Loading...
HomeMy WebLinkAbout03-00 Old Gore School - (Down Zoning) - Back Creek - Backfile' CASH RECEIPT 001838 ��1 Received Fromt� • _�_I ... _ i T'MA _� ' • � ' `.`VAKW. f wl/ .�.��� / I►� Sri/.! , ; �. �, ACCOUNT HOW HOW PAID r : to l, 0 REZONING TRACKING SHEET Date ct--iOa Application received/file opened Reference manual updated/number assigned D-base updated 6-15-00 File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing 56 ,OTcolor maps ordered from Mapping & Graphics PC public hearing date ACTION: ... 4, r� ' 4,A)i BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) ' : � ,c Action letter mailed to applicant Reference manual and D-base updated /,j •00 File given to office manager to update Application Action Summary (final action) 08 —1( -" (e--- File given to Mapping & Graphics to update zoning map Zoning map amended Other notes: U: \Carol\Common\tracking xez • 10 Gofe- P-�-IJ, 6 -/-feFnr3G ls�a- 1 . 0o 2." BZ ( Caa,+ &4-� ) 9e., p� tl�i�Fsa�F'k.I1�L'''�it ELF h S<iiA�pi43y and DE''A el{3pmf'ra MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant II -' SUBJECT: Return Of Sign Deposit DATE: August 16, 2000 The amount of $50.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Rezoning Application #03-00. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: M. Bret Morgan 712 Pennslyvania Avenue Winchester, Virginia 22601 I • • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 August 10, 2000 Mr. M. Bret Morgan 712 Pennsylvania Avenue Winchester, VA 22601 RE: REZONING APPLICATION #03-00 OF OLD GORE SCHOOL Property Identification Number 28-A-52 Dear Bret: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 9, 2000. The Board unanimously approved your request to rezone 1.215 acres of a 3.292- acre tract from B2 (Business General) to RA (Rural Areas). The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Evan A. Wyatt Deputy Director EAW/ch Enclosure cc: Margaret Douglas, Back Creek Supervisor Jane Anderson, Real Estate *Steve Melnikoff, VDOT (* with copy of proffers) A:101d0oreSchoo1 _RFZ. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 NOW WillMM � gg s PC REVIEW DATE: 07/05/00 BOS REVIEW DATE: 08/09/00 REZONING APPLICATION #03-00 OLD GORE SCHOOL To Rezone 1.251 Acres of a 3.29-acre Tract from B2 (Business General) to RA (Rural Areas) LOCATION: This property is located at 251 Gore Road (Rt. 751). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 28-A-5 PROPERTY ZONING AND PRESENT USE: Zoned: B2 (Business General) District Land Use: Vacant ADJOINING PROPERTY ZONING AND PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential; Vacant South: Zoned RA (Rural Areas) District Use: Residential East: Zoned RA (Rural Areas) District Use: Vacant West: Zoned RA (Rural Areas) District Use: Residential; Vacant PROPOSED USE: School REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. No additional comments. Health Department: The rezoning application packet indicates that the existing facility will be used as a school if rezoning is approved; however, the proposed number of students and/or faculty is not addressed. The original drainfield area for this facility was installed in 1949 and this office issued a repair permit in 1975. Records on file with this office also indicate that the facility has Old Gore School REZ #03-00 Page 2 June 22, 2000 been closed since 1993. This office reserves the right to make comments and evaluate the existing sewage disposal system against any future use of this facility to determine if the existing sewage disposal system is adequate to handle the anticipated waste load. Additionally, if this facility is used as a school, then the facility will also be required to comply with the Restaurant Regulations and the Virginia Waterworks Regulations. County Attorney: Proffers appear to be in proper form. Planning & Zonin2: 1) Site History The original Zoning Map for Frederick County (U.S.G.S. Gore Quadrangle) delineated this site as being zoned A-1 (Agricultural Limited) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. On December 9, 1998, the Board of Supervisors approved Rezoning Application #017-98 which established a B2 (Business General) District designation for the entire parcel. The rezoning was approved with a proffer statement which currently limits the use of this property to self-service storage facilities. 