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HomeMy WebLinkAbout11-99 Ronald & Velma Simkhovitch - Stonewall - BackfileD< wReceived Fro W ddress J For x=�ACCOUNT U Z 4 AMT. OF CASH AcdbUNT AMT PAID CHECK BALANCE+. MONEY OUF ORDER UVIGUV 11, " Dollars 9&() I t7(aln" {vim Date REZONING TRACKING SHEET Application received/file opened ,5- `% - 1 '1 Reference manual updated/number assigned rl-/5-�� D-base updated File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing 40 color maps ordered from Mapping & Graphics PC public hearing date ACTION: hLommQ' BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with --ond-itietts pr-999r-ed received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) 7 - Action letter mailed to applicant 1 -15 l Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) 01-11, 99 File given to Mapping & Graphics to update zoning map 07-1(0-W 6? Zoning map amended Other notes: U ACuo1\Common\nncking.rez • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 678-0682 July 16, 1999 Mr. Michael M. Artz Hawkins and Associates 35 West Boscawen Street Winchester, VA 22601 RE: REZONING APPLICATION #11-99 OF RONALD & VELMA SIMKHOVITCH P.I.N. 44-1-A Dear Mike: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 1999. The Board approved your request to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District. Pursuant to direction from the Board of Supervisors, a refund check is being processed for Mr. Simkhovitch and will be issued with the next billing cycle. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application or the refund. Sincerely, Evan A. Wyatt Deputy Director EAW/ch cc: Charles Orndoff, Stonewall District Supervisor Ronald S. Simkhovitch Jane Anderson, Real Estate O:\Wgendas WPPR_DEN.LTR\REZ's\Simkhovitch. REZ 107 North Kent Street • Winchester, Virginia 22601-5000 rA i 0 0 File COPY COUNTY of FRRDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 Ib1EMORANDUM--------- j TO: Cheryl Owings, Finance Department FROM: Evan A. Wyatt, Deputy Director THROUGH: John R. Riley, Jr., County Administrator RE: Refund of Application Fee DATE: July 15, 1999 Please issue a refund check payable to Ronald Simkhovitch in the amount of $592.60. A copy of receipt #001206 for $692.60 is attached. The money was deposited under the following line item: $667.60 - #GF1303-07 (Finance) and #ZASP [rezoning application fee] + 25.00 - #101616-02 (Finance) [sign deposit] $692.00 - 100.00 (Less basic reduced fee) $592.60 A separate memo requesting a refund of the sign deposit will be submitted after the applicant has returned the public hearing sign. Please send the $592.60 refund check to: Mr. Ronald Simkhovitch 2929 Valley Avenue Winchester, VA 22601 Thank you. EAW/ch Attachment cc: Board of Supervisors John R. Riley, Jr. Renee' S. Arlotta U:\Carol\Common\Refund.memo.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 0 • 0 0 PC REVIEW DATE: 06/02/99 BOS REVIEW DATE: 07/14/99 REZONING APPLICATION #11-99 RONALD AND VELMA SIMKHOVITCH To rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas) LOCATION: This property is located at 2659 Martinsburg Pike (Route I I North), approximately '/z mile north of the intersection with Old Charles Town Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-1-A PROPERTY ZONING & PRESENT USE: Zoned: MI (Light Industrial) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: M1 (Light Industrial) District Use: Residential