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HomeMy WebLinkAbout003-90 Reading Landscapes - Gainesboro Dist. - BackfileRECEIPT N4 02'587 AMOUNT DUE o AMOUNT PAID $" 4JO. D, BALANCE DUE $ PAID BY CASH 'CHECK OTHER NPEDERICK COUNTY DEPT. Or PLANNING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS _jLJm 06 ! THE SUM OF _i UV�''L s - r-� 44) DOLLARS • 40o �%/ //� 1 S C i j // FOR /�-� 61,�4-1, �^'��11� t _) J O � l�a'"L ) � J V 1 z � , �,_t L. )). .:.. By TIMERS RE -ORDER No. 3221 — P-led m USA I Upon st-.bmittal of your completed application, a sign will be provided for you AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the y .property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above:. My signature verifies that I have received said sign. READING LANDSCAPES, INC., a Virginia Corwratia Signature RUSSELL W. EADING, President 'i REZONING CHECKLIST The application is not complete if the following are not present: Submission Package �7901. Comment sheets from the following agencies along with any marked copies of the plan: -�� VDOT Co. San. Auth. Inspections Dept. Fire Marshall �� County Attorney 1-41 2 2. application form -�)-�2 7 3. location map 4. survey 012Z 5. deed City of Winchester Co. Hlth. Dept. Parks & Rec. Airport Authority a % 6. taxes paid statement 7. sign received 8. fees paid 9. impact analysis 10. proffer statement TRACKING 3 SO . DATE -;"YDa ao / ,2_,V7/-�10 Application Received �"✓ Rezoning forwarded to consulting engineer, if required. Consultation held with planning staff pp � Rezoning reviewed by Zoning Review Committee 3 zJ Adjoiner notifications mailed for PC public hearing Rezoning heard by PC ,WZN-� `-� Public hearing date set by BOS Ordinance of amendment with conditions proffered prepared for BOS Adjoiner notifications mailed for BOS public hearing Rezoning heard by BOS 05-ICo-4a Zoning map amended Rezoning records updated • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 May 10, 1990 Reading Landscapes, Inc. Attn: Russell W. Reading P.O. 2204 Winchester, Virginia 22601 Dear Mr. Reading: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 9, 1990: Approval of rezoning application #003-90 of Reading Landscapes, Inc. to rezone 2.001 acres from RA (Rural Areas) to B-2 (Business General) for uses permitted under B-2 zone with the exception of motor vehicle sales and service station. This property is located approximately'3 1/2 miles west of Winchester, fronting on the west side of Route 522 north, near Albin, in the Gainesboro Magisterial District and is identified as parcel 76 on tax map 42. If you have any questions regarding this rezoning approval do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Esten Rudolph,.Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff Jr., Treasurer 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 P/C Mtg: 4/4/90 B0S Mtg: 5/9/90 REZONING APPLICATION #003-90 READING LANDSCAPES, INC Rezone 2.001 Acres from RA (Rural Areas) to B2 (Business General) LOCATION: Approx. 3 1/2 miles west of Winchester, fronting on the west side of Rt. 522, near Albin. MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Motel, residence, orchard, and vacant land; zoned RA, Rural Areas PROPOSED USE AND IMPROVEMENTS: All permissible uses under B2 with the exception of the following: motor vehicle sales, service station. REVIEW EVALUATIONS: Virginia Dept. of Transportation - No objection to rezoning of this property. However, all business related traffic will be required to use the existing commercial entrance which was constructed under permit issued by this office in April, 1989. The private entrance on the property is to serve residents of the dwellings only and signs to this effect should be installed on private property. If access to the business continues through the private entrance, it may have to be blocked or removed. Health Department - No objection as long as: 1) There is no increase in the number of employees; 2) The septic tank is pumped every three years; 3) The surface water must be diverted from the drainfield area by means of either curb guttering or a clay berm. Also note the attached letter dated 2/8/90. Commonwealth Attorney - Proffer should track ordinance: "motor vehicle sales" rather than "car lot". Frederick County Fire Marshall - No problem with this rezoning; site construction would require a source of water if this is planned. 46 6 2 Inspections Department - This request for rezoning approval shall comply with the BOCA National Building Code, 1987. The use group will be determined at time of plans review. Planning & zoning - The following issues should be considered: Location: The site is located outside of the urban development area at the northern end of the Albin area. The site is approximately 2,000 feet north of an existing B-2 area. The Comprehensive Plan states that new rural businesses may be located at locations with recent or existing business activity, if safe access can be provided and if adverse impacts on surrounding properties can be avoided. The Plan identifies Albin as a potential rural community center. Site Suitability: The site is generally suitable for development. Neither public sewer or water are available. An increase in employees, a change in use, or substantial construction will possibly necessitate alternative provisions for sewage disposal and water for fire protection. Sufficient land is available for possible future buffers. Potential Impacts: The types of general retail uses allowed in the B-2 district could generate substantial increases in traffic. However, the site is located on a four lane divided highway with good sight distance to the north. There is no cross over at this location. There are residences located on adjoining properties. Additional construction on the site or expansion of uses may require buffers in relation to residences on surrounding properties. Conclusions: There is a history of business rezonings along Route 522 in the Albin area. Therefore, the requests appears to conform with the general policies in the Comprehensive Plan. The site is generally suitable and adverse impacts would be limited. STAFF RECOMMENDATIONS FOR 414190: Approval with acceptance of proffers. PLANNING COMMISSION RECOMMENDATIONS FOR 414190: Approved by the following vote: YES (TO APPROVE): Marker, Copenhaver, McDonald, Golladay, DeHaven, Romine, Rinker, Thomas ABSTAIN: Sherwood, Wilson LORD FAIRFAX HEALTH DISTRICT Health Departments Counties Of PAGE—WARREN—SHENANDOAH—CLARKE & FREDERICK City Of WINCHESTER IN COOPERATION WITH THE