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HomeMy WebLinkAbout010-81 Stonewall - Gary A. & Rebecca H. Dolphin - Backfilel I. la` — - 26 • OA 9 265-04 • �� _ - Ik >• 24 B•2 I�23 Sec SS—(A� 23 � O R. 20 h �- 1 6 tl �J 19 I x 21,9 17 ( See 55—(A) 24 2 3 4 -"1 5 13 14 15 • 48A Rt. T f� 32A A, .C. A B ' s 56 $ AO h2 A •��� — 32 34 e 120 ; ` 16 AT S e 3/'� /2 0 •' 116 i t 2 9 s _ 35 , 8 ;Sqr 119 a 114 8 % ¢ 7 112 10 // 3> Sg s,q 11 ; / 115 1 110 /3 38 S8 /2 q �6Ili 1 10a 0 113A 1p6 19 /�6 q5 / 64 8f ►09 I104 4) r 7g 84 1071 102 23 19 i o 68 >> 105 1 1 100 98 to • ?> ' ?6 S3— 3 ` 1 80 ,cn 1101 v 1� tvo > >3 I 94 2g 2e SS-4 0 99. , -T 1 92 3> 59 >g 95 91 1 g0 Y +� 8 69 ►Y�i A 8S 95A et s� a 8 A C) ZOO IQ (no -e f ,�xeC�Ez i.C�2 C�Ix1YlY��1 Ptya fimen# of Planning and �` efie�n�xzYYen� DIRECTOR JOHN T. P. HORNE Gary & Rebecca Dolphin Route 7, Box 102 Winchester, Virginia 22601 Dear Mr. & Mrs. Dolphin: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 January 22, 1982 This letter is to confirm the Board of Supervisor's action at their meeting of January 20, 1982: Approval of the amended rezoning application to rezone only that portion of Parcel 6 that was zoned B-2 prior to October 1980. That portion being all land on Parcel 6 within 400 feet of the edge of the Route 7 right-of-way. This recommendation is based on the finding by the Planning Commission that the comprehensive rezoning in October, 1980, rezoned the Dolphin property in error. The Commission finds that a business use was existing on this property prior to October, 1980, therefore, the property should not have been rezoned at that time. If you have any questions, please do not hesitate to contact this office. JTPIi : d l l 703/662-4532 Sincerely, n T. P. Horne anning Director 4r.ebuir t (Gn11111p Pepar#znen# of Jr fitltntng allb F 6ayliTen# P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 December 23, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Gary & Rebecca Dolphins Rezoning Petition: From R-3 To B-2 Due to the tabling of this request at the December 16, 1981, meeting this rezoning request will be reconsidered by the Frederick County Planning Commission at their meeting of January 6, 1982, at 3:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPH/dll Sincerely, girA-*--- 7-P 0A4k--(—, hn T. P. Horne ector 703/662-4532 REZONING REQUEST #010-81 Gary A. & Rebecca H. Dolphin 2.843 Acres zoned R-3 (Residential -General) to be rezoned to B-2 (Business -General) LOCATION: One mile east of Winchester on Route 7. MAGISTERIAL DISTRICT: Stonewall Magisterial District ADJACENT LAND USE AND ZONING: Residential land use and residential zoning. PROPOSED USE AND IMPROVEMENTS: To be rezoned to B-2 (Business -General), to be used as a leather business. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection to the rezoning. Sanitation Authority - No objection to the rezoning. Department of Inspections - This Rezoning request shall conform to Use Group "B" Boca Building Code, Section 204.0 and Use Group "F", Section 205 Boca Basic Building Code. Additional comments will be given at the time of plans review. Planning and Zoning - Spot Zoning - The rezoning of this property to a business category while surrounding properties remain in a R-3 residential category is in conflict with the adopted spot zoning policy. Given the action by the Planning Commission at the time of the comprehensive rezoning in 1980 to delete the strip commercial zoning along this section of Route 7, it would seem that in the absence of development proposals on other properties, the Planning Commission would be reluctant to grant commercial zoning on a speculative basis to all adjoining properties. If this is the case, then granting the rezoning to this property would be in violation of the zoning policy. Site Distance - The location of this property is immediately west of a rise in Route 7 and site distance for vehicles traveling west on Route 7 is extremely poor. Given the extreme narrowness of this property and the constraints this would place on relocation of the entrance, vehicles entering and leaving this property would be placing themselves in a very dangerous position. Upon preliminary discussion with the applicant as to the nature of the business that would be conducted, it would seem to the staff that this should be conducted as a home occupation with a conditional use permit under the existing zoning. If this is the case, the applicant is not demonstrating the need for the B-2 zoning and, in absence of this demonstration, a rezoning of this property would be speculative in nature. Dolphin Page 2 PLANNING COMMISSION RECOMMENDATIONS_ The Planning Commission recommends approval of the amended rezoning application to rezone only that portion of Parcel 6 that was zoned B-2 prior to October 1980. That portion being all land on Parcel 6 within 400 feet of the edge of the Route 7 right of way. This recommendation is based on the finding by the Planning Commission that the comprehensive rezoning in October, 1980, rezoned the Dolphin property in error. The Commission finds that a business use was existing on this property prior to October, 1980, therefore, the property should not have been rezoned at that time., STAFF RECOMMENDATIONS: Denial. This recommendation is based on the following factors: 1. Rezoning is a violation of the adopted spot zoning policy. 2. The location of a business entrance in this location would be dangerous. 