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048-25 (RezEastgateCommerceCenter)
ORDINANCE 400 Action: PLANNING COMMISSION: November 5, 2025 Recommended Approval BOARD OF SUPERVISORS: November 12,2025 Adopted AMENDING THE ZONING DISTRICT MAP REZONING#08-25 EASTGATE COMMERCE CENTER (DRB GROUP MID-ATLANTIC LLC.) WHEREAS,REZONING#08-25 for Eastgate Commerce Center(DRB Group Mid-Atlantic LLC)submitted to amend the approved proffers associated with REZ 4002-97 —Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five(5)to six(6)and removing the proffer requiring a thirty-foot (30') wide road efficiency buffer along Tasker Road and including right-of-way (ROW) dedication along the subject property frontage for the future condition of Tasker Road. All other previously approved proffers would remain in effect(unchanged).The property is located at 2850 Front Royal Pike,Stephens City,Virginia and immediately northwest of the intersection of Tasker Road (Route 642) and Route 522 (Front Royal Pike) and is identified by Property Identification Number(PIN)76-A-53 in the Shawnee Magisterial District;and WHEREAS, the Frederick County Planning Commission discussed this rezoning on November 5, 2025, and recommended approval;and WHEREAS, the Frederick County Board of Supervisors discussed this Rezoning during their regular meeting on November 12,2025;and WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of public health,safety,and welfare. NOW,THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to modify the approved proffer statement associated with rezoning(REZ) application#002-97 (Eastergate Commerce Center). 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 12th day of November 2025 passed by the following recorded vote: John Jewell,Chairman Aye Jason Aikens (Remote Response Inaudible) Back Creek Seat Vacant Robert W.Wells Aye Blaine P.Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L.Bollhoe Frederick County dministrator No. 048-25 14-00-1611 REZONING#08-25 Eastgate Commerce Center (DRB Group Mid- Atlantic LLC) Staff Report for the Planning Commission Prepared: November 6,2025 Staff Contact: M. Tyler Klein,AICP, Senior Planner Executive Summary: Meeting Schedule Planning Commission: November 5, 2025 Action: Recommended Approval Board of Supervisors: November 12, 2025 Action: Pending Action Item Property Information Property Identification Number PIN 76-A-53 Address 2850 Front Royal Pike, Stephens City Magisterial District Shawnee Acreage +/- 30.40 Zoning & Present Land Use Zoning: B2 (General Business) Land Use: Vacant Proposed Zoning B2 with modified proffers Adjoining Property Zoning & Present Land Use North: RA Rural Area Land Use: Residential &Vacant South: M1 (Light Industrial Land Use: Vacant East: RA Rural Area Land Use: Residential West: B2 General Business Land Use: Vacant Proposed Use This is a request for a minor proffer amendment to amend proffers associated with REZ 9002- 97—Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five (5)to six (6) and removing the proffer requiring a thirty foot(30')wide road efficiency buffer along Tasker Road. Positives Concerns The proposed rezoning (minor proffer amendment) does not amend the zoning district(B2) or permitted uses enabled under REZ 9002-97. Road efficiency buffers are not typically required for commercial development, and the Page 2 of 5 uses across Tasker Road are commercial and industrial, and would otherwise not require a buffer. The revised proffer(11/6/25) statement and GDP(11/6/25) includes right-of-way (ROW) dedication for future widening of Tasker Road. Review A2ency Comments: Review Agency Comment Comment Summary Status Date Virginia 01/28/2025 "VDOT has reviewed the rezoning Fully addressed Department of application for the Wright's Run through revised Transportation project which is an amendment to the proffer statement (VDOT) 9002-97 rezoning. The Frederick dated 11/6/25. County Comprehensive Plan identifies Tasker Road as a future divided