STATE DEPARTMENT OF HEALTH FEBRUARY 8, 1990 P.O. BOX 2056 WINCHESTER, VIRGINIA 22601 (703) 662.0319 DEPARTMENT OF SANITATION (703) 667-9747 Re: Reading Landscapes; 522 N Just past Albin on left I am aware that the cisterns on my property are approximately fifty (50) feet from my sewage disposal system. These cisterns ::ill not be used for drinking water. I am also aware that my well is approximately seventy five feet (75') from my sewage disposal system. This does not meet health department regulations. Therefore I assume all responsibility if my well becomes contaminated from my sewage system. r COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission Approved April 4, 1990 with proffers Board of Supervisors Approved May 9, 1990 with proffers An ordinance amending the zoning district map for application #003- 90 of Reading Landscape. WHEREAS, Rezoning application 003-90 of Reading Landscape to rezone 2.001 acres from RA (Rural Areas) to B-2 (Business General), located approximately 3/ 1/2 miles west of Winchester, fronting on the west side of Rt. 522N, near Albin in the Gainesboro Magisterial District and designated as property ID# 42-000-A00-0000-0000-0076- 0, was referred to the Planning Commission on April 4, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on April 4, 1990; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on May 9, 1990; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; 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; THEREFORE, 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 2.001 acres from RA (Rural Areas) to B-2 (Business General) located approximately 3 1/2 miles west of Winchester, fronting on the west side of Rt 522N, near Albin in the Gainesboro Magisterial District and designated by property ID# 42-000-A00-0000-0000-0076-0, as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 PROFFER Rezoning Application No. 003-90 Applicant: Reading Landscapes, Inc. Property Location: 2.001 acres, U. S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia The undersigned, sole owner of land to be rezoned under rezoning Request No. 003-90, referred to as the Reading Landscapes, Inc. rezoning, and the applicant for said rezoning, hereby voluntarily proffers the following condition. The condition proffered shall be binding upon the assigns and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts this condition, the following proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The following shall not be permitted uses under the proposed B-2 (Business General) zoning, to -wit: Auto Dealers and Gasoline Service Stations and Car Washes. 2. The Applicant will file a site plan of the subject property to be approved by the County of Frederick, Virginia. 3. The Applicant will comply with the landscaping requirements of Section 21-3-11 of the Zoning Ordinance of E Frederick County, Virginia. 4. The Applicant will comply with the landscape screening requirements of Section 21-3-12-2.1 of the Zoning Ordinance of Frederick County, Virginia, along the southern and western (rear) boundaries of the property. DATED this 13th day of April, 1990. READING LANDSCAPES, INC. By �� % o�=�L� Wait n �G✓�y�✓ RUSSELL W. READING, PresijGYent Owner and Applicant CERTIFICATE OF DELIVERY I hereby certify that on the &, f/ day of April, 1990, I delivered a true and correct copy of the foregoing Proffer to Lawrence R. Ambrogi, Esquire, Attorney for the County of Frederick, Virginia, Winchester/Frederick County Joint Judicial Center, 5 North Kent Street, Winchester, Virginia, 22601. READING LANDSCAPES, INC. r' By RUSSELL W. READING, Pre dent 0 This ordinance shall be in effect upon its passage. Passed this 9th day of May, 1990. A Copy Teste John`_R. Rile , Jr Frederick County Administrator REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number CO3-90 Submittal Deadline PC Hearing Date �( Date Received 3 Application Date o? a7- 90 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: Reading Landscapes, Inc. Address: Route 5, Box 776; P. 0. Box 2204 Winchester, VA 22601 Telephone: ( 703 ) 662-8054 2. Owner: Name: Reading Landscapes, Inc. Address: Route 5, Box 776; P. 0. Box 2204 Winchester, VA 22601 Telephone: ( 703 ) 662-8054 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: Russell W. Reading is the sole shareholder of Reading Landscapes, Inc., a Virginia Corporation. F1 3. Zoning Change: It is requested that the zoning of the property be changed from A-2 to B-2 (Conditional Use Permit) 4. Location: The property is located at (give exact directions): Approximately three and one-half miles West of Winchester, fronting on the West side of U.S. Route 522, near Albin, in Gainesboro Magisterial District, Frederick County, Virginia. 5. Parcel Identification: 21 Digit Tax Parcel Number: 6. Magisterial District: 7. Property Dimensions: rezoned. Total Area: 2.001 42-000-A00-0000-0000-0076-0 Gainesboro The dimensions of the property to be Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.001 Acres Rezoned to B-2, with the exception of the following Acres Rezoned to prohibited uses: Car lot, service Acres Rezoned to station Acres Rezoned to Frontage: 165.23 Feet Depth: 412.05 Feet (Northern boundary) 4bb.i8 Feet (Southern boundary) S. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Russell W. Reading Deed Page: 558 Deed Book Number: 700 N. 9. Proposed Use: It is proposed that the property will be put to the following uses. All permissible uses under B-2 (Business General) zoning, with the exception of the following prohibited uses: car lot, service station. 10. Checklist: Check the following items that have been included with this application. Location map �- Survey or plat y� Deed to property Statement verifying taxes Sign receipt Agency Comments Fees Impact Analysis Statement Proffer Statement 11. signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Reading Landscapes, Inc., By Russell W. Reading, President Owner: Reading Landscapes, Inc., by Russell IV. Reading, President , 12. Representation: 16� 1*/. 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: Michael L. Bryan, Representative's Phone Number: 7 ( 703) 662.