HomeMy WebLinkAbout133-73 Cavalier Scottish Inns, Inc. (B-2) - BackfileN O .
DATE
/-)
Application
FREDERICK COUNTY
for Rezoning...
VIRGINIA
TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA:
I (we), the undersigned, do hereby respectfully make application and petition the Governing
Body to amend the Zoning Ordinance and to change the Zoning Map of Frederick County,
as hereinafter requested, and
in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at the in .ers 1hi on of II_ S . Tn , rntatc
way 31 and Route 627, at 'he Noorrthi•rest quadrant (a plat Df s-aiidlbi��he
property hasp 3dffRo been suer ted), , „ c �. It has a
frontage of feet and a depth of feet.
2. The property sought to be rezoned is owned by:Arthur Rees Cooley, et alp and leased
by Cavalier Scottish Inns, Inc. (as more fully set out in the rezoninghp
as evidenced by deed from why ch has heretofore been fi led, a copy of z•rhich is
attached hereto. This is a_portion of the property acquired from Stanley i,i.
recorded in Book , rage , Registry of Town of
Cooley, et al, recorded in Deed Book 232, at Page 53, in the Frederick County
Clerk' s Office.
3. It is desired and requested that the foregoing property be rezoned
FROM TO
A-2 - Agricultural General L-2 - Lusiness Ldr:dted
4. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear, and the property in front of (across street from)the property sought to be
rezoned:
NAME STREET ADDRESS
(a)Stuckey's Incorporated located adiacent to and East
(b)NIiddletown, Virginia of the subject property
(c) _Arf:Ynir ppq rnolear (nnP of +.nn a=1 i can-(s) proUerty located adjacent tC
(d) Middletown, Virginia and north and west of the
(e)
(f) Eldon R & Gretchen Lindsay )iddletown, Virginia
(g) P• a oim, Virginia (located across the street)
(h) Pure Oil Company, 111i.ddletown, Virginia
(i) 200 East Gulf Road located across the street
(Use reverse side if necessary and look up the names in the office of
in the Courthouse, if they are not known.)
5. It is proposed that the property will be put to the following use:
motel - restaurant facility - a conditional use permit has been granted
by the Board of Supervisors allowinrJ the construction of the motel facility
6. It is proposed that the following buildings will be constructed:
200 iaotel units and a restaurant facility
%. It is proposed that the following setbacks and offstreet parking provisions will be made:
set back and par_�ing provisions as sho?•m on the site plan which has
-oreviously been submitted
Artftur Eees Cooley an en Uooleyis wife
Vernon E. Cooley, single; Paul G. Cooley and
He en ottish I:.
g. Attached is a copy of a Vicinity Map. _ n Inc.
(Previously submitted)
�Bv 2ounsel
Address of Applicant
TO THE BOARD OF SUPERVISORS OF
This petition for rezoning property within the jurisdiction of the
of
was held on 5-1 3,
recommendations to the Governing
was received on
, a public hearing
and the Planning Commission wishes to make the following
Body.
PL NNING COMMISSION
By
Secretary '
ACTIO OF THE BOARD OF SUPERVISORS
On C < the Governing Body took the following action
on the attached petition for rezoning:�������
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BURR P. HARRISON
WILLIAM A.JOHNSTON
H. K. BENHAM III
BILLY J. T151NGER
THOMAS A.SCHULTZ,JR.
RONALD J. BROWN
ELIZABETH B. JOHNSTON
HARRISON S• JOHNSTON
ATTORNEYS AT LAW
WINCH ESTER,VIRGINIA 22601
GRAICHEN BUILDING
P. O. BOX 809
June 7, 1973
Mr. J. 0. Renalds, III
County Administrator of Frederick County
9 Court Square
Winchester, Virginia 22601
Re: Petition for Rezoning
Cavalier Scottish Inns, Inc.
Middleto-�m, Virginia
Dear Mr. Renalds:
Enclosed please find the Petition for Rezoning relating to
land located at the intersection of U. S. Interstate Highway 81 and
Virginia State Route 627, near Middletown, Virginia. The petition
sets forth the particulars involved.
