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HomeMy WebLinkAbout005-80 O.L. Payne MH-1 to M-1 - Stonewall Dist. - Bd. App. - BackfileFREDERICK COUNTY 80 a*` 82 97 / 81 2 pt•• �° 99 ' 2 pta 83A 01 Rt. ro 1 77A 83 3A 2 0�. 100 BM 8 6'rr; 3 MorelQ Lone 77 96A BM 633 MN to Rt g36 - 00 M 75A 96B 96 1 o O B5 12 '" ,K s.. ee • FREYCO � A j fog / O 103A j 101 14 89 131 95 / 105 70 y, 1 15 2 pis. 4 2 ota i 8 89A R7 t// 4 Ho/ P�� t 06q J 16 �� BM 606 1 SM 602 / 115 -' it 109 /� 17 0 B �� P /• 95 / e 114 As;'i 0 8C 2 pta 2 pt. 4 • • STEPF SON 2 pt. 110A 1096 �/ J1 p ,r 1218 109A B 108 ��* J 121 C�110 56 �p � / ,a~ 199 � �f B ti ss sJ 94 8 a 6tO 'O U 6A 5 S S4 126 121 ' �� , ' 4 1A 6 4 ' *9 a )j 13 ./fie 'b 1 G 41 Jr� �. 13if �t 0"I �� 42 �—/ �i e O S 6 6Y 1 S S6 43A Rt. t • 8 37 R 9n �m a�- A��V . Fi °r4M 1708 200 12Ile � ey�y „a,e, 3 as o,°n« o.n 11 _ s 9 p • • �P `. 173 IJ� �0 j b 1388 !, ? A ' e 170A �F y 5 45 t8 /. Q 138A , a 1'D 201 ><18 17 j/ j 170 0 13 40 ../ f 0 203 4 2 pta i f + 204 r� 01 / j �9 i 40A 31 / \ ti 201 0 9 1 3 0 2" 24 By 637 i 'V + ty �a N 266 267 g v e A jb t 32A 292 ti �z 134A / / � ,� s' a '� A 25 29 i \ ti 238 , % A S 85 at ON 282 4- 31 / 293 , 2 � BM 520 26 qt, JORDAN A cot) Run SPRINGS i 29 31 A 294 a+ 1 'o f �eC 15 6F ZU---t. in + f 28C 2a O n oce 28D 14 00��b 295 27 p 28H / 28A t 66/ 1 O 2 28E 13 9 1 Oe 660 I Rd i' 281 28F 0 Q}• 297 , ' Soo C 600 x17200 t ' SECTION 44 - — ----- STONEWALL DISTRIS RICT P=VISED: 02-02-DO_ ,f FREDERICK COUNTY 3 �M� SECTION 44 °°° 100 800 ' STONEWALL DISTIMSTRICT R EW SED: 09-11-2001 w FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 8, 2002 Marsh & Legge Land Surveyors, P.L.C. Attention: Mr. H. Bruce Edens, L. S. 560 N. Loudoun Street Winchester, VA 22601 RE: Zoning Map Revision Request PIN: 44-1-B Dear Bruce: The zoning map revision you requested in your letter dated September 23, 2002 has been made to the subject parcel. The revision allows the entire subject parcel to be located within the M1 (Light Industrial) Zoning District. Please find attached a copy of the zoning map illustrating the correction. Sincerely, Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/rsa Attachment cc: Jane Anderson, Real Estate UAPatrick\Common\Misc corresp\OL Payne z niap rev.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 • iRSH & LEGGE LAND SURVEYORS, P.L.C. j(0 Noah Loudoun Street. lVinchesler Vil 22001 ■ 540-067-0468 ■ Fax: 540-607-0469 ■ E-mail: officennunshandlegge.com September 23, 2002 Mr. Eric R. Lawrence. Director of Planning Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 Re: Zoning Map Revision — O.L. Payne ± 20.2 Acres Frederick County, Virginia Dear Eric: You may recall we met last winter regarding a discrepancy in the zoning map on Mr. Payne's property. The map incorrectly shows Parcel 44-1-D1 as being zoned M-1. The parcel Mr. Payne had rezoned in 1980 was Parcel 44-1-B. Mr. Payne pointed out the error when I was in the process of performing a boundary survey for him and requested my assistance in correcting the error. I am enclosing a copy of the original approval of the rezoning in 1980 for your information. Please refer to the application for rezoning at that time. It is obvious by the frontage and depth that Parcel 44-1-B is the subject property. I am also enclosing copies of my survey and the zoning and tax map for your use. If you have any questions or require additional information, please call me at any time. Sincerely, H. Bruce Edens, L.S. HBE/clh Enclosures Copy to: Mr. O. L. Payne RECEIVED SEP 2 5 2002 �i', OF PI.ANNINGI�E�'MEM . Ank r-I -mw INTERSTATE B1 ' SITE CP o U.S. ROUTE 11 2 CP � � VICINITY 1 "=2000' APPROVED BY: SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY HEALTH DEPARTMENT DATE -- 0 ",-NTER'S CERTIFICATE THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION OF THE LAND OF 0. L. PAYNE AND RUTH B. PAYNE AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH. THE FREE CONSENT AND IN ACCORDANCE 3 1`JITII THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND I TRUSTEES, IF ANY. 0. L. PAY NE RUTH B. PAS NE I STATE OF VIRGINIA, AT V+RGE CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 200 BY 0. L. PAYNE & RUTH B. PAYNE. MY COMMISSION EXPIRES , NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO 0. L. PAYNE & RUTH B. PAYNE BY DEED DATED AUGUST 31, 1971 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 381 AT PAGE 225. Or MINOR RUITAL SUBDIVISION �LTI-I OF THE LAND OFO.L.. PAYNE&RUTH (IHV,. B PA YNEDEED Bruce Edens BOOK J81 PAGE 225 o. 000162— B STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, 14RGINIA DATE NOIiEMBER 29, 2001 SCALE. 