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Home My WebLink About003-87 Lowes Investment Corporation - Backfile14 1 �n a. COUNTY of FREDERICK IDepartments of Planning and Building L"C;5 -5(,50 703/6-56-�6-50 January 28, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Lowe's Investment Corporation Rezoning Application to: Rezone 7.79 acres from B-1 (Business Limited) to B-3 (Industrial Transition) for expansion of Lowe's Home Improvement Center and Building Supply retail store. This property is located on the east side of Route 522 South, south of the Route 50 intersection. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of February 11, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, The Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RwW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 or This is to certify the the attached correspondence was mailed to the following on January 28, 1987 from the Department of Planning and Development, Frederick County, Virginia: BIGGS, PATRICIA G. & JANET G. ZIVIELLO 261 SHAWNEE AVENUE WINCHESTER, VA. 226D1 WOLSELEY-HUGHES ACQUISITION C/O FERGUSON ENTERPRISES, INC. VP -FINANCE P. 0. BOX 2778 NEWPORT NEWS, VA. 2362E RICHARD, CHARLES W. NORMA A. 2101 GARBER ROAD WINCHESTER, VA. C-lo' b." r , O . Lea_ , llu o_rY DoRaLd E_ . , I vu5t.e._es 0-055 Cl arb.ex Qd . W i nc u_:stLr , VA 2ZL01 P.EOP PROPERTIES, INC. 824 WINDERMERE, FLA. LQmL'5 �,f'v �XYt. COrp. 32786 Sox i111 METH, RICHARD G. W('11Lesb0r0, me a8o� DIANE F. 2131 GARBER ROAD WINCHESTER, VA. 22601 MITCHELL, WILLIAM R. C ESTHER E. 2115 GARBER ROAD WINCHESTER, VA. 22601 1 Ro ert W. Watkins, Director Frederick County Dept. of Planning 226131 STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of NOTARY PUBLIC 1987. COUNTY of FREDERICK Departments of Planning and Building (,1,5 - 6650 703 /k-55-565& January 21, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Lowe's Investment Corporation Rezoning Application to: Rezone 7.79 acres from B-1 (Business Limited) to B-3 (Industrial Transition) for expansion of Lowe's Home Improvement Center and Building Supply retail store. This property is located on the east side of Route 522 South, south of the Route 50 intersection. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of February 4, 1987, at 7:30 p.m., in the Board of Supervisors' Meeting Room, The Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify the the attached correspondence was mailed to the following on January 22, 1987 from the Department of Planning and Development, Frederick County, Virginia: BIGGS, PATRICIA G. E JANET G. ZIVIELLO 261 SHAWNEE .AVENUE WINCHESTER, VA. 22601 WOLSELEY-HUGHES ACQUISITION C/O FERGUSON ENTERPRISES, INC. VP -FINANCE P. 0. BOX 2778 NEWPORT NEWS, VA. 23620 J E P PROPERTIES, INC. P. 0. BOX 824 WINDERMERE, FLA. 32786 RICHARD, CHARLES W. E NORMA A. 2101 GARBER ROAD WINCHESTER, VA. 22601 MITCHELL, WILLIAM R. E ESTHER E. 2115 GARBER ROAD WINCHESTER, Vet. 22601 VIETH, RICHARD G. C DIANE F. 2131 GARBER ROAD WINCHEST'ER, VA. Garber, O. Lee, Julian F. & Donald E., Trustees 2033 Garber Road Winchester, VA 22601 Lowe's Investment Corporation Box 1111 Wilkesboro, NC 28656 Robert Watkins, Director Frederick County Dept. of Planning 22601 STATE OF VIRGINIA COUNTY OF FREDERICK I�� a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 9, has personally appeared before me and acknow dged the same in my state and county foresaid. Given under my hand this day of , 1987. My commission expires on NOTARY PUBLIC FINAL PLAT OF A PORTION OF THE LAND OF GARBER TRUST LAND SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 6, 1986 nti� �s 9� J 5 so �P h BOARD OF SUPERVISORS DATE FREDERICK CO. SANITATION AUTHORITY _ DATE — SUBDIVISION ADMINISTRATOR DATE_ b�A— DEPARTMENT OF HIGHWAYS DATE_ OWNERS CERTIFICATE The above and foregoing subdivision of the Garber Trust Land, .�s appears on the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. SURVEYORS CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to U. Lee Garber, et als, Trustees, by deed dated 27 May 1964, and recorded among the records of Frederick County, Virginia in Deed Book 300 at Page 192. >� dwe'xz H. BruceEUens, C.L.S. ..• (411 V 0 V lz V E.95F�JE.U,r op 300. 