Loading...
CPPC 07-10-06 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 --= - FAX: 540/665-6395 MEMORANDUM TO: Comprehensive Plans and Programs Subcommittee (CPPS) FROM: Susan K. Eddy, Senior Planner SKe RE: July Meeting and Agenda DATE: June 29, 2006 The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting on Monday, July 10, 2006 at 6:30 p.m. in the Board of Supervisor's Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Please note the earlier start time. The CPPS will discuss the following agenda items: AGENDA 1. Comprehensive Policy Plan Amendment (CPPA) Requests for 2006 2 Other Please contact our department if you are unable to attend this meeting. 0=1:=TI Access is limited during the evening hours. Therefore, it will be necessary to enter the building through the back double doors of the Board of Supervisors Room, located in the rear of the new addition of the County building. I would encourage committee members and interested citizens to park in the County parking lot located in the rear of the building and follow the sidewalk to the back double doors of the Board Room. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ITEM #1 COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS FOR 2006 The Department of Planning and Development received seven applications for Comprehensive Policy Plan Amendments (CPPA) by the June 1, 2006 deadline. This year, as agreed at the Planning Commission Annual Retreat in February 2006, the Comprehensive Plans and Programs Subcommittee (CPPS) will be reviewing the applications first, on July 10th. It is important to note that staff will be making a short presentation on each application and then each applicant, or their representative, will be allowed to give a short presentation (maximum time ten minutes). The CPPS will forward a recommendation on each application to the Board and Planning Commission for consideration at their joint work session to be held later this summer. The Board will determine at the work session which, if any, of the requests to amend the County's Comprehensive Policy Plan warrant additional consideration. In keeping with the county's established protocol for long-range policy planning, those requests selected to advance through the process will be referred back to the CPPS for detailed study, likely in the fall. Attached you will find a summary table of the 2006 requests, a map showing the location of each proposal, a map showing the location of each proposal in the context of the Eastern Frederick County Long Range Land Use Plan, a map of each application and a copy of each application. 2006 Comprehensive Policy Plan Amendments (CPPA) Applications Summary of Requests CPPA Name of Request Magisterial Type of Request Number District #01-06 CROSSPOINTE Shawnee UDA E #06-06 � CLEARVIEW Stonewall UDA Expansion (Residential) #07-06 I THE GROVE Red Bud UDA Expansion (Residential) Proposal Acreage* A mix of housing types xpansion Low density housing and 240 battlefield preservation (Residential) #02-06 HUNTSBE MY ESTATE Stonewall UDA Expansion business (partially in the (Residential) #03-06 NEWTOWN VILLAGE Back Creek UDA Expansion park acreage to make (Residential) #04-06 SOLENBERGER- Stonewall SWSA Expansion & a text amendment on REST CHURCH land adjacent to the (Industrial) #05-06 ROUND HILL CENTER/ Gainesboro UDA Expansion area land use plan NATIONAL LUTHERAN & a text amendment on (Residential & land adjacent to the HOME UDA/SWSA Commercial)) #06-06 � CLEARVIEW Stonewall UDA Expansion (Residential) #07-06 I THE GROVE Red Bud UDA Expansion (Residential) Proposal Acreage* A mix of housing types 5.2.10 Low density housing and 240 battlefield preservation A mix of housing types 79.25 Industrial and supporting 287 business (partially in the SWSA) Commercial, age -restricted 370 residential, residential and (Plus other park acreage to make a contiguous boundary) Age -restricted residential 130 & a text amendment on land adjacent to the UDA/SWSA Residential, park, small 320 area land use plan (Includes & a text amendment on acreage in the land adjacent to the UDA) UDA/SWSA *Reflects acreage of parcels expressly identified in the application. Ultimate amendment may involve additional acreage to ensure contiguity of boundaries. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 —�— FAX: 540/665-6395 MS V IAXND U IVl TO: Comprehensive Plans and Programs Subcommittee (CPPS) FROM: Susan K. Eddy, Senior Planner 5Ke RE: July Meeting and Agenda DATE: June 29, 2006 The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting on Monday, July 10, 2006 at 6:30 p.m. in the Board of Supervisor's Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Please note the earlier start time. The CPPS will discuss the following agenda items: AGENDA Comprehensive Policy Plan Amendment (CPPA) Requests for 2006 2. Other Please contact our department if you are unable to attend this meeting. SKE/bad Access is limited during the evening hours. Therefore, it will be necessary to enter the building through the back double doors of the Board of Supervisors Room, located in the rear of the new addition of the County building. I would encourage committee members and interested citizens to park in the County parking lot located in the rear of the building and follow the sidewalk to the back double doors of the Board Room. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 C� ITEM #1 COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS FOR 2006 The Department of Planning and Development received seven applications for Comprehensive Policy Plan Amendments (CPPA) by the June 1, 2006 deadline. This year, as agreed at the Planning Commission Annual Retreat in February 2006, the Comprehensive Plans and Programs Subcommittee (CPPS) will be reviewing the applications first, on July 10'�'. It is important to note that staff will be making a short presentation on each application and then each applicant, or their representative, will be allowed to give a short presentation (maximum time ten minutes). The CPPS will forward a recommendation on each application to the Board and Planning Commission for consideration at their joint work session to be held later this summer. The Board will determine at the work session which, if any, of the requests to amend the County's Comprehensive Policy Plan warrant additional consideration. In keeping with the county's established protocol for long-range policy planning, those requests selected to advance through the process will be referred back to the CPPS for detailed study, likely in the fall. Attached you will find a summary table of the 2006 requests, a map showing the location of each proposal, a map showing the location of each proposal in the context of the Eastern Frederick County Long Range Land Use Plan, a map of each application and a copy of each application. 2006 Comprehensive Policy Plan Amendments (CPPA) Applications Summary of Requests CPPA Name of Request Magisterial Type of Request Proposal Acreage* Number District #01-06 CROSSPOINTE Shawnee UDA Expansion A mix of housing types 52.10 (Residential) #02-06 HUNTSBERRY ESTATE Stonewall UDA Expansion Low density housing and 240 (Residential) battlefield preservation #03-06 NEWTOWN VILLAGE Back Creek UDA Expansion A mix of housing types 79.25 (Residential) #04-06 SOLENBERGER- Stonewall SWSA Expansion Industrial and supporting 287 REST CHURCH (Industrial) business (partially in the #05-06 ROUND HILL CENTER/ Gainesboro UDA Expansion Commercial, age -restricted SWSA) 370 NATIONAL LUTHERAN (Residential & residential, residential and (Plus other HOME Commercial)) park acreage to make a contiguous #06-06 CLEARVIEW Stonewall UDA Expansion Age -restricted residential boundary) 130 (Residential) & a text amendment on land adjacent to the UDA/SWSA #07-06 THE GROVE Red Bud UDA Expansion Residential, park, small 320 (Residential) area land use plan (Includes & a text amendment on acreage in the land adjacent to the UDA) UDA/SWSA J _ ,7. a- ✓ r ^r ��� �� �•�acu s�� ii�c u��eu utt�rt. uttirnme unienament may involve Caaltional acreage t0 ensure contiguity Of bOundarles. #01-06 CROSSPOINTE COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: Fred L. Glaize III 2. Project Name: Crosspointe 3. Mailing Address: P.O. Box 888 Winchester, VA 22604 4. Telephone Number: (540) 662-2092 Authorized Agent Information: 1. Name: Patton Harris Rust & Associates 2. Project Name: Crosspointe 3. Mailing Address: 117 E. Piccadilly St. Suite 200 Winchester, VA 22601 4. Telephone Number: (540) 667-2139 B. Legal interest in the property affected or reason for the request: Reason: Enable inclusion of remainder of property located outside of UDA and the SWSA in Crosspointe Center, project which was approved by the Board of Supervisors on February 11, 2004 (Rezoning #13-03). The 52.10 acre portion of the property located north of Hoge Run was initially included in the Crosspointe Center rezoning application, but was removed from the proposal when it was confirmed that this area was located outside the UDA and the SWSA The property owner is seeking the inclusion of this land in the UDA and SWSA to allow its eventual integration with the Crosspointe Center development. C. Proposed Comprehensive Policy Plan amendment — please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): 75-A-94 Magisterial District: Shawnee b. Parcel size (approximate acres): 303 Acres (Proposed UDA expansion — 52.10 Acres +/-) C. Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): Mixed -Use PUD. Environmental e. Proposed Comprehensive Plan land use classification(s): Unchanged f. Existing zoning and land use of the subject parcel: RA — Vacant/Undeveloped g. What use/zoning will be requested if amendment is approved? RP- Residential Performance h. Describe, using text and maps as necessary, the existing zoning, C Comprehensive Policy Plan designations, and/or approved used and densities along with other characteristics of properties that are within: • 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size • % mile if 21-100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. i. The name, mailing address, and parcel number of all property owners within 200 feet of the subject parcel(s), with Adjacent Property Owners Affidavit (page 7). 2. FOR A TEXT AMENDMENT Not Applicable a. Purpose and intent of amendment. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. Proposed new or revised text. Note. Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. f. What level of service impacts, if any, are associated with the request? 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The UDA and SWSA boundary presently traverses the subject parcel along the path of Hoge Run, resulting in the exclusion of approximately 52. 10 acres. This area is included in the Southern Frederick County Land Use Plan (SFCLUP) and is designated with several planned land uses, to include mixed use PUD and environmental. The SFLUP indicates that UDA expansions with the study area should be considered pursuant to prevailing growth trends and approved when appropriate to ensure a competitive land market. Moreover, the SFLUP states that areas located west of Front Royal Pike should be among the first to be considered for expansion of the UDA and SWSA. The subject acreage is intended to be integrated with the approved development program for Crosspointe Center, and is considered critical to achieving the land use intensity necessary for a thriving mixed use project. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public Facilities. 1. Community Design: The inclusion of the subject area in the Crosspointe Center project will contribute to the development of a mixed use community anchored by substantial commercial development and a mix of complementary residential uses. This project is planned to develop in a unified and phased manner that will ensure full mitigation of projected fiscal impacts. The development program will further incorporate innovative land planning techniques to ensure multi -modal access and contextual compatibility of design. Coupled with the historic preservation and open space protection commitments of the original rezoning, these design measures will ensure that inclusion of the subject area with the Crosspointe Center project will result in a better model of development for Frederick County. 2. Cultural Resources: No resources of potential significance have been identified on the acreage subject to this CPPA request. However, the Crosspointe Center project provides for historic preservation by establishing and inter -connected system of historic parks and open spaces that will facilitate public interpretation of unique Civil War fortifications and the historic Hilandale House. 3. Economic Development: The 52.10 acre site is intended to be developed with residential uses that will contribute to the synergy of uses anticipated through the Crosspointe Center project. The residential component of the project will directly promote the vitality of the substantial commercial component, which will consist of approximately one million square feet of leasable floor area. The success of the commercial component of Crosspointe Center will provide significant economic benefits to Frederick County. 4. Environment: In addition to serving as the current UDA boundary, Hoge Run establishes the southern boundary of the 5 1. 10 acre area subject to this CPPA request. The SFLUP identifies areas immediately adjacent to this water feature as environmentally constrained, indicating the need for protection through subsequent land use actions. Protection of this stream channel as well as other riparian systems will be a key objective of any rezoning application submitted for this acreage. 5. Fire and Rescue: Any impact to County fire and rescue services will be mitigated through an appropriate proffer in accordance with the County's Fiscal Impact Model. 6. Housing: The site would be developed with a mix of housing types intended to complement the residential development planned elsewhere in Crosspointe Center. The development of the site with a mix of housing types will provide a unique choice for homebuyers in Frederick County given its proximity to a planned commercial node offering opportunities for employment, shopping and entertainment, resulting in a more dynamic environment. 7. Land Use: The subject acreage is currently wooded. The feasibility of economically viable agriculture on this site is very low. The site's adjacency to land comprising Crosspointe Center, the availability of public sewer and water facilities and its designation for future development by the SFLUP indicates that its addition to the UDA would be both logical and timely. 8. Libraries: A component of any rezoning for the site will be a cash proffer for the improvement of the County library system. 9. Parks and Open Space: A future rezoning for this property will include a component for a cash proffer to aid the Parks and Recreation Department. Riparian buffers along Hoge Run will provide opportunities for trails and park that will be integrated with the system proffered with the original Crosspointe Center rezoning. 10. Potable Water: The property would be served by the Frederick County Sanitation Authority (FCSA) by way of infrastructure provided by the applicant as part of the rezoning application. The existing water distribution, storage and supply is adequate to service development of the subject acreage. The 20" primary water distribution main from the Diehl Water Plant passes through this site en route to distribution to both the Abrams Creek and Fort Collier/Stonewall Industrial Park areas of Frederick County. Moreover, a one-half million gallon elevated water storage tank located southwest of the site. 11. Schools: Any impacts to the County school system will be appropriately addressed by proffer during the rezoning phase of the project in accordance with the County's Fiscal Impact Model. 12. Sewer: The property would be serviced by the Frederick County Sanitation Authority by way of infrastructure provided by the applicant as part of a rezoning application. Sewer service for the subject acreage would be provided by an 18" gravity interceptor line that follows the path of Hoge Run. This line continues to Opequon Creek and ultimately to the Parkins Mill Wastewater Treatment Facility. 13. Telecommunications: There are no impacts to telecommunication structures or service associated with this project. 14. Transportation: The proffered transportation program for Crosspointe Center provides for the right of way and construction of Warrior Drive to the north project boundary formed by Hoge Run. Inclusion of the subject area within the UDA and subsequent rezoning approval would provide for the continuation of this important regional road improvement throught the 5 2. 10 acre area. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to involved Comprehensive Policy Plan amendment requests. See signatures on next page. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): r " ` `" Date: -5— Z,2 CSC Owner(s): s' .� �� _, c C �_.. ,_...�, -�.Y �,,, Date: .S- lo;? J' A1 Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 54-665-5651 Facsimile 54-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This 26th day of May , 2006. (Owner) Hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. ((Owl/Contract Purchaser/Authorized Agent) (Circle one) COMMONWEALTH OF VIRGINIA County of oQ Subscribed and sworn to before me this o -p day of o_x 1 o� Q 0 in my County and State aforesaid, by the aforenamed Principal. - (Notary Public) My Commission expires: -1' -)' � \ O 6 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Crosspointe _(Phone) 540.539.1960 (Address) PO Box 888 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: '141 Lot: Block: X Section: 75 Subdivision: do hereby make, constitute and appoint: (Name) PHRA• Ron Mislowsky, Chuck Maddox Patrick Sowers, Tom Price, Tom Paquelet John Callow (Phone)540.667.2139 (Address) 117E Piccadilly Street Winchester VA 22601 to act as my true and lawful attorney-in-fact for an in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: - Rezoning (including proffers) - Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan X Comprehensive Policy Plan Amendment My attorney -in -face shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this ay day of 200. Signature(s) �- QQ' X2.10 e State of Virginia,-Git-y/County of �,�-��\L , To -wit: I, Ov-\, V—C, (L- fx__\Cs �� �-- , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this �� day of Mcg: , 200 a_v_e�L �(1as My Commission Expires: Notary Public Crosspointe Center Adjoining Property Owners Parcel ID Number Owners Zone Land Use 63 A 116 John C. Jr. And Francis RA Agriculture Russell 75 A 93 Paul M. Halden Jr. Trust RA Agriculture C/O First Bank Trust, Division 64 A 24 Paul M. Halden Jr. Trust RA Agriculture C/O First Bank Trust, Division 76 A 13 W. P. Artrip Jr. RA Agriculture 75 A 99 A Winchester Artrip, LLC RA Vacant 75 A 97 Steve Dubrueler RA Vacant 75G 54B 136A N/A RP Vacant 75G 54B 135A N/A RP Vacant 75G 7 6 165 A N/A RP Open Space 75G 7 6 173 A N/A RP Open Space 75G 7 6 193A N/A RP Open Space 75G 6 5 189A N/A RP Open Space 75 A 84 Coreen M. Daily RA Residential 75 A 88 Andy C. Cornejo-Rivera RA Residential Silvia V. Guilleu 7541 Brubaker Enterprises, Ltd PR B2 Coinmerial 63 2 A Shenandoah Gas Company RA Ind. Office 63 2 B Hamman Investment Co. Inc. M1 Ind. Office OMIL'Al ROAM I•_Lw' , tmi PAi1CRi. Yz 't i1• �� A1O-3d¢-- 67 . 3• I�a��lyyy\\\� 4ez•iP6 • \ xwlc.nuesa�.ln.cT,u>< � �� 0.p, 0a1 M,11/ Om -- .'pitw �tue IMP, I¢F.:11CM DCA FOUND lHS."limm t�v9 t • It W 1'ttpPQitY OEINIGATOD 6YT}161'tAT t9 S`OIVN W fl{SOO C¢ OOUNTYTAI AlAP79 Nip IB IOEN71FIFb Ap PMpEIB ASANP at. 9. E eL6Nflb7IR'jtiiiA!{I My jLXMT' . AtlFn TA t n n 8TEp7ELulIB PARCEL, SR.DARSp AORRB 11191E¢Y ¢RRiiFY 7NAT 746 pCUtipAILY INFdTMAl1ON AIIQA'ttNEiF:Otiq BA7Ep UPON AN ACTUALFIEI ACiiVEYIUAbL tNDCn PA CEI O{.80.1.Dgd6 ACR6 fF1 MY 6'UMpNN;qN AND THRDMADE NO monL7A0}NEINB OAYISISIS EASENENiS UtGSag OT Afl 7 AMTS aml �DaW lAs C. t87m., i1 S, VA. nEf4NFgATg RIO. I I a7 DD¢NDAAT auAVE7 9C¢ 0 Yilb¢tl {V, ell((pT ¢aapCl ¢le a, 1nP. OP TNa LAND of I'.9Do• 01.kIZE DBYELOPMHNTS, INC, she &7me.r, • Innd Itmnon aurvelul , ailAF:iii AlAoia7D11AL DIaTRlei I. inancr6n ntn tt lnil a..�w Nnn u,ntµ,o islet YARD/AICC WitirY, VIPCINIA O( nNut4•tN t4aK,,;,bmm u7u Ucn ulau4 NOYAMM i7, list j r �� � �' �'. • 11.1 • ♦ � • 2006 k,COMP E E NSI VE PO�,ICY ]PLAN AMENDMENT CRO S"',SPOINTE CENTER June 1, 2006 Patton HSrrla Rust & Asu®clates, Engineers. Surveyors Plonners Landscape Architects. ///��� P- -j{_ J'� 117 East Piccodilly Street Winchester, 22601 � d a 21 T 540-667-2139 .(h�t'�il F 540-665-0493 FIGURE, 2 NO SCALE JUNE 2006 P.H., H ... 1. Rust & A. ­' 1, - CC,05 33,p iI2 to Cel -i E,g�— P1 ... � Lcn.—. lff-f FREDERICK COUNTY, VIRGINIA EXISTING'C'ONDMONS FIGURE, 2 NO SCALE JUNE 2006 R T'STDUA LARE , OF UDi & S 4V .111 52.10 ACRES a ^ r1ai;� ry� r4 �4 X5 IST SID N'TIM. R.I' NUMFR-CIAL A-2, pC p X� r r. u i'I,til. - I3I' PEf-tat it it rac ti °t a. 37 .L. It.r�-a, lig., R SIDT?NTIA1,RI' RESIDENTIAL R.P I C'It t f ,• �14 14 .3i-R0;r l � N vm". ah ,a ��., e A,.o e, ' F' a rr• ,p VIGURI? 3 6. e PWA i� oaa aa. z� �ss� FREDERICK COUNTY, VIRGINIA l t . ow-eae-e•so NO SCALE JUNE 2006 PROPOSED UDA ADDITION c� 4 111-1 \SLC I y IIESIDENTLAL - RP \ 111 04 ACIIL's PLI �sL �ZESIDENI°d L -RP 19 SO :ACRF_S ''v RESIDENTLU,RP v �J ® 20 all \Cltrs �� r � 1?1-1.\5E I ,NL\lERCL -L B-2 30,I6ACR 1S / I n . _kL - RP I's vm l 1 TIASE' i COMNfERQLNL B-2 46 00 ACRESa 1. III -I.\SF 111 - COMMERML B-2 c3 P�o \® C MMERCUL .B-2 •PI-I:\SE�II Vs, -:.. i'lL:a8L11 �,"1Ly' �C. Id.6'?.1CIiI-:S =, RESIDEN"TIt1.I, - Rt 3-7 RESIDENTIAL -RP 55911 \CRCs ti A 46.74 A1C RLS .. . p11.a;;is 111 / _` _"' �..�•,T„�, _ ._...._- COMiN'fERCL-�L B, 16.89:\CITES , • �'I-IASE IIT, � ' RESIDENTIAL - RP 77.14.\GRITS AL AREA E OF UD A RES P nrfen Harris Nuar B Adaoclelosrpc Enginaara Suraaydrs Planners fond cape archilecia 1�HR-A w Center FREDERICK COUNTY, VIRGINIA PROPOSED UDA ADDITION r FIGUR.I:4 NO SCALE JUNE 2006 #02-016 HUNTSBERRY ESTATE I MI -6,11 I ;ria COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: I. Name: Charles William Huntsberry 2. Project Name: Huntsberry Estate 3. Mailing Address: P.O. Box 2298 Winchester VA 22604 4. Telephone Number: 540-869-1870 Authorized Agent Information: 1. Name: Patton Harris Rust & Associates 2. Project Name: Huntsberry Estate 3. Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 4. Telephone Number: 540-667-2139 B. Legal interest in the property affected or reason for the request: Reason: 2003 Change in Comprehensive Policy Plan removed the site from the UDA and SWSA C. Proposed Comprehensive Policy Plan amendment — please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): 55-A-3 & 55-A-4 Magisterial District: Stonewall b. Parcel size (approximate acres): 240 Acres C. Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): Rural Areas and Historic Preservation C. Proposed Comprehensive Plan lane use classification(s): Residential and Historic Preservation f. Existing zoning and land use of the subject parcel: RA (Rural Areas) — Vacant g. What use/zoning will be requested if amendment is approved? RP (Residential Performance) h. Describe, using text and maps as necessary, the existing zoning, C Comprehensive Policy Plan designations, and/or approved used and densities along with other characteristics of properties that are within: • %4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size • % mile if 21-100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. The name, mailing address, and parcel number of all property owners within 200 feet of the subject parcel(s), with Adjacent Property Owners Affidavit (page 7). 2. FOR A TEXT AMENDMENT -Not Applicable a. Purpose and intent of amendment. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. C. Proposed new or revised text. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. f. What level of service impacts, if any, are associated with the request? 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The 240 acres owned by Huntsberry Estate were partially included within the UDA until August 13, 2003 when boundaries were shifted in order to bring the Stephenson Village R-4 project into the UDA and SWSA. This action came as a consolidation of several different land us plans which were reviewed at the public hearings. The consolidation plan removed the Huntsberry tract from the UDA contrary to every alternative presented at the public hearings. A protest was filed with the Board of Supervisors at the Januar 2y 004 public hearing prior to the adoption of the consolidation plan changes. It was indicated at the January meeting that the Huntsberry Estate would request correction of the removal from the UDA which is the purpose of this application. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public Facilities. 1. Community Design: The Huntsberry tract is located in close proximity to the Stephenson Village project and represents a logical extension of the UDA and SWSA. Additionally, the plan to relocate Redbud Road to a new Stephenson Village entrance road will allow capacity for the increased traffic resulting from land use changes at Huntsberry This connection has further solidified by the approved North Stephenson rezoning which provides for the right of way needed to connect Redbud Road to Stephenson Village entrance road. Proper design will provide a connection between Stephenson Village and the current and future urban housing that prevails along Route 7 while realizing the importance of the Third Battle of Winchester Site. The Huntsberry Estate has the ability to create a unique piece of the County's urban fabric which recognizes both the importance of historic sites and the need for urban housing stock to quell growth pressures on rural areas. 2. Cultural Resources: The southernmost portion of the Huntsberry Estate is a logical addition to the Third Battle of Winchester memorial site which was purchased for battlefield preservation. The owners insist that this portion of the property should be a part of the battlefield memorial site and intend to make this land, approximately 70 acres in size, available at no cost as part of a proffered petition to rezone the property at a future date. This addition would help to preserve the integrity of an important cultural resource. 3. Economic Development: The 240 acre site is intended to be developed with residential uses. Any impacts created by residential development at the site would be mitigated with appropriate proffers. 4. Environment: Redbud Run traverses the southern half of the property. Protection of this stream channel as well as other riparian systems will be a key objective of any rezoning application submitted for Huntsberry Estate. 5. Fire and Rescue: Any impact to County fire and rescue services will be mitigated through an appropriate proffer in accordance with the County's Fiscal Impact Model. 6. Housing-: A lower density housing type would serve as a transitional area between the preserved battlefield site and the higher intensity uses proposed in the Stephenson Village project. 7. Land Use: The majority of the site is currently vacant or wooded. The feasibility of economically viable agriculture on this site is very low. The site's proximity to other residentially zoned tracts, sewer and water facilities and other properties comprehensively planned for development provides for a logical addition to the County's land use plan for residential development. 8. Libraries: A component of any rezoning for the site will be a cash proffer for the improvement of the County library system. 9. Parks and Open Space: A future rezoning for this property will include a component for a cash proffer to aid the Parks and Recreation Department. Additionally, buffers along Redbud Run and the battlefield preservation area provide opportunities for trails and parks. 10. Potable Water: The site is easily served by connection to the FCSA transmission main that traverses I-81 at the CSX crossing. This will allow further looping of the distribution system across the North Stephenson site and into Stephenson Village to promote system redundancy. 11. Schools: Any impacts to the County school system will be appropriately addressed by proffer during the rezoning phase of this project in accordance with the County's Fiscal Impact Model. 12. Sewer: The property would be served by the Frederick County Sanitation Authority by way of infrastructure provided by the applicant as part of a rezoning application. Sewer is available at Redbud Road near the electric substation by way of Stephenson and Rest Church system extensions which cross Interstate 81 and access the Red Bud Run pump station near the Fort Collier Industrial park. At this point, a connection to sewer is 3,000 feet away from the subject site. 13. Telecommunications: There are no impacts to telecommunication structures or service associated with this project. 14. Transportation: As previously noted, the timing of any rezoning of the subject site would be coordinated with the improvements of the various systems identified by the Stephenson Village and North Stephenson projects where Redbud Road would be relocated, ensuring access to Route 1 despite the major improvements planned for Interstate 81. Any rezoning application for the Huntsberry tract would include a complete TIA and associated proffers to ensure all transportation issues for the site are adequately addressed. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to involved Comprehensive Policy Plan amendment requests. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. dPj?de Applicant(s): Date: Owner(s): Date: `a'(x Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 54-665-5651 Facsimile 54-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This 26t' day of May , 2006. (Owner) — Hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. (Owner Contract Purchaser/Authoriz d Agent) (Circle one) COMMONWEALTH OF VIRGINIA County of rig ► (A - Subscribed and sworn to before me this qday of O O in my County and State aforesaid, by the aforenamed Principal. (Notary Public) My Commission expires: rI 13 k ` © 6 Attachment 2 Special Limited Power of Attorney C- t of Frederirk� Virgiiylia a vuui� va Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Charles William Huntsberry (Phone) 540.869.1870 (Address) PO Box 2298 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) PHRA• Ron Mislowsky Chuck Maddox Patrick Sowers, Tom Price, Tom Paquelet John Callow (Phone)540.667.2139 (Address) 117E Piccadilly Street Winchester VA 22601 to act as my true and lawful attorney-in-fact for an in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: - Rezoning (including proffers) - Conditional Use Permits - Master Development Plan (Preliminary and Final) - Subdivision - Site Plan X Comprehensive Policy Plan Amendment My attorney -in -face shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this a 6 day of __P)gy , 20C Signature(s) State of Virginia,-C-i+y/County of To -wit: I, � n, vf, E, vy-1 U, Ic �_' , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this �(9 day of \c,,�� , 200 �. My Commission Expires: Notary Public Huntsberry Estate ADJOINING OWNERS TAX ID NO. NAME ADDRESS ZONE USE 43-A-157 Ruth B. McBride 506 Red Bud Road RA Residential Winchester, VA 22603 43-A-159 R &J Land 1631 Red Bud Road RA Vacant Development, Winchester, VA 22603 LLC 43 -A -159A Janis Marie Kirby 541 Red Bud Road RA Residential Winchester, VA 22603 44-A-27 MBC, LLC 333 Wood Avenue RA Vacant Winchester, VA 22601 44-A-28 Donna W. & 1888 Marquis Court RA Residential Donald M. Winchester, VA 22603 Werdebau h 44-A-281 Voight G. & 300 Marquis Court RA Residential Bonnie L. Miller Winchester, VA 22603 44D-1-1 Gary & Judith 777 Red Bud Road RA Vacant Wastler Winchester, VA 22603 44D-1-2 Gary & Judith 777 Red Bud Road RA Residential Wastler Winchester, VA 22603 44D-2-3 Cornelius & Nella 767 Red Bud Road RA Residential Woodard Winchester, VA 22603 44D-2-4 Doris G. 757 Red Bud Road RA Residential Anderson Winchester, VA 22603 44D-2-5 Ron & Linda 747 Red Bud Road RA Residential Snapp..Winchester, VA 22603 44D-2-6 Charles I. Willis 735 Red Bud Road RA Residential Winchester, VA 22603 44D-3-7 Big O Partnership 1811 Martinsburg Pike RA Residential Winchester, VA 22603 44D-3-8 Big O Partnership 1811 Martinsburg Pike RA Vacant Winchester, VA 22603 54-A-88 Association for 305 Charlotte Street RP Vacant the Preservation Fredericksburg, VA 22401 of Civil War Sites 55-A-1 James Robert Culp 795 Red Bud Road RA Residential Winchester, VA 22603 55 -A -1A Gary & Judith 777 Red Bud Road RA Vacant Wastler Winchester, VA 22603 55-A-2 Ress Properties, 168 Quaker Lane RA Vacant LLC Winchester, VA 22603 55-A-5 Kevin L. Herring 962 Red Bud Road RA Residential Winchester, VA 22603 55 -A -5A Stacy Alan 898 Red Bud Road RA Residential Herring Winchester, VA 22603 55.A -5B Vera J. Herring 896 Red Bud Road RA Residential Winchester, VA 22603 55 -A -5C Stacy Alan 898 Red Bud Road RA Vacant Herring Winchester, VA 22603 55 -A-5D Kevin L. Herring 962 Red Bud Road RA Residential Wincester, VA 22603 55-A-6 Joseph F. Hulver, 1023 Red Bud Road RA Residential it. Winchester, VA 22603 of N`TSRERRY E:sl�rtkTEHiJ June 1, 2006 Patton KaerITI Rust & Assoclatas, Engineers. Surveyors. Planners. Landscape Architects. {, 117 East Piccadilly Street !1 l� _•� 1 Winchester, VA 22601 Itlt_ p L_ T540-667-2139 7� K 540-665-0493 .t N`TSRERRY E:sl�rtkTEHiJ June 1, 2006 Patton KaerITI Rust & Assoclatas, Engineers. Surveyors. Planners. Landscape Architects. {, 117 East Piccadilly Street !1 l� _•� 1 Winchester, VA 22601 Itlt_ p L_ T540-667-2139 7� K 540-665-0493 PLAA FREDERICK COUNTY, VIRGINIA EXISTING CONDITIONS / / N�O IIALLE JUNE 2006 Ji PLAA FREDERICK COUNTY, VIRGINIA EXISTING CONDITIONS / / N�O IIALLE JUNE 2006 r � . I ��s* cE Y •tt ar �pr yi '. r y !< rL+ i :Ih,f t i. w `�ry��I.�� iK boa r yr�w rup� til �'°� .t�s+� y ♦ �'°� r 1r° q�///I�r y►'�"° 1 M.111Y7r71rr1 - Alrrrrrru�ar^- Lifil//f►v`�rys:z" y°�xr. LEGEND M-1 INDUSIR[AL.,7.IG1-CPDISPRIC'f N4-2INDUS,"MAL, GE -NERAL DISTRICT Nil1-1h1011111'. I fOME: COMMUNITY DISTRICT MS MEDICAL SIRV1CfisS J75"f"RIC'1' R-5 itl;SIDENTIrAL, Ii CIZiSr1110NAL C0NfN4JN"I Y RA lZURAL AIW A DISTRICT RP RFSIDENTIAI, PF.RFORN ANLL DISTRICT R -d RESIDEN'T'IAL, PLANN1 D COMMUNITY DISTRICT FIGURE 2 NO SCALE JUNE 2006 SUBJECT AREA isXIS'1'ING SI --`,WLR AND WA'l'FIR Sh:RV10E AREA I.YISTING SEWER AND WATER SERVICEAREA wwj B-1 IlU57NES5, NETGI-IIiORI-IUUD DLS'I'RJCI' B-2 BUSINESS, GENERAL, DISTRICT B-3 INDUSCRIALTRANSI'FION DISTRICT Ir,NI kXTRACTINT MANUFACTURING DISTRICT' III,;, 1-IlGl-1EI; IiDUCA'1"ION D15'I'RICI M-1 INDUSIR[AL.,7.IG1-CPDISPRIC'f N4-2INDUS,"MAL, GE -NERAL DISTRICT Nil1-1h1011111'. I fOME: COMMUNITY DISTRICT MS MEDICAL SIRV1CfisS J75"f"RIC'1' R-5 itl;SIDENTIrAL, Ii CIZiSr1110NAL C0NfN4JN"I Y RA lZURAL AIW A DISTRICT RP RFSIDENTIAI, PF.RFORN ANLL DISTRICT R -d RESIDEN'T'IAL, PLANN1 D COMMUNITY DISTRICT FIGURE 2 NO SCALE JUNE 2006 ��` / fir �,• � �.`, 1 �,. ! _. . i '. y � ." ,fir �`� '•: le f� LEGEND SUBxCI' Aizr A M-I INDUSTRIAL, LIGHT DISTRICT PROPOSED SME3R AND WATI IZ SERVICE AREA � ____) M-2 INDUS URAL, GE'N11RAl- DNTRICI' PROPOSED SF.WER AND WATER SERVICE AREA M1-1-1 \4OBiLE 1-IC)Mli COMMUNITY DISTRICT' Y B-I BUSINESS, NEIGI IBOIZl1OOD DISTRICT Po45 A11iD1CA1. S1aIVU;IZS DIS'31tU;7' @.•� B-2 BUSINESS, GENT RAL DISTRICT —� R-5 RLSIDL;NTIAL, RECREATIONAL CONI IUNCI'Y B-3 [NDUS'lltL3L,'I'llj1NS1'I'ION DISTRICT RA RURAL, ARBA DIti1'RK."T LIFT L'.XTIZACTTVE MANUFACTURING DISTRIC=T � RP RkSll)1:NTIAL PISRPORNIANCE DISFIUCT �_ I [I I IIGNER EDUCATION DISTRICT R-4 RkSIDE;N`I'IAI, i'LANNI:D COINIMUNLI'Y DiSTIt1Cl' FIGURE 3 n Herri: Ru:l 6 A-.aa cotaorOc 1t������ei',�c�sl������•�f� [e�ncxc Surppre Planned. LanGccopc AcHikcls, ' 1- LIZ I \ s n_�os��a�a �ao� e. FREDERICK COUNT/, VIRGINIA 1 r sw-cas-ae�.ei NO SCALE JUNE 2006 PROPOSED SWSA & UDA BOUNDARTEJ L FPIIPn HPr:la Pust E A9sPGl afoa�P< Ulf]---FFF e' .ic-1-: ts / state Enpine-✓o Srveywa. warmers. �anJscop< A:cnittti�/1 I"r.) A r .66'w<�a'ePY�� FREDERICK COUNTY, VIRGINIA 1`/\ suo sa-scs aw ,AND USE PLAN 4 LEGEND � rc�s•tr1: Acuiculitiral ON f' - "fir/' sLtbd��^l-at�ara. .. r • 14Yitf� It..i i :l rr�: :� �Hitf3 Ir gShui.;•.r•..• c,urr t � tir )9[.. RI' j l I pil NO SCALE JUNE 2006 L- 1� 1-1 Y I l )I y FIGURE, 5 Engineers Surveyors Planners- LynExay¢ ArMitecls Q/+% I� G IA fRA _. 1111 FREDERICK COUNTY, VIRGINIA y NO SCALE JUNE 2006 ORIGINAL UDA FROM 2001 4ki A 111 NI'l- z;,r n 4 -Too P-lim -W�=I Ili �' I � 11 J �. '.,..._- 0 4ki A 111 NI'l- z;,r n L S FIGURI': 6 FREDERICK COUNTY, VIRGINIA A IR NO SCALE JUNE 2006 REVISED AUGUST 2003 UDA 4 L S FIGURI': 6 FREDERICK COUNTY, VIRGINIA A IR NO SCALE JUNE 2006 REVISED AUGUST 2003 UDA nun..tunru rnrnnr.n.rnnunnnnnrI r@nn 111rit1t11ptl line lit? r1 rt 11ngt111111r It1111111111111 Itrf'1tltl It fill '11111117111 to 111, "'t s Will and of of probate f1 - r C. E. IIuntnborry,doOd. ' 1111!t❑11r1?In1,1111111111u1111u11ttu111111111tit11 I t 'v { I, C.E. Huntsberry 'of Winchester,Virg;inia, being; of sound mind, do make this ny last will and testamont,"hereby revoking all former wills made by me. FIRST: I Sive and devise to my wife, Virginia L. Huntsborry, all of my . real cztato, wherever situated, to have, hold and control the same for and durinc, the period of her natural life. also sive to my said wife, absolutely, all my household effects. SECOUD: Upon the death of my wife, I devise my property situated at l:os 155 and 157 North Loudoun Street, �iinchester, VirCinia, which extends frotr_ the street to the alley, and which I now occupy as a dwelling and store room, to my two grandsons, Edward Rhodes Huntsberry and Charles William 11untsborry, uifujcet however, to this provision, that my son, halter E. IIuntsberry shall have a one- third undiYrided interest in said property as long as he lives; at his death to bass absolutely to my said two grandsons. They to take said property subject to any liens thereon. THIRD: Unon tho death of my wife I give and devise my proporty No. 153, North Loudoun Street, now occupied by the Rational Parlc Restaurant and which extends from the street to the alley, to ty three grandchildren, Walter Abner Huntsberry, Virginia Ann Huntsborry and Martr I.atherine Huntsborry, absolutely, _h re and share alike; they to take it subject to any liens thereon. k'01IRTIl; I rive and devise by two tracts of land situated in the north- western porton of Frederick County, Virginia, about seven miles from Vlinrhestcr, the nne tract containing seven (7) acres, more or less, and the other thirty-six (36) acres, moro or loss, adjoining the lands formerly ormed by David Barrott and, lying al. -Mg the Mountain road and Racoburg Road to my son, :+alter E. Ifuntsborry, and his three sons, namely, Ldwaed Rhodes Huntsberry, Halter Abner IIuntsberry, and Cliarles V111liam Ihzntsberry, absolutely, share and share alike, they to tale subject to any liens the=reon. FIFTH: I give and devise my farm knorm as Locust Level, contair,in;; abc;ist two hundred and forty eight (343) acres, situated in Fredoridlc County, Virrir_la, about four miles northeast of Winchester, adjoining ono lar.us of Logan_ H. Fay and George I.'illor, and lying; along; both sides of the Red Duda Road, to my son, (Signed) C. 1:. I1untsborry) Walter E. IIuntsberry, and my three grandsons, Edward Rhodos Huntsberry, halter Abner IIuntsberry, and .Charles William Iluntsborry, jointly for life and upon the death of any of theta then to pass to the survivors, and upon the death of the lest survivor, then to pass absolutely to the children of the said Edward Rhodes Htuntsbcrry, Walter Abner IIuntsberry and Charles William IIuntsberry vrho may be livinE_ at that time. SIXTII As to ihy stock of goods in store room No. 157 Ilorth Loudoun Street, I give and bequeath the same; (share and share aliho, to my son, I'/alter E. :Iuntst,orrlr and his two sons, Edward Rhodos IIuntsberry and Charles Williata tlzev to take sd1d stock of c-oods sub lect to ani° c cbts SEVEIMI: All of the live stock and all farming implements of every hind and description on Locust Levol farm I direct to Tema' horoon and to be replaced where needed until the death of my wife, and upon her death to pass 4 absolutely to my said son, V+alter L. Huntsberry and his sons, Ecr:ard Rhodes lluntsbci'ry halter Abner Huntsberry and Charles ��illiam Iluntsberry, The said personal property. ,i to bo managed and controlled by my wife as lnng as she lives. i B=v1iTH; I direct my Exocutors hereinafter namod to collect all evidences my death as can conveniently be done ar.d to apply of debt duo to no as soon after. V t'.le sane and all moneys vrhich I may have on hand to the payment of my lawful debts Land funeral esponses. Ninth: I appoint my son, Walter c. Huntsberry and my grandson, Edward i Rhodes I1untsberry as my Executors, Iwithout security. I1+ TESTZ'•OII'' �II?::REOF, I hereto affix my hand and seal to this my last will 10 ts of paper, I signing both shoots, in the and testament written on two shooI presence of the subscribing witnesses this 3rd day of 1larch,�932. C. E. Iiuntsberry(SEAL) Signed, sealed, published and declared by the testator, C. E. Huntsberr,r is last will and testament, in our p recenco and vie; beim of sound m nd, as and for h in ;:1s ;xccenco, at his request, and in presence of ouch other (all being present together), have subscribed our namoo as w'_t:nessos thereto this 3rd da;; of 1.1arch 1952. I:1. 1�1. Lynch Margaret I.elchner, In the Clorlcin Office of the Corporation Court for the city of Vllnchester,; :ir inia, on the 10th dry of yarch,1937, the following orc_er was entered. A rriting, bearing date on the 3rd clay of ilareh,1932, purporting to be the, trao last w'_11. and testament of C. u'. 11unt3borry, deceased, was prods:ced before thd? Clerk, and it being proved by the oaths of Li. Irl. Lynch and Margaret i.elchner, f suUscribing witnesses thereto, that C. E. Iiuntsberry, had signed sr_id paper ill in their presf:nce,_they being both prennnt at the same timo, as and for his last w and that at 1_13 roc]uest, they had sic71ed the -ral-o as attesting witt:osses thereto in•.} his presence and in tl.e presence of each other, and that said testator was ut the date of said trill of sound mind and disposing m emory , itis ordered that the said n na,ier be a(h-litted to probate as and for the true last will and testnmont of C. L. Huntsberry and it is ordered to be recorded. And on Cho motion of Walter L. lIuntsUdxry and La. R, Hu.ntsborry, the executors named therein, it is orc:orod that they be appoir Lod ' E:cec;:tors of s .id will and the penalty of Choir official bond us st:ch Jr. fixed at til "d,20,000. rlheroupon they qualified by taking, the proscribed onth and entoriny; into bond w1thout security as requested in will, conditioned upon the faithful dischargo of their duties as said Lxecutors. And on their further motion it is ordered that Solenbcrgor, and C. Vernon Eddy' J. II. Yost, John M. "ishpaw, Frank Gearing,Anse1.B. , _ H be appointed appraisers of, said estate, . any threo or more of whom may act. Deputy Clerk. e — .111.3 FIawl&lffio 85 A "OFESNONIL [ORIGRAnO, QUITCLAIM DEED k oT�' THIS QUITCLAIM DEED, made and dated this 2�day }, 1991, by and between JAMES D. SHOCKEY, JR., EXECUTOR OF THE ESTATE: OF JAMES D. SHOCKEY, DECEASED, Grantor, and JAMES W. HUNTSBERRY, Grantee. WHEREAS, Grantor is the Executor of the Estate of James D. Shockey, Deceased, duly qualified and acting under the authority, of his qualification before the Circuit Court of the City of Winchester, Virginia, on the 14th day of December, 1990; and WHEREAS, the Decedent, James D. Shockey, acquired from the Trustee in the bankruptcy of the Estate of James W. Huntsberry a contingent interest in and to some 248 acres, more or less, situate on the Red Bud Road in Stonewall Magisterial District, Frederick County, Virginia, subject to the Life Estate of C. W. Huntsberry in said land, all by virtue of an Indenture made and dated the 16th of October, 1970, and recorded in Deed Book 370, Page 161, in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, James D. Shockey paid $137.55 total costs for said interest, the value of which with interest at 10% per annum from that date is worth less than $500.00; and WHEREAS, demand has been made by James W. Huntsberry for conveyance of said interest on the grounds that said asset was improperly included as an asset of the bankrupt Estate of James W. Huntsberry, and was thus improperly conveyed, and further that the arrangement by which it was acquired amounted to a constructive trust, or an actual trust, in which James D. Shockey held the same as Trustee for the benefit of James W. 3untsberry; and WHEREAS, the Grantor is willing to convey the Cnterest of the Estate of James D. Shockey, Deceased to C zd&ihOm s W MIONNi CONPQ"TION Grantee, but only on condition that the Estate be reimbursed for all amounts advanced for the protection of said interest, and upon Grantee's agreement to save Grantor and the Estate of James D. Shockey harmless from any and all liability or claims by any parties who might make a claim against the Grantor for r=' having made this conveyance. NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Five Hundred Dollars ($500.00), cash in hand paid simultaneously herewith, the Grantor does hereby remise, remit and quitclaim unto the Grantee, his heirs and assigns forever, any and all interest in and to that certain lot or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, containing Two Hundred Forty -Eight (248) acres, more or less, situate on the Red Bud Road in Stonewall Magisterial District, Frederick County, Virginia, being all of the interest in said land conveyed to James D. Shockey by Indenture, made and dated the 16th day of October, 1970, and recorded in the aforesaid Clerk's Office in Deed Book 370, at Page 161. This conveyance is intended to transfer all right, title and interest in said land held by the Grantor by virtue of his Executorship. Grantee, as evidenced by his execution of this document, does hereby waive and relinquish any and all claim that he has had prior hereto and through this date against the Estate of James D. Shockey, Deceased, relative to such interest in the land conveyed hereby agrees hereafter to forever indemnify, protect, defend, and save harmless the Grantor and the Estate of James D. Shockey, Deceased from any and all liability to himself, to C. W. Huntsberry, to any Trustee in Bankruptcy, to any court, or taxing authority, LNC\SNOC"Y.QCD -2- 05/23/41 {ice&Thomas ♦ wbI[fS�0u11� COwnONwiigH local, state, or federal, arising from the transfer by Indenture previously recited in Deed Book 370, at Page 161 of the aforesaid Clerk's Office from the holding by Decedent of the same, and from any liability to any other party who may claim any interest herein by virtue of a joint tenancy, tenancy in common, tenancy by partnership, or otherwise which might result because of, or arising from, this conveyance. r Liabilities indemnified against shall include, but are not limited to, any and all income tax, gift tax, estate tax, real estate tax, conveyancing tax, or any other taxes, if any, which could apply to the interest received, held, and hereby reconveyed to Grantee. The parties by the execution hereof do acknowledge that demand has been made of the Grantor by the Grantee to make the conveyance by claim of right in said property, and the Grantee asserts that he has always been entitled to the ownership of the property hereby quitclaimed, and that this conveyance is solely for the purpose of clearing the title to said premises, and of reconveying any and all legal or equitable title at any time received by James D. Shockey as a result of the aforesaid Indenture instrument. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. FURTHER IN WITNESS WHEREOF, the Grantee has likewise set his hand and seal the day and year first above written, agreeing to the terms and conditions of said quitclaim in the form of the duty to indemnify the Grantor against any and all liabilities arising herefrom. LHC\SHOCHBY.QCD -3- 05/23/91 ESTATE OF JAMES D. SHOCK Y, ECEASED By: (SEAL) ES D. SHOCKEY, JR., EX OR (SEAL) JAMES "UNTSBERRY ` COMMONWEALTH OF VIRGINIA, AT -LARGE �J OF to -wits The foregoing instrument was acknowledged before me by James D. Shockey, Jr., Executor of the Estate of James D. Shockey, Deceased. Given under my hand this ay of , •i991:••, My Commission expires: Notary Public COMMONWEALTH OF//V'IRGINIA, AT -LARGE OF L{/,(/7 to -wit: The foregoing instrument was acknowledged before me 1by James W. Huntsberry. 1991. y . zel&Thomas M% ­At cueronerrox Given under my hand this ay of , My Commission expires: / Notary Public VIRGI'• I. ...-..,:.%.CK COUNTY, SCT. This instrument of writing was produced to the on 4vvi rtifica:_ of ek nowledgement thereto a axed ;c admitted to record. Ta imposed by See. 58.1-802 of -4— (; 6r0 lnd 53.1-801 have been paid, if assessable �iGac�`if/� -✓ , Clerk. -4- ILHC\9H0CABY.QCD 05/23/91 #03-06 NEWTOWN VILLAGE !, upn Long Range Plan (iInstitutional SwsA RuralCemmunityCanta Rsaoavon CPPA # 03 - 06 Road Network Residential Hlstari.l DSA N primary Roads ,00;��:,' Business ® Mixed- se Newtown Village /S,/ Seca. nary -IPlanned Roads <XXr Intl.I ® Unit pevelopmen: J Creattl by Frederick Gounly C, /Towns a !V'Temlery Roads UDA Expansion ( Pla�mns oepedme�t — -/'Wn.hestafDityReads 1:1-106 Residential azoo6 //Railroad 79.25 acres OPT -R-. 0.05 0,1 0.15 02 iJ�`// Futufe RT37 3ypass Miles COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: Newtown Village, LLC 2. Project Name: Newtown Village 3. Mailing Address: 270 Panorama Drive Winchester, VA 22603 4. Telephone Number: 540.539.1960 Authorized Agent Information: 1. Name: Patton Harris Rust & Associates 2. Project Name: Newtown Village 3. Mailing Address: 117 E. Picaddilly Street Winchester, VA 22601 4. Telephone Number: 540-667-2139 B. Legal interest in the property affected or reason for the request: Reason for request: A UDA and SWSA expansion around the subject site would allow for residential development to occur in a timely and well planned fashion with a currently proposed development adjacent to the Property in Stephens City. C. Proposed Comprehensive Policy Plan amendment — please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): 74-A-75 & 74-A-74 Magisterial District: Back Creek b. Parcel size (approximate acres): 79.25 Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): RA -Rural Areas - Agricultural C. Proposed Comprehensive Plan lane use classification(s): Residential f. Existing zoning and land use of the subject parcel: RA- Rural Areas g. What use/zoning will be requested if amendment is approved? RP - Residential Performance h. Describe, using text and maps as necessary, the existing zoning, C Comprehensive Policy Plan designations, and/or approved used and densities along with other characteristics of properties that are within: • I/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size • % mile if 21-100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. The name, mailing address, and parcel number of all property owners within 200 feet of the subject parcel(s), with Adjacent Property Owners Affidavit (page 7). 2. FOR A TEXT AMENDMENT -Not Applicable a. Purpose and intent of amendment. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. C. Proposed new or revised text. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. f. What level of service impacts, if any, are associated with the request? 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The parcel in question is located adjacent to a proposed mixed-use development within the boundaryophens City. The proposed amendment would allow for development of residential uses that compliment the proposed adjacent development to occur in a timely fashion. The inclusion of the parcel in the UDA and SWSA would allow for planned and phased development of the area. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public Facilities. 1. Community Design: By amending the UDA and SWSA to include the subject parcel, the site could be developed in a manner complimentary to the proposed mixed use development adjacent to the site in the Town of Stephens City. The proposed project would be planned to develop in a unified and phased manner that would mitigate any negative fiscal impacts and allow for an improved model of development for this area of Frederick County. 2. Cultural Resources: No resources of potential significance have been identified on the acreage subject to this CPPA request. 3. Economic Development: The 79.25 acre parcel is intended to be developed with residential uses that will contribute to the synergy of uses anticipated through adjacent development. 4. Environment: An existing stream traverses the site including drainage from limestone quarries. Appropriate riparian and flood plain protection would be included in any proffered development. 5. Fire and Rescue: Any impact to County fire and rescue services will be mitigated through an appropriate proffer in accordance with the County's Fiscal Impact Model. 6. Housing: The site would be developed with a mixture of housing types intended to compliment the proposed residential development in Stephens City. The site's development would provide a variety of housing choices and types for homeowners in Frederick County given its proximity to the proposed mixed use development south of the subject parcel. 7. Land Use: The subject acreage is currently farmed with some existing wooded areas. The feasibility of economically viable agriculture of the site is low. The site's location next to the proposed Russell -Stephens City project, the availability of public water and sewer facilities indicates that its addition to the UDA and SWSA would be good planning practice that lends towards an integrated approach as the project develops. 8. Libraries: A component of any rezoning for the site will be a cash proffer for improvements to the County library system. 9.Parks and Open Space: A future rezoning for this site will include a cash proffer to aid the Parks and Recreation Department. A component of that proffer would provide appropriate riparian buffers along the existing stream traversing the site and allow for a trail system to be integrated with any future development on adjacent parcels. 10. Potable Water: The property would be served by the FCSA (Frederick County Sanitary Authority) by way of existing water lines along the rear o the property and near the railroad tracks. 11. Schools: Any impacts to the County school system will be appropriately addressed by cash proffer during the rezoning phase of the project and in accordance with the Frederick County Fiscal Impact Model. 12.Sewer: The property would be serviced by the Frederick County Sanitation Authority and Frederick Winchester Service Authority by way of infrastructure provided by the applicant as part of any conditional rezoning application. Sewer service for the subject acreage would be provided by CGiuieCtloii t0 a piiiiip station on the aujat;ciit iesiuciivai project. 13. Telecommunications: There are no impacts to telecommunication structures or service associated with this parcel of property now or through future development. 14. Transportation: Impacts that would occur through future development would be appropriately mitigated through improvements to the existing roadway system in accordance with requirement of the Virginia Department of Transportation. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land Are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to involved Comprehensive Policy Plan amendment requests. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): j)Cwfow h V; 1 La 5 k) -C I'M V Owner(s): N c W Vi i r �-1,C /:lX.`i l.✓ NES"_� / // G.�rS �►' Date: S' a f-ae- Date: s' ' z f - 01 Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 54-665-5651 Facsimile 54-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This 26`h day of May , 2006. I, fi�w n U I& (Owner) /'k C. Herebymake oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. Ne cvA--kjr+ Ur I "e 4.1—L /%, Li (Owne Contract Purchaser/Authorize Agent) (Circle one) COMMONWEALTH OF VIRGINIA County of 72 Subscribed and sworn to before me this c2 IL of , .ZQO C in my County and State aforesaid, by the aforenanj2d'Pnripal. Public) My Commission expires: r -; Yl . 30 Af, ,.2,606 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Wel Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) 'Newtown Village LLC (Phone) 540.539.1960 (Address) Panorama Drive Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0--50003 12�,on Page 460 / , and is described as Parcel:Iy"'?s Lot: Block: A Section: `%'i Subdivision: do hereby make, constitute and appoint: (Name) PHRA• Ron Mislowsky, Chuck Maddox Patrick Sowers, Tom Price, Tom Paquelet John Callow (Phone)540.667.2139 (Address) 117E Piccadilly Street Wincbester, VA 22601 to act as my true and lawful attorney-in-fact for an in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan X Comprehensive Policy Plan Amendment My attorney -in -face shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows. C414-0 n V J I 41k C .1W_ 61) tl2lcanler— This er— This authorization shall expire one year from the day it is signed, or until it is oftherwi: rescinded or modified. A, In witness thereof, I (we) have hereto set my (our) hand and seal this c -21t day of 200(. . Signature(s) State of Virginia, City/County of �{:'�` , To -wit: I, , a Notary Public in and for the —2 juris iction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdi aforesaid th' _29/ day of !� , 200 G . My Commission Expires: ota Pu Newtown Village ADJOINING OWNERS TAX ID NO. NAME ADDRESS ZONING USE 75 A 25 Louise S. Brite et 124 Springdale Road RA Residential als Winchester, VA 22602 75 A 26 Gerald L. 2525 Sheridan Road RA Residential Wakefield and Bellevue, NE 68123 Clara Petrie 75 A 26B Ruth Allsbrook 2072 Stonewood Court RA Residential and Ann Petrie San Pedro, C.A. 90732 75 A 27A Ralph S. Gregory 164 Meadow Trace Drive RA Golf Middletown, VA 22645 Course 74 A 27 Ralph S. Gregory 164 Meadow Trace Drive RA Golf Middletown, VA 22645 Course 74 A 77 Newtown Village 270 Panarama Drive RA Residential LLC Winchester, VA 22603 74 A 51 Long Creek Farm 976 Springdale Road RA Agricultural Inc. Winchester, VA 22602 74 A 75A Long Creek Farre 976 Springdale Road RA Ae.cul-Laral Inc. Winchester, VA 22602 74 A 75B Assemblies of 576 Springdale Road RA Residential God Foundation Winchester, VA 22602 Trustees c/o Joseph Messick 74 A 55 J. Edward & 579 Springdale Road, RA Agricultural aures M. Messick Winchester, VA 22602 74 A 57 Pearl O. Hepler 5207 McCleod Road RA Residential c/o Eleanor L. Lumberton, NC 28358 He ler 74 A 73 Alberto and Mary 364 Springdale Road B2 Commerical Salcedo Winchester, VA 22602 74A 58 Judith E. Evans 400 Springdale Road RA Residential Winchester, VA 22602 r� A". 2006k,".-OMPREHENSIVE POLICY FLAN AMENDMENT N-LE"WTa�v VILIAGE June 1, 2006 Patter. Harris Rust 8 Ass®clatea® Engineers. Surveyors. Planners. Landscope Architects. � 117 East Piccadilly Street Winchester, VA 22601 _ $� T 540-667-2139 F 540-665-0493 1. A". 2006k,".-OMPREHENSIVE POLICY FLAN AMENDMENT N-LE"WTa�v VILIAGE June 1, 2006 Patter. Harris Rust 8 Ass®clatea® Engineers. Surveyors. Planners. Landscope Architects. � 117 East Piccadilly Street Winchester, VA 22601 _ $� T 540-667-2139 F 540-665-0493 Pvllon S mr Rust E —11pi c,Pc Ne Y,wta wn, j f 4�gt- Enpinvc.s Svrvc>ara P�annan LanescoPe nrcnve ls. 4 .raouPwa i.aio�•�' FREDERICK COUNTY, VIRGINIA aa� EXISTING C-ONDITIONS FIC, URI "I ] NO SCALE JUNE 2006 LEGEND Falton N°I�ly py.l L aaaecloteo,PcTiTTi'�%y ��jy/'AJ�'�+1.� I'IGUR.ls2 Ee�noxs $vrysyi�a. FI°mwa Lee�cPPs �IMlic_ia. .,/. „� �G �i� G JJ..aa �.fv+r 4 (� p 1�9 HI�I.tmd��`b�st I I�R \ FREDERICK y COUNTY, VIRGINIA 1 't F aw—aeo-w9s Ei XISTIN G' S' Vi SA NO SCALE JUNE 2006 AND UDA BOUNDARIES SUBJ 1301' AREA M-1 INDUSTRIAL, LIGHT DISTRICT �IF°'I PMSTING SEWER AND WATER SU;RViU.' ARFA -1 M-2 INDUSTRIAL., GLNE`16NL DISTRI(A' EXISTING SEWER URBAN DEVELCIPMENT AREA ® MI -1-1 MOBILi IIOMU: CONIMUNITY DISTRICT � -:DIC —1 ` ----� 134 BUSINESS, NEIGHBORHOOD DIS'TRIC'T MS Nil AL SLiRVICI S DIS'I'RIC:T rL f 13-2 BUSIN17SS, GRNIiRAL DISTRICT R-5 M S1DENTIAL, RU:CREAT'IONAL COMMUNITY 13-3 INDUST'RU1L TRANSITION DISTRICT RA RURAL, AREA DIS'T'RICT VNI FXT'RACTIVE," MANUFACTURING DISTRICT RP RE.SIDEN'1'IAI. PLRFORMANCG DISTRICT 1-11: HIGHE'R EDUCATION DIS'1IM"I' R-4 RESIDENTIAL PLANNED COMNIUNI'1"Y DISTRICT Falton N°I�ly py.l L aaaecloteo,PcTiTTi'�%y ��jy/'AJ�'�+1.� I'IGUR.ls2 Ee�noxs $vrysyi�a. FI°mwa Lee�cPPs �IMlic_ia. .,/. „� �G �i� G JJ..aa �.fv+r 4 (� p 1�9 HI�I.tmd��`b�st I I�R \ FREDERICK y COUNTY, VIRGINIA 1 't F aw—aeo-w9s Ei XISTIN G' S' Vi SA NO SCALE JUNE 2006 AND UDA BOUNDARIES i . , , a I a A..o� .,,. T FIGURE 3 H I. Alk: k�a. �Jg�✓ r�4i` sLS ll> """""�•_°A �'"' FREDERICK COUNTY. VIRGINIA PROPOSED, SWSr1 NO SCALE JUNE 2006 AND UDA BOUNDARIES LEGEND SUBJECT AREA M-1 INDUSTRIAL, LIGHT DI5'1' uci, PROPOSED SEWER AND WATER SERVICF AREA iJ M-2 INDUSTRIAL.., GENL ZAL DIS'CRIC7' PROPOSED SEWER UIMAN DEVLL0Pi1lISN'I' AREA Nfl-1-1 N10131LE HOME C0N4MUNITI' DISL'R1Cl- ,— 13-1 BUSINESS, NE:IGI I1301ZHOOD DIS'T'RIC-f MS MISDICALSE.RVICES DIS'T'RICT' II t— -- B-2 13USINESS, GENFM-Al, DISTRICT' 1Z-5 R.I SIDIN-XHAL, RECIZEATIONAL.CONIMUNITY _ B-3 INDUSTRIAI, Ti' ANSFHON DISTRICT 0 RA RU1tA1" AREA DIST'1ZICT ENI EXTRACTIVE NLANUI-A( TURING DIST'R1C;"I' RP R1:SIDLN'I'IAL FI RI 01ZV1ANCE DISTRICT C� HE HIGHER EDUCATION DIS'TIZIC'l R-4 RE511�EN"CIA]. PL,\NNED COMMUNITY Y DISTRICT i . , , a I a A..o� .,,. T FIGURE 3 H I. Alk: k�a. �Jg�✓ r�4i` sLS ll> """""�•_°A �'"' FREDERICK COUNTY. VIRGINIA PROPOSED, SWSr1 NO SCALE JUNE 2006 AND UDA BOUNDARIES Pallors Hurl. Ryst 6 A.-op-etes c IIS 1, j��r p� i; qV�l �/ q r Ena,�naxrn. s•+�m M.— W,G.wpe A,y�uW.+ JJJLLL J Vy V Y 666... 6J P G' ff 1c.R44$ Gs (} ry 1. 11R t neo-eoi-atso FREDERICK COUNTY, VIRGINIA 1 LAND USE PLAN I']GURE 4 NO SCALE JUNE 2006 Wnted On 05262006 BV PATTON HARRIS RUST & ASSO 7563- EBY/cmj M O r- b N 1 -.i N o t- o N O w 14 N Lo a� o � w U • I o � N V' [� -rl ch r N $ 0 05000:3124 t (D CD THIS DEED, made and dated this 15TH day of February, 2005 by and between JANET J. LONG, a,'La. Janet: Joyce Long? heminaf= called the r:rnntor, and NEWTOWN YMLAGEs LL,C,, a VIrginia Limited Liability Company, hereinafter tailed the Grantee. _ - WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant imd convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: PARCEL ONE: All of that certain tract or parcel of land together with all improvements thereon and appurtenances thereunto belonging, lying and being situated south of Bartonsville in Back Creek Magisterial District (formerly Opequon Mtgisterial District), Frederick County, Virginia, containing 77.50 acres, more oI less. PARCEL UNO: All of that certain lot or parcel of land, together with improvements thereon, lying and being situate on both sides of Springdale Road (Route 649), in Back Creek Magisterial District, Frederick County, Virginia, containing 1.6264 acres, more or less, as more particularly described by plat and survey prepared by Elliott Ritchie, Jr., L.S., dated January 19, 2005, attached to the hereinafter mentioned Deed. AND BEING the= same property conveyed -to Janet J: Lmg by those two*certain Deeds the fust dated August 21, 2003 and the second dated February 9, 2005, both of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as ]instrument Numbers 030022530 and 050002798, respectively. Reference is here made to the aforesaid instruments, the attachments thereto and the reference; therein contained for a further and more particular description of the property hereby conveyed. ? On 05262006 By PATTON HARRIS RUST & ASSO C) O O tV This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that she has the right to convey to be Grantee; t aat t?ae Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; ane s"7e will grant such further assurances of title as may be requisite. WITNESS the following signature PJ.:L _(SEAL) OO J i STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction afaresaie., c -o hereby certify that Janet J. Long, whose name is signed to the foregoing Deed, dated this 15`s day of February, 2005',ms, personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 15`h of February, 2005. -My commission expires 12/31/08. Notary ?ui uc as �. Bdw: B. ran V1RG1NIA: F+REDER=C70[RK'fY, W-- :- Kuylro." lo6moe, WXc t BuOc, MC 'this inetrtunent of waiting.res Vmdumd to we an 1125wd.c-s6 a - s • o5 9 's Wadwla, Vnm 21601 • ••. ld Kith aerti@cate �t of �IhWM@�a fiMa (540) 662 3496 was admtttc4 to TlCoA T MppmW by Am 04M Of !. 5...-a-00000md 3&1//� Itru bs� P/„ if E C:\KPDOCB\DUD3\r01Wi6. 3Kr..+Pd e44tw ,/J4 F � I J 'diI�IZ,� SOLE RES UDA Long Range Plan ®Institutional ` Cppq # 04 - 06 SN,5A Rural Community Lenter'acre -,>N)Rat,n Road Network Reeiden&aI Histonc l DSA N ^Primary Reads v, a�sinesa ® mf-Usa Solenberger - Rest Church IndJsfrlal Planned Unit D—h mated b Frederick Cou 1 E Sewndary Roads � ® pmenf ?Iamm�g DepanmeM my Tsrciary Raades ®CPPA200B SWSA Expansion ( Industrial) �Jne=n s Winchester City Roads 287 acres 0.1 095 0 0.1 0.2 0.3 OA �`,ll Future RT37 Bypass Miles COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: Fruit Hill Orchard Inc./ The Interstate Orchard, Inc. 2. Project Name: Solenberger — Rest Church 3. Mailing Address: P.O. Box 2368 Winchester VA 22604 4. Telephone Number: 540.667.3390 Authorized Agent Information: 1. Name: Patton Harris Rust and Associates 2. Project Name: Solenberger — Rest Church 3. Mailing Address: 117 E. Piccadilly Street Winchester, VA 22601 4. Telephone Number: 540-667-2139 B. Legal interest in the property affected or reason for the request: Reason for Request: Currently, a portion of the subject property is within the SWSA boundary. This request would bring the remaining portion of the site into the SWSA boundary to allow orderly_ development of the entire property that would simultaneously serve to bolster the tax base of Frederick County. C. Proposed Comprehensive Policy Plan amendment — please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s): 33-A-89 33-A-90 23-A-17 & one unnamed parcel Magisterial District: Stonewall b. Parcel size (approximate acres): 287 acres Plat of area proposed for CPPA amendment, including metes and bounds description. d. Existing Comprehensive Plan land use classification(s): Rural Areas -Agricultural C. Proposed Comprehensive Plan land use classification(s): Industrial f. Existing zoning and land use of the subject parcel: RA -Rural Areas g. What use/zoning will be requested if amendment is approved? M1 -Light Industrial h. Describe, using text and maps as necessary, the existing zoning, C Comprehensive Policy Plan designations, and/or approved used and densities along with other characteristics of properties that are within: • 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size • '/z mile if 21-100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. The name, mailing address, and parcel number of all property owners within 200 feet of the subject parcel(s), with Adjacent Property Owners Affidavit (page 7). 2. FOR A TEXT AMENDMENT -Not Applicable a. Purpose and intent of amendment. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. C. Proposed new or revised text. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. f. What level of service impacts, if any, are associated with the request? 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. Currently, the Property is partially located within the Sewer and Water Service Area (SWSA). Locating the SWSA along the boundaries of the site would enable an orderly development of non residential uses for the entire property. Areas near and adjacent to the subject property are presently zoned for commercial and industrial uses, which would provide compatible land uses for the proposed expansion. b. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public Facilities. 1. Community Design. Amending the SWSA to include the subject area would allow for the entire property to be rezoned with a single land use application. A single rezoning for the entire property would allow for a more holistic planning approach wherein design aspects such as transportation are considered for the entire property as opposed to only a small portion at a time. 2. Cultural Resources: The portions of the parcels that are not presently in the SWSA do not contain any important cultural resources. 3. Economic Development: Additional jobs and an increased tax base would result from any future rezoning of the subject acreage allowed by the proposed SWSA expansion. The development of the site for industrial and supporting business uses would bring a varied source of economic development to the county and promote the goals expressed by the County's Comprehensive Policy Plan. 4. Environment: There does not appear to be any streams, lakes or ponds that traverse the parcels in question. Any environmental impacts would be minimal and would be appropriately mitigated during the engineering of any future development at the Property. 