1 "=3U0' "Sc,��'D ID 3337 SHEET I OF 2��1�♦♦� MARSH8c LEGGE 60 NORTH STREET WIN HESTER, VIRG NIIA22601 Land Surveyors, P.L. C. PHONAX (540) 667-0469 AV3 PIN 43-A-83 N/F BUCKLEY LAGES INC. `sue. DB 349 PG 302 CN z o � q F a, ST�TF ^� N PIN 44-1-D1 °s�6, d1 °, 15.8531 ACRES ZONED: MH1 2r°� = USE: MOBILE HOMES ` _- IRS CSX RAIL TRAN „ 743 ct:to 242.58' z CN �a E- „I Q �i ' „ EX, RicHr-oF- - ---------------- 1 _;------�----------=- PIN 44-1-D r— o'�- 20.635 ACRES r� , PIN 44-1-C ZONED: MH1 & M1 EASY LIVING ASSOCIATES USE: RESIDENTIAL p >; I; ; I DB 468 PG 634 Z "' I, ,I ZONED: MH1 Z o USE: MOBILE HOMES (APPROX. 11.8 AC) 1 1 ZONED: _MH1 „ NOTES: ZONED: M1 THE WIDTH OF THE DaSTING RIGHT OF WAY IN DEED BOOK 461 AT PAGE 780 WAS NOT ¢ z SPECIFIED IN THE DEED, BUT WAS VERBALLY AGREED TO AS FIFTY FEET (50) WIDE AT rY THAT TIME. A NEW DEED IS NOW BEING PROCESSED TO ADD THE FIFTY FOOT (50') WIDE (APPROX. 8.8JAC) o !; VERBIAGE TO THIS AGREEMENT. THE SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING w TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF 1 oz w I� I TRANSPORTATION Of? THE COUNTY OF FREDERICK. THE IMPROVEMENT AND MAINTEOWKE OF 1 �' SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE I� I PROVIDED WITH ACCESS VW THE DRIVEWAY. SAID SHARED PRIVATE DRNEWAYS WILL NOT BE CONSIDERED FOR 114CLLW INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE 1 APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE \ BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FFE)E[WK COUNTY. 1 300 0 300 SCALE: 1 " = 300' I'I I NOTES 1, NO TITLE REPORT FURNISHED. I� ! 2. PROPERTY IDENTIFICATION NO. 44-1-D. 1 3. EASEMENTS OTHER THAN SHOWN MAY EAST, 1 4. IRF - IRON ROD FOUND U IRS - IRON ROD SET 71/V � 5. INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD OT 0s �G �Ji>'�' 6. THE LOT SURVEY MSHOWN HEREONPLETED � ES WITH ZONE 'C", AN AREA OF MINIMAL FLOODING PER F.I.R.M, COMMUNITY PANEL NO. 510063 0110 B, DATED JULY 17,197& US ROUTE I I MINOR RURAL SUBDIVISION FOF THE LAND OFO. L. PA YNE &RUTH B. PAYNEDEED (ii BOOK 381 PAGE 225 Edens 2—B STONEWALL MAG157ERIAL DISTRICT FREDERICK COUNTY, WIRGIN/A DATE:• NOWEMBER 29, 2001 SCALE• 1"=300' �� I o4 ID 3337 SHEET 2 OF 2 EET NORTH IIAS MARSH & LEGGE WINCHESTER, VIRG N60 22601 Land Surveyors, P. L. C. PHONE (540) 667-0469 AWS COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM Date: April 30, 1990 To: John Riley, County Administrator From: Bob Watkins, Planning Director Subj: Rezoning of O. L. Payne property In response to the Larry Ambrogi letter of 4/23/90 you referred to me, I submit the following in the order of his questions: 1. The property was zoned M1 in June, 1980. 2. The M1 zoning was requested by O. L. Payne. 3. The reason given for the rezoning was "to build shop for well drilling business." 4. Adjoining land is zoned as shown on the attached zoning map - MH1 to WEST and SOUTH RA to EAST and NORTH. 5. Don't know. 6. Based on April 1988 aerial photos, there don't appear to be any substantial improvements to the property. I hope this meets Mr. Ambrogi's needs. I remain available should further questions arise. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ti N ' N -w .9 • s A M �d, ,IA (o a) CO LLJ � m Ir _ d A Q O �I • • •• v 1 LLjjJJ Jt Yam. •• #� f LO COUNTY OF FREDERICK oi LAWRENCE R. AMBROGI " ti Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney JAY D. COOK, III Assistant Commonwealth Attorney GLENN R. WILLIAMSON OFFICE OF THE Assistant Commonwealth Attorney COMMONWEALTH'S ATTORNEY FREDERICK-WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCIIL'STER, VIIZGINIA 22601 (703) 667- 5770 (703) 667- 5792 April 23, 1990 John R. Riley, Jr. County Administrator 9 Court Square Winchester, Virginia 22601 CHARLES W. STANSFIELD Administrative Assistant CAROL A. CAMP13ELL Secretary JANET I'. DICK Secretary Re: Proposed downzoning of property owned by O.L. Payne PArzcs✓l✓ 44 - I - D Dear John: Before I can give you an opinion on the downzoning of O.L. Payne's property from M-1 to R.A. I need the following information: 1. When the property in question was zoned M-1 �1/910, 2. 'Who requested such M-1 zoning. 