-3486 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 Louise M. Courtney Address: c/o Louise C. Pulliam, Route 5, Box 783, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0077-0 2 Tidis Properties, Inc. Address: Route 5, Box 777, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0078-0 3 Fruit Hill Orchard, Inc. Address: P. O. Box 2368, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0062-0 4 Burnt Presbyterian Church Address: c/o John K. Butler, 411 West Monmouth Street, Winchester, VA 22601 Property ID: _ _ 0-0000-0075-0 5 Evelyn Brown Address: mute 5, Box 796 Winchester, VA 22601 Property ID:420000-A00-0000-0000-0074-0 6 Address: Property ID: 7 Address: Property ID: 8 Address: Property ID: 9 Address: Property ID: 10 Address: Property ID: E? C • • COUNTY of FREDERICK June 13, 1988 Reading Landscapes, Inc. Mr. Russell W. Reading, President P.O. Box 2204 Winchester, Virginia 22601 Dear Mr. Reading: Departments of Planning and Building 703/665-5650 This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of June 8, 1988: Approval of Conditional Use Permit Request #009-88 of Reading Landscapes, Inc. for a landscaping contracting business and retail nursery sales. This property is located on the west side of U.S. Route 522 North at Albin, in the Gainesboro Magisterial District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Off-street parking is required. 4. All VDOT and Health Department requirements be met. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RW a/dkg cc Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 27s-33� A 55 60 61 Rt. 6? 3 i 62 62 230 2 230-37 2 pts. 2pts. Y69 / 70 � Apr '5 urnt ,70 rctt 76 N 304-+sa 7 78 F 71 85 252 66 2pts. e 8 9 5 91 244 Z /916 Rt � n o 6 1 2 251 2 pts. �-2" 98 99I o 103 F. t• 06 Z_j 24! 1 12 G Is is$ 107 1 114 � z47 12 1 109 2418 130 iNS . 42 1 2 ►3► �3 244 132 4 2 pis. Z15 - 343 \ 133 132A ' 7 24? IJ� See 136 " 1, 7"' 239 1 255 301- 405 w2 1 254 302 -424 RL n U • I" = 60' ---- Z 0 60 120 180 a J 0 0 n CO (D rT z m� " coo wtnU)M N aq , m m 0000 J U z U d w ti � N cr C� w C i O a. c� I 0 z Z) 0 LL z a z 0 w 0 z D 0 w �z wa mz w w ti M ° ti CD D.B. 556 - P. 392 S 08° 3-7 14" W - 200.00' ; (D M L 2.001 ACRES CHORD N 06° 41' 41" W 16 5.23, ARC 16 490 , V .D •H R 5 167 . MON. �SRoBLE r II 522 U z C) N Q � U CL cr O J (D J U') H- m C) cr Ll- Up �r r L ALIEN EBERT (LICENSE) No. 1498 l'e�D vTJaVF_�� N N CERTIFICATE OF DELIVERY I hereby certify that on the day of March, 1990, I delivered a true and correct copy of the foregoing Proffer to Lawrence R. Ambrogi, Esquire, Attorney for the County of Frederick, Virginia, Winchester/Frederick County Joint Judicial Center, 5 North Kent Street, Winchester, Virginia, PARX4410m READING LANDSCAPES, INC. By RUSSELL W. READING, Prq-ident 2 0 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 April 25, 1990 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application Of: Reading Landscapes, Inc. Rezoning Application #003-90 To: Rezone 2.001 acres from RA (Rural Areas) to B-2 (Business General). This property is located approximately 3 1/2 miles west of Winchester, fronting on the west side of Route 522, near Albin, in the Gainesboro Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of May 9, 1990 at 7:15 p.m. in the Board of Supervisors meeting room, 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 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 i This is to certifat the attached correspondence s mailed to the following on April 25, 1990 the Department of Planning ai4evelopment, Frederick County, Virginia: REANNG LANDSC.AP BURNT PRESBYTERIAN CHURCH P.U. ?�+DX 2204 C/O JOHN K. �q�JTLER WINCHESTrR., VA. 411 W. MONMOUTH TRLi:I �6C1 WINCHESTERt VA. 226ol COURTNEYi LLIUISC' Mo T. LOUISE C PULLIMAN RT, 5 BOX 7P3 WINCHESTE► 9 VA. TIDIS PROPERTIES, INC. ROUTE 51 BOX 777 WINCHESTER, VA. FRUIT HILL LIRCHARL)i INL. P. C. BOX 2368 WINCHESTERv VA. STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta ..26 2 2 6 u 1 22601 BROWNP cVELYN RT. 5 3OX 796 WINCHESTER, VA. 226CI Michael L,. Bryan, Fsa. 11 S. Cameron St. Winchester, VA 22601 IE—obokrt W. Watkins, Director Frederick County Dept. of Planning , 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 April 25, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 25th day of April , 1990• My commission expires on March 23, 1991 - rulnes OLIA&16- NOTARY PUBLIC MCKEE AND BUTLER ATTOENEYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WINcHESTER, VIRGrNIA 22601 -1297 PETER K. McHEE ( 19.14 - 1967 BENJAMIN M•BUTLER STEPHEN G. BUTLER MICHAEL L. BRYAN April 10, 1990 (Hand Delivered) Mr. Robert B. Watkins Frederick County Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: My File No. 6225 Rezoning Request No. 003-90 Reading Landscapes, Inc. 2 001 U S R t 522 N th t Alb' AREA CODE 703 TELEPHONE 662-3486 FAx 703-722-3787 PLEASE REPLY TO. P.O. DRAWER 2097 I I i Ar I01990 acres on . . ou a or a in Gainesboro District, Frederick County, Virginia Dear Bob: In connection with the above rezoning request, please advise if proffers in the general framework of those presented below would be acceptable: (a) Applicant will file a site plan of the subject property to be approved by the County of Frederick, Virginia. (b) Applicant will comply with the Landscape Screening Requirements of Section 21-3-11 and 21-3-12-2.1 of the Zoning Ordinance of Frederic]_ County, Virginia. These additional proffers would be in addition to those previously submitted in connection with the rezoning request, as presented at the Planning Commission. I look forward to your respi;y � this matter. Very MLB/clh L ! BRYAN • MCKEE AND BUTLEB ATTORNEYS AT I.AW 11 SOUTH CA.MERON STREET P. 0. DRAWER 2097 WINCHESTER,VIRGINIA 22601-1297 PETER 1i. MCHEE ( 19-34 1967, BENJAMIN M.BUTLER STEPHEN G. BUTLER MICAAEI. L. BRYAN April 16, 1990 HAND -DELIVERED Mr. Robert W. Watkins Frederick Count Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: My File No. 6225 Rezoning Request No. 003-90 Reading Landscapes, Inc. 2.001 acres on U.S. Route 522 North at Albin Gainesboro District, Frederick County, Virginia Dear Bob: AREA CODE 703 TELEPHONE 662-3486 FAx 703-722-3787 PLEASE REPLY TO: P.O. DRAWER 2097 1 61990 In connection with the above -referenced rezoning request, please find enclosed what is hopefully the last set of proffers. If for any reason the terms thereof are not acceptable, please so notify me immediately. I have requested that G. W. Clifford & Associates prepare the site plan to be submitted and approved by the County of Frederick in connection with this rezoning request. I have also hand -delivered a copy of this proffer this date to the Office of Lawrence R. Ambrogi, County Attorney, for review. Thank you for your assistance MLB/t xc: Russell W. Reading PROFFER Rezoning Application No. 003--90 Applicant: Reading Landscapes, Inc. Property Location: 2.001 acres, U. S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia The undersigned, sole