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020-86 Athey Trucking, Inc. - Opequon District - Backfile
--�__-^�'-'.^=~~�^- . -' �'�2-� o _w - COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 13, 1988 Mr. Joseph A. Massie 42 S. Cameron St. Winchester, VA 22601 Dear Mr. Massie: •- This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of June 8, 1988: Approval of Rezoning Request #020-86 of Athey Trucking, Inc. to rezone the eastern parcel of approximately two acres [identified as Parcel A, described in Deed Book #573, Page #1091 from RP (Residential Performance) to M-1 (Light Industrial)•for use as a truck terminal. This property is located on the north Side of Route 277, east of Route 641, in the Opequon Magisterial District. If you have any questions regarding your rezoning, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc. Esten Rudolph, Commissioner of Revenue boy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Athey Trucking, Inc. 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 �J COUNTY of FREDERICK IDepartments of Planning and Building [�5 _ 703/6 -5650 February 17, 1987 Mr. Joseph A. Massie 42 South Cameron Street Winchester, Virginia 22601 RE: Rezoning Application #020-86 of Athey Trucking, Inc. Dear Mr. Massie: This letter is to confirm the Frederick County Board of Supervisors' actions at their meeting of February 11, 1987: Approval of the rezoning of the western parcel, identified as Parcel B (containing the existing building), described in Deed Book #232, Page #306, to M-1 (Light Industrial). Denial of the rezoning of the eastern parcel, identified as Parcel A, and described in Deed Book #573, Page #109, to M-1 (Light Industrial). 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 George B. Whitacre, Circuit Court Clerk Joseph W. Athey 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REZONING REQUEST #020-86 Athey Trucking, Inc. Rezone 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) LOCATION: North side of Route 277, east of Route 641. MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: Vacant Land (including land approved for Nottoway, Section 2) zoned RP (Residential Performance). PROPOSED USE AND IMPROVEMENTS: Continued use as a truck terminal. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - The existing entrance is substandard. If this business is expected to be expanded, it is our feeling the substandard entrance should be constructed to meet the minimum commercial entrance standards. A permit should be applied for and approved before doing any work on the State's right-of-way. Health Department - No objection; applicant should consider connection to central sewer when and if possible. Stephens City Fire Company - No objections. Inspections Department - Existing buildings in compliance with building codes. Planning and Zoning - The following issues should be considered. Location - The site is located in the generalized urban development area as designated by the Comprehensive Plan. It is totally surrounded by vacant land zoned RP and land to the has been approved for the Nottoway Townhouse Development. The parcels are located on an arterial road. Existing land zoned M-2 is located across Route 277 from the site, and contains Bowman Trucking. However, all land surrounding Bowman Trucking is zoned A-2 (Agricultural General). The proposal is for a small M-2 area within a large RP area. Page 2 • Athey Rezoning Site Suitability and Potential Impacts - The size of the site is large enough to allow substantial expansion of the existing use or additional new M-2 uses on the site. The potential exists for adverse impacts on surrounding future residential development in terms of truck traffic and noise. If any new buildings or the expansion of existing buildings is proposed, site plan approval will be required. All new structures will have to be at least 75 feet from the road right-of-way, and all new parking and loading areas must be at least 25 feet from roads. Parking areas must be at least 50 feet from the perimeter boundary of the parcel. Truck terminal activities and structures must be at least 100 feet from the boundary and 300 feet from dwellings on adjoining properties. The Planning Commission can require additional screening and buffers to protect adjacent properties. However, a site plan guaranteeing such provisions will only be required if a new structure is constructed. The expansion of truck parking into new areas without the construction of new structures, will be more difficult to deal with and might have adverse impacts on surrounding residential areas. It will be difficult to provide continual enforcement of required buffer areas for outside truck storage and activities, if necessary. M-2 vs M-1 Zoning - If industrial rezoning is granted to bring the existing use into conformity, M-1 Zoning would probably be a better choice than M-2 Zoning. M-2 Zoning allows a broader range of potentially adverse uses including junk yards and broader categories of manufacturing. Truck terminals are allowed in the M-1 District. M-1 Zoning would be more appropriate since the site is totally surrounded by residential zoning. Staff Note (1-28-87): The applicant has formally requested that the rezoning request be changed from M-2 (Industrial General) to M-1 (Light Industrial). Staff objections would be substantially reduced if the rezoning were limited to the smaller lot, approximately two acres in size, which contains the existing Athey Trucking facility. STAFF RECOMMENDATIONS OF NOVEMBER 5, 1986: Denial PLANNING COMMISSION RECOMMENDATIONS OF NOV. 5, 1986: Tabled for 90 days by unanimous vote. PLANNING COMMISSION RECOMMENDATIONS OF JAN. 21, 1987: Tabled until February 4, 1987 by unanimous vote. (continued next page) Page 3 Athey Rezoning PLANNING COMMISSION RECOMMENDATIONS OF FEB. 4, 1987: 1. Approval by majority vote to rezone the western parcel, identified as Parcel B (containing the existing building), described in Deed Book #232, Page #306, to M-1 (Light Industrial). The vote was as f ollows : YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, DeHaven, Wilson NO: Mr. Romine 2. Denial by majority vote to rezone the eastern parcel, identified as Parcel A, and described in Deed Book #573, Page #109, to M-1 (Light Industrial). The vote was as follows: YES (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, Romine NO: Messrs. DeHaven, Wilson -.2 6 r � • APPLICATION FOR REZONIN IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. OdQ -C9 , Submittal Deadline is Application Date 91j7/ G For the Meeting of Fee Paid. ' 1. The ap lic ij/t is the owner other (check one) 2. OWNER W. , OCCUPANT: (if other than owner) NAME: NAME: ADDR ADDR SS•/ ,sSr Z %GS-V- TELEPHONE: TELE HONE: 3. The property sought to be rezon d is located at (please give exact directions ) �/S �/ �" d 77 �¢.wZ` G -/l r"— 4. The property has a frontage of Z,!J_L/ feet and a depth of feet and consists of •D% acres. (Please be exact) W. 5. The property to be rezoned is owned by#"2 evide ced by deed from / recoral e i de--d —bc(ok no. a — on page 3cC , registry of the County of 6. This property is designated as parcels no. k aah7on tax map no. 64 in the Magisterial District. 7. It is desired and requested that the property be rezoned from .88 to M-1Z 8. It is proposed that the property will be put to the following use 9-1-e.- 42 dL- �� f�l 9. It is proposed that the following buildings will be constructed tLp?u-- 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. Address: Property ID#: g6000 boo - p©o® --Dodd --oo ��-d Address: P- 0, 43 G r—t: Z Z Gs �s- Property ID# : / ) y, ,- d��� DO-ocao�-oer�o---oofi/-o � 3. Address: .• ., pp�'IL--o x Property ID# Address: Property ID#: Page Two Rezoning NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Of Address: Property Address: ID#: 10. 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: G� Signature of Applicant: Complete Mailing Address: 36 y Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARINGQQ RECOMMENDATION OF (date)a2_5/ 6 7 ye L l ' � ac 1��Qd{ 12�?/ G�y . �c7,� 3 ,l(o , Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) :�2- /� 8 Approval a Denial COUNTY ADMIN. (signed) For 0 ce Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) DApproval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) r �1. �I COUNTY of FREDERICK 7. Department of Planning and Development j REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 1758 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: Robert W. Watkins, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit ✓ Rezoning Subdivision Site Plan Please review this request for a ,��,r�;,,,n &All located at Proposed bu and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of Health Comments: Health Signature: Applicant's Name: Address: Phone Number: 8_/4- 1L/!B nat-P! 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. Q (-N„rr Qrniara - P n Pnv A01 - Wlnrhf-gter Viroinin - 91601 :': Sl l 11,e t.i:';'.✓.- 1' .1' �'re ; ..Y.n,-. 1Ja ,.L .tc:.'%,w n:a%-�- 6 �_r"-v„Gc`i:w'•:-'rl�{2h,'g''rCi:r t..il.-Kn3..-:w£:i �a.• ;�i�/h,'\SnS����,���'gr.,�nF 19rY -.: fr. ,:L � I•.t •t... £+'t'� i; n>`rf :.�K'h��� 4 .. '. z. y.� /• 'i7 'ti•+,� r � t ¢'. ?;i':`,'{Dr?:3.�-. -�::.. • Y . - r•.. 4,' f nr� l�j.l s��. ....l1<,.,.n.%3.i;:1'_I,._.-._i,:+'�... a.• .... .... .. ...�1F..�... ._..�„ ?..,.f,,.,.. ,4,n. .-,�..vV... c•:iRtitt .,..ri: ,,:,+,:.. .. -_., i. ....,u.....,n .u. ,w__.r .._._ r_... 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 & Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 FROM: Robert W. Watkins, Plannir:g Director Local Office: 1550 Commerce Street Winchester, VA. 22601 (703) 662-8876 DATE: SUBJECT: Review Comments for Conditional Use Permit ✓' Rezoning Subdivision Site Plan Please review this request for a located at 9e8-uXi_ .Z 1 Proposed building an rovements : This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of VDH&T Comments: VDH&T Signature: _V�/ Applicant's Name: Address: it Phone Number: Date: 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 Court Scniare P-0. Rnx 601 Winche.gter. Viruinin �02o�gU1�11/ �� • ' COUNTY of FREDERICK 1 a r a 4;+ � �. Departments of Planning and Building M E M O R A N D U M 703/655-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. , ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: September 25, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Rezoning Subdivision We are reviewing the enclosed request by Athey Trucking, Inc. , or their representative, 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 Objections. Si gnatui Date Z ,G __�, - Q Cnnrt QrniarP - P (n Rnx 601 - Winchester. Virginia - 22601 • • COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/655-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: September 25, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Rezoning Subdivision We are reviewing the enclosed request by Athey Trucking, Inc. , or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: The existing entrance is substandard. If this business is expected to be expanded, it is our feeling the substandard entrance should be constructed to meet the minimum commercial ertrance standards. A permit should be applied for and approved bLsforep oing-any work on the State's right-of-way. J' Signature ��%, �? 