HomeMy WebLinkAbout012-86 Roy A. Cather - Back Creek District - Backfile,__ .__. � s •.
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COUNTY of FREDERICK
Departments of Planning and Building
703/655--5650
December 1, 1986
Mr. Roy A. Cather
P.O. Box 393
Winchester, Virginia 22601
Dear Mr. Cather:
Our records indicate that we did not send you a letter verifying the approval of
your rezoning in July, 1986 by the Board of Supervisors. This letter will
confirm the action taken by the Board of Supervisors on July 9, 1986.
Approval of Rezoning Application #012-86 of Roy A. Cather to rezone 9.710 acres
from B-2 (Business General) to B-3 (Industrial Transition) for apple packing,
marketing, storage and warehouse. This property is located on the west side of
Route 11 in the Back Creek Magisterial District.
If you have any questions regarding this matter, please do not hesitate to call
this office.
Sincerely,
Stephe M. Gyurisin
Deputy Director
SMG/rsa
q C oilrt Cniiare - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
Departments of Planning and Building
703/655-5650
June 19, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Roy A. Cather
Rezoning Application To: Rezone 9.710 acres from B-2 (Business General) to B-3
(Industrial Transition). This property is located on the west side of Route 11.
This rezoning application will be considered by the Frederick County Planning
Commission at their meeting of July 2, 1986, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify the the attached correspondence was mailed to the following on
June 19, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
HORTON, M.
01VISI0,\; 0 F ^10T()<< V' HICL .S 9 J 8 - H Cr= DAi< �RE'.-K 0 IVr
30n 67 n�11\1CH E STER, VA.
RICHMIONI), V::3. 22OU1
232s?
CHURCH O; C;"d-RI ST O
vINCH=_ST=P, V.A., THE Roy A. Cather, President
P. O. 3 J X ' 7 C 2 Virginia Pride Fruit Packers
wil .;';HESTER, V'. P.O. Box 393
Winchester, Virginia 22601
Cr;L'�8t1U0H, H=hl?Y J. r ;Jul-t)A James M. Horton
ROUTE 3 980-I-I Cedar Creek Grade
..+'I`JCH_;T_`?, V.4' Winchester, Virginia 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
.
I , �`'(��� � , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Mk- Planningand Development, whose name is signed to the foregoing,
dated '%,t.��, has personally appeared before me and
acknow edged the same in my state and county foresaid.
Given under my
hand this
day of
1986.
My commission
expires on-l�
NOTARY PUBLIC
41
COUNTY of FREDERICK
IDepartments of Planning and Building
703/655-5650
June 26, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Roy A. Cather
Rezoning Application To: Rezone 9.710 acres from B-2 (Business General) to B-3
(Industrial Transition). This property is located on the west side of Route 11.
This rezoning application will be considered by the Frederick County Board of
Supervisors at their meeting of July 9, 1986, at 7:00 p.m., in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
.� This is to certify the the attached correspondence was mailed to the following on
June 26, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
COIMMiONJ' EALTH OF V1'03I`11A?
DIVIS10'd OF `i0T^ J�Hi�L
BOX )7
RiCHI IOt;D, V
CHU?CH .1F C I 'ST 0'F
�tItVCFi=3T_.t, V.A. , TIi`
-
n. 0. L)J( 2 7 17_
wItdCHEST_=R, VA.
v'?S -i
CAdGAUGH, IEP"Py J. O 110-'A
ROUTE 3
r:Ii�CH r .Ry Vr . ?2601
H 0 i=2 T'i !'7 , J A i-ir-
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1FSTE', V.A .
??'�i; 1
Roy A. Cather, President
Virginia Pride Fruit Packers
P.O. Box 393
Winchester, VA 22601
James M. Horton
980-H Cedar Creek Grade
Winchester, VA 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, , 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 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this
My commission expires on
day of
NOTARY PUBLIC
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
M E M O R A N D U M 703/665-5651
Health Department , ATTN: Mr. Herbert L. Sluder
Inspections I , ATTN: Mr. John W. Dennison
Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr.