RA (Rural Areas) District South: Zoned: RA (Rural Areas) District Use: Residential East: Zoned: RA (Rural Areas) District Use: Residential West: Zoned: M1 (Light Industrial) District Use: Residential RA (Rural Areas) District PROPOSED USE: Construct a residential garage for personal use. n • Simkhovitch REZ #11-99 Page 2 July 7, 1999 REVIEW EVALUATIONS: Planning & Zonin2 1) Site History The original Zoning Map for Frederick County (U.S.G.S. Stephenson Quadrangle) depicts this property as MH (Mobile Home) District. The Board of Supervisors rezoned this property to M1 (Light Industrial) District on June 11, 1980, as demonstrated in Rezoning #005-80 of O. L. Payne. 2) Location This property is located in the County's Sewer and Water Service Area (SWSA) and is a component of the Route 11 North Land Use Plan. The Land Use Plan calls for industrial areas within the proximity of this property. 3) Site Suitability The property does not contain environmentally sensitive areas, nor are potentially significant historic structures on -site or within close proximity of the property. The Frederick County Rural Landmarks Survey identifies Stephensons Depot as a potential historic district which is located just south of this property. 4) Potential Impacts and Issues Staff has not identified any potential impacts or issues associated with this rezoning application. STAFF CONCLUSIONS FOR 6/2/99 PLANNING COMMISSION MEETING: The request to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas) for the purpose of constructing a residential garage for personal use does not appear to create a negative impact to this area or to adjoining properties that are used for residential purposes. n U Simkhovitch REZ #11-99 Page 3 July 7, 1999 PLANNING COMMISSION SUMMARY & ACTION OF 06/02/99 MEETING: The staff explained that the purpose of the rezoning request is to allow for the construction of a residential garage for personal use on the portion of the property that is currently zoned MI (the house is located on the RA portion). Staff explained that the larger setback and buffer required with Ml-zoned land precludes the applicant's desired placement of the garage. There were no public comments. The Planning Commission believed the construction of a residential garage for personal use would not create a negative impact to the area or adjoining residential properties and they unanimously recommended approval of the rezoning. (Note: Mr. Stone and Mr. Ours were absent from the meeting.) O:\Agendas\COMMENTS\REZONING\Staff Report\Simkhovitch.REZ.wpd RPA,**** 1] REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Date Received PC Hearing Date 99 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: V,C L4V-L- lu . 4 0-1-Z-, Telephone: C (--7 --�z 33 Address: � A vjVlv-5 2. Property Owner (if different than above) Name: 4o,,W 5 • � 1%�Arn4 17, Sim. '-fbut 1'4Telephone: L (--Z -Col L'� Address: IZZi Afar } 1 �0 i3ICe w c��c4,a5-{� tJ� ZZr:o3 3. Contact person if other than above Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map ✓ Plat �— Deed to property Verification of taxes paid ✓ 11 Agency Comments Fees _T Impact Analysis Statement 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: 6. A) Current Use of the Property: J C4-C- B) Proposed Use of the Property: JL-S Ot*(C0.J 7. Adjoining Property: PARCEL ID NUMBER 4q-- I-P USE Ze�5" dW+«( ZONING AA 1 24 ZA 2,9 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): o- s