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HomeMy WebLinkAbout021-86 Rodney Cowley - BackfileREZONING REQUEST #021-86 Rodney Cowley Rezone 49,708 Square Feet from A-2 (Agricultural General) to B-2 (Business General) LOCATION: Northeastern side of Route 522 North at Albin MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Vacant and agricultural land zoned A-2 (Agricultural General). PROPOSED USE AND IMPROVEMENTS: Convenience Store/Gas Station REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection, however, a commercial entrance permit must be applied for and approved prior to opening a business. Health Department - A drainfield site for 100 gallons/day (4.5 employees) has been found. Issuance of construction permit is pending on survey of property lines at this time. Gainesboro Fire Company - No comment Inspections Department - Proposed building to be designed and built in accordance with the Virginia Uniform Statewide Building Code and applicable standards for mercantile use. Handicap access and facilities required. One handicap parking space required. Planning and Zoning - The following issues should be considered: Background - The owner recently had a conditional use permit approved for a grocery store/wayside stand/service station (CUP #006-86). One condition was that the applicant meet the site plan requirements. 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. Location and Spot Zoning Policy - The site is located approximately one mile from the generalized urban development area and from the interchange on Route Page 2 Cowley Rezoning 37. The site is located approximately 400' from land zoned M-2 (Industrial General) and 2,000 feet from land zoned B-2. Because of the proximity to urban zoning and the urban development area and because of the rezoning of other similar properties in the Albin area, this request does not seem to constitute an inappropriate spot zoning. Site Suitability and Impacts - The site appears to be suitable for B-2 uses. We would not project any negative impacts on surrounding open land. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS: Unanimous approval. Spot Zoning Adopted Policy for the Frederick County Planning Commission Now and in the future, the prime objective of the Planning Commission is to develop plans and major policy recommendations concerning the development of the County. Any activity which distracts from these objectives should be limited to the minimum consistent with effective performance of administrative functions which are secondary obligations of the Commission and its staff. Proposals for minor zoning amendments fall within this secondary category. An inordinate number of these involve spot zoning, which has the following characteristics: 1. Individuals seek to have property rezoned for their own private uses. 2. Usually the amount of land involved is small and limited to one or two ownerships. 3. The proposed rezoning would give privileges not generally extended to property similarly located in the area. 4. Applications usually show little or no evidence of, or interest in, the effect on surrounding property, whether all uses permitted in the classification sought are appropriate in the location proposed, or conformity to a comprehensive plan or to comprehensive planning principles. The following policy is, therefore, adopted by the Planning Commission. No proposed zoning amendment will receive favorable recommendation unless: 1. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. 3. There is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) -2- 4. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 5. The proposed change is in accord with the comprehensive plan and sound planning principles. This policy shall be called to the attention of persons applying for what appear to be spot zoning changes in order to alert them to the tests which will be applied, and to minimize time spent by the Commission in consideration of applications which cannot meet these tests. iI CONDITIONAL USE PERMIT #006-86 Rodney Cowley Grocery Store/Wayside Stand/Service Station LOCATION: Route 522 North MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Agricultural land zoned A-2 (Agricultural General) PROPOSED USE AND IMPROVEMENTS: Grocery Store/Wayside Stand/Service Station REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to conditional use permit, however, a Commercial Entrance Permit must be applied for and approved prior to opening a business. Health Department - The proposed fruit stand and gas island can not be approved as shown. The gas island is located in the area approved for a drainfield for a fruit stand with four employees. Gas island must be placed elsewhere and the well will have to meet Class II standards. (copy of permit attached). Gainesboro Fire Company - No comment. Inspections Department - Proposed building to be designed and built in accordance with the virginia Uniform Statewide Building Code and applicable standards for mercantile use. Handicap access and facilities required. One handicap parking space required. Planning and Zoning - No objections. A site plan drawn in accord with Article XIX, Site Plans, of the Zoning Ordinance should be prepared and submitted to the staff and Planning Commission for approval. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This will be a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. A site plan drawn in accord with the Zoning Ordinance Site Plan Regulations be submitted and approved prior to site development/construction., 4. Any changes or additions to the site need to be submitted for approval on the site plan. Page 2 Cowley CUP PLANNING COMMISSION RECOMMENDATIONS: Approval, with the following conditions: 1. This will be a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. A site plan drawn in accord with the Zoning Ordinance Site Plan Regulations be submitted and approved prior to site development/construction., 4. Any changes or additions to the site need to be submitted for approval on the site plan. The vote on this item was: YES: Messrs. Stiles, Brumback, Golladay, DeHaven, Wilson, Romine NO: Messrs. McDonald, Myers 00 6 - NO COw�E� -14 42 t �,� 43 'A,o R P L - _ 0 yy� c RP - / f 53 M 2 -- A �• i ,/ CITY OF CITY OF WINCHESTER 'n APPLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Submittal Deadline is Application Date . (p For the Meeting of Fee Paid WILL 810 1. The applicants the owner other (check one) OWNER----,\ OCCUPANT: (if other than owner) 2. NAME: oa tJ c` -� NAME: ADDRRSS: 2rt-_� �'���ADDRESS: TELEPHONE : (�(u;1 �� (c,j TELEPHONE: 3. The property is located at (please give exac d' tions)ii PTT --7_ 1v rt ` to ti 4. The property fronts state route `-`-zz--� and consists of acres. (Please be exact) 05- The property is owned by Weaowj -i� Ati6E DATES as evidenced by deed from ' recorded in deed book no. 31q on page (va , registry of the County of f'REDERI'GK . 6. This property ' desi nated as parcel no. Z S3 on tax map no. .elz. in the ,Li3ruf� (04-0 Magisterial District. 7. The type of use 8. It is proposed that the following additions/improvements to existing buildings will be constructed. 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. (Use additional pages if necessary). These people will be notified by mail of this application. /ive 1Nie1u101 1. f oo D Address- ;-g 80k Property, ID# : VZOOb - �'q00 �- CIOOo - pp00- e - O 2- - Address: Property ID#• Vza0o - 4"oa - o-0 3... Address: 7-3 9 ? A) ui N c _ .f� i✓ LOA,) a 2 Z 0 Property ID# 406 _ oo - 0 00 0 - o ooaS�- 4. Address: Property ID#: Page Two Conditional Use Permit MAMF. 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of makinq site inspections. Signature of Owner: Signature of Applica Complete Mailing Address: Telephone Number: (�% ��j U For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 198(0 Approval Denial SECRETARY (signed) ZZLZ��, BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) % o 7- Approval Denial COUNTY ADMIN. (signed) r Page Three "Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. LIr - ---- . O O �� F_ a -� Z Ir Q m N m 3 - tV N W W 0 J a)N .J F: ZD Ld a cD vi a N 67.5f — HW MY ON.' _ g�0 49,708 SQ. FT. S 23° 34 38 " E — 400.00 ROUTE 522 The above plat is a survey of the land conveyed to Weldon G. Oates and Alice C. Oates Januc-uy 16, 1969 in Deed Book 349 - Page 624. The said