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005-21 (RezoningCRTPropertiesLLC) a ORDINANCE y�s�+rY Action: PLANNING COMMISSION: June 16, 2021 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: Julyl4, 2021 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#03-21 CRT PROPERTIES, LLC WHEREAS,REZONING#03-21 CRT PROPERTIES,LLC.,was submitted by Painter-Lewis PLC,to rezone_75 acres froin RA(Rural Areas)District to the B2(General Business)District with proffers,and 4.09 acres from the B2 (General Business) District to the B2 (GeneraI Business) District with revised proffers, totaling 4.84 acres. The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on June 16, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 14, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone to rezone .75 acres from RA (Rural Areas)District to the B2(General Business)District with proffers,and 4.09 acres from the B2(General Business)District to the B2 (General Business)District with revised proffers,totaling 4.84 acres, all as shown on the proffer statement bearing signature date December 7, 2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 141 day of July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Mary T. Pidlice Interim County Administrator Res# 005-21 41GK COL REZONING APPLICATION #03-21 CRT Properties LLC wrim Staff Report for the Board of Supervisors Prepared: June 30,2021 1738Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/16/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA(Rural Areas)District to the B2 (General Business)District with proffers,and 4.09 acres from the B2(General Business)District to the B2(General Business)District with revised proffers,totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane,Winchester,in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone five parcels of land from the RA and B2 Zoning Districts to the B2 District with proffers. Four of the subject parcels were rezoned to the B2 District with Rezoning #08-08 for Botanical Square;this proposal would rezone parcel 53-A-73 to the B2 District and bring all five parcels under one proffer statement. The site is located within the limits of the Round Hill Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a commercial land use designation;the properties are also within the limits of the Sewer and Water Service Area(SWSA). The requested B2 Zoning for parcel 53-A-73 and the current existing B2 zoning of parcels 53-A-74,53-A-75,53-A-76,and 53-A-77 are consistentwith the goals of the Comprehensive Plan. The transportation and corridor enhancement proffers associated with this rezoning are also consistent with the Comprehensive Plan. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 16, 2021 meeting. The impacts associated with this requested rezoning appear to be addressed by the scope of the proffer statement; there appears to be no additional impacts that are anticipated to Frederick County or the surrounding properties. Following the required public hearing, a decision re-arding this rezoning-application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 903-21 CRT Properties, LLC. June 30, 2021 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 06/16/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA(Rural Areas)District to the B2 (General Business)District with proffers,and 4.09 acres from the B2(General Business)District to the B2(General Business)District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77 PROPERTY ZONING: RA (Rural Areas) and B2 (General Business) Districts PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant B2 (General Business) Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning 903-21 CRT Properties, LLC. June 30, 2021 Page 3 REVIEW EVALUATIONS: Virginia Dept.of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 50.This route is the VDOT roadway,which has been considered as the access to the property.VDOT is satisfied that the transportation proffers offered in the CRT Properties rezoning application dated August 25,2020,address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs,drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs,including right-of-way dedications,traffic signalization,and off- site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. Frederick-Winchester Health Department: This office has no objections to the zoning requested. The existing septic system&cistern must be properly abandoned/demolished per VDH guidelines prior to business Commercial development. Frederick-Winchester Service Authority: FWSA defer to Frederick Water. Frederick Water: Water and Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands,so no comment is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Frederick County Department of Public Works: A comprehensive review shall be performed at the time of site plan submission. Frederick County Fire Marshall: Plan approved. Frederick County Park&Recreation: Parks and Recreation recommends a sidewalk along the west side of Botanical Blvd. to connect development to the 10' trail along Northwestern Pike (Route 50). Planning & Zoning: 1) Site History The original Frederick County Zoning Map(U.S.G.S.Winchester Quadrangle)identifies these properties as being zoned A-2(Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas)District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject properties to the RA District. Parcels 53- A-74, 53-A-75, 53-A-76, and 53-A-77 were rezoned from the RA District to the B2 (General Business) District with proffers with the approval of Rezoning#08-08 for Botanical Square. Rezoning 903-21 CRT Properties, LLC. June 30, 2021 Page 4 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans,Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plan The Round Hill Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a commercial land use designation;the properties are also within the limits of the Sewer and Water Service Area. The requested B2 zoning for parcel 53-A-73 and the existing B2 zoning of parcels 53-A-74,53- A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The Plan also outlines a number of design principles that are encouraged for the Route 50 Corridor. A 50' landscaped buffer area with a 10' trail is identified along Route 50, building placement closer to Route 50 and architectural standards are also encouraged. With this proposal,the owner has proffered to provide the landscaped buffer and 10' asphalt trail along Route 50, proffers pertaining to architectural standards and parking limitations between buildings and Route 50 are also provided. The corridor enhancement components of this rezoning are consistent with the goals of the Comprehensive Plan. The transportation network of the Round Hill Land Use Plan encourages consolidated entrances, interparcel connections, and connections to Route 50 at signalized entrances. The subject rezoning prohibits direct access to Route 50;access will only be provided via Botanical Boulevard which has a signalized intersection with Route 50. The transportation component of this rezoning is consistent with the goals of the Comprehensive Plan. 3) Proffer Statement—Dated December 7, 2020: Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as"CRT Properties,LLC Exhibit 1", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development,the location of the principal site access,the location of parking areas,the location of a 50' landscaped buffer along Route 50,and transportation improvements. Please refer to the attached drawing named"GDP". Rezoning 903-21 CRT Properties, LLC. June 30, 2021 Page 5 Route 50 Right of Way Improvements The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. Improvements to Botanical Boulevard and Traffic Signalization The owner will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of the traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed,the owner agrees to pay $150,000.00 for future transportation improvements within the Route 50 and Botanical Boulevard rights-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. Monetary Contributions to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of$5,000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. Route 50 Buffer The owner agrees to construct a ten(10)foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of-way. The trail will be paved with an all-weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail,landscape elements,means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation,or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the property excluding,however, occupancy of the existing structures on the property which are currently occupied for residential use. Rezoning 903-21 CRT Properties, LLC. June 30, 2021 Page 6 Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone,stone,brick,glass,wood,stucco,or other high quality, long lasting masonry materials. Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. Maximum Floor Area The owner agrees to limit the gross commercial floor area that will be built on the 4.9 acres to 36,000 square feet. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21 MEETING: Staff provided an overview of the application to the Planning Commission. Mr.John Lewis of Painter- Lewis P.L.C.,representing the Applicant came forward and provided a brief overview of the proposal. Mr. Lewis stated that when the Botanical Square rezoning was processed,there was one property still being utilized for residential purposes and at the time that owner did not want to be included in the rezoning. The subject property,Mr.Lewis stated,is no longer utilized for residential purposes and this proposal is seeking to include all parcels under one rezoning application. There were no public comments during the public hearing and the Planning Commission recommended approval of REZ 403-21 CRT Properties, LLC. (Note: Commissioner Kozel was absent from the meeting) Following the required public hearing, a decision re-arding-this rezoning-application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZ # 03 - 21 : CRT Properties LLC PINs: 53 - A - 73, 53 - A - 74, 53 - A - 75, 53 - A - 76, 53 - A - 77 Rezoning from RA to B2 and B2 to B2 Zoning Map t ¢a � ago - .. REZ#03-21 m Wq�MgRrO U� R m RE, #03-21 f�0 G GAO MgRR/pn.QR OREZ#03-21 G� Qto RE,, #03-21 f3?3 C UMOB RE,, #03-21 r a NORTH WESTERN PIKE O 4� l � s o Round Hill ., yPIKE ^-+ 5 _ 37 +Ap1HER5T ST�l RDUND HILL RD c GtR.CJ , CS:.Cld r IWinchester STONEWALL DRi G� ffEp G� 3 37 Q Application Parcels r N Sewer and Water Service Area 1 B2(General Business District) \ W . E 1 S r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 100 200 400 Feet Map Created:May 20,2021 REZ # 03 - 21 : CRT Properties LLC PINs: 53 - A - 73, 53 - A - 74, 53 - A - 75, 53 - A - 76, 53 - A - 77 Rezoning from RA to B2 and B2 to B2 Location Map t �o a a 4. 3 � , REZ#03 21 p� Wq lMq �E RT R r O +> V m Ow ". REZ r .VW G GAO , _ MgRR/0�t)R •. • / O �I RF, #03-21 F IL RE, #03-21 NO _ -- NORTHWESTERN PIKE _r 02 4Q Vf Round Hill 37 AMHERST ST r r• �y+�yp RDUND HILL RD c .• '' � _tAA:A�i�f6ALT.iI..... � Winchester . .• gym ._1AA:A�Lf.A�LTAI3NAJ - 3 37 Application r N Parcels 1 Sewer and Water Service Area \ E 1 S. r r �A'; Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 100 200 400 Feet Map Created:May 20,2021 REZ # 03 - 21 : CRT Properties LLC PINs: 53 - A - 73, 53 - A - 74, 53 - A - 75, 53 - A - 76, 53 - A - 77 Rezoning from RA to B2 and B2 to B2 Long Range Land Use Map t r � ago r � REZ,#03-21 m ®QY�3 U� A�MgRTOR o� m W 90 r 53 A 74 pr hL i� F�10 ['J�l;�lCLt REZ#03-21 G GAO MARR/pn.�R o? Gam' maw REZ#03^2;1 f m Et3At7r7 C CMOB REZ#031 F�3AEC3 - NORTHWESTERN PIKE 50 v 4Q 50 Round Hill -- - - 37 AMHERST ST ROUND HILL RD CSFO�TJ p Winch "ester gApplication 37 �3 Parcels Sewer and Water Service Area N Long Range Land Use 1 0 Business 7 wE 1 S i Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 100 200 400 Feet Map Created:May 20,2021 PROFFER STATEMENT CRT Properties LLC 424 West Cecil Street „� Winchester, R�. '271601&N& Nancy R. Johnson 2054 Northeastern Films VinC.Nester, V 02 99-6 03 Property: 0.75 acres PARCEL ID: 53-A-73 And Proffer Revision to Rezoning #08-08 PARCEL IDs: 53-A-77,53-A-7653-A-75,53-A-74 Gainesboro Magisterial District December 7, 2020 Prepared by: P;A:I!^TER-L EV'Itls, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007006 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 0.75 acres, Parcel #53-A-73 from RA to B2, and the revisions proposed to the Proffers associated with Rezoning #08-08, the development of these parcels will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be, binding on the property owners and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owners agree to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as "CRT Properties, LLC Exhibit 1", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The owners will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The owners will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the owners will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by 1 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 VDOT and no signalization agreement is executed, the owners agree to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 4.) Monetary Contribution to Frederick County Service Organizations The owners will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The owners agree to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right- of-way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the owners will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any fagade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owners agree that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The owners agree to limit the gross commercial floor area that will be built on the 4.90 acres to 36,000 square feet. 2 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these Proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 Submitted By: Nancy R. Johnson Nancy R. Johnson Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To-Wit: The foregoing instrument was acknowledged before me this day of by Nanc R.�J,lohnson. My commission expires o �* 31•��3 Notary Public --------------- 1-. THOMAS IOTA Y PUBLIC Fjlnc(";�e= •-h ref`•' rginia „tjl I ;chin ssicr. x,...�s .,...;ust 31,2023 5 120 0 120 8 I p �I Scale in Feet N . i`b' �II - ! (C 0) AT Z R' to AmoJill. Z O CnLM, C leg, L0 ...... .._ .... ...... wa- .20 E ' ftp s• .. %oa PAINTER-LEWIS, P.L.C. PROJECT: OTHERS CNA 817 Cedar Creek Grade, Suite 120 GENERALIZED DEVELOPMENT PLAN P-L BY. JOB NO.: CRT PROPERTIES LLC P-� soo7oos Winchester, Virginia 22601 Telephone (540)662-5792 FREDERICK K COUNTY. VA.BIT I SCALE. DATE:SH Facsimile (540�662-5793 E X2/07/20 CONSULTING SHEET: GDP ENGINEERS Email office®painterlewis.com Co v� rx� Ye .AMENDMENT w � ,I GMM mx Action: PLANNING COMMISSION: October 1, 2008 - Recommended Approval BOARD OF SUPERVISORS: October 22, 2008 ID APPROVED ❑ DENIED AN ORDNANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-08 OF BOTANICAL. SQUARE WHEREAS, Rezoning##08-08 of Botanical Square, submitted by Painter-Lewis,PLC,to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 7, 2008 and final revision. dated October 9, 2008 for Commercial Use,was considered. The properties are located on Route 50 West, at the northeast comer of the Route 50 and Botanical Drive intersection, approximately 1/4 mile west of Route 37, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A76 and 53-A-77. WHEREAS,the Planning Commission held a public hearing on this rezoning on October 1,2008;and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive - Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning,is amended to revise the Zoning District Map to change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 433-08 This ordinance shall be in effect on the date of adoption. Passed this 22"d day of October, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. y Philip A. Lemieux Aye A COPY ATTEST r { Joffini W'Riley, r. Frederick County Administrator PDRes.