HomeMy WebLinkAbout059-71 Kenray - BackfileN67038'5311W U.S. ROUTE
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The above Plat is a Surtsey of a Portion of the Land ( Parcel "All)
conveyed to J. Kenneth Robinson and Ray Robinson, J'r.# trading as KENRAY,
by Deed dated 5 July 1960 in Deed Book 264 Page 299. The said Land lies
at the Intersection of U, S. Rto No. 522 and Fox Drive - Rt. Na 7390
just west of the City of Winchester, in Gainesboro (formerly Stonewall)
District, Froderick County, Virginia:
Peginning at an iron pin in the Western Boundary Line of Rt, 739,
a corner to the Retained Portion, running with the four following lines
of the said Other Land N 630 401 10" W - 286.63 ft. to an iron pin;
thence N 260 191 50" E - 159,75 ft. to an iron pin; thence S 630 421
20" E - 39o37 ft. to an iron pin corner to the RAI Parcel; thence with
the Southern Line of the said Parcel N 730 551 E - 47.32 ft. to an iron
pin in the Southern Highway Boundary Line of Rt, 522; thence with the
three f ollow int; Boundary Lines S 640 281 30" E - 55.19 ft. to an iron pin;
thence S 590 321 36" E - 44.61 ft. to an iron pin; thence S 290 031 E -
81,53 ft, to a concrete highway monument; thence S 800 121 E - 3,0 ft,
to an iron pin in the Western Boundary Line of Rt. 739; thence with the
said Line S 090 481 W - 15000 ft, to the beginningo Cont, - 1.059 Acres.
R/W Parcel - Boginnirvg at a concrete highway monument at the
Eastern End of Limited Access in the Southern Highway Boundary Line of
Rt. 522, a corner to the Retained Portion, running with the Eastern Line
of the said Other Land S 260 191 50" W - 30,0 ft, to an iron corner to
the 1.059 Acre Tract; thence with the Northern Line of the said Land
N 730 551 E - 47.32 ft. to an iron pin in the Southern Highway Boundary
Line of Rt. 522; thence with the two following; Boundary Lines N 640 281
30" W - 9o3l ft, to an iron pin; thence N 670 381 5311 W - 25.69 ft, to
the beginning, Containing - - 530,7
Surveyed - - September 9s 1970.
RIV Added &
Re -Survey - January 27v 19710 ,
Sq, t,
LEE A. EBERT,
Certified Land Surveyor,
Comm, of Virginia # 464,
i
PETITION FOR REZONING
TO: The Honorable Supervisors of Frederick County, Virginia and
Members of the Planning Commission.
Your Petitioners, J. Kenneth Robinson and Ray Robinson, Jr., trading as
Kenray, 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 intersection of Virginia Secondary Highway
No. 739 (Fox Drive) and U. S. Route No. 522, containing 1.059 acres. A more
complete description of said land is contained in that certain plat and
survey of Lee A. Ebert, C.L.S., dated January 27, 1971, which is attached
hereto and incorporated herein by this reference. Said land is a part of a
larger tract of land acquired by the Petitioners by deed dated July 5, 1960,
which deed is 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, Limited, A-1.
(3) Petitioners allege that the development of the area in question and
particularly the new construction of U. S. Route No. 522 and State Route No.
37 and the traffic volume thereon has rendered the subject land unsuitable
for use within those described for District Agricultural, Limited, A-1 of the
Zoning Ordinance of Frederick County, but highly desirable and suitable for
commercial uses permitted by District Business, General, B-2 including use
as an automobile gasoline service station.
(4) Petitioners, on three previous occasions, have petitioned the
Board of Supervisors and the Frederick County Planning Commission to have
the subject land rezoned from A-1 to B-1. On two occasions, the proceedings
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
concerning the rezoning requests were of doubtful validity because of
improper advertising in the first instance and an untimely public hearing in
the second instance. Upon the third application for a zoning change from
Agricultural, Limited, A-1 to Business, Limited, B-1, the Planning Commission
on April 10, 1969 recommended the rezoning change and such was approved on
April 28, 1969 and again on June 9, 1969 by the Board of Supervisors.
However, on this last occasion, the advertisement pertaining to the public
hearing before the Board of Supervisors notified the public that the change
would be from Agricultural, Limited, A-1 to "Business, Limited, B-2" instead
of "Business, Limited, B-1". The Board of Supervisors approved the rezoning
change from Agrucultural, Limited, A-1 to "Business, Limited, B-2". Because
there is no classification "Business, Limited, B-2", the Petitioners believe
and therefore allege that the effect is to invalidate the proceedings of the
Board of Supervisors and all subsequent actions taken on Petitioners' request.