0, L, ha.rhe- 3. The reason for the request. To -�koF •(vc well c}.rllrnr (7L(17 &41, 4. The zoning of adjoining land. a1F1 I To. ule�r dNv $oH CgEE ATraclrcial rZA T-0 NoF--,al 5. Whether the owner would agree to such downzoning. 6. What, if any, improvements to the property that would constitute a vested interest for the current owner. In any event, it is doubtful this land could be downzoned unless the current owner requested or consented to such downzoning. Since , Lawrenc R. Ambrogi cc: Kenneth Y. Stiles, Chairman, Board of Supervisors 0 i JOHN RILEY PLANNING DIRECTOR xe k (2vnitlV i9eartnuilt of 15ta trait nu'III �- � P. O. BoX 601 9 COURT SQUARE WINCHEBTER, VIRGINIA 22601 June 13, 1980 Mr. 0. L. Payne Route 7, Box 345 Winchester, Virginia 22601 Dear Mr. Payne: firm the Board of Supervisors action This letter is to con at their meeting of June 11, 1980 as follows: of 19 acres, presently zoned Approval of Rezon�no unity, to M-1, Industrial -Limited. MH-1 Mobile Home of 1.205 acres, presently zoned Approval of Rezoning to M_1 Industrial -Limited. A_2, Agricultural -General, If you have any questions, please do not hesitate to contact our office. JRR:bjs Sincerely, J hn R. Riley, Dir ctor 703/662-4532 0 Roger Koontz, Will L. Owings, William H&ker, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. ZMAP 4 003-80 - DONALD D. STOKES - SHAWNEE DISTRICT - DENIED Mr. Riley presented the rezoning request of Donald D. Stokes to sell pre- fabricated utility buildings off a vacant lot and stated that the Planning Commission recommends approval of this request. Mr. Stokes appeared before the Board in support of his request and stated there would be no water or sewer inasmuch as he did not require it for this business. He added that there would not be an increase in traffic flow to any great extent and that within one lot of his location the zoning is B-2. Mr. Malcolm stated that he had reviewed the records since 1976 when this property came before the Board for rezoning to B-2 by another party and there was considerable opposition. He added that he agreed with the staff comment about highway access and also concurred that it is a continuance of strip develop- ment. lie noted that he felt the two biggest concerns were that it does not meet health requirements and for the Board to rezone it on the assumption water and sewer would be there any time soon would be wrong, and second the proposed use seems to be satisfactory but once it is rezoned anything can go in there. He added that he therefore felt it would be illadvised for the Board to consider the rezoning at this time mainly because of a matter of consistency. Mr. Stiles stated that it would appear to him that this request would be self-limiting inasmuch as Mr. Stokes could not build a structure on the property which could house employees or be open to the public if he could not obtain water and sewer. He noted that Mr. Stokes has Highway Department approval for access to the road which he felt would be upheld in the courts. Mr. Hugh Price appeared before the Board and stated that the shrubbery which might cause a problem with site distance is located on the state right-of- way which the Highway Department is responsible for mowing. Mr. Charles Courtney appeared in opposition to the request and stated that the situation in this area has not changed since 1976 and if anything the traffic problem is worse. He added that the entrance is certainly not a safe one. Mr. Stiles advised that the Planning Commission had not heard any opposition from the neighbors. He stated that he did not feel it would harm the neighbors and the applicant had Highway Department approval. He noted that Mr. Stokes would lease the property to Mr. Fowler to operate the business. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the rezoning request of Donald D. Stokes to rezone 1.144 acres from R-1 to B-2 in Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. ZMAP f005-80 - 0. L. PAYNE - MH-1 TO M-1 - STONEWALL DISTRICT 19 ACRES APPROVED Mr. Riley presented the rezoning request of O. L. Payne to rezone 19 acres from MH-1 to M-1 and read the reviewing agencies evaluations. He stated that the Planning Commission recommended approval of this request. Mr. Payne appeared before the Board in support of his request. Mrs. Nancy Yost appeared and requested clarification of the road access contained in this rezoning request as it related to her mobile home park. Mr. Payne explained the plan to her satisfaction. