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Application for Rezoning...
FREDERICK COUNTY, 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, Virginia 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 3aes3; side of Route 728 and,
the south side of Route 50 East of Winchester at itF eint-ersects
between Street and Street on the
side of the street and if�il 20 acres mOf has or
4 b 5. 41 1219. 6 fro xoute 50
frontage of feet and a depth of feet.
2. The property sought to be rezoned is owned by: Spectrum Properties, Inc.
as evidenced by deed from W. W. Edmonson to Spectrum Properties, Inc.
recorded in Book 426 , Page 713, Registry of County of Frederick
3. It is desired and requested that the foregoing property be rezoned
FROM TO
Ml (Industrial, limited) M2 (Heavy Industry)
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
WO. Lee Garber Box 506, Winchester, Va.
(b)Spectrum Properties, Inc. Rt 6, Box 106-1A, Winc., Va.
(c)Spectrum Properties, Inc. Rt 6, Box 106-1A, Winc.,Va.
(d)Panorama Realty 1204 East Main St. , Luray, Va.
(e)Perry Engineering Co., Inc. Box 439, Winchester, Va.
(f)
(g)
(h) _
(i)
(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:
For the proposed construction of a complete resourc
recovery plant and for an air freight trucx terminal
6• It is proposed that the following buildings will be constructed:
In accordance with the Frederick County Zoning Ordinance;
a resource recovery plant and an air rreight truck
terminal.
7. It is proposed that the following setbacks and offstreet parking provisions will be made:
In accordance with the Frederick County Zonina Ordinance.
8. Attached is a copy of a Vicinity Map. r SignAture of Applicapt
Rex /01, fA
Address of Applicant .21 601
TO THE BOARD OF SUPERVISORS
This petition for rezoning property within the jurisdiction of the
of
was received on
, a public
was held on — b — � and the Planning Commission wishes to make the following
recommendations to the Governing Body.
NQ T Q LIES
PL,ANNING ISSION
By -
Secretary
ACTIr OF THE BOARD OF SUPERVISORS
On / the Governing Body took the following action
on th attached petition for rezoning:
SPECTRUM
PROPERTIES, INC.
Land and Estate Brokers
ECONOMIC IMPACT STUDY
In accordance with the rezoning policies of the
Frederick County Planning Commission, the following
facts are submitted for assistance in granting a
rezoning of 20 acres in Frederick County, Virginia
from Ml to M2 in the Winchester Air Park.
DESCRIPTION:
20 Acres, more or less, located at the intersection
of U. S. Route 50 and Route 728. This 20 acre tract
fronts along Route 728 for approximately 1219 feet
and fronts on Route 50 for approximately 465 feet.
All contiguous land is owned by Spectrum Properties,
Inc. and is presently zoned Ml. A seven acre parcel
owned by Panorama Realty lies due west.
No improvements exist.
PURPOSE OF REZONING:
To provide the citizens of Frederick County and
the city of Winchester, a complete resource recovery
plant.
Also to provide an air freight truck terminal
in the vicinity of the Winchester Municipal Airport
to serve the airport and all that use its services.
SERVICES:
(A) The resource recovery plant will not only
provide employment opportunities but also a recycling
plant that can benefit our environment and increase
the life of our present landfill system many years.
(B) The air freight truck terminal will provide
services to and trom our local airport to be used by
businesses and industries for air transport of products.
Berryville Office Front Royal Office Luray Office Winchester Office
Berryville, Va. 22611 Front Royal, Va. 22630 Luray, Va. 22835 Winchester, Va. 22601
703 955-3344 703 635-7171 703 743 4411 703 667-2400
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Waste Reduction, Inc., proposes to build a prestressed concrete structure
which will be completely pollution -free. The plant will be a resource recovery
facility, with the idea in mind to recover reusable items from the solid waste
stream. The entire process will take place inside the building, including the
dumping of trucks. Separation will be done in several ways, including manual
and mechanical. Solid waste will not be stored in this facility for longer than
an eight -hour period.
After the separation has been performed, the remainder will be milled in a
Heil pulverizing unit, compacted and immediately transferred to the landfill.
After the refuse has been milled, it becomes odorless, will not house rodents
and is reduced in size to particles of 3" or less. Therefore, this process does
not require burning and is free of all types of pollution.
. , iI I I<1 1 11 1<1, r, 1' i I. 1"
WINC1I1.tji1_U, VM(INIA 226M IICKLA NO.
D CODE (121 - 07- - 2 72 - 00
-- DESCRIPTION
VALUE
RATE
TOTAL TAX
EDMONDSON, W. W. EST.
74203.70
274.54
1?4�_Kt- S 1 O6.;oti
TOTAL
TAX,
27 t.5�r
��� � t
274 54
'� 11�\ .TOTAL TAX DUE •
EDMONDSON • i'r�• W. . ? �." ��� v PENALTY
i b LE-ROY EDMONDSON �"� GO��\ INTEREST
ROUTE 5
WINCHESTER, VA. 22.601 eae TOTAL DUE
DATE DUE I)CC• 5, 197�
DOROTHY B. KECKLEY, TREAS.
