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HomeMy WebLinkAboutWestwood Section A (Pauline Good) Opequon District - BackfileCa�.'t��i:+:4ei.7.;.�I�t .. .wn uw �idiii,�a,xii�+.•�ww.r.c:mi..�x� ., . ,.. . .. ,.,.,..:. ,,... ,,..'s esxttsvrstl.a�xtucn*�xm°• IF p BOOK P-86 PAGE' 13 70°C�° Ez5°0° . 6057°®° a®fl°4 ® (d/ 7 6 ®G r o ®aw\. n Rddd°Od°�aY a cJJ 51 05 A— Boo W EST MOOD O6RCLE 56 1;:� O 09 IvD a e Eno i� o ® e O m �a 0 o CUTLER RINK 2000 ode FINAL PLAT Q j Q o OF i WESTWOOD SECTION "A 7. q. Q LAND OF MRS° PAULI E GOOD LOCATED ABOUT 3 MILES SOUTH OF 070 o° APPAOOD ON ART I DIVIN;AL BASIS s APPROVED ®d ° l ii6�CHES` E e FnEDE Rt0K 0 2 ° �n SANIT= M 1; G� C3 ' CilElt�0�4C� DeREC� TOR Q o �CD CD APMVED �� o VA. DEPT. OF HOGO�t�^9A 8V D. H. GAULDEN 0 JAPPROVED BY FREDERICK CO. BOARD o OF ' SUPERV SOBS By N : ; BVRO cN� o RMMBAGG% APPnOV ED BY COMMON COUNCIL C tT V TER ©°@4 c40 4© 90.0° j �� —MANAGER 1;�0° V100. G43.3 0 ° a ° SUBJECT'TO PROVISIONS NOTZD ON aZVLR3S SID& { C��;1 9Q (� Uo o � e caoc.0oc a w anc a n"pm �o° V% U.: S. a 0 VORGINIQ MODERIM COoUMV, 30° 71 Iwo9rum of wriodfliq %rao paraducod to mo OR ft dav dl Wd With cep4a4ic to ®chnowl®dgmGn9 PPoovoto annonoo C@t} ° ° 641wod • . 4� pca�ad• Q CEO° `rr% 13 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: File FROM: Jeremy F. Camp, Planner II DATE: January 6, 2004 RE: Historical Zoning Information Property Identification Numbers (PINs) 64-A-19, 64-A-20, 64-A-21 The current zoning of parcel 64-A-19 is shown as RP (Residential Performance) District. Parcels 64-A-20 and 64-A-21 are grouped together on the tax map. According to the Frederick County Real Estate Department, these parcels are grouped together because the precise boundaries of the parcels were not known when Frederick County first drafted the tax maps. The current zoning of these two parcels are depicted as RA (Rural Areas) District in the northern portion and RP (Residential Performance) District in the southern portion [Exhibit A: Current Zoning Map]. Staff has researched the historic zoning information for the above -referenced parcels to determine if the current Frederick County Zoning Map accurately depicts the zoning for them. The reason parcels 64-A-20/64-A-21 are split -zoned is of particular interest. The following historical information was found regarding the subject parcels: Westwood Subdivision. On October 6, 1962, Westwood Subdivision, Section A was created from the land owned by Pauline Good. The land remaining from the subdivision, referred to as "Good's Other Land", would become parcels 64-A-19, 64-A-20, and 64-A-21 when Frederick County adopted tax maps. [Exhibit B: Westwood Subdivision] Original Zoning Map. On March 13, 1967, when Frederick County first established zoning, all of the land comprising the subject parcels was designated as R-1 (Residential Limited) District (U.S.G.S. Winchester Quadrangle). [Exhibit C: Original Zoning Map] 1980 Frederick County Comprehensive Downzoning. On October 8,1980, parcels 64-A- 19, 64-A-20, and 64-A-21 were downzoned from the R-1 District to the A-2 (Agricultural General) District. At the same time, all lots on tax map 64 (D Circles• 1, 2, and 3 were � b 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Historic Zoning Information of