Also enclosed please find our check in the amount of $80.00
to cover the filing fee.
Sincerely,
BJT: jam Billy If. Tisinger
r
TELEPHONE
AREA CODE 703
667-1266
HARRISON S JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
PETITION FOR REZONING:
To: The Honorable Supervisors of Frederick County, Virginia and
Members of the Planning Commission:
Your Petitioners, Arthur Rees Cooley and Ellen Cooley, his
wife; Vernon E. Cooley, single; Paul G. Cooley and Helen J. Cooley,
his wife, and Cavalier Scottish Inns, Inc., a Virginia corporati
respectfully petition the Board of Supervisors and Members of the
Planning Commission, as follows:
1. Your Petitioners, Arthur Rees Cooley and Ellen Cooley,
his wife; Vernon E. Cooley, single; Paul G. Cooley and Helen J.
Cooley, his wife, are the owners of a certain lot of land in
Opequon District, Frederick County, Virginia, situate on the
Northwest quadrant of the Intersection of U. S. Interstate Highway
.m
No. 81 and Virginia State Route No. 627, near Middletown, Virginia!,
containing 5.59 acres, more or less, according to a plat and
survey of H. Bruce Edens, C.L.S., dated March 20, 1973, which plat
is attached hereto, marked Exhibit A, and incorporated herein
by this reference. Said land is a portion of a larger tract of
land acquired by the Petitioners (Arthur Rees Cooley, et al), by
deed dated May 26, 1954, which deed is recorded in Deed Book 232,
at Page 68, in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia.
2. Your Petitioner, Cavalier Scottish Inns, Inc., has lease(
the subject premises from Arthur Rees Cooley, et al, by Land
Lease Agreement dated August 8, 1972, which Land Lease Agreement
is recorded in Deed Book 403, at Page 362, in the aforesaid
Clerk's Office. The lease is for a period of twenty (20) years
with the right of renewal for two (2) successive five (5) year
terms, the lease period beginning October 5, 1972.
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
3. Petitioners believe that the subject premises are zoned
Agricultural, General District A-2.
4. Petitioners are desirous of constructing and operating
a motel -restaurant business on the subject premises as per the
site plan which is attached hereto, marked Exhibit B, and
incorporated herein by this reference.
5. Petitioners allege that the development of the area in
question and particularly the recent rezoning of nearby parcels
of land and the traffic volume on the subject highways, has
rendered the subject premises unsuitable for use within those
described for Agricultural, General District A-2 of the Zoning
Ordinance of Frederick County, Virginia, but highly desirable and
suitable for commercial uses permitted by Business, Limited
District B-2, including a motel -restaurant business.
6. Petitioners allege that the subject premises are bounded
on the south side by Virginia State Route 627; on the west and
north sides by land owned by Arthur Rees Cooley, et al (Petitioner
in this matter); and; on the east, and adjacent to the subject
premises, by Stuckeys, Inc., a gift shop -restaurant business.
Petitioners further believe and therefore allege, that land
located on the northeast quadrant and the Southeast quadrant of
the intersection of the aforementioned highways has been zoned
District Business General B-2, to allow uses as permitted in said
district, including the construction and operation of a gasoline
filling station.
7. Petitioners respectfully submit their request that the
Frederick County Zoning Ordinance be amended and that the
Petitioners' land be rezoned from Agricultural, General District
A-2 to District Business General B-2, to include uses compatible
with such classification and with other commercial establishments
- 2 -
i
located in the immediate vicinity, to include the use of said
land as a motel -restaurant business.
8. Petitioners believe that said change would be in the
best interest of all concerned and in accordance with reasonable
sound zoning and land use practices.
9. Your Petitioners respectfully request that, in consideri
action on this matter, that in planning the public hearings to be
had upon this petition, consideration be given, if possible, to
holding a joint public hearing by both the Planning Commission and
the Board of Supervisors after proper advertisement. Your
Petitioners believe that such action is authorized under the
provisions of Section 15.1-431, Code of Virginia, 1950, as amended
and would eliminate one meeting, particularly the conclusion of
action on this matter, and allow construction of the motel -
restaurant facility for the summer tourist trade.