I
Said property hereby conveyed shall be subject to the following
restrictions and covenants:
(1) There shall be no dumping or open stockpiling of appliances,
imachinery, equipment or junk or disabled motor vehicles of any type.
(2) There shall be no dumping or open accumulation of trash,
i
garbage of other wash- materials.
(3) No nuisance shall be permitted nor maintained on said property.!
!I The above covenants shall run with the land and shall be binding
t.
upon all subsequent owners and enforceable by the Grantors and all
I
subsequent ow aers of the property of which this property is a part thereof.
J. R. NICELY
CERTIFIED LAND SURVEYOR
113 WEST BOSCAWEN STREET
WINCHESTER, VIRGINIA 22601
703 - 662-1076
METES AND BOUNDS DESCRIPTION OF A PORTION OF THE LAND OF SPECTRUM PROPERTIES, INC.
BEGINNING at a point in the south right of way line of U.S. Route 50,
a variable width R/W, 2.2 miles moreorless east of Winchester; thence,
with the R/W, 3 courses S 28° 52' 35" E 404.08 feet, to a Virginia Dept.
of Highways monument; thence, S 3° 39' 07" W 84.41 feet to a V.D.H. mon—
ument; thence S 64° 00'00" E, 15.00 feet, to the center State Route 728,
a 30 foot prescriptive easement; thence, with Route 7287 S 44° 00' 13" W,
1199.99 feet; thence 3 new division lines through the land of Spectrum
Properties N 29' 36, 011, W, 922.99 feet; thence,N 60° 23' 59" E, 774.55
feet; thence, N 730 03' 52" E, 434.36 feet to the beginning containing
20.00 acres lying and being situated in Shawnee District, Frederick
County, Virginia.
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THIS DEED made and dated this 12th day of April, 1974, by and between
II William Earl Edmonson and Doris N. udmonson, his wife, and Leroy Washington
I
II Eumonson and'Brownie C. Eumonson, his wife, all parties of the first part.
and Spectrum Properties, Inc., a Virginia Corporation, party of the second
part.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable consioerac.on, the
1 receipt of all of which is hereby acknowleuged. the said parties of the first
part do hereby grant, sell, and convey, with general warranty of title, unto .
the party of the second part, its successors and assigns, all that certain
i
tract or parcel of land containing 104.897 acres, more or less, together
with all improvements and appurtenances thereto belonging, lying and being
situate along the Western side of U. S. Highway No. 50, and the Northern s de
of Virginia StaLe Secondary Highway No. 726, about three miles Southeast of
I
Winchester, in Shawnee District, Frederick County, Virginia, and being the
same land referred to, and described in, that certain deed from Clarence W.
Shiley to said William Earl Edmonson and Leroy Washington Edmonson, bearing
date of September 18th, 1972, and of record in the Clerk's Office of the
I
Circuit Court of Frederick County, Virginia, in Deed Book No. 396, page 357.
i
A plat and metes and bounds description of the within conveyed land made by
1
J. R. Nicely, Surveyor, is attached to, and by this reference incorporated in, j
this deed.
It is expressly stipulated that said land is conveyed subject co all
applicable, or legally enforceable, easements, if any, of record affecting
same.
Except as noted above the aforesaid grantors covenant that they have
the right to convey the said land to the aforesaid grantee; that the said
grantee shall have quiet possession of the said land, free from all encum-
brances; that they have done no act to encumber the said land; and that they
will execute such further assurances of the said land as may be requisite.
Witness the following signatures and seals.
(Seal)
William Earl Edmonson
Doris N. Edmonson
LARGENT. ANDERSON
& LARRICK
ATTORVRYB AT LAW
HSVCIIR/TER. VIROINIA
TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF FREDERICK
COUNTY, VIRGINIA:
IN RE: APPLICATION FOR REZONING OF SPECTRUM PROPERTIES, INC.
FOR A PARCEL OF LAND LOCATED AT THE WEST SIDE OF ROUTE
728 AND SOUTH SIDE OF ROUTE 50 EAST OF WINCHESTER AT
INTERSECTION
STATEMENT OF PERRY ENGINEERING COMPANY, INC.
AND WINCHESTER BUILDING SUPPLY COMPANY INC.
IN OPPOSITION TO THE A PLICATION FOR REZONING
Perry Engineering Company, Inc. and Winchester Building
Supply Company, Inc., which companies' place of business is on
the opposite side of U. S. Route 50 to the subject land of land,
hereby file their statement in opposition to the above reference
application for rezoning and state that among their grounds for
opposition are the following:
1. That U. S. Route 50 at the proposed site is one of the
main entrances to the City of Winchester for travelers and
visitors coming from the east and to change the zoning from
M-1 to M-2 with all of its permitted use and particularly that
applied for of a recycling plant would be detrimental to this
scenic approach to the City of Winchester, Virginia.