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, i Virginia, does herein approve the following rezoning petition on third and I final reading: ZONING MAP AMENDMENT PETITION NO. 005-80 OF O. L. PAYNE, ROUTE 7, BOX 345, WINCHESTER, VIRGINIA, REQUESTING THAT 19 ACRES ON ROUTE 11 NORTH NOW ZONED MOBILE HOME COMMUNITY (MH-1) BE REZONED INDUSTRIAL LIMITED (M-1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER SECTION I) 44, PARCEL D IN THE STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and Kenneth Y. Stiles. Nay - R. Thomas Malcolm and Rhoda W. Maddox. I ZMAP 1004-80 - O. L. PAYNE - A-2 TO M-1 - 1.205 ACRES - STONEWALL DISTRICT APPROVED Mr. Riley presented the request of 0. L. Payne to rezone 1.205 acres from A-2 to M-1 in the Stonewall Magisterial District and read the reviewing agency comments. He stated that the Planning Commission, by a tie vote, recommended denial of this request. Mr. Payne appeared before the Board in support of his request and stated that he wanted to be in the proper zone for the operation he is conducting on the property. He noted that he had not had any complaints from residents in the area. Mrs. Maddox and Mr. Malcolm expressed concern regarding the necessity for i consistency in County zoning and the need to follow the comprehensive plan. Mr. Stiles stated that he agreed that the County zoning should be consist- i ent but he felt this particular case was recognizing reality. There was no opposition. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following rezoning request on third and final reading: ZONING MAP AMENDMENT PETITION NO. 004-80 OF O. L. PAYNE, ROUTE 7, BOX 345, WINCHESTER, VIRGINIA, REQUESTING THAT 1.205 ACRES ON ROUTE 11 NORTH NOW ZONED AGRICULTURAL -GENERAL (A-2) BE REZONED INDUSTRIAL LIMITED (M-1). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER SECTION 44, PARCEL 57, IN THE STONEWALL MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - i S. Roger Koontz, Will L. Owings, William If. Baker and Kenneth Y. Stiles. Nay - Rhoda W. Maddox and R. Thomas Malcolm. CUP f004-80 - ERNEST C. LAYMAN - OPEQUON DISTRICT - APPROVED Mr. Riley presented the conditional use permit request of Ernest C. Layman and read the reviewing agencies comments. He stated that the Planning Commiss- ion recommended approval of this request with conditions. Mr. Layman appeared before the Board in support of his request. There was no opposition. Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox, s Commission Minutes 6/4/80 .There being no opposition, Mr. Stiles made a motion to !this rezoning request. This was seconded by Mr. DeHaven. hir. Brumback commented that adjacent landowners need to be as well as a man's right to conduct his business. Mr. Stiles pointed out that because of setback lines on this largest structure that could be constructed would be in the hood of 150' long by 80' to 100' wide. Chairman Gordon noted that this is still an island of zone within residential and questioned what is good zoning 9. Chairman Gordon next called for the question and the YES - Messrs. Kirk, DeHaven, Stiles NO - Messrs. Golladay, Brumback, Gordon UOLVED, that the Planning Commission, by a tie vote, recommends of the Rezoning Request No. 004-80 of 0. L. Payne to the Board Nbi 19.0 visors . /4° --------------------- c Map Amendment Petition No. 005-80 of 0. L. Payne, requesting ;;zoned MH-1 be rezoned M-1, in the Stonewall Magisterial District. ACTION - Recommend Approval The Secretary first gave background information noting that ng would be in conflict with the existing land use in the area. Mr. 0. L. Payne came forward and explained that he would like a shop for the well drilling business on this parcel. Mr. Stiles pointed out the area on a visual aid, noting that ;rea number of parcels zoned M-1 in the area. Chairman Gordon next called for any one in opposition. There being none, Mr. Stiles commented that he had been in 64CA with most of the property owners in the area and found no one in opd�����n Lion. Mr. Stiles also noted that this piece of property is a /031cq/ 1056 _9_ 6/4/80 Commission Minutes I TO 9 lace to expand. Mr. Stiles next asked if it might be wise r,Payne to divide the parcel according to the zoning. M. S� 1e it Aso expressedthat he felt it was better to have this than �?a1'%er5 are in this a Mr. Gordon's question, Mr . Payne explained thatreGSe- -� In answer to