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064-24 (RezSinghTransInc(Gagandeep&MKaur)) ORDINANCE E Action: PLANNING COMMISSION: March 6, 2024 Recommended Approval BOARD OF SUPERVISORS: April 10, 2024 Adopted AMENDING THE ZONING DISTRICT MAP REZONING#01-24 FOR SINGH TRANS, INC. (GAGANDEEP & M. KAUR) WHEREAS,REZONING#01-24 for Singh Trans,Inc.(Gagandeep&M.Kaur)submitted to rezone three (3)parcels totaling approximately+/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers. The subject properties are generally located north of Fairfax Pike (Route 277), approximately %2 miles east of the intersection of Fairfax Pike and Hudson Hollow Road (Route 636), and are identified by Property Identification Numbers 86-A-174, 86-A-175 and 86-A-176 in the Shawnee Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on March 6, 2024, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on April 10, 2024; 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, and in conformance with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance Chapter 165 of the Frederick County Code, Zoning, to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the MI (Light Industrial) Zoning District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 10`]', day of April 2024 by the following recorded vote: Res# 06424 Josh E. Ludwig, Chainxlan No, Jolm F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael L. Bollhoefer Frederick County-Ad inistrator Resp` 064-24 COQ REZONING APPLICATION#01-24 SINGH TRANS,INC.(GAGANDEEP &M.KAUR) w � Staff Report for the Board of Supervisors Prepared:April 3,2024 Staff Contacts: M. Tyler Klein,AICP, Senior Planner 1738 Reviewed Action Planning Commission 03/06/24 Recommended Approval Board of Supervisors: 04/10/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/10/24 BOARD OF SUPERVISORS MEETING: This is a request to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers to enable the development of a 11,300 square foot (SF) (tractor) trucking repair facility in the Shawnee Magisterial District. The Planning Commission held a public hearing on March 6, 2024, and unanimously recommended approval (Commissioner Moden absent). In the Planning Commission's action, they further recommended the application be revised to include restrictions on the hours of operation for repair service, overnight truck idling, buffers and screening along Fairfax Pike, and high-quality building materials be used for the facade facing the road. The applicant has since addressed these comments through a revision to the proffer statement(revised March 25,2024)and generalized development plan (revised March 8,2024).The following changes were incorporated post-Planning Commission action: • Commitment to restricted hours of operation (7AM to 7PM Monday through Saturday). • Commitment to high-quality building fagade design facing Fairfax Pike. • Commitment to maintaining 50-feet(FT) of mature woodlands around the property perimeter, and use of a Category C Type full screen buffer along Fairfax Pike if existing vegetation cannot be preserved. There are no outstanding issues,and the proposed rezoning is in general conformance with Comprehensive Plan policies.There are no outstanding comments,and the proffer statement(revised March 25,2024)is in a legal form acceptable to the County Attorney. Following the required public hearing, a decision regarding this rezoning agglication by the Board ofSugervisors would be appropriate. The Applicant should be12repared to adeguately address all concerns raised by the Board of.S'ugervisors. Rezoning 901-24 Singh Trans, Inc. April 3,2024 Page 2 This report has been prepared by the Frederick County Planninz Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoninz matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: This is a request to rezone+/-7.60-acres from the RA(Rural Areas)Zoning District to the M1 (Light Industrial) Zoning District with proffers. LOCATION: The subject properties are generally located north of Fairfax Pike (Route 277), approximately 1/2 miles east of the intersection of Fairfax Pike and Hudson Hollow Road(Route 636). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 86-A-174, 86-A-175 & 86-A-176 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Unimproved South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Vacant/Unimproved West: Rural Areas (RA) Use: Residential REVIEW EVALUATIONS: Planning & Zoning: 1) Comprehensive Plan Land Use Compatibility The Comprehensive Plan(adopted November 202 1)and the Southern FrederickArea Plan(SOFRED, 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with a"industrial"land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). Further, the SOFRED plan identifies the subject properties within the"Route 277 Triangle—Centers of Economy" planning area. The plan states: "The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is fully supportive of the Frederick County Economic Development Authority's targeted goals and strategies. The intent of the mixed-use designation is to further"enhance the County's commercial and industrial areas and to provide focus to the County's future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations,is encouraged. Such areas are supported by substantial areas Rezoning 901-24 Singh Trans, Inc. April 3,2024 Page 3 of industrial and commercial opportunity and provide areas that are well designed with high quality architecture and site design- It is the intent of such areas to promote a strong positive community image. " REZ # 01 - 24: Singh Trans, Inc. PINs:86-A-174,86-A- 175,86-A-176 Rezoning from RA to M1 ; Long Range Land Use Map j X • • • • • • • • • • • • • • •X X GM L� REZ#01-24 ! 6A REZ 10-1 24 Q. Q REZ#01-24 om ME Q�7 DIM •.,..