parcels 64-A-19, 64-A-20, 64-A-21 Memo To File January 6, 2004 • 1983 Frederick County Comprehensive Zoning Reclassification. All parcels zoned R- 1,R-2,R-3, or R-6 were reclassified to the RP (Residential Performance) Zoning District on September 28, 1983. Thus, all of the land which comprised tax map 64D was rezoned to the RP District. [Exhibit E: 9128183 BOS Minutes] • 1987 Zoning Map Of 64D. The zoning map of 64D, retired in 1987, appears to show what is now the RP District portion of either parcels 64-A-20 or 64-A-21. [Exhibit F.• 1987 Zoning Map]. • 1989 Frederick County Comprehensive Zoning Reclassification. Parcels zoned A-2 District were changed to the RA District on May 10, 1989. Therefore, parcels 64-A-19, 64- A-20, and 64-A-21 were changed to the RA District. [Exhibit G: 5/10189 BOS Minutes] • Vacation Of 64 (D) Circle: 1. Between 6/1/87 and 12/2/97 all of the lots comprising tax map 64 (D) Circle: 1 were vacated. These lots were part of Westwood Subdivision: Section B. No record of this vacation was found in the Clerk of Courts Office. It would appear that the area currently zoned RP District, on what is currently either parcel 64-A-20 or 64-A-21, is the area which was vacated [Exhibit H.• Vacation of 64 (D) Circle: 1: 1997 Zoning Map] Most Recent Survey. A land survey of the subj ect property was done by Richard A. Edens on February 11, 2003. It shows the zoning boundary line on what is referred to as parcel 64- A-20. Parcel 64-A-21 is not shown. No record of submission to, or approval by, the Subdivision Administrator was found for this survey. [Exhibit L Most Recent Survey] The reason split -zoning exists on the subject parcel appears to be because Westwood Subdivision: Section B was vacated in the past. These lots were then consolidated into the original parcel(s). The lack of an approved and recorded plat for the creation, and later vacation, of Westwood Subdivision: Section B prevents the County from having a precise zoning boundary for the area which comprises the subject parcels. However, based on the available information, it would appear that the current zoning for the area is generally accurate. JFC/PTD/CMM/ERL/bad Attachments Exhibit A: Current Zoning Map XY a , 18 {.' 18 ��A; i Y , y �Q ti a`✓� �. �.''R X ( p�v' � %^v',^� �' %�T YfiryK� , "� >yri °" � ° ,Y, :It ry 13 28 2�n s2, �Y> y r�" a is / �,,/ 4 10 JJ 'J4 '.l"1 3a�; .S7 'J0 >4 r y .Y �, J��. ,�, ,�'a'Y✓,K.r wY°�,. ; o ., � " v'� J, / teal ar., 33 ' �� " �N i is'� :�j� „?"red' r v' �. � �✓ Y ,,F,o / �17 3 4e 44n 4t` F ��(�/ y� p 9S48 47 48iT�r". / J a !' � D - ✓ f DAY 4� \ See 45 nr' 3� 225-133 41 A 3 q \\ ®� 8 9 A 34 a� Vn i �,,,+ �Ix wk 20 yam' .�1J a 40 ?' > 10 l 4 to "�+y it _ 2 See 23 11 268LLL—___� 3 „ 12 t� t� is i� t7 .Cti I I 10 11 1'! .a ea 04 w 9a 4o 30 12 to Jd lie Yc � 18 roan,,. D7 ae K 77 ' 21 A • 9 13 19 as 54 na so O 8 14 n 22 — a9 79 n 7a 72 74 7a " 7%� t/ _ ,9 47 a, 3, 771.. it 78 wilie"i AM 23 23 26 7f of10 19X7. la b 1 A a 1tt.522 10 4 w a 4 R ro 1 a s a 2 2t / a a 7 9 �- 23 a D1 D3 a 245-161 \\\� See 21 Rt SWi,• "'• a a t� Shenandoah r-r 2 3 20 h^ Memorial ` 1 ~' 19 Park ` (� 2 D 5 N 3 4 36 36A g 258-97 '' tS e 36B 37 o Lau 1wood D ive a f q 35 34 33 53-3 B 251-51 . _- -- A 37A Laurel 37B ye Exhibit B: Westwood Subdivision (Section A) Westwood Sect. A (Pauline u000) Opequon District ® SUBD-._ .approveadIMQ6/62 --1111-11- Ke 13 VAQ 13 70.01. 