Planning Department , ATTN: Mr. Robert W. Watkins
Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: June 9, 1986
SUBJECT: Review Comments On: Conditional Use Permit Subdivision
Site Plan X Rezoning
We are reviewing the enclosed request by Roy A. Cather
Garber
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
WRAP
WSJ a -
Signature Date 'jZ
9 Court Sauare
P.O. Box 601
Winchester, Virginia
22601
Date: 6 fa�%z_
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COG
COUNTY of FREDERICI
Department of Planning and Developmen
REQUEST FOR COMMENTS John T.P. Horne - Planning Directo
Stephen M. Gyurisin - Deputy Directo
1733 703/662-453'
TO: Mr. Herbert L. Sluder
Sanitarian
Frederick -Winchester Health Department Located at the
P.O. Box 2056 intersection of
Winchester, Virginia 22601 Smithfield Ave..&
(703) 667-9747 Brick Kiln Road
FROM: John T. P. Horne, Planning Director DATE: L
2 �3
SUBJECT: Review Comments for Conditional Use Permit A, --'--Rezoning
Subdivision Site Plan
Please view this request for ai y�,�n% ��ti�� 1�04c,�ri,4
pr�,f /ti �•/> c�.� d/�`i'cc� /z v'Jy J" •ku .d , c�C J�fr-y _
located o"
Proposed building and improvements:
.f _ 11 29, b, ti,n yr =cr), ----- f J' iur
This comment sheet must be returned to the Frederick County Department
of Planning and Development, or the applicant, by
for the meeting of 9ac�,,c
Health Signature: 3 �� 2
Phone Number:
COUNTY of FREDERICK
Department of Planning and Development
Robert W. Watkins - Planning Director
M E M O R A N D U M 703/665-5651
AE
Health Department
, ATTN:
Mr.
Herbert
L. Sluder
Inspections
, ATTN:
Mr.
John W.
Dennison
Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr.
Planning Department , ATTN: Mr. Robert W. Watkins
Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: June 9, 1986
SUBJECT: Review Comments On: Conditional Use Permit Subdivision
Site Plan X Rezoning
We are reviewing the enclosed request by Roy A. Cather
Garber
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Numerous attempts were made to contact Mr. Watkins, re: additional information__
so valid comments could be made. Therefore, when Mr. Watkins has time for the
Fire Service then and only then will the Fire Service provide valid comments.
Signal
Date
9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601
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COUNTY of FREDERICK
IDepartment of Planning and Development
REQUEST FOR COMMENTS John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
TO: Mr. William H. Bushman
Resident Engineer
VA. Dept. of Highways
P.O. Box 278
Local Office:
& Transportation 1550 Commerce Street
Winchester, VA. 22601
Edinburg, Virginia 22824-0278 (703) 662-8876
(703) 984-4133
FROM: John T. P. Horne, Planning Director
G a�s��•,
92—
SUBJECT: Review Comments for Conditional
Subdivision
Please review this request for a • ,Ll
4
DATE: 1u
Use Permit
it C
Rezoning
Site Plan
• Ocate at f�%fir'/c /1,C/G '-�i✓ .iJ2'� CS4� �� .— I. P'—, -1- .� c�s•�<>a ,- rfl9 1✓t• G'-�� 'eJ•3 <.Y' +Ji'Ci r
Proposed building and improvements: e ;r eIV,", 1/J, % ti
t,U X;2 f f is �i.a .J�r � r)Cj'E� l.�%Ei e c rrc; -� %r, tSi:�.ds o �✓'z�.r �ot•..• /YI
`i c X 6_2 6o jci f�jF'. - � y/;�L %Zu JZ,�c:ti �r'�,-<� ti • �- �+ z �� a' J- /v, -.44 e d- -,it l0> r r,u
This comment sheet must be returned o t e Frederick County Department
of Planning and Development, or the applicant, by `;'+
for the meeting of g", < J= A-1
VDH&T Comments:
No objection to rezoning, however, we would recommend a minimum 50'
entrance for this proposed development and a Commerical Entrance_peermit
must be applied for and approved prior to opening of this business.
VDH&T Signature: 7J jr &41t)1Vn_o Date: eg -�3 -,96
Applicant's Name:
Address:
Phone Number:
NOTICE TO APPLICANT: It is your responsibility to contact the
Virginia Department of Highways & Transportation for comments on
your project and to return all comments as part of your applica-
tion before or on the submittal deadline date.
...,.,.,
REZONING REQUEST #012-86
Roy A. Cather
9.710 acres zoned B-2 (Business General)
to be rezoned to B-3 (Industrial Transition)
LOCATION: West side of Route 11
MAGISTERIAL DISTRICT: Back Creek
ADJACENT LAND USE AND ZONING: Retail and commercial outdoor recreation (Hortons)
and office (DMV) zoned B-2 (Business General) and the church and agricultural land
is zoned A-2 (Agricultural General)
PROPOSED USE AND IMPROVEMENTS_ Apple Packing, Marketing, Storage, Warehouse
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objection to rezoning, however, we
would recommend a minimum 50' entrance for this proposed development and a
commercial entrance permit must be applied for and approved prior to opening
of this business.