� FAIRFAXPIKE sri ZILE_ Q,% Lm .OW WM MOM go um LEN GM APPI ca Eon / S ewer and water seNme area ��g Q Parcels a Long Range Land Use h ijZi Neighborhood village i Mixed Use Commerc l ifice • Industrial Frederick County Planning&Development `N 107N Kent St w E Winchester,VA 22601 540-665-5651 6 0 165 330 660 Feet Map Created'February 2,2024 I I I r Further, the"Business Development" Chapter of the Comprehensive Plan includes several "targeted industries"for expansion of industrial land uses,this includes advanced manufacturing,headquarters and back office, professional and creative services, and agribusiness and food processing. The proposed rezoning implements a use (trucking repair facility) typically associated with the "industrial" land use designation in the Comprehensive Plan. Staff would note that the proposed rezoning application materials do not specifically address how the use supports the County's targeted industries (identified above) or the area plan's vision for"a mix of flexible uses" or "industrial and commercial opportunity. The revised proffer statement(March 25, 2024) does include a proffer(1.4) committing to ahigh-quality facade facing Route 277. In this respect,the application may notfully be consistent with the Comprehensive Plan policies. However, the rezoning, as proposed, generally implements Comprehensive Plan policies specific to future land use compatibility. Rezoning 901-24 Singh Trans, Inc. Apri13,2024 Page 4 3) Site Access and Transportation The Plan also identifies transportation improvements in the vicinity of the subject properties. Fairfax Pike (Route 277)is identified as an"improved minor arterial roadway;" right-of-way will need to be reserved along the subject properties frontage to accommodate this future condition as well as any warranted turn lanes (subject to VDOT approval). The proffer statement (dated January 29, 2024) includes a dedication at time of site plan for additional right-of-way (ROW) along Fairfax Pike for future improvements. The rezoning, as proposed, generally implements Comprehensive Plan policies specific to future transportation facilities. 4) Potential Impacts & Proffers The proffer statement, dated March 25, 2024, "restricts the use of the property to only a truck repair facility and the related parking of commercial trucks for repair services." By limiting the use of the property to only those uses studied, potential impacts to adjoining properties and roadways, is sufficiently mitigated. Further, the proffers include hours of operation restrictions, building design provisions, preservation of existing vegetation and/or commitment to a Category C Type full screen buffer along Route 277, and a$0.10 per square foot of gross floor area contribution to fire and rescue services to mitigate potential impacts to County capital facilities and services. The proffer statement is in a legal form acceptable to the County Attorney. Other Review Auncy Comments: Review Agency Comment Issuance Date Status Virginia Department of September 21, 2024 Comments resolved. Transportation VDOT Frederick County FC Attorney September 25, 2023 Acceptable legal form. Frederick County Public Works September 19, 2023 Detailed review if a site plan is submitted for this potential project. Frederick Water September 8, 2023 Frederick Water has not been in discussion with the applicant regarding this private on- site sewer disposal approach and will defer to the County and the Health Department on the appropriateness of utilizing private on-site sewer disposal. Virginia Department of Health September 13, 2023 No objection to proposed rezoning VDH of subject property. Rezoning 901-24 Singh Trans, Inc. April 3,2024 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/06/24 MEETING: The Planning Commission held a public hearing on March 6, 2024. The primary discussion was the operation of the business and the number of tractor trucks and trailers that could be serviced. The applicant's representative clarified that the facility would only serve the owner's fleet and presently there were up to 20 tractor trucks and trailers,but they did not all require servicing at the same time. It was stated all repair activities would occur indoors and the owner intended to develop the site with minimal disturbance to the existing mature vegetation on site, to the extent possible. The Planning Commission also expressed concerns with the increase in truck traffic to Route 277,noise generated by idling vehicles, and the impact on adjoining properties. Three (3) citizens provided comments on the proposed rezoning, specifically noting potential unmitigated impacts including noise, odor/fumes, spilling of hazardous materials, light pollution, increased traffic and potential for conflicts with passenger vehicles. The Planning Commission recommended approval(Commissioner Molden—absent)and conditioned their approval on the applicant including the following revisions to the proffer statement:inclusion of a restriction in the hours of operation for repair activities,inclusion of a restriction on overnight vehicle idling,commitment to high quality building design for the fagade facing Fairfax Pike,and to commit to screening along the road. Following the reguired12ublic hearing. a decision regarding this rezoning application by the Board ofSugervisors would be a1212rogriate. The Agglicant should be grej2ared to adequately address all concerns raised by the Board of.S'ugervisors. SinghTrans, Rezoning • • MI Zoning Map Ilk r 1261 .��` .��� .'i_}gk_Jt7. x��_,� ..t�':.A.�E. •:-�� .� "�, ���fi�, ".!`` `r - p �"f ?�S' f. L�s• '� 4x,� `� t ted'' 4 ys Ye- � 4�1�F., ".�t � •� xLaf?�<r � F;, a `, ki r: ` 9}�• s' t � M.... ca:. Ila r a 4 t, 86A 175 86 A 176 ;- - ' FAIRFAX 86 A 174 . 7 A 1290 FAIRFAX 1304 69 131 ply FFAX FAIRF 'V FAIRFAX }. � P. PIKE r�• En—OUNTRWAMOM, • :• .• - SinghTrans, Rezoning • • MI Location • • `�'h•N'� �'/3 r;';pec �' � i ` ,�,�.. r.,,� , v�s ,!¢��j� . ION '� s'��` '�,•i�;. .`i_!gk_J[7. .�^���_,� ..1�r...it�, ����t .� `mac ���}�., r.i` •+- - ,. p +` "f ?�s' �,� � "� xLaf?