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HomeMy WebLinkAbout013-86 Shawnee Canning Company, Inc. - Backfilec()'L� COUNTY of FREDERICK w Departments of Planning and Building 703/655-5650 175E August 25, 1986 George B. Whitacre, President Shawnee Canning Company Cross Junction, Virginia 22625 Dear Mr. Whitacre: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of August 13, 1986: Approval of Rezoning Application #013-86 of Shawnee Canning Company to rezone 3.416 acres from A-1 (Agricultural Limited) to B-2 (Business General) for retail sales of groceries, fruits, and canned goods. This property is located on the northeast side of Route 522 North at Cross Junction in the Gainesboro Magisterial District. If you have any questions regarding this rezoning, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue Roy Jennings, Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 C niirt 4nn2re - P.O. Box 601 - Winchester, Virginia - 22601 A i�4 ,o oti F' >60 u, a d 2 O N PARCE I TWO ' �.LJ _ IRON PIN I �-- CO o� N 46° 0 I 101 " E- 216. 47 o 2.486 O a ACRES PARCEL ONE ^� 3.033 � o w �' o ACRES �, o l) a , I -, J I 0 0) 0 C.L cl) O 10, Q cr o pS - Ld, ° a' 3• 4i °4 ....3� h,00 loper ,�, e4ToAl QER"n' !CA i,. 84 ivy 6 a REZONING REQUEST #013-86 Shawnee Canning Company, Inc. 3.416 acres zoned A-1 (Agricultural Limited) to be rezoned to B-2 (Business General) LOCATION: Northeast side of U.S. Route 522 North at Cross Junction MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Open land and residential land zoned A-1 (Agricultural Limited), land zoned B-2 (Business General), and industry on M-1 (Industrial Limited) land. PROPOSED USE AND IMPROVEMENTS: Retail sales of groceries, fruits, and canned goods. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to rezoning. Health Department - Drainfield site is located on Parcel 2. No objections. Gainesboro Fire Company - No comment at this time. Inspections Department - Proposed building to be built in conformance with the Virginia Uniform Statewide Building Code and other applicable standards for mercantile use. Planning and Zoning - The proposal is to expand an existing B-2 (Business General) area in the Cross Junction area. This expansion should cause no significant impacts on surrounding land. The site appears generally suitable for business use. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION RECOMMENDATION: Unanimous approval. APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. Application Date f72,2 ECeE Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner X other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: Shawnee Canning Co, Inc. NAME: ADDRESS: (rn�� .T11nCti 0jj ' Vn _ ADDRESS 22625 TELEPHONE: 888-3429 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) North east side of Proposed U S 522 at Cross Junction Virginia 22625 4. The property has a frontage of 6 `f l feet and a depth of 3 % �, feet and consists of acres. (Please be exact) 5. The property to be rezoned is owned by Shawnee Canning Co. Incas evidenced by deed from T)ominion Trust Co,;;._ recorded in deed book no. 593 on page 633 , registry of the County of Frederick. 6. This property is designated as parcel no. 41 &41Aon tax map no. 13 in the Gainesboro Magisterial District. 7. It is desired and requested that the property be rezoned from A-1 to B-2 8. It is proposed that the property will be put to the following use Retail sales of groceries, fruits & canned goods 9. It is proposed that the following buildings will be constructed Furit market & Gorcery Store 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) MAMF 1• Jeannette B. Eaton Hoffman Address: Property 18000 A00 ID#: 0000 0000 0039-0 2. Shawnee Canning Co. Inc. Address: Cross Junction Va, 22625 Property 18000 A00 ID#: 0000 0000 0040-0 3. Address: Property ID# 4. Address: Property ID#: 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 this application . . . Signature of Owner: Shawnee Canning Co. Inc. resident. Complete Mailing Address: Cross Junction, Virginia 22625 Telephone Number: 888-3249 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 4S Approval Denial COUNTY ADMIN. (signed) C2oSS� I COUNTY of FREDERICK Departments of Planning and Building 703/655-5650 July 23, 1986 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The Application Of: Shawnee Canning Company, Inc. Rezoning Application To: Rezone 3.416 acres, located on the northeast side of proposed U.S. Route 522 North, from A-1 (Agricultural General) to B-2 (Business General). This rezoning application will be considered by the Frederick County Planning Commission at their meeting of August 6, 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/dll 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed -�-o the following on July 23, 1986, from the Department of Planning and Development, Frederick County, Virginia: obert W. Watkins, Director Frederick County Dept. of Planning and Development STNIE OF VIRGINIA COUNTY OF