#33-08 BOTANICAL OMNI 1 N1B I L , INC. Route 50 West Proffer Statement Rezoning #: Property: 4.16 acres PARCEL ID's: 53-A-74 Recorded Owner: Carolyn R. Turner PARCEL ID's: 53-A-75, 53-A-76, 53-A-77 Recorded Owner: Robert B. and Nancy R. Johnson Applicant: Omni Design/Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 Project Name: Botanical Square Route 50 West Original Cate of Proffers: February 7, 2008 Revision Date(s): July 1, 2008 - Seeder r mer -u, �vvv October 9, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0612010 PROFFER STATEMENT PARCEL ID PARCEL Us: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#s 53- A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject property (the site) shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owners and their legal successors or assigns. For the purposes of these proffers, the property includes all or any portion of parcels TM#s 53-A-74, 53-A-75, 53-A-76, and 53-A-77. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07101108, identified as "Botanical Square/Route 50 West", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and subi-iliited for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Trak Signaliization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed, the applicant agrees to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the may` property which are currently occupied for residential use. page 2 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A--77 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of- way. The trail will be paved with an all weather surface acceptable to the Frederick County - Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade facing Route 50 and Botanical Boulevard s;-lall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. page 3 PROFFER STATEMENT PARCEL ID PARCEL ID's; 53-A-74, 53-A-75, 53-A-76, 53-A-77 MOEM=- Carolyn R. urner_gjit /County of 'U\)l , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I day of 0CJ- , 200 Y Notdry Public My commission expires: 0 �, / page 5 PROFFER STATEMENT PARCEL 1D PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Submitted By: Nancy R. john-s City/County of V4 C-�'�� t e�r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this f day of 200 Ni Publiclic My commission expires. page 4 60' 0' 10' ASPHALT ;a BICYCLE TRAIL — ` Scale 1" 60 ft W Z f; O 4 Q U) C� l'7 1D W _—i 3 i 4 U, \� 5 w I— OQO O — [� m z w ll 5 �j LLJ t Lli Q cj Ct LL- � Ct , c ACCESS SHALL BE ■ MAINTAINED TO THE i4 EXISTING RESIDENCE 0 t m! J cn 1 � � vi LI)cnLo IN VI ttiz1 � � � fid & C ` l `n !_[7 `" m� > @) °�' L () (L) 2 l �l G V• j z U� U O U7 (D .0 P.f N 5J-A-73 c E oa e I>{20P. SITE ENTRANCE URE - - - - - - - - Iii � NALIZED L EXISTING SURVEY: SIGNALIZED � � ~ - /�i �- - --- - - - - - INTERSECTION s ,f� — — —�— — — — — — - no N/A j DRAWN BY: JOB NO.: J SS 0612010 I t~ � SCALE: - DATE: 1"=50.0' 7/01/08 Drawing: GDP 1 Luoo's!mGjjG4u!Ddoao!jjo :I!ow3 S833NION3 Oo VIN106A ',�iNnop >ioi��ai�A 26L9—'Z99(OV9) 91!w!sor)3 ONunSNOO 0 z z's SNI —Z99(OV9) @uoqdaI@j Z6L9 co `ciwS/NOlS:]C1 INM L09ZZ [)!U!5JIA 'Ja1s@q-)U!M isim, og iimj OZ 9j!nS 'OPDJO r9GJO JDPOO L1,2 32jvnbs �VOINViOS SIM3l-H3.lNlVd QIP 0 1—iE jJ -c)2 tf (0 II -3A OYNI 8.3,;ns o L5 III ti II IBI 11 M 0 AM,: iii 1 III > II -J, wca III z M-- II M, II U Ile X —BUFFER/BRA 60 USIJVCI� I Z IMPACT ANALYSIS STATEMENT CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007026 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS I. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 7 K. REZONING #08-08 PROFFERS 7 page 2 IMPACT ANALYSIS STATEMENT CRT Properties LLC— Botanical Boulevard I. INTRODUCTION CRT Properties LLC (the owner) proposes to rezone one parcel of land located at 194 Echo Lane in Frederick County, Virginia. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by the Tax Map Number 53-((A))-73. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The total area of the request is approximately 0.75 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site.for commercial purposes. This parcel lies adjacent to another property owned by CRT Properties LLC identified by the Tax Map Number 53-((A))-74. The property was the subject of a 2008 rezoning #08- 08 which included Tax Map Numbers 53-((A))-75, 53-((A))-76, and 53-((A))-77. These four properties are bound together by common proffers associated with the 2008 rezoning. These proffers include making improvements to the road infrastructure of Route 50 and Botanical Boulevard, the construction of pedestrian facilities, the location of access from Botanical Boulevard, limits on new building floor area, contributions to Fire and Rescue service organizations, and parking lot location. It is the intent of the owner to bind this 0.75 acres to the proffers associated with the four parcels which were the subject of Rezoning #08-08. A. SITE SUITABILITY The Frederick County Comprehensive Plan shows that the area containing the site is within the Round Hill Community Land Use Plan area. Commercial and medical use development is identified along Route 37 and Route 50. Immediately to the west of the site is land which was rezoned to B2 in 2003 under the name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access roads have been constructed along with several smaller, commercial projects. Significant improvements to Route 50 and the Route 37 access ramps have occurred in association with these two rezoning and development projects. Botanical Boulevard, a future major collector road, has been constructed parallel to the eastern boundary of the site. Botanical Boulevard is a public roadway. The right of way is separated from the site by a 40' wide strip of land owned by Winchester Medical Center, LLC. The applicant is in negotiations with Winchester Medical Center for permission to access the site from Botanical Boulevard. Sound planning policy will limit the number of points of access along Route 50 due to the high volume of traffic and number of lanes. The applicant intends to develop the site using Botanical Boulevard as the main point of access in coordination with the other parcels mentioned above as the subjects of the 2008 rezoning. Along with the development of this parcel, the owner will agree to abide by the proffers which were submitted and approved with the 2008 rezoning. A revised Proffer page 3 100 0 100 Scale in Feet / EX. 20' FCSA WATER & SANITARY / SEWER EASEMENT A WAL—MART REAL ESTATE BUSINESS TRUST TM52—A—D ZONED B2 WINCHESTER MEDICAL CENTER INC USE: COMMERCIAL f r .j`. TM53—A-68 ' f ZONED: B2MS USE: COMMERCIAL ` 1 EX. 20' FCSA \ / r WATER do SANITARY r CRT PROPERTIES LLC I SEWER TM53—A-73 EASEMENT / PRIMAX PROPERTIES LLC US Z NEED: RA 41 / ZONED: B2 USE: VACANT PRNATE STOR Q DRAIN 1 EASEMENT / ��, l so 1 o/ I BOTANICAL ASC REAL ESTATE LLC Q/ CRT PROPERTIES LLC TM53—A-68E TM53—A-74 ZONED: B2MS h� ZONED: B2 / USE: VACANT / USE: RESIDENTIAL / I I 0 \ / EX. 20' E / RAIN STORM D —� \ DRAIN \ EASEMENT NANCY RENNER JOHNSON TM53—A-75 / ZONED: B2 USE: RESIDENTIAL / 11117- PAINTER-LEWIS, P.L.C. PROJECT: OTHERS c.lA 817 Cedar Creek Grade, Suite 120 EXHIBIT 1 DRAWN BY: JOB No.: Winchester, Virginia 22601 PARCEL LOCATION P—L 2007006 Telephone 540)662-5792 CRT PROPERTIES LLC SCALE: DATE: FREDERICK COUNTY, VA. SHOWN 8/25/20 CONSULTING Facsimile (540)662-5793 SHEET. ENGINEERS Email office®painterlewis.com EXHIBIT 1 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard Statement and Generalized Development Plan are shown in Section 8 of this application. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property is gently sloping from the northern side of the site in a southeasterly direction. There are no steep slopes on this site as defined by the Frederick County Zoning Ordinance. MATURE WOODLANDS There are no mature woodlands located on this site. Existing vegetation is of the type that is typically associated with residential development in rural areas. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%). These soils are part of the Frederick- Poplimento-Oaklet association which are gently sloping to very steep, very deep, well- drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, and SC. B. SURROUNDING PROPERTIES The parcel to be rezoned is currently bordered to the south by another parcel owned by CRT Properties LLC. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2. The subject parcel is bordered on the east by TM# 53-A-68 which is owned by the Winchester Medical Center and beyond that is the Botanical Boulevard right of way. The parcel with the TM# 53-A-68 is also to the north of the parcel to be rezoned. Surrounding properties are shown on Exhibit 1. Tax MapNo. Owner Ex. Zoning Ex. Use 53-A-74 CRT PROPERTIES LLC B2 Residential 52-A-D WAL-MART REAL ESTATE BUSINESS TRUST B2 Commercial 52-A-M PRIMAX PROPERTIES LLC B3 Vacant 53-A-68 WINCHESTER MEDICAL CENTER INC B2MS Vacant Access to the subject parcel is currently via Echo Lane. Echo Lane is a private access road which intersects Route 50. Once this property is developed in conjunction with the other four properties which were the subject of Rezoning #08-08, the Echo Lane access page 4 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard will no longer be used. The Echo Lane right of way is shown on Exhibit 2, "Parcel Metes and Bounds" on the following page. C. TRAFFIC Since this parcel will be subject to the development restrictions identified in the proffers associated with Rezoning #08-08, no additional traffic will be generated as a result of this rezoning. D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is generally sloping from the north to the south-southeast. Surface water crosses the site and collects along the south bound lane of Botanical Boulevard on the eastern portion of the site. The existing stormwater system in the Botanical Boulevard right of way conveys runoff to the east along the Route 50 right-of-way, under Route 37, and eventually discharges to Abrams Creek. Any development on this site can be expected to increase storm water runoff. Storm water management facilities will be constructed as required as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. The storm water detention facility which was constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. The drainage system on the Valley Health property located to the east of the site was designed to intercept and channel stormwater flows across their property and under Route 50. Drainage patterns and topographic information is contained on Exhibit 3 on the following page. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located on Route 522 north of the site near its intersection with Indian Hollow Road approximately 2 miles north of the subject page 5 so o so Scale in Feet / / EX. 20' FCSA WATER & SANITARY SEWER EASEMENT INSTR. WAL-MART / 1 ! #080006461 REAL ESTATE WINCHESTER TM52—A—D MEDICAL CENTE ZONED: B2 TM53—A-68 USE: RETAIL INSTR. #08000 461 s i e�� -gr o ^� � V CRT PROPERTIES LLC o TM53-A-73 / ZONED: RA /3 / p USE: RESIDENTIAL j 0.75 ACRES 0 I / EX. 20' FCSA WATER & SANITARY SEWER I EASEMENT 4SS INSTR. #080006461 / EX. 20' PRIVATE STORM DRAIN EASEMENT 1 INSTR. / I #080006461 PAINTER-LEWIS, P.L.C. PROJECT: OTHERS NA c 817 Cedar Creek Grade, Suite 120 EXHIBIT 2 DRAWN BY: JOB No.: Winchester, Virginia 22601 PARCEL METES do BOUNDS P-L 2007006 Telephone (540)662-5792 CRT PROPERTIES LLC SCALE: DATE: Facsimile (540)662-5793 FREDERICK COUNTY. VA. SHOWN 8/25/20 CONSULTING SHEET: ENGINEERS Email office®painterlewis.com EXHIBrr 2 20 ` 0 200L�� — —Scale in Feet / p5'2 81 :• G — � 73 f �,_ ,• r a , ��--55 A J 8 0 f 74 75 76 J 77 -r p 01 P R n 1 6 802,8 2 JG__ /00 7 26 11 PROJECT: SURVEY: c.i.: PAINTER-LEWIS, P.L.C. OTHERS NA 817 Cedar Creek Grade, Suite 120 EXHIBIT 3 DRAWN BY. JOB NO.: Winchester, Virginia 22601 CRT PROPERTIES LLC P—L 2007006 Telephone (540)662-5792 FREDERICK COUNTY. VA. SHALE: DATE: SHOWN 8/25/20 CONSULTING Facsimile (540)662-5793 SHEEP: ENGINEERS Email office®painteriewis.com EXHIBR 3 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $750 in tipping fees will be paid to dispose of 15 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are nine identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and the Folk Victorian Farmhouse have apparently been razed. The location and proximity to the subject parcel can be seen in Exhibit 4 on the following page. The subject property is not located in an area considered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been included following Exhibit 4. Nevertheless, this general area was peripherally involved in at least the Second Battle of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort Milroy. It was from the high view of Bowers Hill that the Confederate generals, including Ewell and Early, made their plans to attack the Union forces. The plan involved swinging infantry to the south of the subject property to a position west of Fort Milroy. The gently rolling land just north of the subject property provided the path for the Confederate forces to attack Fort Milroy. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. page 6 1 � � ��►t'i<<r x.11 • __.._iii.. . � 1►,. ... . �Ov T ' RIP ,A DRAWNOTHERS NA .� • - 2007006 SHOWN 8/25/20• SHEET- EXHIBIT 4 .. civil war Year Civil War Battlefields 1 1862 First Winchester Battlef ields 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester � Sites 6 1864 Third Winchester 622 7 1864 Cedar Creek 8 1864 Third Winchester Reynolds 9 1864 Second Kernstown Store (As Defined by the NPS Fortifications Shenandoah Valley Sites (Fortifications) Civil War Sites Study) 127 10 Parkins Mill Battery 11 1864 Winter Line Cross 12 Carysbrook Redoubt .function 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches 60 Gainesboro Clear Civil War Sites Brook Civil War Battlefields Gore 622 0 so ++; 269 622 Stephenson Albin s 0 3 6r w- 15�'37 Round ° I so HUl /' �`i6� 6 Shawneeland v o ,Winchester i �9 622 37 j 12 60 � 13 10 it � ,W Jr, 17 � �•, 11 Sta ft—S►ephens Tanneryo /city o I 77 tt i 14 622 Q 00.51 2 3 4 5 6 l LI J--A Miles 2035 Comprehensive Plan ' Adopted January 25,2017 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning and subsequent development, the boundary line between TM#53-A-73 and TM#53-A-74 will be vacated. This consolidation will likely occur with development. K. REZONING #08-08 PROFFERS It is the intent of the owner to comply with the proffers associated with Rezoning #08-08. These proffers are currently on file with the Frederick County Department of Planning and Zoning. page 7 Rezoning Comments Frederick-Winchester Service Authority 'Mail to: Hand deliver to: Fred-Winc Service Authority Fred-Wins Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the infonnation as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Painter-Lewis.PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester.VA 22601 Location of property: 194 Echo Lane Winchester.VA 22602 Current zoning: RA Zoning requested: B2 Acreage: 0.75 Fred-Winc Service Authority's Comments: Fred-Winc Service Authori 's Signature& Date: q 1?/2'o Notice to Fred-Winc Service Authority- Please Return Form to Applicant 34 iff ST Rezoning Comments Frederick-Winchester Health Department Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 201 (540) 722-3480 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick- Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,and any other pertinent information. Applicant's Name: Painier-Lewis.PLC Telephone: 540-662-5792 Mailing Address: 817 cedar creek Grade suite 120 Winchester,VA 22601 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: RA Zoning requested: e2 Acreage: Frederick-Winchester Health Department's Comments: TtI,S ar"f►cr - A +Jo C.i�$r('Tf�.