24 Date Q Cniirt CniiarP - P.O. Box 601 - Winchester. Vireinia 22601 Ll VA. COUNTY of FREDERICK Departments of Planning and Building M E M 0 R A N D U M 703/655-5650 C r ept. T� Ilil^`Wlys � Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. ATTN: Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: September 25, 1986 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Rezoning Subdivision We are reviewing the enclosed request by Athey Trucking, Inc. , or their representative, 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 }'� ti ,`��/ C re s- ' Date / 1) -- 1 n — � r 4 rn„rr CniinrP - P 0. Rox 601 - Winchester. Vireinia - 22601 0" APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 018 -8G Application Date y JT/ Fee Paid�p 5. Submittal Deadline is For the Meeting of The ap lic t i the owner other (check one) OWNER OCCUPANT: (if oth r than owner) NAME: NAME: ADDRADDR SS # / cz�t' f • 6sr 1 2dSs— TELE HONE :(, /�/q/ TELE HONE: The property sought to be rezon d is located at (please give exact directions) �//s 124 u� a 77 �7 The property has a frontage of277./2'feet and a depth of feet and consists of y oq acres. (Please be exact) The property to be rezoned is owned evid geed by deed from recor e i de d b ok no. s'� on page -jccC _, registry of the County of . 6. This property is designated as parcels no. k,/ *JPV on tax map no. fin the oq�` Magisterial District. 7. It is desired and requested that the property be rezoned from to M-z 8. It is proposed that the property will be put to the following use �'��.i �- az e- 7- -Z- -4w=W 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. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) N AM F. I. �y� Address: Property ID#: gG 000 koo ' DOOR -cone - DO'F�F-d 2 _ Address:' Property ID#: / , �oGL'b DO-OaoO-papa-ODP/-D ; 3. Address: -0 / Property ID# I4. Address: / Property ID#: ,. ^"r','.`•=e�3r,��`!r `,7F.5'S'rt•1i,�a::�_'�;;: �.'^#i-.�'!h+`:i�!'�� `'1 . C'� ) W� _s pi:.. Si ;.._. s.s ..tirsl .•'.�:•l i�.::. i".. .�, .., sst .. ..... .5 ... �i ...... .... .. . y , 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: Signature of Applicant: r^ Complete Mailing Address: 2e- t Vcrv��_ 22GsS Telephone Number: r Ottice Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval a Denial SECRETARY (,signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval = Denial COUNTY ADMIN. (signed) IATHEYS' OTHER LAND I N25033'1511E 92.721 S59053'23"E 205.794 W N M 14 0 tic Q 3 0 lD m 00 J S63000106"E 249.67 g.PS 7 I.P.S. I.P. F 6 m o 0 �n a na N N co o PORTION OF LAND o OF ATHEY TO BE REZONED 3 R.R.SPIKE Z 4I.P.S. 8 nw I 4.09 ACRES 680 4410 NI 132 T8 METAL o BUILDING I M Loop D_w I Oz to earn 0 3I -J 0 rn It V It 0 0 K) 1 100' 50' 0 100 SCALE IN FEET LEROY ORNDORFF D.B.327, P.123 TR.88 , T.M.86 = C6 0 00 I I.P. F c 2� 12 � ~ N N I.P.S. uw �' 7 / �=,2 N�2opHp3�,, The above Tract of land, located about One and One-half Miles East of Stephens City on the North side of State Highway No. 277 and situate in Opequon Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) an iron peg found on the North side of State Highway No. 277 and the East side of a 15 foot Right-of-way and a corner to the land of Leroy Orndorff; thence with the North side of State Highway No. 277 N 72 deg. 05 min. 03 sec. W 277.12 feet to (2) an iron peg set on the North side of State Highway No. 277; thence with two new division lines through the land of Athey N 24 deg. 31 min. 33 sec. E 228.10 feet to (3) a Railroad Spike set; thence N 68 deg. 44 min. 08 sec. W 132.78 feet to (4) an iron peg set in the line of the land of James L. Bowman; thence with the land of Bowman for the following three courses: N 25 deg. 45 min. 32 sec. E 240.71 feet to (5) an iron peg set; thence S 59 deg. 53 min. 23 sec. E 205.79 feet to (6) an iron peg found; thence N 25 deg. 33 min. 15 sec. E 92.72 feet to (7) an iron peg set in the line of the land of James L. Bowman; thence with a new division line through the land of Athey S 63 deg. 00 min. 06 sec. E 249.87 feet to (8) an iron peg set on the East side of a 15 foot Right-of-way and in the line of the land of Leroy Orndorff; thence with the land of Orndorff S 30 deg. 44 min. 11 sec. W 494.10 feet to the point of beginning, containing 4.09 Acres, more or less. SURVEY NO. 9043/A RICHARD U. GOODE, CERTIFIED LAND SURVEYOR BERRYVILLE, VIRGINIA. MAY 15, 1986 kLTH p':�,`�. U RICHARD U. GOODE NO. 412 IZND SURV00, • Ll COUNTY of FREDERICK IDepartments of Planning and Building M E M 0 R A N D U M 703/655-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. 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 SUBJECT: Review Comments On: DATE: September 25, 1986 Conditional Use Permit X Rezoning Site Plan Subdivision We are reviewing the enclosed request by Athey Trucking, Inc. , or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: r�(-, pjec�f,dC.. ���STrrYC, 13Uf CiOlr,f4 irk CCM PLl ,p/YCF" LA-i L -ram AL(i c j-), a CP1Y� Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. O/S -8G Submittal Deadline is Application Date 9117 For the Meeting of Fee Paid g'7. �/) 7,/,�6 1. The ap lic t i the owner other (check one) 2. OWNER �' OCCUPANT: (if oth r than owner) NAME: NAME: ADDR ADD SS-- fit/ . Q • �6 TELEPHONE: P(, /'154 TELE HONE: G 3. The property sought to be rezoned is located at (please give exact directions) y/s 1� 7ZAy4 a 77 &de 4 <// 4. The property has a frontage of,277.11/feet and a depth of feet and consists of y og acres. (Please be exact) # l wA-;�- 5. The property to be rezoned is owned evid ced by deed from recor e i de d bdok no. �_ on page -3cC registry of the County of . 6. This property is designated as parce]S no. 9� &JJ07 on tax map no. t_in the dt Magisterial District. 7. It is desired and requested that the property be rezoned from to M - a 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. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) VAMP. Address: Property ID#: N000koo -0000--ooaa-ooyo-e Address: P� o•Q G ZZGss- Property ID#: l < y, S �aao Do-ooao-ocoo-ooe/-o ; 3. Address: • �Oa �,Sr-O Property ID# / 4. Address: Property ID#: 0 Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: Address: Property ID#: ,dditional comments, if any (we), the undersigned, do hereby respectfully make application [nd petition the governing body to amend the zoning ordinance and .o change the zoning map of the County of Frederick, Virginia, with .he above facts as support of this application . . . ignature of Owner: ignature of Applicant: r !� omplete Mailing Address: In #/ 36 y -S elephone Number: For Office Use Only ING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval a Denial SECRETARY (signed) OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) lyf�� ,'roc 0 IATHEYS' OTHER LAND I I N25°33'15"E 92.72' S59053'23"E 205.79 5I.P.S. f`- O d N w N d 0 rr Q J � zO kn rn m ' � (n mwCr Q~ S63000to611E 249-V I.PS. 7 I. P.S. oMNM 1 .P0 �F60 n: dn ^ Nao PO RTI ON O F LA ND o OF ATHEY TO BE REZONED Z � I I nSt%t R.R.SPIKE 4.09 ACRESNMETAL BUILDING 3I 0 v m 0 100' 50' 0 10( SCALE IN FEET LEROY ORNDORFF D.B.327, P.123 TR.88 , T.M.86 = m 0 GoI LPF Q o ZN I.PS. o0!�03aW S� The above 'Tract of land, located about One and One-half Miles East of Stephens City on the North side of State Highway No. 277 and situate in Opequon Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) an iron peg found on the North side of State Highway No. 277 and the East side of a 15 foot Right-of-way and a corner to the land of Leroy Orndorff; thence with the North side of State Highway No. 277 N 72 deg. 05 min. 03 sec. W 277.12 feet to (2) an iron peg set on the North side of State Highway No. 277; thence with two new division lines through the land of Athey N 24 deg. 31 min. 33 sec. E 228.10 feet to (3) a Railroad Spike set; thence N 68 deg. 44 min. 08 sec. W 132.78 feet to (4) an iron peg set in the line of the land of James L. Bowman; thence with the land of Bowman for the following three courses: N 25 deg. 45 min. 32 sec. E 240.71 feet to (5) an iron peg set; thence S 59 deg. 53 min. 23 sec. E 205.79 feet to (6) an iron peg found; thence N 25 deg. 33 min. 15 sec. E 92.72 feet to (7) an iron peg set in the line of the land of James L. Bowman; thence with a new division line through the land of Athey S 63 deg. 00 min. 06 sec. E 249.87 feet to (8) an iron peg set on the East side of a 15 foot Right-of-way and in the line of the land of Leroy Orndorff; thence with the land of Orndorff S 30 deg. 44 min. 11 sec. W 494.10 feet to the point of beginning, containing 4.09 Acres, more or less. SURVEY NO. 9043/A RICHARD U. GOODE, CERTIFIED LAND SURVEYOR BERRYVILLE, VIRGINIA. MAY 15, 1986 o,,�E,LTH 0', N_. �j RICHARD U. GOODE NO. 412 = R. !%-''D SURVEY COUNTY of FREDERICK | Departmepts of Planning and Building To: Larry Ambrogi From: Robert Watkins Date: February 25, 1988 Subject: Athey Case I've put together some. notes to decision is "fairly debatable". 1. Location Issues: 703/665-5650 help make the case that the Substantial retail areas are located to the east of the site in question on the other side of Route 641, between route 641 and the interstate. None of this land is zoned for manufacturing. It is important to consider retailing uses as quite different from manufacturing uses. They generate different types and amounts of traffic. Landowners in industrial areas often do not wish to see retail uses on surrounding land and vice versa, because of potential conflicts. In general, the planning commission would project that retail and similar business uses will occur in the vicinity of interstate interchanges with frontage along arterial highways" However, there does need to be limit to their extension along the highways. Such uses greatly contribute to traffic congestion and excessive turning movements on arterial highways. Therefore, there is a need to limit business expansion along the highways to promote free travel. In this case, Route 641 makes a logical limit to the expansion of business uses along Route 277, with residential and agricultural uses being the primary uses east of Route 641. There are over 100 miles of primary arterial highways in the County. We cannot locate or scatter business and industrial uses all along this extensive mileage. One of the key aspects of planning in the County will be to limit business and industrial development, with frontage on the highways, to specific areas in order to promote free travel along the highways. Industrial land in the County tends to be located in large industrial areas or parks that are in the vicinity of the interchanges but that do not necessarily have substantial frontage on arterial highways. Highway frontage on the arterials 1 9 Court 3gnarc - P.O. Box 601 - Winchester, Virginia - 22601 in the interchange areas tends to be used for retail uses. The Department of Planning and Development estimates that there are over 1700 acres of vacant land zoned for industrial use in the County in existing industrial areas. 