05.01 117.0' CO 10 JOIC LpG zo, 6 010J1100.01 n s.0 I la: Chi cr SI 051C tj 'Spoolpf v/ VVESTWOOD CIRCLE 56' 15,0.0, Ij ID # %Aj - 0 0 0; 0 '01.01 6 v - C" el tn 5 0 tn 14 00 13 0 --x 0 ;W DM-0— 0 W c) r) oil of &f 1 ., BUTLER RINKEn RUSSELL 0 ELSEA (i C, k/,Oz�� C r.EM 0 1, fiv 0 - F71 SCALE M FEET Z 0 U, '�' i!r Ila FINAL PLAT Exhibit C: Original Zoning Map _ -2-:ze- �,• � _ � �• a -- ;`� -� _� 8 1���_�.�� s�-2 t f : v I . 00 — f MH- (135) r• 1 -10431 M. M-2 M-t 0511 R-- 2 77) 062) J -R-3 M E - _ 00_ 4-�y 4 6-�FES t K!'tC }iLFEp' - -- - �4E` FEET T ; Inter _ U, 5, mute .. 4ZrW 3 N sV V:°LSE -t vic'h, it . c - _2 N, 9f.'1 P'ESOURG£5_::CHAR LOTILSVJ1L _E. ViPr.lNiA: 72903 tt:: Exhibit D: 10/8/80 BOS Minutes 34 DELETE - ZMAP 85, Parcels 49 through 56, R-2 to A-2 DELETE - ZMAP 85(A), Circle 1, Parcels 1 through 18, R-2 to A-2 DELETE - ZMAP85(A), Circle 2, Block A, Parcels 1 through 17, R-2 to A-2 DELETE - ZMAP 86, Parcels 83 and 84, R-3 to A-2 DELETE - ZMAP 86, Parcels 85 and 85(B), R-3 to A-2 DELETE - ZMAP 86, Parcels 85(D) and 85(E), R-3 to A-2 DELETE - ZMAP 86, Parcels 86 through 101, R-1 to A-2 DELETE - ZMAP 86, Parcels 110 and 111, R-1 to A-2 DELETE - ZMAP 86, Parcels 123 through 134 and 136 through 139, R-1 to A-2 DELETE - ZMAP 86, Parcel 142, R-1 to A-2 Mr. Stiles advised that the Planning Commission did not delete ZMAP 43 Circles 3 and 9. Mr. Stiles then moved to strike ZMAP 51, Parcel 45, R-1 to A-2, with the i exception of Circle 17, all lots. This motion was seconded by William H. Baker and passed unanimously. Mr. Stiles then moved to add to the list of deletions ZMAP 54, Parcel 1, R-6 to R-3 except 29+ which shall remain R-6. This motion was seconded by R. _. Thomas Malcolm and passed unanimously. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein approve Zoning Map Amendment Petition Number 011-80 requesting that the property now zoned R-1 (Residential -Limited), R-2 (Residential -Limited), R-3.(Residential General), R-4 (Residential Planned Community), R-5 (Residential Recreational Community), R-6 (Multi -Family Residential), and MH (Mobile Home Community), be rezoned to the following categories as listed herein and identified by the Frederick County Identification Map and Parcel Numbers as amended. This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia, and it is declared to be the intention of the Board of Supervisors that sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if they shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. ZMAP 22 Apple Pie Ridge Stonewall District Parcel: 57 Apartments R-6 to A-2 88 ZMAP 63 Between Winchester Back Creek District Parcels: 1 through 18 City Limits and R-2 to A-2 Route 37 ZMAP 63 Kernstown Area Back Creek District Parcels: 19 through 21 R-2 to R-3 ZMAP 63 Kernstown Area Back Creek District Parcel: 38 R-2 to R-3 ZMAP 63 Carl Frye's Back Creek District Parcels: 85, 90, 91, 92, 93 Rt. 11 South M-11 to 8-3 ZMAP 63 Carl Frye's Back Creek District Parcels: 41 through 53 Rt. 11 South R-2 to R-3 ZMAP 63 Paper Mill Road Back Creek District Parcels: 116 through 122(A) East of Rt. 81 R-2 to A-2 ZMAP 63 Paper Mill Road Back Creek District