FREDERICK I, �C��l , 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, date 4 / has personally appeared before me and acknc edged the same in my state and county fonresaid. Given under my hand this q� day of 1986. My commission expires onS &Z diJtw_<�V NOTARY PUBLIC COUNTY of FREDERICK I Departments of Planning and Building 703/655-5650 July 30, 1986 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The Application Of: Shawnee Canning Company, Inc. Rezoning Application To: Rezone 3.416 acres, located on the northeast side of proposed U.S. Route 522 North, from A-1 (Agricultural General) to B-2 (Business General). This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of August 13, 1986, at 7:15 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/dll 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 July 30, 1986 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The Application Of: Shawnee Canning Company, Inc. Rezoning Application To: Rezone 3.416 acres, located on the northeast side of proposed U.S. Route 522 North, from A-1 (Agricultural General) to B-2 (Business General). This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of August 13, 1986, at 7:15 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/dll This is to certify that the attached correspondence was mailed to the following on July 30, 1986, from the Department of Planning and Development, Frederick County, Virginia: Robert W. Watkins, Director Frederick County Department of Planning and Development STATE OF VIRGINIA COUNTY OF FREDERICK Ia Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director of the Department of Planning and Development, whose name is signed to the foregoing, date -1' 30 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this -36' 2 day of ':���_ , 1986. My commission expires on 'A , 063 NOTARY PUBLIC Cro 4 r .Silt UP-- 01 P !-;; : ,w TO: COUNTY of FREDERICK Departments of Planning and Building M 0 R A N D U M 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Gainseboro Fire Company , ATTN: Mr. Larry Light Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 27, 1986 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Site Plan X Rezoning We are reviewing the enclosed request by Shawnee Canning Company , or their representative, George B. Whitacre, President 888-3249 Will you please review the attached and return your comments to me as soon as possible. -------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 3 N 1) n[P, 6� A:w &J1,,,c::S TO: COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/655-5650 Highway Department , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Gainseboro Fire Company , ATTN: Mr. Larry Light Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 27, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Rezoning We are reviewing the enclosed request by Shawnee Canning Company , or their representative, George B. Whitacre, President 888-3249 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to rezoning. 01 Signature Date - / 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/655-5650 TO: Highway Department , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Gainseboro Fire Company , ATTN: Mr. Larry Light Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 27, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Rezoning We are reviewing the enclosed request by Shawnee Canning Company , or their representative, George B. Whitacre, President 888-3249 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 1 Signature - ; -)_ , Date i o -- �C' -- � _ 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 z y - i APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. Submittal Deadline is Application Date For the Meeting of Fee Paid 1. The applicant is the owner X other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: Shawnee Canning Co. Inc. NAME: ADDRESS: (rncc .Tnnrtinn, Va. ADDRESS: 22625 TELEPHONE: 888-3429 TELEPHONE: - 3. " The property sought to be rezoned is located at (please give exact directions) North Past side of Proposed U S 522 at Cross Junction Virginia 22625 4. The property has a frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property to be rezoned is owned by Shawnee Canning Co. Incas evidenced by deed from T)nmininn T is Co.-- recorded in deed book no. 593 on page 633 , registry of the County of Frederick. 6`. This property is designated as parcel no. 41 &4lAon tax map no. 13 in the Gainesboro Magisterial District. 7. It is desired and requested that the property be rezoned from A-1 to B-2 B. It is proposed that the property will be put to the following use Retail sales of groceries fruits & canned goods 9. It is proposed that the following buildings will be constructed Furit market & Gorcery Store 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) rininz. 1' Jeannette B. Eaton Hoffman Address: Property 18000 A00 ID#: 0000 0000 0039-0 2. Shawnee Canning ,Co. Inc. Address: Cross Junction Va. 22625 Property 18000 A00 ID#: 0000 0000 0040-0 3. Address: Property ID# 4. Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: nal comments, if any the undersigned, do hereby respectfully make application ition the governing body to amend the zoning ordinance and ge the zoning map of the County of Frederick, Virginia, with ve facts as support of this application . . . re of Owner: Shawnee Canning Co. Inc. President. Mailing Address: Cross Junction, Virginia 22625 �e Number: 888-3249 For Office Use Only NMISSION PUBLIC HEARING RECOMMENDATION OF (date) Dval F-1 Denial SECRETARY (signed) ?ERVISORS PUBLIC HEARING ACTION OF (date) I—J HYYroval Denial COUNTY ADMIN. (signed) 1 I r CS41cC: sml 5/8/85 633 #1899 DOMINION TRUST COMPANY, ET ALSO TO: DEED SHAWNEE CANNING COMPANY, INC, B K 5 9 3 P G 6 3 3 THIS DEED, made thisT day of I 1 t 1905, by and between D014INION TRUST COMPANY, Trustee under the Will of Harold R. Edwards, deceased, hereinafter called the Grantor; SHAWNEE CANNING COMPANY, INC., a Virginia corporation, hereinafter called the Grantee; and H. Robert Edward: and Betty D. Edwards, his wife; Thelma B. Rockwell and Chester S. Rockwell, her husband; and Elizabeth V. Edwards, widow, parties of the third part. WHEREAS Harold R. Edwards departed this life October 5, 1970, and by his will, probated in Will Book 42, Page 641, among the land records of the City of Winchester, Virginia, and recordec in Will Book 72, Page 501, among the land records of Frederick County, Virginia, did leave certain real estate, a part of which is conveyed herein, to be held in trust by the Grantor herein for purposes more particularly stated in the Will; and WHEREAS pursuant to the Trust setforth in that Will the Grantor herein desires to convey the property described below; and 1 WHEREAS the parties of the third part, being the beneficiaries of the Trust and'all residuary beneficiaries upon the termination of the trust wish to join in this instrument to indicate their consent to this conveyance, , WITNESSETH: That in consideration of the sum of Ten Dollars ($10.'00).and other valuable considerations paid the Grantor by the Grantee on or before the delivery of this deed, the rgceipt of all.of which,is hereby acknowledged, the Grantor hereby grants, sells and conveys, with Special Warranty, unto the $MAR 1. X66110LISH. Grantee, in fee simple, the following real estate, together with aRoccw000,: all improvements and appurtenances thereto belonging but subject [11-11t 1f [AI �It CM [ll[4 tNtIMY to all easements and legally enforceable restrictions and 2 0 634 i i $MARR. MCCANOLI/N . RCCRNCGG A"O--M At LAR RIMCMt IK.. •IOIMM ea593Pc634 Ireservations of record affecting such realty: Parcel One: All of that certain tract or parcel of land containing 3 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the West side of Va. Highway U.S. 522 at Cross Junction in Gainesboro District, Frederick County, Virginia, and being the same land which was conveyed to Harold R. Edwards by Deed dated November 1, 1947, and recorded in Deed Book 203, Page 100, among the land records of Frederick County, Virginia. Parcel Two: All of that certain lot or parcel designated as tract (1) in a deed from Max Braithwaite to Harold R. Edwards, dated September 11, 1969, and recorded in Deed Book 358, Page 392, among the land records in the Circuit Court of Frederick County, Virginia, in which deed the property herein conveyed.is more fully described as containing two acres, more or less, lying and being situate along the Eastern side of the proposed new location of U. S. Highway No. 522, at or near Cross Junction, in Gainesboro District, Frederick County, Virginia, and more accurately described as beginning at the Southwestern corner of the land now owned by said party of the second part, and running thence S 78 degrees W, a new straight division line, (being a continuation of the Southern boundary of said Edwards lot), a distance of 106 feet, more or less, to the Eastern boundary of said Highway; thence therewith in a general Northern direction a distance of 662 feet, more or less, to a corner to the land of Jeanette Eaton; thence, first with her line, and then with the line of Grove, S 88 degrees 25' E a distance of 406 feet, more or less, to a corner to Grove and Edwards; thence with the Edwards line S 11 degrees E a distance of 478.5 feet, more or less, to the point of beginning. The parties of the third part by their signatures glow evidence their consent to this conveyance and hereby alease'and quit -claim to the Grantee any interest they might therwise claim.in the property herein conveyed. WITNESS the following signatures and seals: DOMINION TRUST�C0111PAL4Y, TRUSTEE Bys�� 1 (SEAL) 2 - i r - 1 r.:d.�:�a+r[aa��•xa.