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HomeMy WebLinkAbout011-85 Shawnee Canning Co. - Gainesboro - BackfileVC77- VCT RCco G4 //UCS 3. F12L COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 November 19, 1985 Mr. George B. Whitacre HC3, Box 1 Cross Junction, Virginia 22625 Dear Mr. Whitacre: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of November 13, 1985: Approval of Rezoning Application #013-85 of George B. Whitacre to rezone 70,000 square feet from A-1 (Agricultural -Limited) to B-2 (Business -General) for a fruit market and grocery store for the retail sales of groceries, fruits, and canned goods. This property is located on the northeast side of proposed US Route 522 at Cross Junction and identified as Parcel 42-A on Tax Map 18 in the Gainesboro Magisterial District. If you have any questions regarding this rezoning, please do not hesitate to call this office. Sin y, Joh R. Riley, Jr. Frederick County Administrator JRR/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REZONING REQUEST #OLI-85 George B. Whitacre 70,000 square feet zoned A-1 (Agricultural -Limited) to be rezoned to B-2 (Business -General) LOCATION: Northeast side of proposed US Route 522 at Cross Junction. MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Residential and industrial land use and A-1 and M-1 Zoning. PROPOSED USE AND IMPROVEMENTS: Fruit Market and grocery store for the retail sales of groceries, fruits, and canned goods. REVIEW EVALUATIONS: VA Dept of Highways & Transportation - No objection to rezoning; however, it will be necessary to construct a commercial entrance according to the VDH&T's minimum requirements prior to opening this business. Health Department - Drainfield site located; no objections. Gainesboro Fire Company - No comment. 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 - This request is an extension of M-1 Zoning on Route 522 North. The new request will be separated only by public and private right- of-way. Extenuating circumstances exist which create the necessity of this rezoning. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS: Unanimous Approval. Y APPLICATION FOR I&NING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. Submittal Deadline is De-? Application Date /c, �15�— For e Meet' of Fee Paide/o 02- 1. The applicant is the owner /-'� other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: .E ,� NAME: ADDRESS: 2:1 'ADDRESS: TELEPHONE: TELEPHONE: 3. The property sought to be rezoned is located at (please give exact d * rections) 4. The property has a frontage ofj , Id feet and a depth of7 feet and consists of.7.2, �acr-ems. ( Please be exact) 4 = _ 5. The property to be rezoned is owned b ,�� /e /✓/✓�(vl' �s evidenced by deed from) recorded in d book no. on page , regis ry o t e County ogrP.,l�w;�k W; // 6-e-- 6. This property -ice designated as parcel no. on tax map no. /9 in the &,9.;,res 6O1-1) Magisterial District. 7. It is�desired and requested hittheproperty be rezoned from to 8. It is proposed that the property will be put„ to. the following use 9. It is proposed that the following buildings will be constructed 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. i`i. ool 1 . d �i ciu�R �s Address41-. S 1-�oX 977 Property"ID#: ' /SQ©O HBD o0on O 113---0 2. J �.r3�✓ ff e. a. Address: VA Property ID#: /9'000 3 .Si,,4k.,-r.� A ��y.r^�. ,� �O ~'��~% 1 �< • Address • _ Property ID# /So©o ,a oa o000 0000 0e) 4.5/,.�w•ee- ���.;.� Dry ire CSC. Address:/ _ J e,-" f �G/.,ic/'o✓ �- c)�G �S� Property ID# : /S-000 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 . . . J Signature of Owner: Signature of Applican V Complete Mailing Address: Z d 3 s /1-n L11' 12 Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) /i 6 8.5- Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval � Denial COUNTY ADMIN. (signed) ,A. 25 2pts W. �\ 25A 15A PTS h) 308 30 art, i f � ants 30A \ � 132 31 rats 32 A. �'2 \ =-35A d30 i E `. JI INC11 )N r� f � qIA\ !A �� � q Spin \•' \'�ta \ /42' 43 119 • q m8 � r, n T b b O Q r,) 4° 0) d m O� 46- .30LLJ ) 30, ao 3 i o `,� co rV w Nq4"52'32 E Q� m et ry 03•p9 O o l ' (�(V W � IRpN DIN � O ° V tD I y r O 1; d ° N V) IM V I O n 0 Cn o °' v � a v /W m v / C9 O Cl O Iz cl- N N Ln w' u. 7 �G. I BOUNDARY LINE ADJUSTMENT APPROVED FREDERICK COUNTY PLANNING DEPT. WINCHESTER - FREDERICK CO HEALTH DEPT. N N I (9 q cY1 ��o Q s F ,60 3 A% N PARCE L"-'- TWO Li o o z 2.486 OACRES a v m I3 / 0 3 ; Zo �. co 3.0 0� o oL 'ti a rL O n, r; CL O os .