034-22 (RezoningMetromont) ORDINANCE
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Action:
PLANNING COMMISSION: September 21, 2022 Recommended Approval
BOARD OF SUPERVISORS: October 12, 2022 Postponed Action
BOARD OF SUPERVISORS October 26, 2022 Postponed Action
BOARD OF SUPERVISORS November 9, 2022 Adopted
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ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-22 METROMONT
WHEREAS,REZONING#08-22 METROMONT,submitted to rezone+/-20-acres(north parcel,PIN
43-A-22) from the RA(Rural Areas)District to the M2(Industrial General District)with proffers and+/-
24.72-acres (south parcel, PIN 54-A-11) frorn the B2 (Business General) District to the M2 District with
proffers for a total of 44.72-acres. The north parcel (PIN 43-A-22)is generally located south of Route 37
and west of the tenninus of Cives Lane. The south parcel is generally located west of the City of
Winchester limits and north of Route 522 in the Stonewall Magisterial District; and
WHEREAS, the Frederick County Plaruling Commission held a public hearing on this Rezoning on
September 21, 2022 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on October 12, 2022 and postponed action until the next Board meeting; and
WHEREAS,the Applicant requested action on the application be postponed until the next Board meeting;
and
WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning
during tf-ieir regular meeting on November 9, 2022 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, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in
accordance with Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning
District Map,to rezone+/-20-acres(north parcel,PIN 43-A-22) from the RA(Rural Areas) District to
the M2(Industrial General District)with proffers and+/-24.72-acres(south parcel,PIN 54-A-11)from
the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The
conditions voluntarily proffered in writing by the Applicant and the Property Owner, dated November 9,2022,
Res# 034-22
are attached.
This ordinance shall be in effect on the date of adoption. Passed this 9th day of November 2022 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Abstained Robert W. Wells Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPS'ATTEST
Michael L. BollMI=r
Frederick Counministrator
Res# 034-22
PROFFER STATEMENT
REZONING: RZ#
Rural Areas (RA) and General Business District (B2) to Industrial
General (M2)
PROPERTY: 44.74 Acres +/-;
Tax Map Parcels 43-A-22 and 54-A-11 (the "Properties")
RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner")
ORIGINAL DATE
OF PROFFERS: August 26, 2022
REVISION DATE(S): September 21, 2022, September 30, 2022, October 1220 20221
November 9, 2022
The undersigned Owner hereby proffers that the use and development of the above-
referenced parcels, which are requested to be rezoned, shall be in strict conformance with the
following conditions, which shall supersede all other proffers on the Properties that may have
been made prior hereto. In the event that the above-referenced M2 conditional rezoning is not
granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null
and void. Further, these proffers are contingent upon final rezoning of the Properties with "final
rezoning" defined as that rezoning which is in effect on the day following the last day upon
which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning
may be contested in the appropriate court. If the Board's decision is contested, and the Owner
elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which
has not been appealed, or, if appealed, the day following which the decision has been affirmed
on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term "Owner" as referenced
herein shall include within its meaning all future owners and successors in interest.
1. Land Use
1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2,
but shall be proffered to be restricted to the followin uses:
• SIC Codes 3271 and 3272 and the corresponding NAILS Code industry
classification (Concrete Products, excot Block and Brick
pr-edue4s, grain fflij! pfeduets, Fats and oils, Ganned and e-lifed fish aBd seafeed,
Fresh or- frozen fish end seafood, Weed
Paper and allied
> ,
Petfeleum refining and -Fe4ated industry, bea+hef and leather pfoduets, Asbestos
pro"ets,
maiiufaCti—ir-ed to natural gas junkyards and—r`tit ,
ufiTinsmithing. n 16weCdiisess eurrenfly mHader he N41 d-stf e+ afe speeifieally
exeluded as a pfincip-all use as follows: Canned and eufed fish and seaf6ed, Fresh
orfr-ezeft fishand seafeed, DFy clean „n plants,Geste
Goppersmit-hifig' , Sewef eleaning 80-1—
,
1.2 The portion of the Property known. as Tax Map No. 54-A-11 shall be zoned M2
but shall be proffered to be restricted shall b de-,°_l^ vl t ;+1, Hl"strial geRefall
adjeiniRg pr pe--i— —d shall be to the following uses:
• Offices and storage facilities for building construction contractors, heavy
construction contractors, and special trade contractors (SIC 15, 16, 17 and
such other designations for the aforementioned activities and SIGs as may
be utilized by Frederick County in the future)-
• Outdoor Storage
• Tractor Truck and Tractor Truck Trailer Storage accessory to the existing
precast concrete manufacturing facility located on the adjoining
properties.
2. Site Development
2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
within 100' of its southeastern property line between the Property and the
adjoining Winchester and Western railroad tracks and residential properties in the
City of Winchester, as depicted on the Generalized Development Plan attached
hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner
of Tax Map No. 54-A-11 will continue to use the existing internal access
traversing the above-described area. Nothing stated herein shall be interpreted to
reduce or modify any and all items required by Ordinance, including, but not
limited to, setbacks,buffers, and/or screening as applicable.
2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
along the eastern boundary of its property (75' from the property line) between
the Property and the adjoining property owned by the Shenandoah Valley
Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be
interpreted to reduce or modify any and all items required by Ordinance,
including,but not limited to, setbacks,buffers, and/or screening as applicable.
2
3. Transportation
3.1 The Owner proffers that the western-most of the two existing entrances to the
parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for
utility access and service and shall not be used by the Owner as part of its M2
day-to-day operational activities.
4. Fire and Rescue
4.1 The Owner proffers to make a one-time payment to Frederick County for the
purposes of fire and rescue services in the amount of$0.10 per square foot of any
future building constructed on the Property.
[remainder of page intentionally left blank]
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Respectfully submitted,
KSS LC
By:
Its:
STATE/COMMONWEALTH OF , AT LARGE
CITY/COUNTY OF ,to-wit:
The foregoing instrument was acknowledged before me this day of ,
2022, by of KSS LC.
NOTARY PUBLIC
My commission expires:
Registration number:
4
METROMONT LLC
By:
Its:
STATE/COMMONWEALTH OF , AT LARGE
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this day of ,
2022, by of METROMONT LLC.
NOTARY PUBLIC
My commission expires:
Registration number:
5
CO REZONING APPLICATION #08-22
METROMONT
w Staff Report for the Board of Supervisors
® � Prepared: November 2,2022
„Bwr Staff Contacts: M. Tyler Klein, AICP, Senior Planner
1738
Reviewed Action
Planning Commission: 09/21/22 Recommended Approval
Board of Supervisors: 10/12/22 Postponed to 10/26/22
Board of Supervisors: 10/26/22 Postponed to 11/09/22
Board of Supervisors: 11/09/22 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/09/22 BOARD OF
SUPERVISORS MEETING:
Proposal
This is a proposal to rezone+/-20-acres(north parcel,PIN 43-A-22)from the RA(Rural Areas)District to
the M2 (Industrial General)District with proffers and+/-24.72-acres (south parcel, PIN 54-A-11)from
the B2 (General Business) District to the M2 District with proffers for a total of+/- 44.72-acres. The
proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete
manufacturing and storage) in the Stonewall Magisterial District.
Summary of Previous Meetings
The Planning Commission attheir September 21,2022,meeting sentthe rezoning application forward with
a recommendation of approval.
The Board of Supervisors held a public hearing on October 12, 2022,and postponed action until the next
Board meeting.
The Applicant requested in writing postponement on October 26,2022, and it was accepted by the Board
of Supervisors to postpone action until November 9, 2022.
Updates & Current Application Status
A revised proffer statement, dated October 20, 2022, has since been reviewed by Planning and
Development staff and the County Attorney. The revised proffer statement, while prohibiting select M 1
(Light Industrial) and M2 (Industrial General) District uses, does not restrict use of the northern parcel
(PIN 43-A-22) property to only those uses studied in the Impact Analysis Statement and Traffic Study.
Thus, as proposed, the M2 Zoning on the northern parcel without restricting the development of the
properties to only those uses studied in the application could result in unmitigated impacts on surrounding
properties.
However,it is staff's understanding that as of the date of this report the Applicant is working to revise their
proffer statement.Any new revisions/changes will be reported to the Board of Supervisors at the meeting.
Following the required public hearing, a decision regarding this rezoning agglication by the Board o
Supervisors would be appropriate. The Applicant should be vrepared to adequately address all
concerns raised by the Board of Supervisors.
Rezoning 908-22—Metromont
November 2,2022
Page 2
This report is prepared by the Frederick County Planninz Staff to provide information to the
Planninz 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 zoninz matter. Unresolved issues
concerninz this application are noted by staff where relevant throughout this staff report.
PROPOSAL: This is a proposal to rezone+/-20-acres (north parcel,PIN 43-A-22)from the RA(Rural
Areas)District to the M2(Industrial General)District with proffers and+/-24.72-acres(south parcel,PIN
54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of 44.72-
acres.
LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the
terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and
north of Route 522.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 54-A-11 and 43-A-22
PROPERTY ZONING: RA (Rural Areas) District
B2 (General Business) District
PRESENT USE: Vacant/Unimproved
ADJOINING PROPERTY ZONING& PRESENT USE:
North Parcel (PIN 43-A-22)
North: Route 37 Use: Highway
South: M2 (Industrial General) Use: Industrial/Outdoor Storage
East: M1 (Light Industrial) Use: Manufacturing
West: M2 (Light Industrial) Use: Vacant
South Parcel (PIN 54-A-11)
North: M2 (Light Industrial) Use: Industrial/Outdoor Storage
RP (Residential Performance) Vacant/Unimproved
South: RA (Rural Areas) Use: Vacant
East: City of Winchester Use: Single-Family Detached Residential
West: RA (Rural Areas) Use: Residential (SFD)
B2 (General Business) Use: Vacant
Rezoning 908-22—Metromont
November 2,2022
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map(U.S.G.S.Winchester Quadrangle)depicts the north
parcel (PIN 43-A-22) as being zoned A-2 (Agricultural General) District. The County's
agricultural zoning districts were subsequently combined to form the RA(Rural Areas)District
upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
The original Frederick County Zoning Map(U.S.G.S.Winchester Quadrangle)depicts the south
parcel (PIN 54-A-11) as being zoned B2 (General Business)District.