00 ' t/ 3 7 ° ZG '02 h � O w w 14, P0701eAC L SON R K/ Qp Qq .SZZ /GO ' R/W � SURVEY FDA LOWES 1A(i1E5rAAf(1r CORD Dl5rRIer FRco cf1cv COU.UTY, v4. 5C4CE / " 200 WOVEyJBER do /986 PREP.9.�E0 di' 6R? EAI t44Y d&5/,UEE.Y/NG 0` 66,471/EYIX16 CO. 1AIC l IAICf,/E5r" 1//R6/NG4 /PE4/SED DEC: 15 /9Ba The accompanying plat represents a survey of a portion of the land conveyed to 0. Lee Garber, et als, Trustees, by Trust agreement of Charles E. Garber, dated 27 May 1964 and recorded in the Frederick County Court Clerk's Office in Deed Book 300 at Page 192. The said land fronts the East Boundary line of U.S. Route 522 in Shawnee District, Frederick County, Virginia and is bounded as follows: Beginning at an iron pin set in the East Boundary line of U.S. Route 522 and corner to the Retained Portion; thence with the Retained Portion S52033'58"E-1192.59' to an iron pin set corner to the Retained Portion and in the north boundary line of J. P. Properties; thence with J. P. Properties N84°26138"W-710.00' to a concrete monument in the north boundary line of J. P. Properties and corner to Lowe's of Winchester, Inc.; thence with Lowe's of Winchester, Inc. for the two following courses: N37026'02"E-300.00' to a concrete monument; thence N52033'58"W-600.00' to an iron pin found corner to Lowe's of Winchester, Inc. and in the East Boundary line of U.S. Route 522; thence with the East Boundary line of U.S. Route. 522, with the arc of a curve to the right 75.71' (Radius = 1379.40' - Chord = N45°15'O0"E-75.70') to the point of beginning. Containing . . . . . 3.620 Acres Surveyed . . . . . . . . November 6, 1986 o LTCIE foun b' y �,f�rtHCalE N6 54 17-3 (2 %5 r 6A.17 3 (b)162 c`� COUNTY of FREDERICK Departments of Planning and Building 703/6�5�K5650 February 17, 1987 David J. Wright, Project Administrator Lowe's Investment Corporation Real Estate Department Box 1111 North Wilkesboro, NC. 28656 RE: Rezoning Application #003-87 of Lowe's Investment Corporation Dear Mr. Wright: This letter is to confirm the Frederick County Board of Supervisors' actions at their meeting of February 11, 1987: Approval of Rezoning Application #003-87 of Lowe's Investment Corporation to rezone 7.79 acres from B-1 (Business Limited) to B-3 (Industrial Transition) for the expansion of the Lowe's Home Improvement Center and Building Supply retail store. This property is located on the east side of Route 522 South, south of the Route 50 intersection, in the Shawnee Magisterial District. If you have any questions regarding this rezoning, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 4 (-niirt 4niinrP - P.O. Bnx 601 - Winchester, Virvinia - 22601 COUNTY of FREDERICK IDepartments of Planning and Building 6&S 703/b-5-5-5650 M E M O R A N D U M Virginia Dept. of Highways , ATTN: Mr. William Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones (Inspections Department � , ATTN: Mrs. Donna Ritter City of Winchester , ATTN: Mr. Jay Givens FROM: Robert W. Watkins, Director DATE: January 14, 1987 SUBJECT: Review Comments On: Conditional Use Permit --__ Site Plan Preliminary Master Plan Subdivision X Rezoning We are reviewing the enclosed request by Lowe's Investment Corporation , or their representative, David J. WriQht (919)-651-4756 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ILO --Ij ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- Signature-- � -= z=------r`->�------ Date--� —� --------- 9 C niirt Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 6G S 703/4-53-5650 M E M O R A N D U M Virginia Dept. of Highways , ATTN: Mr. William Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mrs. Donna Ritter City of Winchester ATTN:I�' Mr. Jay Givens / FROM: Robert W. Watkins, Director DATE: January 14, 1987 SUBJECT: Review Comments On: Conditional Use Permit ____ Site Plan Preliminary Master Plan Subdivision X Rezoning We are reviewing the enclosed request by Lowe's investment Corporation , or their representative, David J. Wright (919)-651-4756 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: City_ Water & Sewer mains are located on the east side of U.S. Rt. 522 adjacent ------------------------------------------------------------------ to the Garber Trust-Land_--Service-taj)s_are_available-to-the-Garber-Trust-Land ---------------- SE parcels sold from the Garber_ land pro__ ding_the_Parcels remains adjacent to --------------- - ------------ the mains. Present Lowe's operation has City_water_&_sewer, any_new_ta�s-will -------------------------------------------- reguire Co unty_approgal._No Sewer Main extensions_ will be considered at this time. Signature_ _ _y��Gbh - ------------ Date / "��a 7 ------------------------- 9 C'nurt Souare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK . .,. .