HomeMy WebLinkAbout006-90 Kathryn M. Perry - Shawnee District - BackfileRECEIPT
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AMOUNT DUE
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AMOUNT PAID
$ /' 1 ) (-�v
BALANCE DUE
PAD BY
CASH -� ;j-
a CHECK
OTHER
FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601 • 9 COURT SQUARE
WINCHESTER, VIRGINIA 22601 • (703) 665-5651
DATE
RECEIVED FROM kit—/v-l!4lA
ADDRESS
THE SUM OF
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FOR �yyS6 '00
4
LARS S
SAY TIMERS RE -ORDER No 3224 — Pnmeo n USA
Upon submittal of your completed application, a sign will be issued
to you for a fee of $25.00. This deposit will be refunded within
five (5) days after the sign is returned.
AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed
at the property line and maintained -until the date of the hearing.
Failure to comply means that your request will be tabled. I
UNDERSTAND THAT I AM REQUIRED BY LAW to display the sign provided
by the Frederick Co. Planning Department. I UNDERSTAND the terms
explained above. My signature verifie that I have rece-i ed.said
sign. -°
MG0 ,e
Signature
v� • W 1,
REZONING CHECKLIST
The application is not complete if the following are not present:
Submission Package
5,44
bi . Comment sheets from the following agencies
along with any marked copies of the
plan:
VDOT ✓ City of Winchester
v Co. San. Auth. V Co. Hlth. Dept.
Inspections Dept.
Fire Marshall
County Attorney
2.
application form
✓ 3.
location map
4.
survey
5.
deed
Parks & Rec.
Airport Authority
61al c y-
tAze-,C 6. taxes paid statement
7. sign received
8. fees paid
:L�cl 9. impact analysis
10. proffer statement
TRACKING
DATE
S- L$� Application Received
VAV Rezoning forwarded to consulting engineer, if required.
eS. Consultation held with planning staff
Rezoning reviewed by Zoning Review Committee
7U Adjoiner notifications mailed for PC public hearing
718-90 Rezoning heard by PC
vex— Public hearing date set by BOS
7-30- 0 Ordinance of amendment with conditions proffered prepared
for BOS
Adjoiner notifications mailed for BOS public hearing
MID Rezoning heard by BOS
Zoning map amended
1 b Rezoning records updated
lie
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.489 Ac'
Proposed E anc �_ 0 Exle thg Zone: 1MA-t ` `\� :+:;,�r•'::�,;
�` to roposed Zone; 13.2
Match We lew Busln
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Pam Deeter
From:
Sent:
To:
Cc:
Subject: ('
John Bishop
Thursday, June 09, 2016 2:03 PM
Pam Deeter
Mark Cheran
F-Wo A d' R t 50 P rt
Pam can you please check on this?
rca is ou a rope y
John A. Bishop AICP
Assistant Director -Transportation
Frederick County Planning and Development
107 N. Kent Street
Winchester, VA 22601
540-665-5651
From: Carla Coffey[mailto:ccoffeyCaarcadiacompanies.com]
Sent: Thursday, June 09, 2016 1:59 PM
To: John Bishop; rkepler@greenwayeng.com
Cc: Mark Cheran
Subject: RE: Arcadia Route 50 Property
John,
GCu-�_
PQJii )
Gca�
l2sAvt lu ram.
Has the County been able to confirm item #4? We are preparing to close and need to confirm this occurred when the
Property was transferred to us by Perry.
Thanks, Carla
From: Carla Coffey
Sent: Monday, April 18, 2016 11:39 AM
To: John Bishop <ibishop@fcva.us>; rkepler@greenwayeng.com
Subject: Arcadia Route 50 Property
John,
Thank you again for your time on Friday. I would like to generally summarize our discussion regarding the proffers to
ensure we have the same understanding.
1. The proffers require a 70' ROW dedication from Route 50 to the as shown on the GDP. If we can construct our
road improvements in 70' we will not be required to dedicate additional ROW but the County would prefer 80'
to be dedicated at this time in order to ensure adequate room for improvements as road criteria has changed
since the proffers were approved.
2. The proffers require construction of a 4 lane divided road from Route 50 to approximately 700' into the site. As
well as a deceleration lane on westbound Route 50. While the County's Comprehensive Plan shows the entire
length of the road to be four lane through the site the County cannot and will not require it. The deceleration
lane will be expected to meet current criteria of a 200' turn lane and 200' taper.
--
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3. A two lane road will be constructed from point B to C, approximately 771', as shown on the approved GDP. It is
anticipated that the entrance to the site will be located closer to the terminus of the road. This is still in
conformance with the GDP and would be allowed.
4. The County will verify the $10,000. Proffer contribution was paid when the site was transferred to Arcadia.
5. A MDP will not be required if we are processing a Road Public Improvement Plan separate for the site
development plan.
6. The County will verify if a bonded and approved plan meets the proffer requirement. If not what satisfies the
proffer? Open to traffic? Accepted into the VDOT system? Please clarify.
In addition to this we discussed the possible requirement for a left turn lane on eastbound Route 50. It is my
understanding this could be required if the trips generated by our site require it.
An additional discussion will need to be had with VDOT to determine what their requirements will be for an approvable
public improvement plan. Randy is scheduling a meeting with VDOT for this purpose.
John and Randy please let me know if I missed or misrepresented anything above. I appreciate your helping us
determine what we would need to for the PI Plan.
Thanks, Carla
Carla E. Coffey
Arca(fia (gruel, lire.
1602 Village Market Blvd.
Suite 235
Leesburg, VA 20175
(703) 771-8000 main
(703) 909-11 12 cell
0 0
Eddie Keeler, Chief
June 30, 2016
Mark R. Cheran
Zoning Administrator
County of Frederick
107 N Kent Street
Winchester VA 22601
Dear Mr. Cheran:
Greenwood Vol. Fire & Rescue Company, Inc.
PO Box 3023
Winchester, VA 22604 T
(540) 667-9417
Dan Cunningham, President
This acknowledgement of a contribution to Greenwood Volunteer Fire & Rescue Company,
Inc. from The United States of America / Arcadia Land, Inc. (Rezoning Application #006-
90 Kathryn M. Perry) for 2016 is provided pursuant to section 170(f)(8) of the Internal
Revenue Code.
Name of Contributor: The United States of America / Arcadia Land, Inc.
2117 Northwestern Pike
Winchester VA 22602
A 2016 contribution is as follows:
Amount Check Number Date Categou
$10,000.00 210831 6/23/2016 Donation
Greenwood Volunteer Fire & Rescue Company, Inc. did not provide any goods or
services in whole or partial consideration for the above contributions.
Sincerely,
Pamela K. Keeler
Treasurer
— 9 U
%e%
10
xc;b Title, LLC
500 West Jubal Early Drive, Suite 100
Winchester, VA, 22601
540-723-0662
PAY Ten Thousand and 00/100 Dollars
TO THE Greenwood Fire Company
ORDER
OF
File: 157503WIN TAXID# 65-A-116
L7TT91TT71TlTn
M&T Bjtnk
One M&T Plaza
Buffalo, NY 14203
7-11 /520
DATE
06/23/2016
lie 2 108 3 Le 1:0 S 2000 1 131: 0006 18 96 9 Slim
RGS Title, LLC
M&T Bank
500 West Jubal Early Drive, Suite 100
One M&T Plaza
Winchester, VA, 22601
Buffalo, NY 14203
File Number
157503 WIN
Check Number
210831
Check Date
6/23/2016
Check Amount
$10,000,00
Buyer / Seller
The United States of America / Arcadia Land, Inc.
Property Address:
2117 Northwestern Pike, Winchester, VA 22602
Payee:
Greenwood Fire Company
Payee Address:
, ,
1304 Invoice
TOTAL
$10,000.00
$10,000.00
Check No. 210831
AMOUNT
$10,000.00
DAYS
y os
tW�JP4' F(G � Y 9
f`4y�0 yy'LJ
.111k� MP
210831
W,
i
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission Approval on August 8, 1990
Board of Supervisors Approval on September 26, 1990
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#006-90 of KATHRYN M. PERRY
WHEREAS, Rezoning application #006-90 of Kathryn M. Perry to
rezone 56.386 acres from RA (Rural Areas) to B2 (Business General)
and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and
1.489 acres from M1 (Light Industrial) to B2 (Business General)
located approximately 2.5 miles southeast of Winchester on Route
50 and designated as Parcel 116 on Tax Map 65 (65000-A00-0000-0000-
0116-0) in the Shawnee District, was referred to the Planning
Commission on July 18, 1990; and,
WHEREAS, the Planning Commission held a public hearing on this
application on July 18, 1990; and 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 August 8, 1990; and 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;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board
of Supervisors as follows:
Page 2
Rezoning #006-90
Kathryn M. Perry
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 56.386 acres
from RA (Rural Areas) to B2 (Business General) and 2.251 acres from
RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1
(Light Industrial) to B2 (Business General) located approximately
2.5 miles southeast of Winchester on Route 50, and designated as
Parcel 116 on Tax Map 65 in the Shawnee Magisterial District and
described by the application and plat submitted, subject to the
following conditions voluntarily proffered in writing by the
applicant and property owner as follows:
4'
PROFFER
PERRY PROPERTY REZONING RE UEST
CASE NO. 006-90
Revised 9/14/90
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number 006-90, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned.
In the event the Frederick County Board of Supervisors grants said rezoning to
B-2 and accepts these conditions, the following proffered conditions shall apply
to the land rezoned in addition to other requirements set forth in the Frederick
County Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route
50 at a point opposite the existing entrance to Westview Business Center. Upon
rezoning approval and upon development, the owner will transfer to the
Virginia Department of Highways or to the County of Frederick, as designated by
the County of Frederick, by deed in such form as directed, the seventy foot (70')
fee simple as shown on said plat as running from Route 50 to the lands of
Donald W. and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the
rezoned property, the highway as shown on the Generalized Development Plan
from points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown
on said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
i
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on
the generalized development plan will be constructed by the owner of the land
in question. This construction will be at the expense of the applicant/property
owner. The said road connection from B to C will be constructed in
associationwith any subdivision or site plan development within the
development phase containing said road connection as shown on the approved
master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed
underground. The development area is the area bounded by the limits of this
proposed rezoning and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00, in cash, at the time of transfer
of the first building lot or issuance of the first grading permit and an additional
$5,000.00, in cash, at the time of the second building lot or issuance of the second
grading permit to the Greenwood Fire Company in order to provide for the
expanded commercial zoning fire needs. Should the entire site be transferred
one parcel, the Appliant will make a $10,000.00, in cash, donation to the
Greenwood Fire Company to be used for their needs.
I . & r
Kathryn A Perry
0(
!{
This ordinance shall be in effect upon its passage.
Passed this 26th day of September, 1990.
A Copy Teste
t
John R -Rile , J
Frederick County Administrator
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CCRTIFICATE No. i Yi<"Gitira
54-17.3 W965
54.17.3 (D)162
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'f'�i.� yFRPfoq,(YO BY
�FV LAND 5�� CPEEV/Y4� E-OcIve -'elmG wxv selexe Yw COS 1kc..
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the arr lapnnying plat repret;ents if vurvey ul' lbe land vorlveyed
I:unPv It, Nu['bcrl El. Als. by deed dated December I,1n80 and
r..••.•tded io Il+e Frederick County Court. Clerk's Office in Deed,
541, I'a:-,o .76.
111" unit! l:uul lieN on ho111 Sider; of U.S. Ituute 50 about
I,•!. I;t81 of WioelteSLPr In Shawnee District, Frederick County,
tnln :111d iS bounded as foIIOWs:
Parcel A
Vogt lilt lny; at an iron pin set turner to Katie 8. Anlhoney
4111J in Lhc L•:nstern Itil;ht-of-Wav of U.S. Route 50; thence with
::+Id RighL-of-Way of U.S. Route 50 for the four following, courses;
N _'u"54'40" W - 25.93' to a V.U.H. Monument; thence N 15°14'16" W -
11" to a 1'.U.II. Monument; thence N 14°48'46" W - 223.90'
tt a V.D.H. tlonumenl; thence N 28°46'17" W - 292.57' to au Iron
:,in set in said Right-uf-Way and a corner to Ferman W. Perr};
thPnre with said ferry land for the iwo following, courses;
lJ 44"11151" F. - 503.69' to an iron pin set; thence N 44°17'51" f•. -
947.71)' Lo an iron pin found corner to said Perry land and in a
line of Donald W. Moulden Sr, land; thence. with said linulden
land S 51°37'04" E - 1U86.99' to an iron pin set corner Moulden,
Il++hlasnn and KoLie H. Anthooey; Lhenen with said Anthoncy for the
Lwo following, courses; S 04°59'11" W - 902.641.to an iron pin
r+el; LhencP S 63*51123" W - 1541.71' to the beginning,.
t:--l.taiuing . . . . . . . 58.637 acres
Surve)•ed . . . . . . . . November 12,1985
.Prepared By
Crecnway Engineuring 6 Survcvinr Co. Inc.