2. That the past growth record of Frederick County
and Winchester on population and industry can be projected over
a period of years and the rezoning could result in having a
recycling plant within the urban section of the city or county
when its location should be at a substantial distance from the
center of the city or the suburban populated area of the county
adjacent to the City of Winchester.
3. That the respondents herein have at various times
between forty and sixty trucks and other vehicles entering U.S.
Route 50 from their plants and travelling in both an easternly
LARGENT. ANDERSON
& LARRICK
ATTORNRYB AT LAM
WINCHRRTEA. VIRGINIA
and westernly direction on U. S. Route 50, and that the
addition of trash trucks and other vehicles to service the
recycling plant would create a hazardous traffic condition to
this particular location.
4. That your respondents' companies are bordered on the
north by the present Frederick County garbage dump and land fill
and if the subject tract is rezoned and the use of a recycling
plant is permitted your respondents will have a garbage and trasY
recycling plant on the north and a garbage and land fill dump
immediately adjacent and across from them on the south.
5. That what can still be preserved of the scenic access
to Frederick County and the City of Winchester on Route 50
should not be permitted to deteriorate by changing the zoning
from M-1 to M-2 and for the specific use of a garbage and trash
recycling plant. j
6. That the application of Spectrum Properties, Inc.
constitutes spot zoning and/or spot rezoning and as such is a
breach of the integrity in the zoning laws.
7. That there are many appropriate and suitable sites for
a garbage and trash recycling plant further removed from a scent
site to the City of Winchester and from a growth area that can
prospectively be considered urban or suburban.
8. That your respondents have been advised that regardless
of the care, use and operation of recycling plants that they do
have problems with rodents, rats and flies.
9. That to increase the already existing Frederick
County dump problems with a recycling plant separated only by
your respondents property and Route 50 would further increase t
danger of such rodents, rats and flies.
PERRY ENGINEERING COMPANY, INC.
WIN�ST 4Wk;4PING ffUPPLY COMPANY, INC.
4& 74
John F. Anderson
Largent, Anderson and Larr
Graichen Building
Winchester, Virginia, 22601
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OR DATE
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P.O., STATE AND ZIP CODE
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RETURN 1. Shows to whom and date delivered ........... 150
With delivery to addressee only ............ 65¢
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-
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Apr.
r. 197) NOT
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SENT TO lJ �� Pno OA FK
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STREETAD NO.
P.O., STATE AND ZIP CODE
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OPTIONAL SERVICES FOR ADDITIONAL FEES
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RETURN I. Shows to whom and date delivered ........... 11
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DELIVER TO ADDRESSEE ONLY ...................................................... S1
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(See other tide)
GPO : 1972 0 - 460-743
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
If you want a return receipt, write the certified -mail number and your name and address on
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If you want the article delivered only to the addressee, endorse it on the front DELIVER TO
ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that
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Save this receipt and present it if you make inquiry.
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RECEIPT FOR CERTIFIED MAIL-30(, (plus postage) I
SENT TO POSTMARK
0, R DATE
STREET AND NO.
a
P.O., STATE AND ZIP CODE
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN t. Shows to whom and data delivered ........... 15
RECEIPT With delivery to addressee only ............ 65
SERVICES Shows With deliveto ry and where only
.. 85
Y Y ............ 85
Q 1 SPECIAL DELIVERY (extra fee required) • •..•••....................
PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 NOT FOR INTERNATIONAL MAIL a GPO : 1972 0 - 460-743
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
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VA. 22601
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22601.
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S�
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MAY 3 0197 3 ' A-,- P
P E T I T I O N
WE, the undersigned, landowners and/or taxpayers of
Frederick 'County, Virginia, do hereby express our opposition to
the rezoning of twenty (20) acres, more or less, by Spectrum
Properties, Inc., located at the intersection of Route 50 East
and Route 728 in Shawnee Magisterial District, from Industrial,
Limited (M-1) to Industrial, General (M-2)9 whether our
signatures appear on this page or another page attached hereto:
AddressName
PIP
/ // �r !ice •� y
i
Name Addre s s
OFFICE PHONE 703 - 667-2400
HOME PHONE 703 - 662-5619
DClUGLAS R. TOAN
PROPERTIES -ACREAGE
1-IpMES - E3USINES5
WINCHESTER, VA. 22601
INC. ❑N U. S. SO EAST OF 1-111
SALES ASSOCIATE
SPECTRUM PROPERTIES,
P E T I T I O N
WE, the undersigned, landowners and/or taxpayers of
Frederick County, Virginia, do hereby express our opposition to
the rezoning of twenty (20) acres, more or less, by Spectrum
Properties, Inc., located at the intersection of Route SO East
and Route 728 in Shawnee Magisterial District, from Industrial,
Limited (M-1) to Industrial, General (M-2), whether our
signatures appear on this page or another page attached hereto: f
i
Name Address Name Address
�Al
PAGE TWO
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Name Address Name Address
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