islost due to the wet areas and, therefore, the 19 acres is / a motion to recommend approval of this rezoning / ?ofrest ,Ir. Delia ven made This was seconded by Mr. Stiles. //�'' ' �1r. Golladay added that he looks at this piece differently TriG n � this is not a nonconforming use and h°LCuuS2 ;i does the first piece since Mobile Home L- it is zoned 7o �e cised 1-1r. Brumback commented that he prefers rezoning just what is r, Chairman Gordon next called for the question and the vote is YES - Messrs. DeHaven, Stiles, Golladay, Kirk ;as NO - Mr. Brumback a majority vote, :SOLVED, that the Planning Commissirovabyof the Rezoning Request app 1`!'r �.ds to the Board of Supervisors 3, •80 of 0. L. Payne. ----------------------------- !a Amendment Petition No. 006-80 of 84 Lumber Company, requesting P Stonewall Magisterial ;:s now zoned B-2 be rezoned B-3, in the ACTION - Tabled until June 18, 1980 background information. The Secretary gave g 1r. Charles Moore and Mr. Dave Darchuk of 84 Lumber Company I !;r„ard and introduced themselves to the Commission. t k 1057 1 Zoning Amendment No. t���_�Q M� Application Date APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICK, VIRGINIA TO THE PLANNING COLLN24ISSIOZI 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 FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located TL f 'lr c' V ✓ ^1; It has a frontage of feet and a depth of /y'•�;;, feet and consists of 17 cres. 2. The property sought to be rezoned is owned by d , L I)rlili E as evidenced by deed from recorded in Book Page - Registry of County of �. This property is designated as Parcel No. on Tax Map No. — /7 (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 _/%l ia- �/ f f, :1 ' ;«.rr _cam: �y TO 4. It is proposed that the property will be put to the following use: 5. It is proposed that the following buildings will be constructed: 6. The following are all of the individuals, firms, or corporations d%hing 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.) NAME Numbers COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARCEL TAX MAP bI c .1 dip f A0 g 'TA ' 19 (NOTE: Information may De oDLaineu LLULLL UIM I__- _._. ______, 7. The following information is attached to support this application (Use additional pages if necessary.) 8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, � Box, Etc. NUMBERS . ) IV�M.(/� Y ::t ✓ f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval F-1 Denial SECRETARY (signed) (litttid le� 'A BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) dApproval E-1 Denial COUNTY ADMIN. (signed) r-ebi irk �LT�tZt 3Dyarti218nd of ]'�Ianlliug wl��' P. O. Box 601 JOHN RILEY 9 COURT SQUARE PLANNING DIRECTOR WINCHESTER, VIRGINIA 22601 June 13, 1980 Mr. 0. L. Payne Route 7, Box 345 Winchester, Virginia 22601 Dear Mr. Payne: This letter is to confirm the Board of Supervisors action at their meeting of June 11, 1980 as follows: Approval of Rezoning of 19 acres, presently zoned MH-1 Mobile Home Community, to M-1, Industrial -Limited. Approval of Rezoning of 1,205 acres, presently zoned A-2, Agricultural -General, to M-1 Industrial -Limited. If you have any questions, please do not hesitate to contact our office. JRR:bjs Sincerely, J hn R. Riley, Dir ctor 703/662-4532 Rezoning Amendment No. 005-80 0. L. Payne MH-1 to M-1, 19 Acres Location: West side of Route 11 North in the Stonewall Magisterial District. (See attached map.) Adjoining Land Use & Zoning: Vacant land use and Mobile Home zoning. Proposed Use & office building for well drilling Improvements: Construct shop and business. Review Eva�tions: Frederick -Winchester Health Department - No objection. Va. Dept. of Highways and Transportation -No objection. Department of Public Works - No objection. Specific requirements will be noted on site plan when submitted. Department of Inspections Structures must conform to requirements of Use Group I and section 416.0 of the Virginia Uniform Statewide Building Code. Specific requirements will be noted on the plans. Zonin - Location is unsuitable for M-1 zone due to close proximity of Mobile Home District and existing residences. Planning - Industrial location in this area is not in conformity with Comprehensive Plan for Frederick County and is not compatible with surrounding land uses. There is also possible encroachment into the flood plain area. Staff Recommendation: Denial. This application for rezoning should be denied for the following reasons: 1. Not in conformity with Comprehensive Plan for Frederick County. 