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Home My WebLink About083-72 W. H. Emmart & Son, Inc. - Backfile (2)��j�: ty.� j i• '.a �• , � ti'} � �� ,�,�:.�F� zt ,1, � w �' .�,N y k! s'�`•.;'• ^4 t �Y�.t.�'� .��, •1��'• ir',k:j�.ir ., j��ti•i'1r� !'�4��•'•'�"y��t1'�' , ��;. �. ..;'�pN.'F r �15,�1'�.:.-' �. .. A� •.�.b'�w�.,,' _ •. _ ;..��[;�.+ jf f ��3- �� -� KEROSENE 1) /'� = " _- ;. '.; '' . ! .� i,{� ♦ � � _ � t t. � yr' � � .. ' _ _ _ . __ � W:7d.�J —_ t �� ":� i :�u-•—� Z2- UW 42\ "�1 FUEL ply 1 APro nps ^ ��- s r C-1 W & S RAILROAD — 66' R/W WON PIN _ IRON PIN N 390 54' E — 449. 83' 0 62 s 5.82 AC. U z 0 U It o %0 O U. i Y OD Z W Om O O OD N O (Y) a. on 0p1 N t ifYJ _ 390. IRO„ P IN 16 �\ Q 1 f S 3p• p A� 3� 1( o CY �OROI P VA S O' U p► D p In j O T' G. 161 jM I O O B 199 P. 0 0 1Z �3 SIP ft) 1N The above Plat is a Survey of the Land conveyed to W. Ho Frnmart & Son# Inca by Deed dated 29 April 1970 in Deed Book 363 Page 373o The said Land fronts the Western Highway Boundary Line of The Valley Pike - U. So Rts 11, just South of Kernstowns and lies in Back Creok (formerly Shawnee) Districtq Frederick County, Virginia; Beginning at an iron pin in the Western Highway Boundary Line of Rta 11s a corner to the e.- Adams Land, running with the said Boundary Line S 200 041 30" W - 200.0 ft. to an iron pin corner to another Tract of the To Gs Adana Land; thence with the two following Linos of the said Tract N 410 401 30" W - 225.0 ft, to an iron pin; thence S 300 041 30" W - 390-00 £to to an iron nin corner to another Tract of the To Go Adans Land; thence with the two following Lines of the said Tract N 430 111 W - 234a93 ft- to an iron pin; thence N 390 361 41" W - 263a13 fto to an iron pin in the South- eastern R%W Line of the Wa & So Railroad; thence with the said Line N 390 541 F - 449a83 ft, to an iron pin corner to the Schenck Food Coo, Inca Lend; thence with the Southwestern Line of the said Land and continuing with the Southwestern Line of the said Adams Land S 510 259 30" E - 580,30 fto to tho beginnings (2 L LL Containing; - - 5o82 Acreso LEE A. EBERT, Certified Land Surveyor, Surveyed - - - August 179 19710 Comm. of Virginia # 484a C)d�3 -?,2--- N O . 0,9-3 DATE March 16, 1972 3 - 71 Application for Rezoning... FREDERICK COUNTY, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, 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 Frederick County, Virginia as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located Wimmediately Soath of I<erns- 4&6a town on West side of 3ttm=ct Valley Pike ( U. S. RrfArQWxx Route 11)i#Xi�&�k�KFi,xxxxxxxxxxxxxx *xo-�xxxxxxxxxxxxxxx}�4txmxxxxxxxxxxxxxxxxNMx 2. The property sought to be rezoned is owned by: W. H. Emmart and Son, Inc. as evidenced by deed from Humble Oil and Refining Corni2any recorded in Book 363 , Page 373 , Registry of County of Frederick 3. It is desired and requested that the foregoing property be rezoned FROM R-2 TO B- 2 and M- 2 4. 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: NAME STREET ADDRESS (a) Mr. T. G. Adams Stephens City, Virginia (b) Schenck Food Company Kernstown, Virginia (c) Baltimore & Ohio Railroad Company Winchester, Virginia (d) Mr. George R. Seal Winchester, Virginia (e) Rebecca R. Gray Winchester, Virginia (f) Raymond B. Brill Kernstown, Virginia (g) J. S. Cooley Front Royal, Virginia (h) (Use reverse side if necessary and look up the names in the office of in the Courthouse, if they are not known.) - 7.L .9cri 5. It is proposed that the property will