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HomeMy WebLinkAbout023-69 Kenray - BackfileM. C C w PT BEG. U. S, RT. NO. 522 IRON PI S 63 i40' 10" E- S 64 2 8 30 65.00' 64. 50' 0 z Q J CX W i- O IRON PIN I.1008 AC. ACMON S59.32 44. 61' N 63" 40' 10" W — 286.63' OTHER LAND MON. S �9• 53 Op,4A" 58_ 3.00 MON. IRON PIN 110 d The above Plat is a Survey of a Portion of the Land (Parcel "A") conveyed to J. Kenneth Robinson and Ray Robinson, Jro, trading as KENRAYs by Deed dated 5 July 1960 in Deed Book 264 Page 299. The said Land lies at the Intersection of Uo So Rto Noo 522 and Fox Drive - Rt. No* 739, just west of the City of Winchester in Gainesboro (formerly Stonewall) District, Frederick County, Virginia: Beginning at an iron pin in the Southern Fighway Boundary Line of U. So Rto No. 522, a corner to the Retained Portion, running with the three following Southern Highway Boundary Lines S 63a 401 10" E - 65.00 ft, to a concrete highway monument; thence S 640 281 30" E - 64.50 ft. to a concrete highway monument; thence S 590 321 36" E - 44.61 ft, to a concrete highway monument at the connection of the said Line with the Western Boundary Line of Rt. No. 739; thence with the two following connection lines S 290 031 00" E - 81053 ft. to a concrete highway mon- ument; thence S 800 121 00" E - 3.00 ft* to an iron pin in the Western Boundary Line of Rt• No. 739; thence with the said Line S 090 48, 00" W - 150.00 ft. to an iron pin corner to the Retained Portion; thence with the two following lines of the said Other Land N 630 401 10" W - 286.63 ft- to an iron pin; thence N 260 19, 50" E - 191.56 ft. to the beginning. Containing - - 101008 Acres. Surveyed - - - August 15, 1968. LAF A• EBERT Certif ied Land Surveyor, Comm. of Virginia # 4840 z 0IV -TA) G C �2 3 ►T. BEG. U. S. RT. NO 522 IRON PI 563 40'1011E - 64 28 30 65- 00' 64. 50' 0 a Q J _-AMON S59132'3 6 EE IA O N. 44. 61' S�9 8� 01?,� 580' 1 2` E _ 3—.000 N 63' 40' 10" W — 286- 63' OTHER LAND The above Plat is a Survey of a Portion of the Land (Parcel "A") :onveTed to J. Kenneth Robinson and Ray Robinson, Jrov trading as KENRAYjo by Deed dated 5 July 1960 in Deed Book 264 Page 290. The said Land lies at the Intersection of U, So Rto Noo 522 and Fox Drive - Rt. No. ?39, just west of the City of Winchester in Gainesboro (formerly Stonewall) District, Frederick County, Virginia: Beginning at an iron pin in the Southern Highway Boundary Line of U0 So Rt, No. 522# a corner to the Retained Portion# running with the three following Southern Highway Boundary Lines S 630 401 10" E - 65,00 ft0 to a concrete highway monument; thence S 640 281 30" E - 64050 fto to a concrete highway monument; thence S 590 321 36" F - 44,61 ft, to a concrete highway monument at the connection of the said Line with the Western Boundary Line of Rt. No. 7119; thence with t1-iy two following oonnoction lines S 290 031 00" E - 81053 fto to a concrete highway mon- ument; thence S 800 121 00" E - 3o00 fto to an iron pin in the Western Boundary Line of Ft. No, 739; thence with the said Line S 090 48t 00" W - 150000 fto to an iron pin corner to the Retained Portion; thence with the two following lines of the said Other Land N 6130 1�01 10" W - 286.63 ft, to an iron pin=_thence N 260 19',5o~ E - 191.56 ft, to the baginn a- r: ..1 ► 1 , 196 "',. zoN.