5. Fire and Rescue: Tax revenues as a result of development of the site would serve to help fund local fire and rescue services.. 6. Housinz: No new housing would result as a part of this SWSA expansion request. 7. Land Use: The subject acreage is presently used for farming. The feasibility for continued viable agricultural use of the property has declined in recent years. The site's adjacency to existing land zoned and used for industrial and business uses, the availability of public water and sewer, and its designation by the comprehensive plan for future development indicates that the entirety of the subject parcels should be included in the SWSA. 8. Libraries: The proposed inclusion of the entire tracts in the SWSA do not have any impact on libraries. 9. Parks &Open Space: The inclusion of the entirety of the subject parcels do not have any effect on Parks and Open Space. 10. Potable Water: The property would by served by the Frederick County Sanitation Authority (FCSA) by way of additions to the existing infrastructure serving the adjacent parcels. The existing water storage, distribution and supply is adequate to service development of the entirety of the subject parcels. 11. Schools: The proposed inclusion of the entire parcels and any future rezoning of these parcels for industrial and supporting business uses would have no negative impacts on school system. Development of the parcels for industrial and supporting business uses would help the school systems tax base and help underpin a varied source of school funding_ 12. Sewer: The site would be serviced by connection to the water and sewer lines already present in the area. Remaining sewer capacity in the area is limited, but could be addressed, if necessary, during the rezoning phase of the project. Upgrades to the existing system servicing the area would depend upon the particular use sought by the Applicant during the rezoning process. 13. Telecommunications: There would be no impacts to telecommunication structures or service associated with this project. 14. Transportation: Inclusion of the Property within the SWSA would have limited impacts upon the transportation system. Improvements to the road system servicing the area in recent years would enable safe and efficient access to Interstate 81 for any use that may locate at the site in the future. Additionally, any rezoning of the site would include a proffer program that would effectively mitigate any negative impacts to the transportation system. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to involved Comprehensive Policy Plan amendment requests. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): C� ��� Date: Date: Owner(s):��Z�o� Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 54-665-5651 Facsimile 54-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This 26`h day of May , 2006. Z (Owner) Hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. Owner/ ontract Purchaser/Authorized Agent) (Circle one) COMMONWEALTH OF VIRGINIA C-t�of L)0'krcki�4� �h Subscribed and sworn to before me this Zq day of k0nabl , in my County and State aforesaid, by the aforenamed Principal. (Notary Public) My Commission expires: � '� Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Wein Site: www.co.frederick.va,us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Fruit Hill Orchard Inc./The Interstate Orchard, Inc (Phone) 540.667.3390 (Address) PO Box 2368 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by DO 37 3 , f�C� 1196 j bt3 262, P-6. 90) Instrument No. on Page , and is described as /s; /9 A Z3 Parcel:E yf 90 Lot: Block: 4 Section: 3 -3 Subdivision: do hereby make, constitute and appoint: (Name) PHRA: Ron Mislowsky, Chuck Maddox Patrick Sowers Tom Price, Tom Paquelet John Callow (Phone)540.667.2139 (Address) 117E Piccadilly Street Winchester VA 22601 to act as my true and lawful attorney-in-fact for an in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to f le planning applications for my (our) above described Property, including: - Rezoning (including proffers) - Conditional Use Permits - Master Development Plan (Preliminary and Final) - Subdivision - Site Plan X Comprehensive Policy Plan Amendment My attorney -in -face shall have the authority to offer proffered conditions and to make amen went tcrpre iously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 4112h day of �?�y , 200 ( . Signature(s) '�_/ " _' State of Virginia, City/County of �� l(��1� , To -wit: I, �Q�� `�� Ga C S( , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2y day of 1 oa\_I , 200 to . My Commission Expires: Notary Public r Solenberger - Rest Church ADJOINING OWNERS TAX ID NO. NAME ADDRESS ZONING USE 3391 CFJ Properties PO Box 1108 B-3 Commercial DBA Flying J. Houston, TX 77251 TRL PLZ c/o Burr Wolff 3394 AB White Hall, 8531 Pulaski Hwy. B-3 Commercial LLC Baltimore, MD 21237 3395 Proffessional 1790 Berryville Pike B-3 Commercial Mobile Home Winchester, VA 22603 Brokers, Inc. 3396 JCA IV White 8531 Pulaski Hwy M1 Commercial Hall, LLC Baltimore, MD 21237 3397 JCA IV White 8531 Pulaski Hwy M1 Commercial Hall, LLC Baltimore, MD 21237 3398 JCA IV White 8531 Pulaski Hwy M1 Commercial Hall, LLC Baltimore, MD 21237 33 A 88 David K. Brenda 332 Thistle Lane RA Residential S. Gray Clearbrook, VA 22624 33 12 24 Charles W. Sr. & 2897 Martinsburg Pike RA Agricultural oline S. Orndoff Stephenson, VA 22656 33 12 14 Thomas C. PO Box 4 RA Residential Owens, Jr. & Clearbrook, VA 22624 Erica C. Owens 33 12 15 Mark A. & June L. PO Box 1122 RA Residential Bowman Clearbrook, VA 22624 33 12 16 Mark A. & June L. PO Box 1122 RA Residential Bowman Berryville, VA 22611 33 12 17 Douglas A. Jr. & PO Box 311 RA Residential Leanna U. Stephenson, VA 22656 Mada an 33A 18G Michael T. & 209 Hauptman Ct. RA Agricultural Betty T. McNerney Clearbrook, VA 22624 33 A 18A Joseph W & 529 Timberlakes Lane RA Agricultural Donna M. Poe Clearbrook, VA 22624 33530 Brian K. & 291 MacBeth Lane RA Residential Gabriella C. Clearbrook, VA 2264 Shallenber er 33529 Robert P. & Joe 266 MacBeth Lane RA Residential A. Abbott Clearbrook, VA 22624 33528 Matthew H. & PO Box 74 RA Residential Breggitte U. Clearbrook, VA 22624 McKee 33527 Paul F. & Lisa 209 MacBeth Lane RA Residential Goodwin Smoke Clearbrook, VA 22624 33525 David O. Russell 160 MacBeth Lane RA Residential Clearbrook, VA 22624 33524 Gregory S. Grove 280 Ruebuck Road RA Residential Clearbrook, VA 22644 33 523 Roy A. Cooper 224 Ruebuck Lane RA Residential Clearbrook, VA 22624 33522 Robin L. V. & 172 Ruebuck Road RA Residential Joan F. Kibler Clearbrook, VA 22624 33521 Robin L. V. & 172 Ruebuck Road RA Residential Joan F. Kibler Clearbrook, VA 22624 23 All Andrew S. & 1226 Rest Church Road RA Residential Tiffany L. Clearbrook, VA 22624 Hounshell 23 8 15 Kevin L. & 114 Ruebuck Road RA Residential Tammy F. Enns Clearbrook, VA 23814 Basma Khalid 1287 Rest Church Road RA Residential Clearbrook, VA 22624 23 A 13 Edward L. Jr. & 1333 Rest Church Road RA Residential Nancy Lee Butler Clearbrook, VA 22624 23 A 14 Edward L. Jr. & 1333 Rest Church Road RA Residential Nancy Lee Butler Clearbrook, VA 22624 23 A 15 Edward L. Jr. & 1333 Rest Church Road RA Vacant Nancy Lee Butler Clearbrook, VA 22624 23 A 16 Carter's Cemetery Cemetery_ 238 13 Christopher S. & PO Box 3830 RA Agricultural Ton -a L. Jennings Winchester, VA 22604 23 A 88 Lindsey Barry 474 Ruebuck Road RA Agricultural Dodd & Kimberly Clearbrook, VA 22624 Schanabel Dodd 33 A 89 2006 COMPREHENSIVE PO.L�ICY PLAN AMENDMENT LNBER-ESSTKGER -iJ GHRCH:SOL June 1, 2006 Patton Harris Rust & Aasoclato% Engineers Surveyors. Planners Landscape Architects gg--�� pp 1 17 East Piccadilly Street F `9 7\ Winchester, 22601 fl'R 1 � T 540-667-2 211 39 R 540-665-0493 4 - —1, Pi Swlnekbola,�gear ese Chu.,tch Pt -IRA FREDERICK CDUN7Y. VIRGINIA EXISTING CONDITIONS NO SCALE JUNE 2006 Rest Church Engnrtu Survoy Pi,-- Eumdccvpe Arc F-1,. C3 PHt�n „ a� ea �z 'soy_ FREDERICK COUNTY, VIRGINIA •')10 -E66 -WL) NO SCALE JUNE 2006 EXISTING SWSA BOUNDARY j 4! LEGEND SMIJI{Cl' AREA I� Al -2 INDUSTRLA1„ GI?NJ',%\L DlSTR1C1' MUMMIA SEWER AND WATER SHM'10I AREA NIH -1 MOBILE HOME COMMUN1'1'Y D151'RIC1' 11-1 BUSINESS, D1,14RICI' %1S NiI L)K;AI, tiLR\'I(' 1:S DISTRICT 11-2 BUSINESS, C;I'iNI RAL DISTRI C I' R-5 RFSlI)kNTlA1, RHCREATIONAL COMMUNITY B-3 INDUS'1'RI,V.'1'R;1NSl'I'1ON Di.'URICI' RA RURm. ARI'SA DISTRICT EAI 1,A'I RA(:'1'INI; MANUFACTURING DISTRICl' L I RV RkSIDEMNAL ill I.RFORNIANCI: DISTRICT Ill: Il1(.;FIER EDUCA'T'ION DLM'RICT R4R1?SIORNTIM. I'LANNIA) COMMUNITY iNsTRUM \1-1 INDUSTRIAL, LIGE I'I' DIS•l'RICI' Pellpn Nalrlc RuaI Engineero$urvaymv Plaanwn<oa���aLeol tUfalc, cptse %✓�r +/�bq'��u,���'a/I��4 .,Typ��]��FREDERICK -CeOeeUN4TY�, VIRGINIA PLfRA PROPOSED SWSA BOUNDARY 101GURE? 3 NO SCALE JUNE 2006 LI -C, F N D r. El I (jjr"L kc A C. LI -C, F N D P,to. Hera. R.It — zirc PFREOERiCi< COUNTY, VIRGINIA 1:11A H NO SCALE JUNE 2006 LAND USE PLAN r. El I (jjr"L i, ont ) MiwyFl wa P,to. Hera. R.It — zirc PFREOERiCi< COUNTY, VIRGINIA 1:11A H NO SCALE JUNE 2006 LAND USE PLAN ___.._..-__-___-_-__ 7290 HOWARD P. LEWIS, ET UX TO: DEEI) FRUT_T HILL ORCHARDS INC'. BMB: 2-23- 2201 R*x 373 496 THIS DEED made and dated this23 rdday of February 1971, by and between HOWARD P. LEWIS and JOAN L. LEWIS, his wife, parties of the first part, hereinafter called the Grantors, and FRUIT HILL ORCHARD, INC.. a Virginia Corporation, party of the second part, hereinafter called the Grantee. I WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideratio , the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee eimple, absolut all of that certain tract or parcel of land containing 110 Acres, more or less, together with all rights, privileges, improvements and appurtenances thereto belonging, lying and being situate about two miles North of Clearbrook, in ` Stonewall Magisterial District, Frederick County, Virginia, and being the same property conveyed to Howard P. Lewis by deed dated March 25, 1970, from George W. O'Rear and Isabelle R. O'Rear, his wife, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 362 at Page 262. Reference is made to the aforesaid deed for a more particular description of the property herein conveyed. This conveyance is made and accepted subject to the indebtedness secured by a deed of trust on the aforesaid property, dated April 1, 1970, executed by Howard P. Lewis to Benjamin M. Butler, Trustee, and recorded in the aforesaid Clerk's Office in Deed Book 362 at Page 264, given to secure the payment of a certain bond payable to George W. O'Rear and Isabelle R. �; O'Rear, his wife, or order, and on which there is an unpaid principal balance i 1 of $25, 000, 00, with interest at the rate of Eight per cent (8%) per annum, and cKec s eur�[n q ! said deed of trust the Grantee hereby assumes and agrees to pay as a .. Iwhich I part of the purchase price of the above described property, and the Grantee -1- i ac x 1,73 ,ts: W hereby executes and acknowledges this instrument for the purpose of corn with the provisions of said deed of trust. This conveyance is also made subject to all easements, rights of way and restrictions of record affecting said realty. Except as noted above, the Grantors covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) HqWARD P. LEWIS, (SEAL) J' AN L. LEWIS Ij FRUIT HILL ORCHARD, INC. fay , ,r,% :r l ,.•>,�, (SEAL; ENT • (I J6S'IE LL•NBEI GEl , E BETA Y ` STATE OF VIRGINIA, iiCOUNTY OF FREDERICK . TO -WIT: 1, DOROTHY H JONES a Notary Public in and for the I . i State and County aforesaid, do hereby certify that HOWARD P. LEWIS. and IIJOAN L. LEWIS, his wife, whose names are signed to the foregoing Deed, 1: bearing date of February 23 , 1971, have personally appeared before me Iiand acknowledged the same in my State and County aforesaid. MCKEE i YUTLER ;I Given under my hand this 23rdday of February 1971, une 11, 1973 My Commission expires J I Sops 373 _:,+ra STATE OF VIRGINIA, COUNTY OF FREDERICK , TO -WIT: 1, DOROTHY H. JONES a Notary Public in and for the State and County aforesaid, do hereby certify that HUGH S. SOLENBERG. and BESSIE S. SOLENBERGER, President and Secretary, respectively, of FRUIT HILL ORCHARD, INC. , whose names are signed to the foregoing Deed bearing date of February 23 , 1971, have personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 23rd day of February 1971. 1 My Commission expires June 11, 1973 VIRGINIA hRBD 3IC:{ CJ[J-diY, SCT. a trt�Irument o� 3 w„s Produced to me on the d . y oL� 2[llL , , r 1 / �. 3 �j and with cerliof a (9 el -C.x�wl:ne it to rsto aanecad w admitted to r_cur3. 11L.n,;;.,; �� j�: }.,Y,1 of Qand 5--54 have been p id, if a:seseabla. ✓t'fj t L`L�_ Clerk. • I I • i McKee "a *� r!�■ II wincwearc�,, i• I -3- 'It is expressly stipulated, understood -and agreed that this conveyance is made subject to the lien:of that certain deed of.trust from Walter M. Bumphries.-and:wife to I. W. Sterrett and. E. S. Sandy, Trustees, dated November 17, .10.37, of record in. the aforesaid Clerk's Office in _Deed Book No. 175,' page 133.; secur ing. to-the.Prndential Insurance,;Gompany of America, the payment f o'.a debt in the J. original sum of.,Five Thousand Dollars ($5,000.00), upon which the balance due at this r� timeamountsto $4800:00. And the parties of -the second ppx1t by their acceptance of this deed doherebyassume the payment of said indebtedness. Witness the following signatures and seals. REVEM STAMPS ' WIsLARD.'D. CHEELY (SEAL) $7.70 CANCELLED MIrIPTIE, M. CiiEELY (SEAL) State of -Virginia County of Frederick, to=wit: I, Virgini of Frederick, in the State'of Virginia;' Minnie M. Dheely, his wife, whose nes, date of September 6.1-547, have peons and acknowledged the same. 1 ASF. VIRGINIA. FREDERICK :COUNTY, rRi ter, a n'atary public in and for the Count do hereby certify that Willard D. Cheely and are signed to the foregoing writing bearing ly appeared before me in my. county aforesaid, Given under my hand this 6th, day of :September, 1947. Ay commission expires March 24, 1948. VIRGINIA RITTER o ary. Public ' This instrument of writing was pro:duced.to me on the 8th day of Sept., 1947//„+:at 9:15 A.M. and with certificate of acknowledgment thereto annex ed was admitted tG.record. CLERK #1242 # �. F. AMOS SHRYOCK.ET. ALS i —may • TO : ' : DEED _3 i 19y �.• THE INTER—STATE ORCHARDS, INC. tid THIS DEED made and dated this the 11 day of Aug.,1947 I, between F. Amos Shryock, Elizabeth H. Shryock, John Babbage, Beulah D. Babbage, Hunter l 3� 5.6. Brown :and Beuna McFarland"Brown, the parties of the first part, and The Inter—Stat Orchards; Incorporated, par.tyf the. second part. ArlTNE5SETH-. That for and in consideration.of the sum of One Dollar cash in hand psi d, receipt of which is, hereby, acknoivle.dged, the. } r parties of the first part do hereby convey with general warranty of title to the party; of the .second part, the hereinafter described property: 1 All that certain tract or parcel of land lying in the 1 Stonewall Magisterial District of Frederick County, Virginia., lying on the fest side of U. S. Route 11, bounded on the North by the Virginia -West Virginia 'State Line and on the .East by the aforesaid U. S. Route 11, containing 201 acres, 1 rood, and 30 poles more or less and being that same tract or parcel of land conveyed to the grantors herein by Max G. Hoffman et ux by Deed dated April 1, 1946, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Bonk 196 at page 123, reference to which deed is hereby made for a more particular description of the land herein conveyed,. The aforesaid land being subject to certain deed of trust from the grantors herein to Thomas G. Scully, Trustee, to secure the payment to Max G. Hoffman i 1 of a certain bond in the amount of $30,000.00 which deed of trust. is recorded in the i Office of the Clerk of the Court of the Circuit Court of Frederick County in Deed Booki 196 at page 125. THE GRANTORS -COVENANT with the grantee, its successors and assigns that except as noted above: (1)'They are seized in fee simple of the property;_ " hereby conveyed; that (2) They have the right to convey the said property to them; that (3) They shall have_..quiet possession of the said property, free from all encumbrances; that (4) They will execute such -further assurances -of the said property as maybe requisite; and that -:They haee'don& nd act to enrusber-'the said property. VVESS the following s-ITa tures and seals this day and year first above written. F. Amos SHRYOCk (SEAL) REVENUE STAMPS $22.55 +F ELIZABETH H. SHRYOCK (SEAL) CANCELLED JOHN BABBAGE (SEAL) BEULAH D. BABBAGE (SEAL) HUNTER S. BRUM (SEAL) BUENA 1fdARLAND BROWN(SEAL) STATE OF VIRGINIA ,s COUNTY OF FREDERICK to -wit: i I, Olive Smith Cook, a Notary Public in and for the State' and County aforesaid,: do hereby certify that F. Amos Shryock; Elizabeth H. Shryock, John Babbage, Beulah D: Babbage; Hunter S. Brown and Beuna McFarland Brown, whose names are signed to the foregoing writing, bearing date of the 11 of Aug., 1947, have this day personally appeared before me in my said County and acknowledged the same. My commission expires June 8, 1950. I- Gven under my hand this the 11 day of Aug., 1947. i r -OLIVE SMITU COOK-- ' o ary u is t VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 8th' day of Sept., 1947, at 11:10 A.M. and with certificate of acknowledgment thereto annex- ed was admitted to record. CLERK' I #1243 ,f LERIS E. PERRY ET UX r TO DEED LEONARD IV. ' -'HITE ET LTX fie{ iYCre�:reet#�#i�,•�;.5'[-t�.�.•���t:x-Ma�F�-;f-xY• i n0`rd' W- This Deed made and dated this 8th day of September, 1947; between Lewi E.y and Mary L. Perry, being parties of the first -part,. and Leonard i�uhite andG. v%ite, his wife, being parties of the second part. 1vltnesseth: That the said parties of the first part, for and in consideration othe sum of Five ($5.00) Dollars, cash in hand paid, a receipt whereof.. is herewith acknbw�iedged, and other considerations deemed valuable in law, dol hereby grant .and convey, with general warranty of title, unto the said Leonard 17. %- ire I and Arbutus G. ,1hite, his wif(4\jointly for life, with remainder to the survivor in fee simple, all that certain unimproved lot or parcel of land, together with all appurtere- ances, rights and rights of way thelteto belonging, lying and being situate in Frederick County, Virginia, on the East side ofIpublic Road No. 636, about three miles East of StephensCity, bounded on -the South and East by other lands of the said parties of the first part, on the North by Perry Lane and qn the West by Road No. 636, containing two (2) acres, more or less, according to a late �srvey made by Richard U. Goode, Surveyor, on September 4, 1947, which survey, together wi�ia a plat of said realty, is attached to and made a part of this deed, being part of a layer tract of land which was conveyed to the said parties of the first part by .deed bearingNdate August 26, 1938, from the Farmers and Merchants National Bank and Trust Company, wh h deed is of record in the; County Clerk's Office of Frederick County, Virginia, in D. 17.6, page 546, to whichi deed a reference is herewith given for a morep articular description -=of the realty hereinabove described and conveyed. Said parties of the first part covenantthatthey have ail i right to convey said realty to said grantees; that said grantees shall have quiet possession of the same; that. they have done no act to encumber said realty; and that i they will execute such further assurances of said realty as may be.re.qui-site. le"ltness the following signatures. and,se.als,. unfed On DY162006 By PATTON HARRIS RUST & ASSO Prepared by: CFJ Properties 50 West 990 South Brigham City,UT 84302 L DEED FOR PUBLIC RIGHT-OF-WAY 6K 8 8 9 Ps 0 5+ 4 Vv Exempted from recordation taxes and fees under Sections 58.1-811 (A) (3),58.1-811 (C) (4), 58.1-3315,25-249, and 14.1-125.2 (D) THIS DEED, Made this '10thdyy of September 1997, by and between INTER. STATE ORCHARDS, INC., a Virginia corporation hereinafter designated as Grantor, and the COMMONWEALTH OF VIRGINIA, Grantee; WITNESSETH: In consideration of the benefits accruing or to accrue to the said Grantor, by reason of the location and construction, or other improvement of part of Route No.669, along, through, or over the lands of the Grantor, and for further consideration paid to the Grantor, receipt of which is hereby acknowledged, the said Grantor hereby grants and conveys unto the said Grantee in fee simple, with general warranty, each as to the land owned by Grantor hereby conveyed, a strip or parcel of land needed for the location and construction or other improvement of said road together with the temporary right and easement to use such additional areas as located and staked on the ground for cut and/or fill slopes as being required for the proper execution of the work. Said temporary easement will terminate at such time as the construction or improvement of the aforesaid route is completed. Said locations and stakes have been shown to and approved by the Grantor at or before the execution and delivery of these presents. All the said strip or parcel of land is in Stonewall magisterial District of Frederick County, Virginia as described on Exhibit A and B attached hereto and incorporated herein by this reference. Together with the right and easement to construct, improve and maintain any drain ditches or other drainage facilities that may be needed for the proper and adequate drainage of said Route. AND FURTHER WITNESSETH: That the said Grantor, for the considerations stated above, also covenants and agrees, upon demand of any public utility company having its facilities in, over or across the lands herein conveyed, that it, the said Grantor will give, grant and convey unto such public utility company an easement in, over and across the lands of the Grantor lying adjacent to the lands herein covered for the relocation, construction, operation and maintenance of said facilities. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid route as they affect its respective properties have been fully explained to Grantor or its authorized representatives. The said Grantor covenants that it has the right to convey the said land to the Grantee; that it has done no act to encumber the said land; that the Grantee shall have quiet possession of the land, free from all encumbrances, and that it will execute such further assurances of the said land as may be requisite. On 05262006 By PATTON HARRIS RUST & ASSO EK889?605 + 5 The saidt Grantor covenants and agrees for itself, its heirs, and assigns and successors, that it has been made aware of its right to receive just compensation for the land herein conveyed, and that the considerations hereinabove mentioned and paid to Grantor shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road; including such drainage facilities as may be necessary. Dated this,k gday of 1997. !R'TER-TA RCHARDS, INC. By Harry F. B d, III, President STATE OF VIRGINIA 71 )ss COUNTY OF FREDERICK) The foregoing instrument was acknowledged before me this -q'^ qday of " �. + "' % •''. 