Winchester, Virginia
:er
169
1
BK609FIG i 69
I
Parrot It !
Iteginning at an iron pin in the Western Hiplit-of-Way ill"
Houle 50 antl curner lu Wilber llnnesty; thence with Bald
11-.-nasty ti 63°51":3" W - '317.44' to n Turner post in it Ilno of
t;..:--%:l: land and Turner to Gancor land; thenre With naitl Garher
I.. 14*51'19" W - 2181.38' to an iron pin r+(-1 Turner to t;,trher
in the WosLoro Itiyhl -ut -Way of' U.S. Ituuto 50; thenre
tii ai I Hi);ht -of -tiny (If U.S. lom o ,Q Ior the foer I(-ll(,win^
S 26" N' 10" L. - 1011 . 77 I o a V.,..II. !luunmcnl , t honro
I'r°51'14" ): - 4Z6.50' to a V.1).11. Win uatenr; thonce S 30 0-1"II" 1:
lu it iron pin r,el; lhroee }; 14°24'37" It - 741.55In
tr h";;inttlnY. 1
.t`i•iUr• . . . . . . . 11.H43 acres
.od . . . . . . . Wovt•tuhrr 12.*14115
Prepared B\
Grooiiwai. l?ngincering & Sarveyirty, Go., tile.
Witichcsler, Virginia
UP
u
^,111 „INIA FREI.MUCK CJU,M,
,T; is instrument of writing was produced to me oa Lite
71'6 day of�0�
" l t' • vd with cedificat acltno dgment thoreto annexed r/.,t
.r ,. •Jmitted to record. ,Tax imposed ny Sac. id -A. i of
f. pa
•ad 5i3-54 have been paid, if a -so :a.r.
C1e1
This ordinance shall be in effect upon its passage.
Passed this 26th day of September, 1990.
A Copy Teste
John R Rile , J
Frederick County Administrator
a
0
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PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO. 006-90
Revised 9/14/90
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number 006-90, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned.
In the event the Frederick County Board of Supervisors grants said rezoning to
B-2 and accepts these conditions, the following proffered conditions shall apply
to the land rezoned in addition to other requirements set forth in the Frederick
County Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route
50 at a point opposite the existing entrance to Westview Business Center. Upon
rezoning approval and upon development, the owner will transfer to the
Virginia Department of Highways or to the County of Frederick, as designated by
the County of Frederick, by deed in such form as directed, the seventy foot (70')
fee simple as shown on said plat as running from Route 50 to the lands of
Donald W. and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the
rezoned property, the highway as shown on the Generalized Development Plan
from points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown
on said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
il
�9-
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on
the generalized development plan will be constructed by the owner of the land
in question. This construction will be at the expense of the applicant/property
owner. The said road connection from B to C will be constructed in
associationwith any subdivision or site plan development within the
development phase containing said road connection as shown on the approved
master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed
underground. The development area is the area bounded by the limits of this
proposed rezoning and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00, in cash, at the time of transfer
of the first building lot or issuance of the first grading permit and an additional
$5,000.00, in cash, at the time of the second building lot or issuance of the second
grading permit to the Greenwood Fire Company in order to provide for the
expanded commercial zoning fire needs. Should the entire site be transferred
one parcel, the Appliant will make a $10,000.00, in cash, donation to the
Greenwood Fire Company to be used for their needs.
. &:�r
Kathryn M. Perry
This ordinance shall be in effect upon its passage.
Passed this 26th day of September, 1990.
A Copy Teste
�J
John R Ri e , J
Frederick County Administrator
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CERTIFICATE No. i ���Gitir.4
54.17.3 (0)965
5417.3 (D)162 0�
F ���Cy RPEo.4�'FO BY
LAND s� ; , C�PEf:VH.vr F..v�ivEf,P��uc ,ovo SaQ�Erivc Ca, �.GC'
OK60JPG168
i •fll,-
iloctti,wanyinl; 1)1at
reprvm,nts it viirvey of, the
land c-onveye(i
„ .►;imo.m
B. Marberl. EL. AIs.
by deed dated December I ,1rr80
and
1—4-1ded
ill Illy Frederick County
Coul-L Clerk's Office
in Deed.
IiIo
+--Od Illnd I Ceti rin
hot sides of U.S. Ruute 50
about
I."•
I;ItiI 111 WioclivsLer
In Shawrlee 1)1strict;, Fri -der
Icl( Colin (v,
1 1 •' i II i s
mid in bounded its
l of low,-::
Parcel A
ltogiuninp, aL an iron pin set currier to Katie B. AnLhoney
;llld in Lhc E.istern night-of-Wav of U.S. Route 50; thence with
.,;;I id Ri);hL-of-Way of U.S. Route 50 for the four following courses;
N .:1)"54'4o" 14 - 25.93' to a V.D.if. Monument ; thence N 15°14' 16" W
i'11.►►:' to a V.D.H. Monument; thence N 14°48'46" W - 223.90'
It, it V. D.11. Monument ; thence N 28*46' 17" 14 - 292. 57to an I con
1m) set in said Right -of -Way and a c.urner to Ferman W. Perry;
tlll•rlt•e with Said Perry land for the two following, courses;
11 44011'51" E - 503.64' to an iron pin set; thence N 44°17'51" B -
y47.7►)' Lo an iron pin found corner to said Perry land and in a
line of Donald W. Moulden Sr. land; thence with said tloulden
land S 51°37'04" E - 1U86.99' to an iron pin set corner Moulden,
IlobInson and Katie R. Autl►oney; Lherlce with said Ant:honey for Lhe
Lwo following, courses; S 04°59'll" W - 902.64'.to an iron pin
set; Lhence S 63°51'23" W - 1541.71' to the heginning,.
Ci-i,Lail►ino . . . . . . . . 58.637 acres
till rvvy(bd . . . . . . . November l 2 , 1985
,Prepared By
Creeriway Engineering b Surveying, Co. Inc.
Winchester, Virginia
,
• �;11,i11;t;;�p
As,
m
169
6K609PG 1 69
Pa rve 1 It
Ileginninp. at an iron pin in the Uestorn Right -of -Way (,I'
Itmite 50 and curnat• to Wilber Honesty; thence With will
I' Irs ty ti 63051'23" W - 317.44' to a turner post in a Hnv o
v I;ititI mili corner to Gar Isor Iand ; tIionce Witll nai(i Garher
I,i•? 14151'211)" W - 2381.38' to an Iron pin a(c`I vorn(sr Its (;arher
.mt; iIi the Wr�trr•n Itiy;lit-(8i-Way c►f U.S. Itotity 50; Ihenrr
h'1�f=:1I'I Itlfall(—Ui—t\'a•1\' C� t!.S. t2(allto 0 1or tho Imor Its II(ib'lii,'
;!i10 1l1' 1 o" L. — 101 1 . I i ' Its a `'. I!. 11. Muimnicnt ; t heiive
I It Or)1 ' 14" I: - 426. 50' to a \'.I►.II. Monunic tir ; thence S 311102' 1 1 " 1:
i .1.18' t o all i rmi pin ,;et ; t hoiive 14 °Z4' 37" F. - 74 1 . 5 5' to
1 ` It I Its, . . . . . . . 1 I . H43 ac•resl
..��•ci IJ(Iv(�mhrr ll,'lytt5
k't•t• Ira r�c1 1fy .
Grootlwa} 17110riverinh b Slirveyiny, Co., Inc.
l:inrhvsLer, Virginia
is f r
u K fiN11E��.A6 1NIA FM ERICK CJUJfis"f
'���,T:.is instrument of writing was produced to me o.i�t�►r
: yi 1.2 + :( 1.., 7�fj da of�.�Oa /rI
6' ►d with certificat f ackno ,dgment thereto annexed .�
'f.mitted to rocord..Tax imposed dy Sic. cid-A.1 of
^'''�• 00 , -and 5c3-54 have been paid, if a.se:s..t,
C1911
PC review 7/18/90
,,PC review 8/1/90
Bos review 8/8/90
BOS review 9/12/90
BOS review 9/26/90
REZONING APPLICATION #006-90
KATHRYN M. PERRY
TO REZONE
56.386 acres
from RA (Rural Areas) to B-2 (Business General)
2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial)
1.489 acres
from M-1 (Light Industrial) to B-2 (Business General)
LOCATION: Approximately 2.5 miles Southeast of Winchester on Route
50. Adjacent to Winchester Building Supply site and across Route
50 from Westview Business Center.
MAGISTERIAL DISTRICT: Shawnee
TAX MAP & PARCEL NO.: Tax map 65, parcel no. 116
PRESENT ZONING & LAND USE: RA, Rural Areas
ADJACENT ZONING & LAND USE: Business and vacant uses zoned B-2
Business General, M-1 Light Industrial, and RA Rural Areas
PROPOSED USE: Retail or Office Commercial Uses
REVIEW EVALUATIONS:
Parks & Recreation - No comments.
Health Department - No objection as long as central water and
sewer facilities provided.
Winchester Regional Airport - See comments attached.
Frederick Co. Sanitation - The nearest sanitary sewer is
approximately 350 feet from the entrance of the proposed
business park. If the tract is serviced through this route,
the existing pump stations would have to be evaluated for
needed grading. A twelve -inch water line is located about 350
feet from the proposed entrance to this property.
Inspections Dept. - Shall comment on Building Use Group at the
time of structural plans review.
Va. Dept. of Transportation - No objection to rezoning of this
property. Before development, this office will require a
complete set of construction plans detailing entrance design,
drainage features, and traffic flow data from the I.T.E. Trip
Generation Manual, Fourth Edition for review. Any work
performed on the State's right-of-way must be covered under
a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
Planning and Zoning - The following issues should be
considered:
Location: The site is located on the boundary of the urban
development area. It might be considered to be just beyond
and adjacent to the urban development area. However, it is
the opinion of the staff that the site does conform with the
business corridor concept in the plan. Land zoned B-2 and M-
1 is located immediately across Route 50. It is the opinion
of the staff that the site is in the Route 50 business
corridor but that the business corridor does not extend beyond
this area to the east.
Site Suitability: The site has contained rolling to steep
terrain. Shale has been removed from the site under a
conditional use permit and substantial leveling and grading
has occurred. The site is generally suited for business
development. Sewer and water are available across Route 50
in the Westview Industrial Park. The site is located across
Route 50 from the entrance to the Westview Park. This will
result in a major intersection at this location.
Impacts: The site drains primarily towards Route 50 and
towards the east. Substantial stormwater controls will be
required. Industrial uses are located to the west. Some
residential uses are located to the northwest. Appropriate
buffers and screens may be required.
Development of the site for B-2 uses will result in
substantial traffic impacts. B-2 uses may generate over
201000 average daily trip ends at this site. The applicant
has proffered that the entrance to the site will be via a four
lane road entering Route 50 opposite from the Westview Center
entrance. The entrance will be built and dedicated as a state
road for approximately 650 feet to the entrance of the site
as shown on a generalized development plan. The applicant
proffers to reserve for dedication a 70 foot right of way to
the northern boundary of the property. This road will provide
for a major collector connection in conformance with the
Comprehensive Plan.
The applicant has proffered to construct a right turn
deceleration lane along the northeast side of Route 50. The
length of this deceleration lane is not specified.
Development of this site and the Westview Center will result
in a substantial intersection with high levels of traffic and
frequent turning movements. Concerns should be expressed that
the intersection be adequately designed in the future with
adequate turning lanes and traffic controls. A more detailed
analysis described how appropriate levels of service will be
maintained would be appropriate at some point in the
development process.
Conclusions: It is the opinion of the staff that the rezoning
is in conformance with the business corridor concept in the
Comprehensive Plan. Access proffered is in conformance with
the road plans in the Comprehensive Plan. Concern should be
expressed over potential traffic impacts and the need to
appropriately design and construct the intersection to
maintain appropriate levels of service.
PLANNING STAFF RECOMMENDATION - JUNE 28 1990• Approval with
acceptance of proffers.
