CPPC 07-14-08 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
w.
540/665-5651
�! SAX: 540/665-6395
MEMORANDUM
TO: Comprehensive Plans and Programs Subcommittee (CPPS)
FROM: Candice E. Perkins, AlCP, Senior Planner u
RE: July Meeting - 2008 CPPA Meeting and Agenda
DATE: July 7, 2008
The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting on
Monday, July 14, 2008 at 7:30 p.m. in the first floor conference room (purple room) of the
County Administration Building, 107 North Kent Street, Winchester, Virginia. The CPPS will
discuss the following agenda items:
AGENDA
Comprehensive Policy Plan Amendment (CPPA) Requests for 2008.
a. CPPA #01-08 — Solenberger — Rest Church
b. CPPA #02-08 — Lowe's of Stephens City
2. Other
Please contact our department if you are unable to attend this meeting.
CEP/bad
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
FILE COPY
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
ITEM #1
COMPREHENSIVE POLICY PLAN AMENDMENT REQUESTS FOR 2008
The Department of Planning and Development received two applications for Comprehensive Policy
Plan Amendments (CPPA) by the June 2, 2008 deadline. Similar to last year, 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 of Supervisors and
Planning Commission for consideration at their joint work session to be held on August 5, 2008.
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.
2008 Comprehensive Policy Plan Amendments (CPPA) Applications
Summary of Requests
CPPA
Number
Name of
Request
Magisterial
District
Type of Request
Proposal
Acreage*
#01-08
Solenberger -
Stonewall
UDA/SWSA Expansion
Commercial/Industrial
411.5
Rest Church
(Commercial/Industrial)
#02-08
Lowe's of
Opequon
SWSA Expansion
Commercial
58
Stephens City
(Commercial)
*Reflects acreage ofparcels expressly identified in the application.
Ultimate amendment may involve additional acreage to ensure contiguity of boundaries.
Attached you will find 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.
C P PA #01-08
SOLENBERGER - REST CHURCH
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Comprehensive Policy
Plan Amendment
CPPA # 01 - 08
Application
Locaflon Map
Parcel ID:
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23 -A. -17,23-A-18
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CPPA # 01 - 08
Application
Locaflon Map
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Comprehensive Policy
Plan Amendment
CPPA # 01 - 08
Application
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Application
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Comprehensive Policy
Plan Amendment
CPPA # 01 - 08
Application
Zoning Map
Parcel ID:
33 -A -89,33-A-90,
23 -A -17,23-A-18
Map Features
O Hamlets
Application
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Zoning
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92 (Business, General Distrist)
s B3 (Business, Industrial Transition District)
Go EM (Extractive Manufacturing District)
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M1 (Industrial, Light District)
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Rest Church
Comprehensive Policy
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CPPA H 01- 08
Application
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Parcel ID,
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23 -A -17,23-A-18
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Application
Urban Development Area
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COMPREHENSIVE POLICY PIAN AMENDMENT
INI'T'IATION REQUEST FORM
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: (540) 667-3390
AUTHORIZED AGENT INFORMATION
1. Name: Patton Harris Rust & Associates
2. Project Name: Solenberger — Rest Church
3. Mailing Address: 117 E Piccadilly St.
Winchester, VA 22601
4. Telephone: (540) 667-2139
B. LEGAL INTEREST IN THE PROPERTY OR REASON FOR THE REQUEST:
Currently, a 106.8 acre portion of the subject property is within the SWSA boundary.
This request would bring the remaining 304.7 acres of the site into the SWSA boundary
to allow orderly development of the entire property subsequent to approval of a future
rezoning request.