be put to the following use: Service station and bulk plant (see attached petition) 6. It is proposed that the following buildings will be constructed: Service station, garage, bulk plant office, petroleum storage tanks 7. It is proposed that the following setbacks and offstreet parking provisions will be made: as necessary 8. Attached is a copy of a Vicinity Map. SigntyreC Applicant it field A4ng,"T4nded, Winchester Address of Applicant TO THE BOARD OF SUPERVISORS This petition for rezoning property within the jurisdiction of the of was received on , a public hearing was held on and the Planning Commission wishes to make the following ACTION OF THE BOARD OF SUPERVISORS On on the attached petition for rezoning: the Governing Body took the following action :r� I T.G. ADAMS D.B. 199 P. 161 IMPROVEMENTS APRIL 30, 1972 LOCATED �.una�s•:�.+ir�w'.. ,.� ��16r+�►- � - � <- za.,>,.•w.a:•.�.,��w-�. -. .. _' - - (7Z3 7,7 - � I T. G. ADAMS LAND D.B. 199 P. 161 IMPROVEMENTS LOCAi t�%F3 - ;72 - Z L ■ - I- I - - LEE SCRT L 40. > 4&1 .� A° A N 1) tit 0 3 m BLOCK TANK BASE FN EW 1 TAN W. H. E MM A R T 8, S BACK CREEK DISTRICT FREDERICK COUNTY, v FEBRUARY 26, 1972 pLEE I ro 4v [A } ell / O"I S� QO O/ 3 � . 7; polT HOLE POST MOLE L E OF POST HOLE! Nv�pi% f PUMP SHIED '72 -- 7 T. G. ADAMS D.B. 262 -P 439 re, j F V POST HOLE A IN ASPHALT I B U 1 L OC s � POST HOJE �_ POLE LINE OF POST HOLE S POST HOLE CO., INC. 514 V) W N 39' 54' E — 449.83' Rl 51 M u� 5 3 0' O `4__� IRON " 1. G. p.0 O B 1g9.P U Z O The above Plat is a Survey of the Land conveyed to W. Ho Emmart & Son, Inc, by Deed dated 29 April 1970 in Deed Book 363 Page 373. The said Land fronts the Western Highway Boundary Line of The Valley Pike - Uo So Rto 11, just South of Kernstown, and lies in Back Creek (formerly Shawnee) District, Frederick County, Virginia; Beginning at an iron pin in the Western Highway Boundary Line of Rt. 11, a corner to the-F Adams Land, running with the said Boundary Line S 200 041 30" W - 200.0 ft. to an iron pin corner to another Tract of the T. G. Adams Land; thence with the two following Lines of the said Tract N 410 401 30" W - 225-0 fto to an iron pin; thence S 300 041 30" W - 390o00 ft. to an iron pin corner to another Tract of the T. Go Adams Land; thence with the two following Lines of the said Tract N 430 111 W - 234.93 ft. to an iron pin; thence N 390 361 41t' W - 263.13 ft. to an iron pin in the South- eastern R/W Line of the W. & So Railroad; thence with the said Line N 390 541 E - 449,83 ft. to an iron pin corner to the Schenck Food Coo, Inc. Lqnd; thence with the Southwestern Line of the said Land and continuing with the Southwestern Line of the said Adams Land S 510 252 30" E - 580.30 ft, to the beginning. 574— o .fie �j]� Containing - - 5.82 Acres. LEE A. EBERT, Certified Land Surve or Surveyed - - - August 17, 1970. Comm. of Virginia # 484., .. � � ., :.. 'ccia �Q �'%y7%g '}: ;��i Y.i �. .K �•'�-; S? s�3 :l�s t7(f ¢_'yy�°'4Ye. ..�.'�` rwy .re <`s' �;--. T, � r•e--;.. _ ,��il'•��'�i.�0� Y� s�'�-i »xst4`H`y.;* ��-"`yc�,:;'x"�,� �'., `"t5�. } �fi.��' .T;e �,�. .wear ,yby^!FJM ;t'i� i1�u�. "�'� �' 2.s►q ;...• GNU., ��,�''�i.�-�ws"+ iPS"ti � 4 � � _ ..J r L. , • - . , „' "":Y..�.'aV'' `�'•- eq�'!"`�rs�''R�, v�v.4,it�x +�.(F:r' . 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'I� • -- �•�� ,� .:-zF . �wr— y t,•. f� a " +: r � e,4r��rP:Jh ,.t�13;.d ' ' \_ i �� ' 1' � ,;, �4 i' 7N �i ry hot ti- J e 1• F VP .may Nlm •.:/).�w ram'""= �•� ',;�i.