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015-89 Pentathlon Corp. - Stonewall Dist. - Backfile
RECEIPT II 02^243 AMOUNT DUE $ 5%, 00 AMOUNT PAID $LANCE DUE�oU Y PAID BY CASH p CHECK ❑ OTHER F-EDERICK COUNTY D�PT. OF P! AP'N!NG AND DEVELOPMENT P. O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA ;:2601 Z. DATE RECEIVED FROM 7-'2_ ADDRESS Y L' _�jJ1y1./i�''.n✓-%%�.i.. THE SUM OF - 2 � (Q '!./(r„ 10- .�F. � -1- i � titer DOLLARS $ l FOR BY DAY TIMERS RE -ORDER No 3221 — P—*0 m USA TRANSMISSION VERIFICATION REPORT TIME 01/13/2003 14:51 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE DIME 01 / 13 14: 49 FAX NO./NAME 96650568 DURATION 00:01:55 PAGE(S) 02 RESULT OK MODE STANDARD TO: COMPANY, COUNTY of FREDERICK Depar=ent of Planning and Development in-1� c,-t th. Kent Street • Wmcb=w, V"uginia 22601,5000 Telephone: 54016+65-5£51. FAX 5401S65-6M, FAX TRANSM15SiON G �r eet. sh' Tiutnber af:��es i�riudi�g ��%'.• � J j tj ;; it cr s PENTATHLON CORPORATION 746 Stephens City, Va 22655 [[[[F((7O3) 9-3273 Office 9-4994 Fax COUNTY of FREDERICK Depammert of P)llanrM'g ud Dev--lopment 107 North Kent Street * Windester, Virginia 22601-5000 Teiephone: 540/665-5651 FAX 540/665-6395 FRAWIXTRAM SMISSION Date, CONVANY Number of Pages (including cover sheet) FAX 9: ( 1XIMMM" -11 1 - From the desk d' I IMI, 0 November 3, 1989 Mr. Robert Watkins Director Planning Department 9 Court Square Winchester, VA 22601 RE: Rezoning request #015-89 Dear Mr. Watkins: The following proffers are submitted for your review and acceptance as a provision for approval of rezoning request #015-89 from RP, Residential Performance to B2, Business General. 1. The proposed use shall be professional/business offices. 2. All entrances/exits shall be located as far as possible from the intersection of Valley Mill Road and Berryville Avenue. Please advise me of your review and acceptance of these items. Sincerely, M. ewis McDonald mmk CC: Mr. Rhett Weiss Mr. Stephen Gyurisin . Mr. John Riley - Frederick County Administrator Mr. Jim Golliday - Planning Commission Mr. Kenneth Stiles - Board of Supervisors a COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 November 17, 1989 Pentathlon Corp. P.O. Box 746 Stephens City, Va. 22655 Dear Steve: This letter is to confirm action taken by the Board of Supervisors at their meeting of November 8, 1989. Approval of Rezoning Application #015-89 of Pentathlon Corp. to rezone .66 acres from RP (Residential Performance) to B-2 (Business General) for real estate sales and associated offices. This property is located on the southeast corner of the intersection of Valley Mill Road and Berryville Ave., just east of the intersection of Route 7 and I-81, in the Stonewall Magisterial District. This application was approved with proffers. If you have any questions regarding this rezoning, do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer 9 Curt Square P.O. Box 601 Winchester, Virginia 22601 6 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission September 20, 1989 Board of Supervisors November 8, 1989 An ordinance amending the zoning district map for application #015- 89 of Pentathlon Corp. WHEREAS, Rezoning application #015-89 of Pentathlon Corp. to rezone .66 acres from RP (Residential Performance) to B-2 (Business General) located at the southeast corner of Valley Mill Road and Berryville Ave., east of the intersection of Route 7 and I-81,tax map #54F, parcel 1, in the Stonewall Magisterial District, was referred to the Planning Commission on September 20, 1989; and WHEREAS, the Planning Commission held a public hearing on this application on September 20, 1989; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on November 8, 1989; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, RESOLVED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change .66 acres from RP (Residential Performance) to B-2 (Business General) located at the southeast corner of the intersection of Valley Mill Road and Berryville Ave., east of the intersection of Route 7 and I-81, tax map 54F, parcel 1,in the Stonewall District, as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 November 3, 1989 Mr. Robert Watkins Director Planning Department 9 Court Square Winchester, VA 22601 RE: Rezoning request #015-89 Dear Mr. Watkins: The following proffers are submitted for your review and acceptance as a provision for approval of rezoning request #015-89 from RP, Residential Performance to B2, Business General. 1. The proposed use shall be professional/business offices. 2. All entrances/exits shall be located as far as possible from the intersection of Valley Mill Road and Berryville Avenue. Please advise me of your review and acceptance of these items. S {incerely, /f M. Zewis McDonald mmk CC: Mr. Rhett Weiss Mr. Stephen Gyurisin Mr. John Riley - Frederick County Administrator Mr. Jim Golliday - Planning Commission Mr. Kenneth Stiles - Board of Supervisors COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 This ordinance shall be in effect upon its passage. Passed this 8th day of November, 1989. A Copy Teste r V -Q::� John R ley, Jr. Frederick County Administrator 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 i REZONING REQUEST #015-89 Pentathlon Corporation Rezone .66 acre from RP (Residential Performance) to B-2 (Business General) LOCATION: Southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81 MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residences zoned RP (Residential Performance) PROPOSED USE AND IMPROVEMENTS: Real estate sales and associated office with required site improvements for access and parking REVIEW EVALUATIONS: Transportation Department - No objection to the rezoning of this property. Any entrance will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Prior to development, my office will require a complete set of construction plans for review. Any work performed on the State's right-of-way will be covered under a land use permit. Sanitation Authority - Water and sewer lines are adjacent to the site. (See attached drawings.) There is available water and sewer capacity. Frederick County Fire Marshal - If hydrants in this area are placed for residential protection, an additional hydrant may be necessary to meet the commercial requirements. This will be reviewed on the site plan or construction drawings. Inspections Department - Comments shall be given at the time of plans review to determine the use group of the BOCA National Building Code 1987. Planning and Zoning - A request to rezone this site from RP to B-2 was considered by the Planning Commission in 1987 (#025-87, M. Lewis McDonald). The staff recommended denial, the Planning Commission recommended denial, and it was withdrawn before action by the Board of Supervisors. The following issues should be considered: 0 0 REZONING REQUEST #015-89 Pentathlon Corporation LOCATION: The site is located in an interstate interchange area. The use of the site for business purposes is not inconsistent with the Comprehensive Plan. There are lots in the vicinity zoned B-2. Adjacent