HomeMy WebLinkAbout03-07 Comments/CorrespondencePeter K McKee (1934 -1967)
Benjamin M. Butler
Stephen G. Butler
Edwin B. Yost
Mr. and Mrs. Oliver Payne
PO. Box 160
Stephenson, VA 22656
Re: Right of Way through Easy Living
Dear Mr. and Mrs. Payne,
April 3, 2007
MM : RODD
Cony
Enclosed is a copy of the signed agreement dated April 3, 2007, regarding our shared
right of way. Please feel free to contact me if you have any questions.
Thank you,
EBY /law
Enclosure
cc: J.H. Yost, III (w /encl)
Greenway Engineering (w /encl)
40
Law Offices
McKEE & BUTLER, P.L.C.
112 South Cameron Street
Winchester, rtrginia 22601 -4733
TELEPHONE (540) 662 -3486
FAX (540) 667 -2180
Edwin B. Yos
R HUTT
APR 0 4 2007
..,... ».— cv>7
Winchester, VA 22604 -1297
THIS AGREEMENT, made and dated this 3` day of April, 2007, by and between Easy
Living Associates, a Virginia Limited Partnership, party of the first part, and Oliver L. Payne and
Ruth B. Payne, his wife, party of the second part.
Whereas, the parties hereto are owners of adjacent parcels of land located in Frederick
County, Virginia, and have previously entered into a Right of Way and Road Maintenance
Agreement dated May 8, 2002, of record in the Office of the Circuit Court of Frederick County,
Virginia, as Instrument Number 020008473, and;
Whereas Easy Living Associates, as a part of its rezoning request may desire to dedicate a
new 50' right of way and to vacate a portion of the old 50' right of way as set forth on the attached
Generalized Development Plan, and;
Whereas the parties wish to set for the terms of said dedication and vacation.
WITNESSETH:
.Now, therefore, for the sum of ten dollars, other valuable consideration, and the mutual
covenants contained herein, where both parties acknowledge the sufficiency of each, the parties agree
as follows:
1. That in the event the Easy Living property is rezoned, Easy Living will grant a new
50' right of way to the parties of the second part, as set forth on the attached plan.
2. That the installation of the new road will be at the cost of Easy Living and it will be,
at the least, in the same condition of the existing roadway.
3. That the parties of the second part will join in the execution of a document that
establishes the new right of way and vacates the old.
4. The parties hereto acknowledge that the location of the right of way depicted on the
attached Generalized Development Plan is the approximate location, but it may vary slightly.
5. That this agreement shall be binding on the successors, heirs and assigns of the
parties.
1
0 0
WITNESS the following signatures and seals:
EASY LIVING ASSOCIATES
(SEAL)
J. . O III
ral Partner
CCLIe_T e e �GLI�KL (SEAL)
OLIVER L. PAYNE
I A W, �d EAL)
RUTH B. PA�er attorney -in -fact,
OLIVER L. PAYNE
STATE OF VIRGINIA
CITY /COUNTY OF To -wit:
a Notary Public in and for thejurisdiction aforesaid, do
hereby certify that J.H. Yost, III, whose name is signed to the foregoing Agreement bearing date the
day of April, 2007, has this day personally appeared before me and acknowledged the same.
Given under my hand this 3 day of r i 2007.
My commission expires /`,� aDZ 6 .
2
STATE OF VIRGINIA
CITY /COUNTY OF Jo-wit:
I, A'ea.*A p,4. KlmN Sep , a Notary Public in and for thejurisdiction aforesaid, do hereby
certify that Oliver L. Payne, whose name is signed to the foregoing Agreement bearing date the3 f�_
day of April, 2007, has this day personally appeared before me and acknowledged the same.
Given under my hand this 3 r9 day of — 2007.
My commission expires
STATE OF VIRGINIA
t;)
CITY /COUNTY OF recloriC , To -wit:
I, 2 w6 e R a Notary Public in and for the jurisdiction aforesaid,
do hereby certify that Oliver B. Payne as Attorney -in -Fact for Ruth B. Payne, whose name is signed
to the foregoing Agreement bearing date the 3 of April, 2007, has this day personally
appeared before me and acknowledged the same.
r
Given under my hand this 3 day of r i 2007.