Respectfully,
Arthur Rees Cooley and Ellen Cooley,
his wife; Vernon E. Cooley, single;
Paul G. Cooley and Helen J. Cooley,
his wife; Cavalier Scottish Inns,
Inc.,
M
HARRISON E. JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
C o}1 s e
HAMRUSON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER,VIRGINIA 22601
BURR P. HARRISON
WILLIAM A-JOHNSTON
H. K. BENHAM III
BILLY J. TISINGER
THOMAS A.SCHULTZ,JR.
RONALD J. BROWN
ELIZABETH B. JOHNSTON
Mr. J. William Riley, III
Zoning Code Administrator of
Frederick County
9 Court Square
Winchester, Virginia 22601
GRAICHEN BUILDING TELEPHONE
P. O. BOX 809 AREA CODE 703
667-1266
June 20, 1973
Re: Cavalier Scottish Inns, Inc.
1,1iddletown, Virginia
Zoning Permit
Dear Mr. Riley:
As per your request, attached please find the forms which you
forwarded to us, to attach to our rezoning petition �vrhich we filed
with your office on June 7, 1973.
If any other action is required on our part, please so advise.
Sincerely,
BJT:jdf %� Billy J. Tisinger
Enclosures
---A /N / 3 3
. 4
.�reberirk Countu
Dkpar#men# of JjInnnin$ -tnb cT3ef1elopme11t
.1. WILLIAM RILEY. III
ZONING CODE ADMINISTRATOR
September 28, 1973
Hamilton Mortgage Corporation
6065 Rofwell Road, N.E.
Suite 135
Atlanta, Georgia 30328
RE: Cavalier Scottish Inns, Inc.
Frederick 'County, Virginia (Middletown)
Gentlemen:
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
At the request of Billy J. Tisinger, attorney for Cavalier
Scottish Inns, Inc., a Virginia corporation, this is to advise that the
property as shown on the attached survey by H. Bruce Edens, CIS, dated
September 11, 1972, is zoned District Business General, B-2, allowing,
as a matter of right, the construction of a motel and restaurant business
on the subject property. It is our understanding that the motel will
consist of initially 100 units and eventually 200 units.
JWR:skr
cc: Billy J. Tisinger, Esq.
Cavalier Scottish Inns, Inc.
Attachment
Sincerely,
.s
Ox, �
J. �lliam Riley, III
Zoning Code Administrator
703 - 662-4532
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Th, Obovt: Plat rcprf-bent., u surveN, of a portion of the land convc,,- i
to Arthur :ee moo I Ft 1 I , i-, dc(,,d rf•corde•d in tiie Frederick county
Court Clerks �-ff i ,�e i A Oo.l� .at
The said portion of I .,nd ,ant 5 the Dort hcast side of Va . i%'outc- 627
at .•liddletown, t'irc,ini..a and is ituated in District, Frederick
County, Vir(3inia and i:, ',,) :n.Jc:.l a:j follows:
ec� i nn i ny at an i run }: i n in t i,f: %ort..heust boundary I i ne of i�te . 627,
a corner to the I,ancl Ic..,S...i to tuckc:y's, Inc.; thence with the said line
of \tc . h`_' for flit- t,,(, t i) I I o.v i n , courses w I th the Arc of a curvf2 to
the r u ' `v to a concrete
_l' ✓`
monument at the I .I.; t1,• rrc, ^.c:j°j�'3`"�� - "46.37' to an iron t;in, a corner
to Coolcy's of-he.r th(-nct- wits, two nv." di,. Iz;Ion I Ines H rouch the
land of Coo I ey as f o I I (-,ws : '42`'0,5' 44"E - 61 1 .40' to an iron E:) i n; thence
S33`41 ' 33"L - 425.46' to ar iron E� oil, a corner to thc- land l easf--d to
-)tuckey's, Inc.; ti•enct: wit1, , 1 ine ol- th,, s,jiJ land leased to >tuckey's,
Inc., ia1.to thc: i,cuinninc,.
unto i rti i nc� .5. ;;98 „crc:s
urvf y1972
W;fL i$3t8i. Va.