C. PROPOSED COMPREHENSIVE POLICY PLAN AMENDMENT
1. INFORMATION FOR MAP AMENDMENTS
a. PIN(s): 33 -A -89,33 -A -90,23 -A -17,23-A-18 &
one unnamed parcel
Magisterial District: Stonewall
b. Parcel Size: 411.5 Acres (total
304.7 Acres (proposed SWSA expansion)
106.8 Acres (currently within SWSA)
*See Figure 1 and Figure 2
C. Plat of Area proposed for CPPA Amendment, including metes and bounds
description: See Attached
d. Existing Comprehensive Plan Land Use Classification(s):
Areas within existing SWSA — Business
Areas outside existing SWSA—No designation/Rural Areas
Figure
figure
e. Proposed Comprehensive Plan Land Use Classification(s):
Industrial within proposed expanded areas of SWSA while maintaining__
business uses within existing areas of SWSA A- l?reed cu-Tently.
f. Existing Zoning and Land Use of the subject parcel:
RA Rural Areas) — Vacant/Agricultural
g. What use/zoning will be requested if amendment is approved?
M- I (Light Industrial) and B-2 (General Business)
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 the properties that are within
'/2 mile of subject property:
Figure 3 includes an aerial photograph from 2006 to depict the existin
uses found within the vicinity of the subject property. The Property is
bounded to the South and West by other RA parcels, to the North by the
County/State boundary, and to the East by Commercial/Industrial
properties includingthe Flying J truck stop. Figure 4 depicts the existing
zoning found near the site, including commercial uses to the West along
Interstate 81 while Figure S depicts the planned land uses for the area
currently included within the Comprehensive Plan.
Adjoining Property Owners:
See Attached
2. INFORMATION FOR TEXT AMENDMENTS - NOT APPLICABLE
3. INFORMATION 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 SWSA expansion.
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SOLENRERGER — REST CHURCH Patton, Harris, Rust Bc Associates .
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i 2008 CPPA 117 E. Picadilly St. Winchester, Virginia 22601
o LOCATION MAP VOICE: (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRGINIA
Figure 3
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SOLENBERGER — REST CHURCH
11zy Patton, Harris, Rust &Associates
2008 CPPA
Q5 N I �• 117 E. Picadilly St. Winchester, Virginia 22601
m� EXISTING LAND USE PLAN VOICE; (540) 667-2139 FAX: (540) 665-0493
FREDERICK COUNTY, VIRCINIA
Figure
b. How would the resultant changes impact or benefit Frederick County.
Consider, for example, 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. 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.
3. 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.
4. Fire and Rescue: Tax revenues as a result of development of the site
would serve to help fund local fire and rescue services..
5. Housing: No new housing would result as a part of this SWSA
expansion request.
6. Land Use: The subject acreage is presently used for agricultural
purposes. The site's adjacency to existing land zoned and used for
industrial and business uses, the existing interchange at I-81, the
availability of public water and sewer, and its designation by the
comprehensive plan for future development would indicate that inclusion
of the subject parcels, in entirety, within the SWSA would be in keeping
with good planning. Additionally, there is currently a relative shortage of
industrial zoned properties in Frederick County. Recently the Sempeles
Property, located across I-81, was chosen as the new site for the FBI
Records Maintenance Facility. This represents a decrease of
approximately 100 acres of available industrial land. Inclusion of the
Solenberger — Rest Church Property within the SWSA to permit a future
industrial and commercial rezoning request would aid the County's ability
to meet area demands for industrial development.
7. 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. Any improvements that may be needed could be
addressed during the rezoning and subsequent engineering phases.
8. 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 be beneficial to the
school system by improving the Frederick County tax base.
9. 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.
10. 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.
SIGNATURES APPEAR ON THE FOLLOWING PAGE(S)
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.
Date:— 2-9
-pd P-'�-A
Owner(s): l� ° ���� l� Date: 6'-129fGd
Attachment 1
(TO BE COMPLETED BY APPLICANT)
SUBJECT PROPERTY OWNERS AFFIDAVIT
County of Frederick, Virginia
Frederik Planning 'Web Site: www.co.frederickmims
Department of Planning & Development, County of Frederick, Virginia.