There are not any previously approved rezonings, or other development plans,for the subject
parcels.
2) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
The 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
plan for the future physical development of Frederick County.The Area Plans and Appendix I
of the Comprehensive Plan are the primary implementation tools and will be instrumental to the
future planning efforts of the County.
Comprehensive Plan Land Use Compatibility
The Comprehensive Plan and NortheastLand Use Plan identifies the north parcel (PIN 43-A-
22,currently zoned RA)with an"industrial"land use designation.The parcel is also within the
limits of SWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick
Land Use Plan designation for"industrial"uses as it relates to this area of the County.
The Comprehensive Plan identifies the south parcel(PIN 54-A-11, currently zoned B2)with a
"business"land use designation; the south parcel is not within the limits of any area plan. The
parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban
Development Area(UDA). The proposed M2 Zoning is inconsistent with the plan designation
for"business"uses as it relates to the area of the County.However, staff notes the expansion of
the existing industrial use onto the subject property may otherwise be appropriate if potential
impacts are sufficiently mitigated.
Rezoning 908-22—Metromont
November 2,2022
Page 4
3) Access & Transportation
The ImpactAnalysis Statement notes use of existing commercial site access from Route 522 and
Stine Lane (private road)/Route 11, and use of private drives for internal circulation. The
existing Route 522 commercial entrance is already improved with southbound left turn lanes
and northbound right turn lanes. The Applicant, in their revised proffer statement, further
restricted use of one of the Route 522 entrance only to use by utility providers for access/service
and not to be used for industrial operations. This proffered restriction otherwise satisfies
VDOT's comments.
4) Proffer Statement&Impact Analvsis
Restriction on Uses
The Proffer Statement, revised October 20,2022,further restricts the use of the property to certain
Ml (Light Industrial) and M2 (Industrial General) District uses. The revised proffer statement,
while prohibiting select Ml (Light Industrial)and M2(Industrial General)District uses,does not
restrict use of the northern parcel(PIN 43-A-22)property to only those uses studied in the Impact
Analysis Statement and Traffic Study. Thus, as proposed, the M2 Zoning on the northern parcel
without restricting the development of the properties to only those uses studied in the application
could result in unmitigated impacts on surrounding properties.
The southern parcel(PIN 54-A-11)has been proffered to restrict M2 uses to only those studied in
the application and those necessary to support existing pre-cast manufacturing facility operations:
• Offices and storage facilities for building construction contractors, heavy construction
contractors, and special trade contractors;
• Outdoor Storage; and
• Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete
manufacturing facility located on the adjoining properties.
Buffers & Screening
The proffer statement(dated 10/20/2022) and Generalized Development Plan specifies tree save
areas adjoining existing residential uses,ensuring thatthe existing mature vegetation,in addition to
any Zoning Ordinance required buffers, is maintained to create a barrier between residential and
future industrial uses.Further,between the subject properties and the City of Winchester residents
there is also an existing railroad right-of-way that is approximately 12 to 15-feet above grade also
serving as a screen.
Historic Resources Advisory Board:
Please see attached comments from Wyatt Pearson, AICP, Planning Director, dated July 25, 2022.
County of Frederick Attorney:
Please see attached comments from Roderick B. Williams, County Attorney dated August 22, 2022.
Rezoning 908-22—Metromont
November 2,2022
Page 5
Frederick Water:
Please see attached comments from Eric Lawrence, Executive Director, dated August 19, 2022.
Virginia Department of Transportation:
Please see attached comments from VDOT dated August 25, 2022.
City of Winchester:
Please see attached comments from Tim Youmans, Planning Director, dated August 26, 2022.
Frederick County Public Works:
No comments.
Frederick County Fire and Rescue:
No comments.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING:
The Planning Commission held a public hearing on September 21, 2022. Staff noted in their
presentation that a revised set of proffers, dated September 21, 2022, had been received a few hours
prior to the meeting and that the outstanding issues outlined in the Planning Commission staff report
may be addressed. Staff noted that the items addressed in the revised proffers included: limiting the
allowed industrial uses, clarifying points-of-access and restrictions on access from Route 522, and
ensuring the proffered tree save area would be required in addition to any Zoning Ordinance
requirements for buffering/screening. However, staff clarified that given the time of receipt for the
proffers, a thorough review including review by the County Attorney had not been completed prior to
the meeting.The applicant representative also presented and highlighted the tree save areas and existing
mature vegetation as a screen to adjoining residential uses, primarily in the City of Winchester. No
members of the public spoke during the public hearing. The primary discussion among the Planning
Commission was support for the expansion of an existing operation and acknowledging the
commitment of the owner to address concerns through the revised proffer statement, subject to
acceptance by the County Attorney and Planning and Development department staff.
The Planning Commission sent the proposed rezoning application go forward to the Board of
Supervisors with a recommendation of approval (11-0-2; Commissioners Kozel &Molden absent).
BOARD OF SUPERVISORS SUMMARYAND ACTION FROM THE 10/12/22 MEETING:
The Board of Supervisors held a public hearing on October 12, 2022. Staff noted a revised set of
proffers,dated October 12,2022,had been received only a few hours before the meeting and staff had
not had the opportunity to review or receive comments from the County Attorney regarding proffer
Rezoning 908-22—Metromont
November 2,2022
Page 6
completeness, thus the issues specified in the staff report and subsequent presentation remained
outstanding. The applicant representative stated they believed the revised 10/12/22 proffers to be
complete and ready for action. Three(3)members of the public spoke in opposition to the application
and noted concerns regarding noise and dust from the existing manufacturing/pre-cast activities and
potential for exacerbation of noise, dust concerns and of a recurring flooding issue from raising the
grade of the south parcel (PIN 54-A-11) on their residential properties in the City of Winchester.
The Board of Supervisors unanimously voted(6-0-1; Supervisor Wells absent)to postpone action
on the rezoning application until the next meeting, October 26, 2022.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 10/26/22 MEETING:
No action. Board of Supervisors unanimously accepted Applicant's request to postpone action to
November 9, 2022 meeting.
Following the required public hearing, a decision regarding this rezoning application by the
Board ofSMervisors would be appropriate. The Applicant should beprepared to adequately
address all concerns raised by the Board of Supervisors.
08 Metromont
Rezoning • • M2 • • B2 to
Zoning Map
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THOMAS MOORE LAWSON, P.C.
*OF COUNSEL-WILLIAMS MULLEN
120 EXETER DRIVE,SUITE 200
POST OFFICE BOX 2740
WINCHESTER,VA 22604 *THOMAS MOORE LAWSON•TLAWSON(a?I.SPLC.('OM
TELEPHONE: (540)665-0050
FACSIMILE:(540)722-4051
October 20, 2022
Roderick B. Williams, Esquire
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3r Floor
Winchester, VA 22601
Re: Metromont Rezoning
Our File No. 1477.001
VIA E-MAIL
Dear Rod:
Following up on our conversation, we have revised Proffer 1.1 to provide that the
property that adjoins the existing Shockey property, Cives Steel property and Route 37 shall be
zoned M2 but, consistent with what we already represented, shall exclude the specifically
identified uses that are by right in the M2 and M I zones. Furthermore, we revised Proffer 1.2 to
provide that the currently zoned B2 property shall be zoned M2 but shall be restricted to the
three bulleted uses as requested by Staff and the Supervisor. I trust that with these revisions, we
have now addressed comments raised by Staff and the Supervisor. Please review the same with
your client and get back to me with any comments.
Thank you for your continued assistance and cooperation. I look forward to hearing from
you.
Very ours,
Thodilas Wo?6-Laws
TML:jk
Enclosure
cc: Metromont LLC
PROFFER STATEMENT
REZONING: RZ#
Rural Areas (RA) and General Business District (132) to Industrial
General (M2)
PROPERTY: 44.74 Acres +/-;
Tax Map Parcels 43-A-22 and 54-A-11 (the "Properties")
RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner")
ORIGINAL DATE
OF PROFFERS: August 26, 2022
REVISION DATE(S): September 21, 2022, September 30, 2022, October 420, 2022
The undersigned Owner hereby proffers that the use and development of the above-
referenced parcels, which are requested to be rezoned, shall be in strict conformance with the
following conditions, which shall supersede all other proffers on the Properties that may have
been made prior hereto. In the event that the above-referenced M2 conditional rezoning is not
granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null
and void. Further, these proffers are contingent upon final rezoning of the Properties with "final
rezoning" defined as that rezoning which is in effect on the day following the last day upon
which the Frederick County Board of Supervisors' (the `Board") decision granting the rezoning
may be contested in the appropriate court. If the Board's decision is contested, and the Owner
elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which
has not been appealed, or, if appealed, the day following which the decision has been affirmed
on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term "Owner" as referenced
herein shall include within its meaning all future owners and successors in interest.
1. Land Use
1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2.
developed with in"st:Fial genefal land tises eensistent with the e &A
eeneFete manti . et iag faeil4y leeated o toe .,djoini . Allowed uses
currently under the M2 district are speeifieally proffered to be excluded as a
principal use as follows: Meat products, Grain mill products, Fats and oils,
Canned and cured fish and seafood, Fresh or frozen fish and seafood, Wood
preserving, Paper and allied products, Petroleum refining and related industry,
Leather and leather products, Asbestos products, Primary metal industry, Gas
systems contract conversion from manufactured to natural gas, Junkyards and
automobile graveyards, Manufacturing or wholesaling of explosives, Dry cleaning
plants, Cesspool cleaning, Coppersmithing, Septic tank cleaning service, Sewer
cleaning service, and Tinsmithing. Allowed uses currently under the M1 district
are s„ee'�y proffered to be excluded as a principal use as follows: Canned and
cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning plants,
Cesspool cleaning, Coppersmithing, Septic tank cleaning service, Sewer cleaning
service, and Tinsmithing.
