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HomeMy WebLinkAbout028-69 Roy R. Boyce - Backfile♦Ci+,...T r.k. TUX C++VMI r'Vx4LTH Oc-2-01-' AMN TA WT A.rr()ILXBT •Or TM CO. Or'7r7Ai14 T Ills AF1 \L LLa�15 +: Anrn +." — -0,5 T.La",—ST. 1: r+ .. t n .1 u May 15, 1969 (-r>:►gMONWEALTH OF VIRGINI.A (;WI ITY Or YHHI.BRI( W J�?�4r. seorge B. Whi tacrd, Clerk i rederick �Iounty Board of 3uperv3 go.rs Frederick County OffiCa Building Winchester, Virginia Mr. Josaph A. Massie, Jr., Esquire secretary Frederick County Planning Commission 31 south Braddock 3traet Winchester, Virginia I.AWRiNCB W. AURROOI rsa ILRXT AMII.DIYO MIWVKMWT, r00Q1A 00401 Ara. eons 703 Tw1arl-frown 467.4049 RE: Application for Rezoning by Roy R. Boyce, at ux Dear Mr. Massie: I enclose herewith a copy of the petition and attachments of Roy R. Boyce, at ux in referen^u lz the rezoning of a piece of r9al estate in Frederick Co-ziTy, Virginia. This petition was referred to the Frederick County Planning Commission at the regular meeting of the Frederick County 3o and of 3upervi:3ors on Monday, May 12, 1969. Please proceed �cccrding to law. `thank ,+yr,.-J ror Tr.%ul, ct.,)f �r�e.lvii. BEFORE THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: IN RE: 15.00 Acres of land located on the East side of Route 11 and North side of Virginia Secondary Route 666 in Stonewall Magisterial District, Frederick County, Virginia, owned by Roy R. Boyce and Pearl V. Boyce, subject to contract of sale in favor of Robert E. Kelsoe PETITION FOR AMEMINM- ' OF ZONING ORDINANCE To the Honorable Supervisors of Frederick County, Virginia: Your Petitioners, Roy R. Boyce and Pearl V. .Boyce, his wife, and. Robert E. Kelsoe, respectfully state: 1. Petitioners, Roy R. Boyce and Pearl V. Boyce, are owners of that certain tract of land containing 15.00 Acres more particularly described on the plat and survey of Charles H. Kirkland, Certified Land Surveyor, dated April 6, 1969, attached hereto and incorporated herein by this reference. 2. Petitioner, Roy R. Boyce, has agreed to sell a larger tract of land of which the aforesaid land is a part to Robert E. Kelsoe by contract dated April 1, 1969. 3- Petitioners believe that the subject 15.00 Acre tract is zoned Agricultural, Limited, District A-1 under the existing Frederick County Zoning Ordinance. 4. Petitioner, Robert E. Kelsoe, intends to construct and operate upon the subject 15.00 Acre tract a packing plant and cold storage warehouse facility for the handling, care and storage of apples and other fruit and has been advised by the Commissioner of Revenue of Frederick County, Virginia, that a building permit for the intended use cannot be issued under the existing zoning. 5. Petitioners are advised and believe that the construction and operation of a packing plant and cold storage warehouse facility would be HARRISON 6 JOHNSTON ATTORNEYS AT LAW in the best interests of the citizens of Frederick County, Virginia, and in WINCHESTER, VIRGINIA keeping with good and sound zoning practice. HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA 6. Petitioners believe that nowhere in the existing Frederick County Zoning Ordinance is there a provision for construction of a cold storage warehouse facility in any part of Frederick County. This apparent oversight in the drafting of the Zoning Ordinance should be corrected. WHEREFORE, your Petitioners pray that the existing Frederick County Zoning Ordinance be amended to permit the construction and operation on the subject 15.00 Acre tract of a packing plant and cold storage warehouse facility for the care, handling and storage of apples and other fruit either by changing the zoning of the subject tract from A-1 to M-1 (if M-1 District permits packing plants and cold storage warehouse facilities) or such other amendment as may be appropriate to accomplish that purpose. R. Boyce / Pearl V. Boyce Robert E. Kelsoe HARRISON & JOHNSTON 25 East Boscawen Street Winchester, Virginia 22601 Counsel for Petitioners RECEIVED No too 6.1 Ac u �Totw`: av Amount Paid $ Balance Due $ 1 "THE EFFICIENCY© LING I f r N 0.13 dCYC f, `S, �� 0 5Ff � •f�' 2�6 ' •d. F 15.00 ACRES tv. ✓•P Lo 1/06 FOR 'jG' �• ��- MfR R� s P. N ON . 254 1 0' 0.' 2001 400' SCALE.- I"' = 200' 4 % �r Q REG. NO- ��,� 85&573 0 41 ND PLAT OF A SURVEY MADE FOR ROBERT E. KELSOE COMPANY OF A PARCEL OR TRACT OF LAND CONTAINING 15.00 ACRES, LOCATED IN STONFWALL V'AGIS— TERIAL DISTRI:T OF FREDERICK COUNTY, VIRGINIA, A13OUT ONE MILE SOUTH OF REST METHODI ST CHURCH ON THE EAST SIDE OF ,l.S. PRIMARY ROUTE i I. THIS IS A PORTION OF THE SAME LANDS CONVEYED TO Roy R. 3OYCE, SR ., BY TWO INSTRUMENTS, vIS, A DEED DATED DEC,EMBER 22, 195), FROM CROWELL RI CHARD 3CYCE RECORDED IN DEED BOOK 261, PAGE 237, AND AN CROER DATED MARCH 27, 1`967, IN THE MATTER OF BOYCE VS. -UwLES ET ALS, RECORDED IN DEED SOUK 33G, PAGE 079. THIS LAND 1 S MORE FULLY DESCR i+�ED BY A PLAT OF A SURVEY RECORDED IN DEED BOOK 122, PAGE 351. THE INSTRUMENTS RE- FERRED TO HEREIN ARE ALL RECORDED IN RECORDS OF THE CLERK OF THE CIR— CU I T .,,OUR T OF FR EDER 1 CK COUNTY, VI RG I N IA. SURVEYED BY SURVEYED: APR IL 8, 1')69 ,,HARLES i'i, KIRKLAND, C.L.`).