�<r � F;, a `, k i r ` 9}�• s' r � M.... c a:. Ila r a 4" t, 1301 86.A 175 . ...: c— 86 A 176 ;- _ ' FAIRFAX 86 A 174 NO 7 r 1290 FAIRFAX 1304 69 131 KE plFAIRFAX FAIRF FAIRFRFAX }. � P. PIKE r�� REZ # 01 - 24: Singh Trans, Inc. PINs: 86 - A - 174, 86 - A - 175, 86 - A - 176 Rezoning from RA to M1 Long Range Land Use Map ago RZ#01-24 REZ#01-24 MG M £33Q L� REZ#01-24 77 FAIRFAX PIKE O �;yy�� Ow 7 Fq RF i nApplication 4�= Sewer and Water Service Area Q Q Parcels N Long Range Land Use 1 0 Industrial 7 \ WE J S r r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 80 160 320 Feet Map Created:February 2,2024 PROFFER STATEMENT REZONING: RZ#: 01-24 RA- Rural Areas District(+/- 1.0 acres, +/- 1.5 acres, and+/- 5.1 acres)to M-1 —Light Industrial District+/- 7.6 acres PROPERTY: 1.0 acres +/-, 1.5 acres +/-, 5.1 acres +/-; Tax Map Parcel 86-A-174,175,176, respectively RECORD OWNER: Gagandeep and Mandip Kaur APPLICANT: Singh Trans, Inc. PROJECT NAME: Singh Trans, Inc. —Trucking Repair Facility ORIGINAL DATE OF PROFFERS: January 29, 2024 REVISION DATE(S): N�4March 25, 2024 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made. prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the Owner ("Owner"),these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property 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 County 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 Property 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. Singh Trans., Inc. Proffer Statement 1. LAND USE 1.1 The Owner shall restrict the use of the property to only a"trucking repair facility" and the related parking of commercial trucks for repair services. There shall be no sale or rental of commercial trucks or trailers as part of this proposed use. 1.2 The project shall be constructed in substantial conformance with the attached Generalized Development Plan dated March 8, 2024, provided that minor modifications are permitted during the final engineering process. 1.3 Oper-4ien of t4e repair-f4eility shall be efflidtieted bet-ween t4e hetffs of 7:00 am to '7�rEST A 4r-etigh Satidr-day.. No equipment o outdoor-aetiyities 1.3 No repair activities or operation/idling of trucking equipment shall be conducted outside the hours of 7:00 am to 7:00 pm Monday through Saturday. 4-4 1.5 The building fagade fronting Fairfax Pike shall be constructed of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. The proposed materials will be submitted to the County for review, comment, and approval during the permitting processes.t-efistaz 1.4 4-61.5 The intent of the development is to maintain 50-feet of mature woodlands*e where feasible, along the propeM perimeter , including along the frontage on Fairfax Pike, to meet the landscape screening requirements. if�he In the event the existing vegetation along Fairfax Pike cannot be utilized, or is not adequately maintained, additional sereonin a Category C full screen buffer will be installed will be pr-„vide a 2. TRANSPORTATION 2.1 The Owner shall dedicate additional right-of-way to VDOT along Fairfax Pike as necessary to conduct future road improvements for the Fairfax Pike—Route 277 Corridor. Said proposed roadway improvements and dedication of right-of-way shall be defined at the time of site plan process by Owner and VDOT. 3. FIRE AND RESCUE 3.1 The Owner shall contribute to the Board the sum of$0.10 per square foot of gross floor area for fire and rescue purposes, payable upon the issuance of a building permit for the structure. Page 2 of 4 Singh Trans., Inc. Proffer Statement SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, OWNER By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Wit: The foregoing instrument was acknowledged before me this day of 2024, by Notary Public Registration Number: My Commission Expires: Page 3 of 4 Singh Trans., Inc. Proffer Statement Respectfully submitted, OWNER By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Wit: The foregoing instrument was acknowledged before me this day of 2024, by Notary Public Registration Number: My Commission Expires: Page 4 of 4 PROFFER STATEMENT REZONING: RZ#: 01-24 RA-Rural Areas District(+/- 1.0 acres, +/- 1.5 acres, and+/- 5.1 acres)to M-1 —Light Industrial District+/- 7.6 acres PROPERTY: 1.0 acres +/-, 1.5 acres +/-, 5.1 acres +/-; Tax Map Parcel 86-A-174,175,176, respectively RECORD OWNER: Gagandeep and Mandip Kaur APPLICANT: Singh Trans, Inc. PROJECT NAME: Singh Trans, Inc. — Trucking Repair Facility ORIGINAL DATE OF PROFFERS: January 29, 2024 REVISION DATE(S): March 25, 2024 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made. prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property 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 County 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 Property 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. Singh Trans., Inc. Proffer Statement 1. LAND USE 1.1 The Owner shall restrict the use of the property to only a"trucking repair facility" and the related parking of commercial trucks for repair services. There shall be no sale or rental of commercial trucks or trailers as part of this proposed use. 1.2 The project shall be constructed in substantial conformance with the attached Generalized Development Plan dated March 8, 2024, provided that minor modifications are permitted during the final engineering process. 1.3 No repair activities or operation/idling of trucking equipment shall be conducted outside the hours of 7:00 am to 7:00 pm Monday through Saturday. 1.4 The building facade fronting Fairfax Pike shall be constructed of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. The proposed materials will be submitted to the County for review, comment, and approval during the permitting processes. 1.5 The intent of the development is to maintain 50-feet of mature woodlands, where feasible, along the property perimeter, including along the frontage on Fairfax Pike, to meet the landscape screening requirements. In the event the existing vegetation along Fairfax Pike cannot be utilized, or is not adequately maintained, a Category C full screen buffer will be installed. 2. TRANSPORTATION 2.1 The Owner shall dedicate additional right-of-way to VDOT along Fairfax Pike as necessary to conduct future road improvements for the Fairfax Pike—Route 277 Corridor. Said proposed roadway improvements and dedication of right-of-way shall be defined at the time of site plan process by Owner and VDOT. 3. FIRE AND RESCUE 3.1 The Owner shall contribute to the Board the sum of$0.10 per square foot of gross floor area for fire and rescue purposes, payable upon the issuance of a building permit for the structure. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 4 Singh Trans., Inc. Proffer Statement Respectfully submitted, OWNER By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Wit: The foregoing instrument was acknowledged before me this day of 2024, by Notary Public Registration Number: My Commission Expires: Page 3 of 4 Singh Trans., Inc. Proffer Statement Respectfully submitted, OWNER By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-Wit: The foregoing instrument was acknowledged before me this day of 2024, by Notary Public Registration Number: My Commission Expires: Page 4 of 4 rz/eo/c:3ivo Hsnend m eiu�.ro.me�.xv +x�nVtlaa VA'ALNnoa Aoid3Q3213 a3 _ _ei xov°a ssNm�as�roz O X _ W 9HIY33 HION3 U �l V Q NVzd 1Nzwdo znza azzn�dzNzo z\eo\�o o0]-- � Q 0 3wdv,�„ fN, � ��N� �sNda� ��N�s / 9L N pp'S9 '. . Fp,�RFAX e�sz t / p 809 M .. \ (�oa°1 p / _ ,00''s6l -r t v -- ✓ � 1 w p n 3.ecsz.9�s / I / I _ ez. I I SINGH TRANS, INC. REZONING LIGHT INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS AND PROFFER STATEMENT SITE INFORMATION Location: The Parcels (Tax Map #86-A-174,175,176)fronts on northeast side of Fairfax Pike (U.S Route 277), approximately 2.25 miles east of Stephen City. Magisterial District: Shawnee District Tax Map Numbers: 86-A-174,175,176 Current Zoning: RA, Rural Areas District Current Use: Undeveloped Proposed Zoning: M-1, Light Industrial District with proffers Proposed Use: 11,300 sf transportation truck maintenance and repair shop with parking in the rear (north) of the property for trucks and/or trailers to be parked while being maintenance/repaired. There shall be no rental or storage of trailers, nor sales of any truck or trailer as part of this use. Total Rezoning Area: 7.60±-acres with proffers INTRODUCTION This report has been prepared for the purpose of assessing the impact of Frederick County by the proffered rezoning of three parcels totaling approximately 7.60± acres to the M1, Light Industrial District. The subject property includes a 1.0±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-176 (West Parcel), a 1.5±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-175 (Middle Parcel), and a 5.10±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-174 (East Parcel). The parcels are adjacent and north of Fairfax Pike (U.S Route 277) and immediately east of the Town of Stephen City (see the Location Exhibit included with this report). The proposed use is to be a 11,300 sf transportation truck maintenance and repair shop with parking in the rear(north) of the property for trucks and/or trailers to be parked while being maintenance/repaired. There shall be no rental or storage of trailers, nor sales of any truck or trailer as part of this use. Automotive repair shops are classified under SIC Major Group 753 and which the Frederick County Zoning Ordinance identifies as a permitted use in the M-1 District. In addition, Truck or fleet maintenance facilities are permitted uses as well, but do not have a SIC classification. The parcels will be consolidated as part of the rezoning or site plan process as necessary for the proposed site development. SURROUNDING PROPERTIES Adjoining property zonin agnd present use, North Parcel (Tax Map #86-A-1): North: Tax Map #86-A-1; RA, Rural Area District Use: Undeveloped East: Tax Map #86-A-177: RA, Rural Area District Use: Undeveloped West: Tax Map #86-A-173; RA, Rural Area District Use: Residential South: Tax Map #86-A-179.; RA, Rural Area District Use: Accessory Building Tax Map #86-A-179: RA, Rural Area District Use: Accessory Building Tax Map #86-A-180; RA, Rural Area District Use: Residential TRANSPORTATION The proposed use will not have any measurable impact on the external road network serving the subject property. There are 31 proposed parking spaces available for tractor trailer parking while in the service queue. A standard, full-movement commercial entrance is proposed and will be the primary point of ingress and egress for both employees, incoming parts delivery, and customers. SEWAGE CONVEYANCE AND TREATMENT Public sewer is not available at the subject parcels and would require a force main ran to the west to White Oaks Road and possible pump station upgrade. In discussions with Frederick Water, who is the provider of public sewer service within the area of the County, a private, on-site sewage dispersal system will be allowed for the proposed use. The activities proposed by the repair maintenance shop has required an approximate 85' x 85' dripfield with an alternative septic system design, which was found on-site. The Soil Work was completed by Heltzel Soil Consulting and is included as an attachment. The final design of the alternative septic system will be provided during the site plan phase and approved by VDH. WATER SUPPLY The subject parcels 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 the area of the County. The proposed use will require water service to serve the bathroom and office area of the repair/maintenance facility, and there is water available at the site on the opposite side (South) of Fairfax Pike. A directional bore will likely be required to tie into the existing water main. SITE DRAINAGE Topographic relief generally follows an east to west pattern that directs drainage towards the western portion 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. ENVIRONMENTAL FEATURES Floodplain: There are no areas of floodplain on the subject properties or in the vicinity of the project. Wetlands and Streams: There are no wetlands areas or streams on the subject properties as demonstrated on the National Wetlands Inventory (NWI)Map information, or from information identified in the Frederick County GIS Database. Steep Slopes: There appears to be no areas of steep slopes on the subject properties as defined by the Frederick County Zoning Ordinance. HISTORIC RESOURCES There are no significant historic resources on the subject properties or in the vicinity of the proj ect. IMPACT ON COMMUNITY FACILITIES The proposed rezoning recognizes a potential increase in services for the Frederick County Fire and Rescue Services. Consequently, the proffer statement associated with this application secures a provision for a $0.10 per building square foot monetary contribution, specifically directed to the Frederick County Fire and Rescue Services. [rest of page left intentionally blank] V D OT -.