�rj To - 1Fy�i•�C4'�cs'T - 'T}1E ��•5-r�a G ,5� .L s• 5�F r. -�- e)S�F e n} M�S� �� ,�..•�>z �hl-yY».ii� �£MoL�SH$J �t� Lr 1- G..�cl,.�t� a7F�� "TO � �3•'� ls` Health Dept. Signature& Date: C/./-5 Z G Notice to Health Department- Please Return This Form to the Applicant LI I 27 Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens_ City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their':f review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter-Lewis,PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester,VA 22601 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: RA _ Zoning requested: B2 Acreage: 0.75 Frederick Water Comments: Water an Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Notice to Frederick Water-Please Return This Form to the Applicant Frederick Water Signature & Date: 9/23/2020 26 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks&Recreation Department of Parks&Recreation 107 North Kent Street County Administration Bldg.,2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Painter-Lewis,PLC Telephone: 540-662-5792 — Mailing Address: 817 Cedar Creek Grade suite 120 — Winchester,VA 22601 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: RA Zoning requested: B2 _ Acreage: 0.75 Department of Parks& Recreation Comments: uJ.eA 4o -- Pks. & Rec. Signature &Date: "2 Notice to Department of Pars Recreation-Please Return This Form to the Applicant 24 RECEIVE( Rezoning Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn:Director of Engineering 107 North Kent Street 107 North Kent Street Winchester,Virginia 22601 Suite 200 (540)665-5643 Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,and any other pertinent information. Applicant's Name: Painter-Lewis,PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade suite 120 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: RA _ Zoning requested: B2 Acreage: 0.75 Department of Public Works Comments: At Public Works Signature&Date: i Notice to Dept. of Public Works-Please Return This Form to the Applicant 22 Rezoning Comments Z., 4 f- Virginia Department of Transportation Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg,Virginia 22824 Winchester, Virginia 22603 (540) 984-5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map,proffer statement,impact analysis, and any other pertinent information. Applicant's Name: Painter-Lewis,PLC Telephone: 540-662-5792 Mailing Address: 617 cedar creek Grade suite 120 Winchester,VA 22601 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: RA Zoning requested: B2 Acreage: 0.75 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have little measurable impact on Route Sii Thi-rniitp ffis the V^^T roadway which h^r,hppn ronidered ;'the arress to the iprnpeW/ VnnT is satisfiorl that the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020 address transportation concerns associated with this request. Before development,this office will require a complete set of construction plans detailing entrance designs,drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off site right-of-way must tie covered under a land VDO 'gignature& Date: o _ ii r: Notice to VDOT-Please Return Form to Applicant 21 t� r- Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Painter-Lewis,PLC Telephone: 5401662-5792 Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester,VA 22601 Location of property: 194 Echo Lane Winchester,VA 22602 Current zoning: tom, Zoning requested: B2 Acreage: 0.75 Fire Marshal's Comments: Fire Marshal's Signature& Date: ��_ Notice to Fire Marshal -Please Return This Form to the Applicant 23 SSP 112020 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name CRT Properties LLC 194 Echo Ln Winchester,Virginia 22602 Phone: 540-247-1619 Engineering Firm: Printed Date:09/14/2020 Painter-Lewis, PLC "General Information Received Date: 09/11/2020 Occupancy Type: Review Begin Date: 09/14/2020 Property Use: Review End Date: 09/14/2020 Activity Number: 109BJ038 Hours: 0.5000 Adam Hounshell Lieutenant/Assistant Fre Marshal Page 1 of 1 To be completed by Planning Staff Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received _ _ Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: CRT Properties LLC Specific Contact Person if Other than Above: Carolyn Turner Address: 424 West Cecil Street Winchester, VA 22601 Telephone: 540-247-1619 Email: 9athrockmorton@aol.com Name: Nancy R. Johnson Specific Contact Person if Other than Above: Address: 2054 Northwestern Pike Winchester, VA 22603 Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: _ Specific Contact Person if Other than Above: _ Address: Telephone: _ Email: ._ 3. Law firm,engineering firm,or other person,if any, serving as the primary contact person for this application: Firm Name: Painter-Lewis, PLC Specific Contact Person at Firm: John Lewis Address: 817 Cedar Cedar Creek Grade Suite 120 Telephone: 540-662-5792 Email: Jclewis@painterlewis.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property,will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning,the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name(if any): CRT Properties LLC 5. Property Information: a. Property Identification Number(s): 53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 b. Total acreage of the parcel(s): 0.75, 1.25, 1.0, 1.0, 0.84 c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned): .75 d. Current zoning designation(s) and acreage(s) in each designation: RA-Rural Areas Deistrict e. Proposed zoning designation(s) and acreage(s)in each designation: B2-General Business District f Magisterial District(s): Gainesboro g. Location -the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): 194 Echo Lane 118 Echo Lane h. Adjoining Properties: Parcel ID Number Use Zoning 53-A-74 residential 132 52-A-D commercial 132 52-A-M vacant B2 53-A-68 vacant 62M5 Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester,VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has,by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in,or who is an officer or director of,any entity that is an owner or contract purchaser of the property(you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: IZIu Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning RI Impact Analysis Statement 2✓ Proffer Statement(if any) 0 Agency Comments M Fee 2✓ Copies of Deed(s)to Property(ies) 0✓ Tax Payment Verification 0 Digital copies (pdf s)of all submitted items Page 14 7. Signature(s): I (we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we)authorize Frederick County officials to enter the property for site inspection purposes. L(we)understand that the sign issued 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. Owner: Date//a IDA-Ro If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): _. Date If signing on behalf of an entity,please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I(we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. L(we)understand that the sign issued 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. Owner: Date If signing on behalf of an entity,please state name of entity and your title: Owner: Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Rez. #03-21 CRT Properties LLC PINS 53-A-73, 53-A-74 53-A-75, 53-A-76, 53-A-77 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Wal-Mart Real Estate Business Trust P.O. Box 8050 Property#5 2-A-D Bentonville AR 72712 Name Primax Properties LLC Attn: Adam F. Sellner 1100 E. Morehead St Property# 5 2-A-M Charlotte, NC 28204 Name Winchester Medical Center P.O. Box 2280 Property#53-A-68 Winchester, VA 22604 NameFirst Bank c/o Accounting Dept. Property# 5 2-A-L 1835 Valley Ave Winr pster. VA 22601 Name Winchester Madical Center P.O. Box 2280 Winchester, VA 22604 Property# 53-A-68B Name Spring Arbor of Winchester LTD 800 Hethwood Blvd Property#53-A-82 Blackburg, VA 24060 Name The Marathon Bank c/o United Bank Attn: Angie Boar� 514 Market St. Property# 53B-3-5 Parkersburg, WV 26101 Name Property# Name Property# 16 `GK COQ Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Nancy R.Johnson Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 118 Echo Lane Winchester,VA 22603 540-665-8982 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-75,53-A-76.53-A-77 _ do hereby make,constitute,and appoint: Painter-Lewis, PLC Name of Attorney-In-Fact 817 Cedar Creek Grade Suite 120 540-662-5792 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: �✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing on behalf of an entir .) State of V i r 1 rl Ic� County/City of ,To wit: I, 111 C•—MCO m Ct ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the before me in the jurisdiction aforesaid this day of .' �20 � My Commission Expit'es-. 