1997, by Harry F. Byrd, III, President of INTERSTATE OREHARIIS, ING: ` Ivey Commission expires V3- 9 9 .'•'�' •';�: ; . 'e —0 44 Nob" 'Publid ": 'rinted On 05/162006 By PATTON HARRIS RUST & ASSO EXMIT "A" ;,- Bowers & Associates prUX 813 9 % 0 s Consulting Engineers, Land Surveyors and Landscape Architects METES AND BOUNDS DESCRIPTION PROPERTY TO BE CONVEYED FORPUBLIC RIGHT-OF-WAY TO THE COMMONWEALTH OF VIRGINIA FOR REST CHURCH ROAD, STATE ROUTE 669 PART OF THE PROPERTY OF THE INTER -STATE ORCHARDS, INC. DEED BOOR 202, PAGE 82 PARCEL IDENTIFICATION NUMBER 23{(A)}17&18 STONEWALL MAGISTERIALDISTRICT FREDERICK COUNTY, VIRGINIA SEPTEMBER 24,1997 BEING part of the property conveyed to the Tater-State Orchards, Inc. in Deedi Boolc (D.B.) 202, Page (PG.) 82 among the land records of Frederick County, Virginia; also being all of that certain property to be conveyed to the Commonwealth of Virginia for public street purposes for Rest Church Road, State Route 669. BEGINNING at a point in tie centerline of pavement of said. Rest Church :toad, State Route 669; said point being a comer to existing Virginia Department of Transportation (VDOT) right-of-way for Rest Church Road, State Route 669 (Plat Book 3, PG. 1, et al.) and a comer to said property of the Inter -State Orchards, Inc., and also being in the line of Lot 1, White Hall Flying J (DB. 873, PG. 1800), property of CFJ Properties (D.B. 867, PG. 670 and D.B. 867, PG. 6741): Thence departing said existing VDOT right-of-way and running with said centerline of i pavement of Rest Church Road, State Route 669, and with said Lot 1, White Hall FIying J and with the outline of the property of the Inter -State Orchards, Inc. and with the herein described property to be conveyed to the Commonwealth of Virginia; N 79°08'27" W, 825.84' to a point, departing along the way Lot 1, White Hall Flying J, property of CFJ Properties and running thereafter with the property of the Rainbow Group (D.B. 867, PG. 521 and D.B. 858, PG.196), and the property of Fruit Bill Oreaa % ]ac. (D.B. 365, PG. 2442), departing along the way said property of fac Rainbow Group, ' Thence departing the aforesaid centerline of pavement of Rest Church Road, State Route 669 and said property of Fruit Hill Orchard, Inc. and the aforementioned outline of the property of the Inter -State Orchards, Inc. and running through the property of the Inter - State Orchards, Inc.; PO Box 955 Leesburg VA 20178 104-1 Church Street SE Leesburg VA 20175 703.777.0063 Local 703.478.8576 Metro 703.777.2480 Fax On 05262006 By PATTON HARRIS RUST & ASSO _ 11 I� r I I� J I I F.1 MIT °A° CONPINM BK889FG05 7 N 10049'36' E.18.06'to apoint, S 85005'39" E, 372.98' to a point, S 79014'47" E, 752.14' to a point in the line of the aforementioned existing VDOT dght- of-way and again in the outline of the property of the inter -State Orchards, Inc., Thence no longer running through the property of the inter -State Orchards. Inc. but running again with the outline of same and with the existing VDOT right-of-way; I S 30°31'24" W,19.04' to a VDOT monument found, i N 79025'30" W, 290.85' to a VDOT monument found, S 10°51'36' W, 38.77' to the POINT OF BEGiNPIING, containing 45,280 square feet or 1.0395 acrc(s) of land more or less. All in accordance with a Plat Showing The Property To Be Conveyed dated Sept 19,1997 (revised 9/24197) prepared by Bowers & Associates, P.C. (B&A File No. A-171 cMm U . ssosmoannlas� RDW M&a.aa 'rinled On 05262006 By PATTON HARRIS RUST & ASSO II ' II: I! IPF IRON PIPE'FOUND s�4e Im IRF IRON ROD FOUND i I OB DEED BOOK S.F. SQUARE FEET q AC ACRES I ' , TMP TAX MAP PARCEL j ! EX. EXISTING ' MON. MONUMENT c VDOT. VIRGINIA DEPARTMENT OF TRANSPORTATION p PLAT SHOWING a� RD. 0 'I 23- 110A)) Ir }I 1 c41URC g�A)) Date: Sept. 19, 1997 Q FOR PUBLIC RIGHT—OF—WAY I REST ll R IE g R0 . , vw i C, 6 j 1 REST z I Ij ,p i a STATE ROUTE 669 _ CERTIFICATE NO. 731 I ON THE PROPERTY OF: p f 7FE -NTER—S ATiE QRC:-IARDS, INC. tjPAGE i I � i I DUNCaNs \_ IL Sheet 1 of 2 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA � I J Assoclates, P.C. Revisions: I �y I j i Londscapa--hltsct• p 10 1 Church St.. S.E.. LmreCurg. Vo. 20175 I G 1 k VICINITY MAP NOTES: SCALE: 1" = 2000' I I, i' 1. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON INSTRUMENTS OF RECORD AS HEREIN REFERENCED AND A FIELD RUN SURVEY PERFORMED BY BOWERS & ASSOCIATES, P.C. OCTOBER, 1995 ASSOCIATED WITH THE PREPARATION OF A BOUNDARY SURVEY ON THE ADJOINING PROPERTY OF CFJ PROPERTIES. THIS PLAT DOES II NOT PURPORT TO HAVE COMPLETED A FIELD SURVEY OF THE ENTIRE SUBJECT PROPERTY BUT DOES ESTABLISH THE BOUNDARY LINES SHOWN HEREON BASED ON MATTERS OF RECORD AND FIELD MONUMENTATION AS INDICATED. 2 MERIDIAN SHOWN HEREON IS BASED ON RE -DIVISION PLAT OF WHITE HALL BUSINESS PARK, RECORDED IN Ij DEED BOOK 750, AT PAGE 1810 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I: 1 THIS PLAT OF PROPERTY TO BE CONVEYED HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND DOES NOT PURPORT TO REFLECT ALL EASEMENTS, ENCUMBRANCES OR OTHER CIRCUMSTANCES AFFECTING THE TITLE TO THIS PROPERTY. 4. PROPOSED RIGHT-OF-WAY DELINEATED HEREON HAS BEEN COMPUTED PURSUANT TO 'FLYING -J TRAVEL PLAZA" PLANS PREPARED BY HARRIS, SMARIGA & ASSOCIATES, INC, PROJECT 86552-D-FLYJ, SHEETS C-6, 1 C-13 & C-14, DATED APRIL 1996, REVISED AUGUST 8, 1997, I I II I I I LEGEND: II ' II: I! IPF IRON PIPE'FOUND ESMT. EASEMENT IRF IRON ROD FOUND R/W RIGHT OF WAY OB DEED BOOK S.F. SQUARE FEET I� PAGE AC ACRES I ' g CENTERLINE TMP TAX MAP PARCEL j ! EX. EXISTING ' MON. MONUMENT c VDOT. VIRGINIA DEPARTMENT OF TRANSPORTATION PLAT SHOWING i 0 PROPERTY TO BE CONVEYED Date: Sept. 19, 1997 `,QyTR -pp FOR PUBLIC RIGHT—OF—WAY AND GRANTING OF ASSOCIATED EASEMENT(S) Scale: AS NOTED II 10 THE COMMONWEALTH OF VIRGINIA lProj No: 950907.04 ; �j FOR REST CHURCH ROAD NDALL C. McENTIRE STATE ROUTE 669 Tech: CMH 7Drown: LAA CERTIFICATE NO. 731 I ON THE PROPERTY OF: p f 7FE -NTER—S ATiE QRC:-IARDS, INC. tjPAGE Ind: DG IChM: CMH �{ / I -e 1 04 DEED BOOK 202, 82 TMP 23—((A))-17 & 18 Sheet 1 of 2 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA t II Dwg. No. A-171 i Bowers i4 Assoclates, P.C. Revisions: II C—.lting E: 91-- S.—y— VDDT COMMENTS 9/24/97 I j i Londscapa--hltsct• p 10 1 Church St.. S.E.. LmreCurg. Vo. 20175 I G 1 k On 05262006 By PATTON HARRIS RUST & ASSO 10'49'36" E 18.06, EXHIBIT B CONTINUED BI(889PGO519 ICY, 0 00 cam\ \Q�\dQ��0dQ�1��G Qd 0 ' \o 0000,0 Q1 0(- , du ti \ Q0t,Qc. d� DAF P� 8:16 e \\;� ��` Q Q0 LP c�a Z� y� y Q r. d OG 0 7 Q 0 Q C)C),-)oo� tS 0 0000 _ 0, o °3 r =n °t �FP 0CC5 E`' o0 Si om o \\\ 000 �IRFO OC `evge v \ 1�\� d0QQQQd $\ 4 �T °^�°. Qo es2G( 1 0 IL o 00000 ©L cp o� 'S' °� dQQd _ r t— I Q �m , tP , oGyO Q `3 Q CO I. i 0 OC �o`�u= oma\ o \ Q g 30'910440 000 aQQd 00 dQ 0C -h I wor µoN: ROI,�TE 9NTERSTATE PLAT SHOPdNG 'IDate: Sept. 19, 1997 DF PROPERTY TO BE CONVEYED iLmT3 !� FOR PUBLIC RIGHT-OF-WAY EASEMENT(S) Scale: 1' = 100' I i ! AND GRANTING OF ASSOCIATED TO THE COMMONWEALTH OF VIRGINIA !Prot. No: 950907.04 y FOR REST CHURCH ROAD I STATE ROUTE 669 Tech: CMH Drown: LAA I GALL C. McENiIRE� CERTIFICATE NO. 731 ON THE PROPERTY OF: ��pp �Fld: DG CMH; TFE [R-ER—STA-E ORC'-iARDS; NC. DEED BOOK 202, PAGE 82 IChkd: ' t Sheet 2 of 2 TMP 23—((A))-17 & 18 l STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIIA Dwg: No. A-171 Bowers Q P.830CIat6St P.C. Revisions ; Enalnoers s�r�eyors IVDOT COMMENT$ ' ConeultlnQ X9/24/97 Land—p- A—hitoate I - ! 104-1 Church St.. S.E.. t.eeeburq• Vu. 20173 ,i (703) 777 - 0053 (mats) 478 - 8570 ' rn__� •..• : - �-_- _- --=---s-- -� -iNTX. RT. 668 co _ TMP 23 ((A))- 17 do 18 STA- ' =17+62. co - N0F7ME INTER-STA`E. oackimDs, INC. , _ CL. ZACHARY DB 282.•• PG 82 LAN A' 0+ USF_ VACANT% AGRICULTURAQEX. ORCHARD) E ST Of Q%ii '�:I i��P P1P� zoNEn: RA STA. ! 7+34 45 . •� ; ' PROVIDE PI©SE- 3 TD'�pPq�T R _ - EX. UTIQTY POLI~ r DdWN CURB% D LANE/ o��.` t=:Y;:•A� TO BE RELOCAM BEGiM LAN TA EFt X cv :•IV "amu r CES it _ ;' FLf3w d.ficfs� _^�+� - _ --- - � _ t • • •_ .a— ..- - _• - ._-�• _.i--,_-• 'rte . i • ./dam zat 4557 OQMPANY 15 DO ia 0i _ _ Zz &ins? P ,3& ��il \ �� 1 REPLACE w/� -�� z _ • (ASPHALT CAAi1=6) AND 2 1 00W ''m°,ina2'i� TL ±J PFi(!a ORC[i1�FiD: tNC: = v5> VAC+� v /IG�tICtILlURAL(l:k. ,on M62oo6 By PATTON HARRIS RUST & ASSO BK8891GO521, gilberr w. di (ford & associates, inc INCORPORATED 1972 Engineers - Surveyors - Land Planners - Water Quality memorandum To: C. R. Solenberger H. ?. Byrd, III Gary Carstensen, Flying J, Inc. From: C. B. Maddox, Jr., P.E.(2AP Re: Flying J, Inc. Date: October 8, 1997 This memorandum shall document and understanding reached this date between the above parties regarding certain improvements necessary prior to dedication of road right-of-way pursuant to construction drawings prepared by Flying J, Inc. and approved by VDOT. Specifically, we reference the plans modified in accordance with the January 31, 1996 comment letter from VDOT (copy attached). The conditions agreed to are 1) That a full 60' travelway will The created as a part of this construction. This travelway will be centered on the existing secondary road centerline and measure 64' from curb to curb. it is understood that all five 12' travel lanes created by this roadway can be used. by Mr Solenberger, Mr. Byrd or their assigns in the future. 2) The culvert located at station 20+00 shall be installed as a 36" equivalent storm culvert, meeting all VDOT requirements. 3) A 24" pipe sleeve shall be buried 10' east of the proposed culvert (station 19+90) and extending 5' into the property on either side. This pipe shall be plugged securely at each end and shall be used in the future for utility crossings as may be required by Mr. Solenberger and/or Mr. Byrd. We the undersigned are in agreement to the above: I& Mr."H. By�:'d,—:ZI �� V�t:Mlt»Pt00lAIfKO� yy� Mr.GaW66tensen and wm amoca of 1pl wM@dww d IMM annexed waa , 0 =W. To Imposed by Eft 1&1-802 of 4zea- 88.1.801 have been paid, U tasessable. attachments: ruad plans do VDOT Letter ,Clerk 200 North Cameron Strere et, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Consulting Engineers Connell aaa*aaa*****aaaa*artaaaaaa*a*• _. rrilw T i(Y�iAS D. CATHER a :: :: DEED FRUIT HILL ORCHARD, INC. aaaaaaaaaaaaaaaaaaaaaaaFaaa+raaa aoox 365 PAGE 242 THIS DEED made and dated this M iA day of N r_ 1970, by -and between THOMAS D. CATHER, widower, party of the first part and FRUIT HILL ORCHARD, INC., a Virginia Corporation, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with general warranty of title, unto the party of the second part, Fruit Hill Orchard, Inc., the following described property and appurtenances thereunto belonging: All that certain tract or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situated in Stonewall District, Frederick County, Virginia about two miles north from Clearbrook and one and one-half miles. southwest from Ridgeway, West Virginia, along the public road leading from the Winchester and. Martinsburg turnpike to White Hall, adjoining the lands -of George J. Pitzer, Doctor M. G. Huffman and others, containing One Hundred Eight (108) acres, more or less, and being the same tract of land which was conveyed by M. M. Lynch, Trustee, to Thomas D. Cather by Deed dated November 3, 1923 and recorded in the aforesaid Clerk's Office on November 10, 1923 in Deed Book 151 at Page 89, LESS AND EXCEPT that certain lot or parcel of land with a frontage of 60 feet on the south side of White Hall Road and a depth of 250 feet, situate in Stonewall Magisterial District, Frederick County, Virginia which was conveyed from Thomas D. Cather and Ottie N. Cather, his wife, to Luther 1-1. Combs and Patricia A. Combs, his wife, by Deed dated May 29, 1963 and recorded in the aforesaid Clerk's Office on June 2, 1963 in Deed Book 311 at Page 208. Reference is here made to the aforesaid instruments and the attach- ments and references therein contained for a further and more particular description of the property hereby conveyed. f Boat 365 PACE 243 This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The party of the first part covenants that he has a right to convey said property; that the same is free from liens and encumbrances and that he will forever warrant and defend'the title thereto. It is expressly understood by the parties hereto that possession of said property is to be delivered to the Grantee on November 1, 1970 and that the Grantor shall insure the buildings located thereon against fire and other calamity to the extent of their fair market value through November 1, 1970. WITNESS the following signature and seal this /9tk day of Z? r a 1970. r SEAL) Thomas D. Cather F i C C 1, y1 F B0OK 36J PAGE 244 S'T'ATE OF VIRGINIA iT ofTo-wit: Notary Public in and for the State and C� 1 _ aforesaid, hereby certify that Thomas D. Cather, whose nam' eeiis`ssiigne—d to the foregoing Deed bearing date the /9� day Of —jTj,,LL 1970, has this day personally appeared before me and acknowledged the same. Given under my hand this 17 A day of 1970. My Commission expires �T -cs• �� , 9 �� ,_ i No • ry Publl VIRGINIA FREDERICK COUNTY, SCT, This Instrument of writing was produced to me on the.__��, c. .. �. (:..1. _ at..... Qe ackn wliedgment thereto annexed was admitted to record. And iof..... tax paid. additional Q �1 Clerk �J -2- J i 'Tinted On 05262006 By PATTON HARRIS RUST & ASSO r 020010107 TAX MAP #23-A-17 & 23-A-18 SF -1 (IA) Revised 09101 PREPARED BY VDOT UNDER SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Exempted from recordation taxes and fees under Sections 58.1-811(A)(3), 58.1-811(C)(4), 58.1-3315, 25-249, 42.1-70 and 17.1-279.D. THIS DEED, made this 19th, day of April, 2002, by and between THE INTER -STATE ORCHARDS, INCORPORATED, hereinafter designated as Grantor (even though more than one), and the COMMONWEALTH OF VIRGINIA, Grantee: WITNESSETH: THAT WHEREAS, the Commonwealth of Virginia proposes to construct or otherwise improve a part of State Highway Route 669, Project 0081-034-124, RW -201' between 0.38 MI. W. RTE. 11 and Rte. 11 in the County of Frederick, Virginia, in accordance with plans and specifications thereof on file in the office of the Department of Transportation, Richmond; and WHEREAS, sections of the route and project have been designated as a Limited Access Highway in accordance with the provisions of Article 4, Chapter 1, Title 33.1 of the 1950 Code of Virginia, as amended, by the Commonwealth Transportation Board; NOW, THEREFORE, for and in consideration of $122.00 in hand paid to the Grantor, receipt of which is hereby acknowledged, the Grantor doth hereby grant and convey unto the Grantee with general warranty any and all easements of access, light or air, incident to those certain lands of the Grantor located in Stonewall Magisterial District, in the aforesaid county and abutting upon or adjacent to the Limited Access Highway, the line along which the easements hereunder conveyed lie being described as follows: - 1 - :1 On 05262006 By PATTON HARRIS RUST & ASSO PARCEL 005: Being as shown on Sheet 4 of the plans for Route 669, State Highway Project 0081-034-124, RW -201, and running from a point on the northeast (left) existing right of way C=) and proposed limited access line opposite Route 669 construction centerline Station 27+00, the W M lands of the Grantor, thence, along the said northeast existing right of way and proposed limited access fine to a point opposite Route 669 construction centerline Station 29+92.55, the lands of the Grantee, as shown in DARK BLUE on photocopy of said Sheet No, 4, which photocopy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Plat Book J0 Paged It is covenanted and agreed that this conveyance is made pursuant to the provisions of Article 4, Chapter 1, Title 33.1 of the 1950 Code of Virginia, as amended, which shall be a covenant running with the abutting land of the Grantor, which abuts upon the Limited Access Highway, along the line hereinabove described, as if the Article, as amended, were herein fully recited. The Grantor covenants that he has the right to convey the easements to the Grantee; that he has done no act to encumber the same; that the Grantee shall have quiet possession of tfne same, free from al encumbrances, and that :ie wil execute such fur ter assurance of the same as may be requisite. The Grantor covenants and agrees for himself, his heirs, successors and assigns that the consideration hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation and damages, if any, by reason of the location, construction and maintenance of the highway, including such drainage facilities as may be necessary. -2- mated On 05262006.5y PATTON HARRIS RUST & ASSO WITNESS the following signature and seal: THE INTER -S AT RCHARDS, INCORPORATED C By -(S-RAL) Tttie STATE OF VIRGINIA COUNTY OF Frederick The foregoing instrument was acknowledged before me this 19th day of April, 2002, by Harry F. Byrd, III, President of The Inter -State Orchards, Incorporated, a Virginia corporation, on behalf of the corporation. My Commission expires 31 December 2002 Notary Public' VIRGINIA: FREDERICK COUNTY, SCT, y This instrument of writing was paoduced to me an and with certificate of acknowledgement thereto annexed was admitted to record. Ta imposed by Sec, 58.1-802 of sof , and 58.1-801 have been paid. if assessable 4ew 4-401r-' , Clerk MIS #05-06 ROUND N7iL CENTER/ NATIONAL LuT't--lERAN HOME r�UDA Long Range Plan �Indd.L...I CppA # 05 06 "°1e SWSA Rural Community Center ^i Recreation - Creased by Kregerick County Planning DepaRmen! Road Network Rasldemial Hist°ric � DSA dans zona ^�Pnmary Reade {. Rge,neae ® "i.ed_Dsa Round Hill Center/ National Lutheran Home ^'T-1."a..da nda al 40GPPPlanned Unit Davel°P °°` UDA Expansion ( Residential & Commercial) w e T�iary Roads CPPA2UC6 ♦�/ Wncnester Clry Roads s P—,.RTa7aypaee 370 acres o Mli� COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM A. Owner(s) Information: 1. Name: 2. Project Name: 3. Mailing Address: 4. Telephone Number: Authorized Agent Information: 1. Name: 2. Project Name: 3. Mailing Address: 4. Telephone Number: Silver Lake LLC National Lutheran Home 13 South Loudoun Street Winchester, Virginia 22601 (540) 662-7215 Dewberry And Mr. Charles Maddox Round Hill Center/National Lutheran Home 611 West Juba] Early Drive Building B, suite C Winchester, Virginia 22601 (540) 678-2700 B. Legal interest in the property affected or reason for the request: Silver Lake LLC 2 C. Proposed Comprehensive Policy Plan amendment — please provide the following information I FOR A MAP AMEENDMENT a. PIN(s): Tax Map Number 52, Double Circle A, Parcels C, 50, 50A, 52 and 63. Magisterial District: Gainesboro District b. Parcel size (approximate acres): 370 acres c. Plat of area proposed for CPPA amendment, including metes and bounds description. See Attachment A. d. Existing Comprehensive Plan land use classification(s): The existing comprehensive plan land use classification is designated Rural Areas. Portions of the subject property are also located in the Round Hill Area Plan under Phases II and III, and is planned for commercial land use. e. Proposed Comprehensive Plan land use classification(s). This application proposes to classify the property as R-4 with a mix of commercial, age restricted residential and transitional large lot residential land use. The R-4 land use component of this application is predominantly in response to the planned development opportunity for the National Lutheran Home for the Aged to establish a continuing care facility and to strategically locate an age restricted affordable living community in Frederick County. Existing zoning and land use of the subject parcel: RA zoning and vacant/residential/agricultural g. What use/zoning will be requested if amendment is approved? R-4 zoning with retail/commercial land use along primary transportation corridors and age -restricted residential and assisted living land uses on remainder of property. See Attachment B. h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of Properties that are within. • 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size; ® 1/2 mile if 21 — 100 acres in size; or • 1 mile if more than 100 acres in size. 3 See Attachment C. The name, mailing address, and parcel number of all property owners within 200 ft. of the subject parcel(s) with Adjacent Property Owners Affidavit (page 7). See Attachment D. 2. FOR A TEXT AMENDMENT 1. Purpose and intent of amendment. Non Applicable 2, Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. Non Applicable 3. Proposed new or revised text. Non Applicable 4. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. Non Applicable 5. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan Components that are not the subject of the amendment. Non Applicable 6. What level of service impacts, if any, are associated with the request? Non Applicable 3. FOR ALL AMENDMENTS 1. Justification of proposed Comprehensive Policy Plan amendment (provide Attachments if necessary). Describe why the change to the Comprehensive Policy Plan is beginning proposed. This proposed Comprehensive Plan Amendment provides for a type of `housing to meet the varied needs and income levels of the county's present and future population', as well as, provides expansion of `a key economic development site' 4 while enhancing an `existing business corridor to provide an attractive and functional expansion that reflects positive on the community.' 2. How would the resultant changes impact or benefit Frederick County. Consider, for Example, transportation, economic development and public facilities. The proposed Comprehensive Policy Plan Amendment's impacts and benefits to Frederick County would include investment in appropriate business and age restricted development in close proximity to the existing Winchester Medical Center site, and substantial contribution to infrastructure improvements in accordance with recent Sewer and Water Service Area (SWSA) goals for providing water and sewer service to existing Round Hill community religious institutions and for further expansion opportunity to the broader Round Hill community. With appropriate planning, this CPPA application can exemplify Frederick County's desire to contribute to the physical, mental, and cultural needs of the community, its economic and social well-being, and its sense of civic pride and social responsibility through , not only, a complete program of parks and recreation, but also well balanced urban planning. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All application must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land are Involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment request. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s):Date: 1-'0 iv Owner(s):D " ate: Attachment A — CPPA Property Plats I i I OJEG=SFA e IJ 31 /r , ._ and Hill r O� ' 'VICINITY MAP set SCALE: 1"=2000' �PPROVED/BY/ � �%.�.�� • .