four-lane roadway (U413). The existing right-of-way for Tasker Road along the subject property is 80' which is insufficient to accommodate a typical U41) section which requires approximately 105' of right-of- way. The elimination of the efficiency buffer may make the ultimate widening of Tasker Road difficult. Further,the additional entrance proposed on Tasker Road appears to meet spacing standards and would be acceptable as a right-in/right-out entrance so long as it's not located within the functional area of the adjacent intersection (subject to review of final site plan)." Frederick Water 01/20/2025 "The requested proffer amendment to eliminate a 30-ft Road Efficiency Buffer and its evergreen tree plantings along Tasker Road is logical as the trees should not be placed atop the existing gas, water, sewer, and draina a easements. These existing Page 3 of 5 utility and drainage easements parallel Tasker Road and conflict with the existing planting requirements of the Road Efficiency Buffer proffer, Frederick Water supports the elimination of the proffered evergreen landscape features.Any entrances established should respect the existing easements and provide for appropriate casings/reinforcements to protect the utilities while crossing with new entrance roads." Frederick County 12/20/2024 "We offer no comment at this time." Public Works Frederick County 12/13/2024 "Future development shall comply Fire Marshal with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety." Frederick County 01/23/2025 Legal form. Comments Attorney addressed. Planning & Zoning Staff Analysis: Site History: The previous rezoning application (REZ #002-97) was approved by the Board of Supervisors on August 13, 1997, and rezoned the subject property and a larger area (known as "Eastgate Commerce Center") from RA (Rural Areas), B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial)zoned land to B2,B3, and M1 zoned land with proffers. Since then, this area of the County has developed with a shopping center, convenience uses, and industrial uses. The remaining 30.40-acres of B2 on the north side of Tasker Road (i.e. the subject property), remains undeveloped. Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED, 2024) provide guidance on the future development of the subject property. The Plan identifies the subject property within the "Route 277 Triangle—Centers of Economy" and having an "business" land use designation. The property is located in the Sewer and Water Service Area (SWSA) and outside the Urban Development Area(UDA). Page 4 of 5 "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 of industrial and commercial opportunity and provide for areas that are well designated with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. Residential land uses are not envisioned in this area." The proposed minor proffer amendment and existing zoning(132) is otherwise in conformance with the Plan future land use policies. Transportation & Site Access: REZ 4002-97 limited street intersection to Tasker Road to five (5) streets that would create three (3) intersections with Tasker Road. The proposed rezoning seeks to enable an additional connection, enablingsix ix(6) streets and four(4) intersections with Tasker Road. Tasker Road is identified in the Comprehensive Plan as an"improved major collector." Currently, Tasker Road right-of-way (ROW) is 80-feet (FT)-wide. To meet the envisioned "improved major collector"roadway, 105-FT of ROW would be required. The revised proffer statement(11/6/2025) includes ROW reservation along the property frontage to accommodate future widening. Proffer Statement, Generalized Development Plan (GDP), & Impact Anal Proffers Staff Comment (Revision Date 11/06/2025) Entrance Connections No comment. Thirty Foot (30') Wide Road Efficiency ROW dedication specifically proffered to Buffer allow for future widening of Tasker Road. Page 5 of 5 Below is the Generalized Development Plan (GDP)revised November 6, 2025 which depicts the