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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 1, t � r - � _ ;QUALL MEADOWS MWO, MAY£ MEADOWS iSYLLAN lc' 33 > \ t 1 33 A A J LEIGHT RICHARD L. - .�V `•� , '\\ �-cLFVENC.£ r REsrcHURcr 70 r + wy r � t ` tt, i \ ; �AfZRO,LLiON � � \ ��•:%� y O ' 33 MAR'( ;� CRtM RY `.� t� l _i t �•t Wi I r , 33 A DUNCAN RUN LEG V 1y P @V > ti� t� S = ,\ r JE ESTATES _ •A 0 ' ¢ ,•'i 1 iii h o I RIDGEWAY ESTATES - (HR3 pRON q 86 _ rNisrceCN t. 11 E (S Mq TOWER dill. EST�TES' � •� [ 1' PAS FlELD 65ThTES A4PLE. VIEW ESTATt Sic ' Z3 � 33 q 'QgD4BYk �11,v A PUNKIN FIDE E. , t. t rt (NeNorjga\\ ff i 4,, wv 6USINE AFK -'j� WOOD B1NE RD _ h W Yr4c PoAwt /+ Q r / . l�'y 01 "Jo �J5 �1 of P tp Q'�'in "ve O� o ¢, �0� ^ 4F 4r \� D Solenk ,rger Jxes ,Church Comprehensive Policy Plan Amendment CPPA # 01 - 08 Application Locaflon Map Parcel ID: 33 -A -89,33-A-90, 23 -A. -17,23-A-18 Map Features O Hamlets 9.0 Urban Development Area SWSA ® Application f3 Lakes/Ponds Streams rr i Location in Surroundin,3 Area u Case Planner: Candic Map Document: (NAP IannIng_And_Development\_1_Locator_Mps\2008\Sole nberger_RestChurch_CPPAO 108_060908.mxd) 6/9/2008 -- 4:06:29 PM U /I. / � 1 a`P 0 6USINE AFK -'j� WOOD B1NE RD _ h W Yr4c PoAwt /+ Q r / . l�'y 01 "Jo �J5 �1 of P tp Q'�'in "ve O� o ¢, �0� ^ 4F 4r \� D Solenk ,rger Jxes ,Church Comprehensive Policy Plan Amendment CPPA # 01 - 08 Application Locaflon Map Parcel ID: 33 -A -89,33-A-90, 23 -A. -17,23-A-18 Map Features O Hamlets 9.0 Urban Development Area SWSA ® Application f3 Lakes/Ponds Streams rr i Location in Surroundin,3 Area u Case Planner: Candic Map Document: (NAP IannIng_And_Development\_1_Locator_Mps\2008\Sole nberger_RestChurch_CPPAO 108_060908.mxd) 6/9/2008 -- 4:06:29 PM i i 1 ' ,QUAIL MEADOW t MAYS MEFbD4lS - - - I SYLVAN t',Uei ESTATES ;I /r ' .., t ` `' - GL£IfNL�f�{'--�►P RES 1 \ \ 1� � --.— � • � .. _ _\ , V ill � � \ ,� ���'.�. GARROLLTON ' i s l s �E ESTATES 01 ti r � Y I/ 1 70\JER 11111 654176S G Ff}'IRFIELb, ! I / { f APPLE VIEW ESTATES L£DAR NILL ESTATES j -- PLIN�IN RiDL,E � .1 .t J WOODBINE RDY k Y i Yat r , K ,:�,"0 12 S®lenL.,rger Rest Church Comprehensive Policy Plan Amendment CPPA # 01 - 08 Application Land Use Map Parcel ID: 33 -A -89,33-A-90, 23 -A -17,23-A-18 Map Features O Hamlets Application .fv Urban Development Area E `i.9 SWSA Long Range Land Use Rural Community Center Residential Business ® Industrial ® Institutional Recreation •.> Historic ® Mixed -Use ® Planned Unit Development 0 Lakes/Ponds ^— Streams r�}w Location in Surrounding urea t (*D qlet i R-. Case Planner: Candic Map Document: (N:\Planning_And_Development\_1_Locator _Mps\2008\Solenberger_RestChurch_CPPA0108_060908.mxd) 6/9/2008 -- 4:06:29 PM MEADOW iILDa MAYS MEADOWS SYL%AN RUdi ES rat ES -- \ r trt ;^ r a `^`• \\ t '\, CLEVENbf REST CF V, \ t m _ \ t t �� - 'ti 1. i � t � �• � \t 3 t � _ a '4E E�.57ATE5 1 `IS N. \� Y KiDGEWAY ESTATES i ( 1 ' f rHiske l TDWER nILL. ESA"E5' - - - f r I1 �- r ( TSTAE5 / F ELD �j I I ' 1 AF4CE VIEW ESTATES ' - CEDAR till -1. ESTATES - - 1 Duncan -Ku T A J// WoaasrRERn U �'.`` YNE ADAMS ' ���yyyt Solei L rger Kest 1.huI"chi 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 .0 Urban Development Area ':: SWSA Zoning Bi (Business, Neighborhood District) 92 (Business, General Distrist) s B3 (Business, Industrial Transition District) Go EM (Extractive Manufacturing District) 6 HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) 4*• MW (Mobile Home Community District) ar, MS (Medical Support District) R4 (Residential Planned Community District) Cr R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) $ Lakes/Ponds Streams Location in Surrounding