�vtir�+rr+'��ti:'ik�v • CCANDUS 2 KWOOD \I�f�OfO �WrY BK593PG635 H. Robert Edwards SEAL) Best (SEAL) oy_ Edwar�s • D' ��/ Tie E. Roc we (SEAL) ter s. L) A- a V. �war s (SEAL) STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this ir day of 1985, by 4',c...e _-;Z who is t/� :, of UOMINIUII TRUST COMPANY, TRUSTEE. My commission expires 11A­ Notary Public STATE OF VIRGINIA CITY/CAeuNYyF- OF to -wit: The foregoing instrument was acknowledged before me this 4�day of �,�, 1905, by H. Robert Edwards and 3etty D. Edwards, his wife. I4y commission Vxpires (.-N Notati Publ-ic ;TATE OF 1TY/COURIvy OF 1 _I to -wits The foregoing instrument was acknowledged before me his ij�day of _ ),j , 1985, by Elizabeth V. Edwards. - 3 - 67 i BDAAL DCCAMOUSN II • ROCKWOOD NI eneeeCn er ue eK593PG636 My commission expires � 1 Notary Public STATE OF VIRGINIA CITY/GO"T-Y eF 4L ' to -wit: The foregoing instrument was acknowledged before me this _Ai_6" day of n_• , 1985, by Thelma R. Rockwell and ChesterS.Rockwell, her husband. My commission expires Notar Pub is �- /iRGINIA FREDERICK COUIJ•TY, SCT. This instrument of writing was produced to me on the /7��-day of �2/ , 19_X_� , /7) ind with certificate of actlowledgment thoreto aaae ceI r •,. idmitted to rocord. Tax imposed by Sac. 6d• e4. i of 6 /' , and 5&54 have been paid, if a.sd.s.sn.. ee I Clem 4 4- ,07 I. Lee A. Ebert on this the 22nd day of October 1985 do hereby certify that the plat and description attached hereto is a true copy P of a survey made by me on July 3. 1985 of land conveyed to Shawnee Canning Company, Inc. by Dead dated 5-13-85 recorded in Deed Book 593 Page 633 . The said land lies in GainesborO District, STATE OF VIRGINIJ COUNTY OF r.TO-Witt Janet D. Lowery -_ j a Notary Public in and for the state Of Virginia and County of Frederick • do hereby certify that this day personally appeared before me Lee A. Ebert whose name is signed to the foregoing instrument dated 22nd day of October and acknowledged the same before me in my State and County aforesaid.'* Given-under.my hand this;- 22ndday of October 1985, MY Commission expires, 6-3-88 1 1.4 AA_ 0, % 0I j % t r I AB 9 rr� , BK603PG842 d •0 r 'n N PARCEL`- t ' T W O • I IRON PIN o i 2.486 M46.0101` E-216.47 m Oa ACRES to C4 PARCEL o 3 3 ONE / p o"ao Cb 3.033 ACRES cn : � • '` ti In O omN a , ry 03 OS .:o • S) •� J W ri az lV l 22 a 00 •Ix 00 , of v o ' vi. 1,4 ' cLEE•A. BER " h0 \ �' CAMIFICATE iIO. T Y I ,y ry 0 484 • i �Q• Q• tAnn `� 0 ;y �l •1 -N C' �.s �� ' BK603PGO43 The Accompanying Plat is a Survey of the Land conveyed to Shawnee Canning Company, Inc. by Deed dated 13 Ftay 1905 in Deed ttoolc 593 Pag3 633. The Improved Parcel One fronts the Western Highway Boundary Line of U. S. Route 522, and Parcel Two fronts the Northeastern Highway Boundary Lines of the Proposed U. S. Route 522. The said Land isjat Cross Junction. in Gainesboro District, Frederick County, Virginias FARCEL ONE - 3.033 ACRESI Beginning at an iron pin in the l Western Boundary Line of Route 522, a corner to the Deed Book 479 Page 763'Land, running with the Western Line of the said Land S 090 07' 15" E - 149.77 fte to a post in the Northern Line of tho Eaton Landl thence with the said Line S 770 46' 34" W - 264.00 ft. to an iron pin corner to Parcel Tool thence with the Eastern Line of the said):and N 140 20' 40" W - 475.16 ft. to an iron pin corner to the Eaton Lands thence `fith the Southeastern Lino of the said Land N 460 01' 01" E - 216.47 ft. to an iron pin in the said Western Boundary Lines thence with the said Line S 25° 44' 55" E - 451.75 ft. to the beginning. PARCEL TWO - 2.406 ACRFSt Beginning at an iron pin (found) in the Northeastern Boundary Line of the Proposed Route 522, a corner to the Eaton Land, running with the Three Following Boundary Lines N 38° 35' 43" W - 27.50 ft. to a monuments thence N 290 01 " 30" W - 3.05.00 tt.1 thence N 500 33' 24" W - 336.34 ft. to a corner to the fib ton Landl thence with the Southern Line of the said Land S 870 33' 121' E 417.03 ft. to an iron pin corner to parcel Onel thence with the Western Line of the said Land S 140 20' 48" E - 415.16 ft. to -an iron pin in the Northern Line of the Eaton ;v+j", V.- Land; thence with the!'said Line 'S 770 460 34" W - 112.05 ft. to the beginning. LEe A. EDEItT'i Surveyed - - - July 3, 1905 (jlilllllAtC"`' 434 uMWNIA FRCUCRICM CVUMV. SCL ..IN1) ilia InsVument OI wr ng w.a produced to me on the AF.....� _Q �• R - and with cortlllcato Of Ocknowledgnunl tMlato annexed was odmlt W s racard, Ln AI 1 . 843 0 COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/655-5650 TO: 1 S�J7t £i L� Highway Depa nt , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Gainseboro Fire Company , ATTN: Mr. Larry Light Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: June 27, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Rezoning We are reviewing the enclosed request by Shawnee Canning Company , 3y?'t or their representative, George B. Whitacre, President 888-3249 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature :41JtV Date -7 (p 1 !?