3. The use that is proposed on the property can be accommodated under the existing zoning category. �rt�eritEt (noun#ti += rpnr#nien# of INanning anb Pebelopmen# P. O. Box 601 0 COURT SQUARE DIRECTOR n -WINCHESTER. VIRGINIA 22601 JOHN T. P. HORNE M E M U R A N '� j U By ---____— TO: ATTN Mr. John Dennison De artment of Inspections ATTN Mr. Stephen Gyurisin Zoning , VA Dept. of Highways and Transportation , ATTN Mr. R. C. Kin ATTN Mr. John T. P. Horne Planning , Sanitation Authority AT'r — _ -- +lr, w. Jones FROM: John T. P. Horne, Director Date November 23, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Gary & Rebecca Dolphins or their representative - Will you please review the attached and return your comments to me by as soon as Eossible. ___ ------------- This space should be used for review comments: The Authority has no comment. _ Date November 24, 1981 Signature - 703/662-4532 _r.e�erirk GaimtU 3Dr,partnunt of J�Iallning Una Pk 61 1jP111ent P. O. BOX 601 9 COURT SQUARE DIRECTOR WINCHE9TER, VIRGINIA 22601 JOHN T. P. HORNE M E M O R A N D U M Department of Inspections T-_ ATTN Mr. John Dennison ATTN Mr. Stephen Gyurisin Zoning - and TransportationATTN R.-C. King _ VA Dept._ of Highwa s y - Plannin Sanitation Authorit , ATTN Mr. John T. P. Horne , ATTN Mr. W_Jones Director Date November 23, 1981 FROM: John T. P. Horne, _--- SUBJECT: Conditional Use Permit Subdivision Review comments on __, --- X Rezoning Site Plan We are reviewing the enclosed request by Gam& Rebecca Dolphins or their representative _� ---- - Will you please review the attached and return your comments to me by as soon as _ possible. _ --------------- This space should be used for review comments: No oi3TrCTIONS Date 11-27-81 Signature 703/662-4532 reNerirh C2ainitu 3N,va ti unf of ]IJ- huming allx� c e£xe opment P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: Department of Inspections , ATTN Mr. John Dennison Zonin , ATTN Mr. Stephen Gyurisin VA Dept. of Highways and Transportation_, ATTN Mr. R.-C. King P1anning , ATTN Mr. John T. P. Horne Sanitation Authority ► ATTN Mr. W. Jones -- FROM: John T. P. Horne, Director Date November 23, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning �^ Site Plan We are reviewing the enclosed request by Gary & Rebecca Dolphins _ or their representative _ _ Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Signature Date 703/662-4532 31zebtr tali Ganutp 3Deparfinten# of Planning ally ak efxetaymen# P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 December 1, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Gary & Rebecca Dolphins Rezoning Petition: From R-3 To B-2 This rezoning request will be considered by the Frederick County Planning Commission at their meeting of December 16, 1981, at 3:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPH/dll Sincerely, I John T. P. Horne Director 703/662-4532 This is to certify that the attached correspondence was mailed to the following on December 1, 1981, from the Office of Planning and Development, Frederick County, Virginia: Brenda K. Vaughn Route 7, Box 107 Winchester, VA. 22601 Norwood H. McKenzie Route 7, Box 103 Winchester, VA. 22601 S. W. Wilson Route 7, Box 90 Winchester, VA. 22601 James A. Wolfe Route 7, Box 91 Winchester, VA. Raymond C. Zachgo Route 7, Box 92 Winchester, VA. 22601 Shenandoah Computer Systems Route 7 Winchester, VA. 22601 Richard A. Swisher Route 7., PwX 101 Winchester, VA. 22601 Joseph F. Hughes c/o Mr. Seymour Barr P.O. Box 32 Winchester, VA. 22601 Laura & Daniel McFarland Route 7, Box 147 Winchester, VA. 22601 Gary A. & Rebecca Dolphins Route 7, Box 102 Winchester, VA. 22601 J hn T. P. Horne rector STATE OF VIRGINIA, COUNTY OF FREDERI,CK, TO-1IT I,� a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated ' , 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this — day of 1981. My Commission expires LY g tPO' NOTARBLI #276----- r - JOANNA C. STOTLER TO: .. .. DEED M ♦.,I�GM L JOM.i10M GARY ALAN DOLPHIN, SR., ET UX ;EftEG T0: DATE eocr. 454 i"E 15? THIS DEED, made this �_ _ day of 1975, between Joanna C. Stotler, widow, of the one part, hereinafter called the Grantor, and Gary Alan Dolphin, Sr. and Rebecca H. Dolphin, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land, improved by a dwelling and out -buildings, situated on the East side of Route No. 7 about one (1) mile East of the City of Winchester, Virginia, more particularly described by a survey of A. J. Tavenner dated January 30, 1941, attached to and made a part of that certain deed from T. B. Allamong, et ux to L. H. Stotler, et ux, duly recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 182, at Page 114, as follows: Beginning at a stake on North boundary of Route # 7 corner to a tract belonging to T. B. Allamongi thence running by a dividing line N 5° 27' E 63.5 poles to a stake in the line of Warner corner to Allamong's land; thence S 60° 57' W 10.5 poles to a stake corner to E. Earl Shade; thence along with him S 50 27' W 37.93 poles to a part corner to E. Earl Shade and a lot belonging to T. B. Allamong; thence with his lot S 870 24' E 4.06 rods to a stake, corner to T. B. Alla.-nong; thence with him again S 5° 27' W 20.9 poles to a stake on North side of Route 7; thence there- with S 87° 24' E 4.90 rods to the place of beginning, containing 2 Acres, 3 roods and 28 poles; and being the same realty conveyed to the Grantor herein and (V �oP�. J C :r 454 iA:: 158 - ' Jesse L. Stotler as tenants by the entirety with survivorship as at common law, by Ison Frank Bolyard, widower, by deed dated March 18, 1971 and recorded in the aforesaid Clerk's Office in Deed Book 374, at Page 331. Upon the death of Jesse L. Stotle on October 3, 1974, the Grantor herein, as the surviving tenant, became the sole owner of said property. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: (S EAL Joanna C. Stotler STATE OF VIRGINIA, To -wit: a Notary Public of and � t for the State and rriu �r aforesaid, do certify that Joanna C. Stotler, widow, whose name is signed to the foregoing writing = day of 1975, bearing date on the Y has acknowledged the same before me in my State and LLIL r.. aforesaid. % day of-'�i��ty •,, 197 Given under my hand this 1 _ Y J My commission expires / Z;Notary Public V' ;, ^1 to r.ie o., t..e -47.Zi at t:12..Dt7 3-I a?.21 _3•�.00 _ , ar,d 5 . .., v� been Y .id, if a .,a s ,L,.,. � I � w ..f.f D■ t JOwwf�0■ ♦nc..nf .� ur .�.nnnf....nm HIS CERTIFICATE MUST BE PUBLICLY DISPLAYED AS PROVIDED BYLAK COMMONWEALTH OF 'VIRGINIA I ? DEPARTMENT OF TAXATION CERTIFICATE OF,. REGISTRATION FOR THE COLLECTION OF THE VIRGINIA SALES OR USE TAX 1� REGISTRATION NUMBER LOCATION OF DEALER' i NAME AND ADDRESS ' THE NAMEO DEALER IS HERE OY, AUTHORIZED AND EMPOWERED TO COLLECT I THE SALES USETAKFORTHECOMMONWEALTHOFVIROINIA CoUNTY,:.OF ' !' !.I :,REFERTOTHIS FREDER ICK �l3E GARY A E RECCA H DOLPHIN NUMBERINALL ( B& G CRAFTS & C O L L E C T A B L E S' ,1 1' CORRESPONDENCE DATE ISSUED 4 1075 D E L C 0 PLAZA _MALL " i; 2 2 6 1 OEO�NNINO LIABILITY DATE MONTH DAY YEAR { NCHESTER IVA p 1 w I OCT' 1980 09 1 03 : •I. STATE TAX COMMISSIONER I �c�r.,_.�` .:.,dC-wit-�--• iCSIE��" ��fC)F'Z� �.�,Xc3��-' �'KiR,+'•r.-^'tiC- ' ,. �i •;; THIS CERTIFICATE IS NON TRANSFERABLE 6210098 IREV.1.801 .� -__ ,..�...r._�1__��--• ',-- • COUNTY OF FREDERICK - P.O. BOX 225 REAL =STATE-19SO TICKET NO. 3529E \I11\VfILJIV.IsI � D 5 CODE 055B-OA-000-0006 DESCRIPTION VALUE RATE TOTAL TAX )OLPHIN', GARY ALAN SR. S 70002.95 206.50 REBECCA H. ILZ:15C,JINIIW ACRES 2.50 _r• r� DOLPHIN, GARY ALAN SRiR_, E' REBECCA H. ROUTE 7 BCX 102 WINCHESTER, VA. 22601 L J TOTAL TAX DUE 206.50 PENALTY INTEREST `1 TOTAL DUE `•"� r,FC. 5. i9R0 DATE DUE DOROTHY B. KECKLEY, TREAS. / " V 5 , ,�a-e�eric[t (i�lxitit�u 1,,pr#zliellf of J�Ianning ,tzt� ak 6e1VPz1icn1 DIRECTOR JOHN T. P. HORNE M E M O R A N D U M P. O. BOX 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 of Inspections _ ATTN Mr. John Dennison _ Department � ATTN Mr. Stephen Gym urisin Zoning VA Dept. of Highways. and Transportation , ATTN Mr. C. King AT`I' John T . P`Horne Planning �_ ------ Sanitation Authority—_ --- ATTN Mr. W. Jones -- FROM: John T. P. Horne, Director Date November 23, 1981 SUBJECT: Conditional Use Permit Subdivision Review comments on -- -- X Rezoning Site Plan We are reviewing the enclosed request by Gary &_Rebecca Dolphins wim you please or their representative review the attached and return your comments to me by as soon as possible. _ _ -------------------- This space should be used for review comments: Signature 703/662-4532 Date r Zoning Amendment No.010-8/ Application Date- APPLICATION FOR REZONING . . . . . . . . . COUNTY OF .FRyDERICrf VIitGII1IA TO THE PLANNING CO:•MISSIO21 AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA 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 COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOiIING FACTS ARE SHOWN 1_ The property sought to be rezoned is located _ RQ �1 n .r ;;•. �t Y . n o to Q • i.0 i.�il i �7 i Q n �. , ti d n' , .: i , It has a frontage of feet and a depth of y� -feet and consists of" ?S �cze s- 2, The property sought to be rezoned is owned by _ NS - Zt as evidenced by deed from recorded,in.Book Paige , Registry of County of �(2 E. o F PT C Th�s property is designated as Parcel No. on Tax Map No. (Note: Numbers may be obtained from the Office of Commissioner of Revenue_) 3. It is desired and requested•that the foregoing property be rezoned: FRO TO ��cl 1 4. It is proposed that the property will'be put to the following use: ,A) 5. It is proposed that the following buildings will be constructed: C The following are all of the individuals, firms, or corporations o:•;ring property adjacent _o both sides and rear, and the property in front of (across street fro:) the property sought � to be rezoned: (Use additional pages if necessary.) _ N?1,1t. NlciS CO'lPLETE I+AILING ADDRESS (Street, Rotate, Bok, Etc_ NOS_) P,�1=' TELY i--V'P - ::L -E ,�, off 5 �5 �- , - Uri• l TLs w S 7 55 (3 r ,_ , - T - P, 1,-f ni CIS* R to � o � C 'D c; ►-'J 0C 10 5 5 a `1 9 _ LEE PL�a j�Ppi (NOTE: I forma ion ma4 be obtained from. the Office of tha Commissioner of Revenue- ) . . ' -.—I 7- The following information is attached to support this application °(Use additional pages if necessary' B. (a) Attached is a copy of a 'LOCATION MAP ..... SCALEDI" = -2, 000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property li s. SIGNATURE OF APPLICANT: TAILING ADDRESS OF APPLICANT: (Complete with Route, Strut, Box, Etc- NUMBERS.) f.o.r. o.f.f.i.c.e u.s.e o_n.l.y PLANNING CO:•L•IISSIO I PUBLIC HEARING RECO,*'�IENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUIILIC HEARING ACTION OF (date) Q Approval El Denial COU:3TY ADMIN. (signed) M..citoM t aoHMSTo .Tto..fl. .T N• •I.L.T.TU. ",­. iJ7 # 2 7 6 * --- JOANNA C. STOTLER TO: .. .. DEED GARY ALAN DOLPHIN, SR., ET UX lilt LE;E , np�r 454 r,;c 157 day off-�..t�� THIS DEED, made this - Stotler, widow, of the one part, hereinaf er 1975, between Joanna C. , called the Grantor, and Gary Alan Dolphin, Sr. and Rebecca H. Dolphin, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land, improved by a dwelling and out -buildings, situated on the East side of Route No. 7 about one (1) mile East of the City of Winchester, Virginia, more particularly described by a survey of A. J. Tavenner dated January 30, 1941, attached to and made a part of that certain deed from T. B. Allamong, et ux to L. H. Stotler, et ux, duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 182, at Page 114, as follows: Beginning at a stake on North boundary of Route # 7 corner to a tract belonging to T. B, Allamong; thence running by a dividing line N 5° 27' E 63.5 poles to a stake in the line of Warner corner tto Allamong's land; thence S 601 57' W 10.5 poles • a stake corner to E. Earl Shade, thence along with him S 50 27' W 37.93 poles to a part corner to E. Earl Shade and a lot belonging to T. B. Allamong; thence with his lot S 870 24' E 4.06 rods to a stake, corner to T. B. Aoto; thence with him again S 5° 27' W 20.9 poles a stake on North side of Route 7; thence there- with S 870 24' E 4.90 rods to the place of beginning, containing 2 Acres, 3 roods and 28 poles; and being the same realty conveyed to the Grantor herein and 1. •1. MANCIOM l JOMMITOM •T,c.