107 North Dent ,street, Suite 2.02 Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6325_
STATE OF VIRGINIA
COUNTY OF FREDERICK
This 2-rJ day of
(Day) (Month) (Year)
I,
(OwlierlContract
hereby make oath that the list of propert), 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 froth the current real estatossgssnlent records.
LILA M. TRIPLETT
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA! Commonwealth of Virginia
Reg. #335897
County of f/ -ad My Commission Expires Aug. 31, 2011
-,rlE �.
Subscribed and sworn to before me this clay of ��:v Zvi in illy
County and State aforesaid, by the aft renanied Principal.
, A/6L
NOTA Y PUBLIC
My Co111inission expires: 3of)i
CO
Speci2l Limited Power of Attorney
Counti of Frederick, Virg am
Frederick Planping Web Site: www.co.fredeu°cck,vga.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Klent Street, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-66395
Know All Men By Those Present: That I (We)
(Name) Fruit Hill Orchard Inc./The Interstate Orchard, Inc. (Phone) 540.667.3390
(Address) P.O. 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
Tax Map Parcel 23 -A -17,23-A-18, 33-A-90, 33-A-89, one unnamed parcel Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Harris Rust & Associates (Phone) 540.667.2139
(Address) 117E Piccadilly Street, Suite 200, Winchester, Virginia 22601
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
X 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, authorizdtion,shall expire one year from the day it is signed, or until it is otherwise rescinded or
modif ed.`
in y;itness then eoY, I ;(,W0 have hereto set my (our) hand and seal this 2 day of;;I� 200
Signature(s)
State of Vir a .a,,City/County ofaij rLf i ,To -wit:
,. e..
I,�t` 144 .A . a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personall)Appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this day ofMAY 2006.
+ My Commission Expires: "a t1�0f�V� i SL
No ary Public
eF
g.
Solenberaer o Rest Chinch
ADJOINING OWNERS
TAX ID NO.
NAME
ADDRESS
ZONING
USE
33 9 1
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 1216
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
33523
Roy A. Cooper
224 Ruebuck Lane
RA
Residential
Clearbrook, VA 22624
33522
Robin L. V. &
172 Ruebuck Road
RA
Residential
Joan F. Kibler
Clearbxook, VA 22624
33521
Robin L. V. &
172 Ruebuck Road
RA
Residential
Joan F. Kibler
Clearbrook, VA 22624
23 A 11
Andrew S. &
1226 Rest Church Road
RA
Residential.
Tiffany L.
Clearbrook, VA 22624
Hounshell
23815
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
23813
Christopher S. &
PO Box 3830
RA
Agricultural
Ton a L. Tentiings
Winchester, VA 22604
23 A 88
Lindsey Barry
474 Ruebuck Road
RA
Agricultural
Dodd & Kimberly
Clearbrook, VA 22624
Schanabel Dodd
W.RIAS.D_ CATFM
FRUIT nTr.T 6imuaD, iNc.
BOOK 365 FADE -242
THIS DEED made and dated this 194 day of
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 -halt 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 H. Combs
and Patricia A. Combs, his wife, by Deed dated
May 29, 1963 and recorded in the Book
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.
i
sncc 365 PAGE 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 ecCx((��tent of their fair market value through November 1, 1970.
' T- 11F111`V-S Llte
—flowing OibllaLLire and seal rhis /?tj, day of
G nrF f 1970•
FJ (SEAL)
Thomas D:- Cather
I. .
!
E
i
t
BOOK `��$ PAGE 24�
STATE OF VIRGINIA
of 1
I
IJ
To -wit:
a Notary Public in and for the
I
State and (�. I aforesaid, hereby certify that Thomas D. Cather,
whose name is signed—to the foregoing Deed bearing date the /T LL day
J
of�£�, 1970, has this day personally appeared before me and
acknowledged the same.
Given under my hand this {/ day of f 1970. ,
My Commission expires_ 7i £ /1'
i
i_
No Jry PubLi i.
