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HRAB 03-21-95 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Historic Resources Advisory Board Members FROM: Eric R. Lawrence, Planner I� SUBJECT: March Meeting and Agenda DATE: March 14, 1995 There will be a meeting of the Historic Resources Advisory Board at 7:30 p.m. on Tuesday, March 21, 1995, in the Conference Room of the Old Frederick County Courthouse, 9 Court Square, Winchester, Virginia. The HRAB will discuss the following items: AGENDA 1. Update on the Historic Plaque Program. 2. Revised Draft of the Guidelines for New Commercial Construction in the Historic Area Overlay. 3. Rezoning request for property located at 8437 Valley Pike, near Belle Grove, 4. Other. Review materials are attached. Please contact me if you are unable to attend the meeting. Thank you. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Guidelines for New Commercial Construction in the Historic Area Overlay The following guidelines are hereby adopted by the Frederick County Historic Resources Advisory Board ("HRAB") to assist its consideration of applications for new commercial construction in Historic Area Overlay ("HA") zones under the Frederick County Zoning Ordinance. These guidelines should not be viewed as a means of dictating a specific design response to a given design problem, nor should they be seen as prohibiting any particular approach. New and untried approaches to common design problems associated with historic sites and structures should not be rejected merely because of originality. Each application will be considered on a case-by-case basis, within the framework set out here. For purposes of these guidelines, the term "designated site" shall mean that site, structure, or other feature, which has been designated as a historic resource by the Board of Supervisors, in its application of a HA zone on any property or properties within the County. "Commercial construction" includes, for example, all non-residential construction such as retail stores, office buildings, automobile service stations, restaurants of all types, churches and non-profit organization facilities. These design elements are based on the Rural Landmarks Survey Report, Frederick County, Virginia, Phases 1 -III, 1988-1992. This survey documented buildings in Frederick County that are at least 50 years old and have retained their architectural integrity. This standard is used by the Virginia Department of Historic Resources and the U.S. Department of Interior to determine whether or not a structure is considered to be "contributing" to the historic character of a community. The term "contributing buildings", as used here, refers to those buildings that have been identified in the Rural Landmarks Survey Report and may contribute to designs for new commercial construction. All surveys were prepared according to the standards established by the Virginia Department of Historic Resources. All applications for new construction must comply with the requirements of applicable zoning regulations prior to consideration by the HRAB. Purpose and Intent Statement of Purpose: The purpose of these Design Criteria is to insure that new commercial construction located within the Historic Area Overlay (HA) are compatible with the character of the historic area. The purpose is also to establish a common commercial identity among these new buildings through shared design principles. Guidelines for New Commercial Construction in the Historic Area Overlay March 14, 1995 Page 1 Statement of Intent: It is the intent of these Criteria to : 1. Accommodate and encourage economic growth that will both maximize direct county revenues and minimize the indirect costs of eroding the historic character of the HA; 2. Protect private property values and related public investment from the detrimental impacts of carelessly planned new construction; 3. Encourage creative designs