AA ( I_E-s IJ aWl-� J IIA A ram- t AJ S-B O R-C p K2- FV,,-� cr)-rcaSgcrtoM w %Oft) C4-(4-W-e::S �I 12 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 Number 44 - 1 - A Magisterial: �sTarne_"spa- t-- Fire Service: C kcey •-o 0111Z_ Rescue Service: e1j,- vu6�� Districts High School: ^ wcn& Middle School: Mt', W t�o 6- Elementary School: e A2w4- 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re Rested 1, 1 ZA Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: C Townhome: Non -Residential Lots: 0 Mobile Home: Office: C) Retail: Restaurant: Square Footage of Proposed Uses 13 Multi -Family: O Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 14. 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 to me (us) 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 best of my (our) Jcnowledge. Applicant: Owner: Date: 14, Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Q. l_ , 6Z� �7. ��� IS �v 22 � S � Pro e # Namej"V—lC. litccApItYL 5Z eAc-Q- 2.G4g /UlR2rcNSF�J2� �rl�2 STq9h-eL`5e n V¢j- ZZ��✓- Pro e # `i'y� _ r IZ� Name ro q(.,6J Alcdd.(-,--- 2-Jn C,J "C. .p�+QjC t1l� 2Z� O 7 — I — I2 C Name Eas 1`,4aT(N5 d v2rr ter IC-� VA 2ZGS� Property # 9 13 Name 6bVto— Pro e # L} `1- A — z' -7 Name jc,G(,�,/ I�- l,,3-j—pPV-L 5(2- t � Pro e # L14 — rJ � Name Property # Name Property # Name Property # Name Property # 15 • 0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on June 2, 1999 BOARD OF SUPERVISORS: Approved July 14, 1999 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11-99 OF RONALD AND VELMA SIMKHOVITCH WHEREAS, Rezoning #11-99 of Ronald and Velma Simkhovitch, was submitted by Hawkins & Associates, to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Rt. 11) approximately'/z mile north of the intersection with Old Charlestown Road (Rt. 761), and is identified with Property Identification Number 44-1-A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 2, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on July 14, 1999; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 1.836 acres from M1 (Light Industrial) to RA (Rural Areas), as described by the application and plat submitted. PDRes # 19-99 0 0 This ordinance shall be in effect on the date of adoption. Passed this 14th day of July, 1999 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. O:\Agendus\COMMENTS\REZON ING\RESOLUTN\Simkhovitch. RE S Aye Richard C. Shickle Aye Margaret B. Douglas Aye Robert M. Sager A COPY ATTEST John�R_ ley, Jr. Frederick County Ad nistrator Aye Aye Aye RONALD S. & VELMA D. SIMKHOVITCH Rezoning Request MI to RA 1.836 Acre Portion of 3.362 Acre tract Stonewall Magisterial District Review of Impact Analysis Statement Components Purpose — The purpose of this rezoning request is to reduce the zoning on the 1.836 Acre Portion of a 3.362 Acre tract to allow the owner relief from setback regulations for the purpose of constructing a garage for his personal use. The entire property would be entirely zoned RA. Back ou nd — Currently the property consists of a 3.362 Acre tract of land. By deed dated July 7, 1997 and recorded in Deed Book 883, Page 181, a 1.836 Acre parcel (zoned M1) was conveyed by a Boundary Line Adjustment to and consolidated with a 1.526 Acre Parcel (zoned RA) standing in the name of Ronald S. & Velma D. Sinnldnovitch. The zoning district line remained as the original division line between the two parcels while the division line