properties are zoned RP and contain residences. SITE SUITABILITY: The site currently contains a dwelling. The site is relatively small with a frontage of 110 feet and a depth of 150 feet. Requirements for buffers will limit the use of large portions of the lot. The dwelling is located so that it could be used for business purposes with the required buffers. POTENTIAL IMPACTS: Residences located on surrounding properties are close to the lot lines of this lot. Buffers and screens will be required. The site is located at a major controlled intersection with a traffic signal. Traffic patterns are problematic at the intersection because of the number of roads that come together at the intersection, including the frontage road, a rear service road, Valley Mill Road, Route 7, and the Interstate 81 ramps. This intersection needs to be looked at. Potentially, the rezoning could create substantial traffic impacts. A small convenience store on the site could generate over 3,000 average daily trips. Theoretically, a controlled intersection on a major four lane intersection, including an interstate interchange should be able to carry such traffic. Concern should be expressed for the design of this intersection. CONCLUSIONS: The site is in an interchange area on a major controlled intersection. Potential impacts on surrounding properties will be addressed through the buffer and screening requirements. STAFF RECOMMENDATIONS FOR 9/6/89: Approval. PC RECOMMENDATIONS FOR 9/6/89: Tabled until 9/20/89. STAFF RECOMMENDATIONS FOR 9/20/89: Approval, with acceptance of proffers. PLANNING COW4ISSION RECOWNDATIONS OF 9/20/89: Unanimous approval, with acceptance of proffers. � �T�T-N L�J �I ��_�==.: , �� , � - �� Z•JiJ I N C�! �!` _� �.,�= _r T T'�1�,1 — � / -'� =t A NOMT,H �C�tl_E 1�i f�PPP.DX - I r::.j45,rrj'y p1Pflf-rAAEtJT GOM �ILEX RP) TTC) St-:'�-'-2, ZONIIO(b SIT SITE-EN�1 Ca'G 3. U71UZ.V- DPIJE D.J. -OOKAeD E&RCbl_ 611,;—:, 0 t•: i 0 0 A; mover] : ki - v-- t 1 �, lO52 Nare14. Dash Public health Sanitarian �� l�inctiester-Frederick llealth Do I• pt rirw a Q L. Lindell, K. 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EIp_1wrl.J ')' i0 f .+ `� %�'..•;� / ' �) �''" J CONIC `PipEr{�E n 1 1 7rc-�`dF �J co Cr ,) "� Y .'�' (- f, U rloa, t.•oc, r� �y`t''�>, =. .. •G 0(,{5I . w�T '/ NJ+iG.rf�V ch rc n �.r�- �•,� ae,) PIf Q��' 41 Y�. 1. ���- (. i r v., i1n1G;,4. �.�y L yv.� T C� Slow ,r c ►O •r��. 4 •ti00 �' • i 1 '; 1i� ;+ .�""` ,-- ' � �'' S� 1� �� •�� //� .er' � i4,yQ fy��{,�pL 0\�Q�� ( �� -� 1 . 11 •• �" w �,t. , l Q) � •1 i �' r tsr 0 EXHIBIT S LOCATION MAP •i ' Rf • j + Fori �l CO i • " 1 e5c S � •,V91dE' .•� �'ir /,� i.'�. �� � ��� � d/'r ti \ < Cj ••of . ��. '• '�` r ,,n5 ,� i SITE ft *CC ' � � �� ' i Ali CI•yp � � 4 �• � 81 _ ,,/b ice. "f??2 � _`T�t �„F � 1 • �+•... #Crl 720 7 f�(Mr $tuor N �. l'� __ - �, r•• • _ / "' �S\L sw ` i`f Z/"� �� �� MI Irru � A - �"'�+_ � _�_ � �• gyp,. AN *n," MiWRanap •.�ti . • Q. •• . r��Q m ` ��, •i •fie :5:�.�), y A k . ' • Qua► ' ` i % f/ \, 1� ' I .�Y`� '- c, ' l ` • v��f '�k� � � � air .'. ,% f�r4 •..r n,?+ncheyle+ Ih- �'_ � � . ,�`••• e lA' •� . SITE LOCATION: SOUTHEAST CORNER OF THE INTER. OF VALLE) MILL ROAD & BERRYVILLE AVE.- ,TtiCT FAST OF INTER. OF RT 7 AND I-81 Avenue. All storm water management techniques will be used to reduce the rate of run off and to provide erosion control during site planning and development states. Drainage impacts are expected to be minor. 2. Solid Waste - Offices typically use one cubic yard per ten thousand square feet of office space per. day. These figures reflect loose yards, not compacted solid waste. The anticipated solid waste impact is minor for the project. COMMUNITY FACILITY PROGRAM 1. Educational - the B-2 zoning of the property, having no housing, should create little or no impact on the educational systems of the county. 2. Recreation - No impact on recreation facilities is anticipated. 3. Parks - No impact on the parks is anticipated. 4. Fire, Rescue and Sheriff's Departments - No anticipated increase in the impact for these departments with a change from residential to commercial. The building code and fire code would be used to enhance proper fire protection. 5. Historical - No impact. IMPACT STATEMENT PROJECT NAME: Rezoning Request of .66 acres from R-P to B-2. LOCATION: Southeast corner of the intersection of Valley Mill Road and Berryville Avenue - just East of the Intersection of Route 7 and I-81. DESCRIPTION: Rezone .66 acres from Residential Performance (RP) to Business General (B-2). PROPOSE USE: Real Estate Sales and Associates Office. Following is a description of the impacts of this project. TRANSPORTATION - The commercial or business portion of the property is planned for offices, primarily real estate sales offices. The proposed use is a business that would take advantage of the existing traffic flows on US Rt 7 East of Winchester at I-81. Traffic impact would be minor. PUBLIC UTILITIES - The developer intends to pay for the sewer system and the necessary water lines that would have to be installed to serve this project. Projected sewage generated for this proposal is minimal and is expected to generate about 200 gallons per day, the average commercial amount for this type of use. This is a minor impact on the current sewer and water facilities. ENVIRONMENTAL 1. Drainage - The property has natural drainage toward the intersection of Valley Mill Road and Berryville EXHIBIT 1 APPLICATION FOR REZONING • FREDERICK COUNTY, VIRGINIA Zoning Amendment No. C/5-9 Application Date a/// L8 Fee Paid Submittal ')eadline P/C Meeting: B/O/S Meeting: LS 1. APPLICANT (The applicant is the owner x other (check one) PPnfnfh1nn .. TELEPHONE: (703) 869-3273 2. Please list all owners of the property or parties in interest: Mr. Lewis McDonald - 3. The property sought to be rezoned is located at (please give exact directions) Southeast corner of the intersPritan of Valley M�_Dnnd and Berryville Avenue dust Fast of the Route 7 and T 81 --- 4. The property has a frontage of lin feet and a depth of Ign feet and consists of acres. (Please be exact) 5. The property to be rezoned is owned by M T.-- MCTIQnaT d as evidenced by deed from M,rria recorded in deed book no. 631 on page 174 , registry of the County of FredPri (-k, VA 6. 