PLANNING COMMISSION RECOMMENDATION - JULY 18, 1990: Tabled to
8/1/90 by the following vote:
YES (TO TABLE): Marker, Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Romine, Thomas
NO• Rinker
ABSTAIN: Wilson
PLANNING COMMISSION RECOMMENDATIONS - AUGUST 1, 1990: Unanimous
approval with acceptance of proffers. (Mr. Wilson abstained)
BOARD OF SUPERVISORS ACTION - AUGUST 8, 1990: Tabled
BOARD OF SUPERVISORS ACTION - SEPTEMBER 12, 1990: Tabled
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission Approval on August 8, 1990
Board of Supervisors Approval on September 26, 1990
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#006-90 of KATHRYN M. PERRY
WHEREAS, Rezoning application #006-90 of Kathryn M. Perry to
rezone 56.386 acres from RA (Rural Areas) to B2 (Business General)
and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and
1.489 acres from M1 (Light Industrial) to B2 (Business General)
located approximately 2.5 miles southeast of Winchester on Route
50 and designated as Parcel 116 on Tax Map 65 (65000-A00-0000-0000-
0116-0) in the Shawnee District, was referred to the Planning
Commission on July 18, 1990; and,
WHEREAS, the Planning Commission held a public hearing on this
application on July 18, 1990; and 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 August 8, 1990; and 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;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board
of Supervisors as follows:
Page 2
Rezoning #006-90
Kathryn M. Perry
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 56.386 acres
from RA (Rural Areas) to B2 (Business General) and 2.251 acres from
RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1
(Light Industrial) to B2 (Business General) located approximately
2.5 miles southeast of Winchester on Route 50, and designated as
Parcel 116 on Tax Map 65 in the Shawnee Magisterial District and
described by the application and plat submitted, subject to the
following conditions voluntarily proffered in writing by the
applicant and property owner as follows:
PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO. 006-90
Revised 9/14/90
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number 006-90, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned.
In the event the Frederick Countv Board of Supervisors grants said rezoning to
B-2 and accepts these conditions, the following proffered conditions shall apply
to the land rezoned in addition to other requirements set forth in the Frederick
County Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route
50 at a point opposite the existing entrance to Westview Business Center. Upon
rezoning approval and upon development, the owner will transfer to the
Virginia Department of Highways or to the County of Frederick, as designated by
the County of Frederick, by deed in such form as directed, the seventy foot (70')
fee simple as shown on said plat as running from Route 50 to the lands of
Donald W. and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the
rezoned property, the highway as shown on the Generalized Development Plan
from points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown
on said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on
the generalized development plan will be constructed by the owner of the land
in question. This construction will be at the expense of the applicant/property
owner. The said road connection from B to C will be constructed in
associationwith any subdivision or site plan development within the
development phase containing said road connection as shown on the approved
master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed
underground. The development area is the area bounded by the limits of this
proposed rezoning and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00, in cash, at the time of transfer
of the first building lot or issuance of the first grading permit and an additional
$5,000.00, in cash, at the time of the second building lot or issuance of the second
grading permit to the Greenwood Fire Company in order to provide for the
expanded commercial zoning fire needs. Should the entire site be transferred
one parcel, the Appliant will make a $10,000.00, in cash, donation to the
Greenwood Fire Company to be used for their needs.
Kathryn M. Perry
• 0
This ordinance shall be in effect upon its passage.
Passed this 26th day of September, 1990.
A Copy Teste
John R Ri e�, J .
Frederick County Administrator
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number 0016'90 Date Received 5-t4-90
Submittal Deadline Application Date
PC Hearing Date 10c;dfl BOS Hearing Date
AilL In-Gk--&JI_gi- - - ----------------------------------
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: G.W. Clifford & Associates, Inc.
Address: 200 N. Cameron St. Winchester, Va 22601
Telephone: (703) 667-2139
2. Owner:
Name: Ferman W. & Kathryn M. Perry
Address: Rt. 6,Box 152-A Winchester, Va 22601
Telephone: (703) 667-4310
In addition, the Code of Virginia allows us to request full dis-
closure of ownership in relation to rezoning applications. Please
list below all owners or parties in interest of the land to be re-
zoned:
Ferman W. & Kathryn M. Perry
3. Zoning Change: It is requested that the zoning of the property
be changed from RA to B-2.
4. Location: The property is located at (give exact directions):
Approximately 2 5 miles Southeast of Winchester on Rte. 50
Adjacent to Winchester Building Supply site and across Rte.
50 from Westview Business Center.
0
5. Parcel Identification:
21 Digit Tax Parcel Number: 65000-A00-0000-0000-01160
6. Magisterial District: Shawnee
7. Property Dimensions: The dimensions of the property to be
rezoned.
Total Area: 60.12 Acres
The area of each portion to be rezoned to a different zoning
district category should be noted
56.386 Acres Rezoned from RA to B-2
2.251 Acres Rezoned from RA to M-1 (Land Exchange)
1,489 Acres Rezoned from M-1 to B-2 (Land Exchange)
Frontage: 1259.49 Feet
Dept: 1451.39 Feet _(varies)
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: James B. Marbert, et als
Deed Page: 164
Deed Book Number: 609
9. Proposed Use: It is proposed that the property will be put to
the following uses:
Retail and/or Office/Commercial
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
V mpact Analysis Statement
✓Proffer Statement
0 0
P�
•
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 o my (our) knowledge.
Applicant:
Owner:,��7,�
12.Representation:
If the application is being represented by someone other than
the owner or application and if questions about the application
and if questions about the application should be directed to
that representative, please list the following.
Representative's Name: G.W. Clifford & Associates,Inc.
Charles E. Maddox, Jr.
Representative's Phone Number: (703) 667-2139
Owners of the Property adjoining the land will be notified of the public
hearing. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any prop-
erty directly across the road from the requested property. The applicant
is required to obtain the following information on each adjoining property
including the 21-digit tax parcel identification number which may be ob-
tained from the office of the Commissioner of Revenue.
Name: David C. & Carol Ann Robinson
Address: P.O. Box 3793 Winchester, Va 22601
Property I.D.#: 65000-A00-0000-0000-0103A
Name: Donald W. & Melvina M. Moulden
Address: 932 Allen Drive Winchester, Va 22601
0 0
Property I.D.##: 65000-A00-0000-0000-01020
Name: Perry Properties
Address: Rt, 6,Box 152-B Winchester, Va 22601
Property I.D.##: 64000-A00-0000-0000-01580
Name: George W. & Carolyn G. Glaize
Address: 817 Dutton Drive Winchester, Va 22601
Property I.D.#: 64000-A00-0000-0000-0159E
Name: O'Sullivan Corporation
Address: P.O. Box 3510 Winchester, Va 22601
Property I.D.$#: 64000-A00-0000-0000-0159H
Name: Katie B. & Robert Anthoney
Address: P.O. Box 302 Winchester, Va 22601
Property I.D.##: 65000-A00-0000-0000-01130
0 0
Enuironmental & Planning Impacts
for
Perry Property
May 1990
Introduction
The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate
the above referenced project in light of several major planning issues, as outlined and
required by the Frederick County Board of Supervisors. This document is prepared in
support of and in preparation to rezone the property from present Agricultural
Performance (RA) to General Business (B-2).
1) Traffic Imp
Utilizing a FAR of 33% the estimated leaseable floor area is 850,000 sq. ft. At this
amount of retail floor space, 21,937 trips to the site per weekday would be created. Many
of these trips already exist on Route 50, so increased traffic loading on adjacent street will
be significantly less than the 21,937 figure. The site is ideally suited for access at the
intersection of Independence Drive and U.S. Route 50.
�• ..- .� .� .�• a-� u..
The sewage from this project will flow by gravity to a pump station to be located
somewhere in the northeastern end of the site. The sewage would then be pumped either to
the Route 50 Master Lift Station, or to the pump station serving the Westview Business
Center south of U.S. Route 50. The Westview Station pumps eventually to the Master Lift
Station. From Route 50 the sewage is pumped to the Opeqoun Regional Facility. A decision on
the destination of sewage from this site will be made in master development phases. Flows
generated from this complex are estimated by the State Health Department at 170,000
(200gpd/1000SF) gallons per day, with an instantaneous flow at peak of 300 gallons per
minute. In some cases, existing facilities would need upgrading to ensure their capability to
handle this additional flow, the regional sewer plant does however have existing capability to
treat and discharge this flow in satisfactory manor.
This project would connect to the existing 12" water supply system located in
Westview Business Center. There are no known limitations in the water system which
would preclude the use of the property as shown. The project will utilize the same amount
of water as projected in sewage flow or 170,000 gallons per day.
4. Education Cost:
This project will generate no school children and therefore have no effect on
educational cost in Frederick County. It will generate tax revenues with a net worth of
approximately $60.00 per square foot or a tax base of $51,000,000.00 which totals at a
tax rate of $.60 per $100.00, approximately $306,000 per year of tax revenue. This
would be without the need for expenditures other than Sheriff protection.
0
5. Parks and Recreation Cost:
This project would result in no impact on Parks and Recreation budget.
6. Drainage Facility Impacts:
The development of commercial in lieu of agricultural will increase run off in small
amounts over that which would be created in residential use. It is recommended that either
suitable green space be allowed to reduce run off amounts or that the increased run off would
be reduced prior to discharge from the site. In lieu of the above, additional storm water
detention calculations should be presented with final design which would show no adverse
impacts created by the imposition of this increase storm water on the existing downstream
water course. If required storm water detention structures will be designed to limit post -
development flows to pre -development levels in accordance with state regulations.
7. Emergency Services Cost:
Sheriff protection will be required by this facility. Routine patrols of the Business
Park areas should suffice for the majority of time and materials necessary to cover this
facility also. Special patrols and activities may include a total of 4 hours per week. Special
coverage at $50.00 per hour would involve approximately $10,400.00 per year. There
should be no other impacts on emergency services.
•• •
Solid waste will be exported by contract hauler at no cost to the Frederick County
Landfill. ,I
9. Environmental Impact
There will be certain minor negative impacts due to the construction activity
including run off sediment, noise and traffic movements. These are to be minimized by
proper compliance with local and state laws for environmental protection. A minor increase
in run off quantity and a decrease in quality is probable from this development. The effects
on the down -stream impoundment and stream are minimal and in accordance with local and
state regulations. There is no known loss of irretrievable resources involved with this
project. There are no known endangered species of fauna, flora or wildlife which will be
effected by this project. Ground water and air quality should be unaffected. A minor impact
of a negative nature is associated with lighting for security and business use. These should
be closely controlled during planning stage to minimize the adverse impacts on adjacent
residential structures and impacts on the traveling public.
Mentioned above is the positive impact on the County financial picture. No other
impacts were noted.
This project will not involve the loss of any historic sites or artifacts that are
known. The area has been significantly developed on all sides and no such findings of historic
importance has been identified.
Charles E. Maddox, Jr., P.E., V. P.
G. W. Clifford & Associates, Inc.
Consulting Engineer
CEM/klf
0 0
,• or
PETER B. MCHEE 19:34 1967
BENJAMIN M.BUTLER
STEPHEN G. BUTLER
MICHAEL L. BRYAN
12 3 qS6
�3 -o
NICKEE AND BUTLER RECEIVED
UL'I" ' V
EDto
ATTORNEYS AT I.AW N FREDERIC K COUNTY
11 SOUTH CAMERON STREET � Administrators Offisi
P. O. DRAWER 2097 By
WINC'HESTER, VIRGUNIA 2-..601 -1,297
AREA E'QT3Pyy`703
i TEM PHONE 662-3486
FAX 703-722-3787
June 2q , 19 9 0 PLEASE REPLY TO:
P. O. DRAWER 2097
John C. Riley, Jr.., County Administrator
9 Court Square
Winchester, Virginia 22601
Re: My File No. 2339(1)
Westview Business Centre
Dear John:
It is my understanding that 7-,rWjTW-eering is
applying for rezoning on the property opposite the Westview
Business Centre.
There are two requests of the developer, George W.
Glaize, Jr., which are as follows:
(1) There should be a proffer from Perry Engineering
that in the event the development which it plans at the
location generates traffic and/or an accident experience rate
that requires the Virginia Department of Transportation to
place a traffic light at the location, then Perry Engineering
should share proportionate with any other landowners/developers
who contribute to the traffic or accident rate.
(2) In the event that Perry Engineering places its
utilities underground, then Glaize would cause the electric
lines to be placed underground up to the intersection of
Victory Lane. The benefit to the County would be that it would
provide electric lines to be underground for businesses along
Route 50 starting with these two business locations. It is
something that the County could then bear in mind in future
years as development evolves along the Route 50 corridor making
a much more presentable entrance to the County on that Route.
I*
John C. Riley, Jr., County Administrator
June 29, 1990
Page Two
Thank you for your consideration in this matter.
Very truly yours,
McKEE and BUTLER
BE JAMIN M. BUTLER
BMB:dhc
cc: Mr. George W. Glaize; Jr.
ENW00
G� 0
FIRE EDEPARTMENT
Greenwood V otun AT
�J- 9 O
Fire Company
G. W. Clifford & Sons
Att: Chuck Maddox
20 S. Cameron St.
Winchester, VA. 22601
Dear Mr. Maddox:
P. O. Box 3023
Wi=h=rer, Virginia 22WI
August 17, 1990
As I am sure you are aware, the Greenwood Volunteer Fire
Company has reviewed your latest offer to contribute $5000.00 to
our company to assist us in providing fire and emergency medical
services to the development you are proposing for the Perry Property
(case numbers 006-90). Given the enoromous costs of Providing and
maintaining fire and rescue apparatus and equipment as well as our
facility costs, we do not feel that the current level of contribution
being offered represents an adequate level of support for our service,
given the size and scope of development being planned.