owner of land to be rezoned under Rezoning Request No. 003-90, referred to as the Reading Landscapes, Inc. rezoning, and the applicant for said rezoning, hereby voluntarily proffers the following condition. The condition proffered shall be binding upon the assigns and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts this condition, the .following proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The following shall not be permitted uses under the proposed B-2(Busine,s General) zoning, to -wit: Auto Dealers and Gasoline Service Stations and Car Washes. READING LANDSCAPES, INC. Byr_� RUSSELL W. READING, Presa..d Owner and Applicant IV6) 7- C� COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 March 21, 1990 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application Of: Reading Landscapes, Inc. Rezoning Application #003-90 To: Rezone 2.001 acres from RA (Rural Areas) to B-2 (Business General). This property is located approximately 3 1/2 miles west of Winchester, fronting on the west side of Route 522, near Albin, in the Gainesboro Magisterial District. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of April 4, 1990 at 7:30 p.m. in the Board of Supervisors meeting room, 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 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certif hat -the attached correspondence as mailed to the following on March 21, 1990 the Department of Planning a evelopment, Frederick or County, Virginia: RtADING LANDSCAP , P.O. OOX 2204 WINCHESTERt VA. Z2t:)u1 CCURTNEY9 Lt:)UISF= M* LOUISE C PULLIMAN RT, 5 BOX 783 WINCHESTER, VA. 22601 TIDIS PRCPERTI_Sy INC. ROUTE 5. BUX 777 WINCHFSTER, VA. 21601 FRUIT HILL O CHAP09 INC. p, 0. iiCX 2368 WINCHcSTER♦ VA. 22601 3ORNT PRES9YTERIAN CHURCH C/O JCHN K. 3UTLER 411 W. MONMOUTH STREET WINCHFSTER9 VA. 22601 BROWNt EVE=LYN RT. 5 BOX 796 WINCHFSTERt VA. 22601 STATE OF VIRGINIA COUNTY OF FREDERICK Michael L. Bryan, Esq. 11 South Cameron St. Winchester, Va. 22601 kobeA W. Watkins, Director Frederick County Dept. of Planning I, Renee' S_ Arlotta , 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 March 21, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 21st day of March 2 1990. My commission expires on March 23, 1991 NOTARY PUB IC LAe 9 • MCKEE AND BUTEEB ATTORNEYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WrNcHESTER, ViRGrNtA 22601 -1297 PETER K. MCREE 1934 -1967, BENJAMIN NI -BUTLER STEPHEN G. BUTLER TLhCHAEl, L. BRYAN March 9, 1990 (Hand Delivered) Mr. Robert B. Watkins Frederick County Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: My File No. 6225 Rezoning Request No. 003-90 Reading Landscapes, Inc. 2.001 acres on U.S. Route 522 North at Albin Gainesboro District, Frederick County, Virginia Dear Bob: AREA CODE 703 TELEPHONE 662-3486 FAx 703-722-3787 PLEASE REPLY TO: P. O. DRAWER 2097 91990 , J Please find enclosed an amended Proffer pertaining to the above rezoning request. This Proffer was amended to comply with the request of the Commission presented at its work session on March 8, 1990. I am hopeful that all documentation is now in order. If anything additional is needed, please contact me immediately. Very truly yours, McKEE and BUTLER �IKICHAEL J" BRYAN MLB/clh Enclosure PROFFER Rezoning Application No. Applicant: Reading Landscapes, Inc. Property Location: 2.001 acres, U. S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia The undersigned, sole owner of land to be rezoned under Rezoning Request No. , referred to as the Reading Landscapes, Inc. rezoning, and the applicant for said rezoning, hereby voluntarily proffers the following condition. The condition proffered shall be binding upon the assigns and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts this condition, the following proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The following shall not be permitted uses under the proposed B-2(Business General) zoning, to -wit: Motor vehicle sales, service station. READING LANDSCAPES, INC. By RUSSELL W. READING, Presi4e� Owner and Applicant ti'�T cU,�e MCKEE AND BUTEEU ATTORNEYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2o97 W1NC1MSTER, ViRoiNIA 22601 -1297 PETER H. McKEE ' 19 34 1967: DENJAMIN M-BUTLER STEPHEN O.BUTLER MICHAEL L. BRYAN HAND -DELIVERED February 23, 1989 Mr. Robert W. Watkins Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: My File No. 6225 Reading Landscapes, Inc. Rezoning Request Dear Bob: AREA CODE 703 TELEPHONE 662-3486 FAx 703-722-3787 PLEASE REPLY TO: P.O. DRAWER 2097 Please find attached the rezoning application for Reading Landscapes, Inc. concerning its landscape contracting/nursery property located near Albin on Route 522 North. Pursuant to our previous discussions, certain agency comments were waived. The required agency comments are submitted with the application. In particular, please note that the concerns set forth in the comments submitted by the Commonwealth Attorney's Office have resulted in a revision of the Proffer to comply with those comments. Also, the Highway Department requirements have been met by the erection of a sign limiting access to the private entrance to residents of the dwelling only. The Health Department comments and concerns may be monitored and regulated by the Health Department under its guidelines. Please let me know if any additional information is required. Please schedule this rezoning request at the earliest available meeting of the Planning Commission. MLB/t Attachments as Stated C E R T I F I C A T E Re: Reading Landscapes, Inc. Route 5, Box 776 Winchester, Virginia 22601 Tax Parcel No. 42-000-A00-0000-0000-0076-0 This is to certify that all taxes including 1989 real estate taxes have been paid in full for the above property. TREASURER'S OFFICE OF FREDERICK COUNTY By i 0 0 The accompanying Plat represents a Boundary Survey of the Land conveyed to Reading Landscapes, Inc. by Deed dated 11 October 1988 in Deed Book 700, Page 558. The said Land fronts the Western Boundary Line of U. S. Route 522, and lies in Oainesboro District, Frederick County, Virginia: Beginning at an iron pin (found) in the Western Line of U. S. Route 522, a corner to the Tidis Properties, Inc. land; thence with the two following said Lines, N 07' 07' 03" W - 36.14 ft. to a concrete V.D.H. monument; thence with the Arc Line 165.24 ft. (Chord N 06" 41' 41" W - 165.23 ft., Radius 5,167.490 ft.) to an iron pin, a corner to the Fruit Hill Orchard, Inc. land; thence with the two following Lines of the said Land, N 87' 37' 46" W - 412.05 ft. to an iron pin (found); thence