while discouraging uniform trademark architecture that if built in the HA would create strip developments incompatible with existing structures; 4. Maintain the image of the HA as seen from its most traveled roads to benefit residents, attract tourists, and interest potential employers; 5. Encourage new commercial developments to produce contemporary architecture compatible with the traditional building forms of the HA; 6. Provide for an appropriate and attractive yet diverse mix of new construction that relate to one another in a coherent way by guiding them toward shared design principles without imposing any specific architectural style. Architectural Style and Form Criteria These criteria shall be followed to the greatest extent possible, as determined by the Historic Resources Advisory Board (HRAB), given the physical nature of a specific site and its intended use. Although achieving compliance with all these criteria is desired, the HRAB may use its discretion in determining an application's degree of compliance, as long as a proposed design is consistent with the purpose and intent of these criteria. Building Design New construction should not create an appearance with no historical basis. New commercial construction should represent the era in which it is built, yet be designed in a manner that complements the existing HA character. No single architectural style is mandated. However, historic design elements of contributing buildings found in Frederick County should be the basis for proposed designs. Direct copying of buildings is discouraged as are standardized building Guidelines for New Commercial Construction in the Historic Area Overlay March 14, 1995 Page 2 designs found throughout areas outside of Frederick County. 2. Introduction of design concepts foreign to Frederick County is inconsistent with the County's architectural character. New commercial building designs should have roof designs that are characteristic of Frederick County. Duplication of the traditional roof shapes, pitches, and materials on new construction is one way of making the new structures more visually compatible. Steeply pitched roofs are generally found in contributing buildings. 4. Form should reflect function. New commercial buildings should not be disguised as residential buildings. Features such as large plate glass windows, rather than small multiple windows, should be employed to reflect the new building's function. 5. Side and rear walls which face open areas should be designed with as much attention to detail as the primary facade. 6. New commercial construction should maintain a scale which is compatible with adjacent buildings and other existing structures in the HA. 7. The Board is conscious of 20th century infrastructure requirements, but such items as electrical meters and transformers, HVAC equipment and solid waste management equipment should be visually and acoustically screened from public view. Building Siting 1. Buildings should be designed and sited to reduce the need for topographic modifications to the site. If buildings must be sited in areas of significant slope, they should make use of multiple stories and multi-level access to retain the natural topography of the site. 2. All new construction should attempt to protect and preserve significant archaeological resources. The front of a building should face the main thoroughfare in the HA. Building elevations facing other public right of way should include the principal design features and materials used on the front of the building, so not to look like the back of the building. Guidelines for New Commercial Construction in the Historic Area Overlay March 14, 1995 Page 3 Height No structure should be so located or of such height, as to unreasonably affect protected viewsheds around designated sites. Traditionally, the height of buildings in HA is no more than two stories (approximately 25 feet). New