VIRGINIA FREDERICK-COUNW, SCT.
rhis instrume... _...._:.:__ Q
s was produced to me on the._
of---- , �.(1._-.at._--_> ._ %. �]
_ and with certificate of
ackn wledgment thereto annexed was admitted to record. And additions!
tax pail.
Clerk
-2-
BMB: .._
2-23-
2201 I
�6290
HOVARD P. ia'TS, FT UX
TO: :: :: D
ORCHARD, FRUIT HILL INC.
nr� 373 +Je 196
THIS DEED made and dated this 23 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.
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 Grantors do hereby grant an(i
convey with general warranty of title unto the Grantee, in fee simple, absolute
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 2S, 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 cf 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 of $25, 000. 00, with interest at the rate of Eight per cent (857.) per annum, and
-KEE 6 E„TLER
which said deed of trust the Grantee hereby assumes and agrees to pay as a
part of the purchase price of the above described property, and the Grantee
-1-
317.3
hereby executes and acknowledges this instrument for the purpose of complyin�
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:
I WAIIS
ll P. LEWIS ,,
C/
JJ AN L. LEWIS
FRUIT 1 -1I1 -L ORCHARD, INC.
I�T�. bU .E bLKUt K,,V1i DENT
=S 'IE S. LL-NBLI GEI , $1CRETARY
STATE OF VIRGINIA,
COUNTY OF FREDERICK ,TO -WIT:
1, DOROTHY H. JONES a Notary Public in and for the
IState and County aforesaid, do hereby certify that HOWARD P. LEWIS.and
I I
li JOAN L. LEWIS, his wife, whose names are signed to the foregoing Deed,
bearing date of February 23 , 1971, have personally appeared before me
I' and acknowledged the same in my State and County aforesaid.
:i Given under my hand this 23rdday of February 1971,
My Commission expires June 11, 1973
-2-
i
MCKee .p eUTLrR
. uw
to -r 373.rnc
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 1-II1-L ORCHARD, INC., whose names are signed to the foregoing Decd
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.
J My Commission expires June 11, 1973
VfRGINfA FRRDZ3.CK CJUaiY, SCT.
Phis 1 rurneno
t '
c�?.3� •i•,� was produced to me on the
d . yo'_ :f 2ClfLL i v -7.� at A,
and with cerii:,_,t_ of �Ckaiw1: ns.it to re annecad w
admitted to r -cord, t'r;
JJ J" JJ•.rr.l Of
$ and 5-54 have been peid, if a;sessable.
r �
�� �� �✓"l�� Clerk.
SEI =
q
It is expressly stipulated, understood and agreed that
this conveyance is made subject to the lien of that certain deed of trust from Walter
9. Humphries and wife to I. VV. Sterrett and E. S. Sandy, 'Trustees, dated November 17,
1937, of record in the aforesaid Clerk's Office in Deed Book No. 175, page 133, secur
ing to the Prudential Insurance. Company of America, the payment of a debt in the
original sum of Five Thousand Dollars ($5,000.00), upon which -the balance due at this
time amounts to $4800.00. And the parties of the second part by their acceptance of
this deed do hereby assume the payment of said indebtedness.
[Fitness the following signatures and seals.
ieiF3E##iF#+eif X -Y ;:'s,F:: iF#
REVENUE STAMPS iF WILLARD D. CHEELY (SEAL)
$7.70 x
CANCELLED MINNIE M. CHEELY (SEAL),
State of Virginia
County of Frederick, to -wit:
I, Virginia -'Ritter, a notary public in and for the County
of Frederick, in the State of Virginia; do hereby certify that Willard D. Cheely and
I
Minnie M. Cheely, his wife, whose names are signed to the foregoing writing bearing
I
date of September 6, .1947, have personally appeared before me in my county aforesaid,)
and acknowledged the same.
Given under my hand this 6th, day of September, 1947.
My commission expires March 24, 1948.
VIRGINIA RITTER
Notary Public
VIRGINIA
I
FREDERICK COUNTY, (SCT:,
This instrument of writing was produced to me on the 8thl
i
day of Sept., 1947,' at 9:15 A.M. and with certificate of acknowledgment thereto annex]
ei.was admitted to record.