� LJJ - LG Ql M y.p,i, •,a.f OCY AN� J M E M 0 R A r �j Virginia Dent. of Highways ATTN:,'Mr. y William \ A_ Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mrs. Donna Ritter City of Winchester , ATTN: Mr. Jay Givens FROM: Robert W. Watkins, Director DATE: January 14, 1987 SUBJECT: Review Comments On: -__- Conditional Use Permit ---- Site Plan Preliminary Master Plan Subdivision X Rezoning We are reviewing the enclosed request by Lowe's Investment Corporation , or their representative, David J. Wright. (919)-651-4756 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to rezoning. ----------------------------------------------------------------------- Signature_ 1------------ Date--1--15 _8 r% /-v and Building wf 703/455--5650 () C'onrt Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Howie - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Highways & Transportation 1550 Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 F ROM: Robert IV. IVatkins, Planning Director DATE: 12-15-86 SUBJECT: Review Comments for Conditional Use Permit x Rezoning Subdivision g Site Plan Please review this request for an expanded Lowe's Home Improvement and Building Supply retail store. Also rezone property from B-1 to B-3. , located at the east side of Route 522 South, south of the Route 50 Intersection Proposed building and improvements: increase existing sales floor and relocate accessory buildings. This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by January 5, 1987 for the meeting of February 4, 1987 VDH&T Comments: It appears -from the site plan.that they are not proposing any additional entrances. If this ~is true, no additional comments as of r'- Office is concerned. VDH&T Signature: (Gr fy,¢ L_g Zlr/, Date: -2 ! _ Applicant's Name: Lowe's Companies, Inc., c/o David Wright - Real Estate Dept. Address: Box 1111 North Wilkesboro, NC 28656-0001 Phone Number: 919/651-4756 NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal deadline date. 9 Court Snttare - P.n. Rnx Ffll - Winch Peter Virainin - ?96()1 COUNTY of FREDERICK Department -of Planning -and Development j REQUEST FOR COMMENTS John T.P. Horne -Planning Director Stephen M. Gyurisin - Deputy Director 'A 703/662-4532 TO: Mr. Herbert L. Sluder Sanitarian Frederick -Winchester Health Department Located at the P.O. Box 2056 intersection of Winchester, Virginia 22601 Smithfield Ave. & (703) 667-9747 Brick Kiln Road FROM: Robert IV. lVatkins, Planning Director DATE: _ December 15, 1986 SUBJECT: Review Comments for Conditional Use Permit X Rezoning Subdivision X Site Plan Please review this request for an expanded Lowe's Home Improvement and wilding Supply retail store. Also rezone property trOm B-1 to - r located at the east side of Route 522.South south of the Route 50 Intersection Proposed building and improvements: increase existing sales floor and rglocnfe accessory buildings. This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by Jahuary•59 1987 for the meeting of February 4, 1987 Health CnmmPnt-q- Health Signature: ,, Q on . FS. _ Date: 1 .7- as T�c* Applicant's Name: T.owe's Companies. Inc., c/o David Wright - Real Estate Dept. Address: Box_1111 North Wilkesboro, NC 28656-0001 Phone Number: 9191653-4756 NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 0 (i.mrt Cn„oro _ P n Rnv A01 _ WinrhPcter Virvinin - 77601 M /03 COUNTY OF FREDERICK, VIRGINIA REAL ESTATE TAX BILL- 19 8 6 TICKET NO.- 15519 TAX RATE- . 6 3 I PROPERTY I.D.N-64000A00-0000-0000-0004B PROPERTY DESCRIPTION- D T— 4 AC— 4.17 I ANn VAI I IF I [UpAnV VAI I IF 146 000 673,600 L/US DEFER TOT TAX VALUE 819,600 TAX 1st. HALF—JUNE 5th.- TAX 2nd. HALF —DEC. 5th.- FIRST CLASS U.S. Postage PAID Winchester, VA Permit No. 147 PRESORTED FIRST-CLASS y 2,581.74 2,581.74 SEE OTHER SIDE FOR EXPLANATIONS Mail Payment To: Treasurer, County of Frederick P. O. Box 220 Winchester, Virginia 22601 REAL ESTATE TAX BILL- 19 8 6 PROPERTY I.D.