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Home My WebLink About002-86 Braddock Partnership - Opequon Magestrial District - BackfileCOUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 April 15, 1986 Mr. Richard W. Pifer Braddock Partnership 31 S. Braddock Street Winchester, Virginia 22601 Dear Mr. Pifer: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of April 9, 1986: Approval of Rezoning Application #002-86 of Braddock Partnership to rezone 3.241 acres from B-1 (Business -Limited) to B-2 (Business General) for a strip -type shopping center. This property is designated as Parcel 7-D on Tax Map 74B and is located on Route 277 approximately 1/2 mile east of its intersection with I-81 and the north side of Route 277 in the Opequon Magisterial District. If you have any questions regarding this rezoning, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 Coiirt Snuare P.O. Box 601 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 March 19, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Braddock Partnership Rezoning Application To: Rezone 3.241 acres, located on Route 277 approximately 1/2 mile east of its intersection with I-81 and on the north side of Route 277, from B-1 (Business Limited) to B-2 (Business General) for a strip —type shopping center. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of April 2, 1986 at 7:30 p.m. in the Board of Supervisors' Meeting Room, the Old Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa This is to certify the the attached correspondence was mailed to the following on March 19, 1986 from the Department of Planning and Development, Frederick County, Virginia: HARLO'W, DELA.NO NATHANItL C SHIRLEY RITTER RT. 1 BOX P-47 STEPHENS CITY, VA. WEISBROD, KENNETH F. C KATHLEEN R. 162 KERN CIRCLE STEPHENS CITY, VA. MADIGAN, MARTHA M. S.AN1DY P. 0. BOX 144 STEPHENS CITY, VA. 22655 22655 c Stephens City Investors, Inc. 451 Hungry Food Drive, Suite 200 Rockville, Maryland 20850 COMMONWEALTH Of VIRGINIA BOX 67 RICHMOND, VA. MELCO, INC. 2400 VALLEY AVE. WINCHESTER, VA. WHITACRE, DENNIS R. u MARY J. 262 LIN','OOD COURT STEPHENS CITY, VA. 22655 WAYSON, JOHN R. & LINDA M. 268 LINWOOD COURT STEPHENS CITY, VA. 22655 DAILEY, SIDNEY M. & DI.ANE D. 276 LIN''4001D COURT STEPHENS CITY, VA. 22655 23262 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I,jyl�'p(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 j2jdArj, /gC Q9 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of "/,L 31 1986. My commission expires on l ly GRO`1LING, THOMAS A. S SHARON F 15 HIGHLANDER ROAD STEPHENS CITY, VA. 226S5 Mr. Richard W. Pifer 31 S. Braddock Street Winchester, Virginia 22601 Herring Electric Trust 2869 B Towerview Road Herndon, Virginia 22070 R COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 March 25, 1986 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Braddock Partnership Rezoning Application To: Rezone 3.241 acres, located on Route 277 approximately 1/2 mile east of its intersection with I-81 and on the north side of Route 277, from B-1 (Business Limited) to B-2 (Business General) for a strip —type shopping center. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of April 9, 1986 at 7:30 p.m. in the Board of Supervisors' Meeting Room, the Old Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 This is to certify the the attached correspondence was mailed to the following on "`March 26, 1986 from the Department of Planning and Development, Frederick County, Virginia: HARLOW, DELANO NATHANIEL MELCO, INC. & SHIRLEY RITTER 2400 VALLEY AVE. Rr. 1 BOX P-47 WINCHESTER, VA. STEPHENS CITY, VA. 2 2 6 U 1 22655 WEISBROD, KENNETH F. WHITACRE DENNIS R. & VARY J. KATHLEEN R. 262 LIN'WOOD COURT 162 KERN CIRCLE STEPHENS CITY, VA. STEPHENS CITY, VA. 22655 �2655 MADIGAN, MARTHA tt=i. SANDY WAYSON, jU'IAN R. IS LINDA M. P. 0. BOX 144 268 LIN•r;00D COURT STEPHENS CITY, VA. STEPHENS CITY, VA. 2L655 22655 COMMONWEALTH OF VIRSI!