commercial construction should be consistent with this pattern. Parking Location Maintain the integrity of the area's historic resources by minimizing the dominance of the automobile. Parking facilities should be placed in locations which de-emphasize their use, and emphasizes the main structure. This may be accomplished by exercising site layout options and landscaping techniques which attempt to camouflage the parking facilities. Building Materials 1. The predominant building materials for commercial buildings in historic areas are wood and brick. Stone and stucco were also common building materials. The same material was typically applied to all sides and all stories of a building. Horizontal wood siding, red clay brick, limestone, or stucco should be encouraged for cladding on new commercial buildings. 2. Historic roofing materials, such as standing seam metal and slate, which are present in the HA are encouraged. These materials continue to still be widely available today. 3. Building colors should compliment the colors existing in the HA. Landscaping 1. The use of appropriate landscaping (plant materials) native to or traditionally used in Frederick County will blend new construction with the surrounding historical area landscapes. The use of species that are winter hardy and drought tolerant is encouraged. 2. An effort should be made to screen the rear areas of a developed site from the adjacent properties so far as it may reasonably be possible to do so. The use of screening materials, such as fencing, or vegetation plantings are encouraged. 3. Lighting should be of such construction, materials, height, and brightness, as not to adversely effect the designated site. 4. Maintenance of the landscaping should be considered when choosing the type of landscaping and screening to be used. The use of an attractive landscaping plan, accented by hardy plants, will create a pleasing commercial environment. Guidelines for New Commercial Construction in the Historic Area Overlay March 14, 1995 Page 4 Y Signage 1. The location, design, configuration, materials and color of all proposed signs and associated structures should be in character with the historic and scenic settings of the H.A. These signs should not visually dominate buildings or sites. 2. Free-standing and projecting wall signs will be limited to 25 feet in height, and a sign surface area of 50 square feet. 3. One free-standing or projecting sign will be permitted per parcel. 4. Wall signs will be limited to 20 feet in height above grade, and one sign per parcel frontage. Guidelines for New Commercial Construction in the Historic Area Overlay March 14, 1995 Page 5 REZONING APPLICATION PACKAGE FREDERICK COUNTY, VIRGINIA Department of Planning and Development P 107 NORTH KENT STREET treet PO BOX 601 WINCHESTER VA 22601 (703) 665-5651 REZONING PROFFERS THE UNDERSIGNED, SOLE OWNERS OF LAND TO BE REZONED, TAX NO 90000-A-000055 AND THE APPLICANT FOR SAID REZONING, HEREBY VOLUNTARILY PROFFER THE FOLLOWING CONDITIONS. THE CONDITION PROFFERED SHALL BE BINDING UPON THE HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND SUCCESSORS IN INTEREST OF BOTH THE APPLICANT AND OWNERS. IN THE EVENT THE FREDERICK COUNTY BOARD OF SUPERVISORS GRANTS SAID REZONING AND ACCEPTS THESE CONDITIONS, THE FOLLOWING PROFFERED CONDITIONS SHALL APPLY TO THE LAND REZONED IN ADDITION TO OTHER REQUIREMENTS SET FORTH IN THE FREDERICK COUNTY CODE. IT IS THE INTENT THAT FOR THIS AND ANY FUTURE USE OF THIS PROPERTY BE A COMPLIMENT TO THE CEDAR CREEK BATTLE GROUNDS AND BELL GROVE PLANTATION. THE FOLLOWING USES WILL BE NOT BE ALLOWED WITH THE B2 ZONING: THE USE INTENDED WILL BE FOR AN ART GALLERY AND PICTURE, PRINT FRAMING. COMMUNICATION FACILITIES AND OFFICES 48 ELECTRIC, GAS AND OTHER UTILITY FACILITIES AND OFFICES 49 GASOLINE SERVICE STATIONS FUEL DEALERS 55 598 GOLF DRIVING RANGES AND MINIATURE GOLF COURSES 77999 MODEL HOME SALES