Since our last correspondence, we have researched fire and
rescue proffer systems used in other jurisdictions to determine the
type and level of proffers being sought by other volunteer fire and
rescue companies. While we have found the level of contribution we
are seeking to be in line with other requests, we have found that our
solicitation has been somewhat insensitive to the owner's cash flow
requirements in getting a project of the nature started. It is not
our intention nor desire to create a financial hardship for a property
owner who is working to bring clean industry and jobs to Frederick
County.
We have learned from others that in many cases a landowner/
developer is more concerned about the timing of when a contribution is
made than the actual level of financial assistance sought. With this
in mind, we have re-evaluated our orginial recommendation and we would
like to offer the following for your consideration:
* An "up front" one time contribution of $5,000.00 for each
building lot to be developed would be donated to our
company. The timing of each contribution could occur as
each lot is sold or when a building permit is issued for
each site. Should Mrs. Perry sell the entire property
at one time, the total contribution could be made after
the sales transaction is complete.
�r R EENWO�0 0 GVOL
FIRE DEPARTMENT
cr CQ i
0 Greenwood Votunt*4,,er .Fire
P. O. Box 3023
Wi=h=ter, Virginia 22601
Company
* In order to aide our continuing capital needs in the
future, we would also ask that you consider the inclusion
of a clause within a sale or lease contract that would
obligate each owner/tenant to make an annual contribution
to our company of $.05 per gross square foot of floor
space owned or occupied. Such contribution would be
payable by each owner/tenant on or about July 1 of each
year. This contribution would be prorated for partial
year occupancy.
* We would also ask that any proffer committment made to
us be required to transfer to subsequent owners or
developers.
On behalf of the officers, men and women of the Greenwood
Volunteer Fire Company, I would like to thank you and Mrs. Perry for
your patience, understanding and sincere consideration of'our needs.
As you know, development proffers are new to fire and rescue and this
has been a tremendous learning experience for our company.
If I can be of any assistance to you as you consider our
needs, please do not hesitate to contact me.
Sincerely,
William (Bill) Schuller
President
cc: Robert W. Watkins, Director
Planning & Development
Thomas W. Owens, Director
Fire & Rescue Department
John Riley,
County Administrator
r W 0 0
c =
T(-II5 ! S M 67 vle
PROFFER 1 PO 1 C r Vt _S % O#J
PERRY PROPERTY REZONING REQUEST
CASE NO. 006-90
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number 006 — 90 _, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned. In
the event the Frederick County Board of Supervisors grants said rezoning to B-2
and accepts these conditions, the following proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Code:
1. As shown on the attached plat, access to i',. ^ property to be developed
will be by a 4 lane divided road entering Route 50 from ;:he north side of Route 50 at
a point opposite the existing entrance to Westview BuE Liess Center. Upon rezoning
approval and upon development, the owner wil transfer to the Virginia
Department of Highways or to the County of Frederick, as designated by the
County of Frederick, by deed in such form as directed, the seventy foot (70') fee
simple as shown on said plat as running from Route 50 to the lands of Donald W.
and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the rezoned
property, the highway as shown on the Generalized Development Plan from
points A to B.
( 0• k
4)
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the decelE!ration lane and entrance shown on
said Generalized Development Plan on the :northeast side of Route 50 at the
entrance of the road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on the
generalized development plan will be constructed by the owner of the land in
question. This construction will be at the expense of the applicant/property owner.
The said road connection from B to C will be constructed in associationwith any
subdivision or site plan development within the development phase containing
said road connection as shown on the approved master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed underground.
The development area is the area bounded by the limits of this proposed rezoning
and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00 in cash, at the time of issuance
of the first grading permit, to the Greenwood Fire Company in order to provide for
the expanded commercial zoning fire needs.
Kathryn M. Perry
Is4' 9�7
PERRY PROPERTY REZONING REQUEST
CASE NO.
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number _, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned. In
the event the Frederick County Board of Supervisors grants said rezoning to B-2
and accepts these conditions, the following proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at
a point opposite the existing entrance to Westview Business Center. Upon rezoning
approval and upon development, the owner will transfer to the Virginia
Department of Highways or to the County of Frederick, as designated by the
County of Frederick, by deed in such form as directed, the seventy foot (70') fee
simple as shown on said plat as running from Route 50 to the lands of Donald W.
and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the rezoned
property, the highway as shown on the Generalized Development Plan from
points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown on
said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on the
generalized development plan will be constructed by the owner of the land in
question. This construction will be at the expense of the applicant/property owner.
The said road correction from B to C will be constructed in associationwith any
subdivision or site plan development within the development phase containing
said road correction as shown on the approved master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed underground.
The development area is the area bounded by the limits of this proposed rezoning
and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00 in cash, at the time of issuance
of the first grading permit, to the Greenwood Fire Company in order to provide for
the expanded commercial zoning fire needs.
0
C7
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703/667-0370
September 27, 1990
G. W. Clifford & Associates
Attn: Mr. Charles E. Maddox, Jr.
P.O. Box 2104
Winchester, Virginia 22601
Dear Chuck:
This letter is to confirm action taken by the Frederick County
Board of Supervisors at their meeting of September 26, 1990.
Approval was granted to Kathryn M. Perry, rezoning application
#006-90, to rezone 56.386 acres from RA (Rural Areas) to B-2
(Business, General), 2.251 acres from RA (Rural Areas) to M-1
(Light Industrial) and 1.489 acres from M-1 (Light Industrial) to
B-2 (Business, General) for retail or office commercial uses.
This property is located approximately 2.5 miles southeast of
Winchester on Route 50, adjacent to Winchester Building Supply site
and across Route 50 from Westview Business Center in the Shawnee
Magisterial District and is identified as parcel 116 on tax map 65.
If you have any questions regarding the approval of this rezoning
application do not hesitate to call this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/slk
cc: Kathryn M. Perry
Esten Rudolph, Commissioner of Revenue
Roy Jennings, Commissioner of Revenue's Office
George Whitacre, Clerk of Circuit Court
C. William Orndoff, Jr., Treasurer
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
M N
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703 / 667-0370
September 17, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Kathryn M. Perry
Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386
acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres
from M-1 (Light Industrial) to B-2 (Business, General). The
proposed use is retail and/or office/commercial. This property is
located approximately 2.5 miles southeast of Winchester on Route
50 across from Westview Business Center in the Shawnee Magisterial
District and is identified as parcel 116 on tax map 65.
This rezoning request will be considered by the Frederick County
Board of Supervisors at their meeting of September 26, 1990 at 7:15
p.m., in 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 certify that the attached correspondence was mailed to the following on
September 17, 199(fre Department of Planning and lopment, Frederick
County, Virginia:
Ile* 40
G. W. Clifford t Associates
Attn: Tom! 'Price
P.O. Box 2104
Winchester, Va. 22601
Kathryn M. Perry
Route 6, Box 152-A
Winchester, Va. 22601
David C. Robinson
Rt. 6, Box 223
Winchester, Va. 22601
Donald W. Moulden, Sr.
932 Allen Dr.
Wfiinchester, Va. 22601
Perry Properties
Route 6, Box'152-B
Winchester, Va. 22601
George W. Glaize, Jr.
817 Dutton Place
Winchester, Va. 22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
O'Sullivan Corp.
P.O. Box 3510
Winchester, Va. 22601
Katie B. & Robert Anthony
P.O. Box 302
Winchester, Va. 22601
i
Robe W. Watkins, Director
Frederick County Dept. of Planning
I, Debi D. Swimley , 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 September 17, 1990 , has personally appeared before me and
acknowledged
the same in my
state
and
county
foresaid.
Given under
my hand this
17
day
of Septmeber
1990•
My commission expires on September 30, 1993
NOTARY PUBLIC
rl
donchester Regional Airport
Comments
The developer shall comply with the provisions of the Frederick
County Airport Zoning District (AP-1) and the following Codes of
Virginia: Q�
Title 15.1 Code of Virginia, Section 489 (Purpose of Zoning
Ordinances) and Section 491.02 (Airport Safety Zoning).
Title 5.1 - 25.1 Code of Virginia (Permits Required for Erection r
of Certain Structures.)
Engineers, architects, contractors and developers must be aware
that as Winchester Regional Airport Expands services and
operations, noise associated with such expansion may increase.
Although zoning may soon be suggested to -,,Consideration should
be given to insulating new and existing structures located within
one half (1/2) mile of the end of the airport runway and 1,000
feet either side of an imaginary extended center line of the
airport runway.
Sl1GBEST IONS:
New Construction
For new sound -insulated construction, design considerations often
include: using brick or concrete masonry walls, staggering
studs, insulation and fiberboard under interior and exterior
finish materials; installing attic space insulation; properly
baffling vents; avoiding single joint roof construction where
interior and exterior materials are attached to the same rafters;
avoiding exposed rafter ceilings; mortar should be free of pin
holes and all joints should be well sealed.
Existing Construction
For rehabilitation of existing buildings, soundproofing
rviodif icat ions include: replacement of existing windows with
windows of greater sound transmission coefficient (STC) rating,
=.r, :adding a second layer of glass; upgrading doors and seals;
aCoUstic baffling of vents; adding insulation to walls and attic
spaces; adding another layer of wall material to existing walls,
in effect creating a two -panel wall; eliminating windows and
filling the space to match exterior walls.
1
•
•
Winchester Regional Airport
ATTN: Kenneth F. Wiegand, Executive Director
Route 1, Box 208-A, Winchester, Virginia 22601
(703) 662-2422
The Winchester Regional Airport is located on Route 645, off of
Route 522 South, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
Ferman W. & Kathryn M. Perry
Rt. 6,Box 152-A Winchester,ya 22601 (703) 667-4310
Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester,ya 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center.
Winchester Regional Airport Comments:
S�-k c� Gvl - -
Airport Signature & Date:
(NOTICE TO AIRPORT - PLEASE TURN THIP FORM TO THE AGENT.)
)�o
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, impact analysis,
location map and all other pertinent information.
4/12/90
0
g. w. clifford & associates, Inc.
200 North Cameron Street
P.O. Box 2104
Winchester, Virginia 22601
703-667-2139
Fax: 703-665-0493
September 18, 1990
Frederick County Board of Supervisors
9 Court Square
Winchester, Virginia 22601
Re: Kathryn Perry Property
U.S. Route 50, Frederick Co., Va.
Gentlemen,
Attached is a revised proffer which has been submitted to the County Planning
staff seven days prior to your hearing this case again at your September 26
meeting. We are forwarding this copy to you in order that you may have the
maximum amount of time to review this issue.
After the meeting last Wednesday, Mrs. Perry and I spoke with Mr. Bill Schuler,
Chief of Greenwood Fire Company. As a result of this conversation, Mrs. Perry
agreed to double the size of her proffer to the fire company in a form indicated by
this proffer. Since all other proffers and conditions of this approval seem to be in
compliance with your needs and desires for approval, we trust this additional
proffer will satisfy the unanswered question involving fire and safety.
Mrs. Perry has indicated to me, beyond my doubt, that this is as far as she can go
regarding additional proffers. We have consistently maintained that this
important commercial addition to the available economic development sites in
Frederick County will more than pay its way in tax revenues and thereby afford
the ability to cover impacts such as we're discussing. In line with being a good
•
neighbor, it has been Mrs. Perry's desire to support this very needed and
overworked volunteer organization, who do so much for the quality of life in
Frederick County.
Please accept these proffers in the true spirit and intent of the conditional zoning
process. We will request your approval of this rezoning at the September 26
meeting and we look forward to seeing you then. Should you have any
questions or comments regarding this or any other aspect of this project please do
no hesitate to call.
Sincerely yours,
C. E. Maddox, Jr., P. P.
G. W. Clifford & Associates, Inc.
CEM/ckd
cc: Mr. Kathryn Perry
Mf:-:BbbLWatk ns
This letter forwarded to following Board Members on September 18, 1990:
Mr. Kenneth Y. Stiles
Mr. Robert M. Rhodes
Mr. Dudley H_ Rinker
Mr. Roger L.Crosen
Mr. W. Harrington Smith, Jr.
Mr. Charles W. Orndoff, Sr.
4
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703/667-0370
August 29, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Kathryn M. Perry
Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386
acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres
from M-1 (Light Industrial) to B-2 (Business, General). The
proposed use is retail and/or office/commercial. This property is
located approximately 2.5.miles southeast of Winchester on Route
50 across from Westview Business Center in the Shawnee Magisterial
District and is identified as parcel 116 on tax map 65.