2. Other Land Zoned for Industrial Uses in the Vicinity The Board of Supervisors has had a policy of recognizing long- standing non -conforming uses by limited rezonings to bring them into conformity with the ordinance. All businesses east of Route 641 are either allowed under A-2 zoning, legally non -conforming, or were rezoned to recognize long-standing, non -conforming uses. To the east, along 277, there are two parcels within one mile of the Athey site that are zoned for industrial uses. There is the Bowman site (less than four acres) which was zoned to M-2 in 1972 to recognize an existing non -conforming use. It is located across Route 277 from this site. There is the land of Raymond Gandy (less than four acres) which contains Sandy,s Implements. It is located over 4,000 feet east of this site. It was a non- conforming use that was rezoned during a comrehensive rezoning in the ealry 19801s. Beyond one mile east, there is Fulton Trucking which was rezoned in 1979 to recognize a non -conforming use. To the northeast of the Fulton land is the land of Sara K. Rodgers (less than four acres in size) which has been zoned M-2 at least since the early 19707s. Public sewer and water service is not available to land more than 3,000 feet east of the Athey site. The County has no plans to expand industrial uses along 277. No more existing non- confbrming industrial uses exist along 277. New industrial sites will be located in large industrial areas with sewer and water, and not along Route 277. 3. Residential Areas in the Vicinity of the Athey Site The Bowman and Fulton sites are located south of Route 277. Most of the land to the South of route 277 is zoned for agricultural. Land to the north of route 277, in the vicinity of the Athey site is zoned for residential use. There is a solid area of residential land from east of the Athey land, including the land in question, extending west to the interstate and north to Opequon Creek. This area includes over 29000 acres of land zoned RP, Residential Performance, along with large existing residential developments. All of this land, including the land around the Athey site, has been zoned for residential use since the early 1970's. Residential development is currently occurring on land adjacent to the Athey property on the west and north. Since this development is occurring at this location, it is difficult to argue that residential development is not feasible on land along Route 277. New homes can be buffered or screened from Route 277 to make such development more feasible, and in fact, this might be required under RP zoning. 4. The Comprehensive Plan The Comprehensive Plan designates this area as an Urban Development area but does not designate a specific use for the Athey or other sites. Like many newer plans at the County level, the plan describes general policies for development and managing development but does not designate uses for specific properties. Instead it deals with planning for broad areas. In dealing with particular properties, the County relies on ideas and policies of good planning practice and the intentions of the ordinance, along with the Comprehensive Plan" Nationally and in Virginia, comprehensive planning is recognized to be more of a process than a document. Planning continues and is never finished. Works continues on the Frederick County Plan and ideas concerning location and development are continuously being refined. Ideas concerning industrial location are being increasingly specified and will be included in revisions to the plan. Such ideas do not include land along this portion of Route 277 as possible areas for industrial expansion. 3 C. N7. WARTHEN Co.. No. YSY-B Com monwealtb of Vt'rgt'nta IN THE CIRCUIT COURT OF THE COUNTY OF FREIDERICK SUBPOENA IN CHANCERY Board of Supervisors of Frederick County, Va. Serve: Lawrence R. Ambrogi, Commonwealth's Attorney and County Attorney for Frederick County, Virginia The party upon whom this writ and the attached paper are served is hereby notified that unless within twenty-one (21) days after such service, response is made by filing in the Clerk's Office of this court a pleading in writing, in proper legal form, the allega- tions and charges may be taken as admitted and the court may enter a decree against such party, either by default or after hearing evidence. Appearance in person is not required by this subpoena. Done in the name of the Commonwealth of Virginia, this____ 13 t_h -------------------------------- day of ------------------_-Apr 1_, 19__87_. -----------------------------------------------------------------------r CLERK. -------- --------eDEPUTY CLERK Joseph A. Massie, Jr. �p q --------------------- 44 South Cameron Street Winchester, Virginia 22601 (OFFICE ADDRESS) Frederick, County Circa C©uve George B. Whitacre, Clerk en..;g�fi3 1...T •.r K� 0 E { JAM/ jd 86- 4/9/87 IV I R G I N I A: IN THE CIRCUIT COURT OF FREDERICK COUNTY J. W. ATHEY ?USIA R. ATHEY J. W. ATHEY, JR. NTHEY TRUCKING, INC. s Virginia Corporation Complainants IN CHANCERY NO. C � 4 HE BOARD OF SUPERVISORS F FREDERICK COUNTY, VIRGINIA ERVE: Lawrence R. Ambrogi Commonwealth's Attorney and County Attorney for Frederick County, Virginia Respondents MOTION FOR DECLARATORY JUDGMENT THE HONORABLE ROBERT K. WOLTZ, JUDGE: Come now your Complainants, pursuant to the provisions of ticle 17, of Chapter 3, of Title 8.01, of the Code of Virginia or 1950, as amended, and say as follows: / 1. That your Complainants filed with the Planning Commis- sion and Board of Supervisors of Frederick County, Virginia, on yyy r about September 17, 1986, a petition for rezoning of certain nd in Frederick County, Virginia, described in an attached lat, containing 4.09 acres, from A-2 to M-2. A copy of said "Petition for Rezoning" is attached hereto and asked to be read / s a part hereof as Complainants' Exhibit No. 1. / 2. The Petition thereafter was scheduled for Public Hearing SEPH A. MASSIE,JR. n November 5, 1986, by the Frederick County Planning Commission, ATTORNEY AT LAW VINCHESTER. VIRGINIA reated by the Board of Supervisors, pursuant to Statutes of • Virginia; a copy of "Agenda" for the Planning Commission is at- tached and asked to be read as Complainants' Exhibit No. 2. 3. A report of the Director of Planning and his staff was filed with the "Agenda" and recommended denial by Staff. The Planning Commission tabled for Ninety (90) days, any action on the Complainants' Petition. A copy of said report of the said Staff of the Planning Commission is attached and asked to be read as Complainants' Exhibit No. 3. 4. The Petition for Rezoning filed by the Complainants came on again upon the Agenda of the Planning Commission meeting to be held on January 21, 1987, with the Exhibit No. 3 above, attached thereto. A copy of said Agenda is attached hereto and asked to be read as Complainants' Exhibit No. 4, and was accompanied by a Memorandum from Robert W. Watkins, Director of Department of Planning and Building, dated January 14, 1987, advising the Complainants of consideration of the said Petition by the Board of Supervisors of Frederick County, on January 28, 1987, and Notice received January 27, 1987. See attached hereto a copy of said Memorandum and asked to be read as Complainants' Exhibit No. 5 and Complainants' Exhibit 5-A. 5. Thereafter on January 21, 1987, the Complainants filed with the Planning Commission, a motion to amend their original Petition by seeking M-1 Rezoning rather than M-2 Rezoning. See attached hereto said Motion for Amendment and asked to be read as Complainants' Exhibit No. 6. 6. On January 21, 1987, the Planning Commission again ta- bled the Petition of the Complainants, to their next meeting on 2 - 4Z, erfi • (February 4, 1987, as shown by the Agenda of said Planning Commis- sion for February 4, 1987, and its attachments received by the Complainants on February 2, 1987, which attachments included again, the latest report of the Staff of said Planning Commis- sion, and prior action of the Commission upon the Rezoning Peti- tion. They are attached hereto and asked to be read as a part hereof as Complainants' Exhibit No. 7. 7. On February 4, 1987, the Petitioners on their behalf, presented evidence of their trucking operation, which has been in existance on part of the land requested for rezoning since 1953, long before the original county wide Zoning Ordinance of November 1, 1973, was adopted, which made the trucking operation a non con- forming use in an agricultural zone. That the business had grown from a one truck operation to a business now operating Ten (10) tractors and Thirty-eight (38) trailers. That additional build- ings for truck repair and office management and storage had been built on the land; that additional space was needed for employee and truck tractor and trailer parking; that the business fronted on a major roadway designated as Virginia Route 277 extending from U. S. Route 11 and Interstate 81 at Stephens City, eastward to Double Toll Gate and U. S. Highway No. 340 and U. S. Highway 522, and on to Washington D. C.; that there were about Eight Hundred and Fifty (850) motor vehicles per hour, passing on Route 277 in front of the Complainants' business at 3:00 o'clock p.m. and about Two Thousand Eight Hundred Forty (2,840) motor vehicles per hour on Route No. I-81, which is a North -South highway about Three -fourths (3/4) mile to the west of Complainants' property; - 3 - that almost all of the road frontage on the Complainants' side of Route 277 from U. S. Route I-81, east to the Complainants' proper- ty, was Commercial or Industrial and was continuing to develop in that direction; that the highest and best use for road frontage on the north side of Route 277 from U. S. Route I-81 east to Complainants' property and beyond, was Business or Industrial; that only within the last year or two had the zoning of _the open, vacant -land the he north side of Route 277 and surrounding the Complainants' land been changed from Agricultural to Residential Planned Community District to accommodate the development of additional multiple housing units for James L. Bowman and his bus- iness associates, which subdivision, was approved jointly by the Planning Commission and the Board of Supervisors on Novembear 4, 1986; that James L. Bowman was the only person objecting to the Rezoning Petition of the Complainants' at the public hearing; that he owned a competing truck business directly across Route 277 from the Complainants' which occupied land is zoned M-2; that he offered no evidence to rebut the evidence of the Complainants' which included their color photographs of their property and the surrounding country -side. 8. That the Planning Commission members were very hostile ards the Complainants and their attempt to produce evidence in their behalf and summarily voted against the Petition for rezon- ing of their entire lot; the Director of the Department suggested that the 4.09 acres, as shown on the Complainants' Petition be J Ilvoted on as separate lots, treating the western most lot as the riginal location of the Complainants business and the eastern - 4 - lot as more recently acquired after the Zoning Ordinance of November 1, 1973, became effective. 