•I,{ .T u. s g3-,x 454 158 - Jesse L. Stotler as tenants by the entirety with survivorship as at common law, by Ison Frank Bolyard, widower, by deed dated `:arch 18, 1971 and recorded in the aforesaid Clerk's Office in Deed Book 374, at Page 331. Upon the death of Jesse L. Stot1E on October 3, 1974, the Grantor herein, as the surviving tenant, became the sole owner of said property. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. F'ITti--SS the following .signature and seal: oanna C. Stotler STATE OF VIRGINIA, � 11 it: a Notary Public of and for the State and r r"�i` , _i !•, aforesaid, do certify that Joanna C. Stotler, widow, whose name is signed to the foregoing writing, bearing date on the day of /;/i /`! ��`i-mac ) , 1975, has acknowledged the same before me in my State and rir..;_ aforesaid. / Given under my hand this -It day of 71 t 197 My commission expires J Zy Notary •� Vi.As l,: C::::C=.1 to r_:e o_, t-e al cr,d S -,-vL be Y :id, - 2 - ic. COUNTY OF FREDERICK - P.O. BOX 225 WIN(_HFSTFR VIRGINIA 22601 TICKET NO. -4 5 2 41~ D 5 CODE 0 5 5114 - OA- (10 0- C 006 DESCRIPTION VALUE RATE I TOTAL TAX UnLPHIN, tARY ALAN SR. L 70002.951 206.50 REBECCA H. �f. fCti A 1 1%1l �L!i ACRES 2.50 .. I: DOLPHIN, CARY ALAN SRO, E REBECCA H. ROUTE 7 FCX 1C2 WINCHESTER, VA. 22601 L J TOTAL TAX DUE 206.50 PENALTY (�S INTEREST J TOTAL DUE CFC. 5. 19AO DATE DUE DOROTHY B. KECKLEY, TREAS. / ' V CERTIFICATE MUST BE PUBLICLY DISPLAYED AS PROVIDED BY LAW THIS COMMONW,EALTH OF VIRGINIA' � ? DEPARTMENT OF TAXATION t OF,AEGlSTRATION FOR THE CERTIFICATE SALES OR USE TAX K �vr COLLECTION OF THE VIRGINIA I REGISTRATION NUMBER LOCATION OF DEALER' i NAME AND ADDRESS '.I. THE NAMED DEALER i5 HEREBv.AUTHORI2ED AND EM DOWERED TO COLLECT USETAKFORTHECOMMONWEALTHOFVIROINIA COUNTY . 0F''' THE SALES I; I„REFER TO THIS GARY A L REBECCA H DOLPHIN NUMBER IN ALL 'BL FREDEAK G CRAFTS & COLLECTABLES,i �CORRESPONDENCE DAT1075 DELCO PLAZA MALL22601 BEOiNNINO LIABLITY DATE MONTH hINCHESTER VA 09 i OCT '1980STATE TA THIS CERTIFICATE IS NON 7RANSFERABIE II - LI_'__ 6210098 (REV, 1.80) • '" o4e-Ll-, --t �Ja�.�« � C)4a""-.j ,5,5,6 3s t �D � � Qr Ut Wt•'•� �, u A &A OC41 1 --1 + � � wl�j NO -,f ROU-L,( Le vq i C, 'L is iw: I, ju .e mile e-i-rt f Wi-. A t L 1,jr 2 3 V",*q :.. Laic: Ri pa-YF-iog V D H m ---ume -.-L 7, 20.39 tc.-L C.", ul-lutli"'.9 or; V-w 'q mrnr, t. t.) V D h mc f-tt .L u yp' Ti L) N p� p M G� �.� ✓E-y'o � This is to certify that the attached correspondence was mailed to the following on December 23, 1981, from the Office of Planning and Development, Frederick County, Virginia: Brenda K. Vaughn Route 7, Box 107 Winchester, VA. 22601 Norwood H. McKenzie Route 7, Box 103 Winchester, VA. 22601 S. W. Wilson Route 7, Box 90 Winchester, VA. 22601 James A. Wolfe Route 7, Box 91 Winchester, VA. Raymond C. Zachgo Route 7, Box 92 Winchester, VA. 22601 Shenandoah Computer Systems Route 7, Box 92 Winchester, VA. 22601 Richard A. Swisher Route 7 Winchester, VA. 22601 Joseph F. Hughes c/o Mr. Seymour Barr P.O. Box 32 Winchester, VA. 22601 Laura & Daniel McFarland Route 7, Box 147 Winchester, VA. 22601 Gary A. & Rebecca Dolphins Route 7, Box 102 Winchester, VA. 22601 t T. P. Horne i ector STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT I,y� _a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated ,-b1M(ff&4) n26 , 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ;>: day of 1981. My Commission expires R—OTPIRY PUBLIC This is to certify that the attached correspondence was mailed to the following on December 30, 1981, from the Office of Planning and Development, Frederick County, Virginia: Brenda K. Vaughn Route 7, Box 107 Winchester, VA. 22601 Norwood H. McKenzie Route 7, Box 103 Winchester, VA. 22601 S. W. Wilson Route 7, Box 90 Winchester, VA. 22601 James A. Wolfe Route 7, Box 91 Winchester, VA. Raymond C. Zachgo Route 7, Box 92 Winchester, VA. 22601 Shenandoah Computer Systems Route 7, Box 92 Winchester, VA. 22601 Richard A. Swisher Route 7 Winchester, VA. 22601 Joseph F. Hughes c/o Mr. Seymour Barr P.O. Box 32 Winchester, VA. 22601 Laura & Daniel McFarland Route 7, Box 147 Winchester, VA. 22601 Gary A. & Rebecca Dolphins Route 7, Box 102 Winchester, VA. 22601 J T. P. Horne D ector STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT I ►t �� ___a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name �' 19 81 , is signed to the foregoing, dated i /�7(1� , has personally appeared before ine and acknowledged the same in my State and County aforesaid. Given under my hand this ___day 1981. My Commission expires --)„0 NOTARY PUBLIC DIRECTOR JOHN T. P. HORNE �3�r.eberirk (rnnn#u 39evar#ment of Planning anza p6elnpmen# M E M 0 R A N D U M P. O. Sox 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 TO: Department of Inspections ► ATMA' r . John Dennison , ATTN Mr. Stephen G urisin Zoning w VA Dept.of Highways and Transportation , ATTN Mr. R. C.