Health Department - No objection. Existing drainfield for Horton's Market
will be used exclusively for Cather operation. One gallon flush toilets
required. Maximum of 8 employees.
Stephens City Fire Company - No objection. The fire company is concerned
about the need for additional hydrants and a possible sprinkler system and
the type of uses that would be allowed.
Inspections Department - Proposed buildings shall be designed and constructed
in accordance with the Virginia Uniform Statewide Building Code and other
applicable referenced standards for the intended use. Specific comments will
be available upon submittal of building plans or site plan.
Planning and Zoning - The B-3 (Industrial Transition) District allows
wholesale and warehouse businesses "operated in connection with production
and marketing facilities.' It also allows business uses that require space
such as motor vehicle sales and service and mobile home sales. The B-2
(Business -General) District allows general retail and office uses.
The entrance to the site would be located across Route 11 from existing B-3
land. Therefore, the rezoning is proposed in the urban area in a location
where there is an existing mix of business and industrial land. The site
appears to be suitable for a B-3 use.
STAFF RECOMMENDATIONS: Approval.
Fj
Page 2
Cather Rezoning
PLANNING COMMISSION RECOMMENDATIONS: Approval, by the following vote:
YES: Messrs. McDonald, Stiles, Myers, DeHaven, Romine, Golladay
ABSTAIN: Messrs. Brumback, Wilson
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APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No.
Application Date
Fee Paid /1///. na
om _6&
Submittal Deadline is
For the Meeting of
1. The applicant is the owner bother (check one)
,--
2.
OWNER OCCUPANT:
NAME: e Ivl r's' J?'fc �%ry��Y�7 NAME:
ADDRESS :%? I' G/ L����Y C"ye, ,� G=r��i ,�> ADDRESS :
TELEPHONE: 7&_3.. 66a_ TELEPHONE:
(if other than owner)
3. The property sought to be rezoned is located at (please give exact
directio/nrs) 'P,;`,�, Je -Jl'sR
1jJ_-,5�6V-t�.:�,:�.>'J'"1�''�re�l ri�'l.6/arJCu:i Wls�:7�iylt��N✓�rF �l
i-!� i'-�c.�.F /=�� rv�, ��� ic,l - 5���.•% G, v•F /�c�r`�v vis. ..• /uv,- ll., v f _ 1�'1' 1/; r-�v ('6irtyt.Gi c
4. The property has a fr ntage of -I � feet and a depth of �,".Z_S'
feet and consists of 0 acres. (Please be exact)
5. The property to be rezoned is owned by M, /% as
cs:r ��
'/� ���'«� 't _�" :> recorded in deed book
evidenced by deed from &
noon page ?-r registry of the County of
6. This property is designated as parcel no. 2, on tax map no.
/J-- in the%(J,_ Magisterial District.
7. It is desired and requested that the property be rezoned from
V_ to 13 _3
8. It is proposed that the property will be put to the following use
�.» �a /i /`/1 i N/ /�7 i_; .- /;/.".C! lll/) G � . � ' /:Ylt �fP •-� L/vi1✓Y � !? �l bi ✓' (�, .-
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It is /propose that the following buildings will be constructed
66 �° % kz' �� t 4livJ J/7. tQ� - oS^ � r �il' ) C /i� Cti , �o A 6 3 6b f )�t�'✓=f i
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10. The following -are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
NTAMP..
IILIIU`Y !r�"� PvI�S"
Address: ( _
L1. d5C1' cJ�CF�f/G)i ��� JL C�
Property ID#:
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Address: /
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4.
Address:
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Property ID#:
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Page Two
Rezoning
NAME
5.
Address:
Property
ID#:
6.
Address:
Property
ID#:
7.
Address:
Property
ID#:
8.
Address:
Property
ID#;
9.
Address:
Property
ID#:
10.
Address:
Property
ID#:
11. Additional comments, if any
I (we), the undersigned, do hereby respectfully make application
and petition the governing body to amend the zoning ordinance and
to change the zoning map of the County of Frederick, Virginia, with
the above facts as support of'lthis application . . .
Signature of Owner:
Signature of Applicant:
Complete Mailing Address: RQMC(12dn Creek Grath,
Telephone Number: - C �� 2 ` 14
For Office Use Only
VY
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) ()-'
Approval F-1 Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) ",-/ J �.- 66
Approval Denial COUNTY ADMIN. (signed)
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Rezoning
Please use this page for your sketch of the property. Show proposed and/or
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CHURCH OF CHRIST OF WINCHESTER NA.