-if T a spuria[oeF1t Mr. Cheran, A VDOT Review of the proposed Rezoning for Singh Trans, Inc. has been completed. The application is proposing to rezone Parcels identified as TM # 86-A-174, 86-A-175 and 86-A-176 from RA, Rural Area to M-1, Light Industrial. We offer the following comments: • Proffer# 2.1 states: "The owner shall dedicate additional right-of-way to VDOT along Fairfax Pike as necessary to conduct future road improvements for the Fairfax Pike-Route 277 Corridor. Said right-of-way shall be dedicated within 90 days of receiving written notice from VDOT." Consideration should be given to defining the roadway improvements and dedication of the right-of-way at the time of site plan, instead of within 90 days of receiving written notice from VDOT. • The application references a proposed use of a 11,300 sf transportation truck maintenance and repair shop. However, the applicant has not proffered out other uses allowed by-right in M-1 zoning district. With no restrictions proposed on the use, the highest and best use of M-1 zoning will be used for traffic generation assumptions on these parcels. • The impact analysis states: "The proposed use will not have any measurable impact on the external road network serving the subject property. There are 31 proposed parking spaces available for tractor trailer parking while in the service queue, which would not increase the current tractor trailer truck traffic currently on Fairfax Pike (U.S. Route 277)." A repair facility will likely generate truck trips that would not otherwise be on Route 277. Therefore, this statement is not factually correct. We appreciate the opportunity to review and comment on this rezoning application request. If the applicant or the County has any questions or would like to discuss, please feel free to contact me. Thank you, Timothy Rhodes Land Development Engineer/Edinburg Virginia Department of Transportation XVDEIT 540-534-3206 timothy.rhodesa-VDOT.Virginia.gov COUNTY OF FREDERICK Roderick B. Williams County Attorney e 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us September 25, 2023 VIA E-MAIL Mr. Tyler Austin Racey Engineering 312 West Main Street Luray, Virginia 22835 Re: Rezoning Application—Singh Trans Tax Parcel Numbers 86-A-174, 86-A-175, and 86-A-176 (the "Property") Dear Mr. Austin: You have submitted to Frederick County for review a proposed proffer statement(the "Proffer Statement") for the proposed rezoning of the Property, 7.6± acres in the Shawnee Magisterial District, from the RA (Rural Areas)Zoning District to the M1 (Light Industrial) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Parcel numbers/adjoiners—On the application form, the initial two digits of the adjoiner parcel numbers are incorrect; it shows as 87 and should be 86. The same is also true for the parcel numbers shown for the Property on the power of attorney form. With respect to the adjoiner list, the "B" should be deleted from the end of the parcel number for the Carlson parcel. As well, it may be prudent to add parcel numbers 86-A-179A (also owned by Carlson) and 86-A-180, both being diagonally across Fairfax Pike from the Property, to the adjoiner list. • Introductory paragraph - The paragraph contains an erroneous reference to B2 zoning. As well, there is an extraneous period near the end of the first sentence. • Proffer 1.1 — Staff should be aware that, relative to the impact analysis, other than the restriction on sale, rental, and storage of commercial trucks and trailers, the Proffer Statement does not otherwise exclude any specific uses. Also,I note that the applicant Mr.Tyler Austin September 25,2023 Page 2 has tendered a concept plan document but has not proffered that as a generalized development plan. • Proffer 2.1 —To avoid any ambiguity, it may be best to specify any limits of the extent of the right-of-way dedication. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: John Bishop, Assistant Director of Planning& Development,Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) RECEIVED AUG 2 b 2023 Rezoning Comments Frederick County Public Works&Inspections 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: Sanjiv Shan Telephone: Mailing Address: 15169 sky valley Drive Location of property: TM:86-A-174,86-A-175,86-A-176 Current zoning: RA Zoning requested: M1 Acreage: 746 Department of Public Works Comments: ode A %lel I d o -k- Public Works Signature &Date: Notice to Dept. of Pu6c Works -Please Return This Form to the Applicant 22 To be completed by Planning Sta� Fee Amount Paid S 10,760.00 Zoning Amendment Number 0 24 Anticipated PC Hearing Date 03/06/2024 Date Received 01/31/24 Anticipated BOS Hearing Date 03/27/2024 REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING& DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Gagandeep and Mandip Kaur Specific Contact Person if Other than Above: Sanjiv Shah Address: 15169 Sky Valley Drive, Haymarket, VA 20169 Telephone: Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Singh Trans, Inc. Specific Contact Person if Other than Above: Sanjiv Shah Address: 15169 Sky Valley Drive, Haymarket, VA 20169 Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Racey Engineering, PLLC Specific Contact Person at Firm: Tyler Austin, PE, LS Address: 312 West Main Street, Luray, VA 22835 Telephone: 540-743-9227 x104 Email: taustin@raceyengineering.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 12 4. Project Name (if any): Singh Trans Inc. -Trucking Repair Facility 5. Property Information: a. Property Identification Number(s): 86-A-174,175,176 b. Total acreage of the parcel(s): 1.0, 1.5, and 5.1 = -7.6 acres c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RA e. Proposed zoning designation(s) and acreage(s)in each designation: M-1 f. Magisterial District(s): Shawnee 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): on the north side of Fairfax Pike - Rte 277 across from 1340 Fairfax Pike, Stephen City h. Adjoining Properties: Parcel ID Number Use ZOnin 86-A-1 UNDEVELOPED RA 86-A-177 UNDEVELOPED RA 86-A-173 RESIDENTIAL RA 86-A-179 ACCESSORY BUILDING-RESIDENTIAL RA 86-A-179A ACCESSORY BUILDING-RESIDENTIAL RA 86-A-180 RESIDENTIAL RA 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. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Singh Trans Inc. c/o Sukhpreet Singh 14354 Compton Village Dive, Centreville, VA 20121 Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: NK Location Map V Plat Depicting Metes/Bounds of Proposed Zoning C( Impact Analysis Statement L( Proffer Statement(if any) 1r Agency Comments V Fee C( Copies of Deed(s) to Property(ies) V Tax Payment Verification IV Digital copies (pdf s) of all submitted items 14 uigiz�ign verMea - eQooeuea-gets-4e4l-abej-tor/ra�6rz61 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 Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I(we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. 