�� � z3 MASSIE &. SNAP-R. ATTORNEYS AT LAW WINCH ESTER,VIRGINIA J05EPH A MA551E.JR. 31 S. ©RADDOCK STREET TELEPHONE GEORGE G SNARR,J R. AREA CODE 703 April 10, 1969 667-1096 Mr. Thomas B. Rosenberger, Chairman Frederick County Board of Supervisors c/o Mr. George B. Whitacre, Clerk Winchester, Virginia 22601 Dear Mr. Rosenberger: The following is a report of the Frederick County Planning Commission. The Planning Commission held a public hearing on April 9, 1969, to consider (1) the petition of J. Kenneth Robinson and Ray Robinson, Jr., trading as Kenray, the original of which is attached hereto; (2) the petition of S. Blaine Wilson, a copy of which is attached hereto; and (3) the petition of T. G. Adams in the nature of a letter from E. Eugene Gunter and the Proposed Preliminary Draft of Protective Covenants and Deed Restrictions and Plat. The Planning Commission unanimously recommends approval of the petitions of Kenray, a partnership, and S. Blaine Wilson, and the denial of the petition of T. G. Adams. Very truly yours, Joseph A. Massie, Jr., Secretary Frederick County Planning Commission JAM/ds 0-2 TO: The Honorable Supervisors of Frederick County, Virginia and Members of the Planning Commission. Your Petitioners, J. Kenneth Robinson and Ray Robinson, Jr., respectfully petition the Board of Supervisors and members of the Planning Commission as follows: 1. Petitioners are owners of a certain lot of land located in Gainesboro (formerly Stonewall) District, Frederick County, Virginia, situate on the Southwest corner of the interesection of Virginia Secondary Highway No. 739 (Fox Drive) and U. S. Route No. 522, and containing 1.1008 acres. A more complete description of said land is contained in that certain plat and survey of Lee A. Ebert, C.L.S., dated August 15, 1968, which is attached hereto and incorporated herein by this reference. Said lot is part of a larger tract containing approximately 11 acres acquired by the Petitioners by deed dated July 5, 1960, recorded in the Clerk's Office, Circuit Court of Frederick County, Virginia, in Deed Book 264, at page 299. 2. Petitioners believe that the referenced tract of land is zoned for Agricultural Use, Limited, being within Zone A-1. 3. Your Petitioners allege that the development of the area in question and particularly the new construction of U. S. Route 522 and the traffic volume thereon has rendered the subject land unsuitable for use within those described for Zone A-1 of the Zoning Ordinance of Frederick County, but highly desirable and suitable for commercial uses permitted by Zone B-1, including use as an automobile gasoline service station. 4. The amendment of the Frederick County Zoning Ordinance as it affects Petitioners said land, from A-1 to B-1, was the subject of action recommended by the Frederick County Planning Commission on November 6, 1968, and was approved and adopted by the Board of Supervisors on December 9, 1968. Your Petitioners believe and therefore allege, however, that the public hearing before the Planning Commission was not advertised in accordance with the requirements for public notice set forth in Section 15.1-431, Code of Virginia, 1950, as amended in 1968, the effect of which was to invalidate the recommendations of said Commission and all subsequent actions taken on Petitioners' request. 5. Accordingly, your Petitioners respectfully resubmit their request that the Frederick County Zoning Ordinance be amended and that Petitioners' said land be rezoned from Zone A-1 tc Zone B-1, to include uses permitted thereunder, including use as an automobile gasoline service station. 6. Petitioners believe that such change would be in the best interests of all concerned and in accordance with reasonable, sound zoning and land use practices. They appreciate the time, effort and attention given by the Board of Supervisors and the Planning Commission to this matter in the past and that which will be given to this resubmission. 