land fronts the Eastern side of Route 522 and lies in Gainesboro District, Frederick County, Virginia. Beginning at an iron pin(set) in the Property Line of Route 522 and corner to Ellen B. Barnhart. Thence with Route 522 S 230 39' 38" E - 400.00' to an iron pin(found) corner to John P. Good; Thence with John P. Good and Ellen B. Barnhart N 080 11' 3?" E - 470.93' to an iron pin(set)i Thence continuing with Fallen B. Barnhart S 660 20' 22" W - 248.54, to the point of beginning. Containing - 49,708 Sq. Ft. Surveyed - May 5, 1986 THOMAS A. SHOCKEY BOX 34A MT. FALLS RT. WINCHESTER, VA 22601 APPROVED BY FREDERICK-WINCHESTER HEALTH DEPARTMENT SANITARIAN DATE pPOIdAS A. CKI 1271 4 41vD SUR'400, P.Y : f A -Z November 20, 1986 Mr. Rodney Cowley Route 5, Box 590 Winchester, VA 22601 Dear Mr. Cowley: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of November 12, 1986: Approval of Rezoning Application 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, in the Gainesboro Magisterial District. If you have any questions regarding this rezoning approval, please do not hesitate to contact this office. Sincerely, Robert W. Watkins Planning Director RWW/dll COUNTY of FREDERICK IDepartments of Planning and Building 665 703/6-55-5650 October 22, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Rodnew Cowley Rezoning Request For: Rezoning of 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. 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: 600L� JOHN P. `XARY L . RT ,dINCHESTER, VA. ?2S01 6ARNHART, ELL-N >?. 2390 NORTH QUTVCY STREET ARLINGTON, VA. 22"'07 Rodney Cowley Route 5, Box 590 Winchester, Virginia 22601 Robert W. WaKins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of My commission expires on NOTARY PUBLIC w41�� CO�� COUNTY of FREDERICK w 041 Departments of Planning and Building G(� 703/6-55-5650 I758 October 29, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Rezoning Application Of: Rodney Cowley Rezoning Request For: Rezoning of 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. 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 the attached correspondence was mailed to the following on October 29, 1986 from the Department of Planning and Development, Frederick County, Virginia: 600gv JOHN P. iiAQY I_. PT. 3 .30x >u3 b1iNC:HHEST-R, VA. 2 2 S 0 1 393 NORTH !?�Ti`!CY STR_.:T APLINd -H ;, VA • 22 _,77 aauo j STATE OF VIRGINIA COUNTY OF FREDERICK I, Robert 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 My commission expires on . 1986. APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. bZ/-8`o Submittal Deadline is Application Date 7.- 1;;,/, For the Meeting of fV,,9 `, Fee Paid 1. The applicant is the owner other (check one) 2. OWNER OCCUPANT: (if other than owner) NAME: A2di & NAME: ADDRESS: 4. . .590 ADDRESS: UlinchesE..-cr TELEPHONE: (,& 7 - y(D Sp TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) R4. szz k. 4. The property has a frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property to be rezoned is owned by as evidenced by deed from recorded in deed book no. on page , registry of the County of 6. This property is designated as parcel no. 253 on tax map no. Y2, in the G;-aines6oro Magisterial District. 7. It is desired and requested t at the property be rezoned from A -a to � a. r 8. It is proposed that the property willbeby�e put to// the following use � rO d1 ✓ U � i P H C" P S i 0 l-' i� S _57 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) NAME 1 -John MezlrLi l D (1- 6cocL Add ess: 3 •. 53 2 ,cam Property ID# oan 2. Olen '13 L % n . 'F�c�rribic�rt Address: Property ID# : ' - wo -- - 0000 � _ z)'?/;/ - 3. Address: Property ID# 4. Address: Property ID#: `7 Page Two Rezoning r1nMF 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: I� g Signature of Applicant: Complete Mailing Address:.�tcT Telephone Number: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) DApproval Denial COUNTY ADMIN. (signed) RUN DATE: J6/33/36 FREDERICK COUNTY, VIRGINIA PLANNING S DEVELOPMENT LABEL LIST NA,'lL/ • MAP N0. /ADDRESS - - - - - - - ---- _-- - - - - - I° 42t7+:0—AD3—'.7J:�0—�J+70D—JZ54-0 3000, JOHN 0. r '!ARY L. RT. a 3OX 953 •I6 'WINCHESTER, VA. --- — i7 • I 42000—A00-0000-0003—C255-0 GOOD, JOHN P. F MARY L. I AZT. 3 3OX 963 _— --- — — �TNCHESTER, VA. 601 AL3IN A L B I N 'RO�ERTY D_SCRIPTIOti PAGE LAND IMPROV. ACREAGE ZONE U/C VALUE VALUE —— 10.92 A2 AS 21,800 68.46 A2 A3 92,900 . 