Parcels: 123 through 124(A) East of Rt. 81 R-1 to A-2 ZMAP 63 Paper Mill Road Back Creek District Parcels: 144 through 146(A) East of Rt. 81 R-1 to A-2 ZMAP 63 Circle: 3 Paper Mill Road Back Creek District Parcels: (A), (B) East of Rt. 81 R-1 to A-2 ZMAP 63 Circle: 4 Paper Mill Road Back Creek District Parcels: 1 through 4(A) R-2 to A-2 ZMAP 63 Circle: 4 Paper Mill Road Back Creek District Parcels: 4(D), 5 R-2 to A-2 ZMAP 63(B) Circle: 1 Plainfield Back Creek District All Parcels except D through Heights 4, 17, 18, 24 R-2 to R-3 ZMAP 63(D) Circles: 1, 2 Paper Mill Road Back Creek District R-2 to R-3 East of Rt. 81 ZMAP 64 Paper Mill Road Back Creek District Parcels: 9(A) through 21 East of Rt. 81 R-1 to A-2 ZMAP 64 Paper Mill Road Back Creek District Parcel: 23 East of Rt. 81 R-1 to A-2 ZMAP 64 Paper Mill Road Back Creek District Parcels: 24, 25 East of Rt. 81 R-2 to A-2 ZMAP 64 Paper Mill Road Shawnee District Parcels: 33, 34, 35 Route 522 South R-1 to A-2 ZMAP 64 Airport Road Area Shawnee District Parcels: 38 through 40(A) R-1 to A-2 `i' ZMAP 64(C) Route 522 South Shawnee District All Parcels R-1 to R-2 ZMAP 64(C) Circle: 1, 2 Bufflick Heights Shawnee District All Parcels R-1 to R-2 ZMAP 64(D) Route 522 South Shawnee District All Lots R-1 to R-3 ZMAP 64(D) Circle: 1, 2, 3 Westwood Area Shawnee District All Lots R-i to R-3 ZMAP 64(D) Circle 5 Southview Sul- Shawnee District All Rots division R-1 to R-2 ZMAP 65 Greenwood Road Shawnee District Parcels: 1 through 13 R-2 to A-2 ZMAP 65 Greenwood Road Shawnee District Parcel: 86 R-2 to A-2 ZMAP 73 Oak Hill Back Creek District Parcel: 30 Section 2 R-1 to A=2 ZMAP 74 Route 631 at Opequon District Parcel: 23 Stephens City R-2 to A-2 ZMAP 74 Route 11 South Back Creek District _ Parcels: 76, 76(A) R-1 to A-2 ZMAP 74 Route 11 South Back Creek District Parcel: 77 R-1 and M-1 to A-2 ZMAP 74 Route 11 South Back Creek District Parcels: 78 through 79(A) R-1 to A-2 ZMAP 74 Route 11 South Back Creek District Parcel: 83 R-1 to A-2 ZMAP 74 Route 11 South Back Creek District Parcels: 99 through 102 R-1 to A-2 ZMAP 74 Circle: 2 Route 11 South Back Creek District All Lots R-1 and M-1 to A-2 ZMAP 74(B) Circle: 6 The Pines Opequon District Parcels: 33 through 53 R-3 to R-6 ZMAP 74(B) Circle: 6 The Pines Opequon District Parcels: 74 through 86 R-3 to R-6 ZMAP 74(B) Nottoway Opequon District Blocks: 9, 10 R-3 to R-6 R3ottoway Exhibit E: 9/28/83 BOS Minutes 255 3. Method of payment will be through the Frederick County Sanitation Authority as the actual costs are incurred. 4. Funds will come from unallocated surplus and estimated costs as provided by the Hospital's Consultant/Engineer will not exceed $82,000. 5. Cost recovery will be accomplished by having the Frederick County Sanitation Authority connect to the line through a meter and the City will wholesale wastewater to the Frederick County Sanitaion Authority. The Authority will then provide service to any development occurring in the County and repay the County from connector's fees that are collected due to that development. Other methods of cost recovery agreed to by the Authority may be used. 6. It is understood that connections in this proposed service area will be County customers and that this proposed service area will have impact on the