N 520 07' 0411 W — 836.471
DIVISION OF S 35" 32' 3511 W
MOTOR VEHICLES 225.00'—
0
C N 520 011 401 W — 475.00
'--1 0
m �S 35° 22 09" W — 75.00
S 520 01' 4011 E — 474.77' -° 3D
S 352 35 W
` S 52- 581 3Z E — 817. IS
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FREDERICK COUNTY9 VA.
i
1966 REAL ESTATE - FIRST HALF
TICKET NO. 1 1 Z 2 0
•
TAX VAL*-• �.
•�•
40b w�
HORTON, JAMES M.
906-4 CEDAR CREEK DRIVE CODE �CKC�
MINCHESTER, VA.
R 22601
�jADj&X DUE
PENALTY
INTEREST
TOTAL DUE
L DATE DUE JUNE 5. 1986
TREASURER, FREDERICK COUNTY
FREDERICK COUNTY, VA. ESTATE - SECOND HALF ---___-
DISTRICT
- 1 TICKET NO.
'••
L DATE DUE JUNE 5. 1986
TREASURER, FREDERICK COUNTY
FREDERICK COUNTY, VA. ESTATE - SECOND HALF ---___-
DISTRICT
- 1 TICKET NO.
'••
ACREAGE- - �'.
• Yl
•-
• •TAX
-
82t2
v
NORTQN• JAMES M. �
908-H CEDAR CREEK DRIVE
WINCHESTER, VA,
2Z6oi
L
TOTAL TAX DUE
PENALTY
INTEREST
TOTAL DUE
J DATE DUE DEC. S. I
TREASURER, FREDERICK COUNTY
,.358.
..fir
24,056-A
TMD/ss
1/26/79
******************************
# 3 3 6
CLYDE LOGAN, ET UX
TO: ' :: :: DEED
JAMES M. HORTON
i
THIS DEED made and dated this 26th day of January, 1979�
by and between CLYDE LOGAN and ALFRETTA LOGAN, his wife, parties
of the first part, and JAMES M. HORTON, party of the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable considera-
tion, the receipt of all of which is hereby acknowledged, the
parties of the first part do hereby grant, bargain, sell and
convey with general warranty of title, unto the party of the
second part, his heirs, successors or assigns, the following
described property and appurtenances thereunto belonging:
All of that certain lot or parcel of
land, together with the improvements thereon
and the appurtenances thereunto belonging,
containing 51 acres, more or less, lying and
being situate on the west side of Route 11,
approximately 1 1/2 miles south of the City
of Winchester, Virginia, in Back Creek Magis-
terial District, Frederick County, Virginia,
LESS AND EXCEPT that certain conveyance
recorded in the.Of.fice of the Clerk of the
Circuit Court of Frederick County, Virginia,
in Deed Book 447 at Page 143 and Deed Book
447 at Page 815. It'is understood and 'agreed
by the parties hereto that this conveyance
is in gross and not by the acre. This is the
same property acquired by the parties of the
first -part by deed of George W. Good, dated
November 1, 1972 and recorded in the aforesaid
Clerk's Office in Deed Book 398 at Page 523.
Reference is here made to the aforesaid instruments
and the attachments and the references therein contained for A
further and more particular description of the property hereby
conveyed.
This conveyance is made subject to all duly recorded,
and -enforceable .restrictions, easements.apd rights of way.
The parties of the first part covenant that,they have
a right to convey said property to the party of the second
359
..I
504 r�atii 359
parts that they have done no act to encumber said property(, that
they will execute such further assurances of title to said
property as may be requisites that they are seized in fee simple,
of the property conveyedl and that the party-i of the second part
shall have quiet possession of said property free from all,
encumbrances.
WITNESS the following sig/natures and seals:
(SEAL)
Clyde Loga
C (SEAL)
Al retta Log
STATE OF VIRGINIA
OF , To-witt
a Notary Public
in and for the State -and aforesaid, hereby certify
that Clyde Logan and Alfrbtta Logan, his wife, whose names are
signed to the foregoing deed dated the ,&.!�/day of ,
19790 have this day personally appeared before me and ac ow-
ledged the same.
Given under my hand thiso&day of �� ' 1979.
My Commission expires .
Notary Public -It
1( 1-4 " r)
J ��� '1 L'1 � 1L'�✓ ' � •~ , y (•1 a 1 . .r 1 •��4,,,,,q�.411 �Wd,''• �� L� l 1 �I• �VI1 V.�d
AA118 Tstrument o iituig . was produceu to me au O
„day of " ,A.LO &/)-,j, 19_, at , � d`� /�
and with certlficata of ackno lidgment thereto annexed was
admitted tp record. Tax unposed by, Sao. 58-64.1 of
5C7. -rr , and BEi-54 have been paid, if assessable,
1 <
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Cletk