1.2 The portion of the Property known as Tax Map No. 54-A-11 shall be zoned M2
but shall be proffered to be restricted
,,0joi,,:,,n r ind shall be �to the following uses:
• Offices and storage facilities for building construction contractors, heavy
construction contractors, and special trade contractors (SIC 15, 16, 17 and
such other designations for the aforementioned activities and SICs as may
be utilized by Frederick County in the future).
• Outdoor Storage
• Tractor Truck and Tractor Truck Trailer Storage accessory to the existing
precast concrete manufacturing facility located on the adjoining
properties.
2. Site Development
2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
within 100' of its southeastern property line between the Property and the
adjoining Winchester and Western railroad tracks and residential properties in the
City of Winchester, as depicted on the Generalized Development Plan attached
hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner
of Tax Map No. 54-A-11 will continue to use the existing internal access
traversing the above-described area. Nothing stated herein shall be interpreted to
reduce or modify any and all items required by Ordinance, including, but not
limited to, setbacks, buffers, and/or screening as applicable.
2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
along the eastern boundary of its property (75' from the property line) between
the Property and the adjoining property owned by the Shenandoah Valley
Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be
interpreted to reduce or modify any and all items required by Ordinance,
including, but not limited to, setbacks, buffers, and/or screening as applicable.
3. Transportation
3.1 The Owner proffers that the western-most of the two existing entrances to the
parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for
2
utility access and service and shall not be used by the Owner as part of its M2
day-to-day operational activities.
4. Fire and Rescue
4.1 The Owner proffers to make a one-time payment to Frederick County for the
purposes of fire and rescue services in the amount of$0.10 per square foot of any
future building constructed on the Property.
[remainder of page intentionally left blank]
3
Respectfully submitted,
KSS LC
By:
Its:
STATE/COMMONWEALTH OF , AT LARGE
CITY/COUNTY OF to-wit:
The foregoing instrument was acknowledged before me this day of ,
2022, by of KSS LC.
NOTARY PUBLIC
My commission expires:
Registration number:
4
METROMONT LLC
By:
Its:
STATE/COMMONWEALTH OF ,AT LARGE
CITY/COUNTY OF ,to-wit:
The foregoing instrument was acknowledged before me this day of ,
2022, by of METROMONT LLC.
NOTARY PUBLIC
My commission expires:
Registration number:
5
METROMONT REZONING
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
-
Tax Parcels 54-A-11 and 43-A-22
Stonewall Magisterial District
Frederick County, Virginia
August 26, 2022
Current Owner: Metromont Corporation
KSS, LC
Contact Person: Christopher Mohn,AICP
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester,VA 22602
540-662-4185
Greenway Engineering August 4,2022 Metromont Rezoning
METROMONT REZONING
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2,
Industrial General District. The subject property includes a 24.72±-acre parcel owned by
Metromont Corporation identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00±-acre
parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South
Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately
west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and
north of Stine Lane (see the Location Exhibit included with this report).
The South Parcel and North Parcel are located immediately south and north of Metromont's
existing pre-cast concrete manufacturing facility, which occupies approximately 11329±
acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A-
13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2
District. A pre-cast concrete manufacturing facility is classified under SIC Major Group 32 -
Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County
Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning
will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit
included with this report).
The South Parcel is currently zoned B-2, Business General District, and is therefore already
entitled to develop with general commercial uses. The South Parcel is further served by an
existing full movement entrance on North Frederick Pike with dedicated right and left turn
lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer
parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural
Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for
storage of finished pre-cast concrete product awaiting delivery.
File#3952fM—Impact Analysis Statement 2
Greenway Engineering August 4,2022 Metromont Rezoning
Site Information
Location: The South Parcel (Tax Map #54-A-11) fronts on
northeast side of North Frederick Pike (U.S. Route
522), immediately west of the City of Winchester. The
North Parcel (Tax Map # 43-A-22) fronts on the
southwest side of U.S. Route 37 and is north of Stine
Lane.
Magisterial District: Stonewall District
Tax Map Numbers: 54-A-11 and 43-A-22
Current Zoning: South Parcel, B-2, Business General District
North Parcel, RA, Rural Area District
Current Use: Undeveloped
Proposed Zoning: M-2, Industrial General District with proffers
Proposed Use: Concrete Manufacturing (inclusion of subject parcels in
existing Metromont facility; intended activities include
trailer parking and storage of finished pre-cast concrete
product awaiting delivery to customer sites, and will
further enable relocation of existing facility components
to improve operational efficiency)
Total Rezoning Area: 44.72±-acres with proffers
File#3952fM—Impact Analysis Statement 3
Greenway Engineering August 4,2022 Metromont Rezoning
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial, and institutional land use development is encouraged in the County.
The entirety of the 44.72±-acre subject property is located within the UDA.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The entirety of the 44.72±-acre subject
property is located within the SWSA.
Comprehensive Plan Conformity
The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban
Areas designates the South Parcel for future Business use. The South Parcel is not located
within the boundaries of an areas-specific land use plan and has therefore not been
considered in the context of a more focused land use study. Given the adjoining
manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated
for general industrial use, and its development pursuant to the proposed M-2 District aligns
with the goals of the Frederick County Comprehensive Plan, notably by promoting the
desired ratio of commercial and industrial development to residential and other uses.
The North Parcel is located within the study area boundary of the Northeast Frederick Land
Use Plan (NELUP). The NELUP is a large-area plan that identifies land uses, transportation
networks, and other matters that are recommended for consideration for future land use and
development within this geographic area of the County. The NELUP designates the North
Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore
in conformance with the Frederick County Comprehensive Plan.
SUITABILITY OF THE SITE
Access
Primary access to the existing Metromont facility occurs via Stine Lane from its intersection
with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of
North Frederick Pike (U.S. Route 522), and an existing full-movement commercial entrance
provides direct vehicular access to the property. Internal access to and from the existing
manufacturing facility will occur through the extension of private service drives. The existing
North Frederick Pike entrance is currently used by trucks/tractor trailers returning from
delivery of finished pre-cast concrete product as well as local suppliers delivering aggregate
materials to the facility. Metromont envisions that the existing use of this entrance will
continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on
File#3952H13—Impact Analysis Statement 4
Greenway Engineering August 4,2022 Metromont Rezoning
the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property
will occur through the extension of private service drives from the existing facility.
Flood Plains
The South Parcel contains areas of floodplain per FEMA NFIP Map #51069CO208E,
Effective Date January 29, 2021. The mapped floodplain is depicted on the Natural Features
Exhibit included with this report. All such areas will be properly managed at the time of
final engineering design in accordance with applicable ordinances and regulations.
The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E
Effective Date January 29, 2021.
Wetlands
The South Parcel contains a stream and wetland areas as identified on the National Wetlands
Inventory (NWI) Map information and the Frederick County GIS Database. The mapped
stream and wetland areas are depicted on the Natural Features Exhibit included with this
report. All such areas will be properly managed at the time of final engineering design in
accordance with applicable ordinances and regulations, to include provision of the required
riparian buffer.
The North Parcel does not contain wetland areas as demonstrated on the National Wetlands
Inventory (NWI) Map information or from information identified in the Frederick County
GIS Database.
Soil Types
The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil
types are present on site:
17C—Frederick Poplimento Rock 2 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
17E - Frederick Poplimento Rock 15 to 45 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
File#3952fM—Impact Analysis Statement 5
Greenway Engineering August 4,2022 Metromont Rezoning
29—Massanetta loam
These soils are described as having a slow Filtration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or soils
moderately fine texture or fine textures. These soils have a slow rate of water transmission.
35—Pagebrook silty clay loam
These soils are described as having a very slow infiltration rate (high runoff potential)when
wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a
high water table, soils that have a claypan or clay layer at or near the surface, and soils that
are shallow over nearly impervious material These soils have a very slow rate of water
transmission.
The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil
types are present on site:
14B - Frederick Poplimento loams 2 to 7 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
14C - Frederick Poplimento loams 7 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
16B - Frederick Poplimento, very rocky loams 7 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
File#3952fM—Impact Analysis Statement 6
Greenway Engineering August 4,2022 Metromont Rezoning
Other Environmental Features
The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention
areas as defined by the Frederick County Zoning Ordinance. The subject property is also
located in the geographic portion of the County that is underlain by karst geology. These
environmental features will not constrain development of future M-2 uses and will be
managed during final engineering design in accordance with all applicable ordinances and
regulations.
The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater
retention areas as defined by the Frederick County Zoning Ordinance. However, like the
South Parcel, the subject property is located in the geographic portion of the County that is
underlain by karst geology. This environmental feature will not constrain development of
future M-2 uses and will be managed during final engineering design in accordance with all
applicable ordinances and regulations.
SURROUNDING PROPERTIES
Adjoining property zoning and present use, South Parcel (Tax Map#54-A-11):
North: M-2, Industrial General District Use: Industrial/Preserved Open Space
B2, Business General District
RP, Residential Performance District
South: B2, Business General District Use: Residential
East: LR, Low Density Residential Use: Railroad/Residential
(City of Winchester)
West: B2, Business General District Use: Undeveloped
RA, Rural Area District
Adjoining,property zoning and present use,North Parcel (Tax Map #43-A-22):
North: RA, Rural Areas District Use: Residential
South: M-2, Industrial General District Use: Industrial
East: M-1, Light Industrial District Use: Industrial
West: M-2, Industrial General District Use: Undeveloped
File#3952fM—Impact Analysis Statement 7
Greenway Engineering August 4,2022 Metromont Rezoning
TRANSPORTATION
The proposed rezoning will enable increased land area for operation of the existing facility,
primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned
acreage will also provide Metromont greater flexibility in the configuration of the facility's
existing components, enabling complementary elements to be moved in proximity of each
other, which will enhance overall operational efficiency. However, the proposed rezoning
will not result in any intensification of traffic generated by the facility, as it will generally
maintain existing production capacity, employee counts, and delivery schedules, which are
ultimately driven by prevailing market conditions.