�King_`__ Planning , ATTN Mr. John T. P. Horne Sanitation Authority ATTN Mr. W. Jones FROM: John T. P. Horne, Director Date November 23, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Gary & Rebecca Dolphins or their representative _ ___� -- Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------- This space should be used for review comments: Signature 703j662-4532 Date %1)- / - e / H T�7 Zoning A.-nendment No Application Date APPLICATIONQ FOR RED NING . . . . . . . . . . . . . . . . . COUNTY O .FR%D :RICt:, VItY�IIIZ , TO THE PI.AANNING C0'lMISSIO`1 AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . . . I WE) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY MIKE APPLICATION AND PETITION THE GOVERNIIG BODY TO AMEND THE ZONING OP.DI-NANI CE AND TO CIM IGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS IIEI'\EINAFTEr REOUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOIING FACTS ARE SHOWN: 1. The property sought to be rezoned is locatedzem 7. N C toY �� �rtJ Y 1 �� U1 ll m, n ��. 1 ,s.. „r �,., n It has a frontage of 7n• a ! feet and a depth of y, 'feet and consists ofC cres 2. The property sought to be rezoned is owned by [us as evidenced by deed from recorded.•in:Book , Pagel Registry of County of Thvs property is designated as Parcel No. on Tax flap No. (dote: NLLmhers may be obtained from the Office of Commissioner of Revenue_) 3. It is desired and requested -that the foregoing property be rezoned: FRO%1 - 3 TO 4. It is proposed that the property will be put to the following use: Qrlia�n\-Q ,t.1� /e_1 S. It is proposed that the following buildings will be constructed: L - The following are all of the individuals, fircns, or corporations o:rniag property adjacent `-o both sides and rear, and the property in front of (across street fro:) the property soug?-it to be rezoned: (Use additional pages if necessary.) _ N?1.Ia IVtu;l rs CO:LPLETE MAILING ADDRESS (Street, Route, Bo;�, Etc. POS.) Pi rVt iLA Is R �w)� P 55 �J `l )- rJ C 14�- ► ni (NOTE: I fo „a ion ma.9 be obtained from the Office of the C07,missioner of Revenue.) ' 7. The following information is attached to support this application ., ':(Use additional pages if necessary.' ..._ _w_...._.�.-_-_ 8. (a) Attached is a copy of a 'LOCATION MAP ..... ^ SCALED 1" =42, 000 (b) Attached is a s}:etch showing proposed and/or existing structures on property with measurements to all property li S. - SIGNATURE. Or APPLIC. NT: ���� / I`i n•Y .o� C1 �` 1tiV:,.� MAILING ADDRESS OF APPLIC.,NT: (Complete with Route, Street, Box, Etc_ NUPd3E3S.) N F,SI L K v (o OI f_o.r. o.f.f.i.c_e u.s.e o_n.l.y PLAN LING CO% -MISSION PUBLIC HET RING RECOL-2MENDATION OF (date) Approval Denial SECRET.7'1RY (signed) BOARD op SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNITY AM,IIN. (signed) 1 J7 t r276 -- JOANNA C. STOTLER TO: .. .. DEED GARY ALAN DOLPHIN, SR., ET UX 454 r'=` i57 day ofcc-�.. THIS DEED, made this 1975, between Joanna C. Stotler, widow, of the one part, hereinafter called the Grantor, and Gary Alan Dolphin, Sr. and Rebecca H. Dolphin, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable _ consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with of Title, unto the Grantees, as tenants by English Covenants the entirety, in fee simple, with survivorship as at co7,mon law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract or parcel of land, improved by a dwelling and out -buildings, situated on the East side of Route No. 7 about one (1) mile East of the City of Winchester, Virginia, more particularly described by a survey of A. J. Tavenner dated January 30, 1941, attached to and made a part of that certain deed from T. B. Allamong, et ux to L. H. Stotler, et ux, duly recorded in the _ office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 182, at Page 114, as follows: Beginning at a stake on North boundary of Route # 7 corner to a tract belongingttoNT. B, All 63n5f thence running by a dividing n poles to a stake in the line of Warner corner to Allamong's lard; thence S 600 57' W 10.5 poles' e along a stake corner to E. Earl Shade, thence with him S 5° 27' W 37.93 poles to a p corner to E. Earl Shade and a lot belonging to T. B. Alla.mong; thence with his lot S 87, 24' E I 4.06 rods to a stake, corner to T. B. Aoto, thence with him again S 5° 27' W 20.9 poles a stake on North side of Route 7; thence there- with S 870 24' E 4.90 rods to the place of beginning, containing 2 Acres, 3 roods and 28 poles; N [FFILOM [ JOMM LIOM AT .•• ed to the Grantor herein an •I.F.Lf(.. ,,,,•I• and being the same realty conve y v r 1. HARRISON i JOM11lf0" Anput>r� .r ". r � �3:x 451 i5' . Jesse L. Stotler as tenants by the entirety with survivorship as at common law, by Ison Frank Bolyard, widower, by deed dated March 18, 1971 and recorded in the aforesaid Clerk's Office in Deed Book 374, at Pace 331. Upon the death of Jesse L. Stotle on October 3, 1974, the Grantor herein, as the surviving tenant, became the sole owner of said property. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: (SEAL) Joanna C. Stotler STATE OF VIRGINIA, 1, � 1 r 1 OF To -wit: a Notary Public of and i c for the State and (r'i � [ aforesaid, do certify that Joanna C. Stotler, widow, whose name is signed to the foregoing writing, bearing date on the day of %!=/,'r! ;L/�t.� J_ 1975, has acknowledged the same before me in my State and `.rl r,r_ aforesaid. j Given under my hand this 117/ day of ^,1 l_ -, r r _._,_. 197 =/-cMy commission expires �C ' �jNotary Public. p:c 1 to : �e o.. t: •• __....,_ ._ J: acl:. Jwl �g_n nt anne:31 �, and 5_ C'3 _ c_v;: be-2n i.�7�, if a'._,? s-,b.t. ........ p r• t - 2 - COUNTY OF FREDERICK - P.O. BOX 225 wINrWFSTFR VIRGINIA 22601 TICKET NO. 'A 5l4 F D 5 CODE 055'ul-0A-i1OO-0006 DESCRIPTION VALUE RATE TOTAL TAX UnLPHIN, ARY ALAN SR. 6 700012.951 206.50 REBECCA H. r r. ACRES 2.50 DOLPHIN, GARY ALAN' SR." £ �•, ti � REBECCA H. ROUTE 7 FCX 1C2 WINCF:ESTER, Vt. 22601 J JH.ISCERTIFICATE MUSTBEPUBLICLY �DISPLAYED AS PROVIDED BY LAW _�e-•-,:. �+.� COMMONWEALTH 'OF'VIRGINIA 1.1•' DEPARTMENT OF TAXATION ' _ CERTIFICATE OF,; AEGISTRATION FOR THE • �• I_,I�yk COLLECTION OF THE VIRGINIA SALES OR USE TAX TOTAL TAX DUE PENALTY INTEREST TOTAL DUE 206.50 CEC. 5, 1980 DATE DUE DOROTHY B. KECKLEY, TREAS. / V REGISTRATION NUMBER LOCATION OF DEALER NAME: AND ADDRESS' 1 THE NAMED DEALER ,S HEREBY AUTHORIZED AND EMPOWERED IR COLLECT ... 4 :. I. THE SALES USE TAK FOR THE COMMONWEALTH OF YIROINIA COUNTY :.OF I' I I I� .REFERTOTHIS FREDER ICK GARY A a; REBECCA H DOLPHIN NUMBER IN ALL ' B C G CRAFTS £ C O L L E C T A B L E S' 1 1 CORRESPONDENCE DATE ISSUED 1075 O E L C O PLAZA MALL 22601 BEGINNING LIABILITY DATE MONTH DAY YEAR ImINCHESTER VA OC.T "1980 09 .I 03 1980 STATE TAX COMMISSIONER THIS CERTIFICATE IS NON TRANSFERABLE 6210098 IREV.1.801 t, _� Jr5 U .4 ICA 4 FEGINNPiC A t No t :D f- ld-w ,f Rout ,)-,,e mile ea-5t f WL, A `9 V D H said R W, S 88 mi.-namt --.t 20-39 f.- a,,(] o ti.aloi.16 0', ti same mc�Umerft 35.59 t.) V D Rt. IN 2J55'571' 59,1 t f! t f for t N p �1 D M G sci,2 ✓c�--o,�2 Nov. 20, 1981 To whom it may concern, Wo are requesting to be rezoned back to B-2 which is now zoned R-3. It is hard for us to understand why we wore down zoned last Jan., since we alroady had a bus:i_noss last yoar.0ur tax No. has Delco Plaza, but our main business was opor.atod at our home on Rt 7 tho proporby we nood rezoned to B-2. We are paying the rezoning foe of one hundred dollars Q100) but not fooling that we should since wo fool we should not have boon down zoned in tho first place. We would �11/j appreciate youp consdoration on this matter. Thank -you J)�Al 'o"Q - L_�; Ms Rebecca H. Dolphin c • �; - �c i 1-0 3�i I� [ .LklL.bY"'Y3 1 �v�sr��SS 'lt,C� � 04L�) + U4�C., If 4ZJ w �\ 04L, --A- oJiLi 55,6 Zoning Amendment No. CIO-81 Application Date - 0.41 APPLICATION FOR REZONING . . . . . . . . . . _ I. . . . COUNTY OF .FREDERICK,, VIRGINIA TO THE PLANNING CO`-U4ISSI0_J AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA I (IrT), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLO:JING FACTS ARE SHOWN 1. The property sought to be rezoned is located eQ r+Aiv It has a frontage ofand a depth of /Lj . qd 'feet and consists ofZ5cr es °. a,8y.3 2. The property sought to be rezoned is owned by ,o� as evidenced by deed fro recorded -in .Book Page , Registry of County of,* � E n E R 1 C K Th;.s property is designated as Parcel No. on Tax Map No. . (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM 3 TO 4. It is proposed that the property will be put to the following use: st c,A I.Q.tj. Q h ow Q r ,tm�,aJ► s� . S. It is proposed that the following buildings will be constructed: aomrim L 3. The following are all of the individuals, firms, or corporations o:•rriing property adjacent to both sides and rear, and the, property in front of (across street from) the property sought to be rezoned- (Use additional pages if necessary.) (Street, Route, 130k, Etc. NOS.) � G • �. • , r r f _ _� �4 , .. Mo (NOTE:- Idforma ion may be obtained iron the U=r_ice or the c i ner o= xeve ue.) 7_ The following information is -attache to support this application additional pages if 'necessary _ )'' •:, ...., .. `•..�.J:.i •:r �l...T. •si mil a: r�•.e4.., �'C .� � �, •..'�•,: ;.' •_' -. .^. i 8. (a) Attached is a copy of a LOCATION MAP .....^SCALED I"=_2,000` (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property li s. ' /la SIGNATURE. OF APPLICANT: 14AILING ADDRESS OF APPLICANT: (O 2 (Complete with Route, Street, Box, Etc_ NUMBERS.) Wt to f.o.r. o.f.f.i.c.e u.s.e o.n.l_y PLAT`^SING COZ,1MISSION PUBLIC HEARING RECOMMENDATION OF (date) 0ejPe l , 1981 FYI Approval Denial SECRETARY (signed) J�. The Planning Commission reconTnends approval of the amended rez g application to -rezone only that portion of Parcel 6 that was zoned B-2 prior to October, 1980. That portion being all land on Parcel 6 within 400 feet of the edge of the Route 7 right of way. This recc�mendation is'based - L u=1 t!1&U15ive rezoning i.n ucr.. J-Jdu, rezonea the llo.Lpni n prop- erty in error. ppThppeeeP/yC finds that a beeusiness use was existing on this property prior to Oct.."80, BOARD OF SUPERVISORStPUBLIC d EARIAe C � b� eft that tore. f-N .Tannary 70 1 QR7� Q Approval 0 Denial COUNTY ADMIN. (signed) -A /, Same as above. e. �Tz zzYezT# of J�Ia zitttzg allb P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 December 30, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Gary & Rebecca Dolphins Rezoning Petition: From R-3 To B-2 This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of January 13, 1982, at 7:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPI-I/dll sincerely, %� #04t--Q— John P. Horne Director 703/662-4532 January 22, 1982 Gary & Rebecca Dolphin Route 7, Box 102 Winchester, Virginia 22601 Dear Mr. & Mrs. Dolphin: This letter is to confirm the Board of Supervisor's action at their meeting of January 20, 1982: Approval of the amended rezoning application to rezone only that portion of Parcel 6 that was zoned B-2 prior to October 1980. That portion being all land on Parcel 6 within 400 feet of the edge of the Route 7 right-of-way. This recommendation is based on the finding by the Planning Commission that the comprehensive rezoning in October, 1980, rezoned the Dolphin property in error. The Commission finds that