This rezoning request will be considered by the Frederick County
Board of Supervisors at their meeting of September 12, 1990 at 7:15
p.m., in 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 certify that the attached correspondence was mailed to the following on
August 29, 1990 frr�the Department of Planning and �velopment, Frederick
County, Virginia:
G. W. Clifford & Associates 4 ! "
Attn : Tom Price
P.O. Box 2104 t•d'I'1'ef"t II'":''t'1"! :It Vr•'a
Winchester, Va. 22601
Ferman W. & Kathryn M. Perry
Route 6, Box 152-A
Winchester, Va. 22601
C7C)C}A
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VA
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, Debi D. Swimley
.. .. .... 21, Ca i....
i•`�h!"f'!^ICYi lY', Ki- t•:I N: 1'3„ ?.•< 1 C7�}tl ;f2 Y
6d:I:i!C:;I•li;::;i;"{`I:::i2, iJr.)
- � � /' 1�'�4
Ro ert 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 August 29, 1990 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 29th day of August
My commission expires on September 30, 1993
L'"- . ,
NOTARY PUBLIC
1990
G EE"OLNWO p0Greenwood V o ZunL-er Fire
FIRE DEPARTMENT
P. O. Box 3023
Winchester, Virginia 22.601
July 13, 1990
Mr. Robert Watkins
Planning Director
Frederick County, Virginia
Dear Mr. Watkins:
Company
The Greenwood Volunteer Fire & Rescue Co would like to
offer the following proffer for th REP911IRMUFvelopment
being rezoned on Route 50 East.
It being very hard to visualize the impact Business and
Industry would have on Fire & Rescue services, until they are in
place we can only look at a past experience and estimate. Therefore
we would like to offer .10G per square foot donation at the beginning
payable to Greenwood Volunteer Fire Company and a .04C per square
foot donated annually thereafter. This part would be paid to the
Treasurer of Frederick County, Virginia, to be drawn by Greenwood
Volunteer Fire Company for equipment needs until which time another
Volunteer Company were to organize in the Route 50 East coordor at
which time they would have access to these funds.
Thank you for your consideration to this matter.
Sincerely,
Wanda Cunningham,Secretary
Greenwood Volunteer Fire & Rescue Co., In
Board of Directors
JUL
i Lrjt Az,
EENWOO�
�R Gremwood Volunteer Fire
FIRE DEPARTMENT
�� P. O. Box 3023
WindLester, Virginia 22601
FREpE4jC� �P
cc
Company
July 31, 1990
The Greenwood Volunteer Fire Company has a great interest in the growth
of Business and Industry in our protection district. We are ever aware
of the mutual need we have for each other. We have worked very close
with many of our established Business Groups to assist them with their
fire safety programs and safety programs.
We do not separate our calls in categories such as business establish-
ment or light industrial calls, and time did not permit us to hand sort
each report to give you a projected impact figure. We chose one Indus-
try Business to give you input on calls made to such establishments.
We chose a new modern facility in our district. In 1989 Greenwood ans-
wered calls on January 11, 19 and 24; Feb. 2; March 17; April 18, 20 and
22; May 8 and 28; and on Aug. 9 to the Winchester Fredrick Co. Waste
Water Treatment Facility. This came to a total of eleven calls during
the year. At a cost of $223.00 per call this facility cost us $2,453.00.
We had other business which required our service more and others with
less.
Business and Industry are very hard to project emergency service impact
without such information such as building height, fire, load, etc. which
could require a very flexible amount of service. Therefore the only fair
and reasonable donation calculation would be based on square feet of
floor space, .10( per square foot in the beginning and .04c per square
foot each year thereafter should provide protection costs to cover this
range.
Board of Directors
Greenwood Vol. Fire & Rescue
r
PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO.
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number _, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned. In
the event the Frederick County Board of Supervisors grants said rezoning to B-2
and accepts these conditions, the following proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at
a point opposite the existing entrance to Westview Business Center. Upon rezoning
approval and upon development, the owner will transfer to the Virginia
Department of Highways or to the County of Frederick, as designated by the
County of Frederick, by deed in such form as directed, the seventy foot (70') fee
simple as shown on said plat as running from Route 50 to the lands of Donald W.
and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the rezoned
property, the highway as shown on the Generalized Development Plan from
points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown on
said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on the
generalized development plan will be constructed by the owner of the land in
question. This construction will be at the expense of the applicant/property owner.
The said road correction from B to C will be constructed in associationwith any
subdivision or site plan development within the development phase containing
said road correction as shown on the approved master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed underground.
The development area is the area bounded by the limits of this proposed rezoning
and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00 in cash, at the time of issuance
of the first grading permit, to the Greenwood Fire Company in order to provide for
the expanded commercial zoning fire needs.
JUL 29,1920
PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO.
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number
, referred to as the Perry property
rezoning, and the applicant for said rezoning, hereby voluntarily proffer the
following conditions. The conditions proffered shall be binding upon the heirs,
executors, administrators, assigns, and successors in interest of the undersigned. In
the event the Frederick County Board of Supervisors grants said rezoning to B-2
and accepts these conditions, the following proffered conditions shall apply to the
land rezoned in addition to other requirements set forth in the Frederick County
Code:
1. As shown on the attached plat, access to the property to be developed
will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at
a point opposite the existing entrance to Westview Business Center. Upon rezoning
approval and upon development, the owner will transfer to the Virginia
Department of Highways or to the County of Frederick, as designated by the
County of Frederick, by deed in such form as directed, the seventy foot (70') fee
simple as shown on said plat as running from Route 50 to the lands of Donald W.
and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the rezoned
property, the highway as shown on the Generalized Development Plan from
points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance shown on
said Generalized Development Plan on the northeast side of Route 50 at the
entrance of the road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall be at
no cost to the County of Frederick and State of Virginia, and shall be contingent
upon rezoning approval.
5. A two lane road section for acceptance by VDOT from B to C shown on the
generalized development plan will be constructed by the owner of the land in
question. This construction will be at the expense of the applicant/property owner.
The said road correction from B to C will be constructed in associationwith any
subdivision or site plan development within the development phase containing
said road correction as shown on the approved master development plan.
6. Normal usage electrical and telephone systems required within the
development area for service to the individual uses, will be placed underground.
The development area is the area bounded by the limits of this proposed rezoning
and adjacent rights -of -way.
7. The applicant desires to donate $5,000.00 in cash, at the time of issuance
of the first grading permit, to the Greenwood Fire Company in order to provide for
the expanded commercial zoning fire needs.
MCKEE AND BUTLER
ATTORNEYS AT LAW
Il SOUTH CAMERON STREET
P. O. DRAWER 2097
WINCHESTER, VLROLNIA 22601 -1297
PETER H. McKEE r1974 1067,
BENJAMIN M. BUTLER
STEPITEN G. BUTLER
MICHAEL L. BRYAN June 2q , 19 9 0
John C. Riley, Jr., County Administrator
9 Court Square
Winchester, Virginia 22601
Re: My File No. 2339(1)
Westview Business Centre
Dear John:
-7-C
AREA CODE 703
TELEPHONE 662-3486
FAX 703-722-3787
PLEASE REPLY TO:
P. O. DRAWER 2097
It is my understanding that Perry Engineering is
applying for rezoning on the property opposite the Westview
Business Centre.
There are two requests of the developer, George W.
Glaize, Jr., which are as follows:
(1) There should be a proffer from Perry Engineering
that in the event the development which it plans at the
location generates traffic and/or an accident experience rate
that requires the Virginia Department of Transportation to
place a traffic light at the location, then Perry Engineering
should share proportionate with any other landowners/developers
who contribute to the traffic or accident rate.
(2) In the event that Perry Engineering places its
utilities underground, then Glaize would cause the electric
lines to be placed underground up to the intersection of
Victory Lane. The benefit to the County would be that it would
provide electric lines to be underground for businesses along
Route 50 starting with these two business locations. It is
something that the County could then bear in mind in future
years as development evolves along the Route 50 corridor making
a much more presentable entrance to the County on that Route.
John C. Riley, Jr., County Administrator
June 29, 1990
Page Two
Thank you for your consideration in this matter.
Very truly yours,
McKEE and BUTLER
BE JAMIN M. BUTLER
BMB:dhc
cc: Mr. George W. Glaize, Jr.
G�EENOL •
FIRE DEPARTMENT
Greenwood Votunfer .Fire Company
P. O. Box 3023
Winchester, Virginia 226,01
July 13, 1990
Mr. Robert Watkins
Planning Director
Frederick County, Virginia
Dear Mr. Watkins:
The Greenwood Volunteer Fire & Rescue Company would like to
offer the following proffer for the _M pptir1 Development
being rezoned on Route 50 East.
It being very hard to visualize the impact Business and
Industry would have on Fire & Rescue services, until they are in
place we can only look at a past experience and estimate. Therefore
we would like to offer .10� per square foot donation at the beginning
payable to Greenwood Volunteer Fire Company and a .04C per square
foot donated annually thereafter. This part would be paid to the
Treasurer of Frederick County, Virginia, to be drawn by Greenwood
Volunteer Fire Company for equipment needs until which time another
Volunteer Company were to organize in the Route 50 East coordor at
which time they would have access to these funds.
Thank you for your consideration to this matter.
Sincerely,
Wanda Cunningham,Secretary
Greenwood Volunteer Fire & Rescue Co., In
Board of Directors
��Y • � RD<a,9�
7 2-
PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO.
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number
, referred to as the Perry
property rezoning, and the applicant for said rezoning, hereby voluntarily
proffer the following conditions. The conditions proffered shall be binding
upon the heirs, executors, administrators, assigns, and successors in interest
of the undersigned. In the event the Frederick County Board of Supervisors
grants said rezoning to B-2 and accepts these conditions, the following
proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code:
1. As shown on the attached plat, access to the property to be
developed will be by a 4 lane divided road entering Route 50 from the north
side of Route 50 at a point opposite the existing entrance to Westview
Business Center. Upon rezoning approval and upon development, the owner will
transfer to the Virginia Department of Highways or to the County of Frederick,
as designated by the County of Frederick, by deed in such form as directed,
the seventy foot (70') fee simple as shown on said plat as running from Route
50 to the lands of Donald W. and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the
rezoned property, the highway as shown on the Generalized Development Plan
from points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance
0
shown on said plat on the northeast side of Route 50 at the entrance of the
road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall
be at no cost to the County of Frederick and State of Virginia, and shall be
contingent upon rezoning approval.
5) The developer across Route 50 from this site has been required by
the Highway Department to install a stop light when traffic at the
project intersection requires the light. The applicant proffers to
enter the subject negotiations at the time the Highway Department
requires design of the lighting system in order to allow a full four
way stop light system to be installed.
6) The road section from B to C shown on the generalized
development plan will be constructed when a need is established.
This construction will be at the sole expense of the applicant,
property owner. For the purposes of this proffer, need is established
to mean that a roadway is constructed from the Sulfur Springs Road
corridor to the property line, thus allowing continuation of the road
as a through street.
7) Electrical and telephone systems required within the
development area, required for service to the individual uses, will
be placed under ground. The development area is the area bounded
by the limits of this proposed rezoning and adjacent rights -of -way.
Although the applicant may elect to place additional utilities
underground, which are outside of the development area, such are
not proffered by this action.
8) The applicant desires to donate $5,000 in cash, within 12 months
of the date of this rezoning to the Greenwood Fire Company in
order to provide for adequate fire protection for this expanded
commercial zoning.
• • �ecd 5/: 4)910
PROFFER
PERRY PROPERTY REZONING REQUEST
CASE NO.
I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be
rezoned under zoning request number , referred to as the Perry
property rezoning, and the applicant for said rezoning, hereby voluntarily
proffer the following conditions. The conditions proffered shall be binding
upon the heirs, executors, administrators, assigns, and successors in interest
of the undersigned. In the event the Frederick County Board of Supervisors
grants said rezoning to B-2 and accepts these conditions, the following
proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code:
1. As shown on the attached plat, access to the property to be
developed will be by a 4 lane divided road entering Route 50 from the north
side of Route 50 at a point opposite the existing entrance to Westview
Business Center. Upon rezoning approval and upon development, the owner will
transfer to the Virginia Department of Highways or to the County of Frederick,
as designated by the County of Frederick, by deed in such form as directed,
the seventy foot (70') fee simple as shown on said plat as running from Route
50 to the lands of Donald W. and Melvina M. Moulden.
2. The undersigned will cause to be built, upon development of the
rezoned property, the highway as shown on the Generalized Development Plan
from points A to B.
3. The undersigned will construct concurrently with the construction
described in the preceding paragraph the deceleration lane and entrance
shown on said plat on the northeast side of Route 50 at the entrance of the
road to be constructed.
