 53A
Ray M. & Linda J. Shifflett
110 Double Church Road
Stephens City, VA 22655
75-A-49
Roger L. & Deborah K. Mogle
810 Aylor Road
Stephens City, VA 22655
75 -A- - 51-
GREGORY, RALPH S & CAROLYN P
101 CARTER PL
WINCHESTER,VA 22602.6428
75 - A- - 48-
DEMPSTER, ROBERT B & SUSAN C
423 WESTMORELAND DR
STEPHENS CITY, VA 22655-2559
STATE OF VIRGINIA
COUNTY OF FREDERICK
75 - A- - 47-
GEORGE WASHINGTON HOTEL CORP.
CIO THOMAS G SCULLY, JR
603A S LOUDOUN ST
WINCHESTER, VA. 22601-4643
74B - 4- A- 1-
HOOVER, ROBERT L
107 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655.2781
Gilbert W. Clifford & Assoc.
Attn: Steve Gyurisin
200 N. Cameron Street
Winchester, VA 22601
-L d'
V, Evan A. Wyatt, eputy Director
Frederick Co. Planning Dept.
I, &AbRnn�` ( , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Departruent of Planning
and Development, whose name is signed to the foregoing, dated I O • v3- h , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of G2 _ (^ 0%
My commission expires on Fcb(mu a8. IG�i8
- I �-L)16D
ARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
l I J1'IFICAVICA I OF PUBLIC i-IEARI! Ir'
September 23, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #014-98 OF GREGORY INVESTMENTS
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on
October 7, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at
107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Gregory
Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business
General). This property is located at the intersection of Aylor Road (Rt. 647) and Double Church Road
(Rt. 641) on the west side of Aylor Road and along I-81, and is identified with Property Identification
Number 75-A-51 in the Opequon Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Handley Library, or the Department of Planning and
Development located at 107 North Kent Street in Winchester, VA.
Sincerely,
Evan A. Wyatt
Deputy Director
EAW/cc
OA\Agendas\ADJOIN ER\GREGORY.REZ
107 North Kent Street - Winchester, Virginia 22601-5000
This is to certify thalothe attached correspondence was ailed to the following on
% k from the Department of Planning and Development, Frederick
County, Virginia:
75 -A- - 51-
GREGORY, RALPH S & CAROLYN P
101 CARTER PL
WINCHESTER, VA 22602.6428
75 - A- 79.E 75- A 4�
�E;-TAf}SFFffTE$tlltf=fiAt� —
= L. r D r 8ocr K .
��S-KE-R-R-D `,1 f' • .
STEPHENS CITY, VA 22655-2319
75 - A- - 48-
DEMPSTER, ROBERT B & SUSAN C
423 WESTMORELAND DR
STEPHENS CITY, VA 22655-2559
75 - A- - 41-
GEORGE WASHINGTON HOTEL CORP.
CIO THOMAS G SCULLY, JR
603A S LOUDOUN ST
WINCHESTER, VA. 22601-4643
Gilbert W. Clifford & Assoc.
Attn: Steve Gyurisin
200 N. Cameron Street
Winchester, VA 22601
74B - 4- A- 1-
HOOVER, ROBERT L
107 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655.2781
Evan A. Wyatt, D uty Director
Frederick Co. Pl ing Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,LoVn�nn M I I a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A Wyatt, Deputy Director, for th De art ent of Planning and
Development, whose name is signed to the foregoing, dated - �N'I ' has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this ( day of o18
My commission expires on lqq q
-- NOTARY PUBLIC
i ord &
gfilbert w clff associates, inc.
200 N. Cameron .Street
Winchester, Virginia 22601
540-667-2139 Fax:540-665-0493
e-mail: gwclif�a,mnsinGcom
To: Frederick Co. Dept. of
107 N. Kent Street
Winchester. VA 22601
We are sending you
x I Hand Delivered
Shop Drawings
Copy of Letter
x0 Attached
❑ Change Order
Prints
❑ Plats
LETTER OF TRANSMITTAL
Present Date Job No.
09-11-98
Attention: Evan Wyatt
Re: Rezoning ADDlication — Gregory
Under Separate via
❑ Samples
Plans
the following items
❑ Specifications
l Other
Copies
Date
Description
1
09-11-98
Rezoning Application w/ check for $610.00
x� Are Transmitted Approved/Submitted
x� For Approval 0 Approved/As Noted
El For Your Use 0 Return/Corrections
0 As Requested
0 For Review or Comment
aFor Bids Due
Remarks Fees: 550.00 Base
35.00 1 Acre
25.00 Sign
$610.00 Total Fee
Copy To:
iE,
a Resubmit for Approval
0 Submit for Distribution
0 Returned Corrected Prints
0 Loan Print/Return
Return/with Signatures
Signed Stephen M. Gyurisin
Rev 3.0
3/10/97