�u� jp 18�j,5 Subdivision Administrator `'v` "„'`moi Dote4 0WNER'S CONSENT The above and foregoing Minor Rural Subdivision between the lands of C L. ROBSINSON CORPORATION, a Virginia Corporation, as appears in the accompanying plat, is with the free consent and in accordance with the undersigned wners, proprietors, and trustees, if any. R SON ATION BY: ?«, Pra�c NOTARY PUBLIC 1• �° �� 7 a Notary Public in and for the state of Virginia, at lorge, do certify that d-1 . t -a A n( �,Q�,����� -i� PresidGnUhose name is signed to the foregoing Owner's Consent, has acknowledged the some before me in my state. Given under my hand this 15— day of Jod 1995. My commi_sion expires �, ri �' SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this Minor Rural Subdivision is the some land conveyed to C. L. Robinson Corporation by deeds dated 1 May 1930, 11 May 1983, 27 October 1983 and 12 July 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 160 at Page 460, Deed Book 560 at Page 33, Deed Book 570 at Page 209, and Deed Book 748 at Page 1581, respectively. TM 52 ((A)) Pcl 506 S. W. Marsh, L. S. Zoned: RA Use: Agricultural TM 53 ((A)) Pcl 71A Zoned.' RA Use: Orchard 1M 53 ((A)) Pcls 71,72 Zoned: RA Use: Agricultural, Orchard P�l Fi OF F /v t" Plat: MRS-WLK.dw f S. W. MARSH o CERTIFICATE NO. -. DATE: 28 August U _ 1843 n lyNp SUR���ft Final Plat for MINOR RURAL SUBDIVISION Between The Lands Of C. L. ROBINSON CORPORATION Goinesboro Magisterial District g Frederick County, Virginia 1995 Cover Sheet I Sheet i of 4 MARSH & LEGG1E Land Surveyors, P.L.C. 139 North Cameron Str«t Winchester, Vtrn"a 22601 (540) 667-0466 rax (540) 667-0469 IROBINSON ZONED: RA 27 SPA/0 / /USE VACANT ZONED: RA 0 1 „ ; 2 0 .5 USE. RESIDEN AA _ /� ©6 N �I o �+C "0 1 BLACK ZONED: RA USE.- RESIDENTIAL i/ 100 r D 1\ W I L K I N 5 1 ZONED: RA 21 4 �� �I \ USE: VACANT (Wooden) a\ 23 <1 APPROXIMATE N 11 R = 5617 58' l / �\ v OMITS OF.100 YEAR a y 11 L = 930.57' r FLOOD PLAr �I h POND / \ w 20 '\\ Parcel C 19 \\\ 89.0881 Acres 11\\ Q) �V QN 18 ,N O 17 Z `� o I \ \ \ \ 1 \\ \ 16 50' Ingress/Egress Easement Parcel B ' /15 ; 67.0960 Acres l / M A T C H L I N E a 250 No 1000 Graphic Scale in Feet 1"=500' Sheet 3 of 4 See Sheet 4 of 4 for Line Table and Area Summary. Final Plat for MINOR RURAL SUBDIVISION Between The Lands Of C. L. ROBINSON CORPORATION Goinesboro Magisterial District F Z S. W. MARSH Plot-MRS-WTLK.dwg Frederick County, Virginia C3 CERTIFICATE N0. - u 1843 a DATE: 28 August 1995 SCALE: 1"=500' Sheet 2 of 4 MARSH $ LEGGE <yND SUR��4� Land Surveyors, P.L.C. 139 North Cameron Str eet W 1ilchester, V trg1111a 22601 (540) 667-0468 fox (540) 667-0469 EK 8 6 6 E 12 0 61 N E (See Sheet 2 of 4 REID / ZONED. RA USE. RESIDENTIAL SEE SHEET � / 0 4 OF 4 // >i• o RENNER ZONED: RA \ USE: RE f. s JOHNS N� ZONED: RA USE. ES. 'JOHNSON \ ' ZONED: RA (jSE. VACANT ' TURNER ZONED: RA / USE: RESIDENTIAL r //O \I / (DB 560-P 33) Hereby Vacated c/ r� , //off Par \ Vie; 8.32fr v / a 0 0 250 500 000 —_J Graphic Scale in Feet C-500, d, Final Plat for HUFFMAN Q \ b ZONED: RA USE.- RESIDENTIAL The Lands Of C1 ? 1 \m i Rlat: MRS-W/LK.dwg Frederick County, Virginia JCERTIFICrATE O, �-. DATE: 1 September 1995 SCALE: 1"=500a Shet 3 of 4 0 250 500 000 —_J Graphic Scale in Feet C-500, d, Final Plat for MINOR RURAL SUBDI t IS/ON The Lands Of 1 ? 1 D rRZ zoo Rlat: MRS-W/LK.dwg Frederick County, Virginia JCERTIFICrATE O, �-. DATE: 1 September 1995 SCALE: 1"=500a Shet 3 of 4 1 I�v111�It6SH $" �LEGGE 0 a b Land Surveyors. P.L_C. 1 1 v N ,2el A 1 '11 4 Acre, /l / / / a�00ROta 6 See Sheet 4 of 4 for Line Table and Area Summary. Final Plat for MINOR RURAL SUBDI t IS/ON The Lands Of -IpooBetween C. L. ROBINSON CORPORATION Gainesboro MagisterialDistrict Rlat: MRS-W/LK.dwg Frederick County, Virginia JCERTIFICrATE O, �-. DATE: 1 September 1995 SCALE: 1"=500a Shet 3 of 4 I�v111�It6SH $" �LEGGE Land Surveyors. P.L_C. 199 North Cerneron Street -Winchester, Vi.glnle 92601 (540) 667-0468 Fox (540) 667-0469 SEE SHEET 3 OF 4 C( R oe; AR�f� er0N N/F/ parcel 80 Reid 0.3465 Acres O' � aO C.L. ROBINSON C PARCEL B U11> O 3 4 2 0S RO0TF _s \ SCALE: 1"--100' FAX MAP 53 ((A)) PARCEL 80 OB 715-P 819 ZONED: RA U5E. RESIDENTIAL 148FIG Area Summary PARCEL A 78.3254 ACRES PARCEL B 67.0960 ACRES PARCEL C 89.0881 ACRES TOTAL AREA SUBDIVIDED 234.5095 ACRES PARCEL 80 0.3465 ACRES TOTAL AREA 234.8560 ACRES Notes 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property corners. Line Table rM 52 ((A)) Pcl 50B DB 570 - P 209 Zoned: RA Use: Agricultural TM 53 ((A)) Pcl 71A DB 560 - P 33 Zoned. RA Use: Orchard ` TM 53 ((A)) Pcls 71,72 DB 160 - P 460 Zoned., RA Use: Agricultural, Orchard VIRGIMtA: FREDERACX COUNTY, SCT. e� This ip�g;rOrreni cf '-Wilirg wsas trod ®d - i _rr®r/'PC//p mo n thA aYa'' i9 �V -GS1 a_, at snd wr n cera ric- ::i ' n_ i;n ;ecg runt thereto aoroxed yr 0 gad�m�itte,,�d & ,,:,._,r Tax tr;:pe^^n by SeC. 58.1-802 of $Au.Y& and =8.1-901 have been paid, a assessebte. Final Plot for Clerk MINOR RURAL SUBDI WSION Between The Lands .Of C. L. ROBINSON CORPORATION Gainesboro Magisterial District aNDL Plot: MRS-W1LK.dwgFrederick County, Virginia . DATE: 1 September 1995 LINE TABLE n Sheet 4 of 4 MARSH $ ]L1EGGE Land Surveyors, P.L.C. 139 North Cameron $treat Winchester, V Irglnla 22601 (540) 667-0466 For (540) 667-0469 .15; 39%O26 E 1AJ 49 7) 3911 (RA5 :�44 206-61-5 Xe 7 -�5 Z'954 P49 72-50 125.5.3 NN N% IN t- IA 4��l Az Iff OWMV a4 -/7 7� ��-6 57 1 17( ff Ala rz -AV 770 L.70 /044 1111495 N33 -?6' 06 71',11 t(\ N -qw -fv 500 0 ZOO 4w CURVE VA -FA: XI& LTA RAD. ARC. TAN. 6HOZI) l JbI5.50 6; 4 ;A zo e606wa4e'K sUevEy ykLTJj 0 //Vt5 ✓r H. BRUCE EDENS SCALE: d-�; No. 000162-8 6Zee.41,W,4 K, IAIC, 0 1104 Baker l.aneo Wincnester, Virginia e2260le 703-662-4185 S H. Bruce Edens 0 President -- SHEET 3 The accompanying plat represents a boundary survey of all the land conveyed to James R. Wilkins, Jr. by deed dated April 15, 1991 and recorded in the Frederick Court.• ,Court Office in Deed Book 758 at Page 1653. The said land lies north of G. S. Route 50, about two miles west of the City of Winchester in Gainesboro District, Frederick County, Virqinia and is bounded as follows: beginning at an iron pin found corner to the two acre lot conveyed to C.L. Robinson Corp.in Deed Book 570 at Paqe 20Q and ir a line of .7. P. Robinson; thence with J. P. Rnhirso^ N33'28'08"W - 218.99' to a nail found in the base of a 28" walnut tree corner to C.L. Robinson. Corp.; thence with C.L. Robinson Corp. for the following 4 courses: N32°42'21"W - 626.57' to an iron pin found; thence S50°33'40"W - 952.46' to an lton pin found at the P.C. of a curve to the left; thence along the arc of said curve 83.04' (Radius = 168.50' - Chord = S36°26'34"W - 82.20') to an iron pin found at the P.C.C. of the curve continuing to the left; thence along the arc of said u—I ve SU.68' (Radius= SU.UU' - Chord = S6'49'47"E - 48.72') ., 71 irrr! n f.-Ald COIIIe•t to C.;,_ Robinso': 60rP. a:t4 itl i1,-! of U.S. Route 50; thence witL• said RiW diurly thf• arC of :-I rur've to thr• left 133.9;' (Rad;.Is - 7948 " Chord = N68°39'48"W - 133.96') to an iron pin set corner to t [j'_ P-L� with C.L. k0oinsun Corp. : Ur !oilowing -i courses N42"47'43"E - 41.94' to an iron pin found; thence N50"33'40"E - 1089.54' to an iron pin found; thence N32°42121"W - 407.01' to an iron pin found corner to Holt Cori,. of Va.; thence with Holt Corp, of Va. for the following 4 courses: N61°52'32"F, - 566.97' to an iron pin found; thence N10°26'13"E - 256.53' to an iron pin found; thence N61`:)9`36"W - 428.38' crossing a 60' R/W to an iron IIiE=ET G c:r- pin found corner to Holt Corp. of Va. and in a line of R.N. Carpenter, Et Ux; thence with Carpenter for the following 4 courses N44°48'17"E - 450.06', running with the western line of said 60' R/W, to a corner fence post; thence N38044°42"W - 431.52' to a corner fence post; thence N49°51'18"E - 1231.11' to a corner fence post; thence S44°45'30"E - 520.54' to a fence post corner to Fruit Hill Orchard, Inc.; thence with Fruit Hill Orchard, Inc. for the following 3 courses: S45°18' 14"E - 857.84' to a nail set in a rock; thence N75045'20"F, - 14-32.00' , o t p v n" ��2.00 to an iron pin set; thence 535 C 2� °'E - i 135.0 �.. an iron pin set by a 30" white oak, corner to C.R. Solen - verger, Et Ux; thence with Soienberger S36014'26'W to an iron pin found corner to C.L. Robinson Corp; thence with C.L. Robinson Corp. for the following 2 courses S73°39'01"W - Oren .,_n scunG; t-Bence S-7 to the beginning. Containing. . . . . . 206.613 Acres Sufveyed. . _ . . . . May 23, 1991 U H. SRUCEE ED&Z 9 SH6:Ei- 3 0` 3 IRON PIPE S� FOUND AT 0.32' TM #52-A-63 SILVER LAKE LLC H 833/422 S8'J6•J�� USE: ORCHARD ANGLE IRON FOU ZERO BRA D 2.04 1 + REBAR SEL ACRES w -p. THIS EXISTING TURNER PARCEL (1.425 ACRE ZONED B2) IS HEREBY 1 ADJUSTED WITH THE 1 26,844 SF PARCEL AND IS ` TO BE CONSIDERED ONE PARCEL. THE COMMON m N N 1 DEED LINES ARE HEREBY olo Q, VACATED BUT REMAIN FOR a' 1 ZONING PURPOSES P c,+ LA .s co.+• o � cZ m r" r" 4. ut O� Wjl 1 � W1 t� G � � ➢m M 1 SHEEP 3 OF 0 0 �O THESE DEED LINES ARE 1 HEREBY VACATED BUT REMAIN FOR ZONING 1 PURPOSES 1 ZERO BRL 1 1 19g 73 � L26J511'S THIS 26,844 SF PARCEL IS HEREBY ADJUSTED AND BECOMES A PART OF THE TURNER LAND. IT REMAINS ZONED RA AND IS UNBUILDABLE DUE TO OVERLAPPING BUILDING RESTRICTION LINES. S2-''W�2114 DETAIL OF REBAR SET 2.041 ACRE PARCEL' BOUNDARY LINE ADJUSTMENT OF 2 PARCELS GAINE580RO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: APRIL 22, 2004 PRESENT OWNER: SILVER LAKE L.L.C. - 8.268 AC. TM #52-A-52 DB 872, PG 318 ZONED RA -USE: VACANT BERNARD L. & CAROLYN R. TURNER ZO#52-A-53 ED B2 5 USE BCONVENIENCE PROJECT 1860107 REBAR SET �L1H OF � MICHAEL M. ARTZ v No. 1951 N Artz and Associates, PLC 2.041 ACRES A_Subsidia y er Vallev En¢iaee "+.p PLC [AND SURVEYING LAND PLWMNG DEVflDPMEW STORE WIN16 East PiGCgdilry Street CHEM, VA 22601-4740 TEL 540-667-3237 fAX 540-667-9168 TOLL FREE 1-800-755-7320 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. ALL PROPERTIES ARE ZONED RA EXCEPT AS NOTED. USES AS NOTED. 4. SEE SHEET 3 FOR DETAIL OF 1.996 ACRE TRACT, UNE BEARING DISTANCE L1 N 6513'03' W 21.06" L2 N 58'16'10" E 257.62' L3 S 63' 13'34" E 237.43' TM #52-A-63 SILVER LAKE LLC 833/422 USE: ORCHARD REBAR FOUND �56�4 SHEET 2 OF • = REBAR SET UNLESS OTHERWISE NOTED TM #52-A-50 SILVER LAKE LLC 28" 927/1591 WALNUT USE: ORCHARD �5 p REBAR h��O moi_ FOUND L1 61� \ I REBAR 2.041 FOUND ACP E C A IRON PIPE Iili1C J FOUND AT N 4%j 0.32' B,jj ,9g" j 303- THESE DEED LINES ARE HEREBY VACATED NEW LINES HEREBY CREATED s 3 \ 00� 8.268\�00 �\ ACRES 0 F J FINAL PLAT, BOUNDARY LINE ADJUSTMENT OF 2 PARCELS GAINE5BORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: APRIL 22, 2004 PRESENT OWNER: SILVER LAKE L.L.C. - 8.268 AC. TM #52-A-52 DB 872, PG 318 ZONED RA - USE: VACANT BERNARD L. & CAROLYN R. TURNER - 2.041 ACRES TM #52-A-53 DB 609 PG 36 ZONED 82 - USE: CONVENIENCE STORE PROJECT #860107 TM #52 -A -C SILVER LAKE LLC 848/1202 REBAR USE: ORCHARD FOUND 10 u' s �j STONE FOUND S 5, "U" IRON FOUND TM #52 -A -51A JEANNE A. & ROBERT E. SPAID 464/590 USE: RESIDENTIAL _PLi H OF MICHAEL M. ARTZ v No. 119/511 Artz and Associates, PLC A Subsidiary of Valley E uriaeeriug PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 Lust P'—u illy Shro WINCHESER, VA. 72601-4740 TEL 540-667-3233 FAX 540-GG7-9188 TOLL FREE 1-800-755-7320 �F so AREA TABULATION TM # ACREAGE kioTyF D(ISTING: TURNER 52-A-53 1.425 AC. SILVER LAKE 52-A-52 8.884 AC. PROPOSED: TURNER 52-A-53 2.041 AC. SILVER LAKE 52-A-52 8.258 AC. FINAL PLAT, BOUNDARY LINE ADJUSTMENT OF 2 PARCELS GAINE5BORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: APRIL 22, 2004 PRESENT OWNER: SILVER LAKE L.L.C. - 8.268 AC. TM #52-A-52 DB 872, PG 318 ZONED RA - USE: VACANT BERNARD L. & CAROLYN R. TURNER - 2.041 ACRES TM #52-A-53 DB 609 PG 36 ZONED 82 - USE: CONVENIENCE STORE PROJECT #860107 TM #52 -A -C SILVER LAKE LLC 848/1202 REBAR USE: ORCHARD FOUND 10 u' s �j STONE FOUND S 5, "U" IRON FOUND TM #52 -A -51A JEANNE A. & ROBERT E. SPAID 464/590 USE: RESIDENTIAL _PLi H OF MICHAEL M. ARTZ v No. 119/511 Artz and Associates, PLC A Subsidiary of Valley E uriaeeriug PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 Lust P'—u illy Shro WINCHESER, VA. 72601-4740 TEL 540-667-3233 FAX 540-GG7-9188 TOLL FREE 1-800-755-7320 BOUNDARY LINE ADJUSTMENT of TWO PARCELS Silver Lake L.L.C. TM # 52-A-52 Deed Book 835, Page 1816 Zoned RA Bernard L. & Carolyn R Turner TM # 52-A-53 Deed Book 609, Page 36 Zoned B2 April 22, 2004 Gainesboro District, Frederick County, Virginia VICIMTY SKETCH IERV DDD IRES a Radio�. J Towers W2 P� Hudson t s rrF E manuel C r Acad s osa hale 3 r' F B IGu o, _ Ace Floor d Hill -UNt`�' HILL' .� �d WDDOCHHC 50 Pk HEIG1iTSj HILL ` '.aa f ox Cand -- ss ONEWALL., Hdi SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby adjusted is in the names of Silver Lake L.L.C. and Bernard L. & Carolyn R. Turner and was acquired as stated in the Owner's Certificate. I further certify that this tract is properly and accurately described and is within the boundary of the original tract. A - _ Certified Land Surveyor V OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein adjusted is a part of the property conveyed to Silver Lake L.L-C. by deed dated December 31, 1996 and recorded in Deed Book 872, Page 318, and all of the property conveyed to Bernard L. & Carolyn R. Turner; by deed dated January 7, 1986 and recorded in Deed Book 609, Page 36. Said deeds being of record in the Clerk's Office of Frederick County, Virginia. This Boundary Line Adjustment, as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owner or agents thereof, of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. Representative for Silver Lake L.L.C. Bernard L. Turner Carolyn R. Turner NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OF to -wit: The foregoing owners consent and dedication was acknowledged before me this day of 20 My commission expires Notary Public CER'FICATE_OF APPROVA!�. This Boundary Line Adjustment is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 0 3 74f We - D.P.573 P. 770 I t 758 A( eir ver I'M 0019 D Q� \M DB�7>V 571, 1A -0V )-1A-1 5� 7- /R)`7 - IeOAI P//L/ FOUAJO OP MOLT CORP OF VA, IAJC. SCALE: DATE H. BRUC EDENS No. OOD162-5 ,,go FA N Greenway Engineering &Surveying Co., Inc. l to ow 1104 Baker Lane e Winchester, Virginia a 22601 e 703-662-4185 H. Bruce Ede -ns 0 President SHEET The accompanying plat represents a boundary survey of all the remaining land conveyed to Holt Corporation of Virginia by deed dated March 29, 1984 and recorded in the Frederick County Court Clerk's Office in Deed Book 573 at Page 770. The said land lies north of U.S. Route 50, about 2 miles west of the City of Winchester, in Gainesboro District, Frederick County, Virginia and is bounded as follows: Beginning at an iron pin found corner to James R. Wilkins Jr. and in a line of C.L. Robinson Corp.; thence with C.L. Robinson Corp. N32°42'21"W - 395.71' to an iron pin set corner to R.N. Carpenter, Et Ux; thence with Carpenter and the western line of a 60' Right - of - Way N44048' 17"E - 873.39' to an iron pin found corner to James R. Wilkins, Jr.; thence with Wilkins for the following 4 courses: S61°09'36"E - 428.38' to an iron pin found; thence S10026'13"W - 256.53' to an iron pin found; thence S45029'44"W - 323.07' to an iron pin found; thence S61'52132"W - 566.98' to the beginning. Containing. . . . . . . 11.374 Acres Surveyed. . . May 23, 1991 91-1Ee7- 2 OF 2 Printed On 05/312006 By DEWBERRY g8 3 3 K04 22 G THIS DEED made and dated this 16th day of January, 1995, by and between C. L. ROBINSON CORPORATION, a Virginia Corporation, party of the first part, hereinafter called the Grantor; SILVER LAKE PROPERTIES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee, and JAMES R. WI.KINs JR., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all those two certain tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, more particularly described by survey drawn by H. Bruce Edens, L.S., dated October 26, 1990, as follows: Parcel one: Beginning at a point corner to bi. G. Anderson and in the center of Virginia Route 654; thence with the center of Virginia Route 654 for the 4 following courses N82024110"E - 33.14' to the P.C. of a curve to the left; thence with the arc of said curve 284.17' (Radius = 359.05' - Chord = N59043145"E - 276.811) to the P.T.; thence N37903120"E - 745.82' to the P.C. of a curve to the right; thence with the arc of said curve 92.03' (Radius = 1675.64' - Chord = N38037144"E - 92.02' to a point on said curve and corner to Barnes; thence with Barnes and then Carpenter and Holt Limited Partnership S32042121"E - 1810.31' to an iron pin found; thence with Holt Corp. S50133'39"W - 1089.54' to an iron pin found corner to Holt Corp. and Bayliss; thence with Bayliss and then Miller, Verret, Haines, Mayhugh, and Rawlings Printed On 05012006 By DEWBERRY M33PG0423 N32°56156'W - 1131.55' to an iron pin found corner to Rawlings and R. Anderson; thence with R. Anderson 1133146150"W - 293.18' to an iron pin set; thence still with R. Anderson and then M.G. Anderson N32°58'44"W - 251.82' to the beginning, containing 42.136 Acres; �1 Parcel Two: Beginning at an iron pin set 4 corner to Turner and in the north boundary line of U.S. Route 50; thence with the north boundary line of U.S. Route 50 for the 3 `+ following courses N64°30'16"W - 307.83' to a VDH monument; thence N57024113"W - 122.41' to an iron pin set at the P.C. of a curve to the l left; thence with the arc of said curve + 98.16' (Radius = 3948.71' - Chord = r N66050146"W - 98.16') to an iron pin set in the north boundary line of U.S. Route 50 and corner to Holt Corp; thence with Holt Corp. , for the 3 following courses with the arc of a curve to the right 50.88' (Radius = 50.00' - it Chord = N06049147"W - 48.72') to an iron pin found at the Y.C.C. of a curve to the right; f thence with the arc of said curve 83.j4' (Radius = 168.50' - Chord = 936°26134"E - 82.20') to an iron pin found at the P.T.; thence N50933'39"E - 952.46' to an iron pin found; thence with Holt Limited Partnership 1J S32042'21"E - 626.57' to a 28" walnut tree in a line of Holt Limited Partnership and corner I to J.P. Robinson; thence with J.P. Robinson , S53003147"W - 420.75' to an iron pin set; thence with another line of J.P. Robinson and then Turner S60°20'05"W - 356.24' to the beginning, containing 12.529 acres; Parcels One and Two above being the major i portion of the same property conveyed to C. L. Robinson Corporation (formerly C. L. Robinson Ice and Cold Storage Corporation) by deed dated December 30, 1949, I from Mary E. Robinson, et ai, of record in the Clerk's Office of the Circuit Court of f Printed On 05,31/2006 By DEWBERRY OK833PG0424 Frederick County, Virginia in Deed Book 212 at Page 584, and by deed dated December 11, 1954, from the Old National Bank of J Martinsburg, et al, Executors of the Estate i of Frank B. Robinson, Deceased, of record in the aforesaid Clerk's Office in Deed Book 217 at Page 174. Reference is made to the 1 aforesaid deeds and -survey description for a more particular description of the property herein conveyed. j The Grantor does expressly release and convey unto the Grantee herein the perpetual easement reserved in that certain deed dated July 10, 1990, from C. L. Robinson Corporation, as Grantor, to the Bolt Corporation of Virginia as Grantee, of record in the aforesaid Clerk's Office in Deed Book 748 at page 1577. The party of the third part and the Grantor join in the execution of this deed for the express purpose of terminating that certain Agreement dated July 30, 1991, by and between C.L. Robinson Corporation and James R. 4 Wilkins, Jr., which is of record in Deed Book 764 at Page 352, which Agreement is hereby agreed terminated and of no further force and effect by either party. This conveyance is made subject to all easements, GI rights of way and restrictions of record affecting the subject property. The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. 3 Printed On 05312006 By DEWBERRY Bl(933fGD►a25 The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or Bylaws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signatures and seals: CSL.R IN50N CO ORXTION B�^+r^ + (SEAL) EDWARD B. ROBINSON, PRESIDENT 004_�4 ( �J.0 ��.. ( SEAL) , ARIES R. WILRINS, JR. �1 STATE OF VIRGINIA, )I Cr ,, OF VF ek I (� + TO -WIT: I I, _L (aJ,S , a Notary Public in and for 111 I the Stare and jurisdiction aforesaid, do hereby certify that Edward B. Robinson who is President of C. L. ROBINSON CORPORATION, whose name is signed to the foregoing Deed, dated it the 16th day of January, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid.2995. 1 Given under my hand this day of_, My Commission expires TARY PUBLIC 1 4 j I r I J - m Printed On OW 12006 By DEWBERRY 1 t M 3I(833�'GO426 I I STATE OF VIRGINIA, OF rb 3 L r TO -WIT: �kn2�tQC.,_r a Notary Public in and for I the State and jurisdiction aforesaid, do hereby certify that James R. Wilkins, Jr., whose nave is signed to the foregoing Deed, dated the 16th day of January, 1995, has personally j appeared before me and acknowledged the same in my state and jurisdiction aforesaid. ? Given under my hand this 16 day of\�'.�r 1995. My Commission expires bk6111� j hA®RYYUHLIC _:c+ c;\RP51\0EEBS\R08,450N.S11 [#n29(R0R1N50HMNh1 Printed On 0&312006 By DEWBERRY BMB: dbc 01/05/95 MOWN C/5} M BIN 33f'GO427 To be rwmded thDeed o£ ce of 54.665 acres in prede 'k Camty, Vixg — ME BmummMV made and dated this _LJL day of Z�� 1995, by and between C. L. MUM=, a Virginia C=Poratl , party of the first part, herein called Seller, and SILVffit I= POMM70, INC., a Virginia poxporation, Party of the seed part. NmM, the party of the first Part has this day sold certain property located in Back Creek Magisterial District, Frederick County, Virginia, to the party of the second part, which tracts of land contain 54.665 Acres in the aggregate; and, ms=,S, the parties hareto acknowledge that in the development of the party of the seoord part's adjoining tract of land will require easements for public water and sewer including temporary construction easanents in connection therewith, utility easements for gas, electric, and telephone, and drainage easements along the Abrams Creek Trainag'-'waY. 4 . That for and consideration of the mutual benefits to be derived therefrom, the parties agree as follows: 1. Each of the parties hereto agree to grant such easements) ov>'_r and across their respective lands at a location(s) hereafter to be determined, for Public water and sewer and which right (s) of way shall be 20 ft. in width With 15 ft. Ugnrarnrconstruction easement on either side of the permanent easement. Said easement shall be in such form as shall be acceptable to the Frederick 43Lmty Sanitation Authority and/or the City of Wirichester Department of. Utilities, their successors in interest. The location of any such public water and sewer easements shall be based upon sauna engi qez-yg princcipless and he so lmated that either of the parties hereto shall Kaye the right to utilize the saw for the development of each oftheir lands. The easements will be so located as will cause the minimum disruption to the business being Conducted upon the land by either party. All pipes and equipment shall be suhterran an except for any regnred metering devices and/or pumps as reg__d by the Public sewer and water authority. 