`.IA DAILEY, SIDNEY M. & DIANE D. BOX 67 276 LINWOOD COURT RICHMOND, VA. STEPHENS CITY, VA. 23282 22655 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of NOTARY PUBLIC GROMLING, iHOMAS A. & SHAR.ON E 15 HIGHLANDER ROAD STEPHENS CITY, VA. 22655 Stephens City Investors, Inc. 451 Hungry Food Drive, Suite 200 Rockville, Maryland 20850 Mr. Richard W. Pifer 31 S. Braddock Street Winchester, Virginia 22601 Herring Electric Trust 2869-B Towerview Road Herndon, Virginia 22070 REZONING REQUEST #002-86 Braddock Partnership 3.241 acres zoned B-1 (Business Limited) to be rezoned to B-2 (Business General) LOCATION: Route 277 approximately 1/2 mile east of its intersection with I-81 and on the north side of Route 277. MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: Dwellings zoned RP (Residential Performance) and automobile junkyard zoned B-1 PROPOSED USE AND IMPROVEMENTS: Strip -type shopping center REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to rezoning. However, it must be understood that site plans are required prior to obtaining a permit for the entrance ways. A commercial entrance permit must be applied for and approved prior to starting a business. Sanitation Authority - Sewer service is available, but lines will have to be extended to the site. Stephens City Fire Company - No objections. Inspections Department - Proposed construction to be designed and built in compliance with the Virginia Uniform Statewide Building Code and applicable referenced standards. Planning and Zoning 1) COMPREHENSIVE PLAN AND GENERAL DEVELOPMENT PATTERNS The Frederick County Comprehensive Plan designates this area for urban development. The site is located on an arterial highway in an area where substantial commercial development has been occurring. In general, the staff has recommended that more intensive commercial uses serving broader markets be located at this interchange area along the arterial Route 277 and that neighborhood B-1 areas be located along the residential collector street, Route 647. Page 2 Braddock Partnership 2) IMPACTS ON SURROUNDING PROPERTIES The property in question adjoins several residential properties. The B-1 Zone is normally preferrable directly adjacent to residential areas because of the wide range of uses allowed in the B-2 District, some of which would not be suitable adjacent to a residential area. In addition, the B-1 District has screening requirements, while the B-2 District does not. However, all vegetation and topsoil has been removed from the site, and in its current condition, the site has a negative impact on the area. The existing topography of the site would provide some natural screening in relation to two of the adjoining properties. 3) SITE PLANNING Sufficient space is available and the site is suitable to meet the site planning requirements of the ordinance. The rezoning could increase the traffic generated by the site, but access is on an arterial in the vicinity of a signalized intersection. STAFF RECOMMENDATION: Approval, based on the following reasons: 1) The site is located in an urban, commercial area at a location appropriate to serve broader markets. 2) Development of B-2 uses will represent an improvement of the site in relation to surrounding uses. PLANNING COMMISSION RECOMMENDATIONS: Unanimous Approval /UNING'�', MAPS. PP io-s-ss�, oc I f �V� R T 74 A �• Q` �°c OO�L � ' N OF ?HENS 00 gZ ' WAAfAN t 139 I%FrA%V� mlll� -- APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 0(% - % Application Dated R(� Fee Paid m ao Submittal Deadline is For the Meeting of 1. The applicant is the owner other X (check one) 2. OWNER Herring Electric Trust OCCUPANT: ( if other than owner) NAME: 2869 B Towerview Road NAME • Braddock Partnership ADDRESS : ern on, r,a�> �� 6 ADDRESS: 31 9_ Rra(l(Inck S r _ .t Winchester, VA 22601 TELEPHONE: 703-478-0270 TELEPHONE: 703-662-2300 3. The property sought to be rezoned is located at (please give exact directions) On Route 277 approximately 1/2 mile east of its intersection with I-81 and on the North side ot Route . 4. The property has a frontage of 525.48 feet and a depth of 307.04 feet and consists of 3.241 acres. (Please be exact) ,, 5. The property to be rezoned is owned by Herring Electric Trust as evidenced by deed from Stephens City Investors recorded in deed book no. 502 on page 84 , registry of the County of Frederick 6. This property is designated as parcel no. 7-D on tax map no. 74B ' in the Opequon Magisterial District. 7. It is des ired and requested that the property be rezoned from B-1 to B-2 8. It is proposed that the property will be put to the following use Small strip type shopping center 9. It is proposed that the following buildings will be constructed 2-10,000 Square root individual retail store, bank, office -type spaces in one structure. 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. NAME 1. Address: Harlow, Rt. 1 Box P 47 Stephens City, VA 22655 Deland and Shirley Property74B D#-7-47 gZ11300--007-- 00,00-000R,-D0y7-0 2. Weisbrod Address: 1rn Circle, Stephens City, VA 22655 Kenneth & Kathleen Pr 4B-7 48 I,D# :�LI6OO - 00 - � c� - 000 � -r�0��"" O 3. Madigan, rbtha Address: P.O. Box 144 Stephens CitV, VA 22655 Property ID# 85-A-151 85000 -- A 00 - 0000 -0000 - d 5 1- 0 1 4. Address: Stephens City 451 Huncfry Food Drive Suite 200 Rockville MD 20850 Investors, Inc. Property 74B-7-D ID# : `Jy,Rex) - oo-7 -• C)oa0 -- (ID O,�) - ,)n .)C) Page Two Reyorg NAME 5. Address: Virginia Dept. of Stephens City, VA 22655 Highways Property ID# : 86-A-1- 6. Address: Melco Inc. 2400 Valley Avenue Winchester, VA 22601 Property ID#: 85B-2-1 %? 