2) Location The 3.29-acre site is located on the south side of Gore Road (Rt. 751) which is the site of the Gore Elementary School on old Route 50 West. This property is located outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and is located within the Gore Rural Community Center. The Comprehensive Policy Plan states that land use within the Gore Rural Community Center should include commercial and increased residential densities that are developed in character with the existing rural area. 3) Site Suitability The 3.29-acre site does not contain environmental features or historic resource areas. An intermittent stream beginning on the north side of Northwestern Pike traverses the eastern boundary of this property which drains into Back Creek. The 1.251-acre portion of the 3.29-acre site that is proposed to be rezoned is situated along the northwestern boundary, away from the intermittent stream. Old Gore School REZ #03-00 Page 3 June 22, 2000 4) Potential Impacts Adjoining Properties: Reestablishing the Gore Elementary facility as an active school facility may have an impact on adjoining properties that are currently used for residential purposes. These impacts would involve increased traffic in and out of this site, security lighting, and hours of operation. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant has developed a proffer statement which accounts for the 1.251-acre portion of the 3.29-acre site that is proposed to be rezoned RA (Rural Areas) District, and the 2.077-acre portion of the 3.29-acre site that is intended to remain B2 (Business General) District. The applicant has proffered to limit the use of the 1.251-acre portion that is proposed to be rezoned RA (Rural Areas) District to schools only; to not develop new entrances on Gore Road (Route 751); to utilize motion sensor lighting fixtures in -lieu of continuous lighting fixtures; and to limit the hours of operation on the 1.251-acre portion of the 3.29-acre site from 6:00 a.m. to 9:00 p.m. The applicant has maintained the proffers that were approved as a component of Rezoning Application #017-98 for the balance of the property that is proposed to remain B2 (Business General) District. STAFF CONCLUSIONS FOR 07/05/00 PLANNING COMMISSION MEETING: A land use plan has not been created for the Gore Rural Community Center; however, the proposed rezoning request would reestablish the original zoning on a portion of this site. The applicant has proffered out all potential uses permitted in the RA (Rural Areas) District except for schools which was the original use of this site. The applicant should provide additional information regarding the location and type of motion sensor lighting fixtures and anticipated peak traffic volumes during hours of operation to ensure that all potential impacts are realized during the decision -making process for this application. O:\Agendas\COMMENTS\REZONING\Staff Report\OldGoreSchooI.REZ.wpd 0 Old Gore School REZ #03-00 Page 4 August 1, 2000 PLANNING COMMISSION SUMMARY & ACTION OF 07/05/00: The applicant/owner said that he has been approached by several different agencies concerning having classes at this location. He said that one group works with mentally -handicapped adults and another group is involved in day care. The applicant/owner stated that whatever group uses the school, they will need to meet all requirements to operate and be certified. There were no public comments. No issues were raised by the Commission and they believed the rezoning was appropriate. The Planning Commission unanimously recommended approval. (Note: Mr. S. Blaine Wilson was absent from the meeting.) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number `00 PC Hearing Date 7- 5 - 0 d Fee Amount Paid $ t' S Date Received-/ - 00 BOS Hearing Date 7- g-- 00 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: r►rl:n�, l �. I ' 10��r1 Telephone: Address: 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map VX- Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement RE(.,Lai V L-_L i i J U iv I b 2000 DEPT, OF PLANN!";G;DEVELOPMENT • 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: FnI-ric"I L 6. (TI1 o 6. A) Current Use of the Property:] �• rn ' �.,c�� - J-(� �� B) Proposed Use of the Property: 2 A 7. Adjoining Property: PARCEL ID NUMBER c,F a A ,�2rA USE ZONING QA 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): c25/ (San -z-' 4:0 P O-X- 75-1 K-e-10 12 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 c;2 d'- A Magisterial: ae_,k Fire Service:- e Rescue Service: a� Districts High School: Scn e_ s LJ � Middle School: �'•Y ��_ r1l.rSl� Elementary School:T j,:Q -a, 4-Io UeQ 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested n Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: �e.