� 3 W a F4 F �F 4V 4 O To 6 0 'Oo sT rg h � co � pti aQ ti, a �a • Q Z/ 0 - IRON PIN ' N46001'01"E_216.47, n 'A RCE L ONE 33 ACRES v� J a cn z OZ (\iQ. om C" J0. toa W 0� O^ �vm va 0�. c') LVJ ram' c LCRT (ARTIMATE tic. io �A'o 4a4 163 The Accompanying Plat is a Survey of the Land conveyed to Shawnee Canning Company, Inc. by Deed dated 13 May 1985 in Deed Book 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 ACRES: Beginning at an iron pin in the 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 ft. to a post in the Northern Line of the Eaton Land; thence with the said Line S 770 46' 341, W - 264.00 ft. to an iron pin corner to Parcel Two; thence with the Eastern Line of the said Land N 14° 20- 48" W - 475.16 ft. to an iron pin corner to the Eaton Land; thence with the Southeastern Line of the said Land N 460 01' 01" E - 216.47 ft. to an iron pin in the said Western Boundary Line; thence with the said Line S 250 44' 55" E -- 451.75 ft,. to the beginning. , PARCEL TWO - 2.486 ACRES: 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' 431, tit - 27.50 ft. to a monument; thence N 290 01' 30" W - 305.00 ft.; thence N 500 33' 24" 61 - 336.34 ft. to a corner to the Eaton Land; thence with the Southern Line of the said Land S 870 33' 12" E - 417.03 ft. to an iron pin corner to Parcel One; 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 Land; thence with the 'said Line �, ,r.;� yyjy, n, S 770 461 3411 W - 112.05 ft. to the beginning. 4 01FICAi!_ NO. Surveyed - - - July 3, 1985 t; ���ttt `1 P �•/Y.. 4 t '0�../ Il N N w ur Q Lii L 0 a 0 QL a Q ti b O h wry �Q Q� co qD y�V 4 30.> al •w w a 3p, \ m z ¢2� 3' a O z ci °° CIL u� O h w va )/� ,o i ti N N44°52'32 E o/ m' ; n�i �n 173.09 O ri �1 , W IRON PIN / N p0 V N 0 O c 1; ttl - IQ ` 4 i0 N N IM 44. (o <o� OD o I `o O W J Q �r a co u 0 4 - fo Q m a � Cb� 00 (y) M I N Go o i W i o o ' N o n1 J. BOUNDARY LINE ADJUSTMENT APPROVE FREDERICK COUNTY PLANNING DEPT. WINCHESTER — FREDERICI HEALTH DEPT. • N N L0 w V; :J Q f rrW� V) L O CL O cr C.. 0 q- w Ck 042 pN-'t 0 qr- 2, 4' 4 r '30 �4 2 W , 30 .- ` \ m a �� 4� A.; 1 Q. o lto 0ry R.-- r/ o N N4�52'32" E a7 N �n t 73.0 9 a � l ' x (V W IRON PIN / N O p N c00 �06 a o c ►� °n �p 4 ►cit ` 'V W J ► f0 fa 0 ► V ni 40 M W n: Ln • to 0 a � • � I •°` ry 0 0 Cb AV�4° X BOUNDARY LI N ADJUSTMENT � FREDERICK PLANNING COL DEE WINCHESTER - FI HEALTH D EP 1 0 COUNTY of FREDERICK IDepartment of Planning and Development i h - T.P. 703/662-4532 October 23, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Shawnee Canning Company, Inc. Rezoning application to: Rezone 70,000 square feet from A-1 (Agricultural -Limited) to B-2 (Business -General) for a fruit market and grocery store. This property is located on the northeast side of proposed US 522 at Cross Junction. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 6, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. )hn el , . Riley County Administrator JRR/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certi� the the attached corresponden*as mailed to the following on October 23, 1985 from the Department of Planning and Development, Frederick County, Virginia: EDWARDS, W. E. RT. 5 BOX 877 WINCHESTER, VA, 22601 EATON, JEANETTE B. CROSS JUNCTION, VIRGINIA 22625 SHAWNEE CANNING COMPANY, INC. CROSS JUNCTION, VA. 22625 Mr. George B. HC3, Box 1 Cross Junction Whitacre Virginia 22625 l John Riley, AdministratInning Fre erick County Dept. of STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the state and county aforesaid, do hereby certify that John R. Riley, Administrator of the Department of Planning and Development, whose name is signed to the foregoing, dated (�,t. , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3 day of (�/��i{�i� , 1985. My commission expires on NOT Y PUBL C COUNTY of FREDERICK IDepartment of Planning and Development 703/662-4532 October 30, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Shawnee Canning Company, Inc. Rezoning application to: Rezone 70,000 square feet from A-1 (Agricultural -Limited) to B-2 (Business -General) for a fruit market and grocery store. This property is located on the northeast side of proposed US 522 at Cross Junction. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of November 13, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, rohn. Riley County Administrator JRR/rsa 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 This is to certif y the the attached correspondeowas mailed to the following on October 30, 1985 from the Department of Planning and Development, Frederick County, Virginia: E O W A R D S, W. E. / Mr. George B. Whitacre RT. 5 BOX 877 ✓ HC3, Box 1 WINCHESTER, VA. Cross Junction, VA. 22625 22601 EATON, JEANETTE 3. CROSS JUNCTION, / VIRGINIA 2 26 25 SHAWNEE CANNING COMPANY, INC. CROSS JUNCTION, VA. 22625 John R. Riley, Administratd Frederick County Dept. of P anning STATE OF VIRGINIA COUNTY OF FREDEhRICCKK/ I, \y\j / ICJ. 1 i��a'� _ _ a Notary Public in and for the state and county aforesaid, do hereby certify that John R. Riley, Administrator of the Department of Planning an/d� Development, whose name is signed to the foregoing, dated �,(�.