a business use was existing on terhis property prior to October, 1980, therefore, the property should not have been rezoned at that time. If you have any questions, please do not hesitate to contact this office. Sincerely, John T. P. Horne Planning Director JTPH:dll DIRECTOR JOHN T. P. HORNE z tL,rirh Gainitu �Ovpar#ttlellt of Planuilig ant p6daytttent P. O. Box 601 9 COURT SQUARE M E M O R A N D U M WINCHESTER, VIRGINIA 22601 TO: Frederick County Planning Commission FROM: John T . P. Horne SUBJECT: Rezoning on Route 7 DATE: December 30, 1981 It is the staff's opinion that a rezoning of the Dolphin property only, is a violation of the Spot Zoning Policy. It is recognized that the area along Route 7 has begun the process of transition from residential/agricultural land use to more intensive uses. To recognize this transition and to avoid a violation of the Policy, the Planning Commission would need to treat all similarly situated property in the area in a like fashion. The properties similarly situated in this area would be Parcels 2, 3, 4, 5, 6, 13, 14, and 15. The requests for rezoning for these lots together would show some commitment by the residential neighborhood toward transition to commercial use. If such a request were received, it would be evaluated using the same criteria as the Dolphin request. With all frontage lots participating, this request would not violate the Spot Zoning Policy. However, the request would, in the absence of a definite development proposal, be speculative in nature. Enclosed are copies of a rezoning request made in September, 1980, by Messrs. Norris, Price, and Collins. The Planning Commission denied this request based partially due to its speculative nature. The problem of safe sight distance for a commercial entrance would remain with a joint rezoning request. The Virginia Department of Highways and Transportation recommends a minimum of 650 feet sight distance for a commercial entrance on this type highway. This requirement could only be met on Parcel 2. With a definite development proposal and common site plan, the Planning Commission could be assured of a safe entrance. In the absence of these plans, however, a rezoning of six separate parcels would have the possibility of six separate road entrances, five of which would not meet VDH&T requirements. (See Enclosure) 703/662-4532 Page Two Route 7 Rezoning Based on the above criteria, the staff recommendation on a joint request by the frontage parcels would be denial unless a definite development proposal using a common entrance on Parcel 2 was included with the rezoning request. This recommendation would be based on the following factors: 1. The rezoning request would be speculative in nature. 2. The location of a safe commercial entrance on five of the six properties is not possible. If you have any questions prior to the January 6 meeting, please do not hesitate to contact me. JTPH/rsa Request for Rezoning by Messrs. Norris, Price and Collins, #k015-80, from R-2 to B-2, 3.27 acres, in the Shawnee Magisterial District. ACTION - Recommend Denial The Secretary first gave the background information, noting that the pressure on this area will be real when water and sewer are available. Mr. Riley also noted that there are approximately five lots left zoned Residential at this time. Mr. Riley also commented that, at this time, there is not enough development to make a determination. In answer to Mr. Kirk's question, Mr. Riley explained that the only information available would be contingent on Crown America running a sewer to that area. Mr. Hugh Price, also representing Messrs. Norris and Collins, came forward and introduced himself to the Planning Commission. Mr. Price commented that there is sewer all around the property. In answer to Vice -Chairman Brumback's question, Mr. Price noted that he almost had the property sold and further informed the Planning Commission that he had been approached by Roy Rodgers, a church, a motel and another restaurant. In answer to Mr. Golladay's question, Mr. Norris, explained that City water and sewer is not quite at the line. Mr. Golladay noted that the City is not receiving any more County hookups. Mr. Stiles further explained that the Board had set aside $200,000 for that sewer line for five years. Vice -Chairman Brumback next asked if there was any person wishing to speak in opposition. 1131 -10- Mr. Loring Carper cafne forward and introduced himself to the Planning Commission and presented a petition with 36 signatures. Mr. Carper further requested that the Planning Commission recommend denial of this rezoning request. Mr. Carper also noted that the Frederick County Sanitation Authority has no plans to extend water and sewer to this area and that City water and sewer will not allow hookups as of a policy passed in 1977. Mr. Carper next asked for those opposing to stand and noted that there were approximately fourteen in attendance. Mr. Carper also noted that a traffic study by the State Police produced concern regarding the cross -over at Purdue Drive. In answer to Mr. Stiles' question, Mr. Carper noted that the group is concerned with downgrading of the property, runoff and water and sewer problems in the area. Mr. Golladay next made a motion that the petition submitted be made a part of the record. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the following petition be made a part of these minutes of the Planning Commission of Frederick County: PETI`.CION We the undersigned residents of, and/or adjoining property owners to, College Park Subdivision, Shawnee District, Frederick County, Virginia do hereby petition the Department of Planning and Development to deny the request of Messrs. Norris, Price and Collins for the rezoning of certain properties in, and/or adjoining, College Park Subdivision from R-2 (residential -Limited) to B-2 (Business -General). /Loring R. Carper /Griffin L. Davis /Lena C. Carper /Gerald L. Davis /Patricia Carper Williams /Guy Strosnider /Joseph R. Rausa /Kathryn L. Strosnider /Jerre R. Rausa /J. H. Riley /George W. O'Rear /Thelma Riley /Isabelle R. O'Rear /Gladys Deck /Mark Baer Julian A. Deck /Anna Belle Baer /Julian C. Deck /Woodrow Artrip /Tammy Deck /011ive Artrip /Paul L. Kidwell, Jr. /Anna Virginia Kline /Linda J. Kidwell /Sara Jane Barr /Barbara Costin /Roy Barr /William Costin /Charles Luttrell /Denny L. Place 1132 -11- /Mary Luttrell /Estella L. Davis /Earl Haun /Martha Place /Albert Nicholson /Lena R. Haun Mr. George O'Rear next came forward and introduced himself to the Planning Commission, noting that the deeds all were for residential use only. Mr. O'Rear also stated that the rezoning would leave the area open to a multitude of B-2 uses. Mr. Charles Luttrell next came forward and noted his opposition, adding that he is not opposed to progress, but is opposed to a decision that would only stand to benefit a few. Mr. Luttrell also added that there already are 100 acres across Route 50 zoned for development. Mrs. Sara Jane Barr next came forward and stated that there is a danger of a blind spot in the road at this location. In answer to Mr. Kirk's quwestion, Mr. Riley commented that this area had been discussed during the Comprehensive Rezoning and it was decided to try and not project zoning. Vice -Chairman Brumback added that water and sewer are critical and not projected in this area in the near future. Chairman Gordon noted that this is not a specific proposal and no water or sewer is present at this time, making a decision difficult to make. Mr. Stiles made a motion to recommend denial of this rezoning, request. This was seconded by Mr. Venskoske and the vote was as follows: YES - Gordon, Golladay, Venskoske, Stiles, Brumback ABSTAIN - Kirk BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recommend denial of Rezoning Request 015-80 to the Board of Supervisors. Conditional Use Permit Request #010-80, by Ralph and Veronica Machotka, for a home occupation, in the Back Creek Magisterial District. 1133 EOO Rezoning Application #015-80 Messrs. Norris, Collins, Price R-2 to B-2, 3.27 acres Location: North side of U. S. Route 50 East, adjacent to the College Park Subdivision in the Shawnee Frederick -Winchester Health Department - It is the opinion of this office that it is not possible for comment on this proposed rezoning at this time. The reason is the fact that there is no proposed use at this time. Investigation shows that there is -no public water or sewer facilities available to the property and that the soil has been shown to be unsuitable for.on-site sewage disposal facilities. City of Winchester - City water is not adjacent to the property, however, a City water service could be made available from Princeton Drive. City sewer is not adjacent to the property, and sewer service is not available in accordance with City connection policies. Va. Dept. of Highways and Transportation - No' objection to rezoning. Department of Public Works - No comment. Department of Inspections - No comment. Planning and Zoning - While this location is near an existing B-2 Zone, a speculative rezoning of these % ots is not wise. Rezoning should take place only when a more definite development proposal is presented. This strip zone maximizes t e posse i i y (Imu tiple �G �a entrances onto Route 50 and could further contribute to its congestion. It is also evident from the Health Department comments and comments from the City that there is not enough information on use of the land to make a determination. lot I- ti tj I -A s C', o C-i ;i U U ti 0% 1 . it, Of 0 O cm in ;.3 0 0 0 0 .4 u Zin/Y 460' FAI .. 4 �. Zoning Amendment No. Application Date APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICK, VIRGINIA TO THE PLANNING CO%tMISSIOi7 AND BOARD OF SUPERVISORS 0: THE COUNTY OF FREDERICK, VIRGINIA . . . I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY DUKE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located 1 cl ^r t It has a frontage of — feet and a depth of - feet and consists of .��% % acres. 2. The property sought to be rezoned is owned by c as evidenced by deed from recorded in Book , Page Registry of County of This property is designated as Parcel No. j %,j /J_ ilon Tax Map No. �•' (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROA !( - -1 TO ;+2 4. It is proposed that the property will be put to the following use: O t 5. It is proposed that the following buildings will be constructed: i 6. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the property in front of (across street from) the propqrty sought to be rezoned: (Use additional pages if necessary.) NAME Numbers COXPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PAPCM TAX MAP a L e 0 7 P2 9 14 q /* V (NOTE: Intormation may be obtained trom the Ottice of the Commissioner of Revenue.) 7. The following information is attached to support this application I (Use additional pages if necessary.),; 8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 'I" (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. SIGNATURE OF APPLICANT: -2� MAILING ADDRESS OF APPLICANT: 3 (Complete with Route, Street, Box, Etc. NUMBERS.) 331 Z f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) _9/3/80 Approval F-X1 Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 9/3/80 El Approval V-1 Denial COUNTY ADMIN. (signed)