proposed (revised) connections to Tasker Road and ROW reservation for future widening. N V10- n�L' 'A ------------------ GENERALIZED DEVELOPMENT PLAN-RIGHT OF WAY DEDICATION EASTGATE COMMERCE CENTER Gordon Planning Commission Summary from their 11/05/25 Regular Meetins! The Planning Commission discussed this item at their regular meeting on November 5 th and stated a continued need to be able to accommodate future widening of Tasker Road along the subject property frontage. As noted, that need for future widening was otherwise accommodated through the proffered road efficiency buffer which was now to-be-removed from the proffers. The applicant stated their willingness to amend the proffer statement to provide the ROW dedication prior to Board of Supervisors action. The Planning Commission unanimously recommended approval of the rezoning for a minor proffer amendment with the ROW dedication included(Commissioner Markert—absent). This is a minor Proffer amendment not requiring a public hearin'-. Following a public meeting, staff is seeking a decision by the Board of Supervisors on this rezoning application. REZ # 08 - 25: Eastgate Commerce Center PIN: 76 - A - 53 Minor Proffer Amendment Location Map �W E »."ti. a �a 5•i ;'� `"��e � � FRIES �` �4•y'�E�" �k v�'-'�t`•i # �N' � Fp X� �� �'�" °��� LOOP RD � r e e' s,v , pwbL •e I y s, r G,: Y r, t x E TA Gf- REZ#08-25 e e •o • 11[N .• _ EASTGATE COMMERCE CENTER • Subdivision ROYAL TA R RD ARMEL RD f�3i� r # 1� r ` A�/i�y� r ruceoorry 522 r ` �^i�; ,�4i �� a@�� ,i �°•' ! . -1jP !• .BALLSo= y o A ,.i v j, ,,� 'V / � �•, ��/���: W �Q9�/ �o Ao� �9804fBPkAcE Cr w A e O r F v F � G Zi x-- - Application N r Parcels 1 Sewer and Water Service Area 7 \ N E J S r r r Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 250 500 1,000 Feet Map Created:October 15,2025 REZ # 08 - 25: Eastgate Commerce Center PIN: 76 - A - 53 Minor Proffer Amendment Zoning Map 1124 „ FRIES LOOP RD44 MEW l w � of O ji q e l"`7 O ° REZ k � G7� EASTGATE.- f Comm CENTER Subdivision TASKER RD P F. `. MAcEDON1ACNRc"RD �- �q\\\ 522 ARM EL RD gyp BLUFF OQ T O �r0 WAY Hk A ULd1AArV,••16:/ �q�0 ��/ f o Aoy��9r OM�P`ACE cT Application �, Qs o Armel e� Parcels Q �? Sewer and Water Service Area o . w Q wft NON77 B2(General Business District) r 4 B3(Industrial Transition District) r >v M1 (Light Industrial District) 1 RP(Residential Performance District) J S r r r Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 250 500 1,000 Feet Map Created:October 15,2025 REZ # 08 - 25: Eastgate Commerce Center PIN: 76 - A - 53 Minor Proffer Amendment Long Range Land Use Map Y•+Y.��+Y."` +Y.�Y•+Y.��+Y."` Y.��+Y."`�+Y."`y'+Y."`�+v. +v."`y'+Y."`�+Y."`�+Y."`y'+Y."`a'+Y. ..y.+Y."` FRIES Y1:16n:7YWl7•.. � II Osr , # LJ T g2] e e 1 1-0 VIM 70 ow -o � R � �MS,�oNrG o REZ M Mo O EASTGATE �, f COMMERCE CENTER '40WSu6division ° Ire..�� TASKER RD �J ,911111111 �P � ... O� �G Elm A 225 ate\ GHURGH RD 2 "pdAGEDOHIA �. 22 ARMELRD WHITE O O O �� BALLS r� Qow W:� A BLUFF OQ �= T,y 4 O Application TO wAy s�F o ao Parcels �-y� -�/,9 80 -P Sewer and Water Service Area Q^ WCJ �i �0 �ACEcr Long Range Land Use �DiP � GF�y pa e ® Neighborhood Village Qs o Armel e� Business 0 a ® Mixed Use Industrial/Office .['2• Q Wft NCH r �o`y' Industrial Rural Community Center N 0 , Residential,4 u/a 1 QEnvironmental&Recreational Resources 7 \ w E J S r r r �""1, -� Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 250 500 1,000 Feet Map Created:October 15,2025 PROFFER STATEMENT AMENDMENT REZONING #002-97 DATE: 06 November 2025 REZONING: REZ# 08-25 PROPERTY: Tax Parcel 76-A-53; 30.40 Acres+/-Acres(hereafter the"Property") MAGISTERIAL DISTRICT: Shawnee RECORD OWNER: DRB Group Mid-Atlantic LLC, c/o Matthew Powell APPLICANT: DRB Group Mid-Atlantic LLC PROJECT NAME: Eastgate Commerce Center ORIGINAL DATE OF PROFFERS: 13 August 1997 The original Proffer#002-97,section"Request to Amend Original Proffers", Item#1, limited entrance connections to Route 642/Tasker Road as follows: Street