(o 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. Submittal Deadline is Application Date For the Meeting of Fee Paid 1. The applicant is the owner R other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: Shawnee Cannine Co. Inc. NAME: ADDRESS: Crnca .TnnrtinnVa. ADDRESS: 22625 TELEPHONE: 888-3429 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) North east side of Proposed U S 522 at Cross Junction Virginia 22625 4. The property has a frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property to be rezoned is owned by Shawnee Canning Co. Incas evidenced by deed from Dnminion Trust Co - recorded in deed book no. 593 on page 633 , registry of the County of Frederick. 6. This property is designated as parcel no. 41 &4lAon tax map no. 13 in the Gainesboro Magisterial District. 7. It is desired and requested that the property be rezoned from A-1 to B-2 B. It is proposed that the property will be put to the following use Retail sales of groceries fruits & canned goods 9. It is proposed that the following buildings will be constructed Furit market & Gorcery Store 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) NAME. 1. Jeannette B. Eaton Hoffman Address: Property 18000 A00 ID#: 0000 0000 0039-0 2. Shawnee Canning Co. Inc. Address: Cross Junction Va. 22625 Property 18000 A00 ID#: 0000 0000 0040-0 3. Address: Property ID# 4. Address: Property ID#: A, . Page Two Rezoning mamp 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 this application . . . Signature of Owner: Shawnee Canning Co. Inc. President. Complete Mailing Address: Cross Junction, Virginia 22625 Telephone Number: 888-3249 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) F7Approval a Denial SECRETARY (signed) BOARD OF' SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval F1 Denial COUNTY ADMIN. (signed) :,�i..!.'., s.; �. .,:r.:'�.-+.;:,..•.:A..✓.:::�.;�-...w�+er}i,,:�.41'j?mot H.w.. CSIdcC: sml 5/u/85 633 #1899 DOMINION TRUST COMPANY, ET ALS TO: DEED SHAWNEE CANNING COMPANY, INC. ;c BK593Pc633 THIS DEED, made this 1T day of 1 � � 11 Y) 1985, by and between DOMINION TRUST COMPANY, Trustee under / the Will of fiarold R. Edwards, deceased, hereinafter called the Grantor; SHAWNEE CANNING COMPANY, INC., a Virginia corporation, hereinafter called the Grantee; and H. Robert Edward; and Betty D. Edwards, his wife; Thelma E. Rockwell and Chester S. Rockwell, her husband; and Elizabeth V. Edwards, wiaow, parties of the third part. WHEREAS Harold R. Edwards departed this life October 5, 1970, and by his will, probated in Will Hook 42, Page 641, among the land records of the City of Winchester, Virginia, and recorded in Will Book 72, Page 501, among the land records of Frederick County, Virginia, did leave certain real estate, a part of which is conveyed herein, to be held in trust by the Grantor herein for purposes more particularly stated in the Will; and WHEREAS pursuant to the Trust setforth in that Will the Grantor herein desires to convey the property described below; and WHEREAS the parties of the third part, being the beneficiaries of the Trust and all residuary beneficiaries upon the termination of the trust wish to join in this instrument to indicate their consent to this conveyance, WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantor by the Grantee on or before the delivery of this deed, the receipt of all of which,is hereby acknowledged, the Grantor hereby grants, sells and conveys, with Special Warranty, unto the Grantee, in fee simple, the following real estate, together with tMA■., YcC.IID LI. M' .,DCKWDDD all improvements and appurtenances thereto belonging but subject to all easements and legally enforceable restrictions and of k r x t 'J 1 634 BK593Pc634 reservations of record affecting such realty: Parcel One: All of that certain tract or parcel of land containing 3 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the West side of Va. highway U.S. 522 at Cross Junction in Gainesboro District, Frederick County, Virginia, and being the same land which was conveyed to Harold R. Edwards by Deed dated November 1, 1947, and recorded in Deed Book 203, Page 100, among the land records of Frederick County, Virginia. Parcel Two: All of that certain lot or parcel designated as tract (1) in a deed from Max Braithwaite to Harold R. Edwards, dated September 11, 1969, and recorded in Deed Book 358, Page 392, among the land records in the Circuit Court of Frederick County, Virginia, in which deed the property herein conveyed is more fully described as containing two acres, more or less, lying and being situate along the Eastern side of the proposed new location of U. S. Highway No. 522, at or near Cross Junction, in Gainesboro District, Frederick County, Virginia, and more accurately described as beginning at the Southwestern corner of the land now owned by said party of the second part, and running thence S 78 degrees W, a new straight division line, (being a continuation of the Southern boundary of said Edwards lot), a distance of 106 feet, more or less, to the Eastern boundary of said Highway; thence therewith in a general Northern direction a distance of 662 feet, more or less, to a corner to the land of Jeanette Eaton; thence, first with her line, and then with the line of Grove, S 88 degrees 25' E a distance of 406 feet, more or less, to a corner to Grove and Edwards; thence with the Edwards line S 11 degrees E a distance of 478.5 feet, more or less, to the point of beginning. The parties of the third part by their signatures low evidence their consent to this conveyance and hereby lease'and quit -claim to the Grantee any interest they might ise claim in the property herein conveyed. WITNESS the following signatures and seals: DOMINION TRUST,CUMPAL4Y, TRUSTEE By S`-e (SEAL) 2 Al f w �l�T ..ice w J� r'['' a, r:.