4. All construction in as provided in Paragraphs 2 and 3, above shall
be at no cost to the County of Frederick and State of Virginia, and shall be
contingent upon rezoning approval.
KATRRYN M. PERRY
0
COUNTY 09 FFiE'DERICK
9 COURT SQUARE
P 0 Box 601
WINCHESTER VIRGINIA 22601
David C. & Carol Ann Robinson
P.O. Box 3793
Winchester, Va. 22601
2a6013039 17S9 071-4VI30
FURWARWNG TIME EXPIRED w
POSINSON
727-21 FERN -VALLEY CIR
TENSVILL2 NO 212tS
REVAN TO SENDER
•
COUNTY of FREDERICK
Department of Planning and Development
703; 665-5651
FAX 703 i 667-0370
July 25, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Kathrvn M. Perry
Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386
acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres
from M-1 (Light Industrial) to B-2 (Business, General). The
proposed use is retail and/or office/commercial. This property is
located approximately 2.5 miles southeast of Winchester on Route
50 across from Westview Business Center in the Shawnee Magisterial
District and is identified as parcel 116 on tax map 65.
This rezoning request will be considered by the Frederick County
Board of Supervisors at their meeting of August 8, 1990 at 7:15
p.m., in 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
• 0
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703/667-0370
July 25, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Kathryn M. Perry
Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386
acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres
from M-1 (Light Industrial) to B-2 (Business, General). The
proposed use is retail and/or office/commercial. This property is
located approximately 2.5 miles southeast of Winchester on Route
50 across from Westview Business Center in the Shawnee Magisterial
District and is identified as parcel 116 on tax map 65.
This rezoning request will be considered by the Frederick County
Board of Supervisors at their meeting of August 8, 1990 at 7:15
p.m., in 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 certify that the attached correspondence was mailed to the following on
July 25, 199p fr the Department of Planning and�velopment, Frederick
Countv. Virginia:
G. W. Clifford & Associates
Attn: Mr. Tom Price
P.O. Box 2104
Winchester, Va. 22601
Ferman W. & Kathryn M..Perry
Rt. 6, Box 152-A
Winchester, Va. 22601
David C. & Carol Ann Robinson
P.O. Box 3793
Winchester, Va. 22601
FssCaS7t?s747S)t7QOt?QC)t?OQ 1. C),:1�
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STATE OF VIRGINIA
COUNTY OF FREDERICK
W:I:VF1.,
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ANTI••IONY,
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4JI? / - -
Robert W. Watkins, Director
Frederick County Dept. of Planning
I, Debi D. Swimley , 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 JUly 25, 1990 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 25
My commission expires on
day of July
September 30, 1993
NOTARY PUBLIC
1990.
1-1
1]
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703 / 667-0370
July 3, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Kathryn M. Perry
Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386
acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres
from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres
from M-1 (Light Industrial) to B-2 (Business, General). The
proposed use is retail and/or office/commercial. This property is
located approximately 2.5 miles southeast of Winchester on Route
50 across from Westview Business Center in the Shawnee Magisterial
District and is identified as parcel 116 on tax map 65.
This rezoning request will be considered by the Frederick County
Planning Commission at their meeting of July 18, 1990 at 7:30 p.m.,
in 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
E41
This is to certify tr•t the attached correspondence wa; mailed to the following on
July 3, 1990 frhe Department of Planning and *elopment, Frederick
County, Virginia:
RC)]:::i:N;:ii71\l, DAVID G.
W:I:N(:;I••Il:::;: TE::R, VA.
MOU1...X)I:::N X)t:)Nr•11...1:) W r 115R .,
9"'51'! 011...1...1":N X)R I:VI:r.
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l+�t:I:P�IC.:i••f15:::i'Y't:i:f::, �I(y,.
+' INTI••IONY, K61T I E: X:< 64
VA-
STATE OF VIRGINIA
COUNTY OF FREDERICK
G.W. Clifford & Associates
Attn: Mr. Charles E. Maddox, Jr.
P.O. Box 2104
Winchester, Va. 22601
Ferman W. & Kathryn M. Perry
Route 6, Box 152-A
Winchester, Va. 22601
David C. and Carol Ann Robinson
P.O. Box 3793
Winchester, Va. 22601
i7
Robert W. Watkins, Director
Frederick County Dept. of Planning
1, 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 July 3, 1990 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 3rd day of July 1990 ,
My commission expires on March 23, 1991
L I 7L�,Cf
1990
rL: LLLG�l
i
REQUEST FOR REZONING COMMENTS
Frederick County Sanitation Authority
ATTN: Wellington Jones, Engineer/Director
P.O. Box 618, Winchester, Virginia 22601
(703) 665-5690
The Frederick County Sanitation Authority is located on the second
floor of the Old Frederick County Courthouse in Winchester, if you
prefer to hand deliver this review form.
Applicant's name, address and phone number:
Ferman W. & Kathryn M. Perry
Rt. 6,Box l 2-A Winchester. Va 22601 (703) 667-4310
Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester. Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezonina
Location:
Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center,
Sanitation Authority Comments:
The nearest sanitary sewer is approximately 350 feet from the entrance of the proposed business
park. If the tract is serviced through this route, the existing pump stations would have to be evaluated
for needed upgrading. A twelve -inch water line is located about 350 feet from the proposed entrance
to this property.
There is adequate water and sewer se .ce va' a le at t ik tigie.
Sanit . Signature & Date: e410A /7 Qd
(NOTICE TO SANITATION LEASE RETURN THIS FORM TO AGENT.)
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, impact analysis,
location map and all other pertinent information.
4/12/90
0 # I
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:
Ferman W. & Kathryn M. Perry
Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310
Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
Aipprox. 2.5 miles southeast of Winchester on Rte. 50, Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center,
Transportation Department Comments:
No objection to rezoning of this property. Before development, this office
will require a complete set of construction plans detailing entrance design,
drainage features, and traffic flow data from the I.T.E. Trip Generation Manual,
Fourth Edition for review. Any work performed on the State-'s right-of-way must
be covered under a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
VDOT Signature and Date:
(NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AGENT.)
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, impact analysis,
location map and all other pertinent information.
4/12/90
iJ CQ� 1 vJ�
RECEIVED APR 1 2 199a
REOUEST FOR REZONING COMMENTS
City of Winchester, Virginia
ATTN: Tim Youmans, Planning Director
Rouss City Hall
15 N. Cameron Street, Winchester, Virginia 22601
(703) 667-1815
The City of Winchester offices are located in Rouss City Hall at
15 North Cameron Street in Winchester, if you prefer to hand
deliver this review form.
Applicant's name, address and phone number:
Ferman W. & Kathryn M. Perry
Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310
Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
Approx. 2.5 miles southeast of Winchester on Rte. 50, Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center.
ity of—Winc�e to/r Convents :
cu/
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�lcn rli�I �15 �� «• c . /�/�'' / ?
see -
de l s /, Od seq.
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%ti "< <-y1« s � se fker �1 i s.� 5Psis ott��e
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sus ozc f v� less � / ���,- r � -�q � � `�1„��1� �e l► �Pr
ru er f n cv�+�erc,� f vises �„al u,;�� xt 14 � �e rP't fl
^City Signature and Dat J3
(NOTICE TO CITY - PLEASE RET RN TMa-5--F0'VM TO THE AGE T.
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.
4/ 12 0 S
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0
Environmental Fr Planning Impacts
for
Perry Property J `J
March 1990 M-
Introduction
The firm of Gilbert W. Clifford Ossociates, Inc. has been commissioned to evaluate
the above referenced project in li t of several major planning issues, as outlined and
required by the Frederick Coun Board of Supervisors. This document is prepared in
support of ja d-1R- pfopar - n to rezone the property from present Agricultural
Performance (_ RA) to General Business (B-2):'�
1) Traffic Impacts �t`y n2 ��0-440
.
Utilizing a I of 339/� the estimated leaseable floor area is 850,000 sq. ft. A is
amount of retail floor space,- 11,000 trips to the site per weekday would be created. Many
of these trips already exist on Route 50, so increased traffic loading on adjacent street will
be significantly less than the 11,000 figure. The site is ideally suited for access at the
intersection of I[nde�%endence Drive and U.S. Route 50. A„�„,
'U
2. Sewage Conveyance and Treatment Impacts: or 3�, p
The sewage from this project will flow by gravity to a pump station to be located
somewhere in the northeastern end of the site. The sewage would then be pumped either to
the Route 50 Master Lift Station, or to the pump station serving the Westview Business
Center south of U.S. Route 50. The Westview Station pumps eventually to the Master Lift
Station. From Route 50 the sewage is pumped to the Opeqoun Regional Facility. A decision on
the destination of sewage from this site will be made in master development phases. Flows
generated from this complex are estimated by the State Health Department at 170,000
(200gpd/1000SF) gallons per day, with an instantaneous flow at peak of 300 gallons per
minute. In some cases, existing facilities would need upgrading to ensure their capability to
handle this additional flow, the regional sewer plant does however have existing capability to
treat and discharge this flow in satisfactory manor.
3. Water Supply Imp: 7
This project would connect to the existing 12" water supply system located in
Westview Business Center. There are no known limitations in the water system which
would preclude the use of the property as shown. The prof t will utilize the same amount
of water as projected in sewage flow or 170,000 gallons per d
Lie
4. Education Cost: S�o r
D►rec}�' #his project will generate no school children and therefore have no effect on
educational cost in Frederick County. It will generate tax revenues with a net worth of
approximately $60.00 per square foot or a tax base of $51,000,000.00 which totals at a
tax rate of $.60 per $100.00, approximately $306,000 per year of tax revenue. This
would be without the need for expenditures other than Sheriff protection.
0 0 1
5. Parks and Recreation Cost:
This project would result in no impact on Parks and Recreation budget.
6. Drainage Facility Impacts:
The development of commercial in lieu of agricultural will increase run off in small
amounts over that which would be created in residential use. It is recommended that either
suitable green space be allowed to reduce run off amounts or that the increased run off would
be reduced prior to discharge from the site. In lieu of the above, additional storm water
detention calculations should be presented with final design which would show no adverse
impacts created by the imposition of this increase storm water on the existing downstream
water course. If required storm water detention structures will be designed to limit post -
development flows to pre -development levels in accordance with state regulations.
7. Emergency Services Cost:
Sheriff protection will be required by this facility. Routine patrols of the Business
Park areas should suffice for the majority of time and materials necessary to cover this
facility also. Special patrols and activities may include a total of 4 hours per week. Special
coverage at $50.00 per hour would involve approximately $104,000.00 per year. There
s1ould ben other impf cts on emergency services. a s -�
{►ere_ �,(P P� be c� rF e ,
8. Solid Waste Cost:
n f
Solid waste will be exported by contract hauler at no
cost to the Frederick County
Landfill.
9. Environmental Impacts:
There will be certain minor negative impacts due to the construction activity
including run off sediment, noise and traffic movements. These are to be minimized by
proper compliance with local and state laws for environmental protection. A minor increase
in run off quantity and a decrease in quality is probable from this development. The effects
on the down -stream impoundment and stream are minimal and in accordance with local and
state regulations. There is no known loss of irretrievable resources involved with this
project. There are no known endangered species of fauna, flora or wildlife which will be
effected by this project. Ground water and air quality should be unaffected. A minor impact
of a negative nature is associated with lighting for security and business use. These should
be closely controlled during planning stage to minimize the adverse impacts on adjacent
residential structures and impacts on the traveling public.
10. Other Fiscal Impacts:
Mentioned above is the positive impact on the County financial picture. No other
imppacts were noted.
/` !�`� &J CansJJG1/4 -, isitty �,•,. �Cr ov! b2 nofe�
/ �
11. Historic Impacts:
This project will not involve the loss of any historic sites or artifacts that are
known. The area has been significantly developed on all sides and no such findings of historic
importance has been identified.
Charles E. Maddox, Jr., P.E., V. P.
G. W. Clifford & Associates, Inc.
Consulting Engineer
CEM/klf
0 0 1 -
REQUEST FOR REZONING COMMENTS
Frederick County Parks & Recreation Department
ATTN: James Doran, Director
P.O. Box 601, Winchester, Virginia 22601
(703) 665-5678
The Frederick County Parks & Recreation Department is located on
the second floor of the Frederick County Administration Building,
9 Court Square, Winchester, if you prefer to hand deliver this
review form.
Applicant's name, address and phone number:
Ferman W. & Kathryn M. Perry
Rt. 6.Box 152-A Winchester. Va 22601 (703) 667-4310
Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester. Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center.
Parks & Recreation Department Comments:
Parks Signature and Date:
� �
v��J
r,
y iG ju
FORM
TO THE AGENT.)
(NOTICE TO PARKS - PLEASE
TURN THIS
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, impact analysis,
location map and all other pertinent information.