As outlined previously, primary vehicular access to the existing Metromont facility occurs
via Stine Lane, which is a private access easement road that extends to the site from its
intersection with Martinsburg Pike (U.S. Route 11). Additionally, the South Parcel has an
existing full movement entrance on North Frederick Pike (U.S. Route 522) with dedicated
right and left turn lanes, which is currently used by local suppliers for delivery of aggregate
materials to the facility as well as trucks returning to the facility following delivery of
finished product to customer locations. These existing entrances will continue to be provide
vehicular access to the facility consistent with current practices. Vehicular access between
the multiple parcels comprising the existing facility occurs via a network of internal private
travel ways, which already interconnect with the South Parcel and will be extended to the
North Parcel.
Based on the conditions described above, the proposed rezoning will not have any
measurable impact on the external road network serving the subject property.
SEWAGE CONVEYANCE AND TREATMENT
As previously stated, both the South Parcel and North Parcel are located wholly within the
Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public
sewer based on County Policy. Frederick Water is the provider of public sewer service
within this area of the County. The activities proposed by Metromont for these parcels (e.g.,
trailer parking, outdoor storage, relocation of existing facility components) does not require
new sewer connectivity.
WATER SUPPLY
As previously stated, both the South Parcel and North Parcel are located wholly within the
Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public
water based on County Policy. Frederick Water is the provider of public sewer service
within this area of the County. The activities proposed by Metromont for these parcels (e.g.,
trailer parking, outdoor storage, relocation of existing facility components) does not require
new water connectivity.
File#3952fM—Impact Analysis Statement 8
Greenway Engineering August 4,2022 Metromont Rezoning
SITE DRAINAGE
Topographic relief on the South Parcel generally follows a southwest to northeast pattern that
directs drainage towards the rear of the property. A complete stormwater management plan
will be designed at the time of final engineering design. All associated stormwater quantity
and quality measures will be designed in conformance with all applicable state and local
regulations; therefore, site drainage and stormwater management impacts to adjoining
properties and the community will be mitigated.
Topographic relief on the North Parcel generally follows a west to east pattern which directs
drainage towards the east side of the property. A complete stormwater management plan will
be designed at the time of final engineering design. All associated stormwater quantity and
quality measures will be designed in conformance with all applicable state and local
regulations; therefore, site drainage and stormwater management impacts to adjoining
properties and the community will be mitigated.
HISTORICAL SITES AND STRUCTURES
The South Property is indicated by Virginia Department of Historic Resources (DHR) and
Frederick County GIS records as containing a resource identified as Liberty Hall (DHR ID
034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as
an example of the Italianate style of architecture by the Rural Landmarks Survey Report of
Frederick County, Virginia (Phases I-III, 1988-1992). The dwelling itself no longer exists
on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S.
Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory
structure, which appears to be more than 50 years old, but otherwise does not have any
historical or architectural significance.
To the northwest of the South Parcel is a preserved Civil War resource known as Star Fort
(DHR ID 034-0322) and the adjoining Star Fort 2 tract (DHR ID 034-5023). Star Fort
played a role in both the Second Battle of Winchester and Third Battle of Winchester
(Opequon) and is within the study areas of each battlefield. The site has been preserved as a
battlefield park open to the public that is owned and maintained by Shenandoah Valley
Battlefields Foundation. The site is largely wooded but has cleared areas for public
access/walking. The existing Metromont facility is in the viewshed of these resources, as are
other areas of suburban style development. As noted previously, the South Parcel is already
entitled to develop under the B-2 District, and rezoning to the M-2 District is therefore
consistent with development expectations for the area adjoining the Star Fort sites.
The South Parcel and North Parcel are located within the study areas of the Third Battle of
Winchester and Second Battle of Winchester study areas, respectively, as identified by the
National Park Service Study of Civil War Sites in the Shenandoah Valley. The South Parcel is
within the core area of the Third Battle of Winchester battlefield, and both parcels are outside
but adjacent to the core area of the Second Battle of Winchester battlefield. However, the
NPS Study indicates that the subject parcels are within portions of the study areas that have
File#3952fM—Impact Analysis Statement 9
Greenway Engineering August 4,2022 Metromont Rezoning
lost historic integrity due to existing development patterns. As such, the proposed M-2
rezoning will not create any negative impacts to identified resources.
File#3952fM—Impact Analysis Statement 10
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&ASSOCIATES P 703.885.8970
August 10,2022 Project# 27884
To: Timothy Rhodes-Land Development Engineer
VDOT Edinburg Residency
14031 Old Valley Pike,
Edinburg,VA 22824
From: Andrew Butsick, P.E.; John Callow
CC: Thomas Moore Lawson, Esquire-Thomas Moore Lawson, P.C.
RE: Metromont Corporation Rezoning
ITRANSPORTATION
Kittelson &Associates, Inc. (Kittelson) developed this memorandum to document the potential
transportation-related impacts of the proposed Metromont Corporation Rezoning in Frederick County,
Virginia.The site, located along Stine Lane,is shown in Attachment A.The existing Metromont site (Tax Map
Parcels 54-A-12,54-A-13, 54-A-14, 54-A-15,54-A-1 5A, and 54-A 17) consists of 113.29 acres of M-2 (General
Industrial) occupied by a precast concrete plant and associated storage yard.
The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning
two adjacent parcels (Tax Map Parcels 54-A-11 and 43-A-22) from B2 (General Business) and RA (Rural
Area) to M2 to match the current site.These two additional parcels,which represent an additional 44.74
acres,would be used for additional storage to help improve on-site circulation.They are not intended to
expand or augment current operations, and as such,the rezoning would not result in an increased
frequency of off-site vehicular trips to the adjacent roadway network.
Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would
utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike).Therefore,as
proposed as part of this rezoning, no changes are anticipated to the operational and safety performance
of the adjacent roadway network.
The subsequent sections of this memorandum provide additional information regarding the current and
proposed operations of the site.
Site Access
The existing Metromont site is served by three access points:
• One full-movement entrance on Stine Lane
• One full-movement entrance on US 522 (North Frederick Pike)
• One right-in,right-out entrance on US 522
The full-movement entrance on Stine Lane serves as the primary point of ingress and egress for employees,
incoming materials delivery,and outgoing deliveries of finished products trips.A small percentage of
employees and incoming deliveries utilize the full-movement entrance on US 522 based on the origin of
Kittelson&Associates, Inc.
August 10,2022 Page 2
Metromont Corporation Rezoning Transportation Assessment
their trip.All outgoing deliveries,including permitted loads through VDOT, utilize the full-movement
entrance on Stine Lane to access US 1 1 (Martinsburg Pike) and 1-81 to the east.
With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the
rezoned and existing property will remain at the existing three access points.
Site Trips and Operations
Existing trips to and from the site can be characterized in three categories:
• Employees:The existing site employs 377 workers,who are split across two shifts Monday through
Friday.Approximately 77 of these employees are temporary workers who are housed in local
hotels and carpool to and from the site.
• Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement,
aggregate, and sand per day for processing in the concrete plant.
• Finished Product Deliveries:An average of 60 loads of finished product exit the site each day.The
vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT.
The majority of these trips use the full-movement access on Stine Lane via US-1 1,while a small percentage
use the full-movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522.
As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or
outgoing deliveries of finished product are anticipated.Additionally, no changes to the distribution of site-
trips between the three entrances are expected. Therefore, no changes to off-site operational
performance are anticipated with the proposed rezoning.
Safety Performance
To evaluate the existing safety performance of the site entrances after the proposed rezoning,the most
recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site
entrances.The crash data was obtained from VDOT's Pathways for Planning tool (Reference 1). Figure 1
illustrates the crash types occurring within close proximity to the site entrances,while Figure 2 illustrates the
severity by intersection.Attachment B contains the crash history data obtained from the Pathways for
Planning Portal.
Kittelson&Associates, Inc.
August 10,2022 Page 3
Metromont Corporation Rezoning Transportation Assessment
Figure 1.Crash History near Metromont Corporation Rezoning site(January 2019—December 2021)
2 f
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Kittelson&Associates,Inc.
August 10,2022 Page 4
Metromont Corporation Rezoning Transportation Assessment
Figure 2. Crash Severity near Metromont Corporation Rezoning site(January 2019-December 2021)
3
■ Fatal ■ Injury PDO
2
1
No crashes
reported
0
US 11/Stine Lane US 522/Full-Movement US 522/Right-in, Right-Out
Entrance Entrance
As shown, a single crash was reported at the US 1 1/Stine Lane intersection during the three-year study
period.The angle crash occurred between a tractor-trailer attempting a left-turn out of Stine Lane and a
northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in
traffic on US 11, resulting in the property damage only crash.The crash does not appear to be related to
insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample
sight lines in either direction on US 1 1 given the relatively linear alignment in this segment.The Stine Lane
approach serves multiple industrial uses along Stine Lane.
A single crash was reported near the right-in/right-out entrance on US 522; however,the head-on collision
does not appear to be related to the site entrance.The injury crash occurred when a southbound
passenger vehicle crossed over the centerline and struck a northbound passenger vehicle.
No crashes were reported during the three-year study period at the full-movement entrance on US 522.
Given no increase in the frequency or nature of site-related trips are projected with the rezoning of the
Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a
result of the proposed rezoning.
Conclusions
The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips
generated by the site or changes in site access relative to existing conditions.The rezoned parcels will serve
as additional storage for existing (not augmented or expanded) operations.As such,the existing
transportation network can adequately accommodate the proposed rezoning.
References
1. Virginia Department of Transportation.Pathways for Planning Portal. Accessed July 21,2022:
https://vdotp4p.com/view
Kittelson&Associates, Inc.