�"._. •�: a '�• ry ' e` _ 7-1 1 1 � � 7 \. .f � . � f• �4 ) a � { -at L�,F.�yn,�° ,'."mow. roc• P ;;fit aqqK T - 1 1 �f,. 1. •. f � � r 1` , , 1 + , ' t` y� ?k`ajYk��i � �. i 1 11 � `� b • - ... � 4 ;,`.VF ate, r�., � af.i _ FREDERICK COUNTY- WINCHESTER VICINITY AGRICULTURAL RESIDENTIAL (LOW DENSITY) RESIDENTIAL (MEDIUM DENSITY) COMMERCIAL I INDUSTRIAL SEMIPUBLIC FUTURE LAND USE SCrirOL AREAS (INCLUDING RECREATION & PARK AREAS) O INTERCHANGE U GRADE SEPARATION CJ EXISTING MAJOR STREETS LZ PROPOSED MAJOR STREETS SCALE IN FEET 2000 0 2000 4000 6000 1964 DIVISION OF INDUSTRIAL DEVELOPMENT AND PLANNING FIGURE 9 (INSET) LAW OFFICES LARRICK AND WHITE WINCHESTER, VIRGINIA PETITION To: The Board of Supervisors Frederick County, Virginia Your petitioner, W. H. Emmart and Son, Inc., respectfully submits as follows: (1) Your petitioner is the owner of a certain parcel of land lying on the West side of U. S. Route 11, just South of Kernstown in Back Creek District, Frederick County, Virginia, containing 5. 82 acres, more or less, more particularly described by plat of survey of Lee A. Ebert, dated August 17, 1970, attached hereto and by this reference made a part hereof. (2) The land in question may be zoned R-2, Residential General, accor- ding to the original Frederick County zoning map, which your petitioner believes to be the current zoning map. (3) The land to the North and West of the subject property is zoned M-1, Industrial Limited, and the land to the East of the subject property, on the East side of U. S. Route 11, is zoned M-2, Industrial General. The Echo Village Motel and Echo Village Restaurant lie within the R-2 zone immedial South and North, respectively, of that portion of the subject property which fronts U. S. Route 11. (4) Most of the land on both sides of U. S. Route 11 between the city limits of the City of Winchester and the subject property is now zoned B-2, Business General. (5) Recent studies of future land use show that the subject land, and the land surrounding it on all sides, is being used increasingly for industrial purposes, and that this trend will continue into the forseeable future. (6) Your petitioner desires to construct a service station on the portion of its land fronting U. S. Route 11, and a plant for the bulk storage of liquid petroleum products on the Western portion of the subject land. (7) Prior to acquiring the subject land, your petitioner applied for and received from the Frederick County zoning administrator a building permit for the proposed facilities. However, the proposed usage may violate the provisions of the Frederick County zoning ordinance, which sets forth the purposes for which a building or premises may be used in an area zoned R-2. (8) The regulations set forth in Article 7, Sections 1-16 of the zoning Drdinance permit a building or premises in an area zoned B-2 to be used for a service station, with major repairs under cover, and that the provisions of Article 9, Sections 1-9 permit a building or premises in an area zoned M- 2 :o be used for petroleum storage. (9) That the names and addresses of the adjoining property owners are as -ollows: Mr. T. G. Adams Stephens City, Virginia Schenck Food Company Kernstown, Virginia Baltimore and Ohio Railroad Company Piccadilly and Kent Streets Winchester, Virginia Mr. George R. Seal Winchester, Virginia Ms. Rebecca R . Gray Winchester, Virginia Mr. Raymond B. Brill Kernstown, Virginia Mr. J. S. Cooley Front Royal, Virginia WHEREFORE, your petitioner moves that it be ordained by the Board of LAW OFFICES LARRICK AND WHITE upervisors that the zoning map be amended to rezone from R-2 to B-2 that WINCHESTER, VIRGINIA 0. 