4/12/90
y_�
REOUEST 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:
Ferman W. & Kathryn M. Perry
Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310
Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to
Winchester Building Supply site and across Rte. 50 from Westview
Business Center,
Health Department Comments: 1 0-1? �1 c./J
� � V
Health Signature and Date: Qom,, Z . --1
(NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO AGENT.)
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, impact analysis,
location map and all other pertinent information.
4/12/90
0 0
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:
Ferman W. & Kathryn M. Perry
Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310
Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St.
Winchester, Va 22601 Attn: Tom Price (703)667-2139
Name of development and/or description of the request:
Perry Property Rezoning
Location:
A-=rox. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to
Winchester Buildina Supply site and across Rte. 50 from Westview
Business Center.
Inspections Department Comments:
Shall comment on Building Use Group at the time of structural plans review.
Inspect. Signature & Date:
(NOTICE TO INSPECTIONS - P ASE TURN THIS O AGENT.)
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, impact analysis,
location map and all other pertinent information.
4/12/90
.
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#125
JAMES B. MARBERT, ET ALS• ,If
TO: DEED
FERMAN W. PERRY, ET UX
C
61(609PG164
THIS DEED made and dated this C day of January,
1986, between JMJES B. b1ARBERT and LOIS C. MARBERT, his wife;
WALTER E. CARPER and JACQUELINE L. CARPER, his wife; and,
CHESTER F. MARUSZEWSKI and JEANIE C. MARUSZEIVSKI, his wife, of
the one part, hereinafter called the Grantors; and, FERMAN W.
PERRY and KATHRYN tit. PERRY, his wife, of the other part, herein-
after called the Grantees.
WITNESSETH: That for and in consideration of the sum
of Ten ($10.00) Dollars and other valuable consideration, receipt
whereof is hereby acknowledged, the Grantors do hereby grant and
convey with General Warranty and English covenants of title,
unto the Grantees, in fee simple, jointly, as tenants -by the
entirety with right of survivorship as at common law, all those
certain parcels of land, together with the rights, rights of way
and appurtenances thereunto belonging, lying and being situate
in Shawnee District, Frederick County, Virginia, designated as
PARCEL A, containing 58.637 Acres and PARCEL B, containing
11.843 Acres on the plat of "James B. DIarbert, et als Land"
prepared by Greenway Engineering and Survey Company, Inc.,
Winchester, Virginia, dated November 12, 1985, attached hereto
and as a part hereof, to which reference is made for a more
particular description. This is the same land in which the
Grantors acquired an interest by Deed dated December 1, 1980, of
record in the Clerk's Office of the Circuit Court of Frederick
I
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County, Virginia, in Deed Book 543, Page 276 and by Deed dated
January 1, 1981, of record in said Clerk's Office, in Deed Book
IGOc1 , Page JU J_, to which reference is made for a description
and further derivation of title for the property herein
conveyed, which two parcels now total 70.480 Acres.
This conveyance is made subject to all easements,
rights of way and restrictions of record affecting the subject
property.
WITNESS the following signatures and seals:
%V (SEAL)
— awes b. ert-
,l/) •� D �Jl.� (SEAL)
ois Marbert
(SL'AL)
Walter E. Car er
1 II,,
(SEAL)
acq a ine l,a L per
SEAL)
*Cesqterr arusz vs i
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Jeanie C. Ma-ruszewYki
STATE OF VIRGINI , AT ARGE,
City/County of M, to -wit:
The foregoing instrument was acknowledged before me
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The accompanying plat represents a survey of the land conveyed
to James B. Marbert Et. Als. by deed dated December 1,1980 and
recorded in the Frederick County Court Clerk's Office in Deed
Book 543, Page 276.
The said land lies on both sides of U.S. Route 50 about
24 miles East of Winchester in Shawnee District, Frederick County,
"Virginia and is bounded as follows:
Parcel A
Beginning at an iron pin set corner to Katie B. Anthoney
and in the Eastern Right -of -Way of U.S. Route 50; thence with
said Right -of -Way of U.S. Route 50 for the four following courses;
N 20054'46" W - 25.93' to a V.D.H. Monument; thence N 15°14'16" W -
743.02' to a V.D.H. Monument; thence N 14048'46" W - 223.90'
to a V.D.H. Monument; thence N 28°46'17" W - 292.57' to an iron
Din set in said Right -of -Way and a corner to Ferman W. Perry;
thence with said Perry land for the two following courses;
N 44011'51" E - 503.69' to an iron pin set; thence N 44°17'51" E -
947.70' to an iron pin found corner to said Perry land and in a
line of Donald W. Moulden Sr. land; thence with said Moulden
land S 51°37'04" E - 1086.99' to an iron pin set corner Moulden,
Robinson and Katie B. Anthoney; thence with said Anthoney for the
two following courses; S 04°59'11" W - 902.64' to an iron pin
set; thence S 63°51'23" W - 1541.71' to the beginning.
Containing . . . . . . . 58.637 acres
Surveyed . . . . . . . . November 12,1985
Prepared By
Greenway Engineering & Surveying Co. Inc.
Winchester, Virginia
oJH,r;t
54-17-3 (8'l9S5
54.17.3 (b)162 _-�t
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Parcel B
Beginning at an iron pin in the Western Right -of -Way of
U.S. Route 50 and corner to Wilber Honesty; thence with said
Honesty S 63°51'23" W - 317.44' to a corner post in a line of
Honesty land and corner to Garber land; thence with said Garber
land N 14°53'29" W - 2381.38' to an iron pin set corner to Garber
land and in the Western Right -of -Way of U.S. Route 50; thence
with said Right -of -Way of U.S. Route 50 for the four following
courses; S 28°19'10" E - 1011.77' to a V.D.H. Monument; thence
S 19051'14" E - 426.50' to a V.U.H. Monument; thence S 30°02'11" E
174.98' to an iron pin set; thence S 14124137" E - 741.55' to
the beginning.
Containing . . . . . . . 11.843 acres
Surveyed . . . . . . . November 12,1985
Prepared By
Greenway Engineering & Surveying Co., Inc.
Winchester, Virginia
�`�f,AL1N USG
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CERTiFiCATE No. Ot-•
54.17.3 (00-5
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LAitorcNT. ANDicnuox.
.ARRICIC & Gnovlo
A TOXNNT• AT LAW
♦IMCNZ6rZ t. VAGINA
#4194 `
FERMAN W. PERRY, ET UX
TO: .. DEED OF ASSUMPTION
PERRY PROPERTIES
THIS DEED OF ASSUMPTION made and dated this �� a�day of December, 1976,
by and between Ferran W. Perry and Kathryn M. Perry, his wife, parties of
the first part, hereinafter called the Grantors, "Perry Properties", a
Virginia Limited Partnership, party of the second part, hereinafter called the
Grantee, and The Commercial and Savings Bank, party of the third part.
WITNESSETH: That for and in consideration of the sum of Ten ($10.00)
Dollars, and other good and valuable consideration, receipt whereof is hereby
acknowledged, and in further consideration of the assumption by the Grantee
of a certain lien indebtedness as will be hereinafter more fully set forth,
the Grantors do hereby grant and convey, with general warranty and English
covenants of title, unto the Grantee, in fee simple, all of the following two
tracts or parcels of real estate, together with the improvements thereon
and -all rights, rights of way and appurtenances thereunto belonging, lying
and being situate on the East side of U. S.,Highway No. 50, about three miles
Southeast of the City of Winchester, in Shawnee Magisterial District,
Frederick County, Virginia, more particularly described as follows:
PARCEL ONE: All of that certain tract or parcel of land
originally containing 39.65 Acres, more or less, being;
more particularly described by metes and bounds in a plat
and survey prepared by Richard U. Goode, Certified Land
Surveyor, dated July 2, 1964, as follows:
BEGI114ING at (1) an iron peg at the Southeast
corner of the land of Clark; thence with Clark N
52 deg;. 42 min. W 291.1 feet to (2) a White Oak tree
in Bailey's line; thence with Bailey N 35 deg. 50 min.
E 536.7 feet to (3) a Red Oak Tree in Bailey's line and
corner to the land of Frederick County, Virginia; thence
with said land for the following 9 courses S 56 deg. 38
min. E 125.0 feet to (4) a Hickory tree; thence S 26 deg.
50 min. W 294.9 feet to (5) an iroti pep; by a fence post,
thence S 26 deb;. 11 min. E 146.7 feet to (6) a nail in a
fence post; thence S 53 deg. 21 min. E 205.4 feet to (7)
a blazed locust tree; thence S 75 deg. 19 min. E 58.2 feet
to (8) an iron peg; thence N 81 deg;. 59 min. E 27.6 feet to
(9) an iron peg; thence N 58 deg;. 57 min. E 72.3 feet to
(10) an iron peg; thence N 72 deg;. 56 min. E 33.1 feet to
(11) an iron peg; thence N d3 deg. 54 min. E 99.1 feet to
(12) a post a corner to the land of Frederick County,
Virginia, in the West line of the land of Rowles; thence
with Rowles for the following;'2 courses S 18 deg!. 42 min.
W 420.b feet to (13) a blazed tree; thence S 52 deg. 17
min. E 1097.4 feet to (14) an iron peg by a post in a fence
corner, a corner to Carper in the South line of the land of
Rowles; thence.with Carper for the following
I.A.MDrtNT. ANDLM60N.
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�TTOU"T1 .T LAW
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'two courses S 43'deg. 16 min. W 947.7 feet to (15) a
post; thence 43 deg. 10 min. W 531•1 feet to (16) an
iron peg in the center of an old abandoned road; thence
N. 30 deg. 09 min. W 404.9 feet to (17) an iron peg in
the Fast line of-U. S. Highway No. 50; thence with U.S.
Highway No. 50, with a curve to the left the chord bearing
and distance being N 28 deg. 08 min. W 127.1 feet to (18)
a concrete highway marker; thence with the East line of U.S.
Highway No. 50 IN 29 deg. 33 min. W 478.0 feet to (19) an
iron peg a corner to Ferman W. Perry's 8.86 Acre Tract;
thence with said tract for the following 2 courses N 60 deg.
27 min. E 500.0 feet to (20) thence N 29 deg. 33 min. W.
884.0 feet to (21) the point of intersection of the East line
of the 8.86 Acre Tract extended with the South line of the
land of Clark; thence with Clark N 49 deg. 10 min. E 284.2
feet to the point of beginning, containing 39.65 Acres, more
or less,
IESS and EXCEPTING from the above described 39.65 Acres, more or less,
are two conveyances, one by deed dated October 28, 1968, to the County of
Frederick, a conveyance of 5.45b Acres of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, in Deed Book 349, Page 16, and a
conveyance to the Commonwealth of Virginia by deed dated October 14, 1970, of
0.384 Acre, of record in the aforesaid Clerk's Office in Deed Book 370, Page
654, and being a portion of the property conveyed to Ferman W. Perry, et ux,
by Deed of Dollie Clark Grim, Widow, et als, dated March 25, 1964, of record
in the aforesaid Clerk's Office in Deed Book 298, Page 170, to which deed
reference is here made for a more particular description.
PARCEL, TWO: All of that certain tract or parcel of land containing'
8.86 Acres, more or less, and being; more particularly described by metes and
bounds in a plat and survey prepared by Richard U. Goode, Certified Land
Surveyor, dated April 22, 1964, as follows:
1
BEGINNING at (1) the point of intersection
of the Fast line of U. S. Highway No. 50 with the
South line of a 60 ft. right of way between this tract
and a 4.1 acre tract recently conveyed by Perry to Clark;
thence with the South line of the 60 ft. right of way N 49
deg. 10 min. E 504.2 feet to (2) thence with two new
division lines through the land of Perry S 29 deg. 33 min.
E 822.8 feet to (3) thence S 60 deg. 27 min. W 500.0 feet to
(4) an iron peg in the East line of U. S. Nei 0 No2950;
thence with the East line of U. S. Highway
33 min. W 549.3 feet to (5) an iron peg; thence with a curve
to the right, the chord bearing and distance being N 27 deg.
46 min. W 174.9 feet to the point of beginning„ containing
8.86 acres, more or less,
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—AHORNT. ANDRRBOIC
LARRICK 6 GROVY&
ATTOANUT• AT LAM
MIMCM■*Tnn. VIRGUnA
3
and being a portion of the property conveyed to Ferman W. Perry, et ux, by
Deed of Dollie Clark Grim, Widow, et als, dated March 25, 1964, of record
in the Clerk's Office of the Circuit Court of Frederick County, Virginia,
in Deed Book 298, Page 170, to which deed and the reference therein, refer
is here made for a more particular description of the property herein
conveyed.