7. Your Petitioners respectfully request that, in rescheduling action to be taken on this matter and planning the public hearings to be had thereon, consideration be given to, if possible, holding a joint public hearing by both the Commission and the Board, after proper advertisement by the Board of Supervisors. Your Petitioners believe such action is authorized under the provisions of Section 15.1-431 as referenced above, would eliminate one meeting and speed the conclusion of action on this matter. Respectfully, January 30, 1969 0 Z3 PT BEG. U. S. RT. NO, 522 NO IRON PI �� N N NON. S 63 40 10 ' E - S 64 28 30 E - S59 3236 'E 65.00' 64. 50' 44. 61' Z�_. 6� 03 53.00 0 0 , W I. 1008 AC. N 63' 40' 10" W — 286.63' OTHER LAND S 80� 3.00 ON. IRON PIN d � O The above Plat is a Survey of a Portion of the Land (Parcel "A") conveyed to J. Kenneth Robinson and Ray Robinson, Jr., trading as KENRAY, by Deed dated 5 july 1960 in Deed Book 264 Page 299. The said Land lies at the Intersection of U. So Rt. No. 522 and Fox Drive - Rt. No. 739, just west of the City of Winchester in Gainesboro (formerly Stonewall) District, Frederick County, Virginia: Beginning at an iron pin in the Southern Highway Boundary Line of U. So Rto No. 522, a corner to the Retained Portion, running with the three following Southern Highway Boundary Lines S 630 401 10" E - 65.00 ft* to a concrete highway monument; thence S 640 281 30" E - 64.50 ft, to a concrete highway monument; thence S 590 321 36" E - 44.61 ft, to a concrete highway monument at the connection of the said Line with the Western Boundary Line of Rto No. 739; thence with the two following oonnoetion lines S 290 031 00% E - 81.53 fto to a concrete highway mon- ument; thence S 80o 12t 00" E - 3o00 fto to an iron pin in the Western Boundary Line of Rt. No. 739; thence with the said Line S 090 48, 00" W - 150.00 ft. to an iron pin corner to the Retained Portion; thence with the two following lines of the said Other Land N 630 401 10" W - 286.63 ft. to an iron pin; thence N 260 19' 50" E - 191.56 ft. to the beginning. Containing - 1.1008 Acres. Surveyed - - - August 15, 196,8- LEE A. EBERT, Certified Land Surveyor, Commo of Virginia # 4849 -1 JRNYV FOR THE COMMONWEALTH E. EUGENE GITNTER THE RENT BUILDING 4YINC-IESTER. VIRGINIA 22001 AREA CODE 703 TELEPHONE 667.4049 COMMONWEALTH OF VIRGINIA February 21, 1969 COUNTY OF FREDERICK Joseph A. Massie, Jr., Esquire Secretary of Frederick County Planning Commission 31 South Braddock Street Winchester, Virginia ASSISTANT ATTORNEY FOR THE COMMONWEALTH DENJAMIN M. BUTLER 20 ROUSS AVENUE WINCHESTP.IF, VIRGINIA 22601 AREA CODE 703 TEI.EPnoNE 663-3486 1 R� Re: ;Application of J. Kenneth Robinson, et al, to rezone 1.008 acres of land on the Southwest Corner of the intersection of Virginia Secondary Highway No. 739 (Fox Drive) and U.S. Route 522 in Gainesboro District (formerly Stonewall District) of Frederick County, Virginia Dear Joe: At the meeting of the Frederick County Board of Supervisors on Monday, February 10, 1969, the Petition and Plat andSur- vey of J. Kenneth Robinson, et al, in reference to the re- zoning of the above -captioned real estate was presented and referred to the Frederick County Planning Commission. T call your attention to the letter of Kay Robinson, Jr. of February 1, 1969, which was directed to you as Secretary of the Frederick County Planning COI! -mission. As a result of the flaw in the advertising of thy: Notice of Public Hearing before the Frederick County Planning Commission, the Petition for rezoning of the above -captioned land was resubmitted because the prospective purchasers felt that the rezoning had not been accomplished. You should have a copy of the Petition and 'Plat and Survey as it was enclosed with Yr. Robinson's letter of February 1, 1969. The Board has, therefore, directed to advise you that this matter has again been referred to the Plan- ning Commission; to ask that the Planning Commission properly advertise and hold a public meeting; and to mace the recommendations of the Frederick County Planning Com- misslon known to the Board by sending a letter to me as attorney for the Board with a copy to George B. �vhitacr�:, Clerk of the Board. D?