1 Notary Public - Registration Number: DENISE L. THOMAS NOTARY PUBLIC Commonwealth of Virginia My Commission Expires August 31,2023 cK COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us N Department of Planning&Development,County of Frederick,Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: CRT Properties LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 424 W.Cecil Street Winchester,VA 22601 540-247-1619 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-73,53-A-74 do hereby make,constitute,and appoint: Painter-Lewis, PLC Name of Attorney-In-Fact 817 Cedar Creek Grade Suite 120 540-662-5792 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: Q✓ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: .none This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if signing on NbehPofan entity) State of \J«-G,,tyalP► a► 'gouunty/City of ,To Wit: I v t�r� r �. C' ChT Public in and for the jurisdiction aforesaid,certifythat the person who si ed the f�egol�nstrur �,personally appeared before me and has acknowledged the same be 6 m i t e' is&ctiol> ford9did tl 4&: V5 day of`V�-W! ;20W • COMMISSION — C7 NUh1BER Q l�JO -z r •-�: My Commission Expires: 1 Notary P i •.�Q Registration Number: '1 ✓ 1 5�5 3 ••o kAl_Tl9 V f I� 190010052 N Pursuant to X517.1-223 (B), of the Code of Virginia, the existence of title insurance is wrknown to the preparer of this instrument. Prepared by Michael Hirsh,-Virginia Bar Number: 36569 Return to: Old Towne Title Co.,420 W.Jubal Early Drive,Suite 201,Winchester,VA 22601 Property Address: 194 Echo Lane,Winchester,VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED,made this jjday of ,20- ,by and between JANICE PAIGE L'LEWELLYN and MAMS-14A ANN DEHAVEN,Heirs to the Estate of ELVA E. HUFFMAN,deceased,(hereinafter,"Grantor") and CRT ] PROPERTIES,a'4Virginia Limited Liab'Ii n h ina er,' r ") has tax ' ing address ' WITNESSETH: That for and inconsideration of Ten and 00/100 Dollars ($10.00),and other good and valuable consideration,the receipt and or acceptance of which is hereby acknowledged,the said Grantor does hereby grant,bargain, sell,and convey,with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee,in fee simple, the following described property, to-wit: All of that certain tract of land,together with all the improvements thereon,rights and appurte- nances thereto belonging, situated in Frederick County,Virginia,about two miles Northwest from Winchester on the East side of the Lane running from the Northwestern Grade to the Charles Lupton farm, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker McC. Bond, S.F. C. August 3, 1942, and recorded with a deed rec- orded in DB 185 at Page 568. Gu1r)e51>a0e0 +she•'eF` I.t being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger,his wife, by Deed from Charles R. Hoover,a widower, dated August 1, 1942,recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick,Virginia,recorded in Deed Book 185,Page 568. ,. ' N• The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and ^� Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised her estate to her husband,Grover H.Clevenger. The said Grover H. Clevenger died testate March 25, 1964,and by his Last Will and Testament, recorded in Will Book 65, at Page 509,in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised the subject property to Page F. Huffman and Elva Huffman. The said Page F.Huffman died testate February 21,2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised his estate to his wife,Elva E.Huffman. The said Elva E.Huffman died testate June 13,2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court-of Frederick County,Virginia,devised her estate to her two daughters,Marsha Ann DeHaven and Janice Paige Llewellyn. This copveyance is made expressly subject to conditions,restrictions,reservations and easements of record,if any, constituting constructive notice. This conveyance is made subject to all easements,and building or use restrictions of record, including,but not limited to,those for public roads and highways,restrictive covenants,utilities, railroads, and pipelines. The conveyance is also subject to all applicable zoning, ordinances, statutes,rules, or regulations,as amended. WITNESS the following signature and seal: (seal) MJL;tF�JYrA11iW1h_LL0,LLYWIN , 01 F (seal) M RSHA ANN DEHAVEN G7 C= NJ Vk STATE OF CITY/COUNTY OF r to-wit: I,the undersigned Notary Public,in and for the City/County and State aforesaid,do hereby certify thaOANI C�'11"AIGE LLEWELLYN h s ersonally ed4h;sa a of mein t City/Coto aforesaid,on this 1Ey��day of 20 : Notary P PrintNa14yow Registrati Number: My Com fission Expires: a Jennifer.Lynn Smeeo Notary Public Keg 0319342 / Commonwealth o v MY Commission EXPIM STATE OF CITY/COUNTY OF to-wit: I,the undersigned Notary Public,in and for the City/County and State aforesaid,do hereby certify that MARSH ,.NN DEHAVEN has personally si t sam bef me in the City/County a d S#• .e aforesaid, on this c��Y of 20 Notary P I � h Print Nam Registratio umber: My Commt . on Expires: Jenoittear 14an saeeo N1fKiY�i 193422 commonwealtho - lliy Conaaolnlon Ta VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on N A5-19 at 1 '- - and with certificate acknowledgement thereto annexed was admitted tp record. Tax imposed by Sec.58.1-802.of � 4U/ ,and 58.1-801 have been paid,if assessable. Clerk DKII7;GIIlk wk - h�rr OF O CLARA HAHN RENNER 1,CLARA HAHN RENNER,of Frederick County,Virginia,being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament,hereby revoki-ig any and all Wills and Codicil's by me al any tiri6 heretofore made. FIRST I direct that all of my just debts and fimeral expenses be paid. SECOND: t leave lily entire estate,both real and personal,and wherever situated, of which I may die seized and possessed,or to whieh I may be entitled at die time of illy death,to I my daughter,NANCY RENNER JOHNSON. In the event the said Nancy Renner R:huson has predeceased me or does not survive me more than 48 hours,then and in that event,I leave lily estate Fo her son,DAN PEI,EDWARD JOHNSON.. THIRD: !nominate and appoint lily daughter,NANCY RENNER JOHNSON, as Executrix of nr.