was vacated by the Boundary Line Adjustment. Located on the RA parcel are a single family home and a trailer. No proffers are offered. The parcel would be completely zoned RA and would have to comply with all regulations regarding the RA zone. Location — The property is located on the northwestern side of Martinsburg Pike (U.S. Route 11) approximately 0.5 miles North of the intersection with Old Charles Town Road (S.R. 061). Site Suitability — The site is suitable for RA zoning. There are no flood plains, wetlands, steep slopes, woodlands, prune agricultural soils or soil conditions existing on the 1.836 Acre requested for RA zoning that create a developmental concern. Surrounding Properties — The use of the surrounding properties to the south are rural hi nature with single family homes. The property to the north and west is currently zoned Ml . Traffic Impacts - There are no traffics impacts associated with the requested RA zoning. The single family home and trailer are existing and no new homes or traffic generators are proposed. Sewage Conveyance and Treatment & Water Supply — The existing dwelling and trailer is served by on - site septic system and well. Drainna— Runoff potential due to development will reduced since this portion of the property will not be commercially developed. Solid Waste Disposal Facilities — There are no impacts since there are no additional homes proposed. Historic Sites and Structures — There are no known historic sites or structures on this property. Impacts on Community Facilities — This is not applicable in a "down zoning" request such as this from M1 to R.A. Other Impacts — There are no other impacts associated with the rezoning request. Proffers — There are no proffers suggested for this rezoning. Print Key Output Page 1 5769SS1 V4R3MO 980729 FRCK40 04/29/99 10:41:16 Display Device . . . . . XB User . . . . . . . . . . BHH Date: 4/29/99 Cash Register: COUNTY OF FREDERICK Time: 10:40:45 Cashier: BRENDA H. HIGH Register: OPEN Drawer: BHH Register ID: XB Customer Transactions: (F5=Review) Total Transactions: 937 SEARCH BY NAME X=Select B=Billable Address X/B Dept Ticket No. FQ Name Description Adj. Amount VL1999 00603620001 001 SIMKHOVITCH, RONALD FORD 1983 VL1999 00603630001 001 SIMKHOVITCH, RONALD FORD EXPLOR1996 20.00- RE1998 00287090002 002 SIMKHOVITCH, RONALD 3.36 ACRES RE1999 00289960001 001 SIMKHOVITCH, RONALD 3.36 ACRES 512.12 RE1999 00289960002 002 SIMKHOVITCH, RONALD 3.36 ACRES 512.12 DT95 00001640001 001 SIMKHOVITCH, RONNIE BRANDY 5.00- RE1999 00289970001 001 SIMKHOVITCH, RONNIE .80 ACRE 283.20 RE1999 00289970002 002 SIMKHOVITCH, RONNIE .80 ACRE 283.20 Bottom Position To• Search Total: $1401.89 F1=Goto Amt Tendered F3=Exit F10=Functions Menu F14=VIN# F15=Show Org. Amt F16=StrAddr F18=Desc F19=Map# F20=Soc# F21=CmdLine 0 Print Key Output Page 1 5769SS1 V4R3M0 980729 FRCK40 04/29/99 10:42:43 Display Device . . . . . XB User . . . . . . . . . . BHH Date: 4/29/99 Cash Register: COUNTY OF FREDERICK Time: 10:42:35 Cashier: BRENDA H. HIGH Register: OPEN Customer Name: SIMKHOVITCH, RONALD S. & Drawer: BHH MAP#: 44 1 A Prop Adr: 2659 MARTINSBURG PIKE Customer Transactions: (FS=Review) Total Transactions: 937 Dept Ticket No. FRQ BiLLDate Charge Penalty/Int Amount Paid Balance RE1999 00289960001 001 6/07/1999 512.12 512.12 RE1999 00289960002 002 12/06/1999 512.12 512.12 Comment ..............: Old/New Promise Date.: / Total: $1024.24 No. of Transactions: 2 Amount to Pay: F3=Cancel F4=Accept Pymt F7=Pay Separately F15=Show Penalty/Int F21=CmdLine i 0 lb 4 NOTES: SHEET 2 OF 3 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY EBERT do ASSOCIATES ON JUNE 10, 1997. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. EASY LIVING ASSOCIATES 44B-1-6 659/693 ZONED RA RESIDUE OF PAYNE ZONED M1 REBAF (SET) eR(1 <S .99 S 54'05'30" E 21.59' N 40'39'46" E I POST / 123.00' z o(01 I I I (FOUND) IRON I (FOUND) THISfl 1 THIS DEED LINE (DASHED LINE) w 1 IS HERBY VACATED. °i 100' BRL TRAILER IT IS TO BE RETAINED AS N L \--� A ZONING LINE. 1.836 AC. 1 3.362 (PORTION OF PAYNE 1 1 381/ZONED41—D) M11 ACRES ,�, N � o REBAR S 4939'4(7 W 284.90' REBAR PORCH CARROLL E. HEISHMAN 44B-1-12C ZONED RA AREA TABULATION SIMKHOVITCH PARCEL = 1.526 AC. PORTION OF PAYNE = 1.836 AC. TOTAL = 3.362 AC. JACK K. WAMPLER, SR. 44B—A-12D 617/598 ZONED RA 1.526 AC. D SIMKHOVITCH 546/527 44-1—A ct� ZONED RA 1 �1 1 RE (S BAR 5ET) BOUNDARY LINE ADJUSTMENT OF THE \ 123 00' 4s' w PROPERTY CONVEYED TO MARTINSBURG PIKE O.L. & RUTH B. PAYNE (U.S. ROUTE 11) DB 381, PG 225 TM #44-1—D AND THE PROPERTY CONVEYED TO RONALD S. & VELMA D. SIMKHOVITCH DB 546, PG 527 TM #44--1 A SCALE: 1" = 100' DATE: JUNE 10, 1997 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA Ebert and Associates An H. Aubrey Hawkins Associates, Ltd. Company LAND SURVEYING LAND PLANNING DEVELOPMENT 35 W. BOSCAWEN STREET WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 F'ROJECI #870112 . ��i'3'fro.:--'w:.i.3issuMsMA4�11�•i. �js. _ .. . FREDERICK COUNTY - Fit. 720 - - �9 80 h 82 97 2 pie. O 28jb. ,,d'` 0, Rt, Q�• • A �9C r,� eJ5 • , � a0 d' 1• 77A 83 98 y BM / 97 J Morel � tl Lone 71 � �, 2 pit.8 6 / 75A / tq,• 8J6 "si, 968 96 85 C$X ' s•• s6 ' �- O��F� 89 you, FREYCO O 4 V 2 pia �� Spring 9s / a RAILRo 0� Meadows 2 pi•. �•,, �'TE Bw 606 89A a% M.H.P. �• 115 //0f Su 602 i ( 4 ' 2 pis � � i 4,� Y M.H.P.�� pie. , �• 95 ' �3, / OSTEP1 SON 2Pis 114DI s Easy Iving MAY v \ 121A 4,10� ZS / 121 58 \� �— ---_. 6A 5 V 94 6 i 0 tib 199 t wompler's i ; 0h O ••• L `r0 �21}4.a M.H.P. - East 126— % Q� d9 44 !gJ 6 51 94A 28 i ' + 46 ,198 q►r 1\ 41 O 13 1 qv SB R�' 42 ; 138�. 43A Rf. 12A 1 38 37 ; w�ni 2u- �It� , 'p af4f �1708 200 naaw 1 '� -0 ra-u• c 9 �� • 39 ==i3 T 172 ,J Old Chaorn N 54i: »B•• 17 f / OP1 Q 138B�,i �: �� ` 173 -1170 40 2 PIS. a / V P 170 .• 0 203 204 h 40 Ry 24 .. 2 pia Y ,e�•9 Old G�•r Bu 637 // • 25 ♦G�1 s `/ 2 pla q•d 1 '� •�`i ` 132A j __j q• TI �, a 134A i 292 2 2v •. �' 31 \ 1h 0 • BX883PGO181 THIS DEED made and dated this 7th day of July, 1997, by and between O. L. PAYNE and RUTH B. PAYNE• his wife, parties of the first part, hereinafter called the Grantors, and RONALD S. SIhIKIiQVITCII and VELMA D. SINIKIIOMCII, his wife, panics of the second part, hereinafter called the Grantees WITNESSETII: That for and in consideration of the sum of Ten ($10 00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and corney with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land, together with the improvements thercon and the appurtenances thereunto belonging, I)ing and being situate in Stonewall District, Frederick County, Virginia, containing 1 836 acres, and more particularly described by plat of survey drawn by Michael M Artc, dated June 10, I W7, attached hereto and by this reference rnade a pan hereof a if set out in full, and being a portion of the same land conveyed to O. L. Payne and Ruth B Payne, his wife, by deed dated August 31. 