S 08' 37' 14" W - 200.00 ft. to an iron pin (found), a corner to the Pulliam Land; thence with the Northern Line of the said Land and the Northern Line of the said Tidis Properties, Inc. Land, S 87' 37' 46" E - 465.81 ft. to the beginning. Containing: 2.001 Acres ���ALT'U p"",� Surveyed: 10 March 1989O + L ALIEN EBIRT c4 — �, (LICENSE) No. 1498 Z'ND 8URV r CERTIFICATE OF DELIVERY I hereby certify that on the i-;rdday of February, 1990, I delivered a true and correct copy of the foregoing Proffer to Lawrence R. Ambrogi, Esquire, Attorney for the County of Frederick, Virginia, Winchester/Frederick County Joint Judicial Center, 5 North Kent Street, Winchester, Virginia, 22601. READING LANDSCAPES, INC. gy RUSSELL W. READING, Presiden 4 E • REQUEST FOR REZONING COMMENTS Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 N. Rent Street, Winchester, Virginia 22601 (703) 667-5770 The Commonwealths Attorney offices are located in the Winchester - Frederick Judicial Center at 5 North Kent in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Reading Landscapes, Inc., Route 5, Box 776; P. 0. Box 2204, tdinchester, VA 22601 Name of development and/or description of the request: Rezoning of 2.001 Acres from A-2 (with Conditional Use Permit) to B-2 (Business General), with proffer which would prohibit the following uses under the proposed rezoning, to -wit: car lot, service station Location: 2.001 Acres, U.S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. au A/ 8ommnrIj th_Attorney Comments: Proffer should track ordinance - "motor vehicle sales" rather than "car lot". Also, these should not be permitted uses rather than prohibited. Attorney Signature and Date: (NOTICE TO ATTORNEY - PLEASE RETURN THIS FORM TO THEAPPLICANT. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, proffer statement, location map, and all other pertinent information. 27 REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Reading Landscapes, Inc., Route 5. Box 776; P: 0. Box 2204 Winchester, VA 22601 Name of development and/or description of the request: Rezoning of 2.001 Acres from A-2 (with Conditional Use Permit) to R- (Business General), with proffer which would prohibit the following uses under the pronosed rezoning. to -wit: car lot. service station Location: 2.001 Acres, U.S.Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. Inspections Department Comments: Inspect. Signature & Date (NOTICE TO INSPECTIONS - PLEASE RETURN THIS 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. 19 a • REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer 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: Reading Landscapes, Inc., Route 5, Box 776; P. 0. Box 2204, Winchester, VA 22601 Name of development and/or description of the request: Rezoning of 2.001 Acres from A-2 (with Conditional Use Permit) to B-2 (Business General), with proffer which would prohibit the following uses ender the "nursed rezoning, to -wit: car lot. service station Location: 2.001 Acres, U.S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. Transportation Department Comments: No objection to the rezoning of this property. However, all business related traffic will be required to use the existing commercial entrance which was constructed under permit issued by this office in April, 1989. The private entrance on the property is to serve residents of the dwellings only and signs to this effect should be installed on private property. If access to the business continues through the private entrance it may have to be blocked or removed. VDOT Signature and Date: �5,/u.•�1� y �._ 1 /3C / y (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. 20 Ii j V aA RECEIVED JAN 2 4 1990 REQUEST FOR REZONING COMMENTS Frederick County Fire Marshall P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Reading Landscapes, Inc., Route 5, Box 776: P. 0. Box 2204, Winchester. VA 22601 Name of development and/or description of the request: Rezoning of 2.001 Acres from A-2 (with Conditional Use Permit) to B-2 (Business General), with proffer which would prohibit the following uses under the proposed rezoning, to -wit: car lot, service station Location: 2.001 Acres, U.S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. Fire Marshall Comments: 1. No problem with this rezoninp,. 2. Site construction would require a source of water if this is planned. Fire Marshall Signature and Date: (NOTICE TO FIRE MARSHALL - PI APPLICANT.) NOTICE TO APPLICANT 2 FEB 90 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, impact analysis, location map and all other pertinent information. 24 REQUEST FOR REZONING COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Reading Landscapes, Inc.. Route 5. Box 776; P. 0. Box 2204, 'viinchester, 'vA 22601 Name of development and/or description of the request: Rezoning of 2.001 Acres from A-2 (with Conditional Use Permit) to B-2 (Business General), with proffer which would prohibit the following uses under the proposed rezoning, to -wit: car lot, service station Location: 2.001 Acres, U.S.Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. Health Department Comments: /Health Signature and Date: � n,&:V , / F / % o (NOTICE TO HEALTH DEPT. - PLEASE RETURN T IS F RM 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. 21 /� �1' 35D 0/11/88 LB/Clh • BK700PG558 Ib C� THIS DEED OF ASSUMPTION, made and dated this llth day of October, 1988, by and between RUSSELL W. READING, Unmarried, az hcm.m,! sole, party of the first part, ui,d _ ,. , INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee; and THE FAP14ERS AND DIERCIIA14TS NATIONAL BANK OF WINCHESTER, VIRGINIA, and JOHN E. McALLISTER, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), 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 of that certain lot or narca_l of 1?nr�; together with the improvements thereon and the appurtenances ^\ thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, fronting on the West side of U. S. Route 522 (also known as North Frederick Grade), situate about 3-1/2 miles west of Winchester, containing 2.01 Acres, more or less (this bein3 a conveyance in gross and not JOY the acre); and being more particularly described by that certain plat and survey drawn by Lee A. Ebert, C.L.S., dated October 1, 1953, of record in -�,::c Ciej4, s of iu: Circuit court of Frederick County, V;r, inia, in Deed Rook 230, at Page 15B, et seq., described thereon as containing 2.04 Acres; LESS AND EXCEPT THEREFROti that certain off- conveyance of 0.03 Acre, more or less, to the Commonwealth of Virginia for the