2. Would be in conflict with the existing land use in the area. 3. Possible encroachment into flood plain areas. Rezoning 005-80 Page 2 Plannin Commission Recommendations: The Planning Commission, by a majority vote, recommends approval of this rezoning request, suggesting that parcel D be subdivided to reflect the 19 acres being requested for rezoning. Zoning Amendment No. Application Date 1' 0---r-'O APPLICATION FOR REZONING 1 . . . . . . . . . . . . . . . COUNTY OF FREDERICK, VIRGINIA TO THE PLANNING COMMISSION 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 FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located -572= phc'xJ<So•J 10 VA, It has a frontage of feet and a depth of /J'?4,6J feet and consists of acres.: 2. The property sought to be rezoned is owned by d L Pi4�ilJE' as evidenced by deed from recorded in Book Page `� '] , Registry of County of This property is designated as Parcel No. on Tax Map No. -�/ �/ "cA ) (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 /ii Zf TO =7c/cy'G4 S•C .-F / L r� j 4. It is proposed that the property will be put to the following use: 5. It is proposed that the following buildings will be constructed: N 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 property sought to be rezoned: (Use additional pages if necessary.) NAME Numbers COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARCEL' TAX MAP a ��� J, Da Cc .S'T_W,1N-'7)nJ 1,14. b Gn1it �CJ' �"��lC%� [7 47' i !� d Z_,4 ' "1 �iF� /7.%S(7C. i !i T l'S ✓ ! / — f,A) 1 1/ lc� . '.1 f L. ;07 r o e t 41 1/ g JAc_ k', W A,-i p l e(e n t W n , G�Q•`a n'�-' Yle• /; ge - ,� f, ( �.v,'�v�;� � try. ?V.d. (NOTE: Information may De ontalnea =rom zne u-Lj_L :u Vl LtiG l_VILULL 5J1 V11Ct vL ncv caauc., 7. The following information is attached to support this application PIA) 7 r -(Use additional pages if necessary.) 8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. }1� SIGNATURE OF APPLICANT: J 'i MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc. NUMBERS.) e f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 0 Approval F-1 Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval F-1 Denial COUNTY ADMIN. (signed) `� C 0 0 Rezoning Amendment No. 005-80 0. L. Pa ne MH-1 to M-1, 9 Acres Location: West side of Route 11 North in the Stonewall Magisterial District. (See attached map.) Adjoining Land Use & Zoning: Vacant land use and Mobile Home zoning. Proposed Use & Improvements: Construct shop and office building for well drilling business. Review Eva9uations: Frederick -Winchester Health Department - No objection. Va Dept of Highways and Transportation -No objection. . Department of Public Works - No objection. Specific requirements will be note on site plan when submitted. Department of inspections -- Structures must conform to requirements oT Use Group I and section 416.0 of the Virginia Uniform Statewide Building Code. Specific requirements will be noted on the plans. Zoning - Location is unsuitable for M-1 zone due to close proximity of Mobile Home District and existing residences. Planning - Industrial location in this area is not in conformity with Comprehensive Plan for Frederick County and is not compatible with surrounding land uses. There is also possible encroachment into the flood plain area. Staff Recommendation: Denial. This application for rezoning should be denied for the following reasons: 1. Not in conformity with Comprehensive Plan for Frederick County. 2. Would be in conflict with the existing land use in the area. 3. Possible encroachment into flood plain areas. Rezoning 005-80 Page 2 Planning Commission Recommendations: The Planning Commission, by a majority vote, recommends approval of this rezoning request, suggesting that parcel D be subdivided to reflect the 19 acres being requested for rezoning. 00 This is to certify &t the attached corresponoce was mailed to the follow- ing on from the Office of Planning and Development, Frederick ounty, Virginia: 0. L. Payne Route 7, Box 345 Winchester, Virginia 22601 H. J. Dyke Stephenson, Va. 22656 Donald Gene Hart Stephenson, Va. 22656 Easy Living Associates Stephenson, Va. 22656 William 0. and Brown Lovette 2641 Valley Avenue Winchester, Virginia 22601 Mr. Rodger L. Timbrook Stephenson, Virginia 22656 Mr. Jack K. Wampler Stephenson, Va. 22656 Loring J. Wright 342 W. Whitlock Avenue Winchester, Virginia 22601 Jo n R. Riley, Dire for Planning and Development STATE OF VIRGINIA, i OF �% p , TO -WIT //c.