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067-05 ENDORSEMENT - LIMITED ACCESS LINE BREAK- FOR ORANGE PARTNERS, LLC (KERNSTOWN COMMONS) Action: PLANNING COMMISSION: May 4, 2005 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2005 [) APPROVED o DENIED WHEREAS, Orange Partners, LLC, the property owner of a 31.5 acre B-2 (Business General) zoned property, identified by Property Identification Number 75-A-l 0, located on the east side of US Route 11 (Valley Pike), south and adjacent to VA Route 37, and west and adjacent to Interstate 81 Exit 310, is seeking a limited access line break from the Commonwealth Transportation Board to facilitate improved vehicular access to the property from Route II; and WHEREAS, The property owner has agreed to restrict development within the designated 'limits-of-use' area, reserving such area for future right-of-way necessary to accommodate an improved 1-81 and Route 37 interchange. As such, the development within this 'limits-of-use' area could include non-ordinance required parking and accessory uses; and WHEREAS, The property owner has agreed that the potential relocation of any parking or accessory uses constructed within this future right-of-way will not be the County nor the State's financial responsibility; and WHEREAS, The property owner intents to develop the 31.5 acre subject site for commercial uses, business and service opportunities that will enhance the community's quality of life and tax base; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the property owner's request for Endorsement of Limited Access Line Break is hereby supported. This resolution of support shall be in effect on the day of adoption. PDRes#26.05 Passed this 22nd day of June 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Lynda J. Tyler Aye Gary W. Dove Aye Gina A. Forrester Aye Bill M. Ewing Aye Gene E. Fisher Aye A COpy ATTEST PDRes#26-05 BOS Resolution No.: 067-05