OFFICES ANY FUTURE USE AS APPROVED BY THE BOARD OF SUPERVISORS. THESE PROFFERS SHALL BE BINDING UPON THE HEIRS, EXECUTORS, ADMINISTRATOR, ASSIGNS, AND SUCCESSORS IN INTEREST OF BOTH THE APPLICANT AND PROPERTY OWNERS. THIS DOCUMENT SHALL SET FORTH THE TOTAL OBLIGATION OF THE APPLICANT AND PROPERTY OWNERS TO THE COUNTY OF FREDERICK IN CONNECTION WITH THE REZONING OF THIS SITE. CONSEQUENTLY, THE APPLICANT'S AND PROPERTY OWNER'S OBLIGATION SHALL NOT BE SUBJECT TO FUTURE MODIFICATION OR ENLARGEMENT WITHOUT THE EXPRESS WRITTEN CONCURRENCE OF CONSENT OF THE CURRENT PROPERTY OWNER(S), APPLICANT OR THEIR SUCCESSORS AND ASSIGNS APPLICANT AND PROPERTY OWNER ABACUS FS OF VA. LTD. JOHN V EVENS . Y: DATE: 3 1-7 If-5- SUBSCRIBED AN SWORN TO BEFORE ME ON THIS -3 DAY OF MARCH, 1995. IMPACT ANALYSIS STATEMENT THE PROPERTY TO BE REZONED, TAX NO 90000-A-0000 0055, LOCATED SOUTH OF MIDDLETOWN, FORMALLY KNOWN AS THE COVERED WAGON, BATTLE OF THE 19, PAT'S PLACE, WOODSHED, ETC. THE PROPERTY HAS BEEN USED AS A RESTAURANT NIGHT CLUB. OFTEN TWO HUNDRED PLUS PATRONS WOULD OCCUPY THIS FACILITY ON EVENING AND WEEKENDS. THE PROPOSED USE OF THIS PROPERTY WILL BE AS AN ART GALLERY AND FRAMING SHOP. PRIMARY USE OF THIS FACILITY WOULD BE FOR GENERAL BUSINESS. NO EXTERIOR STRUCTURE CHANGES ARE PLANNED EXCEPT FOR GENERAL MAINTENANCE OF THE BUILDING. A. SUITABILITY OF THE SITE: THE SITE WILL NOT BE ALTERED AS THE PRESENT STRUCTURE WILL BE UTILIZED FOR THE BUSINESS. THEIR WILL BE NO SITE CONSTRAINTS OR HAZARDS ASSOCIATED WITH THIS BUILDING. B. SURROUNDING PROPERTIES: THE POTENTIAL FOR IMPACTS ON SURROUNDING PROPERTIES ASSOCIATED WITH NOISE, GLARE, FUMES, POLLUTION, ODORS OR OTHER NUISANCE FACTORS WILL BE LESSENED WITH THE USE INTENDED. AN ART GALLERY WILL ATTRACT LESS TRAFFIC, LITTLE OR NO NOISE. NO FUMES OR ODORS OR OTHER NUISANCE FACTORS. AS A RESTAURANT NIGHT CLUB THIS USE WILL BE AN ATTRACTIVE ALTERNATIVE. C: TRAFFIC THEIR WILL BE LITTLE IF ANY IMPACT ON TRAFFIC PATTERNS ON RT. 11. AS A GALLERY LOCATED ON RT.I I THERE WILL BE NO ADVERSE IMPACTS ON TRAFFIC. D. SEWAGE CONVEYANCE AND TREATMENT: THE PROPERTY HAS A WELL AND SEPTIC. AS A GALLERY THERE WILL BE A SIGNIFICANT REDUCTION IN THE USE OF WATER AND SEPTIC. E. WATER SUPPLY THE WELL WILL PROVIDE AN ADEQUATE SUPPLY FOR THE USE INTENDED. F. DRAINAGE: THERE WILL BE NO IMPACTS ON STREAMS, DRAINAGEWAYS, OR SURROUNDING PROPERTIES. EXISTING DRAINAGE WILL NOT BE CHANGED. G. SOLID WASTE DISPOSAL FACILITIES: NOT APPLICABLE H. HISTORIC SITES AND STRUCTURES: BELL GROVE, LOCATED ACROSS FROM THE SITE WILL BE ENHANCED BY A GALLERY. A MORE APPROPRIATE USE THAN A RESTAURANT, NIGHT CLUB. I. IMPACT ON COMMUNITY FACILITIES: THE COSTS OF SERVICES PROVIDED TO THE EXISTING STRUCTURE WILL NOT CHANGE. NO SITE CHANGES OR STRUCTURE CHANGES ARE PLANNED. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number BOS Hearing Date Date Received_ PC Hearing Date The following information shall be provided by the applicant.- All pplicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: Abacus Food Service of VA LTD Fed ID # 54120180 Address: 324 Round Hill Road Winchester, VA 22602 Telephone: Home 703-667-4527 Work 665-4925 2. Representative: Name: John V. Stevens Telephone: 703-667-4527 3. Owner: Name: Abacus Food Service of VA LTD Address: 324 Roundhill Road Winchester, VA 22602 Telephone: 703-667-4527 12 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Pam Stevens Treasurer Don Murrav Secretary 4. Zoning Change: It is requested that the zoning of the property be changed from Bl to B2 5. Current Use of the Property: Restaurant - Office 6. Adjoining Property: PARCEL ID NUMBER USE ZONING 90000-A-0000 059A 910000-A-0000 0058 40000-A-0000 098A liesi dence Residence Agriculture Agriculture Residence Hanufactur;ng R R A R B3 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): ox. 1 mile South of Middletown Route 11 on Left Middletown, VA 22645 ross from Bell Grove 13 8. Parcel Identification: 14 Digit Tax Parcel Number. 