_TYPE D INER_ _TYPEC DRIVER_INJURYTYPE RTE_ _BODY TYPE_ _ NDITION
Head OnO1ker;l,No lmprop11—on Truck(SUV);22 Truck(SUV) oAdverse mndttlon(dear)
2004953131 2020 02 171 105712 A,. p,op.,A,I,o,22 Degarded Slop o,Vleld Slgi Truck(3 Azles o,Mo,.),22.T—k(SUV 11 NoAd,.,,.C—d,l,-(C..,)
LEGEND
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EX4i'TAV[;SITE ENTRANCES ON NORTH FREDERICK PKE
CO
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
-;H Fax: 540/ 665-6395
July 25, 2022
Thomas Moore Lawson
Thomas Moore Lawson, P.C.
P.0 Box 2740
Winchester, VA 22604
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Metromont Rezoning Application
Zoning: RA (Rural Areas) District
Property Identification Numbers (PINS): 54-A-11 &43-A-22
Magisterial District: Stonewall
Dear Mr. Lawson:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced
rezoning application during their meeting on July 19, 2022. This application seeks to rezone two
parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike
(Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA
Route 37 and north of Stine Lane.The parcels are currently zoned as RA(Rural Areas) and B2 (General
Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion
of the existing Metromont pre-cast concrete facility.
Following their review of this application, the HRAB recommended the applicant leave buffers along
the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB
recommended the applicant consider leaving buffers along the northwestern edge of the southern
parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a
historic resource.
Thank you for the opportunity to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Wyatt Pearson, AICP
Director of Planning & Development
WG P/pd
cc: Gary Crawford, HRAB Chairman
Tyler Klein, Frederick County Senior Planner
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
RECEIVED
AUG 10 2022
Rezoning Comments rio(JU14uk County
Public Works& InspeCUOpS
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: Greenway Engineering, Inc. Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Location of property: 980 North Frederick Pike, immediately west of City of Winchester
and immediately south of VA Route 37 and north of Stine Lane
Current zoning: B2 and Ra Zoning requested: M2 Acreage: 44.72
Department of Public Works Comments:
Q oh0 con, w,ew15' a,�
s�
Public Works Signature & Date:
Notice to Dept. of Public Works -Please Return This Form to the Applicant
22
r
Rezoning Comments RECEIVED AUG 1 p �
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: Greenway Engineering, Inc. Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester,VA 22602
Location of property: 980 North Frederick Pike, immediately west of City of Winchester
and immediately south of VA Route 37 and north of Stine Lane
Current zoning: 132 and Ra Zoning requested: M2 Acreage: 44.72
Fire Marshal's Comments:
Fire Marshal's Signature & Date:
Notice to Fire Marshal- Please Return This Form to the Applicant
23
Frederick County Fire and Rescue Department
- '� Office of the Fire Marshal
1080 Coverstone Drive
°l y Winchester,VA 22602
Phone: 540-665-6350 Fax: 540-678-4739
f +zEs� fmo@fcva.us
Plan Review
Rezoning
Status: Approved
Owner
Shockey Precast, a Metromont Company
219 Stine Ln
Winchester, Virginia 22603
Phone: 540-401-0101
Engineering Firm : Printed Date: 08/18/2022
Greenway Engineering
General Information
Received Date: 08/10/2022 Occupancy Type: Manufacturing
Review Begin Date: 08/18/2022 Property Use: Manufacturing
Review End Date: 08/18/2022 Activity Number: 1081063
Hours: 1.0000 Review Cause: Application
Activity Details
Project Name Metromont Rezoning
Comments:
No comments.
401
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
From: Eric R. Lawrence
To: Chris Mohn
Subject: Metromont Rezoning agency review comment
Date: Friday,August 19, 2022 1:57:16 PM
Chris,
Thank you for providing Frederick Water the opportunity to provide comment on the Metromont
Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to
rezone two properties (PIM #43-A-22 and 54-A-11) to the Industrial General (M2) Zoning District.
The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy
may utilize Frederick Water's public water and sewer services. The application states that
connection to and use of the water and sewer services is not required, and similarly does not
provide any water and sewer demand projections. Because the application does not require, nor
propose to, use the water and sewer services, Frederick Water provides no guarantees nor
assurances that public water and sewer services and its capacities are available for use on the
property. Should the properties elect in the future to connect to Frederick Water's water and sewer
services, the property owner, at their costs, will need to demonstrate that adequate capacities are
available and facilitate the extension of water and sewer services to the site.
Thank you.
Eric Lawrence
Eric Lawrence
Executive Director
d
FREDERICK L 540-868-1061 x117
WATER 0 elawrence@frederickwater.com
G 315 Tasker Rd,Stephens City,VA 22655
Chris Mohn
From: Timothy Youmans <Timothy.Youmans @winchesterva.gov>
Sent: Friday, August 26, 2022 1:10 PM
To: Chris Mohn
Cc: David Stewart; Tyler Klein; Wyatt Pearson
Subject: RE: Metromont Rezoning - Frederick County
Chris,
I did receive the rezoning application on August 10th for City commenting and did conduct a brief review of the proposal.
I do have concerns with the rezoning given the close proximity of some low, medium and high density residentially
zoned and developed City neighborhoods in relatively close proximity to the subject tract.
I noticed in the Impact Analysis Statement that it states on p. 2 that"Metromont intends to use the parcel for trailer
parking and miscellaneous outdoor storage." On p.3 it states that the intended activities include trailer parking and
storage of finished pre-cast concrete product..." I also noticed that, in the Proffer Statement, it states in 1.1 "The
Properties shall be developed with industrial general land uses consistent with the existing precast concrete
manufacturing facility located on the adjoining properties."
I don't believe that the statements of intent contained in the Impact Analysis provide much assurance as to what could
occur on the property long term versus what the current owner intends to do.
Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the
conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could
be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast
concrete manufacturing operations arising from this rezoning.
I believe that the proffered 100' wide dimensional buffer and obligation to preserve the mature existing deciduous trees
within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product
storage (assuming that spillage of site lighting is mitigated with year-round screening). I do not believe that it would be a
sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier
and perhaps taller manufacturing operations such as what appears in the two images below could be allowed.
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I would also note that mature trees do eventually die off or get destroyed during natural weather events despite best
efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature
deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods?
One other observation with regard to the 100' wide buffer adjacent to the CSX RR right-of-way that I would bring to your
attention is that there are not many mature trees within the 100'wide swath as scaled out from GIS mapping in the
scanned map image below for the portion of the tract adjoining the homes ranging from 909-1007 Pennsylvania Avenue
in the City. This is where an existing unimproved roadway traverses the site approximately 50' away from the RR right-
of-way and thus few or no existing matures trees within about half of the proposed 100'wide buffer area. Some of the
existing matures trees appear to be within the 60'wide CSX right-of-way where Metromont would have no authority to
preserve the trees.
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Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear
feet) north of where the City's Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of
the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance
reads:
"This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access
corridors leading into the designated local and national Historic Winchester(HW)District. Such entryways warrant
special attention and controls because they promote the general welfare of the community by attracting visitors and
generating business through heritage tourism-based economic development. Enhancement will occur through regulation
and guidance of site development including, but not limited to:sidewalks, off-street parking, signage, landscaping,
mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken
3
wall planes,fagade enhancements, and porches, thereby enhancing the overall appearance of the corridor, while
improving access along the corridor through increased walkability and interconnectivity."
While the City's recognizes that there are no extraterritorial provisions associated with City zoning designations that
would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any
measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as
viewed from the Rte 522 public right-of-way in conjunction with this request beyond what might otherwise be the
minimum requirements of properties zoned M-2 in Frederick County. I did not see under Section 2 of the proffer
statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts
along the property frontage.
Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was
hoping to be able to discuss this with our City Planning Commission at the Commission's work session on September 6th.
Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County
Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief
conversation with one of them about this.
I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick
up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester
comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it
is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly
attributable to the proposed rezoning of these properties.
Thank you,
Tim
Timothy A. Youmans
Planning Director
City of Winchester
15 N. Cameron Street
Winchester, VA 22601
Phone: (540) 667-1815 ext. 1415
Email: timothy.youmans(abwinchesterva.aov
Winch e r
fir: _:r: -�1
www.winchesterva.gov/ lanning
4
From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov>
Sent: Thursday, August 25, 2022 9:19 AM
To: John Bishop
Cc: Rhonda Funkhouser; Chris Mohn;Johnson,Joseph; Lineberry, Jeffery
Subject: Metromont Rezoning
John,
We have completed our review of the rezoning application and associated transportation assessments and traffic impact
statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning,
it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522
in the June 30th email below. The Traffic Assessment prepared by Kittleson &Associates, dated August 10, 2022, is
advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We
encourage the county to take this into consideration as part of this land use decision.
Please let me know if you have any questions or would like to discuss.
Thank you,
Timothy Rhodes
VDOT—Land Development Engineer
Clarke, Frederick, Shenandoah &Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
i
From: Timothy Rhodes
To: Chris Mohn
Cc: Rhonda Funkhouser;John Bishop; Matthew Smith; Lineberry,Jeffery
Subject: Metromont Follow-Up
Date: Thursday,June 30,2022 12:44:36 PM
Chris,
As a follow-up to Tuesday's meeting, VDOT staff has discussed the proposal and
does not feel a full blown TIA would be needed for this rezoning. We believe a limited
scope traffic analysis would be appropriate. Some items necessary for review would
be as follows:
• Please show the difference in trip generation with the proposed rezoning.
• Please provide anticipated volumes and graphics to show the movements.
• An entrance and safety operations analysis should be provided.
• We recommend the secondary access on Rte. 522 be closed. This is the
northernmost entrance and is located within the taper limits. This location also
currently has large concrete blocks in the area of the guardrail, alongside of
the road. These blocks need to be moved away from this area, outside of the
clear zone.