intersection connections to Tasker Road will be limited to five streets that create three intersections with Tasker Road.These streets are shown on the attached Master Development Plan and labeled as Eastgate Drive, Rams Head Road, Armel Circle, Bearcat Circle, and Wrights Run Road. The amended Proffer shall remove the second sentence and revise the first sentence as hereby set forth: Street connections to Tasker Road will be limited to six streets, including existing Rainville Road and Marcel Drive, that create four intersections with Tasker Road. The original Proffer#002-97, section "General Development Plan", Item #1, thirty foot (30') wide road efficiency buffer as follows: A thirty foot(30') wide road efficiency buffer along both sides of Tasker Road landscaped with a double row of evergreen plants four feet (4') minimum in height will be installed by the undersigned. The road efficiency buffer may be used for right-of-way expansion of Tasker Road. The Proffer shall be removed and replaced as hereby set forth: Page 1 of 2 Prior to the approval of the first site plan proposing a use on the property identified as Tax Map#76-A- 53, the Owner shall provide a right-of-way dedication for the half-section (52.5ft from the centerline) of the ultimate 105-ft right-of-way along the entirety of the subject property fronting Tasker Road Route 642. All other previously approved Proffers with Rezoning #002-97 remain in effect. Other than with respect to designating entrance connections to Route 642/Tasker Road and the thirty foot (30') wide road efficiency buffer along Route 642/Tasker Road, neither this proffer statement amendment nor its attached exhibit in anyway otherwise modifies any GDP or MDP previously approved for the property. Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns, and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted WITNESS/ATTEST: OWNER: DRB Group Mid-Atlantic LLC Signature: Signature: Print Name: Name: Matthew Powell Title: Title: Division President Date: Date: Page 2 of 2 LINE TABLE CURVE TABLE NOTES:BESITING El— TnrvGls sxowxan.wsHM RUE MC I£NGLH M ORC BFMING FORGRAP�HICC PURPOSES ONY / \ 2 W LEGEND: RGETE. -SE —— PERRFUTU�ELT�KATE,aG RIGHT GPwnr w s or°eu•w / VICINITY MAP SYNERGYNwiana,e"�uc TINsroN®ommss / E11.NmmDGxnEGissuEMD RA RkFRo \\r s Z44 OG GLAI N.mus \ N NED RA SHERVIN E.1ENNRFE1MG DDRn Gsez,PcE. �Ex Pono s uNITSOFRPPLMaTpx-11 ,a Pnaarvc sErancrc NNG:01AFRZIG .N MENTIN T _SE ENT aTsePE -E.G. DING Tixs IGso-GERI uc °x°aiTr Q .E Ex.sEGPE HNDDHaiNSTR«o3 1 .s� /`/�...,..... ADNE NO ,-A.—, A EG'°�, / / MEVTINs;H z4°�osz Z NE I` P°oiMienENoTEi RE'REARKING H � N� \ Ers PaEGEONNT 11 wERrr�,az",a°asos1 U w, 11 rHREz.woz.s�lrDaj° BINGRERR Gs�Rm,s, � sM2R IIEEISIK � ` e �E\\ w .GE EASES. m.mRREGERIcrc E ISENjxT w RANKING Ez.EM s G— j EMENTMGGRniNnGE ° swa PG s \ Ixsmpoaoo°n«N a sTR.rosaosna au enm MFpNOLE .ry ,norwcs.,eT�'°'s �— Ins.msuo o1ouv,e /l E.^.sEtiwx�r'spa aw omn \ _ _ sIGN °B. /// mNm RZ EnsTER s f wA // // w RGN MBE R.° n« NAR ND ----�� GEwaeawsue_ — .v. �P. .,�.,..,.,.,...N. — �'°°", 0.a rm•ER,DwzR�an --- — -- ---- —, —' ---r— — ------- --- ————— ------------ \ 1. Gs ER zcxm G° EX.TASKER ROAD-ROUTE 642 R«o_i4 — sGRs \ no.Tsnm 1 I Tsnss 1 orvm e III RUI I—IS o E NrosmsPsao I o zo a¢I \ �� a Izwl RAD yc GO GOI ly> mT`� GENERALIZED DEVELOPMENT PLAN - RIGHT OF WAY DEDICATION EASTGATE COMMERCE CENTER 11.06.2025 1. SO o IRS 4501 Daly Dme PRGGwAN114INGM NNI ChxGtilly,VA 20151 CAR ENGINEERING °� Gordon E%HIBIT¥3629-0302-0003 G-RCkLSGar:.,••1ar Phone:]03-263-1900 5� SHEET 1 ENE I www.goMOR,.1.com 5 EASTGATE COMMERCE CENTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPLICANT/ CONTACT: DRB Group Mid-Atlantic LLC C/O Mr. Matthew Powell 10313 Arnett Drive Suite 101 Hagerstown, MD 21740 EMAIL: mpowell@drbgroup.com OWNER: DRB Group Mid-Atlantic LLC 08/26/2025 PREPARED BY: i�-z, G o rd o n CONTACT: CURTIS MASON 4501 DALY DRIVE CHANTI LLY, VA 20151 703-262-1900 WRIGHTS RUN INTRODUCTION The purpose of