1971, of recnrd in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 381 at Page 225. and by this reference made a put hereof as if set out its U. Reference is made to the aforesaid deed and plat for a more particular description of the property herein conveyed. The Grantees join in the execution of this doed to agree that the land herein conveyed shall be joined with and become a part of, that certain 1.526 acre tract heretofore r 3 i r f 1 1. b � t+ tY� t s' BK883PGO182 conveyed to the Grantees by deed dated April 16, 1982, of record in the aforesaid Clerk's Office in Deed Book 546 at "age 527, and when combined with the land herein conveyed, shall constitute a tract of land containing 3.362 acres, as shown on the plat of survey drawn by Michael M. Artz, dated June 10, 1997, attached hereto, and by this reference made a pert hereof as if set out in full. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantors hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and en cumbrances, and they will grant such further assurances of We as may be requisite. W I TNLSS the following signatures and seals: Cl' Z /4w� (SEAL) O. L. Payne (SEAL) Rooald S. Sk*hovitch - A LMh� �, (SEAL) Velma D. SirplNovitch 2 II •DK883PG0183 • STATE OF VIRGINIA, CITY OF WINCIIESTER, TO -WIT � 1, �(1 , GT 1, rr( a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that 0. L Payne and Ruth B Payne, whose names are signed to the foregoing Deed, dated the 7th day of July, 1997, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1. (liven under my hand this Cf JL day of July, 1997 .•• yr.f, �+ •.• My Commission expires STATE OF VIRGINIA, lr ? 0 •?C't� � � ''o z , I � h3�lyv� t It v t NOTARY P IC CITY OF WI CHESTER, TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Ronald S. Simk}wvitch and Velma D Simkhovitch, whose names are signed to the foregoing Deed, dated the 7th day of July, 1997, have personally appeared before me and uknowledgcd the same in my State and •.wr- jurisdiction aforesaid. Given under my hand this Ti day of July, 1997 r # y My Commission expiry -' 6 o 17 on rt o� v7 •L �..... a h pisa4 "`rw►hn{t043J*rnb"M NOTARY PUBLIC s s 4 Y 3 A A , v , 19883PGO184 _ 'BOUNDARY LINE ADJUSTMENT OF A PORTION SHEET 1 Of' 3 ,OF THE PROPERTY CONVEYED TO ' 1. & RUTH B. PAYNE STONEWALL DISTRICT, W pEID BOOK 381, PAGE 225 FREDERICK COUNTY, VIRGINIA JUNC 10, 1997 AND THE PROPERTY CONVEYED TO TAX IIAP NUMBERS RONALD S. & (44-1-A ZONED RA) VELMA D. SIMKHOVITCH (++-I-o ZONED Y1) IN DEED BOOK 546, PAGE 527 9 ! o� VICINITY MAP SCALF: 1" - 2000' OWNER'S CERTIFICATE: THIS BO(AIDMTY LRtE ADWTYENT, AS 1T Wf WS ON T19S PUT, tS w" THE FREE CONSENT AND N ACCOIMMICE MR1i THE DESIRES OF THE UHDEr-1 M OWMYS, ORS OR TRUSTEES. O.L. PAYNE' DATE S SIYKHO4 DI DATE 30 RUTH B. PAYNE DATE VELl1A D. SAW&TCH DATE NOTARY PUBLIC: STATE OF MG+11 COUNTY OF FR£DERf TO VT: ACI040'NI.EDGED BEFORE WE N MY COUNTY AND STATE AFORESMO TICS -1-MY OF 1 N� 19 t 0um Mu - (::�wl/ � ITT WAes M _ - $URVEYDR'S CM W)CATE: I CERT711f DW TIC LAW N THS BOU CARY U1E ADAM ENT tS All OF THE LAW CONVEYED TO RONALD S. VEL1N► D. SUG MTCH BY DEED DATED APfu 16, 1942 AND RECORDED N DEED BOOK 546, AT PAGE 527 ADO A PORTION OF THE LAW CONVEYED TO O.L. h RUM B. PA BY DEED DATED AUGUST 31, 1971 AND RECORDED N DEED BOOK 381, PACE 225. ✓ l . WWR k ARTZ. lMD Nfl4011ESTER—FREDERK;K COUNTY FREDERICK COUNTY HEALTH