13- 7.. Address: Whitacre 262 Linwood Court Stephens City, VA 22655 Dennis and Mary Property ID# : 8B-2-2 q ,5 Boc) - ov-2 - (Duc)o -- C)ov 1 - 0 oo a- - u 8. Address: Wayson, John & Linda 268 Linwood Court Stephens City, VA 22655 Property ID#: 8513-2-3 9. Address: Dailey, 276 Linwood Court Sidney and Diane Property ID# : 85B-2-4 , S3m - uc)D -CC)(- - 0 1 - 0Q)044 - CD 10. Address: Gromling, P.O. Box 358 Stephens Citv, Va 22655 Thomas and Sharon Property I D#: 8 5B-1-A S, `j ZcO CC) O U00 •-- OC(D Vk - O W 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: See Attached Contract Signature of Applicant: Complete Mailing Address: 31 S. Braddock Street Telephone Number: Winchester, VA 22601 703-662-2300 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF t a (date) °'//,- y l 1p Approval Denial COUNTY ADMIN. (signed) 846 1 j BOOK 502 846 /// •. is � 70 �lo•J I�.a �b+niw•I t+:; ` N J3• !t'!/~! �1L It' Al1HRA'rR�! W, . IL lrghnp to' ,rroro oro,nVe *V#~n/ f roTAoL&38ACRES 1.178 . � V. a p�nol ✓�niron /m� --y i t50 Ji I/, W �z i \ T• A7 • A:'/I'! - 0. /I' '/ •'r RENA/Nme PORrgY 0✓ • 47 r J. 579 ACRES a 0. B 407, P Ili • 1 r: rAw O.JJI ACN[! /ucr is r0 or rAA'!N /ROAI !.!7! ocREs TRACT, 00 40r, A 4/I, AND Of JO/N!D ro AAC •Ecow APNRr Or rN! O.*so Acmrs rRAtr, D.s. I.lt, I. / , AAV &rCcwf 1\ A /.I71 ACR[t MACr. O \ Plat Revision Approved: r 0. Renalds, III Subdivision Administrator rc. z y 40 • \pia • •O � yos;• o+/ JpD s 060 v N Lye -7 \` 60yIPO #EW D/Y/J/ON L/Ar! Of COMM£R//GAL 'D SEMOV =- PLYMV OWN ESTATES oprovom cis rRK'r,!Am£MCA' CAVA7r Y/RCOV/A AVY[YKR/J,/!ly_ $CAL! /•,,a0• P/drPAH£0 BY 4WINWAY £NG/M£ERVvG AW SWVEYh%C CV,, INC. P 0.B:XW W/NCNE$TER, WRGAWA ✓.RGIN1A FREDZA1CLC CJJ.iry, scr. This instrument of riting was produced to me on the 091;?& .. day of G� 19 , at fa:y� p,,, and with certificate of acknowledgment thereto annexe— d as admitted to record. Tax imposed by Sec. 58.54.1 of $�� .__ , and 58-54 have been paid, if assessable, }1, _ _ • /�� (,�( Clerk, i f COUNTY of FREDERICKth P.O—Box 601 - 9 Court Square •� �V "7 "'' Winchester, Virginia 22601 -n� cli N CJ 4 ti' O COMMONMEALTH OF VIRGINI t30X b7 RICHMOND, VA. Q:• .. COUNTY ofF02DERICK P.O. BoxbO\ '0Court Square Winchester, Virginia 22601 \ \ PLEASE NOTE CHANGE OF ADD r/ ---�r'^~^^~ ~^^y ^^`"e= Inc' "�51 Hungry Food , ?oitm 200 HBH�51 1421SH51 U3/21/ /�» NOTIFY SENDER OF NEH AD 900 HUNCERFORD DRIVE'#200 ��~ t3- X / c)O ROCKVILLE MD 2UB50-1728 22 74B00-007-0000-0002-0047-0 HARLOW, DELANO NATHANIEL PLYMN OWENS ESTATES L47 S7 3 SHIRLEY RITTER 124, RT. 1 BOX P-47 R STEPHENS CITY, VA. -- - - -- S 22655 OWENS ESTATES L48 S2 RP RS = 74800-001-0000-0002-0048-0 WEISBROD, KENNETH F. PLYMN E KATHLEEN R. 162 KERN CIRCLE / STEPHENS CITY, VA. 22655 85000-A00-0000-0000-0151-0 MADIGAN, MARTHA M. SANDY S. CITY .14 82 AG P O BOX 144 _ STEPHENS CITY, VA. 22655 - - - - - # NO NAME ON FILE# 860CT0-A00-13000-0000-OOU1-0 CO-r--0E-VIRGiNIA-- ae� BOX 67 RICHMOND, VA. 23282 85BOU-002-UOOO-000I-000I-0 MELCO, INC. RIDGEFIELD L1 S1 2400 VALLEY AVE. - 22601 85800-UO2-0000-0001-00U2-0 WHITACRE, UENNIS R. E MARY J. RIDGEFIELD L2 SI 262 LINWOOD COURT STEPHENS CITY, VA. 22655 �5d0U=�702-U0o0�0u01-0003=D WAYSON, JOHN R. E LINDA M. RID6tFItLD L3 S1 268 LINWOOD COURT STEPHENS CITY, VA. 22655 8. 1 3 31 IN RP RS RP AG RN RS 85dOU-002-0000-0001-0004-0 DAILEY, SIDNEY M. C DI.ANE D. RIDGEFIELD L4 S1 RP RS 276 LINWOOD COURT y — --S T E P H E N S C I T Y , V--- — _- —------- ----- -- --- -- — ---- -- - 0 22655 65B0U-001-U000-0000-00UA-0 GROMLING, THOMAS A. E SHARON E THE MEAUOWS LA -COMMERCIAL 15 HIGHLANOER ROAD • STEPHENS CITY, VA. 27655 RP CM 12,000 12,000 3Z,500 8,000 49,80U 58,800 6U,500 64,500 4b,300 31,400 3U,200 39,400 4Z,000 0 COUNTY of FREDERICK Department of Planning and Development P REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen N1. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Highways & Transportation Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 FROM: John T. P. Horne, Planning Director DATE: Feb 25, 1986 SUBJECT: Review Comments for Conditional Use Permit X Rezoning Subdivision Site Plan Please review this request for a rezoning of a 3.25 acre parcel located at d west of Sandy's truck sales & on the Proposed building and improvements: north side of 2 Gma1 1 stri-p sh=ni ng center • This comment sheet must be returned to the or the applicant, by March 3, 1986 for the meeting of Z= ri 1 2, 198C • VDH&T Comments: No objection to rezoning, however, a Commercial Entrance Permit must be applied for and approved prior to starting a business.. VDH&T Signature: 21D, ,711 141. Date: Applicant's Name: Car -bridge Cornoration Address: 31 S. Braddock St. Winchester, Va 22601 A71N: PIM RD D=R Phone Number: 703-662-2300 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 Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 M E M O R A N D U M TO: Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Inspections Department , ATTN: Mr. John W. Dennison - Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: March 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Braddock Partnershi - or their representative, Richard W. Pifer 662-2300 Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: arm, W WAR lu Signature Date w 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 00-1 -<.h Application ate O g(p Fee Paid 9/03.oy I I Submittal Deadline is For the Meeting of 1. The applicant is the owner other X (check one) 2. OWNER Herring Electric Trust OCCUPANT: (if other than owner) NAME: 2869 B Towerview Road NAME: Braddock Partnership ADDRESS: ern on, ADDRESS: tl S. Braddock Street Winchester. VA 22601 TELEPHONE: 703-478-0270 TELEPHONE: 703-662-2300 3. The property sought to be rezoned is located at (please give exact directions) On Route 277 approximately 1/2 mile east of its intersection with I-81. and on the North side ot Route 4. The property has a frontage of 525.48 feet and a depth of 307.04 feet and consists of 3.241 acres. (Please be exact) 5. The property to be rezoned is owned by Herring Electric Trust as evidenced by deed from Stephens City Investors recorded in deed book no. 502 on page 84 , registry of the County of Frederick 6. This property is designated as parcel no. 7-D on tax map no. 74B ' in the Onequon Magisterial District. 7. It is desired and requested that the property be rezoned from B-1 to B-2 8. It is proposed that the property will be put to the following use Small strip type shopping center 9. It is proposed that the following buildings will be constructed 2-10,000 Square Foot individual retail store, bank, office -type spaces in one structure. 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. NAMF. 1. Address: Harlow, Rt. 1 Box P 47 Stephens City, VA 22655 Deland and Shirlev Property ID#: 74-B -7-47 1IZI800--007-OODC9 .000,2-OD47-0 2. Weisbrod A162 Kern Circle, Stephens City, VA 22655 Kenneth & Kathleen p op rtY ID#: 4Ii-�1-48 1'113 "O - 04'7r�C��/// ); G - - - - d-�-66 Y _0 3. Madigan, Martha Address: P.O. hens City, VA 22655 Property ID# -A- 000 - P 00 0000 -0000 - 0 151 - 0 4. Address: Stephens City 451 Hungry Food Drive Suite 200 Rockville MD 20850 Investors, Inc. P operty ID# : Page Two Rezoning NAME 5. Address: Virginia Dept. of Stephens City, VA 22655 Higtavays Property ID# : 86-A-1 SG;C:C, - RC'c: -c' cr c - c - r` .r 6. Address: Melco Inc. 2400 Valley Avenue Winchester, VA 22601 Property ID#: 85B-2-1 Cr, nc 1 - C'(;cx-: C,Cc 7. Address: Whitacre 262 Linwood Court Stephens City, VA 22655 Dennis and Mary Property ID#: 8B-2-2 <ZS j3c'C' - Cc') - , 'e ec. C.C:C I - c' C,C: 1 - ( 8. Address: Wayson, John & Linda 268 Linwood Court Stephens City, VA 22655 Property ID#: 85B-2-3 `SRc - 1 - cc-c' - 9. Address: Dailey, 276 Linwood Court Sidney and Diane Property ID# : 8513-2-4 q,5 c - ,' c, I -cc. cC - Cc C,14- C 10. Address: Growling, P.O. Box 358 Stephens Citv, Va 22655 Thomas and Sharon Property ID# : I 85B-1-A �pcC - r c i CC'CC -CCC A - C 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: See Attached Contract Signature of Applicant: 4 1.al Complete Mailing Address: 31 S. Braddock Street Winchester, VP. 22601 Telephone Number: 703-662-2300 For Of ice Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval = Denial COUNTY ADMIN. (signed) t \ BOOK 502. PKE 846 �'.. t �[,Nnnl l0' .,rhr. Orrrwry. 1 Nnr.I It7TAL ACRES /./7S � \ offs ACA • Of ill, a I... r .Y � .\ b• A•v•a Ar.Nbrr /r i \ O.11l ICU[7 II• \ f !!'lr Rim I► JN.Nf JJ • � �� AtrA/M/NO lgl7LDN O/ 1\. Il LCOV 1", O.J Aw. I IR •a i \ /O.lJI AGq r16617 tl M It lIA'tN f . po" A$7J ALRes lAAcr, JJ IOI, I. 1/J, •• ANO At 00/NtO TO AND K[oA1r Apw*r or �I O.05* ACRJJ reAer, O.JL Alt, A / , AND KCL1Y! A IjrO ACNIJ MAC;. \ a V Plat Revision Approvedi .36 �.