19:::'— AMMMW���� j,�3 Owner: Date 09/�2 If signing on behalf of an entity,please state name of entity and your title: Racey Engineering, PLLC - Tyler S Austin, PE - Principal Owner: Date 09/22]2023 If signing on behalf of an entity, please state name of entity and your title: Owner Singh Trans Inc . Other Applicant Party(if any): G Date 09/22/2023 If signing on behalf of an entity,please state name of entity and your title: owner Singh Trans Inc If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name PEPPER LANE-LAND ACQUISITION COMPANY, LLC 15729 LOS GATOS BLVD STE 200 Property#86-A-1 LOS GATOS, CA 95032 Name PEPPER LANE-LAND ACQUISITION COMPANY, LLC 15729 LOS GATOS BLVD STE 200 Property#86-A-17 7 LOS GATOS, CA 95032 Name GEORGE E. SCHEULEN 6734 STREAM VIEW LANE Property#8 6-A-17 3 WARRENTON, VA 20187 Name SAMUEL FLETCHER PO BOX 7178 Property#86-A-1798 HYATTSVILLE, MD 20787 NameVERNON A. CARLSON, JR 1312 FAIRFAX PIKE Property#8 6-A-17 9 WHITE POST, VA 22663 NameJIMMY A. JOHNSON, ETALS 691 OATES ROAD Property#86-A-180 STAR TANNERY, VA 22654 Name Property# Name Property# Name Property# 16 ugr-)ign venae❑ - eaooeu/a-mets-4241-abed-T7TIF!)?-JTZJ1 �6 CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By'These Presents That: Singh Trans Inc. Name of Property OwmerlApplicant Please note' If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 15169 SKY VALLEY DR,HAYMARKET,VA,20169 Mailing Address of Property OwnerlApplicant Telephone Number as owner of,or applicant with respect to, the tract(s) or parcels) of land in Frederick County, Virginia,identified by following property identification numbers: 86-A-174,175,176 do hereby make,constitute,and appoint: Piacey Engineering, PLLC Name of Attorney-In-Fact 312 West Main Street, Luray,VA 22835 540-743-9227 Mailing Address of Attomey-In-Fact Telephone dumber to act as Ray true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified.property: V Rezoning ❑ Subdivision ❑ Conditional Use Permit ❑ Site Plan ❑ Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescii d or modify it. *= Signature 6 M Title(if signing on behalf of an entity) Owner Singh Trans Inc. State f ,County/City of L- , To wit; I, ,a Notary Public in and for the jurisdiction aforesaid,certify that the person w signed the foregoing instrument personally appeared before me and acknowledged the sam bef mein the `urisdiction aforesaid this day of , 2 My Commission Expires: r7 No CARL TYRE PU9L CAWJegistration Number:NOTAA104TRATION#095276 90MMANWIA6TH OF VIRGINI M1' MMI$510N EXPIRES €R 3G 2027 12/9/22,8:12 AM Sra EXHIBIT"A" LEGAL DESCRIPTION 0 All those certain tracts or parcels of land situate,lying and being in the County of Frederick, G State of Virginia,and more particularly described as follows: Or" Parcel 1:(MAP NO.86-A-171) All that certain tract or parcel of land beginning at the northwestern corner of Parcel One as described in Deed recorded as instrument no.020019739,thence north an extension of the west lute of the lands now or formerly Onken to the line of the land now or formerly of Harrison; thence east with Harrison's line to the lands of now or formerly of Hamilton;thence south with Hamilton's line to the north line of Onken's other tract;thence with Onken's line(being the north line of Parcel One as described in Deed recorded as Instrument No.02001973 9)west to the point of beginning adjoining the lands now or formerly of Harrison on the north,of the lands now or formerly of Hamilton on the east and containing five(5)acres,more or less(this being a conveyance in gross and not by the acre),as modified by Deed of Confirmation of Survey recorded as Instrument No.030000251 with survey attached thereto prepared by Elliott Ritchie, Jr.,L.S.,dated 11/15/02,which shows parcel as containing 3.5232 acres,more or less,and as further confirmed by affidavit and plat attached thereto recorded as Instrument No.0300002824. among the land records of Frederick County,Virginia. AND BEING the same property as conveyed by Instrument No.020019739 and modified by Deed of Survey Confirmation and Plats recorded as Instrument No.030000251 and No_0300002824,among the aforesaid land records. Parcel 2:(MAP NO. 86-A-177) Parcel One:All ofthat certain lot or parcel lying and being situate on the North side of Virginia Secondary Highway No.277,approximately two and one-half(2-1/2)miles East of the Town of Stephens City,in Opequon Magisterial District,Frederick County,Virginia,more particularly described: "Beginning at a point on the North side of the right of way of said highway comer to Schculen;thence with Scheulen's line N. 17 deg.34'E 670 feet to an iron pipe;thence with another line of Scheulen,N.83 deg. 10'W 100 feet;thence S. 17 deg.34'W 670 feet to the line of Thomas E.Burnett;thence with Burnett to the right of way of said highway;thence with the same,S_83 deg. 10'E 100 feet to the beginning,containing I.51 acres,more or less_ Parcel Two:All of that certain tract or parcel of land,lying and being situate along the North side of Route 277,containing 6,582.80 square feet(0.151 1 Acres),more particularly described by survey drawn by J.R.Nicely,C_L.S.,dated September 30, 1982,recorded in the aforesaid Clerk's Office in Deed Book 552,at Page 578,and by this reference made a part hereof as if set out in full. Parcel Three:All of that certain lot or parcel lying and being situate in Opequon Magisterial District,Frederick County,Virginia,fronting on the Northern side of Route 277 for a distance of 6.0 feet,and extending back in a Northerly direction along the Eastern boundary of the tot or parcel of land now or formerly owned by the Grantors in Deed recorded as Instrument 73852-00001;1807525.1 4 https://risweb.vacourts.govfjsralsra/#/search/recordSearch 4/5 1219/22,8:16 AM Sra 5K 5 1 8 PG 5 14 BK 3 1 3 =' ! 