this report is to assess the impact on Fredrick County by the minor proffer amendment of a 30.40 acre property identified as Tax Map Parcel 76-A-53. The subject property is located on the north side of Tasker Road (Route 642) and the west side of Front Royal Pike (Route 522). The 30.40 acre property is zoned B2, General Business District. This application proposes to amend proffers associated with Rezoning Application #002-97 — Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five to six, and removing the proffer requiring a thirty foot (30') wide road efficiency buffer along Tasker Road. These amendments are to improve the efficiency of future traffic and effectiveness of future commercial development. Successful entitlement will allow the property to be marketed/developed with any of the allowed and conditional uses as permitted by the respective zoning districts. Those types of uses support the business development focus and goals of the Comprehensive Plan and benefit the community through economic development opportunities. BASE INFORMATION LOCATION: THE NORTH SIDE OF TASKER ROAD (ROUTE 642) AND THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522). MAGISTERIAL DISTRICT: SHAWNEE DISTRICT PROPERTY ID #: 76-A-53 CURRENT ZONING: B2 (GENERAL BUSINESS DISTRICT) CURRENT USE: VACANT TOTAL PARCEL AREA: 30.40 AC 2 COMPREHENSIVE PLAN The Eastgate Commerce Center proffer modification application lies in the Eastern Frederick Urban Area Plan, per the 2035 Comprehensive Plan. Previous approvals for the property have designated the project's intended use to be General Business. The property is within the Sewer and Water Service Area (SWSA). This proposal supports the intended business development goals envisioned by the County for this area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan and provide more complimentary uses adjacent to Tasker Road and Front Royal Pike, helping support the establishment of commercial land uses on the property. SUITABILITY OF THE SITE The subject parcel has environmental features, such as wetland and steep slopes. With meticulous site planning and engineering, land disturbance will be limited and in accordance with applicable regulatory standards. Wetlands The National Wetlands Inventory Map has identified two wetland features on the property. Any disturbance to these features will be limited and in accordance with applicable regulatory standards. A more detailed environmental investigation will be completed prior to site plan approval and start of construction. Any wetland impacts required with the site plan will be processed to comply with all County, State, and Federal regulations. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database, the property contains four soil types. The following soil types are: • W Water • U Clearbrook Channery Silt Loams 2-7% slope • 1 Weikert-Berks Channery Silt Loams 2-7% slope • 1 Weikert-Berks Channery Silt Loams 7-15% slope Provided that proper drainage and grading are maintained during and after construction, the existing soils onsite are suitable for site construction. Any implications for site development due to existing soil characteristics can be managed through proper site engineering and construction techniques. Steep slopes (areas of 35%slope or greater) exist along the frontage of Tasker Road. 3 These slopes are man-made and associated with the construction of Tasker Road, and may be disturbed, as necessary, to implement the project grading and stormwater management systems. Surrounding Properties NORTH • Existing residential uses and vacant • Zoned: RA (Rural Area District) and B2 (General Business District) SOUTH • Tasker Road (Route 642) and existing commercial uses • Zoned: B2 (General Business District) EAST • Front Royal Pike (Route 552) and existing residential uses • Zoned: RA (Rural Area District) WEST • Tasker Road (Route 642) and existing light industrial uses • Zoned: M1 (Light Industrial District) TRANSPORTATION The Eastgate Commerce