_3 -2- Thank you for your co-operation. Sincerely yours, E. Eugene Gunter EEG/yh cc: Mr. George Whitacre Enclosures: Copy of the Petition for Rezoning Copy of Mr. Robinson's letter of Feb. 1, 1969, to Mr. Massie Copy of Mr. Robinson's letter of Feb. 1, 1969, to Mr. Whitacre Copy of Mr. Whitacre's letter of February 4, 1969, to Mr. Germelman Copy of Mr. Germelman's letter of February 7, 1969, and attachments to Mr. Whitacre .2 _ Q—P.P y. RAY ROBINSON, JR. 809 SOUTH STEWART STREET WINCHESTER, VIRGINIA i;'cbru�ivy 1 r 1969 %.lr• Jor3oph A. Masoio Jr. ~erectly. �he Frederick County Ploxin.ing 31 S. Braddock Street, Winchester, V:i.rr?,AJi .a Dear ilr. Maosze: I wii writing you as attorney rzid ocaretary of The 1r'rodorick County Planning Ct,mIUriLijon. T £uu advised by Mr. 0,arle. Goxvicli.,ian tl4at roiutive. to the requeot for a change of zoning; of a parcel of° ltmd beloikrin.y to KE1 141IZAX (Parteniohip of J. E'enncti.z Robin ,on ruid 1Ztly IZob:i.zzson Jr.) there wax 3 an oraission in the (IdVertining Xor public hearing. N'.r. Gorme:l ann rrpx OC1,r1to' the part:i.eo irho ht:zve an Option to purchase this pa.rc,ol. 1 bolieve the enclosed potition tin(I csopy to tile; ,pinning coramisoion and ho Board of . Akpervioorr3 of 1?roder-J ok County is nolf expltvia.tory. xrua aending a 00py of this petition in tho hope tilat it u-;y oervc to haotc n approval by both bodiou to tlzc; fo:l_;l.ow:i.jiq;; 14r. Charles B wo.s -» Chairm=a of 0()unty :E'lal-In,in6; Colamiooion 1.1r. GoorZ;r, ;hitnore -- 8'ecrctnry of The Frc;dnrk Oouxity Board of 8uporviaoro Mr. Tom Rosenberger -» Chairlwan of Tho Frodori.ck County .Hoard of apervinoro Zf there are further questions, l( C1 (IQ .l"1f)t 11t1Ui'�,ttE? to Contact rIlrJ. ThtuA-c you for your attexit:i.oll to th;i.r, raiztt(�r. Sincerely yours, Ray Robinson Jr. RRJr/d RAY ROBINSON, JR. 809 SOUTH STEWART STREET WINCHESTER, VIRGINIA February 1, 1969 Mr. George Whitacre Frederick County Court House, Winchester, Virginia Dear Mr. Whitacre: I believe the enclosed copies of my letter to Mr. Massie and of our petition will be self explanatory. I hope that our request may again be granted. If I can do anything to hasten it's approval, please advise me. Sincerely, '= Ray;hobinson�_ .� RRJr/d P.S. Please take particular note of paragraph 7 of the enclosed petition 0 -2 .3 GEORGE B. WHITACRE, Ct_t ❑n (Elet-It'll Office �rTL`�C1'il'�2 �LT1111f11 Ll.11'l'llif �11111f 1!iox ;,73 11iiicltr�trr, �gir�jhlizl 22G0� February 4, 1969 ELLIOTT MARSHALL• JUDGE Carle F. Germelman, Jr. Graichen Bldg. Winchester, Virginia IN RE: Petition of J. Kenneth Robinson Dear Carle, for re -zoning vi Please specify the exact defect in the advertisement Cf Public Hearing before the Planning Commission pursuant to Section 15.1-431 of the Code of Virginia as now enforced, in reference to the above captioned petition. S cerely, George B Whitacre, Clerk GBW:jmd CC: Ray Robinson, Jr. IN 0 BURR P. HARRISON WILLIAM A. JOHNSTON CARLE F. GERMELMAN. JR. H. K. BENHAM III E LIZ ABETH B. JOHNSTON HARRISON & •JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 GRAICHEN BUILDING ' P. O. BOX BOD . February 7, 1969 TELEPHONE AREA CODE 793 667-1166 Honorable George'B. Whitacre, Cleric Circuit Court of Frederick