9. That therafter the Petition for Rezoning of the Complain- ants' land came on to be considered by the Frederick County Board of Supervisors on February 11, 1987, as shown by its Agenda dated February 11, 1987, and notice received February 9, 1987, with a report of the Planning Commission, its recommendations and ac- tions, which recommended that only the western portion as shown on the Complainants plat be rezoned to M-1 and denied the eastern portion of the lot requested for rezoning. See attached Agenda dated February 11, 1987, and the attached Report of the Planning Commission and asked to be read as Complainants' Exhibit 8. 10. On February 11, 1987, the Complainants' appeared before the Frederick County Board of Supervisors at the meeting called, for among other things to hear the Petition of the Complainants for the rezoning of their land from R. P. to M-1 Zoning. The Board called for the Petitioners to present their case and they presented evidence by photographs; report of noise in the area, which came chieftly from the movement of motor vehicles on Inter- state Highway 81, east of the Complainants' land and Virginia Highway 277, running east and west from Interstate 81 and in front of the Complainants' land, of the reports of neighbors who were not concerned about the business operation of the Complain- ant, but were mostly concerned about the noise of motor vehicle traffic on the said two highways; about the highest and best use of road frontage on the north side of Route 277, being Commercial or Industrial as evidenced by the continuing development along - 5 - u said roadway from Interestate Highway 81 eastward past the land of the Complainants, the Industrial Zoning for James L. Bowman across the road from the Complainants, the large trucking busi- ness of Arthur H. Fulton, Inc., to the east, and stores and other business enterprises on both sides of Route 277, east of the Complainants; the open land around the Complainants, the fact that the additional land of the Complainants, acquired a few years ago for growth purposes of their business, could not be used in R. P. Zoning for residential purposes as it was a small lot, as was the lot to the east of that and they were owned by different persons and were not part of a tract of at least 150 acres required for the purposes of R. P. Zoning; that the evi- dence presented to the Planning Commission was again presented to the Board of Supervisors; that one neighbor personally appeared and presented her evidence on behalf of the Complainants, as did the Complainants and their investigator; again James L. Bowman, by his attorney, appeared and objected to the rezoning of the eastern portion of the Complainants' lot, but presented no evi- dence; nor did the Board of Supervisors present any evidence in support of their ordinance, or rebut the reasonable evidence of the Complainants. Whereupon, the Board of Supervisors voted to rezone the western portion of the Complainants land to M-1, which portion was a part of a larger lot used by the Complainants for their non confirming buisness use, and denied the rezoning of the eastern portion, without considering how it could be used and re- stricted by the terms of the ordinance for M-1 use. The Complain- ants further object to the actions of the Planning Commission and 0 (the Board of Supervisors on the ground that they did not give the (Complainants reasonable and adequate notice of their reports and shearing dates. 11. That your Complainants believe that the action of the Frederick County Board of Supervisors, in refusing to amend the zoning ordinance of Frederick County, Virginia, as requested by the Complainants was discriminatory, and arbitrary and capri- cious; was in violation of their State and Federal constitutional rights; that it favored one competitor over another; that it was also done on primarily aesthetic considerations; that the exer- cise of the Police Power of the legislative body in refusing to rezone the entire lot of the Complainants was clearly an arbi- trary and unreasonable action astensibly taken to promote the pub- lic health, safety, comfort, morals or welfare of the County, but having no substantial relation to any of these objects; nor does it encourage the most appropriate use of the Complainants eastern portion of their land or the entire property most recently pur- chased by them, or of their neighbor to the east; and that their ction denies the normal and expected economic development of the area around the Complainants and of their land. 12. That a true and actual controversy exists between the ties to this cause, and there is a denial of right of the plainants for rezoning of their entire lot requested in their etition. WHEREFORE, your Complainants pray that this Court will hear his matter, and declare the failure and refusal of the Frederick County Board of Supervisors to rezone the entire lot requested by 7 - the Complainants, to be an unlawful use of the Police Power of the said Board and against the best interest of the County and the Complainants and that their action on February 11, 1987, in refusing to rezone the entire lot of the Complainants, including the eastern portion, be declared null and void and that the said Board be given, by order of this Court, not more than thirty (30) days to reconsider their action and rezone the entire lot to M-1 Zone, and that during said time they be enjoined from doing any- thing or taking any action which could disallow the requested uses, and if the Board of Supervisors should fail to comply with the rezoning within the prescribed time, then this Court will rmanently enjoin said Board from creating any other zoning on the eastern portion of the Complainants' lot except M-1, and that the Complainants may use it for those purposes. Your Complainants further pray that they may be awarded their costs, expenses and reasonable attorney fees from the 2espondents that may be incurred in this cause. Joseph A. Massie, Jr. JOSEPH A. MASSIE, JR., P.C. ?. O. Box 2812 14 South Cameron Street Ninchester, Virginia 22601 a J. W. ATHEY ASIA R. ATHEY J. W. ATHEY, JR. ATHEY TRUCKING, INC. a Virginia Corporation By: At4oj� Cou sel for Complaina is - 8 - PH A. MASSIE. JR. iTORNEY AT LAW CHESTER.,VIROINIA 0 PETITION FOR REZONING ITO: The Planning Commission and Board of Supervisors of Frederick County, Virginia Comes now, Joseph W. Athey and Asia R. Athey, his wife, and Joseph W. Athey, Jr. and Athey Trucking, Inc., and petition the authorities of Frederick County, Virginia, to rezone the real estate described in the attached plat from the present zoning of A-2 to that of M-2 Industrial General. The land has been used as a truck terminal since long before the adoption of the Frederick County Zoning Ordinance on November 1, 1973, and has been a non -conforming use since that time. Part of the land to be rezoned is owned by Joseph W. Athey and Asia R. Athey, his wife, and leased to Athey Trucking, Inc., and part of the land is' owned by Joseph W. Athey and Joseph W. Athey, Jr., jointly, and leased to Athey Trucking, Inc. The land is improved by an office and storage building, truck terminal and repair building and other miscellaneous things such as a driveway, water and sewerage disposal. Delivered 9/17/86 Respectively, J. W. Athey Asia R. Athey J. W. Athey, Jr. Athey Trucking, Inc. By os ph A. assie�,Jr �. Their Attorney and Agent fie. 1 TO: THE FREDERICK COUNTY PLANNING COMMISSION DATE: JANUARY 21, 1987 Comes now Athey Trucking, Inc., Joseph W. Athey, Asia Athey, and Joseph W. Athey, Jr., and move to amend their Petition for Rezoning No. 020-86 by changing the Zoning Request from M-2 to M-1. JOSEPH A. MASSIE, JR. ATTORNEY AT LAW WINCHESTER, VIRGINIA ATHEY TRUCKING, INC. JOSEPH W. ATHEY ASIA ATHEY JOSEP W. ATHEY, JR. By ,OSEPH A. MASSE, JR., Their Attorney . % I I- W 0 0 HARRISOI',T @ JOHNSTON ATTORNEYS AT LAW MAILING ADDRESS: BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON WINCHESTER, VIRGINIA 22601 P. O. BOX 809 H. K. BENHAM III BILLY J. TISINGER TELEPHONE THOMAS A. SCHULTZ, JR. RONALD J. BROWN 21 SOUTH LOUDOUN STREET AREA CODE 703 BRUCE E. DOWNING 667-1266 ELIZABETH B.JOHNSTON January 16, 1987 Chairman Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: Rezoning request of Joseph W. Athey, et al 4.09 acres from RP to M2 for use as a truck terminal North side of Route 277 East of Route 641 Opequon District Dear Mr. Chairman: This law firm represents Bowman Trucking Company, Inc., and James L. Bowman and this letter is being written in response to the above referenced rezoning request. At a prior public hearing in regard to this matter, Mr. Bowman appeared personally and I also appeared in regard to said rezoning request to state our opposition in part, and our non - opposition in part to the rezoning request. After that public hearing the Planning Commission discussed this matter, made suggestions and tabled the matter. We have now received notice, dated January 8, 1987, that the Planning Commission will consider the rezoning request on January 21, 1987 at 2:00 p.m. in the Board of Supervisors meeting room at the old Frederick County Courthouse in Winchester, Virginia. We are unsure as to whether this matter is to be considered anew in the sense that the public hearing may be reopened or rather that the procedure will - be simply a discussion by the Planning Commission of a matter that had been tabled at the original public hearing. If the public hearing part of the rezoning request is to be reopened, then we wish to submit this letter stating our opposition in part and non -opposition in part, to the rezoning request. Neither Mr. Bowman, nor I, can personally appear at the scheduled time because of out-of-town commitments made prior to our receipt of the notice. As stated at the previous public hearing James L. Bowman and Bowman Trucking Company, Inc. (hereafter Bowman) objected to the rezoning request insofar as it relates to the portion of land lying east of a dividing line as shown on a plat by Richard U. Goode, C.L.S., dated May 15, 1986, a copy of which is attached, said portion being marked Parcel A, and further that no objection is