• O. Renalds, ZII Subdivision Administrator I ]._12q-j �} 6a+1°►� oor rDr CL7MMER/GAL SECT/QV SS_ PLYYV OWEA1 ESUr" LMEOLv# 0$ Mcr, rvwr*ocR ua/Nrr r/" " M7Ylrf[N /J,d7J. $G4t /',&V \ ' L •' ,'�• •1 i 1 �f �•. NTANCD sY OftLNWr fNO/NfImvG ALs A~rrwc LV //MC/rf MR, gRrM*A ✓.R-INIA FREDZ-ILCd CJJ.iry, ocrr. Tula instrument of ruing was produced to me on the day of �eci , 19 OS - and with certificate of acknowledgment th, annex- ed w s admitted to record. Tax imposed by Sec. 58-j4.1 of $ / /. SO J-,�- and 5d 54 have been paid, if assessable. ' r t ('�/( Clerk. r` COUNTY of FREDERICK Department of Planning and Development ®� REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 1758 703/662-4532 Mr. William H. Bushman Local Office: Resident Engineer L A. Dept. of Highways & Transportation Commerce Street 1986 0. Box 278 Winchester, VA. 22601 :FEB inburg, Virginia 22824-0278 (703) 662-8876 0 3) 9 8 4- 41 3 3 'DEPT. OF PLANNING AND DEVELOPMENT �O l�! FROM: ��\` ohn T. P. Horne, Planning Director DATE: Feb 25, 1986 SUBJECT: ev iew Comm-tients L0r Conditional Use Permnit -A ieZoning Subdivision Site Plan Please review this request for a rezoning of a 3.25 acre parcel located at re and west of Sandy's truck sales & on the Proposed building and improvements: north side of 277, _ma 1 1 ei-ri 12 shun= i ng center This comment sheet must be returned to the F-ee-ic}�-�o-tx--Degatent s-P3-arrarrg--aef3--i3eae-lc�per�t, or the applicant, by march 3, 1986 _ for the meeting of ri1 2, 1986 VDH&T Comments: No objection to rezoning, however, a Commercial Entrance Permit must be applied for and approved prior to starting a. business.. VDH&T Signature: _��,/�J/��Liv�i��, Date: Applicant's Name: Cambridge Corporation Address: 31 S. Braddock St. 1^7inchester, Va 22601 ATTN. RICH7LRD PIFER Phone Number: 703-662-2300 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 Square P.O. Box 601 Winchester, Virginia 22601 ILf-��'�� COUNTY of FREDERICK y� '''��►l� 798 rV DEpr. AND De V Dt M�NTr � TO: Health Department Department of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 M E M O R A N D U M , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. VA. Dept. of Highways & Transportation , ATTN: Mr.'William H. Bushman Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department ATTN: Mr. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: March 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit X Rezoning We are reviewing the enclosed request by Braddock Partnershi or their representative, Richard W. Pifer 662-2300 Subdivision Site Plan Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to rezoning. However, it must be understood that site plans be required prior to obtaining a permit for the entrance ways. Signature & Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 M E M O R A N D U M I-I1i19 Health Department , ATTN: Mr. Herbert L. Sluder Stephens City Fire Company , ATTN: Mr. Frank W. Welch, Jr. VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: March 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit X Rezoning We are reviewing the enclosed request by Braddock Partnershi or their representative, Richard W. Pifer 662-2300 Subdivision Site Plan Will you please review the attached and return your comments to me as soon as possible. Signatu 9 Court S�,____ _ Date Winchester, Virginia - 22601 COUNTY of FREDERICK A- OP Robert W. Watkins - Planning Director Health Department ACIN: Mr. Herbert L. 3lu6er Stephens City FireCompany A%T0: Mr. Frank W. Welch, Jr. VADept. f Highways 6 Transportation , 8II0; Mr. William H. Bushman Inspections Department , AITN: Mr. John W. Dennison Planning Department , AIT0: Mr. Robert R. Watkins Zoning Department , ATTN: 0r. Robert W. Watkins FROM: Robert W. Watkins, Director DATE: March 14, 1986 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Braddock Partnership or their representative, Richard W. Pifer 662-2300 Will you please review the attached and return your comments to me as oomu as possible. ------------------ ---------- ------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 91— Gigoatu Date 9Court Square - P.O. Box 601 - Winchester, Virginia- 22601 i'ns3S,fi...t3Y.r�3G{+�3�'+"x'K; yu«N%'•L'Y��:rt2'is�.�fi APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. 00-1-60 Application ate 0 g(p Fee Paid �/0,3j.pa 1. The applicant is the owner Submittal Deadline is For the Meeting of other X (check one) 2. OWNER Herring Electric Trust OCCUPANT: (if other than owner) NAME: 2869 B Towerview Road NAME: Braddock Partnership ADDRESS: ernon, VA ADDRESS: 31 S_ Braddock Street _ Winchester. VA 22601 TELEPHONE: 703-478-0270 TELEPHONE: 703-662-2300 3. The property sought to be rezoned is located at (please give exact directions) On Route277 approximately 1/2 mile east of its intersection with I-81 and on tfie�o 1-i_ si e ot Route 211. 