�Oo.101. l{/I/tQ.�an o .CLERKi
#iF?F#T�F'a-7FiF�:h`F:F� �'�-� 7: 7F'.F�c:F3FiF#:Fx-M-#,•.Sr'•F
#1242
F. AMOS SHRYOCK ET ALS ie
TO : : : • DEED x.
TIE INTER -STATE ORCHARDS, INC.
-J£-]F -�ir2Fit-3:h#iFtFiHFiEx T�iHFiFY:F%if-:FAY-:Fifx�aY-7F
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, HunteF
S. Brown and Beuna McFarland Brown, the parties of the first part, and The Inter -State
Orchards, Incorporated, party of the second part.
A2TNESSETH: That for and in consideration of the sum of
One ($1.00) Dollar cash in hand paid, receipt of which is hereby acknowledged, the
parties of the first part do hereby convey with general warranty of title to the party
of the second part, the hereinafter described property:
All that certain tract or parcel of land lying in the
Stonewall Magisterial District of Frederick County, Virginia, lying on the rest 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
I
Office of the Circuit Court of Frederick County, Virginia, in Deed Book 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 +
of a certain bond in the amount of $30,000.00 which deed of trust is recorded in the
Office of the Clerk of the Court of the Circuit Court of Frederick County in Deed Book
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 (5) They have done no act to encumber the said property.
year first above written.
REVENUE STAMPS #
$22.55 ?F
CANCELLED -
STATE OF VIRGINIA
COUNTY OF FREDERICK to—wit:
WITNESS the following signatures and seals this day and
F. AMOS SHRYOCK (SEAL)
ELIZABETH H. SHRYOCK (SEAL)
JOHN BABBAGE (SEAL)
BEULAH D. BABBAGE (SEAL)
HUNTER S. BRO+N (SEAL)
BUENA MoFARLAND BRO0(SEAL)
I, Olive Smith Cook, a Notary Public in and for the State
and County aforesaid, do hereby certify that F. Amos Shryoek, 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.
Given under my hand this the 11 day of Aug., 1947.
OLIVE SMITH COOK
o ary Public
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
#1243 :F
LEkZS E. PERRY ET UX
TO DEED
LEONARD ii. .-HITS ET UX ,e
cn0A W. This Deed made and dated this 8th day of September, 1947,
7 between Lewis. E. Perry and Mary L. Perry, being parties of the first part, and Leonard
W. White and Ar%utm G. Mite, his wife, being parties of the second part.
`\ 'Fitnesseth: That the said parties of the first part, for
and in consideration of the sum of Five ($5.00) Dollars, cash in hand paid, a receipt
whereof is herewith acknowledged, and other considerations deemed valuable in law, do
hereby grant and convey, with general warranty of title, unto the said Leonard W. White
and Arbutus G. :kite, his wifej, jointly for life, with remainder to the survivor in fee
simple, all that certain unimproved lot or parcel of land, together with all appurten-
ances, rights and rights of way thereto belonging, lying and being situate in Frederick
County, Virginia, on the East side of .'public Road No. 636, about three miles East of
Stephens City, bounded on the South and Nast by other lands of the said parties of the
first part, on the North by Perry Lane and on the West by Road No. 636, containing two
(2) acres, more or less, according to a late survey made by Richard U. Goode, Surveyor,
on September 4, 1947, which survey, together with,a plat of said realty, is attached
to and made a part o° this deed, being part of a lair er tract of land which was conveyed
to the said parties of the first part by deed bearing' -date August 26, 1938, from the
Farmers and Merchants National Bank and Trust Company, �ch deed is of record in the
County Clerk's Office of Frederick County, Virginia, in D\B, 176, page 546, to which
deed a reference is herewith given for a more particular description of the realty
hereinabove described and conveyed.
Said parties of the first part covenant -that they have a.