21-Digit Property Indentification No: 54Fnn-nni-nnnn_nn01=qn1 Magisterial District: Stonewall SYF06- DC1 -0000- OQbo .3 SyF6o-oo►-0"—W06-&) 7. It is requested that the property be rezoned from RP to B-2 8. It is proposed that the property will be put to the following use: RPai Fstnte calPc 3,d ar ciated office with rPnnirPd site improvements for access and parking -- 9. It is proposed that the following buildings will be constructed: Tone -- 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and Ln front of (across street from) the property sought to be rezoned. (Ilse additional pages if necessary). These people will be notified by mail of this application. [PLEASE LiST COMPLETE 21-DIGIT NUMBER] 1, Walter A. Painter Address: 1043 Orchard Ave.,Winchester VA 2260 Property ID#: F -001- 00 - 00-0004-0 2. Address: 1A99 Valley I Road, Tdinches er VA 2 E. F. Smith Property ID#: 54F00-A00-0000-0000-0021-0 l PN179:11 .lA.0 "ye— w z � Jim Bowen Address 1518 Valle Mill Road, Winc., VA 22601 Property ID# 54F00-001-0000-0000-0006-0 4. Address: 3219 Blunddell Rd, Falls Church, VA 22 Property IDLE: 54F00-001-0000-0000-0009-A W. E. Simpson 601 42 Page Two • Rezoning AT AMW 5. Nancy 0. Patterson Address: c/o Nancy 0. Moomaw, Sunnyside Station, Property ID#: 54F00-002-0000-0000-0001-0 6. Carlin L. Smith303 Address: nchester, VA 22601 Property IDS`: 7. Address: Property ID#: g, Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any 'A I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applican Signature of Owner: Owners' Mailing Address: P. 0. Pox 704 Owners' Telephone No: Stephens City, VA 22655 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) / F 9�, 9 -I Approval Denial COUNTY ADMIN. (signed) in OWNERS SIOTURE: .rezoning 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. _ Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. \� Signature of Applicant: I VVI�tJ" y� Signature of Owner: Owners' Mailing Address: Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC NEARING RECOMMENDATION OF (date) IApproval 17 Denial SECRCTARY (signed) BOARD OF SUPERVISORS PUBLIC NEARING ACTION OF (date) I-1 Approval I] Denial COUNTY ADMIN. (signed) 0 September 6, 1989 To the Frederick County Planning Commission: When I was transferred to this area, I was looking for a home, not a house. I looked in all areas of Clark and Frederick Counties as well as Loudoun County and even West Virginia. I was looking for the usual things one looks for when relocating --good location, good schools, responsible local government, stable property value, etc. Above all, I was searching for a quiet, peaceful neighborhood where I could relax and be away from traffic, noise, bright lights, and other disturbing influences. The main concern I had about the Plymn Owens area was the vacant strip of land along Route 647 and its possible future use. I was informed the entire strip was zoned B-1 and could be used for B-1, community -compatible; purposes only. Before making my final decision to purchase my property, I called the appropriate Frederick County offices for verification. I was told that there was a "master" County development plan which had recently been completed which included the strip of land in question in B-1 zoning. When I inquired about existing businesses along Route 647 that didn't seem to me to fall under a B-1 category, I was informed that they had been "grandfathered in" and when they ceased to exist, the property could be used for B-1 purposes only. When I asked if there was a possibility the strip in question would be downzoned for other usage, I was assured that the intentions of the County were that it remain B-1 and be used only for purposes compatible with a residential neighborhood. On the strength of this reassurance, I purchased my property. Since this latest threat to our community has arisen, this potential problem has been discussed with several realty companies. All expressed the opinion that not only will property valuations decrease if this rezoning is allowed, but also the desirability of property in Plymn Owens will decrease, thus making it more difficult and time-consuming to sell. If this spot rezoning is allowed to take place, I cannot help but feel betrayed. I speak not only for myself, but for my neighbors, as I respectfully implore this Commission to not approve this request for rezoning which will surely open the floodgates for B-2 rezoning along the entire strip. Ulysses Carriker 5323 Downing Drive Plymn Owens Estates Stephens City, Virginia 22655 September 6, 1989 To the Frederick County Planning Commission: When I was transferred to this area, I was looking for a home, not a house. I looked in all areas of Clark and Frederick Counties as well as Loudoun County and even West Virginia. I was looking for the usual things one looks for when relocating --good location, good schools, responsible local government, stable property value, etc. Above all, I was searching for a quiet, peaceful neighborhood where could relax and be away from traffic, noise, bright lights, and other disturbing influences. The main concern I had about the Plymn Owens area was the vacant strip of land along Route 647 and its possible future use. I was informed the entire strip was zoned B-1 and could be used for B-1, community -compatible, purposes only. Before making my final decision to purchase my property, I called the appropriate Frederick County offices for verification. I was told that there was a "master" County development plan which had recently been completed which included the strip of land in question in B-1 zoning. When I inquired about existing businesses along Route 647 that didn't seem to me to fall under a B-1 category, I was informed that they had been "grandfathered in" and when they ceased to exist, the property could be used for B-1 purposes only. When 1 asked if there was a possibility the strip in question would be downzoned for other usage, I was assured that the intentions of the County were that it remain B-1 and be used only for purposes compatible with a residential neighborhood. On the strength of this reassurance, I purchased my property. Since this latest threat to our community has arisen, this potential problem has been discussed with several realty companies. All expressed the opinion that not only will property valuations decrease if this rezoning is allowed, but also the desirability of property in Plymn Owens will decrease, thus making it more difficult and time-consuming to sell. If this spot rezoning is allowed to take place, cannot help but feel betrayed. speak not only for myself, but for my neighbors, as I respectfully implore this Commission to not approve this request for rezoning which will surely open the floodgates for B-2 rezoning along the entire strip. Ulysses Carriker 5323 Downing Drive Plymn Owens Estates Stephens City, Virginia 22655 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 October 25, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Penthathlon Corporation Rezoning Application #015-89 To: Rezone .66 acre from RP (Residential Performance) to B-2 (Business General). This property is located on the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall Magisterial District. This rezoning application will be considered by the Frederick County Board of Supervisors on November 8, 1989 at 7:15 p.m. in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/ dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify * the attached correspondence womailed to the following on October 25, 1989 from the Department of Planning and Development, Frederick County, Virginia: Pentathlon Corp. P.O. Box 746 SMITH, CARLi:V L. C SEORSIA E. 303 RIUGL AVENJE- Stephens City, Va. 22655 W I N C H E S T'= 2J1 Stephen M Gyurisin P.O. Box 704 ,-ewi.s McDonald Stephens City, Va. 22655 1.50.5 Berryville Ave. Winchester, Va. 22601 