4. The property has a frontage of 525.48 feet and a depth of 307.04 feet and consists of 3.241 acres. (Please be exact) 5. The property to be rezoned is owned by Herring Electric Trust as evidenced by deed from Stephens City Investors recorded in deed book no. 502 on page 84 , registry of the County of Frederick 6. This property is designated as parcel no. 7-D on tax map no. 74B ' in the Onequon Magisterial District. 7. It is desired and requested that the property be rezoned from B-1 to B-2 8. It is proposed that the property will be put to the following use Small strip type shopping center 9. It is proposed that.the following buildings will be constructed 2-10,000 Square Foot individual retail store, bank, office -type spaces in one structure. 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. NAME 1. Address: Harlow, Rt. 1 Box P 47 Stephens City, VA 22655 Deland and Shirley Property ID# : 74-B -7-47 17ZI'300-007-0D00.006Z-0D47-0 2. Weisbrod Address: 162 Kern Circle, Stephens City, VA 22655 Kenneth & Kathleen pQp4y ID#:yj��4/ �- -= 7 )-'-Q)6^ C-0 - QQ � 3• Madigan, Martha Address: P O Stephens City, VA 22655 Property ID# S-A- 8 000 - CC) -0000 --0000 - D 151- 0 4. Address: Stephens City 451Hungry Food Drive Suite 200 Rockville MD 20850 Investors, Inc. Property 74B-7-D ID#: %y 1 - :C'7 - �'�'t: :.• ,`��;�i..��:,r - -r,� 'fir,,: .�';r.' ,.. Page Two -�k:<' Rezoning NAME 5. Address: Virginia Dept. of Stephens City, VA 22655 Highways Property ID#: 86-A-1 S2G C�i�( - /h c;n-�c:r'- c c , - - cr - 6. Address: 14elco Inc. 2400 Valley Avenue Winchester, VA 22601 Property ID#: 85B-2-1 7. Address: Whitacre 262 Linwood Court Stephens City, VA 22655 Dennis and Mary Property ID#: 8B-2-2 1-1 1 BC;C> '- Oe') - (DOOC) - 000 1 8. Address: Wayson, John & Linda 268 Linwood Court Stephens City, VA 22655 Property ID#: 85B-2-3 S R,Cc '- 1 - Gc C. - - - 9. Address: Dailey, 276 Linwood Court Sidney and Diane Property ID# : 85B-2-4 1 , - �.0'1 -cC :c. - c Cc 1 - C.�cL - C7 10. Address: Gromling, P.O. Box 358 Stephens City, Va 22655 Thomas and Sharon Property ID#: 85B-1-A , -7,i3CC - � , c, l -` CC - C cC(D --cCC. 14 - O 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: See Attached Contract �' i., Signature of Applicant: �3 Complete Mailing Address: 31 S. Braddock Street Telephone Number: Winchester, VA 22601 703=662-2300 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval a Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) DApproval = Denial COUNTY ADMIN. (signed) -'�f<�:.: �'. -t.. �L.:tTi�>y,•s.'r;!i;ti,:r ;'f;�F,-, f''�\.(�r?�z-I 'I. �: � 1 BOOK 502. mE 846 W"WRIVIL 'I' ... \ . f JS ::w'.y.. ";/::.L.,-'-}[[V•;. �.si.eo��.�+J 1;\ t.:7. \ t t0 .Iwo ..r.r ..w..w•Y V., �tf'!/w£ r.nRRnO IO' rrPofl ✓ e. w+.r_•.•, MAL ACRES 1.178 :S e,'�;--.i:i r2'' :ar>> �':, _ ' �';n,• t. • E-`1,a \ o.. 4 ACA I49 a /. {L ti,V\1 r R£MA/N/NB PoRr[W Or ' %. 4PCCWMERICAL 'ID' . \. . -j 5.579 ACRES t:. • fix"r AB ICV, P Inf . - �..• rAlf O.11l ACRCf rAjCr Lr r0 fr rAR[N \t ' rROM J.STI ACR£J rRKr, 0.0 \ , '• AND Of ,lO/N£D r0 AA0 /EMW APA#r OX rNr 1� 0./58 ACR£7 rRACr, D.R lJr, R / , AM7 /rCCWr ::�+•:i'k."rfifer:*;i%<X�::=�'=-:*�%'^.�arv�ti?`tgiK n:ti �:'. I/ �. Plat Revision Approved: \ 0,��, i\ w ,' I,AND I #AN O. Renalds, III �7<g5f?g �y �A subdivision Administrator �7 21-1 } t "'LlpA Of COMMERICAL RD / SECr/QY =- PLYMV MAW i • . � I . , • OM£H 1! 0, rovom trorR/Cr,niaxRYCK ctvNrr . 9•l l/ J.(>/Ili'! - AVWMfrR I$,W&- SCALf /••,q0• . �C.� a /. \ 11 ' ` J.]• , figrq'W Y [NGINFERf Kr ANB SCWVry^,a CV., /AC. P O. B7X 666 "d ✓+RCtNIA FRSD-'.tlCX c,)uarY :,-.•�..:,:', s:`:::;..: T1Ll8 instrument of ruing was produced to me on the and with c 19 7�_, at U- S p= and certificate o! acknowledgment thereto annexed was admitted to record. Tax imposed by Sec. 58-d4,1 of 58-54 have been paid, if assessable, ' t _ Clerk. , mac:{?'•�«, .;p-.?�!'i_{_i ,�' _ r+.":'l i_.•,-,'-� TREASURER'S OFFICE COUNTY OF FREDERICK P. O. Box 225 WINCHESTER, VIRGFINIA 22601 DORO'rHY B. KEOgLEY, TREASURER February 28, 1956 PHONE 662-6611 SEC EIVED Fd 2 TO WHOM IT MAY CONCERN All taxes on Real Estate known as Plym Owens Est. Pt, Comm. U S2 containing 3.24 acres located in the Opequon District of Frederick County, Virginia, are pair' in full through the year 1935. Do-r Keckl ey Treasurer, Frederick Co, 84.5 A718 RALPH L. HERRING ET AL " TO .. DEED STEPHENS CITY INVESTORS. - .. �- -x- -x- �- -x--x- �--� -x- -� -� �- -x� -x- -x- �- -x--� -x- �- � -�.