DEPARTMENT SUMNISKNJ "IN T Aarn"o� Ebert and Associates /% //✓/� An It. Aubrey Hawkins Asooclatas. Ltd. Company " JIZ LAND SUR*VVIING LAND PLATTING DEYELOPUENT Vp '& I' 35 w. BOSCAWEN STREET MRNCNESTLR, VA,22601-4740 (s (DTEL S10-667-3233 FAX W-667-9188 TOLL FREE 1-800-755-7320 ob83PGO 185 SHEET 2 OF 3 IblOt 4 SOUIQ►R/ SNONI FE3EOM M16 DETUOfiD BT A FED RlM SUSKY PET301t1[D BT ®EAT t ASSDCVM ON SUE 10, W. L M RAF 5 SAC? TO EJSEI[NTS AND FUMI CflON5 OF RECORD. l 110 MU N"l RJRf O. (SET) EASY LMNC ASSOCIATES Z 448-1-6 859 693 ZONED RA ti >EI (5m CARROLL E. IIEMWAN 448-1-12C ZONED RA RESIDUE OF PAYNE ZONED M 1 ' D 1 S 5,V05'W E 1 21.'S9' N 4C 1 POSi / 123.0C i10N PPE 110M 11 'w' LU 1 1 I A36 W- 1 3.362 ".�`"-011 ACRES loon1" S 44730'4tr I 284.WR can .r.o+ JACK K. WAMPLER, SR. 448-A-12D 617/598 ZONED RA M DUD LK (ham VU 5 mm MU1ED RtS10EIEUS"AS A ZD" LIML 1 SZo srroaTlff cil o� ZOWD PIA 1 1 1 1�" 90UND�ARY UNE ADJUSTMENT OF THE \ 12 W `r " PROPERTY CONVEYED TO UARTINSK c PIKE O.L. & RUTH B. PAYNE (U.S. ROUTE 11) De 381, PG 22IW 144-1-D AND THE PROPERTY CONVEYED TO RONALD S. & VELMA D. Sl I HOVITCH D8 546. PC 527 IM 144-1-A / a► T >mL. r - 100' um. Al[ m 1 M 7 A An e and o w $ l)AAF172 s We wiWoo use iw bricA►r,on b W 909CO l SWUl . , ��n17 UNCHIl t Ww ZMI-4740 G, /,� g 7 IR S10 MI-7Q11 Fox 5w-up—low / / ►11p�(T �f7011Z f. BK833PG0136 SURET 3 OF 3 The following is do noles and bounds description of a 3.362 acre tract of load cottgsting of a 1.526 acre tract conveyed to Ronald S. A Velma D. Shnkhavi ch by deed dated April 16, 1992 and recorded in Dced Book 546, Page 527 mad a 1.936 acre tract being a Portion of the land conveyed to O.L & Ruth B. Psyno by deed dated August 31, 1971 and recorded in Deed Book 311, Page 225. Said tract being kKAed on the northern side of Msrtimburg P► -e (aka U.S. Route 11) in Stonewall District, Frederick County, Virginia. BEOWNWO at a rcbsr sd in the northern inn of Mmlinsbarg Plate (aka U.S. Route 11), a corner with O. L A. Ruth B. Payne; thence with the right-of-way fine of said road 3 40-39-46 W 123.00 feet to a rebar act, a corns with Jack K. Wwnpicr, Sr.; Ownce with two tines of Www4cr N 59-59-18 W 305.73 fed to a rebw act; dwnLe A 40-39-46 W 2M.90 fed to a mbar net, a corns wi(h acid Woupia, Carroil E IIcWunan, and Easy Living Associates; thence with Eery Living Asaociatess N 49-20.14 W 361.29 feet to a rotor set, a now corn-, Qwnce nuking two new iince through the taruk of O. L A Ruth B. Pryno N 63-23-43 E 257.99 fed to a poa:, 9 5"5-30 E 21.59 fed b w iron pipe found, a corner wO the With SkakSavOch 1.526 sae tract; Qwtce with do �>t boutd+ry ices of said Pryne N 4a39-46 E 123.00 foot b ao iron pipe found; thence 9 59-5941 E 550.00 feet b dw begieoiag. COMAIMM 3-%2 ACRES AL SURVEYED TUNE 10, 1997 %WWW t rllsttott4olM we �a►wnr.sas s! esttry nsaa r one « w WW .M •...a*Rwa to r.o«r, Ar t�qo.«+ ►tr aK la. I JOa M be" be" OAK 11 6666464bdw 41,C 7 , Gant FA COUNTY of ri+'RED NU, CK ;Department of Planning and Development 540/665-5651 FAX: 540/673-0632 MAY 2 7 1999 DEPT, OF PLANNING/DEVELOPMENT �I O7IFICNfIONI OF PUBLIC ASN"WiNIG May 19, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-99 OF RONALD AND VELMA SIMKHOVITCH On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on June 2, 1999 at 7:00 p.m., in the board room of the Frederick County Administration Building at 1v7 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #11-99 of Ronald