- • •�• Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other: 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 best of my (our) knowledge. Applicant(s): 4Date: S %� Date: Owner(s): Date: 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 Namen 7 Property Name �vna �nn 'tbn �. `r V Qc�c2 V V _ 2��26 - 7 Property Name I ' CDonn%.,0 H' + Vp'a � aa��37 Pro e #1/� Name nnt Name Property Name L�J��• G� c r: I ' 1 -7 J 7 Property Name Property# Name Property # Name Property # Name Property # 15 0" Action: /: ►�1 �11 U1�►Y11 PLANNING COMMISSION: Recommended Approval on July 5, 2000 BOARD OF SUPERVISORS: Approved August 9, 2000 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #03-00 of Old Gore School WHEREAS, Rezoning Application #03-00 of Old Gore School was submitted to rezone 1.215 acres of a 3.292-acre tract from B2 (Business General) to RA (Rural Areas). This property is located at 251 Gore Road (Rt. 751), and is identified with Property Identification Number 28-A-52 in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 5, 2000; and ` WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 9, 2000; 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 I.215 acres of a 3.292-acre tract from B2 (Business General) to RA (Rural Areas) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant/property owner. PDRes. #20-00 This ordinance shall be in effect on the date of adoption. Passed this 9th day of August, 2000 by the following recorded vote: Richard C. Shickle, Chairman Nay Sidney A. Reyes Nay W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye f PDRes. #20-00 GoreSchool2.RES.wpd A COPY ATTEST John ley, Jr. Frederick County Administrator 0 PROFFER STATEMENT A PROPOSED REZONING FOR PARCEL ID - 28-A-52 FREDERICK COUNTY, VIRGINIA MAY 24, 2000 12-1111J.1 INli . MICHAEL BRET MORGAN 712 PENNSYLVANIA AVENUE WINCHESTER, VIRGI NIA 22601 (540) 665-9884 PROFFER STATEMENT PARCEL ID 28-A-52 INTRODUCTION The subject property consists of a total of 3.29 acres. ' The property is located on 251 Gore Road, Route 751, (old Route 50). The property is zoned B2-limited. The intended purpose is to downzone - 1.00 acre of the 3.29 - acre tract, which includes the old school building, to RA as the building had been for the last 75 years. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve the Rezoning Application for the rezoning of 1.00 acre of the 3.29 -.acre tract will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS FOR THE 1.00 ACRE TO BE REZONED TO RA, RURAL AREAS DISTRICT 1. Applicant proffers to restrict permitted use on this property to schools only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751. 3. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor lighting impacts to adjoining properties. 4. Applicant proffers to limit hours of operation from 6:00 a.m — 9:00 p.m. daily and will incorporate these hours into lease agreement. PROFFERS FOR THE 2.29 ACRES THAT WILL REMAIN B2, BUSINESS GENERAL DISTRICT 1. Applicant proffers to restrict permitted use on this property to self -storage facilities only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751. 3. Applicant proffers to maintain existing park for neighborhood use until such time as additional storage facilities might be needed. PROFFER STATEMENT PARCEL ID 28-A-52 4. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor lighting impacts to adjoining properties. 5. Applicant proffers to limit hours of operation, from 6:00 a.m. —11:00 p.m. daily and will incorporate these hours into lease agreement. 6. Applicant proffers to limit outdoor storage to recreational vehicles and boats. MONETARY CONTRIBUTION TO FREDERICK COUNTY SERVICE ORGANIZATIONS The owgier will pay or will cause to be paid to the Treasurer of Frederick County the sum of $.02 (two cents) per square foot of the existing 12,000 square foot building for impacts to fire and rescue services. The sum will be paid when the change of zoning is approved by the Board of Supervisors. The owner will also pay $.02 (two cents) per square foot for any additional storage facilities built in the future. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code, Submitted By: Michael Bret Morgan Date: 6/0 /10� STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this A2:L day of q , 2000 by Michael Bret Morgan. 4mMMycmissionex ires onPu ic. 0 Rezoning Comments Frederick -Winchester Health Department i o: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia 3397 Aptaicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. k Applicant's Name: 6n ."C kaej Telephone: �5- q��Al Mailing Address: �.I ►� n s tic�rl , a lv� �� �`�� �`� Location of property: 4�) %l y+e l C--Y-)rr-- . Va - i he C��c..►.� 1 C31 Current zoning: Q-0 Zoning requested: /2A Acreage Frederick -Winchester Health Department's Comments: The rezoning application packet indicates that the existing facility will be used as a school if rezoning is approved; however, the proposed number of students and/or faculty is not addressed. The original drainfield area for this facility was installed in 1949 and this office issued a repair permit in 1975. Records -on file ;A,ith thi-A effise alse indieate that the faeiiit�- has been elesed aince 1993. This. affice use, ves the right to make comments and evaluate the existing sewage disposal system against any future use of this facility to determine if the existing sewage disposal system is adequate to handle the anticipated waste lnad Additionally, if this facility is used�a school, then the facility will also be required to comply with the GS Restaurant Regulations and the Virginia Waterworks Regulations. Health Dept. Signature & Date: Notice to Health Department - Please Return This Form to the Applicant NO F*�O RZOMAORA-AA, Rezoning Comments >n, Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 - -..., 9r.AM Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., I st Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: rn,(j1 zee--( 6. MO Or� Telephone: Mailing Address: "71a pC'�n5 1,��1•"c� %�✓r' Location of property: c2f I r--x�r--e (aD• -75 I Current zoning: 6 -o )-=r�'Fc� Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Zoning requested: F�! A 1" Acreage: j A-- 7_ - Please Return This Form to the Applicant 22 0 COUNTY OF FREDERICK, VI FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COM Control No.RZ00-0003 Dat Applicant Michael B. Morgan Address 251 Gore Rd. Project Name Old Gore School Type of Application Rezoning 1st Due Fire Co. 14 1st Due Tax I.D. No. 28-A-52 RECOMMI Automatic Sprinkler System Automatic Fire Alarm System() RE,QUIRE,P Emergency Vehicle Access Adequate XX Fire Lanes Required Yes Comments Roadway/Aisleway Widths Ad( Special Hazards Noted Yes Comments Hydrant Locations Adequate Siamese Location Adequate Additional Comments Attached Plan Approval Recommended? Signa iFp 2Od® Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review- Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Telephone: &,, 5 Mailing Address: 71 a Rnr,nny I van�-o- A✓�- e Va. Location of property: Li 5 / Kdo . 751 -�� - C7nrC_- S--L'On l Cv� . I ID Current zoning: I3 - a - L r j e,9 Zoning requested: (�4 A Acreage: 1 ACC County Attorney's Comments: Assistant County Attorney's Signature & Date: s Zr G'v Notice to C unty Attorney - Please Return This Form to the Applicant 0. IMPACT ANALYSIS STATEMENT GORE SCHOOL REZONING A. Suitability of the Site: 100 year flood plains: The FEMA Flood Insurance Map — Community Panel #510063- 0100-B indicates that the flood plain associated with Back Creek is located on the south side of the railroad tracks which is not on the 1 acre tract. The 1 acre tract does not contain areas of wetlands, steep slopes, mature woodlands, prime agricultural soils, or soil conditions, which would create construction difficulties or hazards. B. Surrounding Properties: A copy of the plat for this property is attached. I own the land (2.29 acres) on the East Side of the property I'm asking to rezone. Winchester and Western Railroad owns the adjoining land on the South Side of my property with the railroad tracks adjacent to the back of my property line. Route 751 lies in front of my property on the North Side with one house facing my property. On the East Side of my