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
they will execute such further assurances of said realty as may be requisite,
Witness the following signatures and seals.
CPPA #02-08
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Comprehensive Policy
Plan Amendment
CPPA # 02 - 08
Application
Location Map
Parcel ID:
85-A-59
Map Features
0 Hamlets
Urban Development Area
O%k SWSA
0 Application
1S Lakes/Ponds
-^-- Streams
Location in Surrounding Area
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Case Planner: Candic
Map Document: (N:\PIan ning_And_Development\_1_Locator_Mps\2008\LowesOfStephen sCity_CPPA0208^061008.mxd) 6/10/2008 -- 9:50:35 AM
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Stephens Gity, VA,
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Comprehensive Policy✓
Plan Amendment
CPPA 9 02 - 08
Application
Zoning &
Eastern Road Flan
Map
Parcel ID:
Map Features 85 _ A _ 59
O Hamlets
mol Urban Development Area
SWSA.
Eastern Roatl Plan
New Major Arterial
Improved Major Arterial
New Minor Arterial
Improved Minor Arterial
New Major Collector
Improved Major Coliector
New Minor Collector
C3 Improved Minor Collector
C*P Ramp
Zoning
B1 (Business, Neighborhood District)
62 (Business, General Distrist)
O B3 (Business, Industrial Transition District)
t EM (Extractive Manufacturing District)
® HE(Higher Education District)
Ml (Industrial, Light District)
M2 (Industrial, General District)
f MHt(Mobile Home Community District)
MS (Medical Suppo t District)
R4 (Residential Planned Community District
R5 (Residential Recreational Community District)
O RA(Rural Area District)
RP (Residential Performance District)
• ?` Application
Lakes,Poads
-- Streams
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Comprehensive Policy
Plan Amendment
CPPA # 02 - 08
Application
Land Use &
Eastern Road Pian
N.1, a
Parcel ID:
85-A-59
Map Features
O Hamlets
�t Urban Development Area
"+a SWSA
Eastern Road Nan
New Majo,Arterial
Improved Major Arterial
New Minor Arterial
Improved Minor Arterial
New Major Collector
OW Improved Major Collector
ft New Minor Collector
CkM Improved Minor Collector
dw Ramp
Long Range Land Use
Rural Community Center
Reeidential
Business
�3 Industrial
® Institutional
Recreation
<Xx- Hisloric
® Mixed -Use
® Planned Unit Development
in Application
91 Lakes/Ponds
Streams
T
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N
Location in Surrounding Area
wr. 0 vox nnG
s 330 66 � a
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Comprehensive Policy
Plan Amendment
CPPA # 02 - 08
Application
Land Use &
Eastern Road Pan
Map
Parcel ID:
85-A-59
Map Features
O Hamlets
.0 Urban Development Area
SWSA
'- Application
Lakes/Ponds
Streams
Location in Surrounding Area
1GX CpL
Nlwy 0 330 66P 2.
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E� Case Planner: Candic c
Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\LowesOfStephensCity_CPPA0208_061008.mxd) 6/10/2008 -- 9:50:35 ANI
C:OMPREIIENSIVE POLICY PLAN Ai11ENDINIENT
INITIATION REQUEST FORM
(Please type all information. The application will not be deemed complete unless all items listed
below have been submitted.)
A. 0x iier(s) Information:
1. Name: Pete Rotelli
2. Project Name: Lowe's of Stepha s City
I Mal ling Address:. 1605 Curtis Bridge Road, REBC Dock
Wilkesboro, NC 28697
4. Telephone Number: (336) 658-400D
Authorized Agent Information:
Name: David Neaecelc
2_ Project Name: Lowe's of Stephens City'
3. Mailing Address: 22630 Davis Dri*, Suite 200
Sterling, VA 20164
4. Telephone Number: (703) 709-95M
Y
B. Legal interest in the property affected or reason for -the request:
Extension of Frederick County Sanitation Authority District service area for public
utilities to service future development.