2. Fath of the parties hereto agrees to grant such easements lands shall be necessary for the for utilities across their respective as development of the lands of each of the respective Parties, provided, however, that all such utilities, including, but not limited to, gas, 1 I I Printed On 0&312006 By DEWBERRY m U833PG0428 electric and tele.: , shall be uoeTgr� unlessspecifically agreed otherwise in writing by the party granting the easement. All easel ent locations shall be based upon swutd engineering principles and be so located that either of the parties hereto shall have the right to utilize the same for the developtmnt of each of their lmxb- 3. The party of the first part agrees that the party of the second part shall have the right to utilize the ohainways located on the lands of the party of the first part, including, without limitation, the the right to utilize any off site pwuiing areas, Provided, kaxvevr'x, that surface arses of the off site drainage basin(s) located on the lands of the party of the first part shall not be enlarged without the consent of the party of the first part and in the event that consent is given, then the party of the seoond part agrees to be liable for the costs incident to the increasing size of any such surface draina4= basins caused by the development of the lands of the party of the second part. The drainage _)cation utilized shall be at such location as is coapatible with goad engineering principles and shall be of sufficient width and location as shall be acceptable to any Vennental authority whose approval and each acceptano� of such draint�ay shall be reWired for the development Of of the respective lands; it being specifically understood that the parties contemplate the Abrams creek as the draiimray for surface drainage of each of their respective tracts. The party of the first pa..t agrees to grant such drainage right of way to the party of the seomidd part under the conditions of this paragraph. 4. Each of the parties agree, frau tine to time, to execute release(s) of the easements agreed upon to be granted herein for such parcels of land owned by each of the respective parties that are not affected by such easements. K Each of the parties represents that it is either the owner or in control of the adjacent land which are or may be affected by the easements to oro gn"t"A hPr,- m and any conveyance will expressly be made subject to this AgreaVent. 6. Nothing herein shall be construed to require either party to bear the cost of mnstructim of improvemnts within the easelmnts to be established as provided in this Agreement. 7. This Agreerent a6cdies the entire agreement between the parties and may not be varied except by written agreement of the parties, Printed On 05MI2006 By DEWBERRY V 3g 0429 and shall be buoulg q= successors and assign of each Of the resPecuve parties hereto. wrnm the fou,,ing signatures and seals: C. L. WEIIiJ XU - 2 IIOPi (SEAL) S31VER Im PFDPERIIIES, INC ByLJ I (SEAL) FR. WllKW, siclenr Smm OF VI IMM Ca2a,�_ OF rtE,Ct ICL , M -WIT: Subscxibed and admmledged before Trie, a Notary Public in and for the State a>o juris&ctim aforesaid thisI?, day of j 1995, d'. is of C. L. RDBIlMi 02dUlRATICN_ my ommiseim 'ir. T ku fullm PUBLIC SPATE OF Vff6'nffA oFl—wre&'-'C-K' TO -WIT: Sul,c3abed and jc3MOdjecj before m, a Notary FVD!ic Ul aTla _qEd - fcr the State andjuris&ctim aforesaid, this J1, day of _'��wj , 1995 VI&C of SILVER IM PROPERTIES, INC. by JAMES R. WILKW, who isjjFTi&-.t My ominissim expires PRY Pt Ado" VIRGN"- FFLE0EjFllM 000tM. SCT. 3 of writma was Uced to me an the Q end *jib certiflestq of acAnoWhidgmant thiltato annexed W81 Admiled to record. TO' Imposed by Sec. 58.1-002 of 1111 58.1-601 have been pald. 6 aellaseeblo, ro \� T� g. 812 9-jJS6S3 4N 06 110 eV \14 w q\ .ON\ I CPPA Pro osed Amendments -Exhibits p POUNn HILL CM'FP,/ ��� ;Tf �'-' �';1, � ; J �' � NA110NA, � UTH� SAN HOME 5W5A MAN510N l C r "n FP\�P�QCK COUNTY, VIRGINIA I JUNE 06 SCALA - N15 y - •�` �' . Z_ • ,S". J > i' ! I `1 ' �r -,••�\� � Lam`— "''' f 1 1 � t1 POP W L J E ANS N ✓ _ ' l F / r PROP E •SWS� f C r r, r Lnl It Dewberry &ftis= $it g®et ItuW Berg artre. %HdWg B. Saito C. G9aoheeter. VA MM Pt+oan bdS.oY8zm FM "o IPS vim P,,OUNP HILL NA10NA, LUTHMN HOME1)r ;>>�' �,, - ��' ; -j , UPA �XPAN510N Fk�P�P,ICK COUNTY, VIRGINIA I JM 06 A 5CA,E - Nf5 DA AN. PROF 1q., DQ. via i 4aA II \ . ` � *'�` fir° Dewberry ph� GWo"ZM nx 6W.6m.2 NOUNb HI�L-, CMFT/ NKI ONAI, L UTHMN HOME rp0P05�b P-4 ZONING LMP H5 FP? WICK COUN CY, VIP61NIA I JUNF 06 5CAI,� - Ni5 f 7N," 11 1 // / I fl s - C """0000;ox 50 PROPOSE UDA SW A �--� EXPAN r _ \\ AGE R STRICTF,b ENTIAL 130 AC NATIONAL LW4RAN NOME W!G't- RESTRICTED RESIDENTIAL .� '? AC j {. i TRANSI L REBID NTI L ,r` b A A- REe ..,.- ERCIAL J 3 Ac .ACe _ PARK COMMERCIAL 21 AC� ti f� 52 AC r r 1 nE'D S1�ASA ' f 4NSIC N C- rDewberry all V" Jabot ftr17 M". HmUdWa f. fait C. Alnoh"W. 9A WWI /�� • ft*w 50.898.8400 Fns U9.878.2703 � / ( t �i t_ vaedeabers)•oom Attachment C — CPP . Existing CPP Exhibits DRAFTED DLF CHECKED AERIAL PHOTOGRAPH MJc - ROUND HILL CENTER/ Dewberry & Davis LLC NATIONAL LUTHERAN HOME DATE SCALE 611 WEST JUGAL EARLY DRIVE 1 "-2,000' WINCHECHESTER, VA 22601 GAINESBORO DISTRICT MAY 2006 PHONE: 540.678.2700 FREDERICK COUNTY, VIRGINIA FAX:540.678.2703 PROJ. NO. EXHIBIT www.dewberry.com 10028350 2 F ROUND HILL CENTER ! f _LL LL ' L LL, LL LLLL__. »� LLLLLL LLLLLLLLLL _LLLLLLL LLQ LLLLLL -LLLLLL LLLLLL_LLL _ : LLLLL LLLLLLL�LL LL LLLLLL LLLLLLLLLLLLLL' 1 LLLL %,. LLLLLL\ LL LLLLLL -,-L:-,- y/ LLLLLL- LLLLLLLLL,_ . g�.LI.LL L LLLLLL LL LLLLLL 3 1 LLL WINCH TE , �> iR I p �_L L L_.- Dry LL I L l LL. L XA_LLQ ZONING M" LEGEND z� RA RURAL AREA DISTRICT `Li s _ L RP RESIDENTIAL PERFORMANCE DISTRICT LLLL-. _LLL,- L ;-.I_- LLL' _ R-4 RESIDENTIAL. FSI ANNED COMMUNITY LLLL_LLLLL L. LLLLLL LLLLLL - LLLLLL_ R-5 RESIDENTIAL, RECREATIONAL COMMUNITY hl -J-LL' LLL LLL _ u 1_ MH -1 MOBILE HOME COMMUNITY DISTRICT _LLL. _ B-1 BUSINESS, NEIGHBORHOOD DISTRICT E Ll-LLT /L B-2 BUSINESS, GENERAL DISTRICT / ;•' q R I° t B-3 INDUSTRIAL TRANSITION DISTRICT %n M-1 INDUSTRIAL, LIGHT DISTRICT M--2 INDUSTRIAL, GENERAL DISTRICT Ij EA EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT 7� ' l j G Y CITY LIMITS 7E I `� y I N O URBAN DEVELOPMENT AREA k PRIMARY STATE HIGHWAYS � m SECONDARY STATE HIGHWAYS PRIVATE ROADS cALIR " CURRENT ZONING MAP DRAFTED CHECKED Dewberry ROUND HILL CENTER/ MJC DLF Dewberry & Davis LLC NATIONAL LUTHERAN HOME DATE SCALE 611 WEST JUBAL EARLY DRIVE 1 "=5,0001 BLDG B, SUITE C GAINESBORO DISTRICT MAY 2006 WINCHESTER, VA 22601 PHONE: 540.678.2700 FREDERICK COUNTY, VIRGINIA PROD. NO. EXHIBIT FAX: 540.678.2703 www.dewberry.com 10028350 SA Round H < / Urban Development Area Frederick County Dept of Plnnning &Development County Streets 107 N Kent St., Suite sot #"�t/ Primary Roads NOTE: Winchester, VA 22601 SWSA Expansion Y C 540:665.56b1 Secondary Roads Approximately 251 Acres p...� r�... A EXD an s l p � www.CO.FREDEMay 12, 2006 Terclary Roads May Winchester city Roads Feet 0 650 1,300 2,600 3,900 5,200 104.. 41 A Sc5 •( , - I? Round Hili 82 A 28 •' 1 , • , Community 41 A ,70 ^ 42 A 180 22.6 ac. c' , - _ 105.2Bec. 62 A , p, sa 274.16 ac. ' 7 Sea Land Use Plan Total Study Area S2 A 41 3.66 ee. ,� t• ` ?L ' , - I 3 156.87 ao. , 52 pc_. - [ J 53 A , - 1180 Acres t • • _ .' f� J ! , a4 2A B 96.69 ac. 56 a 53 _ o''96.6 ry 'lag �. 53 A 69 F. �, dpo r f t (Feet q 120.9 ac. � � ao t ® � 0 750 1,500 r hQ .• p �.✓m� ✓�,' ag. i �/ � w4$ c� .riy `'3}3°� '`° �kyca ,+ Proposed Traffic Signal 4C $� 52 A 92A Proposed Collector Roads Phase 1 - 110acres • ' ud rrt rM ' Phase 2 - 180acres .e A�== Phase 3 - 300acres 1�g :> Y f o a � SVVSA Streets Primary Roads m r. s? ' 'b J4.2 22 Secondary Roads Terciary Roads ^>ee23F y ,y y Winchester City Roads . P _ - C•... _ y.• a .. 52 A 124 railroads an>? 116.68 as 52 A 261 ` I / Va ~ s Lakes 136A r2 - Streams Parcels a a r 53 A 9e " rV `l y Urban Development Area • • ' �• 52 A 256 235.1 ae. •� ' . Community Centers 00. 425.9 ac. •-i+ ,1 ,. Frederick County Dept of 52''A 313A 4 `j '• . n ` 112.asac. A� Planning & Development 305.43 aco P 3,0 •`,,� i \ . , %- N x! •♦ 107 N Kent St •fit' ! •' ; Winchester, VA 22601 WWW.CO.FREDERICK.VA.US ' • { � ,sem'. ' S y'.o� June 1996 1>.0 , +u' Y�°6� 53 A 92A ASac. c v' ? 'q a 146.84... Updated as of May 12, 2006 Attachment D — CPPA Adjacent Owners Round Hill Center/ National Lutheran home Adjacent Property Owners List 1PARCEL # OWNERS NAME OWNERS ADDRESS 41 A 170 Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 52 A B Winchester Warehouse, Inc. & P.O. Box 2040 Silver Lake, LLC Winchester, VA 22604 52 A 44 Robare, Christopher E. & Mary C. 425 Poorhouse RD. Winchester, VA 22603 52 A 45 Driver, Bradley B 445 Poorhouse RD. Winchester, VA 22603 52 A 46 Burley, Laura C 479 Poorhouse RD Winchester, VA 22603 52 A 46A Molden Real Estate Corp. 2400 Valley Ave. Winchester, VA 22601 52 A 47 Carpenter, Robert N. 516 Poorhouse RD Winchester, VA 22603 52 A 48 Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 52 A 49 Fruit Hill Orchard Inc. P.O. Box 2368 Winchester, VA 22604 52 A 51 Black, Roy J & Donna D 106 Arrowhead TRL Winchester, VA 22602 52 A 51A Spaid, Jeanne A. & Robert E 2478 Northwestern Pike Winchester, VA 22603 52 A 53 Turner, Bernard L & Carolyn R 2578 Northwestern Pike Winchester, VA 22603 52 A 56 Bayliss, James A P.O. Box 1816 Winchester, VA 22604 52 A 57 Haines, Philip C & Diana N 675 Poorhouse RD Winchester, VA 22603 52 A 58 Verret, Roy A & Betty C P.O. Box 283 Winchester, VA 2260 52 A 59 Western View Properties, LLC 675 Poorhouse RD Winchester, VA 22602 52 A 6013 Truong, Dawn & Hua, Sang V 109 Fishers Hill CT Stephens City, VA 22655 52 A 61 Groves Family Enterprises, LLC 2754 Northwestern Pike Winchester, VA 22603 52 A 64 Nichols, Cassandra L 373 Poorhouse RD Winchester, VA 22603 52 A 65 Cochran, Charles E Jr. & Mariam G 208 Fox DR Winchester, VA 22601 52 A 66 Anderson, Garland Scott 104 Exmoore CT Stephens City, VA 22655 52 A 68 Shell, Donnie L & Marilyn J 328 Poorhouse RD Winchester, VA 22603 52 A 69 Wallace, Tonic M 1160 Jordan Springs RD Stephenson, VA 22656 52 A 72 Emmanuel Baptist Church 2774 Northwestern Pike Winchester, VA 22603 523 1 Bauserman, Joseph Stephen 383 Poorhouse RD Winchester, VA 22603 5232 Cochran, Charles E Jr 208 Fox DR Winchester, VA 22601 523 3 Labrozzi, Joseph A & Labrozzi ,Stacie M 403 Poorhouse RD Winchester, VA 22603 5234 Merritt, Larry D & Susan D 413 Poorhouse RD Winchester, VA 22603 53 A A Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 53 A 69 Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 53 A 70 Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 Attachment 1 (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 I STATE OF VIRGINIA COUNTY OF FREDERICK This 1st (Day) I David Frank day of June 2006 (Month) (Year) (Owner/Contract Purchaser/Authorized Agent) hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. (1 f& ontract Purchaser/Authorized Agent) (circle one) COMMONWEALTH OF VIRGINIA: County of �� 1 Subscribed and sworn to before me this day of in my County and State aforesaid, by the aforenamed Principal.... - f., -NOTARY PUBLIC My Commission expires:i OFFICIAL SEAL APRIL LAUDE -R County of wa rmr, I My Commissbn Exvir i,, April 30, 2009 4 #06-06 CLEARVIEW +� VDA Long Range Planura® Institutional C p PA # 06 _ 06 �SWsq Rural Community Canter ftilrf Recreation Road Network Rasidaneial Hismd�t DsA ^i PrimaryR..d. Business ®Mi.—Uae Clearview ^/ Secondary Roads Indus>ial ® Planned Unit Deaempment W. iV Tertiary Roads 40CPPA2006 UDA Expansion ( Residentiai) Created DFretledck M County y E .+1 Wnchester City Roads Planning epadmew ups June 2W6 �^^ Fulura RT37 Bypass 130 acres 0.050.025 0 0.05 0.1 0.15 0.2 Miles COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: Gary_ L. and Pamela L. Payne 2. Project Name: Clearview 3. Mailing Address: P.O. Box 121 Stephenson, VA 22656 4. Telephone Number: (540) 662-4957 Authorized Agent Information: 1. Name: PAINTER-LEWIS, P.L.C., John C. Lewis, P.E. 2. Project Name: Clearview 3. Mailing Address: 116 South Stewart Street Winchester, VA 22601 4. Telephone Number: (540) 662-5792 B. Legal interest in the property affected or reason for the request: The property owners request the Comprehensive Policy Plan be amended so as to include the subject property in the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). C. Proposed Comprehensive Policy Plan amendment - please provide the following information. 1. FOR A MAP AMENDMENT: a. GPIN(s): 43 -((A)) -75,,44-((A))-1, 44 -((A)) -3,44((A)) -3B Magisterial District: Stonewall b. Parcel size (approximate acres): ± 130 acres (total) Plat of area proposed for CPPA amendment, including metes and bounds description. See Attachment A. d. Existing Comprehensive Plan land use classification(s): Rural area e. Proposed Comprehensive Plan land use classification(s): Mixed use f. Existing zoning and land use of the subject parcel: RA, Rural Area District, residence and agriculture. g. What use/zoning will be requested if amendment is approved? RP, Residential Performance District. h. Describe (using text, photos, and maps as necessary) the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of are within: • 1/4 mile from the parce](s) perimeter if the parcel is less than 20 acres in size; • '/2 mile if 21 - 100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department. The site is bordered to the south b Fairview, a rural subdivision containing roximately 25, five acre residential lots. This subdivision is fully developed. To the west is a riculturaI land and additional large residential lots. The VDOT Virginia Welcome Center on interstate 81 borders the site along its eastern boundary. Additional agricultural land and a few residential lots are located along the north east boundary. W iverly Farm a rural reservation subdivision is planned for the vacant land aloe the northern boundary of the site. All adjoinin land is zoned Rural Areas. Pleasereference Attachment B and Attachment C. The name, mailing address, and parcel number of all property owners within 200ft. of the subject parcel(s), with Adjacent Property Owners Affidavit (page 6). See Attachment D 2. FOR A TEXT AMENDMENT a. Purpose and intent of amendment. To permit parcels partially within, or adjacent to the UDA/SWSA to be incorporated into such districts, as well as other areas that can offer development which meets or improves provision of public services. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. Chapter 6, Confine urban forms of land development to the Urban Development Area. Chapter 6, Planned Communities Proposed new or revised text. Concentrate urban forms of land development to those areas within the UDA/SWSA, those parcels immediately adjacent thereto or partially incorporated therein and other areas that can offer development which meets or improves provision of public services, to manage growth and ensure quality development and diversity in housing opportunities. Planned Unit Developments (PUD,) and other similar types of concentrated development are permitted throughout the Urban Development Area, and in the rest of the County, where there is access to adequate water and sewer and the development's qualities offset or exceed other costs to the County. Uses listed as conditional in the RP district should be permitted by right in PUD developments. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. Permitting inclusion of adjacent parcels and parcels partially within the district, the proposal will permit manageable growth in those areas designated for and anticipated for development. Inclusion will allow development of land according to the characteristics of the land and the facilities already available. The inclusion will also promote competitive market development within the UDA and provide for a diversity of locations and suburban housing types. This amendment will also permit more opportunities for PUDs which reduce traffic impacts throughout the County, by providing services to both the new developments and the existing adjacent developments. Finally, in accordance with the Comprehensive Plan, "Growth within the UDA needs to be continuously monitored to determine the need for new or expanded facilities as well as for expansion of the UDA itself." e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. The proposals are internally consistent with the Historic Environmental Community Facilities and Parks and Recreation components of the plan, because developments would still be subject to those components. The prvposalS are consistent with the Population and Housing goals as they would permit a variety of housing types and locations to meet the varied needs and income levels of the County's population As sewer and water are already adjacent to the sites, there would not be an increased cost of providing services. Proffered development standards would offset other expenditures of other assets by the County. The increased supply of housing and housing types would reduce the market costs of housing available to residents. Additional housing and the commercial or industrial aspects of PUDs would promote the economy by providing more opportunities for business and employees to locate in the County. The transportation component of the plan would benefit by roads which are improved to support the developments as well as promoting walkable communities in which vehicle trips are reduced as necessary services are collocated with the neighborhoods. 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The subject parcel has access to sewer and water lines and is located between the existing UDA and the commercial development planned for the western side of the Clearbrook interchange its inclusion in the UDA is a reasonable progression of the UDA's expansion. The pro osed use of mixed residential is the best use for the area based on generating positive fiscal impacts for the County while meeting market needs. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public facilities. Based on a proposed use of an age restricted residential community, the benefits of the proposed change would include; accessibility to Interstate -81 and significant secondary routes no negative fiscal impacts on the county school system providing significant recreational amenities as a supplement to the public park system creating a positive tax revenue stream to Frederick County through real estate taxes and accessibility to water and sewer is more environmentally compatible than the installation of private wells and on-site sewage disposal systems. This lype of development represents the highest and best use for the land. Other information as may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 7 if parcels of land are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment requests. Attachments Attachment A — Property Plat Attachment B — Location and Land Use Map Attachment C —Adjoining Properties Map Attachment D — Property Owners and Owner Affidavit Signatures: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): �/1% Z Date: l lob Date: Owner(s): C �� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Prese • That I (We) (Name) 1pd'r �' � X k- (Phone) (Address) iso • 6 e44 5 ok,) �� 5 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by Office of the Circuit Court of the County of Frederick, Virginia, by SGS r3 S3 instrument No. 96'7 on Page 5 a 3 , and is described as '7S /7. Y3 Parcel: Lot: 3—Block: h Section: Vy Subdivision: do hereby make, constitute and appoint: recorded in the Clerk's (Name) ('a l n r Lt litJ (Phone) 516 (l/ (O - P -N 3 (Address) I �}eWCtrt St- Wi nGheSf a', VA �ZLo70� To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan V Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set mv_ (our) hand and seal this � day of k i , 200 , Signature(s) State of Virginia, City/County of F11A�mA LS.1 , To -wit: 1, V i1 l Wtt.. C1- Cf�:S , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this i2 day of(", 200. Commission Expires: 1 l tary Public SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This t�z 6.4%- day of (Day) �] (Month) (Year) 1, 'Ot C (OWner/Contract Purchaser/Authorized Agent) hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. (Owner/Contract Purchaser/Authorized Agent) (circle one) COMMONWEALTH OF VIRGINIA: County of FAJ-AV1A.,JC Subscribed and sworn to before me this 2 day of aCOG in my County and State aforesaid, by the aforenamed Principal. AA TARY PUBLIC My Commission expires: 10-31-0-� OWNERS OF PROPERTIES WITHIN 200 FEET Tax Map # Owner of Record Mailing Address 352 DeHaven Dr. 32- ((13))-15 Messick, Roger D. Clearbrook, VA 22624 234 Waverly Road 33-((A))-69 Waveryly Farm, c/o Ken Stiles Clearbrook, VA 22624 205 View West Lane 43 -((A)) -75A Stonestreet, Jimmy Blair & Patsy L. Clearbrook, VA 22624 Post Office Box 160 43-((7))-5 Payne, Oliver L. & Ruth L. Stephenson, VA 22656 Post Office Box 121 43-((7))-6 Payne, Gary L. & Pamela L. Stephenson, VA 22656 Post Office Box 160 43-((7))-6A Payne, Adam T. & Melissa L. Stephenson, VA 22656 Post Office Box 234 43-((7))-7 Pin le , Brian W. & Sarah B. Stephenson, VA 22656 163 Shirley Court 43D-1-2-10 Kimble, Patrick & April Winchester, VA 22602 166 Shirley Court 43D-1-2-11 Plummer, James F. & Wanda J. Winchester, VA 22602 101 Evans Farm Lane 43D-1-2-12 Klline, Daniel W. & Brenda S. Winchester, VA 22603 135 Evans Farm Lane 43D-1-2-13 Mullins, Gary R. & Dorene Y. Winchester, VA 22603 Helsley, Wesley I. Sr. & Tena Post Office Box 1924 43D-1-2-14 Helsle , Melissa Winchester, VA 22601 162 Moreland Lane 43D-1-2-15 Moreland, Robert L. Clearbrook, VA 22624 Post Office Box 2249 44A -((A)) -3A Virginia Department of Transportation Staunton, VA 22402 162 Moreland Lane 44A -((A)) -80B Moreland, Robert L. & ShirleyIrene Clearbrook, VA 22624 Attachement D 3 7'3.24'14' 32414' 83 \ h �0 ? d. PIN 43-A-75 a 19.50 ACRES DB 552 PG 133 � \ 2 S / N 4555'50" W q� 197.61' ±130.07 PIN 37`A- 69 INST. 00, 0006 9,i \�341p\,3j PIN 44-A-1 31.35 ACRES 08 895 PC 1353 A/ I ,�� PIN 44-A-3 �y > 65.25 ACRES DD 895 PG 1353 (TOTAL) PIN 44 -A -3B / 13.97 ACRES DB 907 PG 523 e \ N\L ry co MOR" -LA D S 79°44'54" E ANF /m Ay SF, 199.91' L50'l.E. 'cb- IN 27o 7. /N 01�P �P�qy �3D-1-2 11 �6 cP� cP O� HOWDA >\ g �„� X62° s��' �Z 9S7"' mac' G� ea S�NSH/p 17``643 3 NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE THERE MAY BE ENCUMBRANCES OR EASEMENTS THAT ARE NOT SHOWN HEREON. 