The Grantee, Perry Properties, a Virginia Limited Partnership,
joins in the execution of this deed for the purpose of assuming the balance
due of $300,000.00 to the Commercial and Savings Bank of Winchester,
Virginia, on that certain deed of trust dated'December 2?--, 1976, from
Ferman W. Perry and Kathryn M. Perry, his wife, to Flournoy L. Largent, Jr.,
et al, Trustees, of record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia, in Deed Book 'VL Y , Page Ste_, and the
Grantee does hereby agree to assume and pay said lien indebtedness in
accordance with the terms and conditions of the bond evidencing said debt
and the deed of trust securing same.
The party of the third part joins in the execution of this deed for the
sole and express purpose of consenting to the conveyance and assumption
by Perry Properties, a Virginia Limited Partnership, of its deed of trust
assumed herein.
WITNESS the following signatures and seams
/��
m
L'Z
-L1�Y►i CZ.c (SEAL)
FERMAN W. PERRY
PERRY PROPERTIES,
A Virginia Limited Partnership,
THE COMMERCIAL AND SAVINGS B NK
— ^
#647
D0L,1E CLARK GRIM, WIDOW, ET ALS
TO DEED
FERMAN W. PERRY ET UX
LA.XOEYT. "DZRwxll
& LArnruca
ATTO�NtT� AT {AM
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BOOK 2b8 PAGE 170 I 1
THIS DEED, made and dated this '�ay of
March, 1964, between Dollie Clark Grim (Widow); Albert C. Clark
and Brookie M. Clark, his wife, and Robert Lee Clark and Cora
Clark, his wife, of the one part, hereinafter called the Grantors
and Ferman W. Perry and Kathryn M. Perry, his wife, of the other
part, hereinafter called the Grantee.
WHEREAS, Lillie M. Clark, the wife of
Franklin H. Clark, died intestate on January 20, 1934, survived
by her husband, the said Franklin H. Clark, and the following
children, Charles F. Clark, Bessie May Clark, Dollie Clark Grim,
Albert C. Clark and Robert Lee Clark; and,
WHEREAS, Bessie May Clark died November 10,
1943, intestate, unmarried, and without issue, survived by her
father, Franklin H. Clark, and the following brothers and sister,
Charles F. Clark, Dollie Clark Grim, Albert C. Clark and Robert
Lee Clark; and,
WHEREAS, the said Franklin H. Clark died
intestate September 19, 1947, survived by the following children,
Charles F. Clark, Dollie Clark Grim, Albert C. Clark and Robert
Lee Clark, who were the owners of the her-3inafter described
property; and,
WHEREAS, by Deed dated April 22, 1953, of record
in the Clerk's office of the Circuit Court of Frederick County,
Virginia, Charles F. Clark, et ux, conveyed their undivided
interest in said property to the said Dollie Clark, Albert C.Clar
and Robert L. Clark, which Deed is recorded in the aforesaid
Clerk's office in Deed Book 227 page 434 ; and,
t Y i
BOOK ;:98 PACE 171
WHEREAS, the Grantors have now sold the
iereinafter described property to the Grantees, Now Therefore
Chis Deed.
WITNESSETH: That for and in consideration
Df the sum of Ten ($10.00) Dollars, and other valuable considerati
receipt whereof is hereby acknowledged, the Grantors do hereby
grant and convoy with general warranty of title, unto the Grantees
jointly, and as tenants by the entirety, with the right of
survivorship, as at common law, the following described parcels
of land, together with all improvements and rights, rights of way
and appurtenances thereunto belonging, to wit:
PARCEL 1- All that certain parcel of'land lyinu"
and being situate in Shawnee District, Frederick County, Virginia,
three and one-half miles East of Winchester on the rillwood
Turnpike, bounded on the East by the lands of Edgar Carper; on
the south by the Millwood Pike and on the North and ldest b, the
lands of Seabright, containing 20 Acres, more or less, being the
same property conveyed to the said Franklin H. Clark by three
separate conveyances; (1) by Deed of James W. Carper, et als,
dated January 11, 1902, of record in the aforesaid Clerk's office
in Deed Book 122, page 153; (2) by Deed of N.H. Carpenter, Attorne
in Fact fot James Carper, et als, dated January 11, 1902, of
record in the aforesaid Clerk's office in Deed Book 122, pa"e 402,
and, (3) by Deed of N.H. Carpenter, Attorney in Fact for certain
heirs of Nancy Carper, dec'd., et als, dated January 17, 1902,
and of record in the aforesaid Clerk's office in Deed Book 122,
• i.ARRlcle page 405, to which Deed and the references therein, reference is
M.MC1YTt�. V[wMY
..hare made for a further description of Parcel
-2-
0 0
QUUK 4'96 ?M
PARCEL 2- That certain other tract of land
located in said County and Diatrict, containing 5 Acres, more
or less, adjoining the lands of Thornton Good, Clark, Grim and
more particuarly described as being a part of a 28 Acre tract
conveyed to Elizabeth A. Horsey by Deed dated June 19, 1909,
from Edward Conner, et ux, and also known as the John :gilt land,
being the same property conveyed to the said Franklin H. Clark
by Deed of Elizabeth A. Horsey, dated December 15, 1910, and
recorded in the aforesaid Clerk's office in Dead Book 132 page
197, to which Deeds a reference is made for a more particular
description of the parcel of land described as Parcel 2.
PARCEL 3- That certain other tract of land
containing 32 Acres, more or less, in said County, on the
North side of the Millwood Turnpike, about four miles southeast
of Winchester, adjoining the lands of Edgar W. Carper and
Clinton Grim, and being the same tract of land conveyed to the
said Lillie M. Clark by Deed of Isaac Carper, et ux, dated
February 23, 1912, and of record in the aforesaid Clerk's
office in Deed Book 140 page 336, to which reference is made
for a more particular description.
These three parcels o° land are more particularly
described by metes and bounds in a plat and survey made by
Richard U. Goode, Surveyor, dated March ; S—, 1964, and
attached hereto and made a part hereoc as if fully incorporated
herein.
I.AROx.VT. ""PLOON
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w�xca:.raa, vnotxu
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BOOK :PAU 17.4
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LAND OF
FREDERICK
/X 8.7' COUNTY,VA.
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DOLLIE CLAR K GRIM ET AL
to
FERMAN W. PERRY
ROWLES
5).3 Acres
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18
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7.
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4
15 O so 100 ZOO
59
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CARPER 3GHLE //v .1wez-
LOCATED
ON THE EAST SIDE OF U.S. HIGHWAY NO. 50
ABOUT 3 MILES' SOUTHEAST OF WINCHESTER, AND SITUATE
IN
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA.
RICHARD U GOODEO CERTIFIED SURVEYOR,
MARCH ??' 1964.
0 9
IIJ
DOLLIE CLANK GRIM ET AL TO FERMAN W. FERRY
53.3 ACHES
The tract of land, shown on the attached drawing, located on the East
side of U.S. Highway No. 50, about 3 miles Southeast of Winchester, and
situate in Shawnee Magister=al District, Frederick County, Virginia, is
bounded as follows:
Beginning at (1) a White Oak tree in the East fence line of U.S.
Highway No. 50 and corner to the land of Goode; thence with the land of
Goode for the following 2 courses N 43 deg. 22 min. E 03U.0 feet to
(2) a White Oak tree; thence N 35 deg. 50 min. E 536.7 feet to (3) a
red oak tree a corner to the land of Frederick County, Virginia, in Goode's
line; thence with the South fence line of the land of Frederick County,
Virginia, for the following 9 courses S 56 deg. 38 min. E 125.0 feet to
(4) a Hickory tree; thence S 25 deg. 50 min. W 294.9 feet to (5) an iron
peg by a fence post; thence S 26 deg. 11 min. E 148.7 feet to (6) a nail
in a fence post; thence S 53 deg. 21 min. E 205.4 feet to (7) a blazed
Locust tree; thence S 75 deg. 19 min. E 58.2 feet to (8) an iron peg;
thence N 81 deg. 59 min. E 27.6 feet to (9) an iron peg; thence
tJ 58 deg. 57 min. E 72.3 feet to (10) an iron peg; thence' N 72 deg. 56
min. E 33.1 feet to (11) an iron peg; thence N 83 deg. 54 min. E 99.1
feet to (12) a post a corner to the. land of Frederick County, Virginia
in the West line of the land of Howles; thence with Rowles for the
following 2 courses S 18 deg. 42 min. W 42U.8 feet to (13) a blazed
tree; thence S 52 deg. 17 min. E 1097.4 feet to (14) an iron peg by a
post in a fence corner, a corner to Carper in the South line of the land
of Howles; thence with Carper for the following 2 courses S 43 deg. 16
min. W 947.7 feet to (15) a post; thence S 43 deg. 10 min. W 531.1 feet
to (lb) an iron peg in the center of an old abandoned road; thence
N 3U dcg. U9 min. W 404.9 feet to (17) an iron peg in the East line of
U.S. Highway No. 50; thence with U.S. Highway No. 5U for the following
3 courses, with a curve to the left the chord bearing and distance being
N 28 deg. 08 min. W 127.1 feet to (18) a Concrete Highway Marker; thence
N 29 deg. 33 min. W 1027.3 feet to (IV) a Concrete Highway Marker;
thence......
Dollie Clark Grim et al to Ferman W. Perry ..page two..
53.3 Acres (continuation)
...thence
with a curve to the right the chord bearing and distance being
N 26 deg. 54 min. W 237.4 feet to (20) an iron peg; thence with the
East fence line of U.S. Highway No. 5U N 17 deg. 19 min. W 241.2
feet to the point of beginning, containing 53.3 Acres more or less.
Richard U. Goode,
Certified Surveyor,
MGINIA FREDER!CK COUNTY, SCT. M1 r c h 1964.
Yutrume of itlnp wqs Qductd to m• on th%=_jday
at , and wjth f to o_ff�'�wledq "Tto oTn"ed wag txl pMed
0 0
•
11.Signature:
p0erla-1)
)�t4vlr
(�O� -9c
P) . /�4AY
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 o my (our) knowledge.
Applicant:
Owner:
0
12.Representation:
If the application is being represented by someone other than
the owner or application and if questions about the application
and if questions about the application should be directed to
that representative, please list the following.
Representative's Name: G.W. Clifford & Associates.Inc,
Charles E. Maddox, Jr.
Representative's Phone Number: (_703) 667-2139
Owners of the Property adjoining the land will be notified of the public
hearing. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any prop-
erty directly across the road from the requested property. The applicant
is required to obtain the following information on each adjoining property
including the 21-digit tax parcel identification number which may be ob-
tained from the office of the Commissioner of Revenue.
Name: David C. & Carol Ann Robinson i ev
., �fyv
Address: P.O. Box _C43 Winchester, Va 22601
h ••- O. /1/I M 1 1111 111/ 1 1
Name: Donald W. & Melvina M. Moulden
Address: 932 Allen Drive Winchester, Va 22601
�U.
'. � I -i 0 46
Property I.D.# 65000-A00-0000-0000-01020
Name: Perry Properties \j
Address: Rt. 6,Box 152-B Winchester, Va 22601
Property I.D.#:'64000-A00-0000-0000-01580
Name: George W. & Carolyn G. Glaize .,
Address: 817 Dutton Drive Winchester, Va 22601
Property I.D.##: 64000-A00-0000-0000-0159E
Name: O'Sullivan Corporation
Address: P.O. Box 3510 Winchester Va 22601
Property I.D.##: _64000-A00-0000-0000-0159H
Name: Katie B. & Robert Anthonev\,
Address: P.O. Box 302 Winchester, Va 22601
Property I.D.## 65000-A00-0000-0000-01130
16
G.W.CLIFFORD & ASSOCIATES, INC
200 N.CAMERON ST.
PO BOX 2104
WINCHESTER, VIRGINIA 22601
703-667-2139
TO
Winchester. VA 22601 1
LETTER OF TRANSMITTAL
PRESENT DATE JOB NO.
7/30/90
ATTENTION Renee'
RE: Parry PrnnPrty
WE ARE SENDING YOU n ATTACHED UNDER SEPARATI_ VIA
ElHAND DELIVERED ❑ CHANGE ORDER SAMPLED
SHOP DRAWINGS F PRINTS TI PLANS
COPY OF LETTER
THE FOLLOWING ITEMS
SPECIFICATIONS
❑ OTHER
COPIES
DATE
DESCRIPTION
5
4/90
Generalized Development Plan - Sheet 1 of 1
X❑ ARE TRANSMITTED APPROVED/SUBMITTED
❑ FOR APPROVAL APPROVED/AS NOTED
❑ FOR YOUR USE El RETURN/CORRECTIONS
❑ AS REQUESTED
❑ FOR REVIEW or COMMENT
El FOR BIDS DUE ------------ 19
REMARKS
�] RESUBMITFOR APPROVAL
SUBMITFOR DISTRIBUTION
RETURNEDCORRECTED PRINTS
❑ LOAN PRINT/RETURN
RETURN/WITH SIGNATURES
COPY TO: File SIGNED Tom Price
REV. 2.0