Area V ��X Cp 0 330 cif; o -� fir, -Peet e r Case Planner: Candic � � Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\Solenberger_RestChurch_CPPA0108_060908.mxd) 619!2008 -- 4:06:29 PM RA, ., rin inr-gni--..:__ - S®leni..rger Rest Church Comprehensive Policy Plan Amendment CPPA H 01- 08 Application Aerial Map Parcel ID, 33 -A -89,33-A-90, 23 -A -17,23-A-18 Map Features O Hamlets Application Urban Development Area ✓„s,-, SWSA Lakes/Ponds Streams r Location in Surrounding Area F i -� �'/A t�X Cp Peet Case Pianner.Candic . '9' P - -- -- — � ... • ...I••y_• _____ -.,H'— � , ,_ _ -0 vNawuotouieatveryer_mesiunurcn uF-Au'IU8 U60908.mxd)6/912008--4:06:29PM 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. Y , t 17 ���aAld�q *� • a 30 ARESZDNPA , �Y iCr 0,0 ZDWA, RAI UT 669 ' l � � }.. a� '} ^ � • -1 �, m. `may",.��y, p +;.�•�� '. � , L�p• sem., } ' /ll'11II r� Rey t idtl L 1 IMA ACRES MNETb RA M rm to or w1 e fir• - x r.. T,l; ,4, =; .ia,RF 1, �. SOLENRERGER — REST CHURCH Patton, Harris, Rust Bc Associates . u` ti 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 Figure 4 4K, 9 a�f y 9 SUEJLCT '" & 9Ta FF , ! f71 SUEUECT fl SITE r it �'t�11 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 LOWE'S OF STEPHENS CITY MARLS �"� % `•.� l / 3,y� -tom\ ��' \��. \� t ✓ / \\ „`'� `,. / ,.jyys; j �y // coy' }' �'4 i. �1� %� _` y ✓: /t%C•1�. \ ti° e -f �\ *�'`x: '� �/. ! O /f1 >•r ri w ,t`w`1• �J -+, Q °P-� GIJG�"jit�¢:,fi r r \- Zc Q/• / j TdWN Of S1'EyNENS G}SY r •li 4a ,(�\ r f,rJ) , r•�lfp's i. `t'' ".� �a 2'7 y= ! t /rt FtiE \ 1 .x`t �. .} - a` �/rt, V J � t� � �� �� , y , . _� r `: • t � `Y / tel` $ \�__ 3�% �L7 /r�t �: \ �` �D4� ES -K Od _ .o RC'., ♦/ 'o -FF.', 5 v , % • J* r r ( I4 l/,` % 1` 1 > NOTTOW y !uW'. 1 t �1 !t+/moi o" 'n / R c,DJMM�Ftr>i. Dry J trDFyIL�Q. TAYLOR•GRACELLC % % /Fp`� /.,\` �` \ ,,7 fIf— . t f%`I. STEPNCNS VILt{f (,� TN£ �" '`�� `t� \ ' i � t , • lyrN h' `�-•�, i• / o\/, c FsIF 8s �- Stephens Git VA 85 A 48 4 .N 7EPgryEN2WIciaE BLUESTONE INDUSTRIAL DEV LLC \ ? ' \ i' •alf-�I (V7- 'n^ � ! ' r T ridpU,Ii$IRE 511AT`£S py p Fi` ap o �4 \ .fjilsr 1 c! �co�s m a , ��° �� 1-,I�}I� 85 A 140 CENTEX HOMES 4 U �sy i, ,\.:•���` ``�`�. � \\ 2. '�oD r '�-L'�'v.:.w� � J'r<\Isr ;\t Tsj � - F� \E,q�i JJ \J� � MEADOWS EDLE r� y', Q�,\�-�``1• PAF \rO,p r _ g .,,� m� ••\� Y,-u�atlflT'-. � �_y: ^,\ / ` � ti°3 •`}�. OUTH£0 HILLS • ' r" t> �, t h� cOhf3 " °4� r `a$ t4 j.. V' 't r ! I 1 I r ' SY _444 9 \� r•e WHITr rOc Q PySJ % 1 s eSP�� A,rg j r VN1-}.Fi.Y h 1P -d, 85 A 131 !` Q / ,!1 q- aof S� ,r` 'pq�9 - 1RITENOUR FARM L.P. l ¢\ J\r/� 1f Q m<" I , R-��C• ~ ~oma Z < t \ f 0 s \ P \ /cs .. � 85 A 156 �,� ,�f�s '_..,.,• 4G f. �g0 POWERS DAVID W 99 85 A 77PRFPRMVP• j�CONNEREMMAH \ R\tENOU \� r ,, ,✓ I L®wt s ®f steppe s City 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 0 3,311 13CP eet o u 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 n h1ARLaoRo RD r •: kwl 71L 60 Stephens Gity, VA, # FP c9' 7 Low ®f C♦r�t�%tnro f'i4-�� iJ 4 V 1-1 11 ti.J•11t7 'ts 1 �, R` 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 - -- -_ _ - . -....-.......y_..." ---t— .... i rv,P.-.Votwwvbulatepnerts� l>:y_'-,rrHUZUu VbIUUB.MXd) b/10/2008 -- 9:50:35AM Law ®f Stgn,hrae Cit e, Y �aau 7L 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 /•l N Location in Surrounding Area wr. 0 vox nnG s 330 66 � a �eei rlE' Case Planner: Candic � � Map Document: (N:1Planning_And_Development\_1_Locator_Mps\2008\LowesOfStephensCity_CPPA0208_061008.mxd) 6/10/2008 -- 9:50:35 AM r tir f .F �•.;..�.. C Lowe r if StIfT�i ens �Ity 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. eet o` w�r�q�I 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.