� -x� �- -x- -x- �- • �• . II 3243 BMB:dhc. 12-7-78 ®1 MCKSE AND BUTLER ATTOXXXTO AT LAM wMeux.".. VA. Rt001 It •OYTH OAMtNON STllt{T t'. BOCK 502, NICE 843 THIS DEED made and dated this 7th day of December, 1978, by and between RALPH L. HERRING arid RUTH V. HERRING, TRUSTEES, HERRING ELECTRIC COMPANY, INC. PROFIT-SHARING RETIREMENT TRUST, party of the first part, hereinafter called the Grantor, and STEPHENS CITY INVESTORS, a Limited Partnership, party of the second part, hereinafter called the Grantee. WHEREAS, Ralph L. Herring and Ruth V. Herring were given the power to sell certain real estate owned by the Trust under th terms of Article II(1) of a certain Agreement, dated December 12, 1972 by and between Herring Electric Company, Inc., a Virginia Corporation, and Ralph L. Herring and Ruth V. Herring, Trustees; and; WHEREAS, it is the desire of the Grantor to convey the real estate hereinafter described to the Grantee herein. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valu- able consideration, the receipt of which is hereby acknowledged, ,the Grantor does hereby grant, bargain, sell, and convey with general warranty of title unto the Grantee, its successors and assigns, the following described property: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, con- taining 0.338 Acre and more particularly described by survey draw by H. Bruce Edens, C. L. S.; dated November 13, 1978, attached hereto and by this reference made a part.hereof as if set out in full; and being a portion of the same land conveyed to the Granto ,a herein by -deed dated April 16, 1973, from Robert K. Stickley, unmarried, et al, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 407 at Page 416. Reference is made to the aforesaid survey and deed for a more particular description of the property herein conveyed. -I- 84-4;n....,....._.._ . t BOOK 502 PAGE 8 41 The land herein conveyed is to be joined with the 0.838 Acre heretofore convoyed by the Grantor to the Grantee and shall form one single tract containing 1.178 Acres, all of which is shown on.the aforesaid attached plat, and the Grantee hereby join in the execution of this deed for the purpose of agreeing to the consolidation of said tracts. This conveyance is made subject'to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens ani encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: HERRING ELECTRIC COMPANY, INC. PROFIT-SHARING RETIREMENT TRUST BY ' / t / c (SEAL) RALPH L. HE R G, TRUS-T.,Er,, By CA=Z c'J (SEAL) R V. HERRING, TRUST STEPIIENS CITY INV STORS EAL) GLEN J. K 'PEN' K, JR. GENERAL ARTNER STATE OF VIRGINIA, OF , TO -WIT: i i I► a Notary Public in and for the State and U aforesaid, do hereby certify that RALPH j: L. HERRING and RUTH V. HERRING, TRUSTEES, HERRING ELECTRIC.COMPANY, INC.'PROFIT-SHARING RETIREMENT TRUST, whose names are signed to the,foregoing D•qe, dated December 7, 1978, have personally appeare before me and acknowledged the.same in my State and aforesaid. i • I -2- .845 F eoox 502 FAu 845 Given under my hand this o70p'day of , 1978. My Commission expires f � f NOTARY BLIC MARYLAND � J, STATE OF X12MU= f< •c .i, COUNTY OF MONTGOMERY , TO -WIT: I, Belva M. Rose a Notary Public in and fox the State and County aforesaid, do hereby certify that GLEN J. KOEPENICK, JR., GENERAL PARTNER of STEPHENS CITY INVESTORS, whose name•is signed to the foregoing Deed dated December 7, 1978, has personally appeared before me and acknowledged the same in my •Styeand County aforesaid. Given under my hand this 13th day of December , 1978. `_) My Commission expires _ J.jv 1 1982 l.. C' NOTARY PUBLIC (Belva M. Rose) wi =I DAB COMMERCIAL REALTY INC. 23C8e R WINCHESTER, VIRGINIA 22601 0111W Ormtrart made and dated this 20th day of February , 1986by and between Herring Eldctric Trust , (hereinafter referred to as the Seller) and Cambridge Corporation, Richard W. Pifer President , (hercinifter referred to as the Buyer) and .dab Commercial Realty, Inc., herein- referred to as Agent WITNESSETH, that for and in consideration of ---------Dollars ( ) by (tQoteheck) receipt of which is hereby aekno PROrice, Seller agrees to sell AMOycragrecs to buy through agent at a total purchase price of _--- Dollars ) payable as hereafter set forth, the followin scn cc irig o supplied by Seller as fo Remaining portion of commercial "D" Section II Plynm Owens Estates containing 3.241 acres, more or_ less, as recorded in Deed Book 502, at Page 846. PROPOSED DATE OF CLOSING AND SETTLEMENT ARE AS FOLLOWS: Thirty (30) days from zoning approval;,but in No case later than June 30, 1986. Seller agrees to convey the above property by ten'ber to Buyer, at Agent's office, not later than the closing and settlement date, of a general warranty