Please provide this information back to me for review. If you have any questions,
please feel free to give me a call.
Thanks,
Timothy Rhodes
VD01 Land Development Engineer
Clarke, Frederick, Shenandoah& Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
J o be comptetea by elannrng btgj: rec Amount kaid :$
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: Metromont LLC
Specific Contact Person if Other than Above: Chris Pastorius
Address: P.O. Box 2486, Greensville, SC 29602
Telephone: 540-665-3239 Email: cpastorius@metromont.com
Name: KSS, L.C.
Specific Contact Person if Other than Abc)vv: Katherine Solenberger
Address: P.O. Box 1901 , Winchester, VA 22604
Telephone: 540-3230221 Email: ksolenbergerl7@gmail.com
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: Thomas Moore Lawson, P.C.
Specific Contact Person at Firm: Thomas Moore Lawson
Address: P.O. Box 2740, Winchester, VA 22604
Telephone: 540-665-0050 Email: tlawson@lsplc.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
forth granting the finn or person such authority.
12
4. Project Name(if any): Metromont Rezoning
5. Property Information:
a. Property Identification Number(s): 54-A-11 and 43-A-22
b. Total acreage of the parcel(s): 44.72+/-
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
44.72+/-
d. Current zoning designation(s)and acreage(s) in each designation:
(54-A-11, B-2, 24.72) (43-A-22, RA, 20.00)
e. Proposed zoning designation(s) and acreage(s)in each designation:
(54-A-11, M2, 24.72) (43-A-22, M2, 20.00)
f. Magisterial District(s): Stonewall
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):
980 North Frederick Pike, immediately west of City of Winchester; and immediately
south of VA Route 37 and north of Stine Lane
h. Adjoining Properties:
Parcel ID Number Use Zoning
See attached
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.
I3
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.
Metromont LLC: Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605
KSS, L.C.: Katherin Solenberger; P.O. Box 1901,Winchester, VA 22604
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
® Location Map
IN Plat Depicting Metes/Bounds of Proposed Zoning
® Impact Analysis Statement
® Proffer Statement (if any)
® Agency Comments
® Fee
® Copies of Deed(s) to Property(ies)
® Tax Payment Verification
® Digital copies (pdf's)of all submitted items
14
8. 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.
I (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 Plarining 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: —am _ _ Date��z
If signing on behalf of an entity,please state name of entity and your title:
yj
Owner: _ nate
If signingf 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.
15
FREDERICK COUNTY ADJOINERS
LABEL TAX MAP# OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP
1 43 A 55A CIVES CORPORATION 210 CIVES LN WINCHESTER VA 22603
3 54 A 14 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602
4 54 A 15 METROMONT CORPORATION PQ BOX 2486 GREENVILLE SC 29602
5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 3724 LINDA LN ANNADALE VA 22003
30 54 A 10 SLIWINSKI HENRY F 942 N FREDERICK PIKE WINCHESTER VA 22603
31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 801 FAIRMONT AVE WINCHESTER VA 22601
32 53 A 60 SREIT AUTUMN WIND LLC 591 PUTNAM AVE GREENWICH CT 6830
33 54 A 12 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602
34 45 A 1 SHENANDOAH VALLEY BATTLEFIELDS PO BOX 897 NEW MARKET VA 22844
CITY OF WINCHESTER ROUSS CITY HALL ATTN TIM YOUMANS 15 N CAMERON ST WINCHESTER VA 22601
43-A-28A STEPHEN PHILLIP WILLIAMS LLC PO BOX 2556 WINCHESTER VA 22604
43-A-23 OSCARJENKINS 425 LENOIR DR WINCHESTER VA 22603
43-A-26A BROWNING-FERRIS INDUSTRIES PO BOX 29246 PHOENIX AZ 35038
43-A-21 HORIZON STONEWALL 4A OWNER LLC 3343 WESTCHESTER PIKE NEWTOWN SQUARE PA 19073
CITY OF WINCHESTER ADJOINERS
LABEL TAX MAP# OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP
6 114-01-130 A&R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645
7 114-01-129 A&R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645
8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601
9 114-01-127 SPONAUGLE MADONNA YTRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601
10 114-01-126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625
11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601
12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601
13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601
14 114-01-122 DAVE HOLLIDAY RENTALS 120 W JUBAL EARLY DR,STE 10: WINCHESTER VA 22601
15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601
16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601
17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601
18 133-07-118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601
19 133-07-117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601
20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601
21 133-06-19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601
22 133-06-18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601
23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601
24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601
25 133-06-15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601
26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601
27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601
28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601
29 133-06-10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601
��K coG Special Limited Power of Attorney
o County of Frederick, Virginia
Frederick Planning Website: www.fcvams
nx
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:
Melromont LLC
Name of Property Owner/Applicant
Please note: if the property owner/applicant is wt entity,the name of the entity should appear above.
if multiple persons own die property or are applicants,an executed power of atlorney from each owner will be needed.
P.O.Box 2486,Greensville,SC 29602 540-665-3238
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:
54-A-1 t
do hereby make,constitute,and appoint:
Thomas Moore Lawson,PC.
Name of Attorney-In-Fact
P.Q.Box 2740,Winchester,VA 22604 540.665.0050
Mailing Address of Attorney-In-t=act "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 rile and act on my behalf with respect
to application with Frederick County, Virginia for the follow , 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 attorney4n-fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
This appointment shall expire one year from the day that it is signed,or at such sooner time as I
otherwise rese' noSignature
Title(if signing on etaity _�
State of Qm l-a_._.._ County!£ of. Vr (jP(-)(.L , To wit:
I, ison-r. ,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
same before me in the 'urisdiction aforesaid this if,' day of , 20A
My Commission Expires: �Q
Notary Public 0%. ON Registration Number: '
P.' NOTA '
PUBLIC
REG#324329
� .
O ' EXPIRES
10131/20
�''4AI.TH•�F .•`�.
4c COGS Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
Department of Planning& Development, County of Frederick, Virginia
1.07 North Kent Street, Winchester, Virginia 22601.
Phone (540) 665-5651 Facsimile (540)665-6395
Know All Men By These Presents That:
Metromont LLC
Narne of Property Owner/Applicant
Please note If the property owner/appircam is an entity.tttc name of the entity should appear above
If multiple persons own the property or arc applicants.an executed power of attorney from each owner will be needcd
P.O.Box 2486,Greensville,SC 29602 540-665-3239
Mailing Address of Property Owner/Appticant 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:
54-A-11
do hereby make,constitute,and appoint:
Greenway Engineering, Inc.
Name of Attorney-In-Fact
151 Windy Hill Lane,Winchester,VA 22602 540-662-4185
Mailing Address of Attomey-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
fall 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) F� 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:
This appointment shall expire one year from the day that it is signed,or at such sooner time as I
otherwise resci lsr modi ,it.
Signature .
Title(if signing on behalf of an entity)
State of. i lC tr ,County/eitr0f__j( i �c k , To wit:
I, IU,0 r rX.0 ._ , 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
sa ie before me in the 'urisdiction aforesaid this `,1'1 day of j[.I s,20
My Commission Expires:
Notary Public �.�`\SON 7' ''•,� Registration Number: 3-1 _
OTA
PUBLIC •
4 REG#324329
O EXPIRES
7
10131120
cK coG Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: wwvv.fcva.us
M
Iqt
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:
KSS, L.C.
Name of Property Owner/Applicant
Plcasc note: If the property owner/applicant is an entity,the name ortl►c entity should appear above.
I f multipte persons awn the property or are applicants,an executed power of auomq from each owner will be needed
P.O.Box 1901 Winchester,VA 22604 540.323.0221
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-
43-A-22
do hereby make,constitute,and appoint:
Greenway Engineering, Inc,
Name of Attorney-In-f=act
151 Windy Hill Lane,Winchester,VA 22602 540-662-4185
Mailing Address of Attomcy-In-Fact Yclephone Number
to act as my true and lawful attorney-in-fact for and in my name,place,and stead,witb 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:
n✓ Rezoning Subdivision
8 Conditional Use Permit Site Plan
Master Development flan (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:
This appointment shall expire one;:;ar from the day that it is signed,or at such sooner time as I
otherwise*rescior modify it.
SignatureTitle(if siIf of n entity) f" _ SSLC
State of__ [r in iCL County/Gly of edt-'1 i cy ,To wit:
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
s the before me in the jurisdiction aforesaid this day of � , 2q ,
. My Commission Expires: �_� 3f
N . ., . .. ��e��S 0''•, Registration Number: �33a
'•NOTARy•••,� '
• PL'BIIC
REG#324329
Q Nly COMM,SSION t
r 1
��• 10/31/20 • ��
H
ti�ti, cps Special Limited Power of Attorney
a4 �� County of Frederick, Virginia
Frederick Planning Website: www.feva.us
Department of Planning& Development, County of Frederick, Virginia
1.07 North Kent Street, Winchester,Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
KSS, L.C.
Name of Property Owner/Applicant
Plcasc note: If the property owner/applicant is an entity,the name of the entity should appear above.
If nwhiple persons own the property or are applicants,an executed poorer orattomey from each owner will be needed.
P.O.13w 1901 Winchester,VA 22604 540-323.0221
,Mailing Address of Property Owncr/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:
43-A-22
do hereby make,constitute,and appoint:
Thomas Moore Lawson, PC.