�• C7� A a. MCCAMDWM • coccWDoo MNDM �� W �I�DrY10 \WW1 DO93PG635 H�n{Robert Edwards SEAL) --fit,-.r�i (SEAL) Bet/t�y Edwards A nn %%Itu 2--' `- S A l ,F 11/ (SEAL) TTielma E. Roc wel ter S. SEAL) I G (SEAL) �W.r s STATE OF VIRGINIA CITY OF WINCHESTER# to -wit: The foregoing instrument was acknowledged before me this day of _ �,J , 1985, by /I c? ._Y who is V, , of UUMINIUI7 TRUST COMPANY, My commission expires Notary Pub 1c STATE OF VIRGINIA CITY/CeohlLy-OF 1�, to -wit: The foregoing instrument was acknowledged before me this /.j r'-='• day of �,/«, , 1905, by Ii. Robert Edwards and Betty D. Edwards, his wife. My commission pxpires c1 i7 i%99 Notaty Publ c ;TATE OF V./ �..� ... :ITY/COula _y OF , to -wit, The foregoing instrument was acknowledged before me .his i,��day of ).. , 1985, by Elizabeth V. Edwards. M&M "'^�'.��'�..a'i:'',a%ia'�t�•X'%.t�A�.s :.r!.L;.':� w�. z k4;+c'.a.`"7°� 1111ARI, OCCANDusw D 2OCRW'OOD �neum u w *-".Oak n.4MM BK593PG636 My commission expires Notary Pu is STATE OF VIRGINIA CI'PY/GOE3NBY t3F to -wit: The foregoing instrument was acknowledged before me this —_4"day of �. 1985, by Thelma R. Rockwell and ChesterS.Rockwell, her husband. My commission expires _�4 j -�` Notary Public /dIGINIA ii MMUCK CouliTIf, SCT. This instrument of writing was produced to me on the and with certificate of ac,6iowledagnont thereto anaecil r... idmitted to record. Tax imposed by Sac. 96•..4.1 ui and SEE 54 have been paid, if a:sd-s•.n.. .. 1 Clem - 4 - w4: z� i _. .. in 44948 •' BK603PG84 �� • . r I, Lee A. Ebert t , on this the 22nd day of October 1985 , do hereby certify that the plat and description attached hereto is a true copy of a survey made by me on Julv 3, 1985 of land conveyed to Shawnee Canning Company Inc by Deed dated 5-13-85 r , recorded in Deed Book 593 Page 633 The said land lies in Gainesboro District, (SEAL) A4._2Lzyor STATE OF VIRGINI)�, COUNTY OF Frndf,rirk , To -Witt Janet D. Lowery , a Notary Public in and for the State of Virginia and County of Frederick do hereby certify that this day personally appeared before me. Lee A. Ebert , whose name is signed to the foregoing instrument dated 22nd day of October and acknowledged the same before me in my State and , Countv aforesaid.' , Given.under.my hand this' 22ndday of October �1985, My Commission expires, _3-88 ,. n' t�' 1 ,'.•>a t t •'►.rlr '.1.1 � 1 ,�! r` r� 1' •11 .. , • •. ,1.r1 � t� � ',fit •P. ,^ {• k^ A I I hr a 842 IA 1T �B? y�q� 4e �TF � r BK603Pc842 1 .1160 � O - N L' PARCE `�- t w T W O o o i IRON qN 2.486M46'01'01'E-216.47 o a ACRES cr- � •�� v% IV O n� 1 !� PARCEL 0 3 3 ONE ° 3.033 o 76 `� o ACRES O °' m ti - oN.2 J CL ' 2 � � n � =o U.. LL ? I a (� ¢Ib iJ ?� 2 ^1 ^ 2, Z ✓F 46� �� 3 ? ^ ox Et 00 e4T�N �S�•'b u o �p mod` s h0 (o oQ c� lEE'A. IE RT r u C/.Ji71FICATE tIO. it 484 �?Ann \ I 1 ! .�°�'�: mac^=�.''Y�:�i5"►� .a- . - . - a'. :r s � i:7 �• �t 1 7 t �,, << is t a �• T:- i 5 r x 71 F te 1 ?5` BK603PG043 The Accompanying Plat is a Survey of the Land conveyed to Shawnee Canning Company, Inc. by Deed dated 13 May 1985 in Deed Itonlc 593 Pag3 633. The Improved Parcel One fronts the Western Highway Boundary Line of U. S. Route 522, and Parcel Two fronts the Northeastern Highway Boundary Lines of the Proposed U. S. Route 522. The said Land is!at Cross Junction, in Gainesboro District, Frederick County, Virginias PARCEL ONE - 3.033 ACRESs Beginning at an iron pin in the WesternBoundaryLine of Route 522, a corner to the Deed Book 479 Page 763'Land, running with the Western Line of the said Land S 090 07' 15" E - 149.77 fte to a post in the Northern Line of the Eaton Lands thence with the said Line S 770 46' 34" W - 264.00 ft. to an iron pin corner to Parcel Twos thence with the Eastern Line of the saidA:and N 140 204 48" W - 475.16 ft. to an iron pin corner to the Eaton Lands thence frith the Southeastern Lino of the said Land N 460 01' 01" E - 216.47 ft. to an iron pin in the said Western Boundary Lines thence with the said Line S 25° 44' 55" E - 451.75 ft. to the beginning. PARCEL TWO - 2.486 ACRESs Beginning at an iron pin (found) in the Northeastern Boundary Line of the Proposed Route 522, a corner to the Eaton Land, running with the Three Following Boundary Linea N_380 35' 43" W - 27.50 ft. to a monuments thence N 290 01 " 30" W - 3,05.00 ft.s thence N 500 33' 