�,(pf , '� r2 1"/ t--) , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of (2/*LL ) , 1985. My commission expires on G�II �' !lam' 6jvw / \� NOT Y PUBLI COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Inspections Department , ATTN: Mr. John W. Dennison Gainesboro Fire Company , ATTN: Mr. Larry Light Planning Department-'. , ATTN: Mr, John R. Riley Zoning Department , ATTN: Mr. John R. Riley , ATTN: FROM: John R. Riley, Administrator SUBJECT: Review Comments On: X DATE: October 4, 1985 Conditional Use Permit Subdivision Rezoning Site Plan We are reviewing the enclosed request by Shawnee Canning Co., Inc. or their representative, George B. Whitacre 888-3448 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 TO: COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 Inspections Department ATTN: Mr. John W. Dennison Gainesboro:Fire Company ATTN: Mr. Larry Light Planning Department:`. ATTN: Mr, John R. Riley Zoning Department ATTN: Mr. John R. Riley ATTN: FROM: John R. Riley, Administrator DATE: -October 4, 1985 SUBJECT: Review Comments On: Conditional Use Permit X Rezoning Subdivision Site Plan We are reviewing the enclosed request by Shawnee Canning Co., Inc. or their representative, George B. Whitacre 888-3448 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: :S Date: 0 �� 9 Court Square P.O. Box 601 Winchester, Virginia 22601 COUNTY of FREDERICK C=>Department of Planning and Development ZZI REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Herbert L. S luder 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: SUBJECT: Review Comments for Conditional Use Permit ✓ Rezoning Subdivision Site Plan Please review this request for a A-/ /—c) Z5 -,P- located at CA(V /PN Proposed building and improvements: This comment sheet must be returned to the Frederick Count Department of Planning and Develo ment,-or t e applicant, by �L'%, / for the meeting of AJO(J / Health Comments: Health Signature: Applicant's Name: Address: r Phone Number: N• NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. • 1g �D�iS'� EPNo pEy ^'1� COUNTY of FREDERICK Department of Planning and Development EST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. Wi ITI-AW��. Bushman Resident Engineer VA. Dept. of Highways & Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 FROM: John T. P. Horne, Planning Director Local Office: Commerce Street Winchester, VA. 22601 (703) 662-8876 DATE: l SUBJECT: Review Comments for Conditional Use Permit ✓Rezoning Subdivision Site Plan Please review this request for a A-1 TO oa located at CW61501V Proposed building and improvements: O G This comment sheet must be returned to the Frederick County Department of Planning and DevelogRpnt, or the applicant, by for the meeting of /", �, h , '(3 VDH&T Comments: No objection to rezoninia. However. it will be neres-ary to construct a commercial entrance according to the VDH&T minimum requirerbents pri to opening this business. r� � ,(� 1y ��� �� VDH&T Signature: /lG:Lih/i✓1(�r` *4 Date: JG ' -7-e 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. 9 C'nnrt GnmrP - P 0 Rnx 601 - WinrhertPr Virainin - 2?601 • Spot Zoning • Adopted Policy for the Frederick County Planning Commission Now and in the future, the prime objective of the Planning Commission is to develop plans and major policy recommendations concerning the development of the County. Any activity which distracts from these objectives should be limited to the minimum consistent with effective performance of administrative functions which are secondary obligations of the Commission and its staff. Proposals for minor zoning amendments fall within this secondary category. An inordinate number of these involve spot zoning, which has the following characteristics: 1. Individuals seek to have property rezoned for their own private uses. 2. Usually the amount of land involved is small and limited to one or two ownerships. 3. The proposed rezoning would give privileges not generally extended to property similarly located in the area. 4. Applications usually show little or no evidence of, or interest in, the effect on surrounding property, whether all uses permitted in the classification sought are appropriate in the location proposed, or conformity to a comprehensive plan or to comprehensive planning principles. The following policy is, therefore, adopted by the Planning Commission. No proposed zoning amendment will receive favorable recommendation unless: 1. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. 3. There is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) -2- 4. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 5. The proposed change is in accord with the comprehensive plan and sound planning principles. This policy shall be called to the attention of persons applying for what appear to be spot zoning changes in order to alert them to the tests which will be applied, and to minimize time spent by the Commission inh consideration of applications which cannot meet these tests. Li 0 TREASURER'S OPPICIM COUNTY OF PREDERICIC P. O. Box 225 WINCHESTER, VIRGINIA 22601 DOROTHY B. KEOgLICY, TREASURER PHONE 662-6611 October 3, 1985 To Whom It May Concern: Please be advised all real estate property listed in the name of Jeannette Eaton in the Gainesboro District has been satisfied in this office. IeZ6 Judith K. al e, puty