3 1 0 northward a uniform width,a distance of 660 feet,to the beginning. Parcel Three. All of that certain lot or parcel of land,lying and being situate In Opequon District,Frederick County,Virginia,on the North side of the highway leading from Stephens City to White Post,about two and one-half miles East of Stephens City,fronting three hundred forty-five(345)feet on the Northern limits of said highway;thence Northward six hundred seventy (670)feet,more or less to George Scheulen's line,bounded on the South by the said highway,on the West by land now or formerly owned by Kathryn Pifer, on the North by George Scheulen and on the East by land now or formerly owned by O.Lee Greathouse; AND BEING the same land conveyed to Richard R. Rosenberry, homme sole,and Luther Anderson,homme sole,by deed dated September 8, 1988,from Edwin E.Scheulen,et ux.,said deed Is of record in in Deed he Clerk's 692 Office of the Circuit Court of Frederick County,Virginia, at Page 441. 2. All those certain lots or parcels of land,with all the Improvements thereon, together with all appurtenances and hereditaments thereunto belonging or In anywise appertaining,lying and beingsltuate in the North River Magisterial ilistrict of Warren County, Virginia, and being known and design...:a-r. Lots Nos. 17,18 and 19,Block 3,as shown on the plat entitled HILL e,.=TALE SUBDIVISION,said plat is of record in the Clerk's Office of the Cir..uit Court of Warren County,Virginia,In Plat Book 1 at Page 145; AND BEING the identical real estate conveyed to Richard Rosenberry,homme sole,and Luther Anderson,homme sole,by deed dated September 8, 1988, from Sondra L.Burr,et vir.,said deed Is of record In the aforesaid Clerk's Office In Deed Book 388 at Page 576. 3. All those certain lots or parcels of land, together with ail Improvements thereon,and all rights,easements and appurtenances thereunto belonging,lying and being situate In North River Magisterial District,Warren County,Virginia,and being known and designated as Lots SEVEN (7) and EIGHT(8)In Block FiVE(5)of the subdivision known as"HILL AND DALE EXTENDED",as shown on that certain plat made by R.C.Gemmill,which Is of record in the Clerk's Office of the Circuit Court of Warren County, Virginia, in Plat Book 2 at Page 8; AND BEING the identical real estate conveyed to Richard A.Rosenberry,(also known as Richard R. Rosenberry) homme sole_,and Luther Anderson,homme sole,by deed dated January 6, 1989,from Ruth Miller,Widow,said deed is of record in the aforesaid Clerk's Office in Deed iBook 396 at Page 410. 4. PARCEL 1: All those certain lots or parceis of land, with all Improvements thereon and all appurtenances thereunto belonging, lying and being situate In the North River Magisterial District of Warren County, I https://risweb.vacourts.gov/jsra/sra/#/search/recordSearch 4/7 12/9/22,8:16 AM Sra BK 519 Pc 513 on511: . i 3 ©9 deed dated August 13, 1949,from Thomas E.Burnett,et ux., recorded In the aforesaid Clerk's Office in Deed Book 21 l at Page 185;and WHEREAS,the interests of Richard Rosenberry and Luther Anderson in said tracts of land have never been divided and allotted to them,and It now being the desire of both parties concerned to divide said land and allot a specific portion t--each of rheas, NOW,THEREFORE,in consideration of the premises and the sum of One Dollar ($1.00),cash in hand paid,the receipt of which is hereby acknowledged by the parties of the first part, the said parties of the first part do hereby grant and convey with General Warranty of Title unto the said LUTHER ANDERSON and FRANCES ANDERSON, his wife,parties of the second part,as tenants by the entireties with the right of survivorship as at common law,that Is,the share or interest of the Grantee first dying shall immediately become vested in the other,all their right,title and interest in and to the following tracts or parcels of land,and all rights,rights ofway and appurtenances thereunto appertaining,in fee simple,to-wit: 1. Parcel One: All of that certain lot or parcel of land containing one (1)acre,more or less,lying along the northern side of Virginia State Highway No. 277 about three miles east of Stephens City in Opequon District, Frederick County, Virginia, and more particularly described as follows: "Beginning at a comer to the lot now or formerly owned by Kathryn Plfer, formerly Byron Harris,on the northern side of said road,and running thence with said Pifer and Perkins,In a northerly direction a distance of 670 feet to a comer to the other lands now or formerly owned by Perkins;thence with Perkins in an easterly direction a distance of 65 feet,to a comer to Perkins; thence with Perkins in a southerly direction,a distance of 670 feet,to a comer to Perkins on the north side of said road,thence with said road in a westerly direction a distance of 65 feet,to the point of beginning_" Parcel Two: All of that certain tract or parcel of land containing three (3) acres, more or less, lying and being situate along the northern side of Virginia State Highway No.277,also known as the White Post Road,about 2sh miles east of Stephens City, In Opequon District, Frederick County, Virginia,fronting o: said highway a distance of 198 feet and extending back l hftps://risweb.vacourts.gov/jsra/sra/#/search/recordSearch 3/7 230009192 Prepared By:Thomas James Ross II,Esquire VSB#22360 TAX MAP PIN NO: 86 A 174&86 A 175&86 A 176 CONSIDERATION:$550,000.00 ASSESSED VALUE:$231,600.00 Title Insurance Underwriter: Old Republic National Title Insurance Company GRANTEE ADDRESS: �;1� S�Valley��riv�, THIS DEED made and entered into this day of October, 2023, by and LUTHER ANDERSON, widower, Grantor; and GAGANDEEP KAUR, married, and MANDIP KAUR, married, as tenants in common, each as to an undivided 50%interest, Grantees; WITNESSETH that for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors,'do hereby GRANT and CONVEY with GENERAL WARRANTY unto the Grantees, as tenants in common, each as to an undivided 50% interest, the following described real property located in Frederick County, Virginia,to-wit: Parcel One: All of that certain lot or parcel of land containing one (1) acre, more or less, with a tax map number of 86 A 176, lying along the northern side of Virginia State Highway No. 277 about three miles east of Stephens City in Opequon District, Frederick County, Virginia, as described on the plat entitled "Existing Conditions Exhibit, Singh Trans. Inc., Frederick County, VA," attached hereto as Exhibit B, and more particularly described as follows: Beginning at a corner to the lot now or formerly owned by George E. Scheulen, on the northern side of said road, and running in a north-easterly