My commission expires /lay 31" o ? o/
a"
3
.
FILE COPY 46
1 te a COUNTY of FREDERICK
.e
r
Department of Planning and Development
® 540/665 -5651
FAX: 540/665 -6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: May 14, 2007
The amount of $50.00 was deposited in line item #3- 010 - 019110 -0008 for the company named
below had a deposit for one sign for Rezoning 403 -07 for Easy Living Commercial Center. The
company has returned the sign and is therefore entitled to the return of the deposit. You may pay
this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Easy Living Mobile Home Park
2211 Roosevelt Blvd.
Winchester, VA 22601
RSA/pd
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Pd by PLANNING Check 24 nu"Lu
BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 3/2007
DERICK COUNTY Date V 3/27/2007
WILLIAM ORNDOFF, JR Register: JKH /LK
J .0. BOX 225 Trans. #: 36983
Dept # 1095
WINCHESTER VA 22604 -0225 Acct#
SIGN DEPOSITS PLANNING Previous
Balance $ 100.00
Principal Being Paid $ 100.00
Penalty $ .00
Interest $ .00
PLANNING
Amount Paid $ 100.00
*Balance Due $ .00
Cash 450.00
Pd by PLANNING Check 24507.20 # VARIOUS
BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 3/2007
Pounded in 1971
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
T R A N S M I T T
MAY 1 1 2001
1 j
i
A L
Project Name: Easy Living Associates Commercial Rezoning Proffer Staterr
File No:
0633
Date
May 10, 2007
To:
FC Planning
From: Evan Wyatt/
Attn:
Mike Ruddy
GREENWAY ENGINEERING
Phone: 540- 662 -4185
Copied
Fax: 540 - 722 -9528
Delivery: ❑ Fed Ex ❑ U.S. Mail
❑ Other
❑ Urgent ® For Your Review
❑ Courier
® As You Requested
❑ Pick Up
® Please Comment
Message:
Hi Mike.
Please find attached the final Proffer Statement for the Easy Living Associates Commercial
Rezoning that has been signed and notarized. This Proffer Statement has been revised to
incorporate the new language . under item D(6) as we discussed as a conditional of Board
approval last evening. Please provide me with your final approval letter for this project at your
earliest possible convenience.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received By: Date:
•
10 GREENWAY ENGINEERING
151 Windy Hill Lane
w .,,, kd m 1911 Winchester, Virginia 22602
T R A N S M I T T A
IJ
Project Name: Easy Living Commercial Rezoning
File No: 0633
Date Mav 1, 2007
To: FC Planning From: Evan Wyatt/
Attn: Mike Ruddy GREENWAY ENGINEERING
Phone: 540 -662 -4185
Copied Fax: 540- 722 -9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ® As You Requested ® Please Comment
Message:
FIi Mike,
Please find attached the final Proffer Statement that provides for the revisions that we discussed
yesterday, as well as 28 copies of the attached GDP and corridor enhancement exhibit. Please
advise me if you need any additional information at this time.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received By: �� �_ Date• i ° 7
GREENWAY ENGINEERING
151 Windy Hill La
Fo.,dd,d , 19;1 Winchester, Virginia
j
Project Name: Easy Living Commercial Rezonin
File No: 0633
Date March 23 2007
To:
Attn:
Copied
Delivery: ❑ Fed Ex
❑ Other
MAR 2 3 2001
FC Planning Fro
Mike Ruddy GR
Ph('
Fa;
❑ U.S. Mail
® Courier
❑ Pick Up
❑ Urgent ® For Your Review
❑ As You Requested
❑ Please Comment
Hi Mike,
Please find attached a complete set of the required information for the filing of the Easy Living
Commercial Center Rezoning Application, including two additional binder copies and 44 color
copies of all maps and exhbits. Please schedule this application for the April 18, 2007 Planning