County's capacity in the new Regional Wastewater Treatment Plant. JOINT PUBLIC HEARING The following Planning Commission members were present for the Joint Public Hearing: Mr. French Kirk, Col. Lynn Myers, Mr. Jim Golladay, Mr. Frank Brumback, Mrs. Marjorie Copenhaver and Mr. Manuel DeHaven. Mr. Horne stated that the Board had scheduled a public hearing with the Frederick County Planning Commission for adoption of the Residential Performance Zoning Districts on September 28, 1983, and in order to accomplish the objectives of this ordinance it was "necessary to amend both the Zoning and Subdivision Ordinances. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21-1; DELETE ARTICLES V, VI, VII AND X: AMEND ARTICLE XVIII, SECTION 21-145: AND REPLACE ARTICLES V AND VI WITH RESIDENTIAL PERFORMANCE DISTRICT AND MASTER DEVELOPMENT IMt ,N9..REGULATIONS. THIS ORDINANCE WILL REPLACE THE EXISTING: R. :1; R-2, R-3 AND R-6 ZONING REGULATIONS WITH THE RESIDENTIAL PERFORMANCE DISTRICT REGULATIONS: INSTITUTE MASTER DEVELOPMENT PLAN REGULATIONS; AND REQUIRE A SITE DEVELOPMENT PLAN FOR CERTAIN LAND USES WITHIN THE RESIDENTIAL PERFORMANCE ZONING DISTRICT. Mr. Brumback stated that a lot of work had gone into these ordinance amendments and he would like to thank everyone whgrfj'ai3 ,;given so much of their time on this project and especially the Planning.. Department staff. Mr. Joe Massie, local Attorney, appeared before the Board and stated at he was Executor of an Estate that owned property on Senseny Road and at the 100 foot buffer that was part of this ordinance concerned him with ference to this property. Mr. Horne stated that this could be appealed to the Board of Zoning )peals. Mr. Kit Molden, President of the Top of Virginia Builders Association, before the Board and stated that he would like to thank the BOS MINUTE BOOR NO. 18 BOARD OF SUPERVISORS MTG: SEPTEMBER 28, 1983 256 Planning Commission and the Planning staff for all their work on these ordinance amendments. Upon motion made by French Kirk, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the above ordinance was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION OF LAND, TO READOPT ALL OF CHAPTER 18 INCLUDING ARTICLES I, 11, III, IV, V AND V1. THIS ORDINANCE WILL RE - CODIFY ALL OF CHAPTER 18 AND INCLUDE PROVISIONS TO COORDINATE THIS CHAPTER WITH THE REQUIREMENTS OF THE NEW RESIDENTIAL PERFORMANCE DISTRICT OF CHAPTER 21, ZONING. THE ORDINANCE WILL ALSO TRANSFER FINAL SUBDIVISION PLAT APPROVAL TO THE PLANNING COMMISSION, AFTER THE FINAL MASTER DEVELOPMENT PLAN IS APPROVED BY THE BOARD OF SUPERVISORS. THE ORDINANCE ALSO CHANGES CERTAIN STORMWATER DRAINAGE REGULATIONS. Upon motion made by Jim Goiladay, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the above ordinance amendment was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) RD DISCUSSED CURRENT STATUS OF SHAWNEELAND WITH =RENCE TO BANKRUPTCY COURT AND WHAT ACTION THE BOARD ULD TAKE AT THIS TIME Mr. Riley stated that he had received a letter from Mr. Chandler and also had talked with him late this afternoon by phone and at that time he stated that he had more items to be addressed and that he would be back in touch with him by next week. Mr. Stiles stated that inasmuch as the plan, that had been submitted to