Center project will be served by a safe and efficient transportation network designed and constructed to accommodate both automobile and truck traffic. External to the property,the road system consists of Front Royal Pike (Route 522) and Tasker Road (Route 642). Front Royal Pike is a four-lane minor arterial roadway and Tasker Road is a two-lane major collector road. Using the current updated land use plan and through extensive VDOT coordination, a traffic impact study (TIS) is currently being prepared for this application. SEWAGE CONVEYANCE & WATER SUPPLY Frederick Water will provide sanitary sewer service via an existing 8" sewer line that connects to the Eastgate Pump Station along the frontage of Tasker Road. Pursuant to Frederick Water requirements, this infrastructure will be expanded to serve the entire subject property and enable gravity flow to the existing main (where possible). Water is currently served by an existing 12" water main located near the Eastgate Pump Station, which will also be expanded to serve the entire subject property, pursuant to Frederick Water requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the subject property. Actual water and sewerage flows will be determined and provided at the time of final site engineering. 4 SITE DRAINAGE Existing drainage patterns on the subject property will not be significantly altered as a result of this proffer modification. Stormwater BMP's and dry ponds will be employed to meet local, state, and federal stormwater development requirements. Adverse stormwater discharge impacts will be mitigated through stormwater design and erosion control practices. Design of temporary and permanent facilities will be provided with final engineering and will comply with all County, State, and Federal regulations. SOLID WASTE DISPOSAL The amount of solid waste disposed from the subject property will not be increased because of this proffer modification; therefore, it will not negatively affect the County's disposal facilities. Private carriers will be contracted by the individual users to collect and deposit solid waste from the project into the Frederick County landfill. HISTORICAL SITES AND STRUCTURES The Eastern Frederick Land Use Plan does not identify any known historic sites or structures on the subject property. The proposed proffer modification will not create any negative impacts to any historical resources. Additionally, prior to approval of the first site plan associated with the subject property, a Phase 1 Archaeological Investigation will be conducted. 5 To be completed by Planning Staff. Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING& DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: DRB GROUP MID-ATLANTIC LLC Specific Contact Person if Other than Above: MATTHEW POWELL Address: 10313 ARNETT DRIVE SUITE 101 HAGERSTOWN, MD 21740 Telephone: 240-420-6046 Email: -MPOWELL@DRBGROUP.COM 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: 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: GORDON Specific Contact Person at Finn: CURTIS MASON Address: 4501 DALY DRIVE CHANITLLY, VA 20151 Telephone: 703-263-1900 Email: CMASON@GORDON.US.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. 15 4. Project Name(if any): EASTGATE COMMERCE CENTER 5. Property Information: a. Property Identification Number(s): 76-A-53 b. Total acreage of the parcel(s): 30.40 c. Total acreage of parcel(s)to be rezoned(if other than whole parcel(s) is being rezoned): 30.40 d. Current zoning designation(s) and acreage(s) in each designation: B2 e. Proposed zoning designation(s) and acreage(s) in each designation: B2 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): PROPERTY ADDRESS IS 2850 FRONT ROYAL PIKE, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF FRONT ROYAL PIKE/ROUTE 522 AND TASKER ROAD/ROUTE 642 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. 