and Velma Simkhovitch to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Rt. 11) approximately '/z mile north of the intersection with Old Charlestown Road (Rt. 761), and is identified with Property Identification Number 44-1-A in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/cc q V1 107 North Kent Street - Winchester, Virginia 22601-5000 r 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 INWIr"IrUOU I OF PUBLIC HEARING June 30, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-99 OF RONALD AND VELMA SIMKHOVITCH On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on July 14, 1999 at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #11-99 of Ronald and Velma Simkhovitch to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Rt. 11) approximately '/z mile north of the intersection with Old Charlestown Road (Rt. 761), and is identified with Property Identification Number 44-1-A in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 30from the Department ofPlanning and Development, Frederick Coun , Virginia: 44 - 1- - D- 44 - 1- - B- PAYNE, 0. L. & RUTH B. HOLLER, LEE C & FRANCES DEE PO BOX 160 PO BOX 238 STEPHENSON, VA. 22656.0160 STEPHENSON, VA 22656.0238 44B - 1- - 12-D WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656.1708 44B - 1- - 12-C HEISHMAN, CARROLL E Ronald & Velma Simkhovitch 1229 Martinsburg Pike Winchester, VA 22603 4661 MIDDLE RD Mr. Michael M. Artz WINCHESTER, VA 22602.2780 Hawkins & Associates 35 W. Boscawen Street Winchester, VA 22603 44B - 1- - 6 EASY LIVING ASSOCIATES 2489.3 MARTINSBURG PIKE STEPHENSON, VA. 22656.1746 Evan A. Wyatt, Dept Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, be3b 1-1M 1 o � ` , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, fort e Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of kc J �i� t q q `I My commission expires on , -)J- ��u L—KdTARY PUBLIC w. 1 • 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 IN O7Ir"IC fl OBI OF PUBLIC HEARING, May 19, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-99 OF RONALD AND VELMA SIMKHOVITCH On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on June 2, 1999 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #11-99 of Ronald and Velma Simkhovitch to rezone 1.836 acres from M1 (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Rt. 11) approximately '/z mile north of the intersection with Old Charlestown Road (Rt. 761), and is identified with Property Identification Number 44-1-A in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 1 Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street • Winchester, Virginia 22601-5000 E This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vr' nia: 44 -1-- B- 44 - 1- - D- PAYNE, 0. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656.0160 44B - 1- - 12-D £44_A-5C fs'r WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656-1708 44B - 1- - 12-C HEISHMAN, CARROLL E 4661 MIDDLE RD WINCHESTER, VA 22602-2780 44B - 1- - 6- EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA. 22656.1746 STATE OF VIRGINIA COUNTY OF FREDERICK HOLLER, LEE C & FRANCES DEE PO BOX 238 STEPHENSON, VA 22656-0238 IM Ronald & Velma Simkhovitch 1229 Martinsburg Pike Winchester, VA 22603 �, — L' A�f- Evan A. Wyatt, puty Director Frederick Co. Pla ning Dept. I,' , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated) • 19 _ C) G , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on Rbw 3n NOTXRY PUBLIC