226U1 42JJ2—A3.—Ji.30-3222-2244-2 3ARNHART, ELLEN 43. N. F. G9AD= 14.75 42 45 29,�OJ j131 2393 NORTH OUINCY STREET — ARLINGTON, VA. zzz-37 *I •I 420J0-A0J-J3J0-J30J-3254-J GOOD, JOHN P. L `1ARY L. RT. 3 3OX 953 WINCHEST'ER, VA. 423JJ-A0J-J030-900J-C255-C GOOD, JOHN P. F MARY L. RT. S 33X 963 WINCHESTEP, VA. RUN D:T 11'/21/36 ALBIN 22631 ALBIN 22601 FREDE4ICK COUNTY, VI4GINIA PLANNING C DEVELOPMENT LA3EL LIST NAME/ MAP NO. /ADDRESS 420J0-A3J-UJUJ-OJ3J-j244 3ARNHART, ELLEN B. 2393 NORTH OUINCY STREET ARLINGTON, VA. DROPERTY 37-SCRIPTION N. F. GRADE 10.9J A2 AG 68,46 A2 AG 21,800 92,930 PAGE - LAND IMPRUV. ACREAGE ZO'J= U/C VALUE VALUE ------- ---- --- ------------ 14.75 A2 A3 29,503 Page Three Rezoning Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. cr_ a euTLK:a t r.cTf AT LAW TIM. �':RGINIA I,o, rny��.tt- 109 cu _ bo 0 U C: 1/ Zara' L' Da 5-3 --O C, THIS DI:I:D made and 61tcd this A- day of J,,inuary, 1969, by (laid between P1111,11' W. BARNHART and 1;1,1,FN 13. BARNIIAR'r, his wife, p;Irtic.•s of the first part, hcrcin�ifter called the Grantors, and %VI�I.IX)N G. OATE'S 9-lVg3 and ALICE 1C. OATH'S, his wife, parties of the second part, hereinafter called the Grantees. WITN I?SSI ,III: That for and in consideration of the sum of 'Pen ($10.00) [)ollars, cash in hand paid, and other good and valunhle consideratio the rc.•ccipt of which is ickijowledged, the Grantors do hereby grant any convey v, ith general warranty of title unto the Grantees, in fee simple, jointly. as tenants by the entirety, with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assiglis all of that certain unimproved lot or parce of land, situate North of the City of Winchester, Virginia, in Gaineshoro Magisterial I)istrlct,.Frederick County, Virginia, ]},ing and being; situate on the Last side of New Route 522 North, and more particularly described as follows: beginning at a point, a corner to I lylton Property, North 6" 4' E' a distance of 470 feet, more or less, with the said llylton property; thence Sout'. 640 24' W a distance of 240 feet, more or lass, with other land of Philip %V- i3arnhaL-t and Ellen B. Barnhart, to .n point on the East side of the said highwa,, thence South 25' 36" C a distance of 400 feet, more or less, with the Eastern side of the said highway, to the point of hcginning; said tract being triangular in shape and.contnining 48, 000 square feet, more or less. and being'a portion) of a larger tract of land conveyed to the Grantors by deed dated October 19, 1966 from 11. Ray Butler, et al, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 328 at Page 177. Reference is hercby'made to the said deed for a more particular description of the property herein conveyed. — r-1 n ►.tcr.Cr. 6 SUTLER A770-NCY• AT LAW f INCMLavkj<. VIw CIMIA 21401 This conveyance is made subject to all casements, rights of wz and restrictions of record affecting said property. The Grantors covenant that they have the right to convey to the Grantees; that the Grantees shall have quic,t and peaceable possession of said property, frec from all licks and encumbrances; and they will grant further assurances of said title as may be requisite. WITNESS the following signatures and seals: 1'l i11.11� 1�, I�/�1tN11Alt'1' (SL.-A ELT I . ITN 13 . A 1 lUS-lM STATE OF VIRGINIA, OF, -A 'I'O -WIT: I•� ,_A,�It�, �'. ( -y,� ,`, a Notary Public in and for the St and �, aforesa d, do hereby certify that P11I1.1p W. B' ARN11AWr an ELLEN B. ARNHART', his wife, whose namcs are signed to the forcgoinl Deed, bearing date the Lt ,day of January, 1969, have personally appt2are before me and acknowledged the same in my State and `I, , aforesa 1 Given under my hand this `) ---day of January, 1969. My Commission expires -, .�. ,V -jam: J_i VOTARY PUB1.lt VIRGINIA FREDERICIC COUNTY, SCT. Th:s iastramunt of writing was produced to m© on the to _d8 _ y of °t 'S ! -- and with certificito of ac� lost nt thorato annexed wa.; admittod to rocord. And additional takespaid. - Clark M -2-