16 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. DRB GROUP MID-ATLANTIC LLC; MATTHEW POWELL Please attach additional page(s)if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement ❑✓ Proffer Statement(if any) ❑✓ Agency Comments ❑✓ Fee Copies of Deed(s)to Property(ics) ✓❑ Tax Payment Verification Digital copies (pelf's) of all submitted items 17 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 -noAjedge. Owner: Date /p/r/0's-0 M If signing on behal to name of entity and your title: DRB GROUP MID-ATLANTIC LLC; DIVISION PRESIDENT Owner: Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity,please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 18 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 DRB GROUP MID-ATLANTIC 2099 GAITHER RD STE 600 Property#76-A-48A ROCKVILLE, MD 20850 NameSTROSNIDER DONALD LESLIE 173 ARMEL RD Property#76-A-51 C WINCHESTER, VA 22602 Name SYNERGY REALITY INVESTMENTS LLC 2750 FRONT ROYAL PIKE Property#76-A-51 B WINCHESTER, VA 22602 Name BROWN LAURA JENNIFER&BROWN DOUGLAS M 2776 FRONT ROYAL PIKE Property#76-A-52 WINCHESTER, VA 22602 Name FREDERICK COUNTY SANITATION AUTHORITY PO BOX 1877 Property#76-A-530 WINCHESTER, VA 22604 NameWAL-MART STORES EAST LP PO BOX 8050 MS 0555 Property#76-A-531 BENTONVILLE, AR 72716 Name BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK VA 107 N KENT STREET Property#76-A-53N WINCHESTER, VA 22601 Name SHEN VALLEY LLC 1346 PLEASANTS DR STE 6 Property#76-A-53H ROCKINGHAM, VA 22801 NameWRIGHTS RUN LP 207 IRONWOOD COURT Property#76-A-53A SALEM, SC 29676 19 Name and Property Identification Number Address Name HERITAGE PLACE LC 141 MARCEL DR Property#76-A-53D WINCHESTER, VA 22602 Name BURLESON JOHN E&BURLESON DENISE D 2805 FRONT ROYAL PIKE Property#76-A-60B WINCHESTER, VA 22602 Na1neAMANKRAH EMMANUEL 110 GLASGOW COURT Property#76-A-54 STEPHENS CITY, VA 22655 Name MADA LC 1135 SULPHUR SPRINGS RD Property#76-A-55 MIDDLETOWN, VA 22645 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 20 Chris Giangi To: Curtis Mason Subject: RE: Wright's Run Rezoning (Proffer Amendment) From:Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Sent:Tuesday,January 28, 2025 12:03 PM To: Spielman,Joseph (VDOT) <Joseph.Spiel man @vdot.virginia.gov>;Curtis Mason <cmason@gordon.us.com>;Amy Feltner<alight@fcva.us> Cc:Tyler Klein (tklein@fcva.us) <tklein@fcva.us> Subject: Wright's Run Rezoning (Proffer Amendment) Amy, VDOT has reviewed the rezoning application for the Wright's Run project which is an amendment to the #002-97 rezoning. The Frederick County Comprehensive Plan identifies Tasker Road as a future divided four-lane roadway (U41D). The existing right-of-way for Tasker Road along the subject property is 80' which is insufficient to accommodate a typical U41D section which requires approximately 105' of right- of-way. The elimination of the efficiency buffer may make the ultimate widening of Tasker Road difficult. Further, the additional entrance proposed on Tasker Road appears to meet spacing standards and would be acceptable as a right-in/right-out entrance so long as it's not located within the functional area of the adjacent intersection (subject to review of final site plan). Joseph W. Johnson, PE Area Land Use Engineer/Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike/ Edinburg, VA 22824 Phone#540.534.3223 iosephw.iohnsona-vdot.virginia.gov From: Spielman,Joseph (VDOT) <Joseph.Spiel man @vdot.virginia.gov> Sent:Tuesday,January 21, 2025 3:20 PM To:Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Subject: Fw: Wrights Run Rezoning/Tasker Woods- Residential Layout 1 r Rezoning Comments w Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: CURTIS MASON Telephone: 703-263-1900 Mailing Address: 4501 DALY DRIVE SUITE 200 CHANTILLY,VA 20151 CMASON@GORDON.US.COM Location of property: 02850 FRONT ROYAL PIKE WINCHESTER,VA 22602 NORTHWEST OF ROUTE 522/642 INTERSECTION Current zoning: B2 Zoning requested: B2 Acreage: 30.40 Frederick Water Comments: The requested proffer amendment to eliminate a 30-ft Road Efficiency Buffer and its evergreen tree plantings along Tasker