•Last Will and Testament. In the event that my Executrix is unable or unwilling to serve in that capacity,I nominate and appoint DANIEL.EDWARD JOHNSON,as Executor. No surety on any bond shall be required of any fiduciary, nominated in this Will. FOURTH: In addit.on to the powers now or hereaRer granted by law,every fiduciary serving hereunder shall have all the powers listed in§54.1-57,Code of Vil ginia,as in eft'ect on the rlate of my death. i P IIKllli'G1175 IN WITNESS WHEREOF,I have hereunto set my hand this day of I September, 1998. CLARA HAHN RENNER The foregoing instrument,subscribed at the end thereof by CL.ARA I IAlIN RENNER,the above named Testatrix,and by her signed,published and declared to be her Last Will and Testament in the presence of us and each of us who in her presence and at her request and in lite presence of each other subscribe our names as attesting witnesses upon The day of the date of said Will, _residing at ((�� \�Ui1eM� Y Yil_W i e r .residing at. Before me,the undersigned authority,on this day personally appeared CL.ARA HAHN RENNER,T r�lt r� Pt•E7dM�lfttl_ known so me to be the Testatrix and the witnesses,respectively,whose names are signed to the attached or foregoing instrument,and all these persons being by me first duly sworn,CLARA HAHN RENNER,the Testatrix,declared to me and to the witnesses in my presence that said instrument is her last Will and Testament and that she had willingly signed the same and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed;that said witnesses stated before me that the foregoing Will was executed and acknowledged by the Testatrix as her Las,Will and Testament in the presence of said witnesses,who,it her presence and at her request,and in the presence of each other,did subscribe their names as attesting witnesses on the day of rhe date of said Will and that the Testatrix,at the time of the execution of GhI ; 7i�cf 17G said Will,was over the ale ofeighteen(18)years,and ofsound and disposing mind and memory --- ----TESTATRIX --�------- STATE OF VIRGINIA,AT-LARGE, CITY OF WINCHESTER,to-..vit: Subscribed,sworn and acknowledged before me by CLARA HAHN RENNER,the TCstatlix,and subscribed and sworn to before me by A i witnesses,this,day of Septambert,1998. My commission expires,._�q32.9 y u tc 3 190010052 a N Pursuant to§17.1-223(B),of the Code of Virginia, the existence of title insurance is unknown to the preparer of this instrument. Prepared by Michael Hirsh,-Virginia Bar Number. 36569 Return to: Old Towne Title Co.,420 W.Jubal Early Drive,Suite 201,Winchester,VA 22601 Property Address: 194 Echo Lane,Winchester,VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED,made this r>-I day of ,201_,by and between JANICE PAIGE L'LEWELLYNand S ANN DEHAVEN.Heirs to the Estate of ELVA E.HUFFMAN,deceased,(hereii.na�fter,"Grantor")and CRT PROPERTIEA Virginia Limited Liabll �pn h inaf�erJ� r "_ �{, ,�ttax n nMot address is: WITNESSETH: That for and in consideration of Ten and 00/100 Dollars($10.00),and other good and valuable consideration,the receipt and or acceptance of which is hereby acknowledged,the said Grantor does hereby grant,bargain,sell,and convey,with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee,in fee simple,the following described property, to-wit: All of that certain tract of land,together with all the improvements thereon,rights and appurte- nances thereto belonging,situated in Frederick County,Virginia,about two miles Northwest from Winchester on the East side of the Lane running from the Northwestem Grade to the Charles Lupton farm,containing 3 rods and 6 sq.poles and more particularly described by a plat and survey made by Walker McC.Bond,S.F.C.August 3,1942,and recorded with a deed rec- orded in DB 185 at Page 568. Gul nesbeeo It being the same property conveyed to Grover H.Clevenger and Minnie C.Clevenger,his wife, by Deed from Charles R.Hoover,a widower,dated August 1, 1942,recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick,Virginia,recorded in Deed Book 185,Page c 568. -_ The said Minnie C.Clevenger died testate October 11, 1962,and by her Last Will and ^' Testament,recorded in Will Book 64,at Page 574,in the Office ofthe Clerk of the Circuit Court of Frederick County,Virginia,devised her estate to her husband,Grover H.Clevenger. The said Grover H.Clevenger died testate March 25, 1964,and by his Last,Will and Testament, recorded in Will Book 65,at Page 509,in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised the subject property to Page F.Huffman and Elva Huffman. The said Page F.Huffman died testate February 21,2018,and by his Last Will and Testament recorded in Court File No. 180000210,in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised his estate to his wife,Elva E.Huffman. The said Elva E.Huffman died testate June 13,2018 and by her Last Will and Testament recorded in Court File No. 180000211,in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,devised her estate to her two daughters,Marsha Ann DeHaven and Janice Paige Llewellyn. This copveyance is made expressly subject to conditions,restrictions,reservations and easements of record,if any,constituting constructive notice. This conveyance is made subject to all easements,and building or use restrictions of record, including,but not limited to,those for public roads and highways,'restrictive covenants,utilities, railroads,and pipelines. The conveyance is also subject to all applicable zoning,ordinances, statutes,rules,or regulations,as amended. WITNESS the following signature and seal: (sem) rJCE PAIGE LL LYN , *�0 �`(seal) M' ARSHA ANN DEHAVEN c� 0 STATE OF Vk CITY/COUNTY OF to-wit: I,the undersigned NotaryPublic,in and for the City/County and State aforesaid,do hereby certif that ANIC AIGE LLEWELLYN h ersonall a hes a of mein t City/y tate aforesaid,on this�S�day of 20 : Notary P lic Print Nai Registrati)i Number. My Com,fission Expires: --Z-- J��LPnn 3oceo tc Reg 0319342, Nob PuMIe CM V STATE OF --'' CITY/COUNTY OF to-wit: I,the undersigned Notary Public,in and for the City/County and State aforesaid,do hereby certify that MARS NN DEHAVENhas pc rally sipAed sam bef trine in the jam/ City/County aild S • e aforesaid,on this Y of (' 20_U• Notary Plihffih Print Nam Registrati umber: _ _ _ __ My Commt on Expires: — r9M Cam VIRGINIA: FREDERICK COUNTY.SCT. This Instrument of writing was produced to�me on 15-1 and with certificate acknowledgement thereto annexed was admitted_lp record. Tax imposed by Sec,58.1-802 of ,and 58.1-801 have been paid,if assessable. Clerk ;,;,A---7y o 150009814 Grantee's Address: This instrumentwas prepared without title examination by: 424 West Cecil Street John W.Truban,Virginia State Bar No.15789 Winchester,VA 22601 Owen and Tntban,P.L.C. Consideration: $0.00-Exempt-§58.1-811(A)(10) P.O.Box 267,Winchester,VA 22604 Assessed Value:$623,000.00 The existence oftitie insurance is unknown to the Preparer. THIS DEED, made and dated this 29' day of September, 2015, by and between CAROLYN R T_URNE R.called the"Grantor,"and CRT PROPERTIES.LLC.a Virginia Limited Liability Company,called the"Grantee." The Grantor desires to convey the property described below to the Grantee which is controlled by Grantor in accordance with the provisions of the Internal Revenue Code of 1986. This conveyance is exempt from the recording tax in accordance with Virginia Code Section 58.1-811(A)(10). Accordingly,for and in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,the Grantor does grant and convey with General Warranty and English covenants of title unto the Grantee all of the Grantor's right, title and interest in and to the following described property,to-wit: 1164 ECHO LANE, WINCHESTER, VIRGINIA 22603-3909, TAX MAP ID No.53-A-74] All that of that certain lot or parcel of land,together with all rights,rights of way,privileges and the appurtenances thereunto belonging,containing one(1) acre and forty-nine(49)square poles,more or less,lying about two and one- half miles Northwest of Winchester in Gainesboro Magisterial District, Frederick County,Virginia,and more particularly described by the survey of C.G.Davis,Surveyor,which is set forth in a Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 206 at Page 172. AND BEING the same property conveyed to.Carolyn R. Turner from Bernard L. Turner and Carolyn R. Turner by Deed dated May 21, 1999, of record in the aforesaid Clerk's Office in Deed Book 938 at Page 150. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property conveyed by this deed. This conveyance is made subject to all legally enforceable restrictions,conditions and encumbrances of record and contained in the deeds forming the chain oftitle to the above described property;provided,however,that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. 