Commission agenda and contact me if you need any additional information at this time.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received By: Date:
I DEPT. OF GEOGRAPHIC IN AATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
0
GIS, MAPPING, GRAPHICS
S
WORK REQUESTS 0
DATE RECEIVED: 3 0
REQUESTED COMPLETION D ATE:
REQUESTING AGENT:
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone:
E -mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional i
Cn�o� � ftPs
t�ln1'S qq -I -13 4 1j1g - 1- a ) 3 j 3
DIGITAL: PAPER FAX:
SIZES:
COLOR:
BLACKIWH=: NUMBER OF COPIES:
STAFF MEMBER HOURS REQUIRED:
COMPLETION DATE:
MATERIALS:
DATE OF PICK- UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
cation on back of request)
EASY LI U I G do&#tog lft eF-A-1
� tN J 44 -1
E- MALL:
AMOUNT PAID:
CRECK NO.#
FAX:
Frederick County GIS, 107 North Ken[ Street; Winchester, VA 22601, (540)665 -5651)
•
i
Document Approval Form
PLEASE REVIEW TBE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL,
IF THIS DOCUMENT DOES NOTMEET YOUR APPROVAL PLEASE PROVIDE
COMWENTSAS TO WHAT YOU WOULD LI%E TO HAVE COMPLETED.
INITIALS DATE & TIME
Candice
Bernie
Mark
Susan
Eric
Mike 3 2 6 b 7-
Kevin
John
Lauren
COMMENTS:
Received by Clerical Staff (Date & Time): Q I >-4 u
U:\Pam \COmmOn\Document Approval Form.wpd
0 •
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Fee Amount Paid
Zoning Amendment Number Date Receive
PC Hearing Date BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Enttineerin Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
2. Property Owner (if different from above)
Name: Easy Living Associates Telephone: (540) 662 -3486
Address: 112 South Cameron Street Winchester, VA 22601
3. Contact person if other than above
Name: Evan Wyatt, AICP
Telephone: (540) 662 -4185
4. Checklist: Check the following
items
that have been included with this
application.
Location map
®
Agency Comments
❑
Plat
❑
Fees
❑
Deed to Property
❑
Impact Analysis Statement
Verification of taxes paid
❑
Proffer Statement
0 •
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Easy Living Associates, Jacob H. Yost III, Manager
6. A) Current Use of the Property: Residential and Unimproved
B) Proposed Use of the Property: Commercial
7. Adjoining Property: Please refer to attached Adjoining Property
Owner List
RCEL I
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The subject property is located on the west side of Martinsburg Pike (U.S. Route 11),
approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route
761) intersection.
0
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification /Location: Parcel Identification Numbers 44- ((I)) -B; 44B�
((I)) -2, 44B- ((] ))/, 44B- ((1))- 3X44B- ((1)) 44B- ((1)) -6,
Districts
Magisterial:
Fire Service:
Rescue Service:
10.
11
Stonewall
Clearbrook
Clearbrook
High School:
Middle School:
Elementary School
James Wood
James Wood
Stonewall
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
4.02
RA District
B -2 District
15.0
RA District
B -3 District
19.02
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi- Family
Non- Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
* The Proffer Statement limits the square footage of development to 30,000
square feet of commercial within the B -2 District and 90,000 square feet
within the B -3 District portions of the Property.
0 0
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): Date: 5 Q G
Owner (s): Date:
0
NOTES
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ k ASSOCIATES ON MARCH 18, 2004,
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
4. SEE SHEET 2 FOR COURSE INFORMATION.
44 -1 -D
O.L. 6 RUTH B.
PAYNE
381/225
44 -1 -A
y RONALD S. 8 VELMA D.