direction a distance of 659.23 feet; thence in a north-easterly direction a distance of 65 feet; thence in a south-westerly direction, a distance of 659.23 feet, to a corner on the north side of said road; thence with said road in a south-westerly direction a distance of 65 feet, to the point of beginning."" l Parcel Two: All of that certain tract or parcel of land containing one and one-half(1.5) acres, more or less, with a tax map number of 86 A 175, lying and being situate along the northern side of Virginia State Highway No. 277, about 2-1/2 miles east of Stephens City, in Opequon District, Frederick County, Virginia, as described on the plat entitled "Existing Conditions Exhibit, Singh Trans. Inc., Frederick County, VA," attached hereto as Exhibit B, and more particularly described as follows: Beginning at a corner to the said Parcel One, on the northern side of said road, and running in a north-easterly direction a distance of 659.23 feet; thence in a north-easterly direction a distance of 198.00 feet; thence in a south-westerly direction, a distance of 659.23 feet,to a corner on the north side of said road; thence with said road in a south-westerly direction a distance of 198.00 feet,to the point of beginning. Parcel Three: All of that certain lot or parcel of land containing Five and Thirteen One- Hundredths (5.13) acres, more or less, with a tax map number of 86 A 174, lying along the northern side of Virginia State Highway No. 277 about three miles east of Stephens City in Opequon District, Frederick County, Virginia, as described on the plat entitled "Existing Conditions Exhibit, Singh Trans. Inc., Frederick County, VA," attached hereto as Exhibit B, and more particularly described as follows: Beginning at a corner to the said Parcel Two, on the northern side of said road, and running in a north-easterly direction a distance of 659.23 feet; thence in a north-easterly direction a distance of 345.00 feet to a comer of the lot now or formerly owned by Pepper Lane-Land Acquisition Co. Inc.; thence in a south-westerly direction, a distance of 659.23 feet, to a corner on the north side of said road; thence with said road in a south-westerly direction a distance of 345.00 feet, to the point of beginning. AND BEING a portion of the property conveyed to Luther Anderson and Frances Anderson by deed from Richard R. Rosenberry and Dawn Rosenberry dated January 26, 1994 and recorded in Deed Book 519, Page 511, re-recorded in Deed Book 813, Page 1307 among the aforesaid land records. The said Frances Anderson departed this life on August 21, 2023, thereby vesting fee simple title in Luther Anderson, surviving joint tenant. This conveyance is subject expressly to easements,restrictions, and rights- of-way of record. TO HAVE AND TO HOLD the said land and premises together with all rights, ways, appurtenances and easements thereto belonging, or in anywise appertaining unto the said Grantees and their successors, in fee simple, forever. The Grantor covenants that he has the right to convey said land, that the Grantees will have quiet possession of the same, free from all encumbrances, and that he, the Grantor, will execute such further assurances as may be deemed requisite, and that he has done no act to encumber the said land. WITNESS the following signatures and seals: (SEAL) Luther AndeAo'n COMMONWEALTH OF VIRGESUA COUNTY OFi �I; v�`J,to-wit: The foregoing instrument was acknowledged before me this 1 day of October, 2023,by and Luther Anderson. (Notary rubric My Commission Expires: �`° Registration No.: • 2 2, `.`,`Pp:• eoiy'�� IV OTARY' RE succo r : EXp R ISSJOry 02y rff FA<rH OF.����� INSTRUMENT 230009192 RECORDED IN THE CLERK'S OFFICE OF FREDERICK CIRCUIT COURT ON OCTOBER 16, 2023 AT 02:51 PM $550.00 GRANTOR TAX WAS PAID AS REQUIRED BY SEC 58.1-802 OF THE VA. CODE STATE: $275.00 LOCAL: $275.00 REBECCA P. HOGAN, CLERK RECORDED BY: MLS Online Tax Payment - - • 'F COUNTY of FREDERICK R.Wayne Corbett,MGDT Office of Treasurer Deputy Treasurer P.O BOX 225 Angela Fritts Whitacre Winchester, Virginia 22604-0225 MGDT Deputy Treasurer Operations 540/665-5607 C.William Orndoff,Jr.,MGT Fax 540/662-5838 County Treasurer www.fredtax.com Below is the receipt for your Electronic Payment you made today, Please save this for your records: Payment Date: Payment Date - 1/6/2024 3:23:32 PM Total Taxes Paid: $273.20 Payment Type: Electronic Check Convenience Fee: $0.00 Transaction Number: 79248 Electronic Check Total: $273.20 Please Allow 24 Business Hours for payment to be processed. Principal Penalty Interest Total Principal Dept Ticket# Description Paid Paid Paid Paid Balance RE2023 9330002 KAUR GAGANDEEP $244.29 $24.43 $4.48 $273.20 $0.00 5.10 ACRES Online Tax Payment - - • 'F COUNTY of FREDERICK R.Wayne Corbett,MGDT Office of Treasurer Deputy Treasurer P.O BOX 225 Angela Fritts Whitacre Winchester, Virginia 22604-0225 MGDT Deputy Treasurer Operations 540/665-5607 C.William Orndoff,Jr.,MGT Fax 540/662-5838 County Treasurer www.fredtax.com Below is the receipt for your Electronic Payment you made today, Please save this for your records: Payment Date: Payment Date - 1/6/2024 3:28:18 PM Total Taxes Paid: $201.90 Payment Type: Electronic Check Convenience Fee: $0.00 Transaction Number: 79249 Electronic Check Total: $201.90 Please Allow 24 Business Hours for payment to be processed. Principal Penalty Interest Total Principal Dept Ticket# Description Paid Paid Paid Paid Balance RE2023 9340002 KAUR GAGANDEEP $180.54 $18.05 $3.31 $201.90 $0.00 1.50 ACRES Online Tax Payment - - • 'F COUNTY of FREDERICK R.Wayne Corbett,MGDT Office of Treasurer Deputy Treasurer P.O BOX 225 Angela Fritts Whitacre Winchester, Virginia 22604-0225 MGDT Deputy Treasurer Operations 540/665-5607 C.William Orndoff,Jr.,MGT Fax 540/662-5838 County Treasurer www.fredtax.com Below is the receipt for your Electronic Payment you made today, Please save this for your records: Payment Date: Payment Date - 1/6/2024 3:30:30 PM Total Taxes Paid: $185.37 Payment Type: Electronic Check Convenience Fee: $0.00 Transaction Number: 79251 Electronic Check Total: $185.37 Please Allow 24 Business Hours for payment to be processed. Principal Penalty Interest Total Principal Dept Ticket# Description Paid Paid Paid Paid Balance RE2023 9350002 KAUR GAGANDEEP $165.75 $16.58 $3.04 $185.37 $0.00 1.00 ACRE