the Board as a possible solution, and as submitted by Mr. Herman, had not materialized and that Mr. Chandler should be notified that this plan is no longer acceptable by this Board. The Board discussed this with Mr. Ambrogi and Mr. Ambrogi stated that he felt the County should leave all doors open and not shut the door on any possible plan in order that this situation might be resolved. E BOS ININ= BOOK NO. 18 �BOLRD OF SUPERVISORS =: SEPT=r-R 28, 1983 Exhibit F: 1987 Zoning Map ril 9 YEE 10 A 12 20' @� zo' 17 16 174 15 9 0_ I ° I (17) b6 I IO 11 I l91 8 r J I co 15 �I 14 I I,w 15 A p 14A I °' I r 1 12 cl 16 8A mil . 05) 13 rll2 0 in / \ rw 285-127 7- I 13A m 12A Irm I (121.__� ( 9 l u 7A (7) a 3) I I ICti Y -mI �� 13 I 1A '10A 8rio6 v 4 1I 6A � r ao39 C o A _ 51wp0�' ` a I 15 B 5 5A _ ~ = T— 10' 4 3�� 4A 3 � --- _ _ _ ;a) � A 2 A (3) (z ) 1 A (1) A 6 —1 _ — 30 � " 4 3 -_ 2� DISTRICT 13 14 17 C9; In 19 22 20 21 24 5 2" 8 T. 10"" a.; sr;y rvf I � IT � ��'. ,I '.:ili 'I ��.. Exhibit G: 5/10/89 BOS Minutes 269 Mr. Crosen stated that his position on mobile homes is that he is opposed to any more mobile home parks in Frederick County and while he will support this amendment, that did not mean that he will vote in favor of any mobile home park replacements in the future, but he did not say, and did not hold the position that Frederick County should not have mobile homes, period, and he was not out to tell someone in the County that has land that they cannot put a home on it and he just wanted this clarified. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. A copy is on file in the Office of the County Administra- tor. AN AMENDMENT TO CHAPTER 21 OF THE FREDERICK COUNTY ANU VHUVIUINU UZNFKAL AZV1b1Urib '1'U TUFT U1.7TKI T - APPROVED It was noted that this ordinance amendment will be making one district out of two. Mr. Crosen asked about the conditional use section and what a conditional use permit is needed for, hog farming, fish hatch- eries, etc. and is this currently in the A-1 or A-2. Mr. Watkins stated that he believed they are currently. allowed in A-1 with a conditional use permit, not A-2. Mr. Rinker asked if this had any affect on the Agricultural District. Mr. Watkins replied no. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. A copy is on file in the Office of the County Administra- tor. Mr. Stiles arrived at this time. AN AMENDMENT TO CHAPTER 21 OF THE FREDERICK COUNTY CODE, ZONING ORDINANCE; ARTICLE II, DISTRICTS GENERALLY, TO ADD SECTION 2-8, BUFFERS AND SCREENING. THIS SECTION WILL ADD COMPREHENSIVE PROVISIONS FOR SEPARATING VARIOUS USES THROUGH THE USE OF BUFFERS AND SCREENS - APPROVED BOS NSNUTE BOOK. NO. 21 BO.4P.D OF SUPEP,VISORS NTG: YLY 10, 1989 270 Mr. Stiles stated that he felt the County needed a require- ment as far as buffers around sewer plants and landfills. The Board concurred. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. tor. A copy is on file in the Office of the County Administra- REZONING REQUEST #001-88 OF ADD PARTNERSHIP, C/0 BENJAMIN M. BUTLER - OPEQUON MAGISTERIAL DISTRICT - HYYKVVL'-U Mr. Watkins presented this request to the Board and noted that the Planning Commission recommended approval. Mr. Ben Butler, local Attorney, appeared before the Board on behalf of this request and presented a letter to the Board from the Engineer, Mr. Walter Seedlock, and stated that the majority of the land can be sewered by gravity. Mr. Crosen asked Mr. Butler if he knew what Mr. Seedlock meant acreage wise when he said majority. Mr. Butler stated that he did not know, but Mr. Dorsey stated approximately 2/3 of the acreage. At this time Mr. Dorsey, part owner, appeared before the Board to address this question and stated that he felt it would be over half of the property. Mr. Crosen stated that he would like to have a more defini- tive answer with regard to this. Mr. Butler explained that he felt this would not be known for sure until the master development plan is complete. Mr. Rinker asked if the recommendation under the site suit- ability would be addressed at the site plan stage. Mr. Watkins replied yes. The Board discussed the traffic that is currently on Route 642 and the additional traffic this project would create and how long it will be before the improvements that are planned for Route 642 are actually started. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, rezoning request number 001-88 of BOS MINUTE BOOK NO. 21 BOARD OF SUPERVISORS MTG. MAY 10, 1989 Exhibit H: 1997 Zoning Map Vacation of 64 (D) Circle: 1 N N cr ACREAGE PARCELS �OA�\ ZC-t- JJ' �i C cL�'Tvv�'0 i�7 rr`+rJCG�iDfQ'nu Y A "TED O2 WESTWOOD -SECTION A - D.B. 286, Pg.13 O3 0. T SNYDER LAND - D.B. 258, Pg. 339 O4 MEMORIAL HEIGHTS O5 SOUTHVIEW -SECTION I - D.B. 324, Pg. 62 �6 SOUTHVIEW -SECTION 2-D.B.453,Pg.17O 5 6 7 SCALE IN FEET 600 0 600 I200 I600 2400 SHAWNEE DISTRICT Fopo_ 200 0 200 400 600 600 / g Exhibit I: Most Recent Survey GRID MERIDIAN N4D53 VA. NORTH ZONE PER GPS OBSERVATION 7M 63-((A))-124 EFG INVESTMENTS UC DB. 955 PG 724 (rPAC'r ELF) N 7306'230 E IRF 7M 64—((A))-18 MANFRED G. KOKORSKY DB. 466 PG. 350 z a ACREAGE of ^'. (RA ZONED POR77ON 13.8596 ACRES . jN TM 64-((A))-20 18.4661 ACRES (total) ZONE RA ,} ' — 51 r 2.57r8• ZONE RP i^ ACREAGE OF �►` RP ZONED PORTION IRF 4.6068 ACRES Cif ti -E 1 73: S 04'57 46' E 205.91' SHED ENC IRF L5 . ton POST FOUND • 4 IRF 0 IRF 0 0.20N cn 43 IRF rn L1 IRF O O �pp 1p n •s . POST TM 64—((A))-19 `••• — 56' RI 1 FOUND 2.2021 ACCRES IN CONC. 1000, TO 84.5724- W /y 85'0537 v f4 FOUND FRONT ROYAL I TM 63—((A))-146 260.22' �' RT. 522 THOMAS W. BREEDLOVE do IRF 2J8 63 MABEL L BREEDLOVE !PF ~�— DB. 401 PG 672 TM 64—((A))-23 DORIS M. C4SEY WILL BOOK 91 PG 596 200 0 200 GRAPHIC SCALE NOTE SEE SHEET 2 (IN FEET) FOR NOTES, LINE TABLE; LEGEND & KEY 70 ADJOINING ZONING EXHIBIT LTH p kfounded IS77NG ZONING DISTRICT BOUNDARY ON THE LAND OF 'O F E A. DuBRUELER, RAY N. DuBRUELER & � P W DELINE F. DuBRUELER W-Aa4 1 G' MAGlS7E'RML DISTRICT, FREDERICK COUNTY, WRGINIA R(CHARD A. EOENS 5. SCALE: =zoo' GREENWAY ENGINEERING �0'002550 Engineers WM� . VA. 22602 SURv�' Surveyors TELEPHONE: (540) $62-4185 M' (5 0) 722-9528 971 wwwgiroenwayvu.00m BOOK 8013 PIKE .298 PROPOSED EXTZNSION OF WEST` OOD DRIVE 56® 4 ,S 75° .49'. E . 90.01 1 Ai®'UTILITV CASEMENT co �P 1 . ol BLDG . LINE i HOUSE � t O G9 dv cc 0 �pQ ® A i. 