(5) Petitioners have recently petitioned the Planning Commission and the
Board of Supervisors for a change in zoning from Agricultural, Limited, A-1
to Business, General, B-2, of 6.09 acres located adjacent to and on the blest
and South sides of the subject parcel. The subject parcel of land is bounded
on the North by U. S. Route No. 522 and on the Fast by Route No.739 (Fox
Drive). The subject parcel was not included in the foregoing petition because
it was believed by the Petitioners that such land was properly zoned Business,
Limited, B-1, which included use as an automobile gasoline service station.
The foregoing petition, asking that the 6.09 acres be zoned from A-1 to B-2,
is expected to be approved by the Board of Supervisors when they approve
the minutes of their February meeting.
(6) Because the land surrounding the subject parcel has been zoned
Businesq, General, B-2 (subject to the approval of the minutes of the Board
of Supervisors) and because the subject parcel iszoned Agricultural, Limited,
A-1, and because of the invalidity of prior proceedings, your petitioners
HARRISOH d JOHNSTON respectfully submit their request that the Frederick County Zoning Ordinance
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
- 2 -
os�
be amended and that Petitioners' land be rezoned from Agricultural, Limited,
A-1 to Business, General, B-2, to include uses permitted thereunder, including
use as an automobile gasoline service station.
(7) Petitioners believe that said 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 upon this petition.
(8) Your Petitioners respectfully request that, in considering action
on this matter, in view of the invalidity of previous proceedings, that in
planning the public hearings to be had upon this petition, consideration be
given, if possible, to holding a joint public hearing by both the Planning
Commission and the Board after proper advertisement.
Your Petitioners believe that such action is authorized under the
provisions of Section 15.1-431 of the Virginia Code, as amended, and would
eliminate one meeting and speed the conclusion of action on this matter.
March 25, 1971.
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
Respectfully,
J. Kenneth Robinson and Ray Robinson, Jr.
Trading as Kenray
By Coudigel
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N67'38'53"W \ U.S. ROUTE 522
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The above Plat is a Survey of a Portion of the Land ( Parcel "A" )
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-
conveyed to J. Konnoth Robindon and Ray Robinson, Jr., trading as KEtH�AY,
' -
by Dead dated 5 July 1960 in Dead Book 264 Page 299. The said Land lies
r'.%:. .: •...:..:.. ....
at the intorsoction of U. S. Rt. No. 522 and Fox Drive » Rt. No 7399
a
just wont of the City of Winchostor, in Gainosboro (formerly Stonewall)
=
District, rrodorick County, Virginia:
'
Beginning at an iron pin in tho Western Boundary Line of Rt. 739,
`' `'+'? �* x `•= "~~'`' ^"' •' x"'''t'%�'' �""
a corner to the Retained Portion, running with the four following lines
of the said Other Land N 63° 40' 10" 41 - 286.63 ft. to an iron pin;
thence N 260 l9' 50" E - 159.75 rto to an iron pin; thence S 630 421
20" E - 39.37 ft. to an iron pin cornor to the RAI Parcel; thence with
the Southern Line of the said Parcel N 730 55' E - 47.32 ft. to an iron
pin in the Southern Highway Boundary Line of Rt. 522; thence with the
throe following Boundary Linos S 640 28' 30" E 55.19 ft. to an iron pin;
lr.,,h..; *�' ",}'•
thence S 59° 32' 36E» 10}.61 rt. to an iron pin; thence S 290 031 E -
.81.53 fto to a concrete highway monument; thence S 800 121 E - 3 0 ft
to an iron pin in the Western Boundary Lino of Rt. 739; thence with the
said Lino S O9° 48, W - 150.00 ft. to the beginning. Cont. -. 1.059 Acres.
R/W Parcel .. Beginning at a concrete highway monument at the ''' .
Eastern End of Limitod Access in the Southern Highway Boundary Lino of
Rt. 522, a corner to the Retained Portion, running with the Eastern Line
of the said Other Land S 260 19, 50" W - 30.0 ft. to an iron cornor to
the 1.059 Acro Tract; thence with the Northern Lino of the said Land
_.;.;...:;
N 730 55' E — 47.32 ft. to an iron pin in the Southern Highway IIoundary
Line of Rt. 522; thence with the two followin Bounds °
g ry Linea N 64 28�
30" W - 9.31 ft. to an iron pin; thence N 670 38' 5311 W - 25.69 ft. to
the beginning. Containing - - 530.7 Sq. +t.
Survoyod - September 90 1970.
_
RIW Added &
Re -Survey - January 27, 1971.�Q LEE A. EDERT�
Certified Land 3urveyorJ,
Comm. or Virginia # y84.