2. BOUNDARY INFORMATION SHOWN HEREON IS BASED ON DEEDS AND PLATS OF RECORD; NO FIELD RUN BOUNDARY SURVEY IS IMPLIED. i P7 N "c' yy�oJC P� X, 5� 500 0 500 1000 SCALE: 1 " = 500' COMPOSITE PLAT OF THE LANDS OF GARY L. PAYNE and PAMELA L. PAYNE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ATTACHMENT A DATE: 0512612005 1 SCALE: 1”=500' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOLIDOLIN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.wm DWG NAME: ID6707 CURRENT ZONING -DATA: 62 (Business, General District) 82 (Industrial Transition District) EM (Extractive Manufacturing District) Mt (industrial, Light District) M2 (Industrial, General District) MW (Mobile Home District) RA (Rural Areas)* RP (Residential Performance District) *All areas not otherwise designated. PROPERTY DATA: Tax Map # 43–A-75, 19.50 acres Tax Map 44–A-1, 31.35 acres Tax Map # 44–A-3, 65.25 acres Tax Map A 44–A -3B, 13.97 acres Total Property Area: 130.07 acres Existing Zoning: RA Existing Use: vacant Proposed Zoning: RP Proposed Use: Age Restricted Housing Surrounding Zoning: RA Surrounding Land Use: residential, agricultural U DA 1250 0 1250 o� scale 1' = 1250 ft weut— 0. 8Y 67 BM 7111M-dewa M.H.P. t 602 M.H.P. — CDO�CQO LLJ AN mz -_ -- wry Ar 0 <XW Q_ LL. IL ,o, Cal LLA 't— cc 5 95 TEP ON a PhL .. �, �. _.�:: PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax.: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com May 30, 2006 RE: PREAMBLE TO COMPREHENSIVE PLAN AMENDMENT REVIEW The Comprehensive Policy Plan Amendment Application is general in nature. The application fails to establish the criteria upon which an amendment will be considered acceptable to Fre- derick County. An amendment must be judged by demonstrating the potential to have a posi- tive impact on Frederick County. Revisions to the Comprehensive Plan Amendment process should establish a more defined application and review process with specific parameters or goals, which if met, form the basis for a successful amendment. The county should establish design and performance standards against which to measure the viability of each application for land use or text amendment change. These should be standards by which each project may be judged by the Frederick County Planning Commission and Board of Supervisors, thereby providing applicants reasonable expectation of project success. It would be beneficial to the county to define the circumstances under which a plan amend- ment would be acceptable to the Board of Supervisors. There is an impression among some in the development community that changing the UDA/SWSA must wait upon a complete study of the project area by the Planning and Development staff. While this approach has merit, it misses an opportunity to allow professional land planners, traffic engineers, and pri- vate land owners to supplement the comprehensive planning efforts of the county to plan for the growth of Frederick County. County staff does not have the funding or resources to pro- vide more than general plans for broad areas of the county. Section 6, page 1 of the CPP states "As planning efforts continue, more specific concepts will be developed for interchanges, rural community centers and other areas. Such plans will combine planning for land use with planning for roads and facilities." It should be incumbent upon private land owners to provide the detailed planning for development of these areas. Not only is staff challenged to provide comprehensive planning services for the entire county, but once a planning area receives a comprehensive plan designation, it is only a matter of a few years before circumstances change and these plans must be updated. These circum- stances include changes in market forces, demographics, water and sewer availability, envi- ronmental regulations, as well as political attitudes (CPP, pg. 6-6 "Growth within the UDA needs to be continuously monitored to determine the need for new or expanded facilities as well as for expansion of the UDA itself."). This condition presents an added financial burden to the county planning and development department. There is also a perception among the residents that the county will facilitate the extension of water, sewer, and transportation facilities to serve existing and future commercial and resi- dential developments within the UDA/SWSA. The Board of Supervisors made very clear at the public hearing on the expansion of the SWSA to the Round Hill area that private devel- opment money must extend sewer and water lines to serve the Round Hill area. Neverthe- less, there will remain the perception that the county is in some way responsible to facilitate Page 1 PAINTER-LEWIS, P.L.C. PREAMBLE TO COMPREHENSIVE POLICY PLAN AMENDMENT RE\tiEW the extension of those lines. The Comprehensive Plan Amendment process should require that the means by which sewer and water service is to be extended to a project area be spe- cifically addressed. The amendment process should have two steps. The first step is to establish the goals of an amendment that conform to county criteria for acceptance of an amendment and deem it suitable for the second step. The financial commitment by a private landowner will be limited by the requirements of the first step. These goals should take on the form of a check list of items derived from the goals contained in CPP Section 10. Specific objectives of amend- ments to the Comprehensive Policy Plan should include: • Provide for orderly development (smart growth) outside the current UDA/SWSA. • Provide development which has a positive fiscal impact on the county. • Encourage the use of current, proven (new urbanism) development and planning tools. • Supplement planning resources for the county with private planning resources to focus broad planning efforts to site specific efforts. • Maintain strict county control over future development. • Adhere to the Comprehensive Policy Plan. • Provide a positive fiscal impact to the county. Upon acknowledgement by the county that the stated amendment goals are in conformance with established standards, the second step is to provide the detailed planning necessary to confirm that the stated goals of the amendment will be met. The financial commitment by a private landowner will increase during the second step. In many instances involving land de- velopment, it makes sense to provide a mechanism by which the substance of the informa- tion presented with the second step in this process includes the Comprehensive Policy Plan Amendment, the Rezoning Application, and a Preliminary Master Development Plan. The Rezoning Application and the MDP are critical components of the planning necessary to demonstrate the highest and best use of the land. These components will address such things as: • A plan for the extension of water and sewer; • Time tables/standards for project performance, that is, providing the county with a schedule of opportunities to review certain projects to gauge associated fiscal impacts and to alter the projects as necessary to meet the original project goals; • Impacts currently required in the rezoning process; By providing a mechanism by which these three applications follow in close sequence, an atmosphere of complete cooperative planning can be established wherein the county review agencies monitor and review the planning efforts of the private landowner. The county main- tains control over the ultimate form of development while the private sector bears the financial burden of professional planning services. Review agencies and private landowners will work cooperatively to provide beneficial development within Frederick County predicated on the acceptance of the project which was provided by the Board of Supervisors at the first step in the process. File: 0510009 Page 2 PAINTER-LEWIS, P.L.C. #07-06 " IF -HE GROOVE ' UDA Long Range Plan (�D Institutional C p pq # 07 - 06 SWSA Rural Community Conte, � S'k Recreation Road NetworkResiden5al Histodc\DSA ^� primary Reads—I' Business ®Mixed-Use The Grove Secondary ReadsIndustrial Planned Unit Development C�eatetl by Frederick County .Tertiary Roads 40CPPA2006 UDA Expansion (Residentiai) Planning Department w �[ une 2066 ! ` ' Winchester City Roads 1/u// Future RT37 Bypass 320 acres 0.01 0 035 0 0.07 0s.14 0 21 028 Miles COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner(s) Information: 1. Name: EFG INVESTMENTS _L.C.; EUGENE F. GROVE, JR. 2. Project Name: THE GROVE 3. Mailing Address: 340 W. PARKINS MILL ROAD WINCHESTER VA 22602 4. Telephone Number: Authorized Ajent Information: 1. Name: Technical Olympic, USA, Inc., c/o Thomas Moore Lawson, Esquire 2. Project Name: THE GROVE 3. Mailing Address: P. O. Box 2740 WINCHESTER, VA 22604 4. Telephone Number: (540.665-0050 B. Legal interest in the property affected or reason for the request: Owners; Incorporation of Parcels into the UDA/SWSA, Rezoning to RP/PUD zoning C. Proposed Comprehensive Policy Plan amendment - please provide the following information. 1. FOR A MAP AMENDMENT a. PIN(s) 905318483300 905216012400 904109157700 903179464200 901296734200 901255713200 903235081000 (65A79B) 903552331900, 903520753100 903403620800. Magisterial District: RED BUD b. Parcel size (approximate acres): 325 acres C. Plat of area proposed for CPPA amendment, including metes and bounds of description. d. Existing Comprehensive Plan land use classification(s): RA - partially within SWSA & UDA e. Proposed Comprehensive Plan land use classification(s): Residential Performance f. Existing zoning and land use of the subject parcel: Rural Area Fallow Agricultural g. What use/zoning will be requested if amendment is approved? Residential Performance h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of properties that are within: i 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size: • 1/2 mile if 21 - 100 acres in size; or • 1 mile if more than 100 acres in size. Note: Colored maps cannot be duplicated in the Planning Department SEE ATTACHED The name, mailing address, and parcel number of all property owners within 200 ft. of the subject parcel(s), with Adjacent Property Owners Affidavit (page 7). SEE ATTACHED 2. FOR A TEXT AMENDMENT a. Purpose and intent of amendment. To permit parcels partially within, or adjacent to the UDA/SWSA to be incorporated into such districts, as well as other areas that can offer development which meets or improves provision of public services. b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. Chapter 6, Confine urban forms of land development to the Urban Development Area. Chapter 6, Planned Communities C. Proposed new or revised text. Concentrate urban forms of land development to those areas within the UDA/SWSA, those parcels immediately adjacent thereto or partially incorporated therein, or under common ownership with parcels within the UDA/SWSA, and other areas that can offer development which meets or improves provision of public services, to manage growth and ensure quality development and diversity in housing opportunities. Planned Unit Developments (PUD,) and other similar types of concentrated development, are permitted throughout the Urban Development Area and in the rest of the County, where there is access to adequate water and sewer and the development's qualities offset or exceed other costs to the County. Uses listed as conditional in the RP district should be permitted by right in PUD developments. Note: Please attach and specify text changes with additions underlined and deletions crossed through. d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. Permitting inclusion of adjacent parcels and parcels partially within the district the proposal will permit manageable growth in those areas designated for and anticipated for development. Inclusion will allow development of land according to the characteristics of the land and the facilities already available. The inclusion will also promote competitive market development within the UDA and provide for a diversity of locations and suburban housing types. This amendment will also permit more opportunities for PVDs which reduce traffic impacts throughout the County, by providing services to both the new developments and the existing adjacent developments Finally, in accordance with the Comprehensive Plan, "Growth within the UDA needs to be continuously monitored to determine the need for new or expanded facilities as well as for expansion of the UDA itself." e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. The proposals are internally consistent with the Historic, Environmental Community Facilities and Parks and Recreation components of the plan, because developments would still be subject to those com onents. The proposals are consistent with the Population and Housing goals as they would permit a variety of housing types and locations to meet the varied needs and income levels of the County's population As sewer and water are already adjacent to the sites, there would not be an increased cost of providing services. Proffered development standards would offset other expenditures of other assets by the County. The increased supply of housing and housing t es would reduce the market costs of housing available to residents. Additional housing and the commercial or industrial aspects of PUDs would promote the economy by providing more opportunities for business and employees to locate in the County. The transportation component of the plan would benefit by roads which are improved to support the developments as well as promoting walkable communities in which vehicle trips are reduced as necessary services are collocated with the neighborhoods. 3. FOR ALL AMENDMENTS a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is being proposed. The chane to the Comprehensive Plan is being proposed so that a consistent development pattern can be continued, allowing a physical and community connection between SensM Road and Sulphur Spring Road. Amendment of the Comprehensive Plan will permit parcels and portions of parcels which have been excluded from the districts to be included so that there is a consistent pattern with neighboring properties The inclusion of the property in the UDA and SWSA which border and incorporate portions of the property, provides for consistent treatment of the parcels. All of the parcels in question are located within the belt line of the proposed Route 37. How would the resultant changes impact or benefit Frederick County. Consider, for example, transportation, economic development and public facilities. The resultant changes would benefit Frederick County by allowing an additional north/south connector between Senseny Road and Sulphur Spring Road reducing traffic on Greenwood Road. Development plans for the property include neighborhood commercial development, residential development nei borhood recreation, and a school site. The commercial and residential components would _ate �,-- ^-----�--'- base. ,- - - add to the County's tax base. including commercial development within the community will also eliminate trips outside of the community, reducing impacts to roads. With the inclusion of development proffers outlined by the County, the development would not have a negative tax impact on the County. Similarly, the provision of on-site recreation would reduce demands on County facilities and a school site would assist the County with land acquisition. Other information may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during the review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Limited Power of Attorney Affidavit (see page 8 if parcels of land are involved). 2. Application Review Fee of $3,000 (payable to the Frederick County Treasurer). Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment requests. Signatures: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) hereby certify that this accurate to the best of my (our, Applicant(s): 6-1� Owner(s): n and its accompanying maters is are true and p =� l) i' Date: 1 1 - Date: i •• Date: OWNERS OF PROPERTY WITHIN 200 FEET NAME PROPERTY ID # Malone, Charles R. & Judith K. 901218493300 Partlett, JoAnne 901300936400 Shuman, John E. 901301026400 Rudy, Glenn B. 901231924900 Chapman, Donald L. & Janet L. 901250248700 Grove, Sandra L. 902266909200 Turner Enterprises, LLC 900276005200 Shuman, John E. 900395528400 Greenwood Farm, LLC 901447286600 Turner Enterprises, LLC 65 A 86B Yeatras, George S. & Peter S. 903029605700 Smith, Lula M. 904119656100 Smith, Lula The County of Frederick 903298080700 904087390200 County of Frederick 905174707900 Frederick County, VA 905164512500 Frederick County Board of 905191262500 Putman, Roy 905193853600 Martin, Chester E., Jr. 905197764800 Lambert, Edwin L. 906250335100 Burrier, Harry D. & Mary Kathryn 906257515800 Corbin, Gloria C. 906352640700 Quinnelly Group, LLC 907422405100 Quinnelly Group, LLC 906533222900 Anderson Farm, LLC c/o Barbara M. Hummer 902634615700 Franklin, Lewis F., Jr. 904469928700 Attia, Hesham F. & Khalifa, Naglaa S. 905408521900 Molden Real Estate 904540091500 Riggleman, Edgar F. & Joan 904551842200 Reed, Clifford Paul Sr., & Janet 904514602500 Edwards, John M. II & Nichole L. 904504886800 Donahue, Paul Robert & Alice J. 904505228400 Paserba, John J. 903595762400 Sealock, William C. 903596102000 West, Esther C 903586534900 Linaburg, Franklin E. & Christine K 903576975600 Kerns, Stacy Rae et als 903577319900 Crim, Celeste Y. 903567658200 Baker, Steven Raymond 903537796400 Dunn, Charles E. & Patricia A. 903558303800 Dunn, Charles E. & Patricia A. 903557977800 Giles, Robert A. & Alice L. 903518397900 ------------- Giles, Robert A. & Alice L. 903519472000 Brill, Donald W. 1903538874700 THE GROVE There are various uses and zonings within one mile of the parcels comprising The Grove. Zoning classifications within one mile of the property include B-2 General Business District, M-1 Light Industrial District, R-4 Residential Planned Community District, RP Residential Performance District, MH -i ivlobiie Home Community District, and RA Rural Area District. Also located within one mile of the property is the Frederick County Landfill, Route 50, and the proposed route of Route 37. Approximately 50% of The Grove is located within the County's Urban Development Area ("UDA") and Sewer and Water Service Area ("SWSA"). The property is bounded on the east and north by Residential Performance use and zoning. To the west and south, the property is bounded by Rural Area use and zoning, including the landfill. There is substantially dense residential development to the east and north of the property. Various commercial and industrial uses exist and are expanding along the Route 50 corridor. Expanding the UDA and SWSA to include this site will permit an integral connection between Senseny Road and Sulphur Spring Road, and allow for a North South connection prior to the completion of proposed Route 37. This expansion will also permit parcels partially within the UDA and SWSA to be included in their entireties within those areas, as well as adjacent parcels under common ownership. Attachment I (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick County Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This S� # day of —J -t r (Day) (Month) I, EFG Investments L.C., and Eugene F. Grove, Jr. (Owner/Contract Purchaser/Authorized Agent) 2 0D �" , (Year) hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. �F r (Owner/Contract Purchaser/Authorized Agent) ircle one) (O er/Contra t Purchaser/ uthorized Agent) (circle one) COMMONWEALTH OF VIRGINIA: County of -ti., Subscribed and sworn to before me this day ofin my County and State aforesaid, by the aforementioned Principal. (14 o?. NOTARY PUBLI My Commission expires:v��/ COMMONWEALTH OF VIRGINIA: 1 County of r-ffr (i i Subscribed and sworn to before me this day of Zcdb in my County and State aforesaid, by the aforementioned/,/Principal. NOTARY PUB V C My Commission expires: _ Y � 0 Attachment 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Known All Men By Those Present: That I (We) (Name) EFG Investments L.C. and Eugene F. Grove Jr. (Phone) 540 667-7598 340 W. Parkins Mill Road, Winchester, VA 22602; 320 Victory Road Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No DB 955, Pg 724; DB 954, Pg 1574; Inst. # 27519 Inst. #27520 on Page , and is described as Tax Parcels 65-A-72; 65-A-73; 65-A-76; 65-A-77° 65-A-80. 65 -A -82;65-A-79_; 65-A-7913; 65-1- B;65-1-BI65-1-C do hereby make, constitute and appoint: (Name) Thomas Moore Lawson (Phone) 540 665-0050 (Address) P.O. Box 2740, Winchester, VA 22604 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: - Rezoning (including proffers) - Conditional Use Permits - Master Development Plan (Preliminary and Final) - Subdivision - Site Plan - Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I Signature(s) Signature(s) State of Virginia, City/County of my (our) hand and seal this 2 day of J cA np , 200, 6 To -wit: r,&—A �� ]�GG cF�C t a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this af— day of * k(�e , 2 G A4",7 My Commission Expires: Public State of Virginia, City/County of To -wit: " %( a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) w signed to the foregoing instrument personally appeared before me and has ac owledged the same before me in the jurisdiction aforesaid this ),�t day of 200 My Commission Expires: Notary Public Urban Engineering & Associates, Inc. 210 FRONT ROYAL PIKE WINCHESTER, VA 22602 J. EDGER SEARS, JR., PE., C.L.S., R.L.A. Principal BARRY B. SMITH, PE. Fri 'Pat ERIC S. SIEGEL, P.E. Principal DAVID T. McELHANEY, PE. Principal JEFFREY. GILLILAND, P.E. Principal BRIAN A. SEARS, PE. Associate SULPHUR SPRINGS DEVELOPMENT GROVE PROPERTY SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA TOTAL SITE ACRES = 317 EXISTING SWSA ACRES = 155± EXISTING UDA ACRES = 178f PROPOSE ADDITIONAL SWSA ACRES = 162f PROPOSE RESIDENTIAL IN ADDITIONAL SWSA ACRES = 103 PROPOSE ADDITIONAL UDA ACRES = 139 PROPOSE RESIDENTIAL IN ADDITIONAL UDA ACRES = 100f J ANGI M • PLANNERS • LANDSCAPE ARCHITECTS 1-1 • Tel: (540) 450-0211 Fax: (540) 450-0210 PHILLIP A. BLEVINS, L.S. Associate DAVID E. LELLOCK, EE., L.S. Associate RYAN G. DAVID, EE. Associate SURVEYORS VICINITY MAP — IOUTE #855 0' 300' 60O' 900' 9CAIS i' .900' 0 _o N a v 0_ ------ ----- ------- ----------- ------ ----------- Y_ b 'Lu Is 0 y. 41 El: -0 Lu U) :cr 6"N -Q IN -2� ------------ ----------- CONCEPTUAL PLAN Urban Engineering & Associates, Inc. L.11, ­ A -11,— Plannm CMIE",—, -11,_ 772L­­­� S I., iJ ULIlHu SPR FRING ROAD (PROP OSEOWRIM � "//' 7 'E POSSIBLE Mv.-I., ACCESS POINT "7,5----------- -7, �7,' ---- --- EXISTING----- THE GROVE Wind,-, Virginia r % EXISTING bYVALIMIlb 1.IDA LIMITS I",", JDA & SWSA _. LIMITS - - - - --- LEGEND POSSIBLE •21 F__1 -ACCESS POINT z DEACCESS POINT 0 ALLEGHENY POWER CO. r--OVkA- r ....... n cr 'Lu Is 0 y. 41 El: -0 Lu U) :cr 6"N -Q IN -2� ------------ ----------- CONCEPTUAL PLAN Urban Engineering & Associates, Inc. L.11, ­ A -11,— Plannm CMIE",—, -11,_ 772L­­­� S I., iJ ULIlHu SPR FRING ROAD (PROP OSEOWRIM � "//' 7 'E POSSIBLE Mv.-I., ACCESS POINT "7,5----------- -7, �7,' ---- --- EXISTING----- THE GROVE Wind,-, Virginia r % EXISTING bYVALIMIlb 1.IDA LIMITS I",", JDA & SWSA _. LIMITS - - - - --- LEGEND PROPOSED MAJOR F__1 COLLECTOR DEACCESS POINT F ----------- ALLEGHENY POWER CO. r--OVkA- r ....... TRANSMISSION LINE CELLULAR TOWER POND C_] RESIDENTIAL RESIDENTIAL AND/OR PUBLIC (NON-RESIDENTIAL) 11 RECREATION OPEN SPACE 0 3W 600 WD 24M S -I.: 1-w J.- 1. tow