Walter A. Painter 1043 Orchard Ave. David Sisler Winchester, Va. 22601_ 1.252 Dowell J. Circle Winchester, Va. 22601 E.F. Smi th. 1.499 Valley Mill. Rd. Winchester_, Va. 22601 Ji_;n Bowen 217 Pepper Tree Lane Winchester, Va. 22601 WALLALL JAiviC� rZ. 3219-3LJNDELL R,)A FALLS :HJRCH, VA. 7 '; y -: Walter A. Painter Veterans Administration 151.4 Valley Mill Rd. Winchester. Va. 22601 Harold Roe 1276 Dowell J. Circle Winchester. Va.. 22601_ Ernest & Viola Smith 1237 Dowell J. Circle Winchester, Va. 22601 PATTERSGl�, NANCY C. C/O NAtv;;Y U. MOOMA,„I SUNNYSI'L STATION WIivI HLJT_t, VA Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, _l-%ia Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ©C�'D�ei a2�"' /g�i , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of 1989. My commission expires on 1,Se-bkeear x 1 p 2-3 NOTARY PUBLIC lo-17 4 p kL- �04j��af Y) ktq PENTATHLON CORPORATION P.O. Box 746 • Stephens City, • VA 22655 • (703) 869-3273 • FAX (703) 869-4994 To: Renee Arlotta From: Pentathlon Corporation Subject: Rezoning #015-89 Date: October 16, 1989 Please check our application to make sure the following will be notified of the above rezoning request. # 54F00- 001- 0000- 0000- 000-01 Lewis McDonald 1505 Berryville Avenue Winchester, Virginia 22601 # 54F00- 001- 0000- 0000- 000-20 David L. Sisler 1252 Dowell J. Circle Winchester, Virginia 22601 # 54F00- 001- 0000- 0000- 000-04 Walter A.Painter Veterans Administration 1514 Valley Mill Road Winchester, Virginia 22601 # 54F00- 001- 0000- 0000- 000-06 Harold Roe 1276 Dowell J. Circle >��a3 8-Val %ey--Mid�-R+oazl` Winchester, Virginia 22601 # 54F00- 001-0000- 0000- 000-21 Ernest & Viola Smith 1237 Dowell J. Circle Winchester, Virginia 22601 If you need any additional information, please feel free to call me. Thank you. 1 Real Estate Development Planning 9 Capitalization 9 Acquisition 9 Managing 6 • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-565VI FAX 703/667-0370 August 22, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Penthathlon Corporation Rezoning Application #015-89 To: Rezone .66 acre from RP (Residential Performance) to B-2 (Business General). This property is located on the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall Magisterial District. This rezoning application will be considered by the Frederick County Planning Commission on September 6, 1989 at 7:30 p.m. in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, 111W-41e�� Robert W. Watkins Director RWW/ dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ~ This is to certify thake attached correspondence was mailed to the following on August 23, 1989 from the Department of Planning and Development, Frederick County, Virginia: Pentathlon Corp. P.O. Box 746 Stephens City, Va. 22655 Walter A. Painter 1043 Orchard Ave. Winchester, Va. 22601 E.F. Smith 1499 Valley Mill Rd. Winchester, Va. 22601 Jim Bowen 217 Pepper Tree Lane Winchester, Va. 22601 W.E. Simpson 3219 Blunddel.l Rd. Falls Church, Va. 22042 Nancy 0. Patterson C/O Nancy 0. Moomaw Sunnyside Station, Va. a;z&U1 STATE OF VIRGINIA COUNTY OF FREDERICK Carlin Smith 303 Ridge Ave. Winchester, Va. Steve Gyurisin P.O. Box 704 Stephens City, 22601 Va. 22655 G Robert atkins, Director Frederick County Dept. of Planning I, ��'�� I Gcznl�il/ , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated r r�gics� Q j f V 8j has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this _?jd day ofW5f , 1989. My commission expires on e NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 703/665-565N FAX 703/667-0370 July 21, 1989 TO: ADJOINING PROPERTY OWNERS RE: The application of: PENTATHLON CORPORATION,,DATE CHANGE Rezoning Application #015-89 To: Rezone .66 acres from RP (Residential' Performance to B-2 (Business General). This property is located at the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall District. This rezoning application will be considered by the: Frederick County Planning Commission on September 6, 1989 at 7:30 p.m. Frederick County Board of Supervisors on September 13, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, ,(/ G.'�r4r� �','�✓fir; r,�Fn� �,�.,.- Robert W. Watkins Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P O Box 601 WINCHESTER VIRGINIA 22601 • Jim Bowen 1518 Valley Winchester, n ntl N Mill Rd. Va. 22601 U S.UUSIACE JUL21*89 ^ .� -0.25 -- c��3sE'�-•1.� ,•wpriFl�.-.':2,✓`vim �..^i��^,: i fr.` •'+t.<"..= ��� FORWARDING TIME EA"PIRED S01.}EN,'PAIJELA G7 2'YTT^ PEPPER TREE LN #SS 1i'��_ iC.' fR. {:SSW i:.'+~'. 6+51 RETURN TO SENDER 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 July 21, 1989 TO: ADJOINING PROPERTY OWNERS RE: The application of: PENTATHLON CORPORATION „ DATE CHANGE Rezoning Application #015-89 To: Rezone .66 acres from RP (Residential; Performance to B-2 (Business General). This property is located at the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall District. This rezoning application will be considered by the: Frederick County Planning Commission on September 6, 1989 at 7:30 p.m. Frederick County Board of Supervisors on September 13, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 PLJ4(VC !N' ' i COUNTY OF FREDERICK 9 COURT SQUARE P 0 Box 601 WINCHESTER VIRGINIA 22601 • tit Jim Bowen 1518 Valley Mill Road Winchester, Va. 22601 L1919 Iu� — sQ Po.2 VAs �:1r5 Pe+t( ;cE�t _- �• 76 FORWARDING _ TIME y ftii'P.�.hirLiT 217 PEPPER TREE LN # C� S IeilNCHESTER ;':`A 22SC11 RETURN TO SENDER • • ' COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 July 19, 1989 TO: THE APPLICANT and ADJOINING PROPERTY OWNERS RE: The Application Of: PENTATHLON CORPORATION Rezoning Application #015-89 To: Rezone .66 acres from RP (Residential Performance) to B-2 Business General). This property is located at the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall District. This rezoning application will be considered by the: Frederick County Planning Commission on August 2, 1989 at 7:30 p.m. Frederick County Board of Supervisors on August 9, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa PENTATHLON - FFF--r- - = CORPORATION P.O. Box 746 • Stephens City, • VA 22655 • (703) 869-3273 • FAX (703) 869-4994 July 10, 1989 Mr. Robert Watkins Director Frederick County, VA Dept. of Planning & Development P. O. Box 601 Winchester, VA 22601 RE: Rezoning Application Dear Bob: Please find attached the application for rezoning .66 acres, located at the intersection of Valley Mill Road and Berryville Avenue from RP (Residential Performance) to B-2 (Business General). Also attached is the required $375.00 application fee. As we discussed during our brief application conference on July 5, 1989, in your office, the intended use for this property is a real estate sales office. Based upon our conference and the nature of rezoning, I understand that the impact statement is not require for this application. Should you require any additional information please call. Sincerely Stephen M. Gyurisin Vice President of Development mmk/P01-89-VA/Attachments Real Estate Development Planning • Capitalization • Acquisition • Managing