#,64000A00-0000-0000-0034B �LOWE•S INVESTME TICKET NO.- 15519 TAX RATE- . 6 3 P. 0. B O X 1 I 1 PROPERTY DESCRIPTION- 0 T— 4 AC— 4.17 N W I L K E S B O R O, Ctj LAND VALUE IMPROV. VALUE 146,000 673,600 L/USE DEFER. TOT, TAX VALUE 819,600 L RETURN THIS PORTION TAX 1st. HALF—JUNE5th.- 2, 581.74 IF�`1t1�4�QNirf�4iit1'11+14!�i TAX 2nd. HALF —DEC. 5th: 2 , 5 81 . 7 4 s o N� 'o'�1AYi986 2 56 RECEIVED TaAartn+ent t M EJ E�1CL1, RGENT. ANDERSON & LARRICI{ ATTORNEYS AT LAW INCHE6TE11. VIRGINIA 1 fIt-,4 1 - THIS DEED made and dated this day of _44Ak A, 1973, between 0. Lee Garber, Julian F. Garber and onald E. Garber, Trustees, under that certain Trust Agreement dated May 27, 1964, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 300, page 192, of Charles E. Garber, et ux, of the one part, hereinafter called the Grantors, and Lowe's Investment Corporation, a North Carolina corporation, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable .con- sideration, receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantee, in fee simple, all that certain tract or parcel of land lying and being situate just East of Winchester in Shawnee Magisterial District, Frederick County, Virginia, containing 4.170 Acres, more or less, more particularly described by metes and bounds in that certain plat and survey dated December 12, 1972, attached hereto and as a part hereof, as follows: Beginning at a concrete monument (set) in the East boundary line of Route 522 (said monument can be found by measuring N 210 25' 52" E - 334.44, from V. D. H. monument in the North line of the Fletcher land); thence continuing with the said boundary line of Route 522, with the Arc of a curve to the right 300.60, (Radius = 1379.40, - Chord-N 340 38' 47" E - 300.00') to a concrete monument (set), a corner to the Retained Portion; thence with the three following new division lines of the said Retained Portion: S 550 21' 13" E - 600.00' to a concrete monu- ment (set); thence S 340 38' 47" W - 300.00' to a concrete monument (set) in the North line of the J & P Properties land; thence N 550 21' 13' W - 600.00, to the beginning, containing 4.170 Acres. U It 464 This is a portion of the same property conveyed to Nora L. Garber by Deed of Garvin Bowles, et ux, dated July 6, 1942, and recorded in the aforesaid Clerk's Office in Deed Book 185, at Page 389, and a portion of the land subsequently conveyed to the aforesaid Trustees by Deed of Nora L. Garber, et vir, dated May 27, 1964, and of record in the aforesaid Clerk's Office in Deed Book 300, at Page 192, and conveyed by the Grantors to the Grantee pursuant to Article IV, Paragraph 1 (c) of said Trust Agreement. This property is conveyed subject to all restrictions, easements and/or conditions of record, if any, affecting the aforesaid realty. WITNESS the following signatures and seals the date first above written: _ c /cy 1111 I Ice, t. 1 I-t ;'(SEAL) 0. Lee Garber, Trustee ( Q ,AL L'(. /mil-�.�. ) Julian F. Garber, Trustee zz /.Z/, Donald E. Garber, Trustee STATE OF VIRGINIA, OF �.�r�n�►. ��t to -wit: f� I, 1� 1 J m n „�( a Notary Public) i in and for the and State aforesaid, do hereby certify that 0. Lee Garber, Ju an F. Garber and Donald E. Garber, i Trustees, whose names are signed to the foregoing instrument i bearing date the day of .T 1973, have personally appeared before me and acknowledged the same in my and State aforesaid. ' LARGENT. ANDERSON n I ��J & LARRICK My commission expires \\ �.�„� , ATTORNETS AT LAW WINCFESTF.R. VIROINIA Given under my hand this —�... day of , 1973. me • Notary Public t I ores �'Cb� "tl. , ^i .,,r,rl a rJ0' '�� pub) is MonicMonicary tc 76-1 � unr•�t. ' .,carve • e. - I 'fill 1 UU l G.),I i �4 4)4 SIS a:)l: 1;1, !l'il: i iI ,j-)k!l.l , l j )ll, jO aul 1 U I 1;; )S, jU•�CIn J\�117 1IJJ:)uoJ l' tN.f l'\J'��tl� - •'..n, ► \i ��'�' a1uaw" ! ("j JS I IUlIur11101D ��3JJUOJ l' Oa 1 l- - c1. : llc3 f JO r ,aU1 t' N; a ,LO'r 0�. �.,•. I, 5 .} ,. 1 z ,. 1 IPi; :,lra J\., ,:-,u11 uo1S1n1i M3U Gu1moI Ioj aaJl1; aq-4 ll:l!r .)ouat, 4 !uo1-4Jo,- pau lo:jav :)ll-4 01 JJUJc+J V '(1as) 4uawnuow '+laJOuoo p of (,00.00f 09'0OF ig61a -1Ll1 04 anJna v fo 7Ja dq4 tlZ!A 'ZZS a-4no,; .40 ou1 ( �Jryuno.i p!vs aq4 qz! m 5u 1 nu 1 4uoo 9ouaq4 ! (puv I Jago;a 1 j . 