24" W - 336.34 ft. to a corner to the Eaton Lands thence with the Southern Line of the said Land S 870 33' 12" E 417.03 ft. to an iron pin corner to Parcel Ones thence with the Western Line of the said Land S 140.20' 48" E - 475.16 ft. to. -an iron pin in the Northern Line of the Eaton (LE J1C) Lands thence with the"said Lino77° 46' 34" Si - 112.05 ft. to the beginning. .. E B E It TSurveyed- - - .Tuly 3, 190$N"IE"`' ;AiNidNiA FREUCRICN CUUttTY• SCI• A N U ♦t� itua Instrument of wrltmQ was produced to ma On the „ •t _..,$.ony olet I and with cortd"to OI .cknowtadanwat Uvrato annexed was odmlttb a record. t 843 M N Lo oe� qti C• Z S�% o AAA �Ti' A ti d •p 0 N Cf IRON PIN LIJ (FOUND) � (� N 46' 01' 01 " E- 216.47 � Z O �l O o U 14) ;T 2 a �• � 4 J ` //� ff^^ � o Cn OD 0 O `J \ / � O 0 3 a �' If) Q r �, 41 O C� W % mod` 0 CD : o Q� it)J O 0 % r %n O n a =rn TH z C14)i r-� rr IF ,It In 0 D ..A I � � � Q• v/Q• 2�� � 2� �. I� o Q aQ • 6Si �a � ,�. .Q.s1 / I• �6' i 1498 a z S/y 4 % \� oq' O w Nn suR o � !t coM A u� 0 a 4 HY cl • 0S Oj 051 S H A W N E E t` m Q HHj O��` CANNING CO. INC. N a S03 H Ic "VG D.B.479 — P. 7$3 cc 0.e30 A°sr�. BOUNDARY LINE ADJUSTMENT APPROVF-D m• ti FREDERICK COUNTY PLANNING DEPT. Pb 1 /, 633 CS1.1cC: sml 5/8/85 f MARR, MCCAIIDLI{M ROCKWOOD AIIOAM[V{ AT LAM •IMCM[li94 t140IMIA #1899 DOMINION TRUST COMPANY, ET ALS TO: DEED s: SHAWNEE CANNING COMPANY, INC. BK593Pc633 11 rn �) THIS DEED, made this 7- day of m %� 1985, by and between D014INION TRUST COMPANY, Trustee under the Will of Harold R. Edwards, deceased, hereinafter called the Grantor; SHAWNEE CANNING COMPANY, INC., a Virginia corporation, hereinafter called the Grantee; and If. Robert Edward; and Betty D. Edwards, his wife; Thelma L. Rockwell and Chester S. Rockwell, her husband; and Elizabeth V. Edwards, wiaow, parties of the third part. WHEREAS Harold R. Edwards departed this life October 5, 1970, and by his will, probated in Will Book 42, Page 641, among the land records of the City of Winchester, Virginia, and recordec in Will Book 72, Page 501, among the land records of Frederick County, Virginia, did leave certain real estate, a part of which is conveyed herein, to be held in trust by the Grantor herein for purposes more particularly stated in the Will; and WHEREAS pursuant to the Trust setforth in that Will the Grantor herein desires to convey the property described below; and WHEREAS the parties of the third part, being the beneficiaries of the Trust and all residuary beneficiaries upon the termination of the trust wish to join in this instrument to indicate their consent to this conveyance, WITNESSETH: That in consideration of the sum of Ten Dollars ($10.'00) and other valuable considerations paid the Grantor by the Grantee on or before the delivery of this deed, the receipt of all of which,is hereby acknowledged, the Grantor hereby grants, sells and conveys, with Special Warranty, unto the Grantee, in fee simple, the following real estate, together with all improvements and appurtenances thereto belonging but subject -11 easements and legally enforceable restrictions and 634. z s SMARR. MCCANDLIfN A ROCKWOOD ATTORNEYS AT LAN •INCH[{T[R. VIRGINIA UK593Pc634 Ireservations of record affecting such realty: Parcel One: All of that certain tract or parcel of land containing 3 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the West side of Va. Highway U.S. 522 at Cross Junction in Gainesboro District, Frederick County, Virginia, and being the same land which was conveyed to Harold R. Edwards by Deed dated November 1, 1947, and recorded in Deed Book 203, Page 100, among the land records of Frederick County, Virginia. Parcel Two: All of that certain lot or parcel designated as tract (1) in a deed from Max Braithwaite to Harold R. Edwards, dated September 11, 1969, and recorded in Deed Book 358, Page 392, among the land records in the.Circuit Court of Frederick County, Virginia, in which deed the property herein conveyed.is more fully described as containing two acres, more or less, lying and being situate along the Eastern side of the proposed new location of U. S. Highway No. 522, at or near Cross Junction, in Gainesboro District, Frederick County, Virginia, and more accurately described as beginning at the Southwestern corner of the land now owned by said party of the second part, and running thence S 78 degrees W, a new straight division line, (being a continuation of the Southern boundary of said Edwards lot), a distance of 106 feet, more or less, to the Eastern boundary of said Highway; thence therewith in a general Northern direction a distance of 662 feet, more or less, to a corner to the laird of Jeanette Eaton; thence, first with her line, and then with the line of Grove, S 88 degrees 251 E a distance of 406 feet, more. or less, to a corner to Grove and Edwards; thence with the Edwards line S 11 degrees E a distance of 478.5 feet, more or less, to the point of beginning. The parties of the third part by their signatures below evidence their consent to this conveyance and hereby release'and quit -claim to the Grantee any interest they might )therwise claim.in the property herein conveyed. WITNESS the following signatures and seals: M DOMINION TRUST COMPANY, TRUSTEE Bye (SEAL) 2 - I 6351 iMAAK. 