County' Winchester, Virginia 22601 Re: Petition of J. Kenneth Robinson Dear Mr. Whitacre: I have your letter of January 1.41 1969. Attached to this letter are photocopies of Public Notices that were published in connection with the hearing before the Planning Commission and the Board of Supervisors. Sec. 15.1-431, Code of Virginia, 1950, as'amended,,Sec. 15.1- 493, Code of Virginia, 1950,' as amended in 1968 states =-_"The Commission shall hold at least one Public Hearing on such proposed ordiance.or any amendment of an ordinance, after.notice as required by Sec. 15.1-431..... Sec. 15.1-431 of the Code as amended in 1968 and effective July 1, 1968, sets out the requirements for advertisement of Public Hearings for amendments to zoning ordianoes. It states - "Every such advertisement shall contain a reference to the place or, places within the county or municipality where copies of the proposed . plans, ordinances or amendments may be examined." If you will -look at the attached photo copy of the advertisement of the hearing before the Planning Commission you will see that it does not contain such a,reference. I am of the opinion that this onjission had the effect of rendering illegal the hearing of the Planning Commission,the recommendations and everything that occurred in this matter.. Mr. Massie,, secretary and attorney for the Planning Commission and I, sat down in your office several weeks ago and went over this )natter. I showed him the newspaper advertisements. and the referenced statutes. - Upon consideration of the matters, he agreed with me and asked what Mr.. Robinson wanted=to do about the situation. 'I could only advise him that Honorable George B. Whitacre, Clerk -2 - Fej,auary 7, 1969 I would have to discuss this with Mr. Robinson but probably he would desire that the matter be resubmitted. Thank you for your assistance. Yours Iceiely, Carle F. Germelman, Jr. CFGOJR.:ljd Enclosures 2�/9) Q 2�_3 ,N&hCE OF PUBLIC HEARING: BEFORE FREDERICK COUNTY PLANNING COMMISSION ON NOVEMBER 6, 1968, AT 2:00 P. M. IN THE BOARD OF SU- PERVISORS ROOM,'FREDFRICK COUNTY OFFICE BUILDING, WINCHESTER, VIRGINIA Please take notice that the Plan- ning Commission of Frederick County, Virginia, will hold a public hearing at the above time and place, upon its recommen- dation for the rezoning of Route 522 from its intersection with Route 377, eastwardly and south- wardly to the City Limits of Winchester, Virginia, and upon Its recommendation that the southwest corner of the Inter - ,section of U. S. 622 and Fox Drive (Route 7..53) be rezoned from A-1 to B-1, according to the plat of Lee A, Ebert, dated October 19, 1966, for 1.1008 acres, FREDERICK COUNTY PLANNING COMMISSION BY: Joseph A. Massie, Jr. Secretary (10-23-30-2t) THIS IS THE ADVERTISEMENT THAT WAS RUN TO NOTIFY THE PUBLIC OF THE IVIEETING OF THE PLtiNNING COITviliISSION. IT IS INCORRECT. FOR COMPARISON, THIS IS THE NOTICE RUN TO ADVERTISE THE MEETING BEFORE THE BOARD OF SUPERVISORS. IT IS CORRECT. NOTICE The Board of Supervisors of Frederick County, Virginia, will held a public meeting on Mon. day, December 9, 1968, at 2:30 p.m. in the Board Room of the County Office Building, Win. chester, Virginia, toconsiderthe Petition of Kenneth Robinson and recommendation of the Planning ICommission of Frederick County Ito rezone approximately 1.008 acres, on the Southwest corner of the Intersection of U.S. Route No. 522 and Fox Drive from A-1 to B-1 for future use as a service station. The Petition and exhibits, if+ any, may be unintimn ts, tj e Clerk's Office of the Circuit Court of Frederick County, Vir. ginia. FREDERICK COUNTY BOARD OF SUPERVISORS By: George B, Whitacre, clerk (11 .20-27.2t)