04j Jo ou 1 1 114 0.,, al{;< u 1 lu7lunuol:, •l;'0*A woJJ 'Vf - T,Zl .SZ,Ifly N Gu1JnsNaw Aq punoj aq upo wawnuow P!''sI ZZc a4nol%l 40 au! 1 AJhpunoq -4bvJ aq:l ul (ias) 3uawnuolu a4aJouoo aw Guluu,Gaj : �;Mo l lo} so papunoq s r pup 'r 1 u 1 GJ 1 ', ' ,(Juno, -o l JapaJ J ' 401 J-4s l ll aourrngc u! ZZS aanom •S 'ii a° au! I A.wpunoq jst, j a%13 s-4uoJ4 pup, p!ps aql. • ii'. C a �[`r.l �E' .. 0Oi as 1 u 1 aJ 1 6 Ja JIIU-% S I '1 J P J!o 1 I 1 4-4uno-, -jaiaepa.1j a44 u1 pap•IooaJ pup ZI '(Inf o pa4vp paW Al JagJt`,,) '1 FJot, 04 paAanuoo I)u+.lI aq-4 jo uo 1 3J00 V JO (QAJns a S-4uasaJdaJ 'ac 1 d aAogp ail I �70r,7S s3� 1 r , Oib '6LF/= OV.Y - 09 O_OF-W. &P, . wOO^ , 'W Y.W0cf 'VA AW JMd &ON S 6LIW OL/ �r �ljo • N Lf 0 0 z SUBDIVISION Garber Trust Land 3.620 acres, Zoned B-2 (Business General) LOCATION: East side of Route 522 South, south of the Route 50 intersection. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Vacant and Commercial Land Use and B-2 (Business General) and B-1 (Business Limited) Zoning. PROPOSED USE AND IMPROVEMENTS: Divide 3.620 acres from existing 32.49 acre tract and add to existing Lowe's site. REVIEW EVALUATIONS: Highway Department — A commercial entrance permit must be applied for and an entrance constructed to meet the VDH&T minimum entrance requirements, when this land is developed. Sanitation Authority_ — Authority does not have any facilities to serve this land. Health Department — Approval. City of Winchester — The mains originally extended were to serve the Garber Trust Land. Since the proposed subdivision is part of the Garber Trust Land and adjacent to City mains, the parcel is eligible for a service connection or expansion of Lowe's service in accord with City policy. Any connection to the proposed 3.62 acre parcel must be approved by Frederick County. Greenwood Fire Company — No objection. Must meet all applicable County Fire Codes, Chapter 10. Planning and Zoning — No objection. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS: Unanimous approval. FQE;>-'PjCK COUNTY, VA. 1986 REAL ESTATE — FIRST HALF f2ICT 4 TICKET NO. ❑834D CODE - ' u 11 U- - i U - a 4 -0 VALUE RATE TAX 384,9.50 .63 425.19 ALREACL — 32.49 --- _2 LAND — 769,9CO '►�PROV.— DCFE.Z. — 114_ TAX VAL.— 769,90 c' i9 F-GARBER, G. LEE E A'v F • U1 4A, TOTAL TAX DUE £ DONALD E. TRUSf� PENALTY 2033 GARBER RD, INTEREST WINCHESTER, VA. 2 2 6 D 1 TOTAL DUE L DATE DUE JUN" 5 • 1986 'h 4/s O p 6 C �U"C-k TREASURER, FREDERICK COUNTY FREOCRICK COUNTY, VA. 1986 REAL ESTATE — SECOND HALF T`.T"TCT — a TICKET NO. �J334G CODE— — A 0 Q — Q QUO— U QQQ-734— 0 VALUE RATE TAX .63 — Z 425.181 ACRiAGF — 32.49 LAND — 7699900 4 1 iqg( IMPROV.— DEFER. — TAX VAL.— 769990C FGA.- 6-R, 0. LEE E JULIAN F. L DONALD E. TRUSTEE. 2033 DAR3ER RD. WINCHESTER, VA. 22601 TOTAL TAX DUE PENALTY INTEREST TOTAL DUE DATE DUE 0 F L• _5 , 1986 TREASURER, FREDERICK COUNTY I, J. W. Baker, Clerk of the Circuit Court for Frederick w'ounty, Virginia, do hereby certify that William H. Clowser, Executor of Scott T. Larrick, 1 whose name is signed to the foregoing and annexed deed, has this day personally appeared before me in my office in said County and acknowledged the same. I Glven under my hand this 3rd. day of July, 1942. REVENUE STAMPS $2.20 CANCELLED * J. W. BAKER CLERK VIRGINIA FREDERICK COUNTY SCT: This instrument of writing was produced to me on the 3rd day of July 1942 at 3-50 P.M. and with certificate of acknowledgment thereto annexed was annexed was admitted to record. t' ,CLF RK. GARVIN BOPJLES ET UX Ta TO DEFD * NoIZA L ^p" I4013A L. GARBER This Deed, made and dated this 6th day of July, 1942, by and between Garvin Bowles and Iva Mae Bowles, his wife, parties of the first part, and Nora L. Garber, party of the second part, Witnesseth: That the said parties of the first part, for and in consideration of the sum of ten dollars and other valuable considerations, cash to them in hand paid, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said party of the second part, with general warranty of title, all of that certain tract or parcel of land, together with the buildings and improvements thereon and all rights and appurtenances thereunto belong- ing, lying and being situate on both sides of Route #522, commonly known as the Winchester -Front Royal Turnpike, and on the south side of U. S. Route #50, about one- half mile southeast of the City of Winchester in Shawnee Magisterial District, Frederick County, Virginia, and containing approximately two hundred acres (200 A.). This is a part of the property which was conveyed to Garvin Bowles and James A. Bowles by T. Russell Cather et al., Special w'ommissoners, by deed dated October 19, 1921, and duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 148, page 270; and a one-half interest in and to which was conveyed to Garvin Bowles by James A. Bowles by deed dated September 27, 1927, which deed is dulyiecorded in the Clerk's Office aforesaid in Deed Book 156, page 253, to which deeds and the references there3"n made a reference is here made for a more particular description of the property hereby conveyed. The party of the second part joins in this deed for the purpose of assuming and does hereby assume the payment of the balance due on a certain debt clue The Prudential Insurance Company of America, which was in the original sum of Fourteen Thousand Dollars ($14 ,000.00) and which is secured by a deed of trust on the within described property dated June 30, 1938, and duly mcorded in the Clerk's Office aforesaid in Deed Book 176, at page 326. The parties of the first part covenant that they have a good right to convey with within described property; that the same is free from all liens t A and encumbrances, save and except the debt hereinbefore described due the Prudential Insurance Company of America; and that they will ever warrant and defend the title thereto. "itness the following signatures and seals this day and year first above written: ****************** GARVIN BOWLES (SEAL) REVEIIUE STAMPS $19.80 * IVA MAE BOWLES (SEAL) CAIICELLED ****************** NORA L. GARBER (SEAL) State of Virginia, i County of Frederick, to -wit: I, Salome Crisman, a Notary Public in and for the State and County aforesaid, do hereby certify that Garvin Bowles and Iva Mae Bowles his wife and Nora L. Garber, whose names are signed to the foregoing and annexed writing, bearing date the 6th day of July 1942, have this day personally appeared before me in my said i �'ounty and acknowledged the same. My commission expires July 3, 1944. Uiven under my hand this 6th day of July, 1942. SALOLIL CRISMAN NOTARY PUBLIC. VIRGIIIIA FREDERICK COUNTY SCT: This Instrument of writing was produced to me on the 6th day of July, 1942, at 2:45 P.M. and with certificate of acknowledgment thereto annexed was annexed was admitted to record. i ,�11�ea;-"r CLERK. �a #511 NOIL1 L. GARBER ET VIR TO :. .: DEED OF TRUST T*. RUUCATI11R 5ELL TRUSTEE ********L ATI ** *********** This Deed of Trust, made and dated this 6th day of July, 1942, Y , by and between Nora L. Garber and Charles E. Garber, her husband, parties of the first part, T. Russell Cather, Trustee, party of the second party and Garvin Bowles, ;! party of the third part, Witnesseth: That the said parties of the first part, for and in consideration of the sum of ten dollars and other valuable considerations, cash to them in hand paid, the mceipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said party of the second part, with general warranty of title, all of the following described real estate, to -wit: "11 of that certain tract or parcel of landq together with the buildings and improvements thereon and all rights and appurtenances thereunto belonging, lying and being situate on both i sides of route #522, commonly known as the Winchester -Front Royal Turnpike, and on the \ south side of U. S. 'route #50, about one-half mile southeast of the City of Winchester in Shawnee IJagisterial Distra.cty Frederick County, Virginia, and containing approximately s two hundred (200 A.) acres. this is the same property which was conveyed to Nora L. i Garber b'r rip -A frn, r.. , •.i r 1 , , . I r. #2721 • TOOK 553 PACE 724 , The attached plat, and courses and distance description, made by H. Bruce Edens Certified Land Surveyor, Winchester Virginia, dated October 26; , 19 62 of the lands of Garber Trust Land situate in Shawnee District; Frederick County•, Virginia, and , being the same land acquired by •the• said 0. Lee Garber, ET ALS, Trustees .by deed dated May 27, , 19 64 from I . • Charles E. Garber of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 3_, Page ls2 , is hereby confirmed and submitted for record in the aforesaid Clerk's Office. Q Given under our hands this C5?7 day of(6)C�6C,L_ EAL) .I�LtL_(L_KS EAL ) Owner • �� (SEAL) Owner • (SEAL) Owner STATE OF VIRGINIA COUNTY OF FREDER CK TO-WITi I. , a Notary Public for said Cou ty of Frederick, in he State of Virginia, do hereby _ M certify t CL A4__�C?v whose names are signed to the foregoing Certificate 000nfirmatinn (° by Owners, and Plat, bearing date of the •�day oKaff C 19S, have acknowledged the same before me in my county afore- said. M a i i My Commisslon Expins June 23,1986 1,inn,y comm an on eXp Yes ,.•r` t��c'�,•�f; F't4 Given under my han this �! dayof , 19 �. OF.. ` Notary Public Cj Y..ry • 7-2 5 n Boa 553 FACE 725 b r►��v . • .r 00, B a 1 0 t i N6 ;00N Ny9� JQO 00 e L is Op F a qua gay 2 O 2 m A • N 01 W IL r as_ 8 b : 2 (� i S� 1 � r S - -8Z.9 /" R£MA/N/NG PORT/ON GA RSER TRUS T L. A N D SHAWNEE D/Sr.,FRED£R/CK CO.,VA. SCALE /'j200' ' OC r. 26, /982 GREEN WAY ENG /NEER/NG 6 S[/RVE Y/NG CO. R O. BOX 666 wlNCNESTER, V/RO/N/A -726 soak 553 b u 726 The accompanying plat represents a survey of a portion of the land conveyed to 0. Lee Garber,et als, Trustees, by Trust agreement of Charles E. Garber, dated 27 May 1964 and recorded In - the Frederick County Court Clerk's Office in Deed Book 300 at page 192. The said land fronts the East Boundry line of U.S. Route 522 In Shawnee Magisteril District, Frederick Bounty; Virginia and is bounded as follows; Beginning at an iron pin in the East line of route 522 at the Southeast corner of the F &.1.1 Bank Lot; thence with the two follow- ing lines of the said lot S60023'46"E - 290.40 Ft. to an iron pin; thence N49°00'29"E - 159.00 Ft.., to an iron pin in the South line of the Delco Development Corp. Landf thence with the said line S60023'46"E-'852.81 Ft. to an iron'pin in the 1-lest line of the .34.012 acre tract of Lages Land; thence with the said tract the two following lines S23022'33"W - 82.91 Ft. to a posts thence S22044'o7"W - 792.02Ft. to a set stone corner to the J & P Properties Land;thence with the said land N84°26'38"W 1116.98 Ft. to a concrete monument found at the Southeast corner of the Lowe's Investment Corp. Land; thence with the two following lines of the said land. N37'26'02"C - 300 Ft. to a concrete monument found; thence N52°33'58"W - 600.00 Ft. to an iron pin set in the East line of route 522; thence with the arc of a curve to the right 127.65Ft. to a concrete monument found at the P.T. of the curve (chord N46° ' 19'43"E - 127.61 Ft. - Radius - 1379.40 Ft.); thence with the • said East line •N49°00'29" E - 713.38 Ft. to the beginning. Containing ---------------- 32.4922 Acres Surveyed ---------------- :October 26, 1982 Opp V c .' •. �. 1t 2 5: �. I.ANU �,�of Y .'ilnh %%.'I Pronucod to r1M on thra h .. on'., with cnrtlflCat• I � day sf 0 •tknowlNQment thor•to Nrxgned was �teQ i.'tlA I I M REZONING REQUEST # 003-87 Lowe's Investment Corporation Rezone 7.79 acres from B-1 (Business Limited) and B-2 (Business General) to B-3 (Industrial Transition) LOCATION: East side of Route 522 South, south of the Route 50 intersection MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Vacant land and plumbing supply business zoned B-2 (Business General) PROPOSED USE AND IMPROVEMENTS: Expansion of the Lowe's Home Improvement Center and Building Supply retail store REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to rezoning. It appears from the site plan that they are not proposing any additional entrances. If this is true, no additional comments as far as this office is concerned. Health Department - No objection as facility is served by public water and sewer. City of Winchester - City water and sewer mains are located on the east side of U.S. Route 522 adjacent to the Garber Trust Land. Service taps are available to the Garber Trust Land or parcels sold from the Garber land providing the parcels remain adjacent to the mains. Present Lowe's operation has City water and sewer, any new taps will require County approval. No sewer main extensions will be considered at this time. Greenwood Fire Company - No objection; must