made to the rezoning request concerning that portion of property lying west of the dividing line marked Parcel B on the plat attached. r • • Chairman, Frederick County Planning Commission Page 2 January 16, 1987 Bowman owns land directly across State Route 277 which includes both what was once a trucking terminal and which also includes Mr. Bowman's personal residence. Bowman also owns adjacent land to the west and north of the subject land which is commonly known as the Nottoway Subdivision, which is presently being developed, with actual construction begun, for some 140 townhouse units. Athey Trucking Company has been located on Parcel B for a long period of time, Parcel B having been purchased in 1954, which use, with the adoption of the Zoning Ordinances in Frederick County, became a non- conforming use subject to the rules applicable to the expansion of non- conforming uses. We have no objection to the rezoning of Parcel B since a trucking company has been located thereon for a long period of time and it would appear inequitable to oppose such rezoning or to attempt to prevent that property from being used as a truck terminal as it has been for a long time. However, Parcel A has never been, nor has zoning permitted, its use as a truck terminal. It is land that was purchased during 1983-84, and thus the same considerations, as we have stated with regard to Parcel B, do not apply to Parcel A. Parcel A, at the time that Mr. Athey, et al, purchased, was in fact zoned RP, a fact which must have been known to Mr. Athey, et al, at the time of the purchase. Thus no inequities can result if Parcel A is in fact not rezoned. The Planning Commission is well aware that Stephens City and the surrounding area is rapidly changing in character. It probably does not make good planning sense for a trucking terminal, or any other uses allowed in M2 zoning, to exist along the Route 277 corridor in the area under consideration. This is especially true in view of the zoning which the Commission, and the Board, thought appropriate when Fredericktowne, The Pines, and now Nottoway, were zoned years ago. It would seem that the entire request, from a pure planning prospective, should be denied but that these considerations must be balanced against the fact that Athey Trucking Company has been located on Parcel B for a long period of time. With the above in mind we believe that the rezoning request should be denied, as to Parcel A and, as to Parcel B, we do not state any opposition and express no point of view from a rezoning prospective. We might, in closing, advise that there is presently pending litigation concerning whether or not the non -conforming use, as presently exists, has been expanded so that the same would not be permitted under the applicable zoning ordinance. This particular litigation, we do not believe, has any bearing upon the request being made and should not be a consideration as to what action the Planning Commission would take in regard to this matter. Chairman, Frederick County Planning Commission Page 3 January 16, 1987 Again, Mr. Bowman and I wish to express to you that we would appear personally had it not been for previous commitments made prior to the notice received from the Planning Commission concerning this hearing. Sinc BJT : j dw Enclosure . Tisinger ,.x . 0 IATHEYSI OTHER LAND S 63 I °00,06"E 249-B7� I I.Ps. _ �+ N25033`15"E 92.721 S59053'23"E 205.71 W1 �ARC�t 1 7 I.P.S. .PF m Act 0 a: to 3 r__ A I., Ln Ir co PORTION OF LAND o OF ATHEY U) TO BE REZONED I.PS3 R.R.SFEE Z ►%\M Q O'L mco J Lo W CO Q ~ N68°44108 132• I w_ 0 I rn U Ho a1 0 Z -to N c N to - rJ '0 =0 w N to -- 3 m CO 4.09 ACRES I AL LDING 019 0 O rM I I.PF c N 11. P S. �-2 N?Z N10j3-A' Sj T 100' 50' 0 100 SCALE IN FEET LEROY ORNDORFF D.B.327, P.123 TR.88 , T.M.86 1•he above Tract of land, located about One and One-half Miles East of Stephens City on the North side of State Highway No. 277 and situate in Opequon Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) an iron peg found on the North side of State Highway No. 277 and the East side of a 15 foot Right-of-way and a corner to the land of Leroy Orndorff; thence with the North side of State Highway No. 277 N 72 deg. 07, min. 03 sec. W 277.12 feet to (2) an iron peg set on the North side of State Highway No. 277; thence with two new division lines through the land of Athey N 24 deg. 31 min. 33 sec. E 228.10 feet to (3) a Railroad Spike set; thence N 68 deg. 44 min. 08 sec. W 132.78 feet to (4) an iron peg set in the line of the land of James L. Bowman; thence with the land of Bowman for the following three courses: N 25 deg. 45 min. 32 sec. E 240.71 feet to (5) an iron peg set; thence S 59 deg. 53 min. 23 sec. E 205.79 feet to (6) an iron peg found; thence N 25 deg. 33 min. 15 sec. E 92.72 feet to (7) an iron peg set in the line of the land of James L. Bowman; thence with a new division line through the land of Athey S 63 deg. 00 min. 06 sec. E 249.87 feet to (8) an iron peg set on the East side of a 15 foot Right-of-way and in the line of the land of Leroy Orndorff; thence with the land of Orndorff S 30 deg. 44 min. 11 sec. W 494.10 feet to the point of beginning, containing 4.09 Acres, more or less. SURVL-Y NO. 9043 /A RICHARD U. GOODE, CERTIFIED LAND SURVEYOR BERRYVILLE, VIRGINIA. MAY 15, 1986 0,,-. �n q RICHARD U. GOODE u NO. 412 s AND SURVE`( ✓ 0 �ATHEYSI OTHER LAND k63000 10611E 249.', 7 I.P.S. N25033'15"E 92.72' S59053'23"E 205.7 h- O Id- N m cli to iU) d' 0 0 N Q O� M 00 U) CO W Cr 51.PS. E'2 w 0 K)r F a a� o z raN w N m 0.00 I. P. F 6 0 0 rn a: N ro rn N m G) 6 3 R.R.SPIKE PORTION OF LAND OF ATHEY _n TO BE REZONED - 4.09 ACRES i METAL BUILDING I a t� I . P. S.WOOOw 27 0 rn 0 IT 0 O in I . P. F 100' 50' 0 I 0 0' SCALE IN FEET LEROY ORNDORFF D.B.327, P.123 TR.88 , T.M.86 The above Tract of land, located about One and One-half Miles East of Stephens City on the North side of State Highway No. 277 and situate in Opequon Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) an iron peg found on the North side of State Highway No. 277 and the East side of a 15.foot Right-of-way and a corner to the land of Leroy Orndorff; thence with the North side of State Highway No. 277 N 72 deg. 05 min. 03 sec. W 277.12 feet to (2) an iron peg set on the North side of State Highway No. 277; thence with two new division lines through the land of Athey N 24 deg. 31 min. 33 sec.. E 228.10 feet to (3) a Railroad Spike set; thence N 68 deg. 44 min. 08 sec. W 132.78 feet to (4) an iron peg set in the line of the land of James L. Bowman; thence with the land of Bowman for the following three courses: N 25 deg. 45 min. 32 sec. E 240.71 feet to (5) an iron peg set; thence S 59 deg. 53 min. 23 sec. E 205.79 feet to (6) an iron peg found; thence N 25 deg. 33 min. 15 sec. E 92.72 feet to (7) an iron peg set in the line of the land of James L. Bowman; thence with a new division line through the land of Athey S 63 deg. 00 min. 06 sec. E 249.87 feet to (8) an iron peg set on the East side of a 15 foot Right-of-way and in the line of the land of Leroy Orndorff; thence with the land of Orndorff S 30 deg. 44 min. 11 sec. W 494.10 feet to the point of beginning, containing 4.09 Acres, more or less. w SURVEY NO. 9043/A RICHARD U. GOODE, CERTIFIED LAND SURVEYOR BERRYVILLE, VIRGINIA.~, MAY 15, 1986 RICHARD U. GOODE NO. 412 711'�ND SURVEN�, PETITION FOR REZONING TO: The Planning Commission and Board of Supervisors of Frederick County, Virginia Comes now, Joseph W. Athey and Asia R. Athey, his wife, and Joseph W. Athey, Jr, and Athey Trucking, Inc., and petition the authorities of Frederick County, Virginia, to rezone the real estate described in the attached plat from the present zoning of A-2 to that of M-2 Industrial General. The land has been used as a truck terminal since long before the adoption of the Frederick County Zoning Ordinance on November 1, 1973, and has been a non -conforming use since that time. Part of the land to be rezoned is owned by Joseph W. Athey and Asia R. Athey, his wife, and leased to Athey Trucking, Inc., and part of the land is owned by Joseph W. Athey and Joseph W. Athey, Jr., jointly, and leased to Athey Trucking, Inc. The land is improved by an office and storage building, truck terminal and repair building and other miscellaneous things such as a driveway, water and sewerage disposal. Respectively, J. W. Athey Asia R. Athey J. W. Athey, Jr. Athey Trucking, Inc. os eh . Massie, Jr. Their Attorney and Agent JOSEPH A. MASSIE, JR II ATTORNEY AT LAW Delivered 9/17/86 WINCHESTER, VIRGINIA • VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY J. W. ATHEY, et al, Complainants V. IN CHANCERY NO. C87-81 THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, Respondent A N S W E R Comes now your Respondent, the Board of Supervisors of Frederick County, Virginia, by counsel, and, for its Answer to the Bill of Complaint previously filed herein, states as follows: 1. Your Respondent admits the allegations of Paragraphs numbered 1., 2., 3., and 5. of the Bill of Complaint. 2. The Complainants' application for rezoning was scheduled for a public hearing before the Frederick County Planning Commission of January 21, 1987, as alleged in Paragraph numbered 4. of the Bill of Complaint. Notice of such public hearing was given to the Applicant, Joseph W. Athey for Athey Trucking, Inc., being two of the Complainants herein, in the manner provided by law, on January 8, 1987, as shown by the attached document, marked "Respondent's, Exhibit 1". The Complainants.' application for rezoning was scheduled for a public hearing before your Respondent herein on January 28, 1987 and notice of same was given to the aforesaid Applicant irk the manner provided by law on A January 14, 1987, as shown by the attached document marked "Respondent's Exhibit 2." 3. The aforesaid Applicants for Rezoning amended their application for rezoning on January 21, 1987 to seek M-1 zoning, rather than M-2 zoning as originally sought and requested the Planning Commission to table action on such application for rezoning, which request was granted and action so tabled until February 4, 1987, as shown by the minutes of the Planning Commission meeting of January 21, 1987 attach- ed hereto and marked "Respondent's Exhibit 3." The Applicant,, by counsel, was personally present when such action was taken and further notice that a public hearing on the appli- cation for rezoning would be held by the Planning Commission on February 4, 1987 was given to the Applicant in the manner provided by law on January 27, 1987, as shown by the attached document marked "Respondent's Exhibit 4." 4. Your Respondent admits that a public hearing was held by the Planning Commission on February 4, 1987 on the application for rezoning and that the Complainants were heard in support of such application; however, no record was made of the specifics presented by the Complainants and your Respondent call for strict proof of the allegations contained in Paragraph numbered 7. of the Bill of Complaint. 