Name of Attorney-In-ract
P.O. Box 2740,Winchester,VA 22604 540-665.0050
Mailing Address orMtorney-In-Fact Telephone Number
to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the sante
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 , €or the above identified property:
❑✓ Rezoning Subdivision
�] Conditional Use Permit ✓ Site Plan
U 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:
This appointment shall expire one4yea- he day that it is signed,or at such sooner time as I
otherwise rescind or modify it.Signature
Title(if signi g on e 1a / s�
State of A i M I-N . _ , CountyAG-ky of Jf rte r I C � ,To wit:
1, .I n I f? 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
same before mein the jurisdiction aforesaid this t'4 day of MAO ,20
•` '�� My Commission Expires:
Notary Pub is .••P�, ••••., p •, Registration Number: r -
'•ivorARr'••�
pualc'•
REG#324329
C-) MY c hI SSION :
•'
10131120 �•�
Frederick Home Frederick County Virginia LIFE AT 7WE rOP
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Inquiry of Real Estate
Map Number: 54 A 11 View Map Name: METROMONT CORPORATION
Account# Dent# Ticket# Seq# Due Date Detailed Information(Click Below) Amount Due
ViewBill View Back of Bill 8015252 RE2021 27710 1 6/7/2021 2021 REAL ESTATE $0.00
ViewBill View Back of Bill 8015252 RE2021 27710 2 12/6/2021 2021 REAL ESTATE $0.00
ViewBill View Back of Bill 8015252 RE2022 27179 1 6/6/2022 2022 REAL ESTATE $0.00
L 8015252 RE2022 27179 2 12/5/2022 2022 REAL ESTATE $4,527.42
Total Due: $4,527.42
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Inquiry of Real Estate
Map Number: 43 A 22 View Map Name: KSS LC
Account# Dent# Ticket# Seq# Due Date Detailed Information(Click Below) Amount Due
ViewBill View Back of Bill 8008520 RE2021 13490 1 6/7/2021 2021 REAL ESTATE $0.00
ViewBill View Back of Bill 8008520 RE2021 13490 2 12/6/2021 2021 REAL ESTATE $0.00
ViewBill View Back of Bill 8008520 RE2022 22179 1 6/6/2022 2022 REAL ESTATE $0.00
8008520 RE2022 22179 2 12/5/2022 2022 REAL ESTATE $19.82
Total Due: $19.82
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210021532
GwU-�_ i� ms `s r q■Fes■ r� r c a
CERTIFICATE OF FACT
Certffy the Following from the Records of tete Commission:
The records of this office show on November 23,202-1,MM Stine Lane,LLC,a South Carofina
limited fiabdity company registered to transact business in Virginia,f iled in the Of ee of the
Secretary of State of South Carofinn,arfictes of-merger,merging MM Stine Larne,LLC into
METROMONT CORPORATION, a South Carolina corporation registered to transact
business in Virginia, a duly authenticated copy wasf fed in the Cterf2's Off ice of the
Commission on December g,202-1.
Nothing more is hereby cert fled.
Signed and Scaled at Richmond on this Date:
.;440ATIO&
c f,yr�o December 20, 202-1 -
�K'ft SY'P�'a+•
1903 $ernar J. Logan, CLeAe o t. e Commission
VIRGINIA:FREDERICIC COUN?'Y,SCI'.
This instrument of writing was praduced to me on
-La- a-7-- a at —3'.dQ P
and with certificate of acknorvlddgement theretq annexco
was
/admitted to record_T'ax impused by Sec.5&1-t 02 of
and 58.1-801 have been paid,if assessable
CERTIFICATE NUMBER: 2021122016694504
k
r�
THIS DEET)made and dated this 31"day of January,2018,by and between SHOCKEY
BROS_,INC_(aka Shockey Brothers.Inc.),a Virginia corporation,party of the first part,hereinafter
Grantor,and MM STINE I ANG.LLC,a South Carolina limited liability company,party of the
sccund part,hereinafter Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars($10.00),cash in
hand paid,and other good and valuable consideration,the receipt of which is hereby acknowledged,the
Grantor does hereby grant,bargain,sell and convey with Special Warranty of title,unto the Grantee,all
of its right,title and interest in and to these certain parcels of land,together with improvements thereon
V
and all rights,rights of way and appurtenances thereunto belonging,situate in Stonewall Magisterial
,a
District,Frederick County,Virginia,more particularly described on Exhibit A attached hereto and
a h
g m incorporated herein by this reference.
Reference is here made to the aforesaid instruments and the attachments and the references
therein contained for a further and more particular description of the property hereby conveyed_
�v
ew This conveyance is made subject to all easements,restrictions and conditions ofrecord and
o contained in the deeds forming the chain of title to the above described property provided,however,
aC5
S d that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record
c that may have expired or lapsed.
o Y
U' V F
C-0
Co
WITNESS the following signature and seal:
Sbockey Bros. a e
By: (SEA.-)
J.D hoc Jr.,G� alt
COMMONWEALTH OF VIRGINIA
CTfY OF W INCIIESTER.,to-wit:
The foregoing instrument was acknowledged before me this 31' day of January,2018,by J.
Donald Shockey,Jr.,his capacity as Chairm�7i�ary
Via corpuration.
c
My Commission expu 'rs<--..(y,� 2j 1,01-{x[
Notary Registration No.: / CtO G
Oenhae L.Thomas
NCM,Y PUNIC
Comn.a+ ry of Virginia
This Dead Prepared by. R09_*'30068Icy W'In"ASG1an a-pire9 Augu5t3l�tlt9
H.Edmunds Coleman,III,Esq.
VSs 415449
Bryan&Colmnan,PLC
118 South Braddock St
Winchester,VA 22601
Tel: (540),545-4172
L:LShmkey Bms to NM Stin A ead(f h)1-31-18.d�
2
EYLUM1T A c.)
PARCEL ONE: All of that certain tractor parcel of land,together with the improvements
thereon and the appurtenances thereto belonging,lying and being situate in Stonewall Magisterial
District,Frederick County,Virginia,containing 24._7426 acres,more or less,as shown on that
certain plat entitled"Final Plat for Boundary Line Adjustment Between the Lands of Lester A.
Elliott,Jr.Estate and Lester A.Elliott,Jr.Estate&Carlin L.Smith,Et Ux"dated June 9,1995,
prepared by S.W.Marsh,L.S.,attached to and recorded with that certain Deed dated June 23,
1995,recorded in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,in
Deed Book 943,at Page 1576;AND BEING the same property conveyed to Shockcy Bros.,Inc_,
a Virginia corporation,by Deed dated June 23,1995 from Carlin L.Smith,individually and as
Executor under the Will of Lester A.Elliott,Jr.,Deceased,and Goorgie E.Smith,his wife,and
Georgie E.Smith,Lynn E.Reed,Lester A.Elliott,III,Aubrey C.Hall,III and Holly S.Nichols,
formerly known as Holly S.Hall,beneficiaries of the Estate under the Will of Lester A.Elliott,
Jr.,deceased,recorded in the aforesaid Clerk's Office in Deed Book 841,at Page 1576.
TMP No.54-A-11 980 N Frederick Pike
Winchester,VA 22603
PARCEL TWO: All of that certain tract or parcel of land,together with the improvements
thereon and appurtenances thereto belonging,lying and being situate in Stonewall Magisterial
District,Frederick County,Virginia,containing 27.192 acres,more or less,as described in the
"Area Tabulation"on that certain Final Plat for Boundary Line Adjustment Between the Lands of
Shockey Bros.,Inc.,prepared by Greenway,Inc,dated July 25,1995, recorded in the Office of
the Clerk of the Circuit Court of Frederick County,Virginia,in Heed Book 843,at Page 130,and
being an aggregate of the 26.5102 acres,as shown on that certain plat and survey of R.M.
Bartenstein&Associates dated May 21,1964,recorded in the Office of the Clerk of the Circuit
Court of Frederick County,Virginia,in Deed Book 304,at Page 579,and more particularly
described as Parcel 4 and a portion of Parcel 4A on that certain plat entitled"Composite Plat
Showing All the Land of Shockey Realty Company"dated December 30,I983,prepared by
Thomas A.Shockey,C..L,S.,attached to and recorded with that certain Declaration of Plat dated
April 30.1984,recorded in the aforesaid Clerk's Office in Deed Book 575,at Page 572;AND
BEING all of Parcel One and part of Parcel Two that were conveyed to Shockey Brothers,Inc.,a
Virginia corporation,by Dood dated April 30,1984,from Ralph D.Shockey,lames D.Shockey
and Jaynes D.Shockey,Jr.,Partners,tIa Shockey Realty Company,a Virginia Limited
Partstership,recorded in the aforesaid Clerk's Office in Deed Book 575,at Page 583.
TMP 54 A 12 217 Stine Lane
Winchester,VA 22603
PARCEL THREE: All of that oertain tract or parcel of land,together with the improvements
thereon and appurtenances thereto belonging,lying and being situate in Stonewall Magisterial
District,Frederick County,Virginia,containing 4.3668 acres,more or less,as shown on that
certain plat entitled"Final Plat for Boundary Line Adjustment Between the Lands of Shockey
Brothers,Ina."dated March 4,2004,prepared by Richard A_Ed®s,L-S_,attached to and
recorded with that certain.Declaration of Plat dated August 13,2004,recorded in the Office of the
Clerk of the Circuit Court of Frederick County,Virginia,as Instrument No.040016374;AND
BEING the same property conveyed to Shockey Brothers,Inc.,a Virginia corporation,by Deed
dated April 30,1984,from Ralph D.Shockey,James D_Shockey and James D.Shockey,Jr.,
Partners,tla Shockey Realty Company,a Virginia Limited Partnership,recorded in the aforesaid
Clerk's Office in Deed Book 575,at Page 583. j
TMP 54 A 13 219 Stine Lane
Winchester,VA 22603 0
PARCEL FOUR: All of that certain tract or parcel of land,together with the improvements
thereon and appurtenances thereto belonging,lying and being situate in Stonewall Magisterial
District,Frederick County,Virginia,containing 44.28 acres,more or less,as shown on that plat
and survey prepared by Lee A.Ebert,C.L.S.,dated November 7,1973,attached to and recorded
with that certain Beed dated November 30,1973,recorded in the Office of the Clerk of the
Circuit Court of Frederick County,Virginia in Deed Book 421,at Page 623,and more:
particularly described as Parcel 7 on that certain plat entitled"Composite Plat Showing All the
Land of Shockey Realty Company"dated December 30,1983,prepared by Thomas A.Shockey,
C.L.S.,attached to and recorded with that certain Declaration of Plat dated April 30,1984,
recorded in the aforesaid Clerk's Office in Deed Book 575,at Page 572,AND BEING the same
property conveyed to Shockey Bros.,Inc.,a Virginia corporation,by Deed dated June 21,1990,
from Ralph D.Shockey,James D_Shockey and James D.Shockey,Jr_,Partners,trading as
Shockey Realty Company,a Virginia Limited Partnership,recorded in the aforesaid Clerk's
Office in Deed Book 748,at Page 688,less and except 0.4990 acres,conveyed to David
Matthews Smith and A1sonH.Smith,Jr.,by Deed dated July 26,1996,from Shockey Bros.,Inc.,
a Virginia corporation,recorded in the aforesaid Clerk's Office in Deed Book 863,at Page 793..