90000—A-000055 9. Magisterial District: _ 0peguon 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 1 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 1 Acres Rezoned from B1 to B2 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: G- roaanh S'eYe l Deed Book Number 419 Pages 630 12. Proposed Use: It is proposed that the property will be put to the following uses. Art Gallery & Frame Shop 13. Checklist: Check the following items that have been included with this application. Location map _Y_ Plat X Deed to property X Statement verifying taxes paid X Agency Comments X Fees X Impact Analysis Statement _ X Proffer Statement _X 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner: Date: March 3, 1995 15 INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: M;(idi PtnwT, Rescue Service District: Middletown Total Proposed Non -Residential Lots/Buildings: N/A The following information should be provided with any residential rezoning: Elementary School District: Middletown Middle School District: ty High School District: if Number of Single Family Dwellings Proposed: _ N/A Number of Townhouse Dwellings Proposed: N/A Number of Multi -Family Dwellings Proposed: N/A Number of Mobile Home Units Proposed: N/A The following information should be provided with any commerciaUindustrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: 5000 SQ ft exi sti ng b ,i I d; ng Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: 16 ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification • Address: Charles Pittman Rt 2 Box 13 Middletown VA Property ID: 90000-A 0000 0054 • Address: Blance Fortner 8421 Vlaaey Pike Middletown Property ID: 90000-A-0000-0056 Address: Richard Neff 3850 Valley Pike Middletown Property ID: 90000 -A -0000-059A Address: National Trust 748 Jackson Pl. NW Washington, D.C. Property ID: 0000-A-0000-0032 Address: Peggy Bauserman 8409 Valley Pike Middletown Property ID: 90000-A-0000-0057 ' Address: Iris Vann 8395 Valley Pike Middletown Property ID: 90000-A-0000-0058 Miles Inc. Address: 511 Bennett Avenue Tarrytown, NY 105 Property ID: 90000 -A -0000-058A s Address: Jerry Herbaugh 149 Longmeadow Lane, Middletown Property ID: 90000 -A -0000-059C 9 Address: Proverty ID: 17 ..E— 0.2 MI. TO RTE. 841 :1 G ELL PROPERTY DISTRICT P EROUTE I PAVED 11 I N55.29'07"E 156.25 IO.H. WIR 21.23 PAV. 8 4 BRAJEL 36.0 I 61.3 ?-S-C.B. RESTAURANT I 12.6 52 V 3 6.64 m ( I O O.H. WIRE WELL n� `•" 3 t: ; O i CD c%j cD GRAVEL ui O— z z M W 4. z Ia) N O � M w 10 M U _ M z U) tWi. N LOT LINE N. OR F. "FLETCNER" FENCE: N. OR F. "RAOSERMAN" N55'10'21"E ", VIRGINIA 3 m a� C. It O ,URVEV R v O BURGAREA = 3.210 AC. BURG,VA. :� o L ti M — z EX. PIPE 0.12 W. S55110'21"W N. OR F."NEFF" 553.66 435.75 EX. PIPE 0.07 E. 0.06 N. L o cc O O . V i• z - o _U W z N = O V W U s tD N G: to O �7 o i 4L, �a y a U E O1,�I t N. OR F. 19- VANN �€ D V E _N � N 435.75 EX. PIPE 0.07 E. 0.06 N. L o cc O O . V i• z - o _U W z N = O V W U s tD N G: to O �7 (S(7 -(A)-34) 21 X14 s. 'a�15 'v 3 c+ Q 20 18 \ \ v/ A d � ($17-(4)-344) 18 i 19 24 i. 30 23 R1.6 4 27 — MEADOW MILL$ I 1 94 23 91 l /' CCC \\ r � , \•\` �" )' PANTHER 5a \ f -(21-91 CAVE 313 (5(79� R`�.'� fr m re34.. �e 53 9c 59A 0` 1 45 44 4 47'^ !42 43 40Aq, f^ / ti 40 59/ • 3°a j zoo. ' (517-(4)-3) Creek ' \391A i' \ 760 c 35 /,� �\ ,i > i \39 `-LINE 6 � CO NT 36a % 38 / \LINE \' r :R D RI K — v COUNTY qq e \ � LIN1✓1',I WARREN 36 - 237 c �1 HWY. CO. / � 9 M.561 1 t � a° '6\ �fwi-eeJ 9<s ^ (w2-1) (SI7-41-4j `-T R}I' C+O (W1-2-2) ice, (w1-5-5) '� r (wi-11 gym. / NONE Wo MOUON DISTRICT SECTION .--INSERT IRON PIN SET EXISTING PIN OR PIPE )T SUBJECT TO FLOODING ER HUD MAPS tet— 0,2 Mt, TO RTE. 841 i \ EROUT11T 1 PAVED I 0— I N55'29'07`E .H.WIRE 156,25 O,H. WIRqT;U�A%T 3TIi - WELL! PAV, b61,3 ./l ! 4 cn GRAVEL p . 