C. Proposed Comprehensive Policy Plan amendment - please provide the following information.
1. FOR A XIAP AMENDMENT
a. PIN(s): 85 A 59
Magisterial. District:
b. Parcel size (approximate acres): 58+/—
C. Plat of area proposed for CPPA amendment.- including metes and. bour ds description.
Please see attached.
d. Existing Comprehensive Plan land use classification(s):
Residential Performance (RP)
C. Proposed Comprehensive Plan land use classification(s):
N/A
f. Existing zoning and land use of the subject parcel:
Residential
g,. What use/zoning will be requested if ani.endnient is approved?
h. Describe, using text and maps as necessary, the existing zoning; Comprehensive
Policy Plan designations; and/or approved uses and densities alone with other
characteristics of properties that are within:
0 1,4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size;
a '/2 mile if 21 - 100 acres .in size; or
a 1 mile if more than 100 acres in size.
Note. Colored maps cannot be duplicated in the I-Yannhig Department.
Please see attached.
i.. 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).
Please see attached..
3
2. FOR A TEXT AAMENDAIENT
a. Purpose and intent of amendment.
N/A
b. Cite Plan chapter, goal, policy andlor action strategy text that is proposed to be
amended.
N/A
C. Proposed new or revised text.
N/A
Note: Please attach and specify text changes with atlrlitions rrntlerlined and deletions
ews? sed thr otrgh.
d. Demonstrate how the proposal furthers the oals,policicslobjectI cs, and actio❑
strategies set forth in the Comprehensive Policy .Plan chapter(s) relative to the
amendment request and -,-\rhy proposed revisions to said goals, policies, and act'oxz
strategies are appropriate.
N/A
e. Demonstrate how the proposal is internally consistent N-vith other ComprehenslVe
Policy Plan components that are not the subject of the amendment.
N/A
f 'What level of service impacts, if any, are associated N- ith the request?
N/A
5
3. FOR ALL AMENDMENTS
Justification of proposed C.o.i iprehensive Policy Plan an.ei)dinent (provide
atfaclrnients if necessary). Describe ropy the change to the Coiiiprelicosive
Policy Man is being proposed.
The C reherisive Policy Plan Ameu&jent is proposing to include Parcel 85 A 59
(Lowe's Parcel) in the Frederick County Water/Se-.,er Service Area. The justification
for this proposed amendment is econc�c benefit to Frederick Ccxmty by utilizing the
existing water/sewer facilities in Town Run Lane for maltiple sites and develop -ng
the parcel for additional County tax revenue. The amendueiit is proposed to allow
for denser development of the Lowe's tract. Please see attached Exhibit and Property
Plat for proposed Sanitation District Service Area Adjumnt.
b. 1-loxv 4vould the resultant changes impact or benefit Frederick County. Consider, for
exanlple, transportation, econoinic developnient and public facilities.
The inclusion of the Lowe's Parcel in the Frederick Camty Public Water/Sewer District
would permit for a higher density of development resulting in higher tax revenue for
the County. Additionally, this amendment would be compatible with the proposed Route 277
Triangle and Urban land Use Study Plan. 'This plan reeds camercial development
for the Lowe's tract. Cam>ercial development would benefit from being on the County
public water/sewer supply as service from Stephens City is not available in the vicinity.
Other information nlay be required by the Director of Planning, the Planiling Conllllission. or Board
of County Supervisors during the review of the initiation request. The applicant brill be notified, ill
w itinb. if additional information is required.
All applications must also contain the following items:
Spccial Limited Powter of Attorney Affidavit (see page 8 if parcels of land are
involved).
Application Review Fee of $3.000 (payable to the Frederick. County Treasurer)
Ahplica3its should consult the Co►>,prehensive Policy flan to idei�tif�r goals policies or action
strategies %vhich are applicable to individual Comprehensive Policy Plan aniendnient requests.
Signatures:
I (Nvc), the undersigned. do Hereby respectfidly make application and petition the Frederick
County Board of Supervisors to amend. the Comprehensive Ilan. I (���e) authorize irederich
County officials t(�xnter the property for site inspection purposes.