deed and with good record title (but subject to any easement, rights of way, or restrictive covenants now of record) with the following exceptions, If any: REFER TO ATTACHED ADDENDUM TO THIS SALES CONTRACT. This property is sold rice of encumbrance unless herein otherwise specified. If the buyer notifies seller of any objection, not excepted above, to -the record title of said property as the result of title examination by a qualified title examiner, Buyer shall have the option of declaring the sale off and receive a refund of said deposit, unless the defects are of such character as to be readily remedied, but the seller and agent are hereby expressly released from all liability for damages by reason of any defect in the title. In case steps are necessary to cure such defects in title, such action must be taken by the Seller promptly and, if necessary, closing and settlement date shall be postponed accordingly. If such defect cannot be cured within a reasonable time, then the sale shall be declared off and said deposit shall be refunded to Buyer. If either F.H.A. or V:A. financing Is Involved in this transaction, one of the paragraphs on the reverse hereof shall be a part of this Contract of Purchase if such paragraph has been executed by both Purchaser and Seller. If anySeller agrees to pay costs of the deed to said property, all necessary taxes on deed and costs of curing the aforesaid defects in title, Examinatlon of title and all recording charges, Including those for purchase money trust, if any, are to be at the cost of the purchaser however, that if upon examination, the title should be found defective and unremedial, the seller hereby agrees to pay the cost of the examination of the title, This Contract of Purchase shall be construed, interperated, and applied according to the law of the State of Virgnia and shall be binding upon and shall Inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. Real estate taxes, water and sewer charges, insurance, rents and interest shall be adjusted prorata between Buyer and Seller as of the closing and settlement date. • All risk of loss or damage to the property by fire, windstorm, casualty, or other cause is assumed by Seller until the date of settlement. In the event Buyer defaults with the terms of this contract on the closing and/or settlement date, he shall, in addition to being subject to his other legal liabilities, forfeit the aforesaid deposit tothe Seller. This Contract of Purchase constitutes the entire agreement among the parties and may not be. modified or changed except by written Instrument executed by all of the parties, Including Agent. Purchaser represents that an Inspection satisfactory to Purchaser has been made of the property, and Purchaser agrees to accept the property in its present condition except as may be otherwise provided herein. If survey is required all costs involved will be at the expense of the purchaser Buyer shall be entitled to possession on settlement date Seller agrees to pay to Agent in cash for his services a commissi q 88 %on the sale price of the above realty, but if de.' f ult,1s set forth above, be made by Buyer then Seller agrees tq pay to/agent o ,tit of the shove deposit a commission of _5U per cent Raid coV, on on sales price to be divided equally between selling and listing agencies at l tlWill the following signatures and seals to this Contract executed in triplicate, each party holding a copy thereof, e osi- the day and year first above written. We, the undersigned, hereby ratify, accept and agree to the ove memorandum of sale and ack• nowledge it to be our c ntra r 21t3��G (SEAL) �EAL) e: ri .g ectric Trust, a pn Seuer on ge o rate uycr Herring Trustee (SEAL) Richard W. -er, President Seller (SEAL) , Buyer (SEAL) (SEAL) Seller Ys inc. Agent Grahan L. Nelson, Sr. ADDENDUM TO SALES AGREEMENT In reference to Sales Contract between Cambridge Corporation Richard W. Pifer, President , the Buyer, and Herring Electric Trust the Seller, dated February 20, 1985 , covering the real property commonly known as Remaining portion of Commercial "D" Section II Plymn Owens Estates containing 3.241 acres, more or less, as recorded in Deed Book 502 at Page 846, the undersigned Buyer and Seller'hereby agree -to the following: 1 - Sale is subject to Purchaser obtaining rezoning of property to B-2 by _ . Mav 1.9. 1986. The herein agreement, upon its execution by both parties, is nerewiun mane an integral part of the aforementioned Agreement of Sale. Dated: 2 8( Dated: (Seal) (Seaj Seller �� Buyei (Seal) (Seal Seller Bu ei Witness Agent Witness Aig"/d4c:�Agen,t