property, past the school and the driveway, is one house facing the school. It is approximately 400 ft. from my driveway. There should be a very minimal impact on surrounding properties with just an occasional vehicle unloading or loading. The driveway circles around the school with plenty of room for parking and maneuvering. Hours of operation and lighting should have little or no impact. C. Traffic: There are already two entrances to this property and no more will be added or needed. This is part of my proffer statement. Most days would be very minimal with just 1 -2 vehicles. I do not believe there are any peak vehicle trip hours associated with this use. D. Sewage Conveyance and Treatment: There is no public sewer system in the vicinity of this 1 acre tract. There are several drainfields. E. Water Supply: There is well water available on this property. F. Drainage: 6 There is a drainage area located along the eastern property line that drains into Back Creek; however, there will be no impact on this from my proposed operation. G. Solid Waste Disposal Facilities: There will be no dumpster areas or other refuge facilities proposed for this project; therefore, no impacts for solid waste disposal are anticipated. H. Historic Sites and Structures: According to the Frederick County Rural Landmarks Survey, the Gore School and other structures in this area are not listed as structures of potential historic significance. I. Impact on Community Facilities: There should be very minimal impact. The only facilities that could be affected are the Sheriff's Department in case of a break-in and the Fire Department in case of fire. This property is less than a quarter of a mile from the Gore Fire Department. J. Other Impacts: None. 4q,So,vJ - S iN��EST�R W NoTF5: 1) TAIS Aefd, prepared from 1* 1lfcr*j&on of recorl i'l - {,e FreJer,'c, Cowlfy C4ci W Court Clerks o44;ce Id fro*+ ffeli note, a.,d recori plot dot-tQd Avgvsf e, 1767 w d of tQcard DB•742.- P. 86. Conveyed t a M, Bret Moran Dec, 9, 1996 'A 0,8 870-R1S36. N a.dd,c0"-/ -i4 work haS been done � �S'TERN C+l FIR Ito;, 0� D o TMWMLICL�IEN . HO EY ua SE o. 27 SURV� 3� l.c f o 6ecoa� RR. 2,07711,r to re, -),tin Be S K E TC y FOA PAOPOSk-A Rt? o IvIIVG for -rNoyAs R, sNocKEy M . BR E T M ORG II N Bi4 WINDER CovAT T"RX PHF,-gL No, 28-Fj-5j 1. w nv cHfStFR, YR, 2260/ 53s-lsrs B Rix CP,x pI �.r. , FR �D�kr r :�., ViRcs-iNiR Sca l e I '=' 100' M4y 23, 10 00 l; ROUTE 751 1faPYift Pt 60l OM, cvttjRCVA IP3: a 53.53 BARSoNACE LOT N� 0 / o` 0 C3, o 0 .n- N a, f P/A SPII[ciac-. 308.98 �` Pi 4/ JARC o N O ►' CD@@ n O o Nk Lo •1F r° o N N m w a3 o r - m- (� N • 9� it N. 496 N D °.4 m. m r U ^ 1 It W � N. 04. LO o m o to O • m 4 o 409.33" 317. 67' I.P.! , P2 GEO, V S 74. 49' SO" W I i 727.00' WINCHESTER 9 WESTERN R/R JENELI_E R. HAMILTON D.6. G11 - ► 24 s i � 11 • eo 4 Co @%a N �t N r • �SSY.. 4i 4. BK810PG1536 THIS DEED, made and dated this "1 * day of 1996, by and between THE COUNTY OF FREDERICK, VIRGINIA, by John R. Riley, Jr., County Administrator, hereinafter referred to as SELLER, and M. BRET MORGAN, hereinafter referred to as BUYER WHEREAS, a public hearing was duly held by the Board of Supervisors of the County of Frederick, Virginia, on August 14, 1996, concerning the disposal of the hereinafter described realty: and., WHEREAS, by duly adopted Resolution of such Board of Supervisors on November 13, 11996, the Board accepted the Buyer's offer and directed John R. Riley, Jr., County I Administrator, to execute this Deed on behalf of Seller conveying the subject property to Buyer. NOW, THEREFORE, WI TNFSSETH: That for and in consideration of the sum of Thirty Thousand One Hundred One Dollars ($30,101.00), cash in hand paid by the Buyer to the Seller, receipt of which is hereby 5;:knowledged, the Seller does hereby grant, bargain, sell, and convey, in fee simple with General Warranty and English covenants of title, unto the Buyer, all of those two (2) certain tracts or parcels of land, together with all improvements thereon, rights and rights of way, and appurtenances thereunto belonging, lying and being situate in the Back Creek Magisterial District of Frederick County, Virginia, totaling 6.826 acres, more or less, this being a conveyance in gross and not by the acre, and being the same realty described in that certain plat of survey of Thomas