MOVED • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 July 19, 1989 TO: THE APPLICANT and ADJOINING PROPERTY OWNERS RE: The Application Of: PENTATHLON CORPORATION Rezoning Application #015-89 To: Rezone .66 acres from RP (Residential Performance) to B-2 (Business General). This property is located at the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall District. This rezoning application will be considered by the: Frederick County Planning Commission on August 2, 1989 at 7:30 p.m. Frederick County Board of Supervisors on August 9, 1989 at 7:15 p.m. Both meetings will be held in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Couurt Square P.O. Box 601 Winchester, Virginia 22601 This is to certify t the attached correspondence mailed to the following on �. July 19, 1989 from Department of -Planning and DIlopment, Frederick County, Virginia: Pentathlon Corporation P.O. Box 746 Stephens City, Va. 22655 Walter A. Painter 1043 Orchard Ave. Winchester, Va. 22601 E. F. Smith 1499 Valley Mill Road Winchester, Va. 22601 Jim Bowen 1518 Valley Mill Road Winchester, Va. 22601 W.E. Simpson 3219 Blunddell Rd. Falls Church, Va. 22042 Nancy O. Patterson C/O Nancy Moomaw Sunnyside Station, Va. Carlin L. Smith 303 Ridge Ave Winchester, Va. 22601 Stephen M. Gyurisin P.O. Box 704,n Stephens City, Va. 22655 Ro ert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I,pylve'! (blkL-G`(. , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, date /qhas personally appeared before me and ackno edge the same in my state and county foresaid. Given under my hand this � day of -(, _, 1989. My commission expires on na, Val fJ k NOTARY PUBLIC :_ • RE UEST FOR REZONING COMM Virginia De partment of Transportation ATTN: William H. Bushman, Resident P.O. Box 278, Edinburg,Engineer Virginia 228,24-0278 { 7U3) ,984-4133 The local office of the Transportation Department is located'at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Pentathlon Corporation, P. 0. Box 746, STephens City, VA 22655 n M. Gyurisin, Vice -President of Development Name of development and/or description of the request: Rezoning of parcel from RP (residential) to B-2 (Business). Location: The first parcel located at the intersection of Valley Mill Road and Berryville Avenue.. See Attached Transportation Department Comments: No obi fc- on .�zan.i,n o6 -thiA pn,open-ty. Any enhance wilt have to be cone.tn.uc-ted -to VDUT mtinimum-s.tandanda to attow Son 6ase egneaa and in,ne3,5 o co en-t Pnion �odeveeopmen�t, my o��.tee w�-Pfnequ,vice a eomp.�ete aet o� constauct�an p�anreview. Any won pe7 anme on e tatie'h gway wi P, beeovvLed under a Land uae pe�tmit. VDOT Signature and Date: (NOTICE TO VDOT - PLEASE R RN THIS FORM TO THE AP ZV 4 PL C T.) TO CE- It is your responsibilTtylto c mpleteAPPLthC thisform as accurately Possible in order to assist the agency with their review. eAlso, please attach a copy of your application form, location map, and all other pertinent information. ;pt 4ILA PENTATHLON CORPORATION P.O. Box 746 • Stephens City, • VA 22655 • (703) 869-3273 • FAX (703) 869-4994 July 11, 1989 LIST OF EXHIBITS 1. Rezoning Application Form 2. Property Deed 3. Tax Payment Verification 9. Property Sketch 5. Location Map 6. Comment Sheets A. Winchester Regional Airport B. Frederick County Fire Marshall C. Virginia Department of Transportation D. Frederick County Sanitation Authority E. Frederick - Winchester Health Department F. Frederick County Inspections Department G. City of Winchester, Virginia 7. Impact Statement Real Estate Development Planning • Capitalization • Acquisition • Managing _t_ qL82� ` t uF F. 2. i` f tie proper r part iz i lt;--reSt: 3. The )roperty sought -3 be rezo: ,i is _.)cared at (please ;iv, 3�c :rectiora) southeast corns of t1he intarsa ,f Call = &,a a�;i _._r 3 _ �vor11 - i�.._ F��r r- rhP P o u t 4. The : roverty 'as a .:on_ =e of _ feet anti a dept `r 1 - eet and consi-ts e_ ��6 ac-, :_ (?'_.a. -)e - t) s The _ roperty La _e z,,:. l) +hf -C) 1 a ist?ri -3_ - LC _.. -_-. - -._ - --� --------- — ? . It Is requested tha= the prope-,LV -le .-ezo):led fr '7' ? t. 8. It is proposed that the property -will be ?it t-- the fcllowir:r .se: s1Le CIPryemei, I s I!" a c c Sn;�_._--+Z�:1 9. It is proposed at the f.)i low: buildings will ne -onstructe:l: i0. The r.,' J ,,.' 3 - F '.he he •'1 a a::d front (ac _ . st: =et fr USe add- jr des it T1 7i I" a1i `_E I _: -�, C1' sits] _� "che Property ID4k: 0n-001 -i Lr)00-) )07-U - :j4-0 2. Address: F. Smith Pr,:oerty IJ�. 54F00-A00-0 00- 0 3. Address: 1 518 V a 11 i Jim Bowen Property ID# NVU _ 54F00-001 00 r 0.006- ;. Address: w ; 3219 Bl and Rd 9 :11 W. E. Simpson Property ?DBE: 5 4 F 0 0 01-00%� -IN A ,stc VA 2 601 VA 226(-)1 urch, VA 22g42 ae � I , , -I. z on --I 5 Na ri c -I 7. T. 0 Carlin L. 'Sm '-h 'I v 40 sn�7 V 1 -0 ;ester Ad,i r e s s: Pr..)Perty Ad --es s: Property F7% .1� S ion -1 T) f? L the. undc gn--� , o he r e-D-, v .,-ovc-- r n m bt-iy to a---j I -he Wrede' County, Virgin -'a, with abL)%'- faC p p,-) r t I r Signa�ure of App!L�ant. Sig icure of Owner: PTj, S E IF! Owners' Mailing Address: -P. 0. Box 704 Owners' Telephone No: -Stephens City. V,� 22655 ?'-ANN r7o,,VVISSION ?U"ILIC 2IC0`LMENND1T10111 !,)F (daLe)—. a BOARD OF S:-7P-ERVISOPS ?IIBL:C HEA-.tING ACTION OF (irate) i A p -p v a ' I Beni al COUNTY Ab:�. --] I"XIII BIT 6-1 RE UEST FOR REZONING COMMENTS Winchester Regional Airport ATTN: Kenneth F. Wiegand, .Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicants name, address and phone number: Corporation, P. 0. Box 746, Stephens City, VA 22655 M. "Yurisin Vice President of DevolopmenL Name of development and/or description of the request: --Rezoning of parcel from RP (residential) to B-2 (Business). Location: ThP first parcel located at the intersection of Valley Mill Road and Berr ville Avenue. See Attached Winchester Regional Airport Comments: _ (Iffier/d Ye Loper should review restrictions addressed in Airport Zonin District a0d compl v Airport Signature & Date: (NOTICE TO AIRPORT - PLEASE RETU THIS ORM THE AP Kenneth F. Wiegand APPLICANT.) CE It is your responsibilTtty=to completeLthhisTform as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZONING COMMENTS Doug Kiracofe, Frederick County Fire Marshall P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if, you prefer to hand deliver this review form. Applicant's name, address and phone number: tathlon Corporation, P. 0. Box 746, Stephens City, VA 22655 —_S__te-p-hen_'_'. Gyurisi.n_, Vice President of Development Name of development and/or description of the request: Rezoning of parcel from RP (residential) to B-2 (Business). Location: The first parcel located at the intersection of Valley Mill _ Pnnd and Berryville Avenue. See Attached Fire Marshall Comments: Fire Marshall Signature & Date:-C._�'.' (NOTICE TO FIRE MARSHALL — PLEASE-I2ETVRN THIS FORM TO APPLICANT. ALSO, PLEASE NOTE IF FIRE COMPANY HAS-BEEN CONTACTED.