1 C:) N O IN WITNESS WHEREOF,the undersigned have set their hands and seals all as of the day and year first above written. COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER,TO-WIT: The foregoing instrument was acknowledged before me this 29'day of September, 2015 by Carolyn R.Turner. Notary Public DEBRA L CAWtIGH NOTARY PUBLIC CMMnor"dM Of vkvW@. Re%N 1"M VIKUIN1A Ffii?DERICK COUNTY-SC-1. This instrument of writing was produced to me on 1o_n �a.Ols at -'M and with certiticate acknowledgernent thereto annexed was admitted to record.Tax imposed by Sea.58.1-802 of $eYe n&-,and 58.1 MI have been paid,if assessable. Clerk 2 Pein h JAL a�eon.Ow eK B ! 9 P c 0 5 5 2 0104 _.. THIS DEED made and dated this Loth day of May, 1994, ``/vj0 by and between CLARA S. , Widow, party of the first "�- part, hereinafter called the Grantor; and, NANCY RINSER JOIN$O1T, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable - consideration, tha receipt of which is hereby acknowledged; the Grantor does hereby grant and convey with general warranty {?,• 0 and English covenants of title, unto the Grantee, in fee C3 in simple, all that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, contianinq 1 acre, more or less, lying and being situate about one-hal! (1/2) mile West of a y Winchester, in Gainesboro Magisterial District, Frederick c County, Virginia, and being the same property conveyed to Paul mei i ; C�3 ii C. Renner and Clara H. Renner, his wife, by deed dated April k; 13, 1979, of record in the clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 507, Page 219, to III which reference is made for a more particular description and derivation of title, the said Paul C. Renner having since ii � died. This conveyance is made subject, however, to all wociowown rights, rights of way and easements of record, if any, 'MAO wn Pr ny Al 7ER LOIS PLO ri v • 7n. I ' eK3l9PGO553 I f affecting the aforesaid property. I WITNESS the following signature and seal: (SEAL) j Clara H. enncr ll , STATE OF VIRGINIA, AT-LARGE, CITY OF WINCHESTER, to-wit: The foregoing instrument was acknowledged before me • � I this 10 day of May, 1994, by Clara H. Renner, Widow. i j ky commission expires �`i7Y0. 171 " 0 Notary FuDilc i L'Oyppti$$i©f' 40r 7.��1'18no.• .f:E `:'fit 1'1��;;• .` j . VIRGINIA.FREOER"00UNTY.BCT. I Thla lnatrument t wdtln0 was��aced to a on the day ie1 Bt a---.� nd w11h caAllkate at eknowlodpmaM thoreto onnoked wo admtttod to cecoid. Tax fmposad by Sea•$8.1-902 of and 68.1-801 have poen polo, H aeeassablo, j i �I I � I � I � w�acK.tows(�o+m7vx,9 I yyr.ry.�M f�r.MNYw I n... 2 I III Wn�On 10, 52007 By PAINTER LEMS PLC 878 j ' CNARTR9 J. FEMMS SN•, 8T ALS 'PO: DUD f Fahr B. JOEMON, 8T PX ��571 US8$Poo T8 THIS DEED mads and dated this 10th day of December, 1984, by and between CHARLES J.- RENNER, OR.- and HILDA RENNER. his wifet ROY A. RENNER and EUVICE RENNER, his whet HALTER E. RENNER, Singlet PAUL C. RENNER and CLARA U. RENNER, his wife. y� of the one part, hereinafter called the Grantors, and ROBERT e. J JOHNSON and NANCY R. JOHNSON, his wife, of the other part, here- inafter called the Grantees. WITNESSETH: That for and in consideration of the sum f 4�I of Ten ($10.00) Dollars, and other good and valuable considers- tf tion, receipt of which is hereby acknowledged, the Grantors do IIi hereby grant and convey with general waLrranty and English cove- f nants of title, onto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, in fee simple, all that certain tract or parcel of land, together 11 with all rights, rights of way and appurtenances thereunto belonging, lying and being situate just west of the City of Winchester, in Gaineaboro Magisterial District, Frederick County, l )I �i Virginias, fronting the Northern boundary lines of U. S. Route 50, I said parcel described as Lot•A, containing 1.000"Acres, by plat and survey of Lee A. Ebert, C. L. S., dated February 7, 1984, of � record in the•Clerk's Office of the Circuit Court of Frederick 4 4 County, Virginia, in Deed Book 573,pages 487.and 488,to which plat p„nnso,r.r,u,ue+c � reference is here made for a more particular description of the &TAUMCM property•herein conveyed and derivation of title. SOA AT W 4 ' f.i ,4 4 879 i This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, ice. I affecting the aforesaid property, including those shown on the s aforesaid plat. a h W17HESS the following Aignatures and sealse � I (SEAL) Charles Renner, Sr. (SEAL) Oa neer Roy Renner ,(SEAL)4 (SEAL) ` un ce Renner s _ _ (SEAL). i Walter E. Renner j 1 I i (SEAL) I I P t+ _ (SEAL) C+Ara Renner a 1 STATE OF VIRGINIA, AT-LARGE, N { COUNTY OF FREDERICK, to-wit: 4 j The foregoing instrument was acknowledged before me y Jthis _Lt day of December, 1981, by Charles J. Renner, Sr., and y Hilda Renner, his wife. I; ti 1 / �+ My commission expires ' Auasa■ae.L.►�mcs � a trwcs �. NotaryPublic, i I - Z - k f 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK •- y P.O.sox 225 7 WINCHESTER,VA 22604-0225 C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 73 Account#:8014310 Dept# 'Ficket-41 Seq# Owner-same Bill Date Description Tax Paid CRT RE2020 8473 1 PROPERTIES 4/13/2020 .75 ACRE $344.96 LLC _ CRT RE2020 8473 2 PROPERTIES 4/13/2020 .75 ACRE $220.15 LLC _ _ Total Paid: $565.11 This amount represents payments applied during calendar year 2020 and does not include Penalty;Interest or Credit Card Fees. Close this Window JFPrint This Page hftps://fctaxes.co.frededck.va.us/Applications/TR_PayTaxes/PdntYeadyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid -` COUNTY OF FREDERICK P.O.BOX 225 WINCHESTER,VA 22604-0225 --� C.WILLIAM OMDOFF,M Real Estate Taxes Paid for Tax Year 2020 Map Number:53 A 74 Account#:8014311 Depl# Ticket# Sego (htiner Baine Bill tate Description Tax Pais: CRT RE2020 8474 1PROPERTIES 4/13/2020 1.25 ACRES $1,939.50 LLC CRT RE2020 8474 2 PROPERTIES 4/13/2020 1.25 ACRES $1,923.24 LLC Total Paid: $3,862.74 This amount represents payments applied during calendar year 2020 and does not include Penalty,Interest or Credit Card Fees. LClose this Window Print This Page haps:/Ifctaxes.co.frededck.va.us/Applications/TR_PayTaxes/PrintYeariyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O.BOX 225 WINCHESTER,VA 22604-0225 -` C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2020 Map Number:53 A 76 Account#:8014313 Dept#1'richel.41 ;icy# 'Owntw.Name Bill Bate Deicription ax Paid RE2020 19496 1 JOHNSON 4/13/2020 1.00 ACRE $1,896.80 NANCY R RE2020 19496, 2 JOHNSON 4/13/2020 1.00 ACRE $1,896.79 NANCY R Total Paid: $3,793.59 This amount represents payments applied during calendar year 2020 and does not include Penalty,Interest or Credit Card Fees. Close this Window IPrint This Page https:/tfctaxes.co.frededck.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O.BOX 225 WINCHESTER,VA 226044225 C.WILLIAM ORNDOFF,IR Real Estate Taxes Paid for Tax Year 2020 Map Number:53 A 75 Account#:8014312 Depr# Ticket-i Sego Owner Name Bill Date Description Tax Paid JOHNSON RE2020 19497 1NANCY 4/13/2020 1.00 ACRE $1,449.36 RENNER JOHNSON Y RE2020 19497 2 NANCY 4/13/2020 1.00 ACRE $1,449.36 RENNER - -- - --- - - - - - --- — - - -� Total Paid: $2,898.72 This amount represents payments applied during calendar year 2020 and does not include Penalty,Interest Or Credit Card Fees. Close this Window I Print This Page hftps://fctaxes.co.frederick.va.us/Applications/-FR_PayTaxesIPrintYeariyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O.BOX 225 WNCHESTER,VA 22604-0225 C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 77 Account#: 8014314 D,� ptl Tichi14 Seg4 Owner.Natne 13611 Date Description Tax Paid JOHNSON RE2020 19498 l NANCY 4/13/2020 .84 ACRE $1,350.85 RENNER _ JOHNSON RE2020 19498 2 NANCY 4/13/2020 .84 ACRE $1,350.84 RENNER Total Paid: $2,701.69 This amount represents payments applied during calendar year 2020 and does not include Penalty,Interest or Credit Card Fees. Close this Window I Print This Page hftps:/tfctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 111