A. Shockey, licensed land surveyor, dated August 8, 1989, as Parct13 "A" and "B", and being the same real estate conveyed to Seller by deed dated May 10, 1990, of the Frederick County School Board, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 742, at Page 82, less and except therefrom that certain lot or parcel of realty containing 0.104 acres dc=-t)ed as Parcel "C" on the aforesaid plat of Dead Prepared By: .,less R. sat s t iamMn, Assistant Attorney For Prederrk C otxnt:y, Virginia BK870FG 1537 survey and conveyed by Seller to -Lauri L. Aho, et ux, of record in the aforesaid Clerk's Office in Deed Book 743, at Page 132. Rcference is hereby made to the aforesaid documents for a further and more specific description of the property hereby conveyed and derivation of title thereto and such documents are incorporated herein by this reference. This conveyance is subject to all legally enforceable covenants, easements, and rights of way of record, if any, affecting the subject property. It is expressly understood that asbestos is present in the main building of the subject property. Buyer joins in this deed and acknowledges that this conveyance is "as is" and Buyer assumes all risk concerning the presence of such asbestos on his behalf and that of his hens, successors, assigns, invitees, and permittees, and Buyer shall indemnify and save harmless Seller from any and all liability from such asbestos. WITNESS the following signattues and seals: COUNTY OF FREDERICK, VIRGINIA ,r.Mr.. BY: County Admmutrato 4 •, �, : J r{ x7 ..<An r M.BRET COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK,to-wit: the undersigned Notary Public, in and for the jurisdicti aforesaid, do rtify tt R. Riley, Jr., whose name is signed to the foregoing Deed dated the day of r 1996, as County Administrator for the County of Frederick, Virginia, personally appeared and acknowledged his • BK870PG 1538 signature before me. Given under my hand this day of , 1996. My commission expires tly "izkv bon ktoff n. 1w A /""� 7- No lic COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OFfREDERI�wit: I, the undersigned Notary Public, in and for the jwisffictW aforesaid, do certify Bret Morgan, whose name is signed to the foregoing Dead dated the day of 1996, personally appeared and aclmowledged his signature before me. Gives under my hand this day of 1996. My commission expires IF Cpmftw Eqkm ochW n. 1"7 Not Public VMMiM k p%EDER" C04 u. a to me on theTry -- of.c a a c- am w" e.ratla+e a wkr owtodgmeN uwreto annexed wee @&Oged to road. Tax WVO-d Yy See. 58.1-e04 01 30 �? and BIL1 -401 have been per. it assessable Clark R�9 77 70 1 \ 2 .It. T ;ll i 9 4A � 21yi. 8 IL5 63D 124 63 64 2 pt. 21 �a �O C 26 52B 2 Morgan nn 5p 52 (k 1 Deh � t 51 A Whitacre, C. I� Dittow 82 \v r rMl, Y J YA"'O't, 120Rezoning #017-98 Gore School PIN: 28—A-52 2 Va. 123 122 Produced by Frederick County Planning and Development, 10-20-98 1 2000 T A X R E C E I P T Ticket #:00223140001 @@ %U'U'N'TY OF FREDERICK Date 5/31/2000 C. NILLInM ORNDOFF, JR Register: BHH/XB P.O. EO:: 225 Trans. #: 18191 Dept # : RE200001 WINCHESTER VA 22604 Acct# 5159 2000 REAL ESTATE TAXES Previous Principal 3.29 ACRES 28 A 52 Balance $ 1134.40 Acres: 3.29 Principal Being Paid $ 1134.40 Land: 25500 Imp: 329000 Penalty $ .00 Interest $ .00 MORGAN, M BRET 712 PENNSYLVANIA AVE Amount Paid $ 1134.40 WINCHESTER, VA 22601-4956 *Balance Due $ .00 Pd by MORGAN, M BRET Check 1484.80 # 1B 2033 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 5/2000 MORTGAGE CODE number printed in this box means a a bill has been sent to your mortgage company This notice is for informational purposes only. 00 NOT STAPLE THE RETJRN PORTION(S) TO THE CHECK. u A 'd ccZ 4 Tom o u > > c uall _---mooti. r o f p 0 pip 3 CQ ,r w RT AX BILL C. William Orndoff, Jr., Treasurer Please see reverse side for additional information. Ticket #: 22314 Property I.D. #: 28 - A- - 52- Property Description: 3.29 ACRES TC?TAI. ANNUAL TAX r $2,268.80 - - A_S_ S .E_ S S_E-_0 v._A_L_U.E S TOTAL TAXABLE TAX RATE AX. DUE FIRS_. F_A F TA�QiIE OND HALF___ LAND LAND USE IMPROVEMENTS ASSESSED VALUE PER 5100 Date Due: June 5 2000 Date Due: D c. 5 2000 25,500 j 329,000 354, 5001 .64001 $1,134.40 I $1,134.40 MORTGAGE CODE a number printed in this box means a bill has been sent to your mortga a company This notice is for informational purposes only. 00 NOT STAPLE THE RETURN PORTION(S) TO THE CHECK. E �H�„ v ►ac 9 ,� APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezonings are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. If you have questions or need assistance, please contact the Department of Planning and Development at (540) 665-5651. Application Materials The following materials must be submitted to the Department of Planning and Development. A. A completed application form (the form is attached). ✓2. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. 13. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. ✓4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. AA complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Y/6. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 5. OProffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 10. ✓8. Completed agency comment sheets. Comments sheets are attached. It may not be required that all comment sheets be completed. Check with the Department of Planning and Development to determine which comment sheets are applicable. ✓9. Fees. There is a $550 base fee plus $35 per acre and a $25 deposit for a public hearing sign. Checks should be made payable to "Treasurer of Frederick County." JUN 1 2000 DEPT, OF PLANNINGJDEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 IN J'I'IFICr rI JAI Jr" PUBLICHEARING EARI! Ir July 26, 2000 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #03-00 OF OLD GORE SCHOOL On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on August 9, 2000, 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 #03-00 of Old Gore School to rezone 1.215 acres of a 3.292-acre tract fiom B2 (Business General) to RA (Rural Areas). This property is located at 251 Gore Road and is identified with Property Identification Number 28-A-52 in the Back Creek 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 Mall 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, & 1 , Evan A. Wyatt Deputy Director EAW/ch AAAdjoiners\Old Gore School_REZ wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department ofPlanning and Development, Frederick County, yiirgima: 28 -A- - 51-A 28 - A- - 26- SUPPLE, JOAN E PO BOX 239 GORE, VA 22637.0239 28 - A- - 26-A MCDONALD, MILTON H. & VADA Y. 230 GORE RD GORE, VA 28 -A- - 51- DEHART, ALLEN G 129 N COTTAGE RD STERLING, VA 22637-2423 20164.1331 DILLOW, MARK A & SNOW, TAMMY L 259 GORE RD GORE, VA 22637.2425 28 - A- - 52- MORGAN, M BRET 712 PENNSYLVANIA AVE WINCHESTER, VA 22601-4956 28 - A- - 82- WHITACRE, CECIL F 171 SINKING SPRING LN GORE, VA 22637.2459 Evan A. , yatt, Dep4 1Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK IAc-'111Ho 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 ti1(p i , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ( r day of ( 00( My commission expires on c o- o 1- C-jj TARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 l I AIfKPOVI JAI OF PUBLIC 0- EARIINIr June 21, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-00 OF OLD GORE SCHOOL On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on July 5, 2000 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 #03-00 of Old Gore School to rezone 1.215 acres of a 3.292-acre tract from B2 (Business General) to RA (Rural Areas). This property is located at 251 Gore Road is identified with Property Identification Number 28-A-52 in the Back Creek 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/ch OAAgendm\ADJOINER\OldGoreSchool. REZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on /- from the Department of Planning and Development, Frederick County, ginia: 28 A 52 00kelr MORGAN, M BRET 28 - A- - 26. 712 PENNSYLVANIA AVE SUPPLE, JOAN E WINCHESTER, VA 22601.4956 PO BOX 239 GORE, VA 22637.0239 28 - A- - 82- 28 - A- - 26-A WHITACRE, CECIL f MCDONALD, MILTON H. & VADA Y. 171 SINKING SPRING LN 230 GORE RD GORE, VA 22637-2459 GORE, VA 22637-2423 28 -A- - 51- DEHART, ALLEN G 129 N COTTAGE RD STERLING, VA 20164.1331 28 -A- - 51-A DILLOW, MARK A & SNOW, TAMMY L 259 GORE RD GORE, VA 22637.2425 Evan A. W att, Deput Director Frederick Co. PlanningDept. STATE OF VIRGINLk COUNTY OF FREDERICK I, &dh Ron Na l 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 ()o , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this l S+ day of JU My commission expires on R,1O x�3 TARY PUBLIC