meet the requirements of Chapter 10, Fire Protection, of Frederick County Code. Inspections Department - No objections. Specific comments to be made when site plan is submitted. Planning and Zoning - The rezoning request involves two lots including the Page 2 Lowe's Rezoning 3.62 acre Garber Trust Land portion in the rear currently zoned B-2 and the existing 4.17 acre Lowe's site, currently zoned B-l. The request is to rezone both lots to B-3 (Industrial Transition). Construction material supply businesses are an allowed use in the B-3 Zoning District. The proposed rezoning will allow the legal expansion of the existing Lowe's use. In general, rezoning from B-1 or B-2 to B-3 implies a general reduction in traffic generation rates per square footage of the use. Surrounding land is vacant or contains uses compatible with B-3 zoning. No negative impacts are expected from the rezoning. B-3 (Industrial Transition) Zoning would be compatible with the uses occuring along this portion of Route 522. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION RECOMMENDATION: Unanimous approval. t APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA Zoning Amendment No. o Submittal Deadline is January 9, 1987 Application Date January 7, 1987 For the Meeting of February 4, 1987 Fee Paid $104.00 , /)J 1. The applicant is the owner other X (check one) 2. OWNER Garber, 0. Lee & Julian F. & OCCUPANT: ( if other than owner) NAME: Donald E., Trustees NAME: Lowe's Investment Corporation ADDRESS: 2033 Garber Road ADDRESS: Box 1111 Winchester, VA 22601 North Wilkesboro. NC 28656 TELEPHONE: (703) 662-5422 TELEPHONE: (919) 651-4756 3. The property sought to be rezoned is located at (please give exact directions) the east side of Route 522 South, south of the Route 50 I, intersection. 4. The property has a frontage of 375 feet and a depth of 1,192.59 feet and consists of 7.79 acres. (Please be exact) Garber, 0. Lee & Julian F: & Donald E., Trustee 5. The property to be rezoned is owned by Lowe's investment Corporation as evidencfJ by deed from �< (insert) recorded in deed book no. 4n4 on page,_, registry of the County of (insert) Garvin Bowles & Iva Mae Bowles Garber, 0. Lee & Julian F. & Donald E., Trustees 6. This property is designated as parcel no. 4 & 4-B on tax map no. 64 in the Shawnee Magisterial District. 7. It is desired and requested that the property be rezoned from R-1 to B-3 8. It is proposed that the property will be put to the following use as an expanded Lowe's Home Inprovement Center & Building Supply retail store. 9. It is proposed that the following buildings will be constructed Existing.sales_floor _will be expanded by ± 9,900 sq. ft. One new accessory _buildiniwill be constructed and the existing accessory building will be relocated on the property. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1. Address: Charles W. & Norma A. Richard 2101 Garber Road, Winchester, VA 22601 Property ID# : 64B-00-A-00-0000-0000-0007-0 2. Address: William R. & Esther E. 2115 Garber Road Winchester VA 22601 Property ID# : Mitchell 64B-00-A-00-0000-0000-0008-0 3. Address: Richard G. & Diane F. Vieth 2131 Garber Road Winchester VA 22601 Property ID# 64B-00-A-00-0000-0000-0009-0 4. Address: Donald E. Garber 2061 Front Royal Road Winchester VA 22601 Property ID#: - 1-00 0-0000-0004-0 ' Rage Two Rezoning 'MaMP 5. Wolseley-Hughes Acquisition - c/o Ferguson Enterprises, V. P. Finance Address: P.O. Box 2778-618, Bland Blvd, Newport News, VA 23620 Property ID# : 64000-A-00-0000-0000-0004-E 6. J. P. Properties, Inc. Address: P.O. Box 824, Windermere, FL 32786 Property ID#: 64-000-001-0000-0000-00OA-0 7. Address: Property ID#: 8. , Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the County of Frederick, Virginia, with the above facts as support of this application . . Signature of Owner: Signature of Applicant: �`�� s�� '^C, C� /Uif'�11`I��II"�t�01"3 LG�i��5 1��11 ��a�G �c�• Complete Mailing Address: Lowe' s: Box 1111, N. Wilkesboro, NC 28656 Garber: 1897 Front Royal Drive, Winchester, VA 22601 Telephone Number: Lowe's: (919) 651-4756 Garber: (703) 662-5422 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) o� —'�- O Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) d- /(- 8i DApproval Denial COUNTY ADMIN. (signed)