I (we) hereby cert. fv th.�t this application and its accompanying materials are true and
accurate to the bes, of #iy (our) knowledge.
Applicarit(s):
c
Hate. ®�
Lc we --'s Pro ey, e- Ce-ey' -4, 1v c., J6 w
Owner(s): Date: /
6
Attachment 1
(TO BE COMPLETED BY APPLICANT)
SUBJECT PROPERTY OWNERS AFFIDAM
County of Frederick, Virginia
FrederickPlauningWeb Site. wivwxo.frederiek.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Dent Street, S ite 202 Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
STATE OF VIRGINIA
COUN.1 Y OFFREDERICK
This 15th day of may 200
- _ - ..._......._.-------- - -_
(1)aV) (Month) ("real')
I Pete Rotelli
Otivner/Contract PUrchaserlAtithorixed Agent
hereby make oath that the list of property oNvners of the subject site. as stirbi-pitted with the
application, 15 a true and accurate list bascd on the information prouidod by the Frederick County
Con'tr tissio.ner of the Revenue Office as taken from the current .real estate assessrment records.
i
tine 'ontract Purchaser/Authorized. Agent)
(circle one)
CONIMONWEAL`l".H OF VIRGINIA:
County of Looe
Subscribed and sworn to before .me this j �^ _ day of � � _ � in in),
C , 'Ia— . -r-- ,;1:e 7ar17ed Principal.
KATHLEEN AMOS
Notary Public
Commonwealth of VRpinla --
708311.07 NOTARYJBLIC.
My Commission Expires Oct 33j2011 _ ,
Lowe's of Stephens City Adjacent Parcel Matrix
Property
1
Parcel Number
85 A 138
Owner Name
Arcadia Development Co.
Owner Mailing Address
PO BOX 5368, San Jose, CA, 95150
2
85D 1 1 95
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
3
85D 1 1 94
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
4
85D 1 1 93
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
5
85D 1 1 92
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
6
85D 1 1 91
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
7
85D 1 1 90
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
8
85D 1 1 89
Arcadia Development Co.
PO BOX 5368, San Jose, CA, 95150
9
85D 1 1 95B
Southern Hills Homeowners Assoc Inc.
PO BOX 5368, San Jose, CA, 95150
10
85D 1 188
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
11
85D 1 187
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
12
85D 1 1 86
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
13
85D 1 1 85
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
14
85D 1 1 84
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
15
85D 1 1 83
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
16
85D 1 1 82
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
17
85D 1 1 81
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
18
85D 1 1 80
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
19
85D 1 1 79
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
20
85D 1 1 78
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
21
85D 1 1 77
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
22
85D 1 1 76
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
23
85D 1 1 75
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
24
85D 1 1 74
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
25
85D 1 1 73
Arcadia -Southern Hills LLC
PO BOX 1150, Purcellville, VA 20134
26
85 A 60
Ramey William Larry & Elizabeth
824 Pease and Plenty Ln Stephens City VA 22655
27
85 A 142
Jefferson Belle LLC
114 Rugby PI., Winchester, VA 22603
28
85 A 142A
Town of Stephens City
PO BOX 250, Stephens City, VA 22655
29
85 A 146
Stimpson Harry F. Ill
152 Fairfax Pike, Stephens City, VA 22655
Surroundin14 Land Uses
The subject property is 58 +/- acres, per County requirements properties within half mile
of the subject property have been studied. Generally, within a half mile of the site to the
east, west, and south is either vacant or developed residential land use. Notably is the
Southern Hills Residential Subdivision to the east on the opposite side of Town Run
Lane, a 0.33 acre lot subdivision. Most of this residential land is in Frederick County and
zoned residential performance, with portions zoned R-4.
The Town of Stephen City lies to the north and is a mixture of existing/planned
residential and industrial development, with low density commercial development at the
existing I-81 Interchange.