�i�P�1 i_r/"� a Notary Public in and for the State and aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated 1980, has personally appeared before me and acknowledged the same in my State and Given under my hand this .5- /u ;!- aforesaid. day of My Commission expires 5F •SI �xCI��'Z tCEt �.Lixltn��l �Deyart nen# of J�Iantttttg anl p6elnvaltent P. O. Box 601 JOHN RILEY 9 COURT SQUARE PLANNING DIRECTOR WINCHESTER, VIRGINIA 22601 June 5, 1980 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: 0. L. Payne Rezoning for: Rezoning from Mobile Home Community (MH-1) to Industrial -Limited (M-1) for a welding and well drilling repair shop. The rezoning request will be considered during the Frederick County Board of Supervisors meeting at 7:00 p.m., June 11, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may trend this meeting. Since rely, J hn R. Ri1e �irector Y JRR:bjs 703/662-4.532 (COUNTY OF FREDERICK - P.O. BOX 225 WINCHESTER, VIRGINIA 22601 D 5 CODE 0044-01-000-000 PAYNF, 0. L. E RLITu . W `J DESCRIPTION pR.CF1 l ACR l �G3X uG PAYNE, 0. L. &RUTH ROUTE 7 BOX 345 141INCHESTER7 VA. 22601 I REAL ESTATE-1979 TICKET NO. 35967 VALUE RATE I TOTAL TAX 257102.60 668,46 3 -R�.3 1! -. b, 1 ` TOTAL TAX DUE 668.46 PENALTY INTEREST TOTAL DUE DATE DUE DEC. 5, 1979 DOROTHY B. KECKLEY, TREAS. ........ ... BOOK 381 PAGE 227 0 (J 00 a'LEE A. EBERT CERTIFICATE No. eta pC I J, 484 I)o 2 C) ® d ton % I A D V cr W J 0 t 0 1.53 Ln Ac. M 06.,10, Ln 's .9,0 40 15-0 AC. 47,32 Ac'. 0 0 917 00 Soo 20 -0 -j J c� N 30.0 00 rn CZ) 0 '74 CnO40 44C /YV td 0 _� �� \ /air © a 4 ar V u (1) to C�k (9/ 0,9 q BMB: js 2088C 8-12-71 ,L(CH t1; AND BUT"Il ATTOMMvn AT T.A%1 N11nic11roTr.11. VA. 112001 11 60UT11 CAUKAOtt IITnCIT JG2�� 9c �5 ITU11RF1� T. i :(FYI .t�, �TU� . TO< . DEED 0 L o ' PAY1 0 ET UX NO, AC 35 THIS DEED, x-rAade and dated this 91st day of August: , 1971 b and between HERMAN �, DYKE and DOROT`HY V. DYKE, his wife, 9 Y . parties of the first put, i6reinafter called the Grantors, and O. L. PAYNE and RC1Tll B. PAYNE, h "r.fe, parties of the second part, hereinafter y . called the Grantees. WITNESS iTUX*.',That for and in consideration of the sun of Ten Dollars ($10. 00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, jointly, as ,tenants by the entirety with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, hi8 o_C her heirs or assigns, all of those certain lots or parcels of land, together with all improvements thereon and the appurtenante� ` thereunto belonging,; lying.,md being situate in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described as ' Parcel B, Parcel Ca and Pai cel D, on the plat and survey, drawn by Lee Ao Ebert, C. L. S. , dated July 15 1971, attached hereto, and by this reference, j made a part hereof, containing 92.32 acres in the aggregate, and being a ! portion of the same rand conveyed to Herman J. Dyke and Dorothy ` . Dyke, � t his wife, by deed dated 1:,' eb-cuary 10, 1959' from Clarence W. Hause:nfluck and prances R. Hausenfluck, his wife, of record in the Clerks Off7ce•of the Circuit Court of Frederick County' Virginia, in Deed Book 256 at Page 970 . Reference is made to the aforesaid flat and deed for a more particular description of the property herein conveyed. The Grantors herein :reserve a right of way over Parcel D Iae�: ein conveyed, for the Iaurposo, of ingress and cg-resr, to the Spring located a j 1 , 4, Ljcjr�nn AND BUT] AT r-A' VA. I rotJ711 CAMMWI f'Tl EAU, shoe distance Northwest of r c ol A o,"Id -K101't Of way 1-9 further described , tjjc(jwc).jjjjg aforesaid Parcel A as the most direct route frORI I ).ocate'd on the to the aforesaid Spring located on rj-aj(). Parcel D'. This conveyance is made sttbJect to all casements, rights of way and restrictions of record affecting snid realty. The Granto-Cs covenant thcit they have the rig -ht to convey to the Grantees; that the Grantee,,, Shall hav0, Vic't and peace I able possession of the said property, free from all liens OAIcj on.cum'brancesop and they will grant such further assurances of title as may be requisite. WITNESS the following Big,naturcB andseals: • (SEAL) DYI—M V (SEAL) I Y KE STATE OF vIRGINIA CnU OF a Notary Public In and for the o' hereby,cortify that HERMAN DYKE State and 0 n -1, aforosaid.'',:-Cl and DOROTHY V. DYKE, his wife Yvhose names are signed to the foregoing ate of 1971, have personally appeared Deed, bearing 0 aforesaid. ed before me and acknowl ged the sarfic In My State an4 undo Given under nay hand this 1,1 day of 1971. My Coma-D'ission expl-�cs. air 13 f OU Tc S3 0.39'4,,, 0a. S0, W 'A3 j m OD I �Li as 0 V) �•,.