5. Your Respondent denies the allegations of Paragraph numbered 8.' of the Bill of Complaint and states that the action taken by the Planning Commission on February 4,1987, z • -3 • as shown by the attached minutes of such meeting marked as "Respondent's Exhibit 5." was a proper exercise of its lawful authority. 6. Your Respondent admits the allegations of Paragraph numbered 9. of the Bill of Complaint with the exception that the Respondent states that notice of the public hearing held by the Respondent on February 11, 1987 was given to the Applicant in the manner provided by law on January 27, 1987, as shown by the attached document marked "Respondent's Exhibit 6." 7. Your Respondent admits that the application for rezoning by Complainants was heard at a public hearing before your Respondent on February 11, 1987 as alleged in Paragraph numbered 10. of the Bill of Complaint and that comments were heard in favor of and against the application for rezoning but that no record was made of the specifics of such comments. The minutes of the meeting of your Respondent on February 11, 1987, attached hereto and marked "Respondent's Exhibit 7." reflect the proceedings held that date. 8. Your Respondent denies the allegations of Paragraph numbered 11. of the Bill of Complaint and state that the action taken by the Respondent was a proper exercise of the lawful legislative authority of the Respondent. WHEREFORE, your Respondent praysthe Court to enter a decree in this cause as follows: 1. That the denial of the Complainant's request for t r' _ 4 - rezoning was a lawful exercise of your Respondent's police power and that action not be declared null and void; 2. That your Respondent not be enjoined by the Court from it's legislative function of lawfully denying the Complainant's request for rezoning; 3. That the Complainant not be awarded any costs of this proceeding; and, 4. That your Respondent may have such other and general relief as to equity shall seem meet. FREDERICK COUNTY BOARD OF SUPERVISORS BY• LAWRENCE R. AMBROGI LAWRNECE R. AMBROGI Attorney for the Frederick, County Board of Supervisors Judicial Center 5 North Kent Street Winchester, Virginia 22601 MAILING CERTIFICATE I hereby certify that an exact copy of the foregoing Answer was delivered or mailed, postage prepaid to Joseph A. Massie, Jr., Esquire, P. 0. Box 2812, 44 South Cameron Street, Winchester, Virginia 22601, Counsel for Complainants, on this 4th day of May, 1987. LAWRENCE R. AMBROGI x . �s�nc�2rts Exi,661f I. COUNTY of FREDERICK IDepartments of Planning and Building G(.6- 703/6 �15-5650 il January 8, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of January 21, 1987, at 2:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa " r11 n..,.. rnl IIAnI to certify , the attached correspondence womailed to the following on _y 8, 1987 from the Department of Planning and Development, Frederick County, ,oinia: ORNOORFF, LEROY RT. 1 3OX 351 STEPHENS CITY, VA. 22655 BOWMAN, JAMES L. MARY J. P. 0. BOX 6 STEPHENS CITY, VA. 22655 Mn. Jo.3 eph W. Athey Athey Plucking, Inc. Route 1, Box 364 Stephenz City, V. ginia 22655 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, j"QYj!t , 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 8 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this � 1'1 day of 198b � asa My commission expires on%1�'(,(��'1 0 NOTARY P BLIC i • 0 'RcsPC) r\c[eV4s EXA;tot' r I. COUNTY of FREDERICK IDepartments of Planning and Building 703/&�-5-5650 January 14, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of January 28, 1987, at 7:15 p.m., in the Board of Supervisors` Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, G� Robert W. Watkins Director RWW/rsa LJ • _-d to the following on January 14, 1987 from the Department of Planning and Development, Frederick County, Virginia: ORNOORFF, LEROY 1 WL. Joseph. W. Athey RT. 1 BOX 351 STEPHENS CITY, VA. 22655 Ath.ey Tttucking, Inc. Route 1, Box 364 Stephews City, V- ginia 22655 BOWMAN, JAMES p. 0. BOX 6 STEPHENS CITY, L. & MARY J. VA. 22655 7,k�-'ll-Q1,4,zl� Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERIICK I, t�glpi f `j, , 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 0144h has personally appeared before me and acknowl dged the same /�W state and county foresaid. Given under my hand this / / day of i , 1987. My commission expires onZ�' - -,/ /) &Y 2 NOTARY PUBLIC - 3 - CONTINUATION OF A PUBLIC HEARING Rezoning Request #020-86 of-Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) in the Opequon Magisterial District. Action - Tabled to February 4, 1987 Mr. Watkins stated that this item was tabled from November 5, 1986 for 90 days or until a resolution of the litigation. Mr. Watkins said that he has received two requests from the applicant: 1) to change the rezoning request from M-2 to M-1; Mr. Watkins said that this will not require re -advertisement; 2) that this item be tabled until the first meeting in February. Mr. Watkins pointed out that the 90th day is the day after the Commission's next meeting. Mr. Massie, attorney representing Mr. Athey, was present to answer questions. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #020-86 of Athey Trucking, Inc. until February 4, 1987, at the applicant's request. PUBLIC MEETING Preliminary Master Development Plan #015-86 of Greenwood Heights for a single-family traditional development in the Shawnee Magisterial District. Action - Approved Charles E. Maddox, Jr., P.E., with G. W. Clifford and Associates, was present to represent Greenwood Heights. Mr. Stiles asked for the size of the lots fronting this and Mr. Maddox replied that they were 18,000 square feet. Mrs. Regina Baldwin, adjoining property owner, was concerned about the price range for the proposed dwellings. Chairman Brumback said that the Planning Commission does not have the legal right to deal with price ranges for homes in developments. Mrs. Baldwin said that she had observed a mixture of housing price ranges in other areas of the county and did not want this to occur in her area. Mrs. Baldwin was opposed to townhouses being constructed here. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Preliminary Master Development Plan of Greenwood Heights for a single-family detached traditional development to be located south on Route 656 (Greenwood Road) and south of the Route 656 and 657 ?'IA7 • ��S�Ov�ciec•�"�S �x�'ti.�ai� �. �•�C;. COUNTY of FREDERICK Departments of Planning and Buildin "5 -5& 703 /6-53-3630 January 27, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-1 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. Due to tabling at their previous meetings, the consideration of this rezoning request will be continued by the Frederick County Planning Commission at their meeting of Feburary 4, 1987, at 7:30 p.m. and by the Frederick County Board of Supervisors at their meeting of February 11, 1987 at 7:15 p.m. Both of these meetings will be held in the Board of Supervisors` Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa P (l Rn,r F,ni Winchester. Virginia 22601 This is to certify tothe attached correspondence wa*ailed to the following on January 27, 1987 from the Department of Planning and Development, Frederick County, Virginia: Mr. Leroy Orndorff Route 1, Box 351 Stephens City, Virginia 22655 James L. & Mary J. Bowman P.O. Box 6 Stephens City, Virginia 22655 Mr. Joseph Athey Athey Trucking, Inc. Route 1, Box 364 Stephens City, Virginia 22655 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, 4�_�-a4� , 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 CW, 4'W,1L-1 1 , has personally appeared before me and acknow dged the same in my state and county foresaid. Given under my hand this day of , 1987. My commission expires on NO TA Y PUBLIC Frederick Counties. Mr. Watkins said that the Virginia State Water Control Board has requested that the Board of Supervisors endorse the plan. He said that the Board has referred the plan to the Stream Standards Committee for review. Mr. Watkins said that the staff would report back to the Commission on the findings of that committee. INFORMATION FROM VA. COOPERATIVE EXTENSION SERVICE ON AMENDMENTS TO AGRICULTURAL AND FORESTAL DISTRICTS Mr. Watkins presented some information from the Virginia Cooperative Extension Service of Virginia Tech regarding proposed amendments to the Agricultural and Forestal Districts Act of 1977. Mr. Watkins stated that depending on the outcome of the amendments, the staff may have some additional recommendations to the Comprehensive Plan regarding the Agricultural and Forestal Districts. CONTINUATION OF A PUBLIC HEARING Rezoning request #020-86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Performance) to M-1 (Industrial Limited) in the Opequon Magisterial District. Action: - Approval to rezone the western parcel, identified as Parcel B (containing the existing building) - Denial to rezone the eastern parcel, identified as Parcel A Mr. Watkins noted that this item was tabled from a previous Planning Commission meeting and then summarized the staff's previous review. Mr. Joseph Massie, attorney, was present to represent the Athey Trucking Company, Mr. and Mrs. Athey, and their son, Joseph W. Athey, Jr. Mr. Massie introduced his investigator, Mr. Lawrence Peters. Mr. Peters presented some photographs of the area and said that he was retained to determine if any neighbors in the area were disgruntled about the trucking company and/or noise in the area. Of the four neighbors that Mr. Peters interviewed, he'said that none had complaints about the Athey Trucking operation, but they did complain about the noise coming from Route 277. Mr. Peters said that he used a surveillance shot -gun type microphone to record the traffic noise at the truck area and the most prevalent sounds came from I-81 and secondly, Route 277. Mr. Massie said that Mr. Athey has a need for additional parking and this is the primary reason he purchased the land east of the existing facility. He said that Mr. Athey would like to park employees' vehicles on the newly purchased parcel and noted that there are no residential properties surrounding this property. Mr. Massie said that any new construction would be attached to the existing building. Mr. Massie t • - 4 - stressed that Mr. Athey was present at this location long before the residential area started and that Mr. Athey is a nonconforming use in a recently rezoned area. Mn" Massie asked that this rezoning not be judged on anticipated future expansion. He further added that this enterprise will benefit Frederick County and will not be a hardship to the people in the area. Mr. Bill Tysinger, representing James L. Bowman and Bowman Trucking Company, came forward to speak in opposition to this rezoning. He said that Mr. Athey has been on the original parcel (Parcel B) since 1954 and they do not oppose rezoning of this portion of land; however, the land that lies east of the original parcel (Parcel A) was purchased in 1983-84, when all the surrounding land was zoned RP, and they do oppose rezoning of this parcel. Mr. Stiles agreed that Mr. Athey has a vested and grandfathered interest in the parcel on which the existing operation is located; however, he felt Mr. Athey did not have a vested interest or rights to the second parcel. Mr. Stiles said that this parcel was purchased while it was zoned residential and while it was surrounded by residential zoning. Mr. Stiles noted that in addition to considering the impacts of Mr. Athey's truck terminal, the impacts of any use in M-1 have to be considered and not solely the existing use. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby approve the rezoning of the western parcel, identified as Parcel B (containing the existing building), described in Deed Book #232, Page #306, to M-1 (Light Industrial). The vote was as follows: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, DeHaven, Wilson NO: Mr. Romine Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT FURTHER RESOLVED, THAT the Frederick County Planning Commission does hereby deny the rezoning of the eastern parcel, identified as Parcel A, and described in Deed Book #573, Page #109, to M-1 (Light Industrial). The vote was as follows: YES (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, Romine NO: Messrs. DeHaven, Wilson } ID ��'a�0 nu�►�T S / laJltii\i 1. 1 Woo 1 U 1 i,46 JN141 i ^M ( JL'1(ci( S ( J 1 LZ-1 - its". J..�'✓ CU Mr. Riley presented this request and stated that he could see no reason why the sewer and water lines could not be connected to the existing lines for the recently approved Holiday Inn addition on Route 50 East. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the request from Bradbern Construction Company, Inc, for connection to existing sanitary sewer system was approved. PUBLIC HEARINGS REZONING APPLICATION #020-86 OF ATHEY TRUCKING COMPANY - OPEQUON MAGISTERIAL DISTRICT - APPROVED IN PART Mr. Watkins presented this request and stated that the Planning Commission recommended the following for this request: 1. To approve the rezoning of the Western parcel, identified as Parcel B (containing the existing building) to :M-1 (Light Industrial). 2. To deny the rezoning of the Eastern parcel identified as Parcel A to M-1 ( Light Industrial) . Mr. Joseph Massie, Attorney, appeared before the Board representing Mr. and Mrs. Athey who own one parcel and also Mr. Athey and his son who own the second parcel. Mr. Massie stated that the Athey's had acquired this land a number of years ago and now they would like to expand their current trucking business and part of this land would be used for a terminal. Mr. Larry Peters, Private Investigator from 'Ninchester, appeared before the Board and presented certain data with reference to the question of noise that he had obtained from some citizens living in this area, as well as pictures of the Athey property and scheduling of the truck traffic moving in and out of the Athey property. Mr. Joseph Athey stated that he had nothing to say at this time. Mr. Bill Tisinger, Attorney representing Mr. James Bowman, -appeared before the Board to speak against this rezoning request. He stated that Mr. Bowman owns land to the North, to the West and to the South across Route 277 from the land under consideration for rezoning. Mr. Tisinger stated that he does not oppose Mr. Athey continuing the nonconforming trucking operations. He referred to the Athey's plat and stated that the parcel on the plat to the left which contains the metal building was obtained by Mr. and Mrs. Athey some time ago and it is on that location where the trucking operation has in fact been in operation and where that trucking operation began before • 0 zoning laws in Frederick County. He further stated that on the rig.. _ of that plat there is another deed book reference that will indicate a more recent acquisition of land by Mr. and Mrs. Athey. He further stated that they have no objection and do not oppose the rezoning of the land located to the left of the plat, but do vigorously oppose any rezoning of the land to the right of the plat. Mr. Joe Athey, Jr. appeared before the Board and stated that Mr. Bowman was opposed to this rezoning request due to the fact that he .too wanted this parcel of land that his Father had purchased. Ms. Karen Ringer, resident of Fredericktowne, appeared before the Board and stated that 'she did not feel the Athey's request 'to expand the terminal would cause excessive truck traffic and noise in the area. She did feel that there was a water problem in this area that needed to be addressed. Mr. Gary Athey appeared before the Board and referred to Mr. Tisinger's remarks about this land and how it was rezoned. He asked the Board how much land would be needed in order to be able to expand. Mr. Throckmorton stated that he would have to abstain from voting on this issue. Mr. Owings asked Mr. Ambrogi if this could be handled as two parcels instead of one. Mr. Ambrogi replied if this is how the Board chooses to handle it. Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, to approve the rezoning of the Western parcel, identified as Parcel B (contain- ing the existing building) described in Deed Book number 232, Page number 306 to M-1 (Light Industrial). The above was passed by the' following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Thomas B. Throckmorton abstained. Mr. Owings made a motion to deny the request to rezone the Eastern parcel, identified as Parcel A, and described in Deed Book number 573, Page number 109 to M-1 (Light Industrial). This motion died for the lack of a second. Mr. Rhodes asked if the Board could require screening. Mr. Stiles replied no. Upon motion made by Robert M. Rhodes and seconded by Rhoda W. Maddox, to approve the rezoning of Parcel A to M-1 (Light Industrial). Mrs. Maddox stated that she felt that there is a lot of commercial zoning on Route 277 and that water is a problem in this area for a lot of the residents. The above motion was denied by the following vote: Aye - Robert M. Rhodes and Rhoda W. Maddox. Nay - Kenneth Y. Stiles, Will L. Owings and C. William Orndoff, Jr. Thomas B. Throckmorton abstained. REZONING REQUEST #001-87 OF CRAIG D. AND SERI K. KERN - GAINESBORO MAGISTERIAL DISTRICT - WITHDRAWN The rezoning request number 001-87 of Craig D. and Seri, K. Kern was withdrawn. REZONING APPLICATION #003-87 - LOWE'S INVESTMENT CORPORATION - SHAWNEE MAGISTERIAL DISTRICT - APROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended approval. Mr. David Wright of Lowe's appeared before the Board to answer any questions they might have. No one appeared in opposition to this request. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application number 003-87 of Lowe's Investment Corporation, c/o David J. Wright, Lowe's Real Estate Department, Box 1111, N. Wilkesboro, North Carolina, to rezone 7.79 acres from B-1 (Business Limited) to B-3 (Industrial Transition) was approved. This property is located on the East side of Route 522 South, South of the Route 50 intersection, and identified as Parcels 4 and 4-B on Tax Map 64 in the Shawnee Magisterial District. APPLICATION #002-87 OF HAROLD N. AND BETTY L. STROSNIDER - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended denial. Mr. Harold Strosnider appeared before the Board on behalf of his re- quest and explained to the Board what his plans were and that he had not heard any objections from any of his neighbors. Mr. Butch Kerns, Realtor, appeared before the Board and stated that he intended to purchase the lots and build on them if this request was approved. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, application number 002-87 of Harold N. and Betty L. Strosnider, Route 1, Box 358, Stephens City, Virginia, to mix housing types residential development are currently in place; 5) the soil scientist has confirmed that the soils are well suited for septic systems; 6) there is currently a market for 150,000 square foot lots and the $150,000 and up price range would be comparable to existing houses in the area. Mrs. Patricia Scheder, adjoining property owner, was opposed to residential zoning because it would spoil the aesthetic appeal of the farmlands in the area. She asked the Commission to consider a 10-acre lot minimum. Mrs. Scheder also felt that the traffic could be hazardous at times. Some of the commissioners felt that the way in which the applicant had chose to develop the land, with the state -maintained roads and size of the lots, would create a desirable development. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #019-86 of John S. Scully, IV to rezone 131 acres from A-2 (Agricultural General) to RP (Residential Performance) for single-family residences. This property is located on Route 739, approximately one mile from its intersection with Route 522 North; and on the east side of Route 739, north of Foxlair, west of Spring Valley, south and west of Glenside Subdivision, and on both sides of Route 673, in the Stonewall Magisterial District. Rezoning Request #020-86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) in the Opequon Magisterial District. Action - Tabled for 90 Days Mr. Stiles stated that this particular property is the subject of litigation and a decision by the Commission or Board may have an impact on that litigation. Mr. Stiles felt it may be advisable to table this rezoning pending the outcome of the litigation. Mr. Joseph Massie, attorney representing the Athey Trucking Company, Mr. and Mrs. Athey, and their son, Joseph W. Athey, Jr., gave a brief history and description of the trucking operation at this location. Mr. Massie said that Mr. Athey has been in operation at this location since 1954, before there were any zoning laws in Frederick County. He said that Mr. Athey's business started at his home, has grown, and at the present time, he employs about 14 people, has ten tractors and about 36 trailers. Mr. Massie said that Mr. Athey has a building for repair of his trucks and has more recently constructed an office building. Mr. Massie said that this operation is currently classified as a nonconforming use and Mr. Athey would like to have the property rezoned to reflect the existing use. In reply to a Commissioner's concern on why Mr. Athey chose to rezone to M-2 instead of M-1, Mr. Massie said that this was a recommendation by someone at the Planning Office, but the M-1 Zoning would certainly be satisfactory. • — 8 — • Mr. Bill Tysinger, attorney representing James Bowman, said that Mr. Bowman owns land to the north, to the west, and to the south, across Route 277, from the land under consideration for rezoning. The Nottoway Subdivision, being developed by Mr. Bowman, surrounds this land on the north and the west. Bowman