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZ_ O_ NING COMMEX�S Ilt Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 7-+O, STephens City, �'A en M. Gvurisin, Vice -President of Development Name of development and/or description of the request: Rezoning of parcel from RP (residential) to B-2 (Business). Location: The first parcel located at the intersection of Valley Mill Road and Berryville Avenue. See Attached Transportation Department Comments: N ob{eet�on to nezon�n o6 ,thi6 P�copen-ty. An con,5-t,'cuc-ted zo UDUT minimum -5 tandandh to attow en-t2anee wjet have to be 07 hake eyze,5e and ino Le3,s ° no e`cz P��-o�c to devekoPment, my o��.tce w.i,P.fnequ.�n,e a comp.�e.te sex o� con�tnuet-ton p�anb �o�c nev�,ew. Any woe pen onme on t e za e � n-iGht-o�-wau w.i-PQ be covered under, a Qand uee �enm.i.t. VDOT Signature and Date: (NOTICE TO VDOT - PLEASE R � RN THIS FORM TO THE APPL L1 C T. ) CE TO "PI It is your responsibili�tyito c pleteLthcisTform as accurately Possible in order to assist the agency with their review. Alsos please attach a copy of your application form, location map, and all other pertinent information. RE UEST FOR REZONING_ COMMENTS Frederick County Inspections Department'` ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: loll Corporation, N 0 Box 746, Stephens Cite, %,.A '2055 Vice President of Develo ment Name of development and/or description of the request: residential to B-2 Business). Location: reel located at the intersection of Vallev Mill ville Avenue. See Attached. Inspections Department Comments: Inspect. Signature & Date: -.,,- (NOTICE TO INSPECTIONS - PLEASE ~RETURN THIS FORM TO APPLyICANT. It is your responsibilNOTICE TO ity to c pl Possible in order to assist the aeteLthC sTform as accuratelyas gency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. BEQUEST FOR REZONING COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Pentathlon Corporation P. n Box 746 Stephens Citv, V\ Stephen M. Gyurisin, Vice President of Development Name of development and/or description of the request: Rezoning of parcel from RP (residential) to B-2 (Business) Location: The firstparcellocated at the intersection of Valley Mill —_Road and Berryville Avenue See Attached City of Winchester Comments: City Signature and Date: (NOTICE TO CITY - PLEASE RETURN THIS FORM TO NOTICE TO APPLICANT E APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, and all other pertinent information. • REQUEST FOR EXHIBIT l5 V REZONING Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Pentathlon Coi- puCdLiu;;, r. U. fiox i46, Stephens City, VA 22655 Stephen M. Gyurisin, Vice -President of Development Name of development and/or description of the request: Rezoning of parcel from RP (residential) to B-2 (Business). Location: The first parcel located at the intersection of Valley Mill Road and Berryville Avenue. See Attached Sanitation Authority Comments: /.� T� A qq456 W,6A L !it/,E'S' .�4t' Sanit. Signature & Date: SZICA 16` V 0Or/ (NOTICE TO SANITATION EASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. EX►{TBIT 2 �o N Cv 'J N v � o �+ .P co it1 U o � U1 • rl H� DERSON, LARRICK & LARRICIS .TTORNEYe AT LAW 'CHESTER, VIRGINIA BK631PG111�- THIS DEED made and dated this 24th day of October, 1986, by and between RUPERT B. MORRIS and BARBARA L. MORRIS, his wife, of the one part, hereinafter called the Grantors; and, M. LEWIS McDONALD and NAOMI G. McDONALD, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all their right, title and interest in and to those certain lots or parcels of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot Nos. 1, 2 and 5, Valley Mill Heights, G. W. and Clara Morris Lots, as shown on the plat and survey of Lee A. Ebert, C.L.S., dated July 31, 1952, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224, at Page 378, LESS that certain conveyance of the northeast portion of said Lot No. 5 conveyed to the State Highway and Transportation Commission of Virginia of record in the aforesaid Clerk's Office in Deed Book 521, at Page 190. • 6K63 1 PG 1 73 This is a portion of the same property conveyed to Clara E. Morris and G. W. Morris, her husband, by Deed dated April 12, 1952, from Wycliffe T. Moreland, et ux, said Deed of record in the aforesaid Clerk's Office in Deed Book 223, Page 235. G. W. Morris subsequently died intestate and the Grantors herein are heirs -at -law pursuant to the List of Heirs recorded in the afore. said Clerk's Office in Will Book 61, Page 172. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL Ruper B. Morris Y (SEAL) arbara L. Morris l/ STATE OF /COUTdTY O , to -wit: The foregoing instrument was acknowledges before,m LU this day of 1986, by Rupert BY Morris ane Barbara L. Morris, his wife. �'•,, �11 ��� ANDER6oN. LARRICK / 8 •/���yyy & LARRICK My commission expires ATTORNEYS AT LAW WIDTCIIESTER. VIROINIA ��- i -- -- Notary Public ,;iflufNIA FE-DEH1CK COUNTY, SCT. TiAs instrument of rfting wa produced to me on the �-h day of (%L1�i 19 at , 0—�-l.O4-1,71 ind wit11 certificate of acknowladgment thereto annewd was Idmitted to racord. Tax unposed Uy Sec. 58-A.1 of SO�_, and 58-54 have boon paid, if assessable. x�r �o � N a� �> >1�4 o m m0) Ln U o fz: Ln .H 1 i V :)ER60N, LARRICK & LARRICK TTOIINXYB AT LAW 4CRR9TRR, VIRQINIA BK650pGO25 THIS DEED made and dated this 4th day of November, 1986, by and between L. PAULINE KEEFAUVER and WILBUR L. KEEFAUVE her husband, of the one part, hereinafter called the Grantors; and, M. LEWIS McDONALD and NAOMI G. McDONALD, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all their right, title and interest in and to those certain lots or parcels of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot Nos. 1, 2 and 5, Valley Mill Heights, G. W. and Clara Morris Lots, as shown on the plat and survey of Lee A. Ebert, C.L.S., dated July 31, 1952, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224, at Page 378, LESS that certain conveyance of the northeast portion of said Lot No. 5 conveyed to the State Highway and Transportation Commission of Virginia of record in the afore- said Clerk's Office in Deed Book 521, at Page 190. BX650pG026 This is a portion of the same property conveyed to Clara E. Morris and G. W. Morris, her husband, by Deed dated April 12, 1952, from Wycliffe T. Moreland, et ux, said Deed of record in the aforesaid Clerk'sOffice in Deed Book 223, Page 235. G. W. Morris subsequently died intestate and the Grantors herein are heirs -at -law pursuant to the List of Heirs recorded in the afore- said Clerk's Office in Will Book 61, Page 172. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) (SEAL) STATE OF FLORIDA, CITY/COUNTY OF-t-- , to -wit: The foregoin instrument was acknowledged before me this C"9 a day of , 19 Y7 , by L. Pauline Keefauver and Wilbur L. Keefauver, her husband. NotoN MR, State of Ror�934 14y commission expires May 23, dad Thru Trov + r :',,"Onto, Ink (NOTARIAT4. SiL s)w instrr hit of writing w u .NDERSON. LARRIGK / 19 $t 1. �O •' day of 9 J -- _ & LARRICK :r rXINCRESTER, AT r.,.w �'U 1 �j t;t,d wl'- certificate f acknowledgment thereto dnLnBX@i1 IIf31 LA `' l- Tax imposed by .sec. 56-34.1 of ` .C11111tted t0 record. a te.._._ , and 5&54 have been paid, if assessable. t Cler1 M ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCUBSTER. VIROINIA CONSIDERATION: $10,000.00 BK627PG308 THIS DEED made and dated this 114-day of September, 1986, by and between CLARA PROFFITT (being one and the same person as CLARA E. MORRIS) and A. D. PROFFITT, her husband, of the one part, hereinafter called the Grantors; and, M. LEWIS McDONALD and NAOMI G. McDONALD, his wife, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, the receipt of which is hereby acknowledged, the Grantors! do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by j I the entirety, with the right of survivorship, as at common law, all their right, title and interest in and to those certain lots or parcels of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot Nos. 1, 2 and 5, Valley Mill Heights, G. W. and Clara Morris Lots, as shown on the plat and survey of Lee A. Ebert, C.L.S., dated July 31, 19S2, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224, at Page 378, LESS that certain conveyance of the northeast portion of said Lot No. 5 conveyed to the State Highway and Transportation Commissioner of Virginia of record in the aforesaid Clerk's Office in Deed Book S21, at Page 190. 0 0 ANDERBON, LARRICK R LARRICK ATTORNEYS AT LAW WINCRESTRR. VIRGINIA t art L i ruaUzi This is a portion of the same property conveyed to Clara E. Morris and G. W. Morris, her husband, by Deed dated April 12, 19S2, from Wycliffe T. Moreland, et ux, said Deed of record in the aforesaid Clerk's Office in Deed Book 223, Page 23S. G. W. Morris subsequently died intestate and his widow, Clara E. Morris, subsequently remarried and is now Clara Proffitt. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: dc �jhcQ ' (S EAL ) Clara ro tt '7 (SEAL) . D. Profflitt STATE OF VIRGINIA, AT -LARGE, COUNTY OF FREDERICK, to -wit: oj(T�he foregoing instrument was acknowledged before me this � day of September, 1986, by Clara Proffitt and A. D. Proffitt, her husband. My commission expires• /1RGINIA FREDERICK COUNTY, SCT. o t-1--- t �c ' This °otrxment of w produced io m,9 cn Y day of 19-2,, at .ad with certificate of aclmowledgment thereto annexed was admitted to record. Tax imposed by S9c.- 58•64.1 of and 58-54 have been paid, if assessabl, J_ DER60N. LARRICK R LARRICK TTORNIiTS AT LAW CRESTER. VIRGINIA .II V V V I V I U 1.i THIS DEED made and dated this 20th day of October, 1986, by and between BEATRICE V. HECKMAN, Widow; MARY ANNA SNYDER, Widow; AUDREY MORRIS, Widow; MICHAEL WESLEY MORRIS, Unmarried; and, VERONA MORRIS PAPPAS and RICHARD B. PAPPAS, her husband, of the one part, hereinafter called the Grantors; and, M. LEWIS McDONALD and NAOMI G. McDONALD, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all their right, title and interest in and to those certain lots or parcels of land, lying and being situate in Shawnee Magisteri District, Frederick County, Virginia, designated as Lot Nos. 1, 2 and 5, Valley Mill Heights, G. W. and Clara Morris Lots, as shown on the plat and survey of Lee A. Ebert, C.L.S., dated July 31, 1952, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 224, at Page 378, LESS that certain conveyance of the northeast portion of said Lot No. 5 conveyed to the State Highway and Transportation Commission of Virginia of record in the aforesaid Clerk's Office in Deed Book 521, at Page 190. 0 0 MSON, LARRICK ie LARRIcli ORNEYB AT LAW :ESTER, VIRGINIA Un u J u 1 D i v -r This is a portion of the same property conveyed to Clara E. Morris and G. W. Morris, her husband by Deed dated April 12, 1952, from Wycliffe T. Moreland, et ux, said Deed of record in the aforesaid Clerk's Office in Deed Book 223, Page 235. G. W. Morris subsequently died intestate and the Grantors herein are heirs -at -law pursuant to the List of Heirs recorded in the aforesaid Clerk's Office in Will Book 61, Page 172. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) Beatrice V. Heckman - 2 - (SEAL) ar na Snyder (SEAL) r y Mo �Jijs el Wley Mor ithaf-d B. '. •.. BK630FG105 STATE OF PENNSYLVANIA, CITY/COUNTY OF FRA N K L, I N to -wit: The foregoing instrument was acknowledged before me *"tick GIs+ day of W i•c}ow,. • ()e To i� Fri , 1986, by Beatrice V. Heckman, My commission expires IAL SEAL) JU LY z ,, 11S9 Notary Pubic STATE OF PENNSYLVANIA, CITY/COUNTY OF _ ;�`s,1�1� to -wit: I The foregoing instrument was acknowledged before me I this day of 1986, by Mary Anna Snyder, W1A My commission expires (NOTOIAL SEAL) sr 'K W &kI6 PUBLIC ` 0 MT. JOY TOWNSHIP, ADAiHS CQi1NTY MY COMMISS1014 EXPIRES JAN. 13, 1990 STATE OF MARYLAND, Member, Pennsylvania Association of Notaries CITY/COUNTY OF �l1 ,� tr X�. to -wit: The foregoing instrument was acknowledged before me t 'L ays��,. �t�h,�,s day of ,, 1986, by Audrey Morris, ,. W r(� Ow r. My commission expires •%j. N. Z '•• (-?(,G7A-RIAL SEAL) �rrrrrrr ,ur,r�•N•� sox. LARRICK LARMCK VEY/ AT LAM TXA. VIIOINXA - 3 - fi ; (n Notary u is DERSON. LARRICK & LARRICK ,TIORNRYR AT LAM caarraR, v:ROINiA ONUjUUu y STATE OF MARYLAND, CITY/COUNTY OF to -wit: uuJa�q,t�, aThe foregoin instrument was acknowledged before me ay of L 1986, by Michael Wesley ,Mo , ;Unmarried. �• ` 1 \i My commission expires , •' ` IltlJt�f151� (NOTARIAL SEAL) Notary u is STATE OF MARYLAND, CITY/COUNTY OF Ml k to -wit: The foregoing instrument was acknowledged before me of jr� 1986, by Verona Morris I-"' appas and Richard B. Pappas, her < �:: My commission expires I1 l- <; f: ,�,TARIAL SEAL) t husband. N-otary Pubc Tail instrxment of writing was producea to me o., t day of end with certificate of acknowlede19eat , idmitted to record. Tax imposed by Sacg.a4. I of ereto ca 1 Nas v--c-.-._ 01 and 58-54 have been paid, if aiseasabho Cler} s 1� -i i- t __ r'%�.''� y c� JUL-), V4 r 19 Dj by a.�u �e: en =eleL =:_k, ried, Grantor, party of t' e first :'art and :;aurice Lewis McDonald and Naomi G. McDon,ld, his wire, G-� :ntee,, uaz•ties of the second part, W- V E S S y T H - 'That the said pzty of the firs part for e:_4 in consideration of the c_ h sum of Dollars, t Ten �ol..ars, and otr_er adequate cons-deratior,; deemed valuable in law, the receipt of all of which is hereby ackn: -leda ced, does graxit, sell and co- ; ey, rri t oener._1 arranty of ti.; ' e the �� .._, , uai�o _.id r. rice LE'YI� 8 _. ✓Jim - - .a=d and and 2._ te__.:s by � d, y e,_.�ire Wiles, w: th commor_ lair^i'- ht of that and a Y. ; rs _ _ J+ - _ - _ ----...- a � i• . ... " �. . �_"_ 'i = - - - __ ., .5 = :.. � frog; �c -�e� I a shcr� -, _ - a ter to 3er_u-vii1e, `St'z :�aSt:^ar: fr01=1 the ^lj;` r+ 15 deS:Ci.a.�,.d as .�Ct i�0 �-* ,.,_ '� L_. L:�C :ester• Said lot - n.PEZ (3) on the Plat of Valley -,!ill Heights Stub -division of G• W and ; laja, :.iorr as 1.^� i �- is, and is described GI_- a _'rontage on the riighY,ay o f . te line emofeet; the �Testern -- - cm said y r'i�h:.lato the �vT - -- ., or�r of Lot iuc 2, has � _P-�� % = c•- �e �. r f 7. 