widening of U. S. Route 522 by that certain deed dated October 20, 1963, of arl00FG559 record in the aforesaid Clerk's Office in Deed Book 294, at CPage 487; and being the same property conveyed to the Grantor herein, as homme sole, by deed dated July 8, 1988, from Fred E. Unger, et ux, of record in the aforesaid Clerk's Office in Deed Book 686 at Page 158. g Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made and accepted subject to the indebtednesses secured by the following two (2) deeds of trust on the aforesaid property, which said deeds of trust the Grantee does hereby assume and agree to pay as part of the purchase price of the above -described property; and the Grantee hereby executes and acknowledges this instrument for the pu:-poce of ccrplying with thc prc:•isiono of thc: said deeds of trust, to -wit: 1. Deed of trust dated July 8, 1988, of record in the Clerk's Office, Circuit Court of Frederick. County, Virginia, in Deed Book 686, at Page 162, given to secure the Farmers and Merchants National Bank of Winchester, Virginia, the principal sum of $72,000.00. 2. Second Deed of Trust dated July 8, 1988, of record in the aforesaid Clerk's Office in Deed Book 686, at Page 167, given to secure John E. McAllister, or order, the sum of $20,000.00. Tho parties of the third part, as secured parties, ;join in the execution of this Deed of Assumption solely for the purpose of consenting to the assumption of the aforesaid deeds of trust. 2 BK700eG560 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and in particular, to that certain easement or right reserved for the benetit ut Burnt; Presbyterian Church to continue to use that portion of their drainfield which presently lies along the Western boundary line of the subject property. The right of said Church to use said right of way or easement shall continue until the Church abandons the drainfield. The Church shall have the right to operate, maintain, repair and replace the drainfield. Reference is made to that certain deed dated January 6, 1988, from Luella S. Rinker, Widow, to Fred E. Unger, et ux, of record in the aforesaid Clerk's Office in Deed F,iok 669, at Page 83. Except as noted above, the Grantor does hereby covenant that he 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 he will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) SELL W. READ 1 READING LANDSCAPES, INC. ^eti , By ! L) RU LA L W. R DING residen FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA 3 0 • UK700PG561 By lYG[(SEAL) (SEAL) �7OHN \E. McALLISTER STATE OF VIRGINIIIA, AT LARGE, C� , OF w 1AC11U � Ic- V- , To -wit: I, L 0 11 3 to h w t / I c. K s , a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that RUSSELL 11. READING, whose name is signed to the foregoing Deed of Assumption, dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this // 4h day of October, 1988. My .Commission expires }, 7 NOTARY PUBLIC STATE OF VIRGINIA,, AT LARGE, OF �1 �c�e 5 i �r , To -wit: S , a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that RUSSELL W. READING, President, READING LANDSCAPES, INC., whose naive is sighed to the foregoing Deed of Assumption dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. �h Given under my hand this 11 day of October, 1988. My Commission expires ,SW F t -7, / 1 7 0 4 • BK700PG562 i NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, iC OF To -wit: a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that ,(tf who is E 1- KILIF of THE FAPMERS AND IIERCHA14TS NATIONAL BANK OF WINCHESTER, VIRGINIA, whose name is signed to the foregoing Deed of Assumption dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this /�'day of October, 1988. -� Ily Commission expires NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, C OF writ (/CJ I e r , To -wit: STfEtr" , a Notary Public in and fer the State and Jurisdiction aforesaid, do hereby certify that JOHN E. .ICALLISTER, whose name is signed to the foregoing Deed of Assumption, dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. 44, Given under my hand this _!1___ day of October, 1988. 5 BK700PGS63 My Commission expires 7Al` Afi 31 f f 992 _ � a� NOTA Y` P JBLIC VIRGINIA: FREMPICK COUNTY, SCT. this instrumbnt cif writing was t.r 9u" to nee on Vic. ._L'_I -ddy, ol_4L;'x-- - 19 a� f and with cclWir-Itl of ockr:owl;d!;ijient thereto annexed was admitted to rocurd. CLERK Frederick County Circuit Court Frederick County Virginia A Copy Attest: GEORGE B. WHITACRE, CLERK I. yp�Ll �!WEIR, • • PETER K. MCREE i1934-1967 BEN.IAMIN M. BUTLER STEPHEN G. BUTLER MICHAEL L. BRYAN HAND -DELIVERED MCKEE AND BUTIXIR ATTOBNMYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VZBc3INLA 22601 -1297 January 23, 1990 Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director 9 Court Square Winchester, Virginia 22601 Re: Rezoning Request - Reading Landscapes, Inc. My File No. 6225 Dear Mr. Coffelt: AREA CODE 703 TELEPHONE 662-3486 FAx 703-722-3787 PLEASE REPLY TO: P.O. DRAWER 2097 Please find enclosed a comment sheet to be completed by your agency in connection with a rezoning request of Reading Landscapes, Inc. This property containing 2.001 acres is located on Route 522 North, near Albin, in Gainesboro Magisterial District, Frederick County, Virginia. The premises is currently zoned A-2 (agricultural) and is used for a nursery/landscape contracting business pursuant to the terms of a Conditional Use Permit previously issued by Frederick County, Virginia. The owner is now seeking to have the premises zoned B-2 (business general) for all allowed business uses in said zoning classification, with the exception of a car lot or service station. I enclose herewith a copy of the rezoning application to provide you with the necessary information in connection with this rezoning request. Your prompt review and completion of the enclosed comment sheet is respectfully requested. Upon completion, please return this document to me in the enclosed self-addressed stamped envelope. Thank you for your assistance in this matter. _V—ery__ tli4y, yours M i,, y MLB/t Enclosures as Stated REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Reading Landscapes, Inc., Route 5, Box 776; P: 0. Box 2204 Winchester VA 22601 Name of development and/or description of the request: R - .oni ng of 2.001 Ames from A-2 (with Conditional Use Permi t ) to R-2 (Business General), with proffer which would prohibit the following uses under the Tproiposed rezoning, to -wit; car lot, service station Location: 2.001 Acres, U.S.Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia. Applicant currently operates a nursery/landscape contracting business at this location with a Conditional Use Permit. Inspections Department Comments: 1-7 Inspect . Signature & Date. - �'� C�` ! c, (NOTICE TO INSPECTIONS - PLEASE RETURN THIS FORM 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. 01M REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Submittal Deadline PC Hearing Date Date Received Application Date BOS Hearing Date The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: Name: Reading Landscapes, Inc. Address: Route 5, Box 776; P. 0. Box 2204 Winchester, VA 22601 Telephone: ( 703 ) 662-8054 2. Owner: Name: Reading Landscapes, Inc. Address: Route 5, Box 776; P. 0. Box 2204 Winchester, VA 22601 Telephone: ( 703 ) 662-8054 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: Russell W. Reading is the sole shareholder of Reading Landscapes, Inc., a Virginia Corporation. F-1 3. Zoning Change: It is requested that the zoning of the property be changed from A-2 to B-2 (Conditional Use Permit) 4. Location: The property is located at (give exact directions): Approximately three and one-half miles West of Winchester, fronting on the West side of U.S. Route 522, near Albin, in Gainesboro Magisterial District, Frederick County, Virginia. S. Parcel Identification: 21 Digit Tax Parcel Number: 6. Magisterial District: 7. Property Dimensions: rezoned. Total Area: 2.001 42-000-A00-0000-0000-0076-0 Gainesboro The dimensions of the property to be Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.001 Acres Rezoned to B-2, with the exception of the following Acres Rezoned to prohibited uses: Car lot, service Acres Rezoned to station Acres Rezoned to Frontage: 165.23 Feet Depth: 412.05 Feet (Northern boundary) Feet (Southern boundary) 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Russell W. Reading Deed Page: 558 Deed Book Number: 700 9 Ll 9. Proposed Use: It is proposed that the property will be put to the following uses. All permissible uses under B-2 (Business General) zoning, with the exception of the following prohibited uses: car lot, service station. 10. Checklist: Check the following items that have been included with this application. Location map Survey or plat Deed to property Statement verifying taxes Sign receipt Agency Comments Fees Impact Analysis Statement Proffer Statement 11. signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Reading Landscapes, Inc., By Russell W. Reading, President Owner: Reading Landscapes, Inc., by Russell W. Reading, President 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: Michael L. Bryan, Representative's Phone Number: 7 (703)662-3486 0 PROFFER Rezoning Application No. Applicant: Reading Landscapes, Inc. Property Location: 2.001 acres, U. S. Route 522 North, near Albin, Gainesboro Magisterial District, Frederick County, Virginia The undersigned, sole owner of land to be rezoned under Rezoning Request No. , referred to as the Reading Landscapes, Inc. rezoning, and the applicant for said rezoning, hereby voluntarily proffers the following condition. The condition proffered shall be binding upon the assigns and successors in interest of both the applicant and owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts this condition, the following proffered condition shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The following shall be prohibited uses under the proposed B-2(Business General) zoning, to -wit: Car lot, service station. READING LANDSCAPES, INC. By ���.1 1✓ l�i� 7'-u oar ,y ,/Gr.'�1a�� RUSSELL W. READING, Pres (dent Owner and Applicant 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 Louise M. Courtney Address: c/o Louise C. Pulliam, Route 5, Box 783, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0077-0 2 Tidis Properties, Inc. Address: Route 5, Box 777, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0078-0 3 Fruit Hill Orchard, Inc. Address: P. 0. Box 2368, Winchester, VA 22601 Property ID: 420000-A00-0000-0000-0062-0 4 Burnt Presbyterian Church Address: c/o John K. Butler, 411 West Monmouth Street, Winchester, VA 22601 Property ID: - 0-0 00-0000-0075-0 5 Evelyn Brown Address: Route 5, Box 796 Winchester, VA 22601 Property ID : 420000 A00-0000-0000-0074-0 6 Address: Property ID: 7 Address: Property ID: 8 Address: Property ID: 9 Address: Property ID: 10 Address: Property ID: 8 C E R T I F I C A T E Re: Reading Landscapes, Inc. Route 5, Box 776 Winchester, Virginia 22601 Tax Parcel No. 42-000-A00-0000-0000-0076-0 This is to certify that all taxes including 1989 real estate taxes have been paid in full for the above property. TREASURER'S OFFICE OF FREDERICK COUNTY C • WOUNTY of FREDER[CK June 13, 1988 Reading Landscapes, Inc. Mr. Russell W. Reading, President P.O. Box 2204 Winchester, Virginia 22601 Dear Mr. Reading: Departments of Planning and Building 703/665-5650 This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of June 8, 1988: Approval of Conditional Use Permit Request #009-88 of Reading Landscapes, Inc. for a landscaping contracting business and retail nursery sales. This property is located on the west side of U.S. Route 522 North at Albin, in the Gainesboro Magisterial District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Off-street parking is required. 4. All VDOT and Health Department requirements be met. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, ov/_ W,��_44 Robert W. Watkins Planning Director RW d/dkg cc Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department 9 Court Square - P.O. Box 601 - Winchester, Virginia '_60i / 54 t)b o 27s-3 c 55 60 61 Rt 6T 3 62 62 230-37 230 l7 2 pis. 2pts. 252 2pts. 255 XX - 405 ?D 2T8 4 35D /11/88 B/clh Gb BK70UBS58 THIS DEED OF ASSUMPTION, made and dated this llth day of October, 1988, by and between RUSSELL W. READING, Unmarried, as hcmmE! sole, party of the first part, ljai�itiaf::er calleu ,...e :,_ar.tor ; and ........ .... , IP1C., a Virginia Corporation, party of the second part, hereinafter called the Grantee; and THE FAR14ERS AND MERCHANTS NATIONAL BA14K OF WINCHESTER, VIRGINIA, and JOINT E. McALLISTER, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), 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 of that certain lot or parcel. of. 1?nr, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, fronting on the West side of U. S. Route 522 (also known as North Frederick Grade), situate about 3-1/2 miles west of Winchester, containing 2.01 Acres, more or less (this being a conveyance in gross and not by the acre); and being more particularly described by that certain plat and survey.drawn by Lee A. Ebert, C.L.S., dated October 1, 1953, of record in Clark, s Ufii�e of ;:h<s circuit Court of Frederick County, Vir-',inia, in Deed Rook 230, at Page 158, et seq., described thereon as containing 2.04 Acres; LESS AND EXCEPT THEREFRO1.1 that certain off- conveyance of 0.03 Acre, more or less, to the Commonwealth of Virginia for the widening of U. S. Route 522 by that certain deed dated October 20, 1963, of r BK700ec559 record in the aforesaid Clerk's Office in Deed Book 294, at Page 487; and being the same property conveyed to the Grantor herein, as homme sole, by deed dated July 8, 1988, from Fred E. Unger, et ux, of record in the aforesaid Clerk's Office in Deed Book 686, at Page 158. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made and accepted subject to the indebtednesses_secured by the following two (2) deeds of trust on the aforesaid property, which said deeds of trust the Grantee does hereby assume and agree to pay as part of the purchase price of the above -described property; and the Grantee hereby executes and acknowledges this instrument for the purpose Cf complying with the provisions of the said deeds of trust, to -wit: 1. Deed of trust dated July 8, 1988, of record in the Clerk's office, Circuit Court of Frederick, County, Virginia, in Deed Book 686, at Page 162, given to secure the Farmers and 11erchants National Bank of Winchester, Virginia, the principal sum of $72,000.00. 2. Second Deed of Trust dated July 8, 1988, of record in the aforesaid Clerk's Office in Deed Book 686, at Page 167, given to secure John E. McAllister, or order, the sum of $20,000.00. The parties of the third part, as secured parties, join in the execution of this Deed of Assumption solely for the purpose of consenting to the assumption of the aforesaid deeds of trust. 2 aa700PG560 This conveyance is made subject.to all easements, rights of way and restrictions of record affecting the subject property, and in particular, to that certain easement or right reseived for the benefit ut Burnt Presbyterian Church to continue to use that portion of their drainfield which presently lies along the Western boundary line of the subject property. The right of said Church to use said right of way or easement shall continue until the Church abandons the drainfield. The Church shall have the right to operate, maintain, repair and replace the drainfield. Reference is made to that certain deed dated January 6, 1988, from Luella S. Rinker, Widow, to Fred E. Unger, et ux, of record in the aforesaid Clerk's Office in Deed R,)ok 669, at Page 83. Except as noted above, the Grantor does hereby covenant that he 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 he will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: SELL W. READ READING LANDSCAPES, INC. By �L1� ~ L) RU LL W. R ADING residen FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA UK70ONS61 By J Cc uiAL) (SEAL) ,7OHN E. MCALLISTER STATE OF C VIRGIN'IIA, AT LARGE, �y OF W -11eS Ict- , To -wit: I, Lh3fo'V%r1_LL_ L /-/ c- K S , a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that RUSSELL W. READING, whose name is signed to the foregoing Deed of Assumption, dated October 11, 1988, has personally appeared before me and acknowledged the same ir, my State and Jurisdiction aforesaid. Given under my hand this // 4hday of October, 1988. My .Commission expires f.�7Nl 179 D z - NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, OF 1 '(\c�es i c-r , To -wit: I, L"S f avtce__ I H I',- Ks , a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that RUSSELL W. READING, President, READING LANDSCAPES, 1NC., whose na4ne is siyjned to the foregoing Deed of Assumption dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. �h Given under my hand this 11 day of October, 1988. My Commission expires t. -7, 11 7 0 T 6000PG562 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, OF To -wit: a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that 79; 'C�e who is of THE FARMERS AND MERCHANTS NATIONAL BANK OF WINCHESTER, VIRGINIA, whose name is signed to the foregoing Deed of Assumption dated October 11, 1988, has personally appeared before me and acknowledged the same in my .State and Jurisdiction aforesaid. Given under my hand this //// day of October, 1988. My commission expires AL NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, C + OF W,*Ac� fJ l e r , To -wit: I GAr TEEL , a Notary Public in and for the State and Jurisdiction aforesaid, do hgrebv certify that JOHN E. McALLISTER, whose name is signed to the foregoing Deed of Assumption, dated October 11, 1988, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this day of October, 1988. 5 • 6000PG5G3 My Commission expires 3 L. NOTA�Y P BLIC VIRGINA' FRECERICK COUNTY, SCT. this instrument cf writing was FrIMccd to me on tiro __l ! / -d;3 oI lgW,t and with ct�rti':ic. 11 at ar;kr.owl,-(Jgment thereto annexed was admitted to record. Frederick County Circuit Court Frederick County Virginia A Copy Attest: GEORGE B. WHITACRE, CLERK r / JDeputy Clerk 6 CLERK 0 0 The accompanying Plat represents a Boundary Survey of the Land conveyed to Reading Landscapes, Inc. by Deed dated 11 October 1988 in Deed Book 700, Page 558. The said Land fronts the Western Boundary Line of U. S. Route 522, and lies in Gainesboro District, Frederick County, Virginia: Beginning at an iron pin (found) in the Western Line of U. S. Route 522, a corner to the Tidis Properties, Inc. land; thence with the two following said Lines, N 07' 07' 03" W - 36.14 ft. to a concrete V.D.H. monument; thence with the Arc Line 165.24 ft. (Chord N 06' 41' 41" W - 165.23 ft., Radius 5,167.490 ft.) to an iron pin, a corner to the Fruit Hill Orchard, Inc. land; thence with the two following Lines of the said Land, N 87" 37' 46" W - 412.05 ft. to an iron pin (found); thence S OS' 37' 14" W - 200.00 ft. to an iron pin (found), a corner to the Pulliam Land; thence with the Northern Line of the said Land and the Northern Line of the said Tidis Properties, Inc. Land, S 87' 37' 46" E - 465.81 ft. to the beginning. Containing: 2.001 Acres CALLEN Surveyed: 10 March 1989 I" = 60' ------ Z 0 60 120 180 a J -i 't O Lo n-cocDd' z cr Q W m 2Co'to wUl)toM V) m m m 0000 J U z �m 00 =n 0!6 wa m� �-: c Q-a D.B. 556 - P. 392 S 08e 37' 14" W - 200.00' i 2.001 A CRES m LD M L Cl z D O LL z d z O w A 0 N Q tM 2 Ucr- Q O J CO J tc) _ uO 1— m � 0 L►. z d z O CHORD N06e41'41"W 165 23� ARC 165.24, V.D•H MON. R 167.490, v S P pB LES. 522 j, A L'Tf1 U( o L. AL EN EBERT (LICENSE) No. L 1498 �D SrIRyF'