Trucking Company is located almost directly across the road from a portion of the proposed rezoning and Mr. and Mrs. Bowman live a short distance down the road, east from this proposed rezoning. Mr. Tysinger said that they do not oppose Mr. Athey continuing the nonconforming trucking operation. Mr. Tysinger brought the Commission's attention to the Athey's plat and stated that the parcel on the plat to the left which contains the metal building was obtained by Mr. and Mrs. Athey some time ago and it is on that location where the trucking operation has in fact been in operation and where that trucking operation began before zoning laws in Frederick County. Mr. Tysinger stated that on the right side of that plat, there is another deed book reference that will indicate a more recent acquisition of land by Mr. and Mrs. Athey. Mr. Tysinger said that they have no objection and do not oppose the rezoning of the land located to the left of the plat, but do vigorously oppose any rezoning of the land to the right of the plat. Mr. Tysinger said that the litigation that Mr. Stiles' referred to is a lawsuit that was brought against the Board of Zoning Appeals of Frederick County and against Mr. and Mrs. Athey on the basis that the Bowman perceive that Mr. and Mrs. Athey expanded a nonconforming use in violation of the ordinances and that county officials did not enforce the ordinance. Mr. Tysinger said that if this land is rezoned, or if a portion of the land containing the trucking operation is rezoned, it -would make that suit mute. Mr. Stiles asked Mr. Watkins if any of the existing operation was on the parcel on the east side of the property. Mr. Watkins said that there was not, although the staff did have to write to Mr. Athey requesting that he not park vehicles on that parcel. Mr. Stiles asked if Mr. Athey had already expanded by 50% on the existing parcel and Mr. Watkins replied that he had reached the 50% expansion. Mr. Golladay said that he did not have any problem with rezoning the trucking business, however, he did question the M-2 zoning. He felt M-1 was more appropriate, because it allowed truck terminals. He also was concerned about the other portion of land and the f act that it was in addition to the original tract. Mr. Golladay said that his over—riding concern was the legal aspect and questioned the Planning Commission's actions possibly making a law suit mute. Therefore, Mr. Golladay moved to table the rezoning for a period of 90 days or until the law suit was settled. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table for 90 days Rezoning Application #020-86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Peformance) to M-2 (Industrial General). This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. (Mr. Stiles suggested that the applicant resubmit another rezoning application to rezone the property to M-1 (Industrial Limited) instead of M-2 (Industrial General). Rezoning Request #021-86 of Rodney Cowley to rezone 49,708 square feet from A-2 (Agricultural General) to B-2 (Business General) in the Gainesboro Magisterial District. Action - Approved Mr. Watkins said that the owner recently had a conditional use permit approved for a grocery store/wayside stand/service station and a condition of that permit was for the applicant to meet site plan requirements. Mr. Watkins said that when the site plan was submitted, the applicant found that the desired layout would be difficult, given the larger setback and yard requirements in the A-2 District. Mr. Rodney Cowley, owner, stated that he has not changed the size or layout of the building since the submittal of the conditional use permit. Mr. John Good, Jr., adjoining property owner, said that he does not oppose the application, but they are concerned about having a commercial enterprise in the middle of agriculturally zoned property. Mr. Good said that they may be before the Commission and Board in a few years to request a rezoning on their property. Col. Myers was concerned about access to Route 522 and felt the Commission needed to look for solutions to accomodate businesses along this road. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #021-86 of Rodney Cowley to rezone 49,708 square feet from A-2 (Agricultural General) to B-2 (Business General) for a convenience store/gas station. This property is located on the northeastern side of Route 522 North at Albin in the Gainesboro Magisterial District. MASTER DEVELOPMENT PLANS Final Master Development Plan #007-86 of Shenandoah Hills, Section 3, for 82 single-family cluster lots in the Stonewall Magisterial District. Action - Approved Mr. Watkins said that the revised plan reflects improved design changes that address all review comments of the preliminary plan. He said that open space, environmental, dimensional, and buffer area requirements GX ., C�� • COUNTY of FREDERICK a Departments of Planning and Building w 703/665-5650 17J8 May 25, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Athey Trucking, Inc. Rezoning Application #020-86 To: Rezone approximately two acres from RP (Residential Performance) to M-1 (Industrial Limited) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This previously tabled rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of June 8, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 t This is to certify tha0he attached correspondence wasoiled to the following on + May 25, 1988 from the Department of Planning and Development, Frederick County, Virginia: Mr. Leroy Orndorff Route 1, Box 351 Stephens City, Virginia 22655 James L. and Mary J. Bowman P. 0. Box 6 Stephens City, Virginia 22655 Mr. Joseph Athey Athey Trucking, Inc. Route 1, Box 364 Stephens City, Virginia 22655 Robert W. a ins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, /C_ Go)-,Ll-:-// , 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 �� 5 f`i day of 1988. My commission expires on pfey,2GeY \73 /9 } �j� 1-ff--ttifi- /\ :E61 NOTARY PUBLIC M • COUNTY of FREDERICK IDepartments of Planning and Building L 5 -5650 703/,653 3650 January 27, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-1 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. Due to tabling at their previous meetings, the consideration of this rezoning request will be continued by the Frederick County Planning Commission at their meeting of Feburary 4, 1987, at 7:30 p.m. and by the Frederick County Board of Supervisors at their meeting of February 11, 1987 at 7:15 p.m. Both of these meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, 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 t This is to certify th0he attached correspondence was Railed to the following on January 27, 1987 from the Department of Planning and Development, Frederick County, Virginia: Mr. Leroy Orndorff Route 1, Box 351 Stephens City, Virginia 22655 James L. & Mary J. Bowman P.O. Box 6 Stephens City, Virginia 22655 Mr. Joseph Athey Athey Trucking, Inc. Route 1, Box 364 Stephens City, Virginia 22655 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I)51./ , 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 - 0 v , has personally appeared before me and acknowl dged the same in my state and county foresaid. Given under my hand this Cmc day of , 1987. My commission expires on I 316 NOT A Y PUBLIC COUNTY of FREDERICK IDepartments of Planning and Building &kS 703/6-5-5-5650 October 29, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of November 12, 1986, at 6:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, 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*e attached correspondence was Wed to the following on October 29, 1986 from the Department of Planning and Development, Frederick „ County, Virginia: 0p.N90Rt= r , L`-ROY I<T. 1 _ox 351 fir, . 2Z655 "ST V. 1 -- �:, CITY 9 i�0'1-VIAN, JA,ML-S P STEPHENS CITY, STATE OF VIRGINIA COUNTY OF FREDERICK c i Cr-A 3 �O r il! A . ?,--.655 Robert W. Wa kins, 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 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of My commission expires on . 1986. C� 0 COUNTY of FREDERICK IDepartments of Planning and Building "s 703/f5-5-5650 October 22, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of November 5, 1986, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, 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 October 22, 1986 from the Department of Planning and Development, Frederick County, Virginia: 0`lNO01 rF , L rt0Y RT. 1 J 351 STEPHENS CITY, Va. 22655 6014('!AN, j,�,,"IES L. US P'A��Y J. P. 0. E30X iTc?HE�IS CITY, VA. 22655 STATE OF VIRGINIA COUNTY OF FREDERICK I, Mr. Joseph W. Athey Athey Trucking, Inc. Route 1, Box 364 Stephens City, VA. 22655 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 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of , 1986. My commission expires on NOTARY PUBLIC A • COUNTY of FREDERICK IDepartments of Planning and Building U05 703/€s5'S-5650 January 14, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of January 28, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, l Robert W. Watkins Director RWW/rsa 9 Court Square P.O. Box 601 Winchester, Virginia 22601 'A This is to certify the0e attached correspondence was Wed to the following on January 14, 1987 from the Department of Planning and Development, Frederick County, Virginia: ORNDORFF, LEROY Mn.. Jo.6eph W. Athey RTO1 BOX 351 Athey Ttcucking, Inc. STEPHENS CITY, VA. 22655 Route 1, Box 364 Stephe" City, V, rAginia 22655 BOWMAN, JAMES L. & MARY J- P. 0. BOX 6 STEPHENS CITY, VA. 22655 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I _ /QiVIQ(jt/.1. AtZ2 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 acknowl dged the same estate and county foresaid. Given under my hand this day of , 1987. My commission expires on NOTARY PUBLIC u 0 January 8, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Athey Trucking, Inc. COUNTY of FREDERICK Departments of Planning and Building GG s" 703/&fF!�-5650 Rezoning Request For: Rezoning of 4.09 acres from RP (Residential Performance) to M-2 (Industrial General) for use as a truck terminal. This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of January 21, 1987, at 2:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, 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 e attached correspondence was led to the following on January 8, 1987 from t�Department of Planning and Dev pment, Frederick County, Virginia: ORNDORFF, LEROY RT. 1 3OX 351 STEPHENS CITY, VA. 22655 BOW MAN, JAMES L. `•1ARY J. P. 0. BOX o STEPHENS CITY, VA. 22655 Mn. Jo.a eph W. Athey Athey Tnucking, Inc. Route 1, Box 364 Stephews City, V,vrginia 22655 i Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, P 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%L 0 , has personally appeared before me and acknowledged the same in my state and county foresaid. '7 ✓lSrc Given under my hand this day of , 1986. My commission expires on NOTARY P BLIC