8 _ ' a Of 155 feet -,-'ray,o t-1e ory h _-i13 4 and the ;id'n ; :- �nc is -ade and rests ictics run:, i ie t11E-- c, ?nd is the same real es,- - „to t, patty Of he first part by Richard and w_f e, by deed date o e iay of April, l956 and of record in the Office of the Clerk of th e :ircait Court 'ar _ :eler�ck County, Virginia, in Deed Book No. '41 at page 131• Reference may be made to said deed and the r4 ��_C�--eel _ V \ C�� ^ c►�k1 aA, Mry TAX :o. TRAN$IER FEE �-wRciNo Fea OSEPH B. NEWLIN k TORNEY•AT-LAW NCHESTER. VIRGIN. .-,a first part covenant hat she has a good ri _a �c ce _.jyy, _ 1 *-•d real estate to the Grantees; that the same is free from all liens and encumbrances; and that she it-_ Jrant such further ass-"rances of title as may be requisite. "litness the fsiS:^wture a:^d seal: He- en R. 'r ' a � 3 C� i ni a, of 'E..f. - , '?'o�' r1t a note _ ���=c in and for ==-- -__rinia, co h�rTe r certify to the cry loin and day of 1965, .:efore me in ay :;ounty afore_�id and .LZ co=, fission e-f sires March 26, 1969. Given under my -land this IIL day of June, 1965. was pr Qng ' ;t#� t-r; :, .. �f jc.. :, << ,:u. thereto xe was ce 't d - r � t:f r � q � �• i .. .. - ice- ... •_ `--..a- - . a v J . ,. .. , " •. , v u r '987 by and between the _'OMMONWEALTH THTC -�- ..., S __ - iI f— ; Wit, i , tng .1 _,ugh -.;,e C;;,,��onwealth Transportation Commissioner, Grantor, and MAURICE L=WTS mCC,�NA' D AND NAOMI G. MCDONALD, Grantees; W,'•NESSETH: THAT WHEREAS, the hereinafter described property was acquired incidental to the construction, reconstruction, alteration, maintenance and repair of the State Highway System, nd ,vHE�S S, accordi-gly, t6:s conveyance is authorized in accordance with .:-9- of t�,e Code of Virginia (1950), as amended the provisions of Section. NOW, THEREFORE, for and in consideration of the sum of FOUR HU :)RED DOLLARS (g400.00), receipt of which is hereby acknowledged, and the affidavit of the Gra„tt_s gnat they are the owners of the adjacent property and that the adjacent prcper_y is free from ,ions a:,d/or deeds of trust, the Grantor does hereby grant and c nvyy without v,a r:^ , J"'- rsrtees the hereinafter described lot ,tri Frederick _ end C 'r'Dinia, ^y d5 Sri G'i C^,ec ` i C� the P- 7-, s for Routef 659, State ighwa� ,-act 065 34-i47, C G1, lying vv=:t of and adjacent to the west _posed rig_cit of way line c Route o:) from the lands now or =orTerly be'vng�'q to Clara ?roffit and G. W. Morris, Estate at a point agproximat= y 25 feet opposite approximate Station 14+70 (field revised centeriine Route r,D9) to the north property line of the lands now or formerly belonc4ng to James E. Bowen and Pamela G. Bowen at a point approximately 25 fee- opposite approxi- mate Station 15--�5 (field r-w ised "E centerline Route 659), con- taining 820 square feet, mc-. or les., and being a portion of the land acquired from HelE, R unk by deed dated January 17, 1980, recorded in Deed Book 5iS, ge 646 in the Office of the Clerk of the Circuit Court of Frederick County. Fora more particular �escr'ption cf the land herein conveyed, ref- erence ;s made to tre piotocopy o- said Sheet ?, showing outlined ^E8 the said 'and. Wr-,ch photoccoy is nere a attached as a 'part conve�yar�ce ar-� is to be red rded si :ul,.aneously herewith in the State Hilhw.:y Pla- Eook. t s understood and ,-greed by and Let, E `-:e Parties hereto, that his conveyance is subject To any rignt, priv;,ege, or easemen.-- encumbering the herein describes land, whether located above, upon, or under the surface, either presently in use or of record. IN WITNESS WHE-EOF, the Conn:, nwealth of Virgi.la, acting by and through Ray D. Pethtel, Commonwealth Transportation Commissioner, has caused this deed to be executed in her name as of the day, month, and year first above written. COMMONWEALTH OF VIRGINIA / (SEAL) By Commonweal Transpo ration Commissioner -1- COMMONWEALTH GE VIRGINIA 0 5 7 PG 5 8 City of Richmond, To -Wit: I, � � ,y 4A]j = , a Notary Public in and for the State of Virginia at Large, do certify that Ray D. Pethtel, Commonwealth Transportation Commissioner, whose name is signed to the foregoing writing bearing date on the 12th day of August, 1987 has acknowledged the same before me. My commission expires ,�pe%�- S ►`�&f1 Given under my hand this �`��l day of A4" , 1987• Notary Public /;RGINIA FREDERICK COUNTY, SC-T. This in trument of iting wx produced o me on the lg , at day of ind with certificate of .nowladgment thereto anneKa3 rlmitted to ecord. Tax imposed by � c 5a'o4 1 of and 58-54 have been paid, if arse s.i.6.k Clel `. -2- LI T 'riJPERTY 1 i4 VOLLEY FILL a7 T ;.�i_ '` �. J. PIKE 1SJ1 LAND AC'REASL ZONE U/C VALUE 6,000 I-,,130 PAuE I IMPROV. VALUE 20,g0i� • 57,800 35,4GJ I ----------- EY-1 PPK-r jALf,-)7 e'OM �LAEy ( -gp) P31 5 rTE 3. U-TI U Z-C-:: -D - 3. 4JIC*JNRD S&RCC) LbITE - EXI IT 3 COUNTY of FREDF,RICK (;. W1111ant Orndoh, jr. TrCa;ur: r -(13 662 11hi . To t•"hom It May Concern: Please be advised that taxes under the name of !�n. ���- rig - �x;,a_Id for iG the follo-.ing category/categories have been satisfied in the County of Frederick REAL ESTATE Year Description j r-, a n%a_ n, e_ PERSONAL PROPERTY V_-r i C. William Orndoff, , Jr. Frederick County Treasurer P.O. Box 225 - Winchester - Vir�,-inia - `_2601 54FOO-001-0000-0000-0004-0 PAINTER, WALTER A. 1514 VALLEY MILL RD .20 RP RS 6,000 20,9CC VETERANS ADMINISTRATION 54F00-A00-0000-0000-OJ21-0 SMITH, ERNEST F. C VIOLA GAY B. V. PIKE 1501 .60 RP RS 10,000 57,800 1499 VALLEY MILL ROAD WINCHESTER, VA. 22601 54F00-001-0000-0000-0006-0 3OWEN, JAMES E. E PAMELA G. 1518 VALLEY MILL RD .20 RP RS 5,000 35,4nC 1513 VALLEY MILL ROAD WINCHESTER, VA. 22601 54F00-001-0000-0000-0009-A SIMPSON, WALLACE E., SR. E B. V. PIKE L.9-A .10 RP AG 1,200 JANICE R. • 3219 3LJNDELL ROAD FALLS CHURCH, VA. 22042 54F00-002-0000-0000-0001-0 • PATTERSON, NANCY 0. 1505 VALLEY MILL RD .25 RP RS 6,500 35,103 CEO NANCY 0. HOOMAW SUNNYSIDE STATION WINCHESTER, VA. 22601 54FOO-002-0000-0000-0002-0 SMITH, CARLIN L. E GEORGIA E. VALLEY MILL ROAD .20 RP AG 200 303 RIDGE AVENUE WINCHESTER, VA. ,j V c i -pJ Ems. ,-a, �lcisr�N� Esi���nA� tzE� C��� 51NC�c� m��•� fi(o►^nE EY-1 AP TM�r�' C0 LE:y C�P> k�zo�llr�lC� �fT� -E� o 6z) --.C�TLi z , -Pu�-FtL - SA- 40b L- sCrE • • • • • • • • • • • • • • • • • • • • • • • • [o * * * * 9 0 0 0 0 0 0 0 9 0 0 0 0 • 0 • • • • 0 j I— r • 71 If T 77 3-4 PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 C=) IV P-M -7 U.S.P 0 S I A ]GE OCT25'Bj 0 .2 5 4 R ft-7zi /Vc. Wa I ter A. Painter Veterans Administration 1-514 valley Mill Rd. Winchester, Va. 22601 • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 October 25, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Penthathlon Corporation Rezoning Application #015-89 To: Rezone .66 acre from RP (Residential Performance) to B-2 (Business General). This property is located on the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just east of the intersection of Route 7 and I-81, in the Stonewall Magisterial District. This rezoning application will be considered by the Frederick County Board of Supervisors on November 8, 1989 at 7:15 p.m. in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, G- Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601