'W F. N. OR `FLETCHER" t k: N OF THE G. JOSEPH SEWELL PROPERTY o O -D IE' -1, B. 633, PG. 646. � N JON MAGISTERIAL DISTRICT :RICK COUNTY, VIRGINIA PREPARED BY LARRY C. HIMELRIGHT P. C. PROFESSIONAL LAND SURVEYOR RTE. 3 BOX 446 STRASBURG, VA. PHONE 465-8767 MAY 15, 1989 EX. PIPE 0,12 W. 0 LA LOT LINE 'o �►��� Off' ti. L N. OR F. "BAOSERMAN' FEHCEi "` I N55.10'21 -E AREA= 3.210 AC. 10'21-W N. OR F."HEFF' 533,66 O �fi s EN C H. OR F. z '9 435,75 EX. PIPE 0.07 E. 0,06 N. 1994 TAX RECEIPT COU�TY OF FREDERICK C. WILLIAM ORNDDFF, JR P.O. BOX 225 WINCHESTER VA 22604 1994 REAL ESTATE 3.21 ACRES 90 A8ACDS FOOD SERVICE OF VA. L.T.D. - 2ND HALF Ticket #:000O008000D Date : 3/02/95 Register: COS/WB Trans. #: 27693 Dept # : RE9402 ACCT# : 26174 Previous Principal 55 Balance $ 482.35 Principal Being Paid $ 482.35 Penaltv $ 48.24 Interest $ 17.69 Amount Paid $ 548.28 �n-`'--- � ^ 324 RWmnun/ cn -"u��/"-� »ue * .00 �� ���� WINCHESTER, VA. 22601 CKFM 740 3/95 .UL J. NEAL. JR. ✓0005TOCK. VIRGINIA SK713PG882 DEED THIS DEED, Made and entered into this 18th day of May, 1989, by and between G. JOSEPH SEWELL, Single, herein referred to as the Grantor and ABACUS FOOD SERVICES OF VA., LTD, herein referred to as the Grantees, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title to the Grantee, Abacus Food Services of Va., Ltd., All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, lying and being situate on the East side of U. S. Route 11, South of Middletown, Opequon Magisterial District, Frederick County, Virginia, more particularly described by plat and survey of L. C. Himelright, C.L.S., dated May 15,1989, attached hereto and made a part hereof as if set out in full and further described as follows: TRACT ONE: That tract or parcel of real estate, together with the improvements on the East side of U. S. No. 11 South of Middletown in Opequon Magisterial District, Frederick County, Virginia, and described as to metes and bounds as: BEGINNING at (1) a point in the east limits of U. S.11 and corner to R. C. DuBrueler and running with said DuBrueler S 28 3/4 E 289 feet to (2) a stake in R. C. DuBruelers' line; thence continuing with R. C. DuBrueler N 61 E 145 feet 3 inches to (3) a stake, corner to Margaret DuBrueler; thence with Margaret DuBrueler N. 29 W 289 feet to (4) a stake in the eastern limits of U. S. 11; thence running with the said U.S. 11, S 61 W 156 feet 3 inches to the beginning and containing 1 acre, more or less. TRACT TWO: That tract or parcel of real estate, a short distance east of U. S. 11 in Opequon Magisterial District, described as to metes and bounds by a plat of .vey of Greenway Engineering ar. Surveying Co., Inc., dated October 15, 1973, as containing 2.210 acres, a copy of said plat of survey being of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 419, at Page 630. The above described real estate is the identical real estate conveyed to G. Joseph Sewell from Paul J. Neal, Jr., Sole Acting Trustee, by deed dated November 17, 1986, and recorded in the aforeesaid Clerk's Office in Deed Book 633, at Page 646. Reference is hereby made to the aforesaid plats, surveys, deeds and the references contained therein for a further and more particular description of the property hereby conveyed. WITNESS the following signature and seal: (SEAL) STATE OF VIRGINIA, COUNTY OF To -Wit: The foregoing instrument was acknowledged before me thi s day of May, by G. Joseph Sewell, Single. My commission expires:_e Y; � 7 tary Public -2- REVIEW AGENCY COMMENT SHEETS It will be the responsibility of the applicant to obtain the necessary review agency comments The following information must be submitted when obtaining any agency review comments: the comment sheets, location map, survey, proffer statement, application form, and the applicant's impact statement. It may be necessary to submit additional information. Please consult the Notice to Applicant section at the bottom of each comment sheet to ascertain what additional information must be submitted z