14CCANDUSH 4 ROCKWOOD ATTOAMCM AT LAW 91MCMM92. t1AA/M&A OK593PG635 H. Robert Edwards SEAL) Betty Edwar s (SEAL) '-IL � ' \-1n �-�1, rQ M (SEAL) ,elma E. Rockwell Cc,ester S, R c x w e SEAL) 4 - e h V. E wards (SEAL) STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this day of �,J , 1985, by who is vl__ Of UUMINIuIJ TRUST COMPAtJY, TRUSTEE. My commission expires t� Notary Public STATE OF VIRGINIA CITY/eeUN4-Y- OF 1�-.,_--�...�- . , to -wit: The foregoing instrument was acknowledged before me this L�MI-day of _2�- , 1985, by H. Robert Edwards and Betty D. Edwards, his wife. MY commission gxpires (, aotaty Publ c iTATE OF ���-.�-•-.� 'ITY/COkA4! _y OF ZJ to -wit: The foregoing instrument was acknowledged before me ') a , 1985, by Elizabeth V. Edwards. - 3 - S URR. WCAMDUSH ROC RWOOD AT10011I7I AT LAW WIMCM[RIM. Maim OK593PG636 My commission expires C' Notary Pu lic STATE OF VIRGINIA CITY/COUNTY OF h) ,.L _ �,. , to -wit: The foregoing instrument was acknowledged before me this/ -day or , �,. 1985, by Thelma R. Rockwell and ChesterS. Rockwell, her husband. My coltunission expires 01 Notary Pub is /dIGIN1A MMERICK COUNTY, SCT. This in rument of writing was produced to me on the Ind with certificate of ac6iowledgmont thoreto anae c-i1 r Idmitted to rocord. Tax inpasod by Sic. 56-.4.1 ct and 5LI-54 have been paid, if a .so _s,,D,. I • Clerti - 4 - I 941- #4948 11 Lee A. Ebert on this the 22n day of October 1985 do hereby certify that the plat and de . scription attached hereto is a true copy of a survey made by me on July 3. 1985 of land conveyed to Shawnee Canning Company, Inc. by Deed dated 5-13-85 recorded in Deed Book 593 Page 633 The said land lies in Gainesboro • —District, Xe (SEAL) -Sury 4yor STATE OF VIRGINI_ COUNTY OF Fred rick To -Wit: Janet D. Lowery a Notary Public in.. and for the State of Virginia and county of Frederick do hereby certify that this day personally, appeared before me Lee A. Ebert whose name is signed to the foregoing instrument dated 22nd day of .'October and acknowledged the same before me in my State and County aforesaid.' Given .under.my hand thi,s;' 2�iidday of October 11985. MY Commission expires,— 6-3-8 KI r% V �9t ­44 9:71 .0 it to A* to 842 PIP e T F s o sue. .s e F 6 � O PARCE T W O o Z 2.486 0 Q, ACRES cr- o o"�o 3.0 ro oV) �) oo ov ^. o � 0 �z z � LL �= Q 0 oZ 3 a ¢ � ✓Fq��F?T 4.� 264� F •00, 6 Fq 10 0 0 h0 (o ' ry \ a a� • a Q. BK603PG642 4 at It ,—IRON PIN N46•0101E-216.47 'A RCE L• 0 ONE 33 ,CRES v� J v cn x 0 Ja h 32 a OIN v co U O �Li.�i a L, � te �Oa. ' Q 1' LE A. EDERTUl �r \ C-R-.IFK'ATE Uo. �►' i� 4.84 AN [I 843 6K603PG843 The Accompanying Plat is a Survey of the Land conveyed to Shawnee Canning Company, Inc. by Deed dated 13 May 1985 in Deed ►aonic 593 Pag3 633. The Improved Parcel One fronts the Western Highway Boundary Line of Us S. Route 522, and Parcel Two fronts the Northeastern Highway Boundary Lines of the Proposed U. S. Route 522. The said Land is!at Cross Junction. in Gainesboro District, Frederick County, Virginias PARCEL ONE - 3.033 ACRESe Beginning at an iron pin in the r Western Boundary Line of Route 522, a corner to the Deed Book 479 Page 76311,and, running with the Western Line of the said Land S 090 07' 15" E - 146e77 fte to a post in the Northern Line of the Eaton Land$ thence with the said Line S 770 46' 34" W - 264.00 fte to an iron pin corner to Parcel Two$ thence with the Eastern Line of the saiditand N 140 20' 48" W - 475.16 fte to an iron pin corner to the Eaton Land$ thence �sith the Southeastern Line of the said Land N 460 Ol' 01" E - 216e47 ft. to an iron pin in the said Western Boundary Lines thence with the said Line S' 25° 44' 55" E - 451.75 ft. to the beginning. PARCEL TWO - 2.486 ACRESi Beginning at an iron pin (found) in the Northeastern Boundary Line of the Proposed Route 522, a corner to the Eaton Land, running with the Three Following Boundary Lines N 380 35' 43" W - 27,50 ft, to a monuments thence N 290 01 " 30" W - 305e00 fte$ thence N 500 330 24" W - 336.34 ft* to a corner to the Eaton Lands thence with the Southern Line of the said Land S 870 33' 121' E - 417.03 fte to an iron pin corner to Parcel Ones thence with the Western Line of the said Land S 140. 20' 48" E - 475.16 fte to. -an iron pin in the Northern Line of the Eaton o`+�,y�1 jIv., � i Lands thence with thQ.said Line 'S 770 46' 34" W - 112.05 ft. to the beginnings v LEE A. E Q E R T 'f Surveyed - - - July 3. 190$ (YIIfK;AIL No. � 434 A. IHGINIA FRCDCRICK CUUNIY. SCf. �..1ND y�1� i Thls Instrument of writing was produced to me on the ,g'r�y.� y o�C_C`p�� It n - -1 �kk..... J. Q . !i g Lai. and with cortillcato of acknowledgment thereto annexed was admltt44 o record. i t M