-TMP 54 A 14 44.28 acres
PARCEL FIVE: Pill of that certain tractor parcel of land,together with the improvements
thereon and appurtenances thereto belonging,lying and being situate in Stonewall Magisterial
District,Frederick County,Virginia,containing 32.20 acres,more or less,as shown on that
certain plat entitled"Final Plat for Boundary Line Adjustment Between the Lands of Shockey
Brothers,Inc"dated March 4,2004,prepared by Richard A.Edens,L.S.,attached to and
recorded with that certain Declaration of Plat dated August 13,2004,recorded in the Office of the
Clerk ofthe Circuit Court of Frederick County,Virginia,as Instrument No.040016.374,AND
BEING the same property conveyed to Shockey Bros_,Inc.,a Virginia corporation,by Deed
dated June 21,1990,from Ralph D.Shockey,James D.Shockey and James D.Shockey,Jr.,
Partners,trading as Shockey Realty Company,a Virginia Limited Partnership,recorded in the
aforesaid Clerk's Office in Deed Book 748,at Page 688.
TMP 54 A 15 32.20 acres
PARCEL SIX:All of that certain tract or parcel of land,together with the improvements
thereon and the appurtenances thereto belonging,situate approximately 1-112 miles North of
Winchester,a short distance West o€U.S_Route 11,in Stonewall Magisterial District,Frederick
County,Virginia,containing 1.50 acres,more or less,and more particularly described on the plat
and survey of 13.Bruce Edens,C.L_S.,dated August 3,1972,of record in the Office of the Clerk
of the Circuit Court of Froderick County,Virginia,in Deed Book 395,at Page 710;AND BEING
the same property conveyed to Shockey Bros.,Inc_,a Virginia corporation,by Dccd dated
February 22,2008,from Toms Brook,Inc.,a Virginia corporation,recorded in the aforesaid
Clerk's Office as Instrument No.080002157.
TMP 54 A 15A 234 Stine Line
Winchester,VA 22603
L:Sbmkry Bros to MM StiaeNExhibit A-Prppe, Dc ip tions f Dmd.daex
VIRGINIA:FREDERICK COUNTY,SCT. s
f'�This instrument of writing was prod4_72
uc��d to me on
t�7lrl lAAltn -s � �'p I f at _' 72 p.r.
ind with cArtificatc of admoMt dgement thereto aanexed
was admitted to record.Tax imposed by Sea 58.1-802 of
4a.000 A and 58-2-BD1 have bee.paid,if assessable
.Clerk
Grantee Address: P.O.Box 2368,Winchester,VA 22604 v
Assessed Value: N/A
Title Insurance: None
Tax Map Nos.: 53-A-70, 43-A-22,42-A-61,42-A-62,52-A-48, 52-A49,
41-A-170,
Consideration:This deed is exempt from recordation taxes pursuant to
Virginia Code§58.1-811(10),Code of VA.
THIS DEED , made and dated this 1 st day of July,2021 by and between FRUIT
HILT ORCHARDS,INC. a Virginia corporation(aka Fruit Hill Orchard,Inc.)party of
the first part, hereinafter called the Grantor(indexed as Grantor), and KSS,L.C., a Virginia
limited liability company,part of the second part,hereinafter called the Grantee (indexed as
Grantee).
RECITALS:
R.1. Fruit Hill Orchard Inc.is the sole member of KSS,L.C.,Virginia limited
liability company( the"Company"); and, desires to distribute to its Company the
hereinafter described properties set forth on the Schedules attached hereto.
Witnessth: NOW, THEREFORE: That for and in consideration of the benefits to
accrue thereby,the receipt and sufficiency of which is hereby acknowledged,the Grantor does
hereby grant and convey,with SPECIAL Warranty of Title,unto the Grantee, in fee simple
absolute,all of the following tract or parcel of land, lying and being situate in the County of
Frederick,Virginia set forth on KSS LC Schedules A-1,A-2,A-3,A-4 attached hereto and
by this reference made a part hereof as if set out in full.
Page 1-oft
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CDrn
WITNESS the following signature and seal.
FRUIT HILL ORCHARD,INC.
BY: c&aw S Q,i i I,,:tea (SEAL)
Diane S.Kearns,President
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER,TO-WIT
I,A,, G a Notary Public in and for the State and
jurisdiction afore aid,do hereby certify that i e S.Kearns,President of Fruit Hill Orchard,
Inc. whose name is are signed to the forego ng DEED dated the 1st day of July 2021, has
personally appeared before me and acknowledged the same in my State and jurisdiction
aforesaid. /
Given under my hand this l,H day of July,2021.
My Commission expires / Zi/ ( _L
Registration No: -70 /d 79 (�
0
This Deed Prepared By:
,,�� r�iirrrr
Benjamin M.Butler,PL "% RAZE C.to(�F�•,�
112 S. Cameron Street;NptRRY '
Winchester,VA 22601 pL)BLIG
. =
VA.Bar No.01357 :REG•07010794 _
MY COMMISSION :¢-
.o• EPIRS. ;•��
-ptiWEA
Page 2 of 2
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KSS LC-SCHEDULE A-1 w
v�
All of certain tract or parcel of land,situated in Back Creek Magisterial District,Frederick
County,Virginia,containing 30.185 acres,lying northwest of U.S.Highway No.50 ,and
shown as on a plat and survey prepared by Richard U.Goode, L.S.dated October 20,1960,of
record in the Clerk's Office of the Circuit Court of Frederick County,Virginia in deed Book 267
at Page 187,together with a twenty—foot(20')right of way as shown on the aforesaid plat and
by this reference Made a part hereof as if set out in full and being the same property conveyed
to Fruit Hill Orchards, Inc.by Deed dated November 27`h'2002 from C.R.Solenberger and
Bessie S.Solenberger,his wife,of record in the Clerk's Office of the Circuit Court of Frederick
County,Virginia as Instrument No.020020744.
Tax Map No.53-A-70
c-�
C.)
KSS,LC-SCHEDULE A-2 �-o
CD
All of certain tract or parcel of land,situated in Stonewall Magisterial District,Frederick
County,Virginia,containing 20 acres,in gross and not by the acre,together with all rights and
appurtenances thereunto belonging,(including,but not limited to,that certain right of way
acquired by Roy R.Boyce et ux by Deed from the Lenoir City Company,dated April 27,1967
and recorded in the Clerk's Office of the Circuit Court of Frederick County,Virginia in deed
book 332 at Page 126,conveying right of access from the land herein conveyed to U.S.
Highway No. 11)and being the same property conveyed to Fruit Hill Orchard, Inc.by Deed
dated August 22"d, 1969 from Roy R.Boyce and Pearl Virginia Boyce,his wife,of record in
the Clerk's Office of the Circuit Court of Frederick County,Virginia in Deed Book 356 at Page
310.
Tax Map No.43-A-22
G,J
lO
KSS LC-SCHEDULE A-3 �o
All of certain tract or parcel of land,situated in Gainesboro(formerly Back Creek District)
Magisterial District,Frederick County,Virginia, containing 32 acres,3 roods and 10 square
poles,more or less,together with all rights,rights of way,privileges,improvements and
appurtenances thereto belonging,lying and being situate a short distance East of Virginia State
Secondary Highway No.654,about three miles Northwest of Winchester, and further being
the aggregate of two contiguous tracts of land,formerly identified as the orchard tract and the
new ground tract,respectively,one containing 24 acres,2 roods and 26 poles,more or less and
the other containing 8 acres and 24 square poles,more or less, and described by metes and
bounds according to a survey thereof made by A.J.Tavenner,-Surveyor,of Frederick County,
on June 17'h,1915 as set forth in the hereinafter mentioned Deed and by this reference made a
part hereof as if set out in full,and being the same property conveyed to Fruit Hill Orchard,
Inc.by Deed dated March 26`h, 1982 from Nelson L.Carpenter and Margaret S.Carpenter,his
wife,of record in the Clerk's Office of the Circuit Court of Frederick County,Virginia in Deed
Book 546 at Page 194.
Tax Map No.52-A-48 and 52-A-49
s -
Q
KSS LC-SCHEDULE A-4 0
All of certain tract or parcel of land,situated in Gainesboro(formerly Stonewall District)
Magisterial District,Frederick County,Virginia,about three miles west of the City of
Winchester,known as the Poor House Farm,and containing 274.0744,more or less,according
to plat and survey made by Richard U.Goode,Certified Surveyor,on June 24, 1965 attached to
the hereinafter mentioned Deed,together with all rights,rights of way,privileges,improvements
and appurtenances thereto belonging,and by this reference made a part hereof as if set out in
full,and being the same property conveyed to Fruit Hill Orchard, Inc.by Deed dated March
29`h, 1968 from Fred E.Unger et al,of record in the Clerk's Office of the Circuit Court of
Frederick County,Virginia in Deed Book 341 at age 47.
Tax Map No.41-A-170
VIRGINIA:FREDERICK COUNTVSCT.
*vd
0twritingwasprodllCed to mean
at PMcerti6cateacknowledgementthe etoannexed
ittedzorecord.l'aximposedbySec.58.1802of
L and58.1-801hauebeenpaid,ifasse%able.
Clerk
c0