846 acre of land shown as the shaded area on the attached plat, and from R-2 to M-2 that 4. 974 acres of land shown unshaded on the attached plat. Respectfully, LARRICK AND WHITE 35 East Boscawen Street Winchester, Virginia Counsel for Petitioner B Y : "4 LAW OFFICES LARRICK AND WHITE WINCHESTER, VIRCINIA W. H. EMMART AND SON, INC. By Counsel -3- a = PETITION To the Planning Commission and Board of Supervisors of Frederick County, Virginia RE: Application of W. H. Emmart and Son to rezone 5.82 acres in Back Creek District on the west side of Route 11 bounded on the south and east by Adams' land, on the west by the B & O Railroad, and on the north by Schenck Foods Company land and other Adams' land from Residential General (R-2) with 4.974 acres being rezoned Industrial General (M-2) and .846 acres being rezoned Business General (B-2). �I The undersigned Petitioners respectfully petition the Frederick County Planning Commission and Board of Supervisors to deny the Application for Rezoning filed by W. H. Emmart and Son and referred to above requesting re- zoning of certain property in Back Creek District from its present zoning of Residential General (R-2) to Industrial General (M-2) and Business General (B-2). Your Petitioners are all residents and landowners of the Echo Village Subdivision which is contiguous to the property in question and respectfully represent that the proposed rezoning should be denied for many reasons, of which the following are representative: (1) The proposed rezoning will appreciably depreciate the value of the surrounding real estate in general and the homes and apartments in Echo I Village Subdivision in particular. (2) It is a known fact that once the integrity of zoning in a given geographic area is broken, areas contiguous to the rezoned area become them- selves rezoned, thereby substantially altering the former character of the neighborhood. (3) The proposed rezoning would represent spot zoning, which de- feats the general purpose of the zoning ordinance. (4) The proposed rezoning should be denied from an environmental point of view because the purpose of establishing Industrial General zoning is to establish an area where the principal use of land is for heavy commercial and industrial operations, which may create some nuisance, and which are not li properly associated with, nor particularly compatible with, residential, in- stitutional and a neighborhood commercial service establishments. Furthermore,I such zoning contemplates uses including abattoirs, wood preserving operations, acid manufacture,fertlizer manufacture,petroleum storage and paper and pulp manufacture,all of which are totally incompatible with residential use of adoining and abutting residential property. (5) Preservation of the area as it is presently zoned will result in more revenue to Frederick County from real estate taxes, as the property in the general area is more suited to ultimate development for residential purposes i than to other purposes. (6) The proposed rezoning for use as a petroleum storage area is a highly dangerous use which is not compatible with adjacent residential develop- ment. NAME c two ADDRESS f //%3 2.y ti. i r i Mm i r i Mm r i Mm NAME �jyl�c/� #Gel i a i Cv l ADDRESS A' ;6l 3 ,� :?i / i 7 r �_ cTi � _ / ADDRESS 1,25 va NAME '57 /,4,/, A4 ADDRESS dq�&'�jz 0 21 � �/ �- 1, Z� � l-' La I xGb,- ADDRESS { i i