`�2• 51MKHOVITCH
�F 883/181
I
44 -1 -DI
EASY LIVING
ASSOCIATES
468/629
i
i
14.714
ACRES
44B -1 -12E
WAMPLER'S MI
HOMES
TM -6
927/1092
.004 ACJ
(14 .004A
44 -1 -C
EASY LIVING
ASSOCIATES
468/634
/ PROPOSED ti
B3 a "ti aos;�J,9
ZONING c�� �O�9J /jJ�fShr
(15.006 AC) �y qq
s4 0 2 p oof,
tiS, "D
�.� Qy'ss• <G S 1F Q�i
1441 8
h ^ / ACRES
s' TM N44 -1 -B ` 6 �' Off' Q L
(1.002 Ac.) oar 2�FfJ� y �
ti J c
�O
60' R/W
ESMT. IR
902/1267 �6a ���� L; � �P
<s 1.126 ACRES
TM ,#44B -1 -4
<h .yp � . ✓ �1.
(10 0.192
"g7 c , c,, c� ACRES
!y ��F L p TM #'440 -1 -3
TM #448 -1 -1
CHARLES EDWARD d c PROPOSED
EVELY 1 ). SHIPLEY 62
ZONING
(4.021 AC)
PROPOSED REZONING PLAT
EASY LIVING
ASSOCIATES LAND
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: ? = 200' DATE: AUGUST 31, 2006
PRESENT OWNER:
EASY LIVING ASSOCIATES
SEE SHEET 2 FOR TAX MAP AND DEED INFORMATION
PROJECT #2055
P A - TH OF'
MICHAEL M. ART2
No 1951
q 'VO SUR` -'.�
0
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
Cl
2824.79
100.26'
100.26'
S 42'28'24" W
02'0201
C2
2824.79'
171.14'
171.11'
S 45'13'33" W
03'28'16"
C3
2824.79'
69.78'
69.78'
S 47'40'08" W
01'24'55"
C4
762.13'
60.67'
60.65'
S 48'59'30 W
04'33'40"
C5
2824.79'
155.83'
155.81'
S 51'11'14" W
03'09'38"
LINE
BEARING
DISTANCE
Li
S 47'58'26 W
34.43'
L2
S 47'49'52" W
100.68'
L3
S 49'28'27" E
304.27'
L4
N 49'34'25" W
310.33'
L5
N 47'42'31" E
215.61'
L6
S 49 E
94.75'
L7
N 40'34'25" E
239.86'
L8
N 49'24'49" W
64.79'
L9
N 49'24'49" W
248.88'
L10
N 49'28'13" W
116.43'
L11
N 49'23'12" W
109.95'
L12
N 40'39'59" E
69.31'
L13
S 49'26'16" E
124.94'
L14
S 49
319.76
L15
N 47'44'34" E
40.28
Lib
N 48'54'26" W
155.23'
L17
N 47'41'00" E
201.44'
TM 144B-1-2 1.113 AC.
TM 448 -1 -3 0.192 AC.
TM 4413-1 -3A 0.441 AC.
TM 448 -1 -4 1.126 AC.
TM 44B -1 -6 PART OF 0.710 AC.
TM 44 -1 -8 PART OF 0.439 AC.
TOTAL B2 ZONING: 4.021 AC.
PROPOSED 133 ZON
TM TM 44 B (PART OF; 14.004 AC.
1.002 AC.
TOTAL 133 ZONING: 15.006 AC.
PRESENT OWNER:
EASY LIVING ASSOCIATES
TM #44B -1 -2
1.113 ACRES
DB 626, PG 810
- TM - #44B -1 -3
0.192 ACRES
DB 903, PG 244
TM #44B -1 -3A
0.441 ACRES
INST.# 020008972
TM #44B -1 -4
1.126 ACRES
DB 903, PG 244
TM #44B -1 -6
14.714 ACRES
DB 438, PG 629
TM #44 -1 -B
1.441 ACRES
IN5T.# 060016824
COURSE SHEET FOR
PROP05ED REZONING PLAT
EASY LIVING
ASSOCIATES LAND
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: AUGUST 31, 2006
PRESENT OWNER:
EASY LIVING ASSOCIATES
PROJECT #20650
IH OF
CHAEL M. ARTZ v
No. 1951
8��7�1b
�. SURNjF'