-..�.. -�.� .•�w�.+.uw u...rsu+.wv ...+ 1r+W+w...«rr w4• .........r......w..•.+rw...wa....m......ti.K.a,w.ww H+r.�Y�+wvyurv++.w.ue�ru-� F BOOK j -L FACE ij�ALT'1t O� :4,LEE A. EE�RT ' -...-_VRINFiCATE No. a • OVA 484 Ld 0)0 9.Z� �. �,�� LAND u) , 28 S40.3g� 1p40q� e� 5 4.�0 46�W t1� 3p (n lea, 906- 40, N4pr3Q,4g�E , • c� AC. 4 ej ry4003g��46„ _ 1Z3 9 Og.- 14 i all "/N r� z 9 e�, 5 AV 4Re t COOP 9 i it This is to certify that the attached correspondence was mailed to the following on May 16, 1980 from the Office of Planning and Development, Frederick County, Virginia: Mr. 0. L. Payne William 0. & Brown Lovette Route 7, Box 345 2641 Valley Avenue Winchester, Virginia 22601 Winchester, Virginia 22601 Mr. H. J. Dyke Mr. Rodger L. Timbrook Stephenson, Virginia 22656 Stephenson, Virginia 22656 Mr. Donald Gene Hart Stephenson, Virginia 22656 Mr. Jack K. Wampler Stephenson, Virginia 22656 Easy Living Associates Mr. Loring J. Wright Stephenson, Virginia 22656 342 W. Whitlock Avenue Winchester, Virginia 22601 DEPA RENT OF LA ING AND DEVELOPMENT BY �- STATE O VIRGINIA, J hn R. Rilley, Dir ctor OF �(/� a �PQ C k , TO -WIT a Notary Public in and for the State and aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated / , 1980, has personallyalv' appeared before me and acknowledged the same in my State and 1-71-7 aforesaid. Given under my hand this % day of 1980. My Commission expires 6� 4NT�ARY PUBLIC i '�eb.eZ irk (gauittV Dc-pa tutertt of J�Iannhtg ant'� e£�eLa�txtt�rt# P. O. Box 601 JOHN RILEY 9 COURT SQUARE PLANNING DIRECTOR WINCHESTER, VIRGINIA 22601 May 15, 1980 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: 0. L. Payne Rezoning for: Rezoning from Mobile Home Community (MH-1) to Industrial -Limited (M-1) for a welding and well drilling repair shop. The rezoning request will be considered during the Frederick County Planning Commission meeting at 3:00 P. M „ June 4, 1980, 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. JRR:bjs 703/662-4532 Sincerely, Jr hn R. Riley, Dir ctor n /65'e I • Zoning Amendment No. Application Date APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICK, VIRGINIA TO THE PLANNING COMMISSION 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 FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located It has a frontage of 17 1.-� feet and a depth of and consists of / % acres. 2. The property sought to be rezoned is owned by Z}r[_ PA —fA as evidenced by deed from recorded in Book ? ? % , Page %„°Z % Registry of County of E= r) trro This property is designated as Parcel No_ on Tax Map No. (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) M 3. It is desired and requested that the foregoing property be rezoned: j I FROM — /06.) �' Gave '� �b�M:.9'� TO 4. It is proposed that the property will be put to the following use: .'/./,' Si! c 5. It is proposed that the following buildings will be constructed: I / Gr a► 6. The following are all or the individuals, firms, or colorations owning 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.) NAME Numbers COMPLETE MAILIN ADDRESS (Street, Route, Box, Etc. NOS.) TAX MAP /7S •'' % ' ii,'+✓" Asso=' - ��s �- V;tea �?ssr_�c-:,� /'� I r :I - � ;') `VI/-�l' f' S ` �:,; .J, o-.J v� r i f" L' •CJ r J /YI f O J v W A Pvi v c .d - +-'kA nPf;eP nf the Commissioner of Revenue_) (NU-1'1:: 1.71LVL1uc1LiU1i 11—y — .-- ._- --- 7. The following information is attached to support this application d --f 0 /` i'/4 (Use additional pages if necessary.): (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc. NUMBERS.) r= r f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 0 Approval F-] Denial COUNTY ADMIN. (signed) BOOK 381 Pace 227 Rotj 30 W - o, 179•3230' u LEE A. EBERT 23 CERTIFICATE No. > c „A„ Cii 4$$ F ffl O 01 do O ©u ® to I �• ' LAN a c) in uz s .� Vvhlr4c tn a)tn AC• 1191. J0. 1 N . � 12 J, �, 906• 4®, cv 0 Q �°3 I e 4' v s m C) U) 1 � . S�1.9 O � � • N N4 • 00 s � 47 32 ACs� �r • cq Pd�3�l�'� —917 20 /CD '�0 o ® AC CD I cc 6 co ai CD o ° V. � x CD S s$ e O �i Roa o 1� 72• 63 Ai \C�o4® r t7 rv w � j 'Yo / U (1) CD m a �,o-�a 4