'a E-+ r Y F Y Fes' S ® L �' PORTION OF LAND OF =- X or PAULINE GOOD 0 o © ® o ® © t 13, 500 sq. ft. Ur) SCALC IN FEE T E_ � i J f /1 I . i �' V LANE S b-;ENAND®AH MEMI ORIAL . PARK A The above tract of land, located on the South side of the proposed extension of 11estwood Drive, said lot abutting the 'lest side of Lot No. 6, Section "A", Westt�sood Subdivision, beinglocated about 3 miles South of Winchester, and situate in Opequon P.,agisterial Districts Frederick County, Virginia, is bounded as follows: Beginning at (1) a Concrete Marker in the South line of the proposed extension of 'Westwood Drive and at the Northwest corner of Lot No. 6s Section "A", Westwood Subdivision; thence with Lot No® 6 S 11 deg. 11 min. 11 150.0 feet to (2) an iron peg in the North line of a lane; thence with the lane N 78 deg. 49 min. W 90.0 feet to (3) an iron peg; thence `.rith 2 new division lines through the land of Pauline Good N 11 deg. 11 min. E 150.0 feet to (4) an iron peg in the South line of the proposed extension of 1.1estwood ll:pive; thence with the South line of the proposed extension of Westwood Drive S 78 deg. 49 min. E 9G,0 feet to the point of beginning, containing 13,500 square feet more or less. Richard U. Goode, Certified Surveyor, August �7, 1964. # 4307 V►RGINIA FFREDER!CK COUNTY, SCT, _ da of Thisjnerumw^7 of wri,ing was Produced to me on the thereto an iexed was admitted trod with certifka, , of a�kraowier3 -.to record. 'V ., _ .. ��' �� a/i�, ,, 11 _ ('le 4 r�- m i cau�'l ti L . (�C7�� �7 v:P-u C� Cu C, r � " c L �-v N �( s Ly\ 2 o 4 9 PAULINE L. I GOOD, ET ALS TO DEED ROLAND R. WICB ANN, ET UX MASSIC AND SNARR ATYORNCY$ AT LAW WINCMCSTCR. VIRGINIA THIS DEED, made and dated this 15th day of September, 1964, by and between Pauline Li Good and Rufus C. Good, her husband, and Claude B. Larrick, widower, by Pauline L. Good, his Attorney -in -Fact, parties of.the first part, hereinafter called the Grantors, and Roland R. Wichmann:and. Lucille G. Wichmann, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged,. the Grantors do hereby grant, bargain, sell and convey, with general warranty of title, unto the said Grantees, Roland R. Wichmam and Lucille G. Wichmann, his wife, jointly with the remainder io the survivor in fee simple, as at common law, all of the following described property: All of that certain lot or parcel of land designated as Lot A on the pr_ msR-d--A1at and plan of Section B, Westwood Subdivision, which lot borders on the soot side of Westwood Drive for a distance of 90 feet and extends in a southerly direction between parallel lines for distance of 150 feet; with a width of 90 feet in the rear, and is bounded on the south side by a lane, on the west by the other land of the Grantors herein which will be designated as Lot T in the proposed Section B of Westwood Subdivision, and on the east by Lot 6 of Section A of Westwood Subdivision. This is part of a larger tract or parcel of land which was conveyed by Claude B. Larrick, widower, to Pauline L. Good, dated September 23, 1959, and recorded in the aforesaid Clerk's Office in Deed Book 259 at page 487, and in which conveyance the said Claude B. Larrick reserved a life interest. The plat of Richard U. Goode, Certified Surveyor, -is attached hereto and mare a part hereof. This conveyance is made subject to the following restrictions which are deemed covenants running with the land; ® Westwood Sect. A (Pauline Good) ®, Opequon District ® SUBD approved 10/06/62