Road is logical as the trees should not be placed atop the existing gas, water, sewer, and drainage easements. These existing utility and drainage easements parallel Tasker Road and conflict with the existing planting requirements of the Road Efficiency Buffer proffer, Frederick Water supports the elimination of the proffered evergreen landscape features. Any entrances established should respect the existing easements and provide for appropriate casings/reinforcements to protect the utilities while crossing with new entrance roads. Frederick Water Signature & Date: 1/20/2025 Notice to Frederick Water - P im Chis Form to the Applicant 26 Rezoning Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 200 (540) 665-5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,and any other 13ertinent information. Applicant's Name: CURTIS MASON Telephone: 703-263-1900 Mailing Address: 4501 DALY DRIVE SUITE 200 NORTHWEST OF ROUTE 522/642 INTERSECTION CMASO N@GO R D O N.US.COM Location Of property: 02850 FRONT ROYAL PIKE WINCHESTER,VA22602 NORTHWEST OF ROUTE 522/642 INTERSECTION Current zoning: B2 Zoning requested: B2 Acreage: 30.40 Department of Public Works Comments: Public Works Signature&Date: - Z" ZO "�Z 7 Notice to Dept. of Public Works-Please Return This Form to the Applicant 25 �, Cn0TM DEC 12 2024 Rezoning Comments By 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: CURTIS MASON Telephone: 703-263-1900 Mailing Address: 4501 DALY DRIVE SUITE 200 CHANTILLY,VA 20151 CMASONpa GORDON.US.COM Location of property: 02850 FRONT ROYAL PIKE WINCHESTER,VA 22602 NORTHWEST OF ROUTE 52PJ642 INTERSECTION Current zoning: B2 Zoning requested: B2 Acreage: 30.40 Fire Marshal's Comments: Fire Marshal's Signature& Date: Notice to Fire Marshal-Please Return This Form to the Applicant 26 Frederick County Fire and Rescue Department Office of the Fire Marshal c+t 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name Wrights Run 2850 Front Royal Pike Winchester, Virginia 22602 Engineering Firm : Printed Date: 12/13/2024 Gordon General Information Received Date: 12/12/2024 Occupancy Type: Review Begin Date: 12/13/2024 Property Use: Review End Date: 12/13/2024 Activity Number: 11210102 Hours: 1.0000 Review Cause: Application Comments: All future development shall comply with the Frederick County Fire Prevention Code for the purposes of fire department access,water supply,and any other applicable life safety codes. wiilm Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 COUNTY OF FREDERICK f Austin Cano Acting County Attorney 540/722-8383 aaa E-mail Austin.cano@fcva.us January 23, 2025 VIA E-MAIL Mr. Curtis Mason 4501 Daly Drive Suite 200 Chantilly, Virginia 20151 Re: Amended Proffer Statement—Wrights Run LP Tax Parcel Number 76-A-53 (the "Property") Dear David: You have submitted to Frederick County for review a proposed proffer statement amendment(the "Proffer Statement") for the existing Property, 30.40 acres in the Shawnee Magisterial District, in the B2 (General Business) Zoning District,with proffers. I have now reviewed the Amended Proffer Statement and it is my opinion that the Amended Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and legally sufficient as a proffer statement, without any additional comments 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, 1W= Austin K. Cano Acting County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) Printed On 01/042013 By C&I TITLE SERVICES INC tJ 090007744 a) ry J. DEED OF SUBDIVISION AND EASEMENT THIS DEED OF SUBDIVISION AND EASEMENT made and dated as of the day of July, 2009, by WRIGHT'S RUN L.P., a Virginia limited partnership (hereinafter referred to as"Owner")to and for the benefit of,and with the consent of,THE COUNTY OF FREDERIC&VIRGINIA,a body politic,together with its successors and assigns(hereinafter referred to as the"Couuty�'%the FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation org 1►zed and existing under the provisions of the Virginia Water and Sewer Authorities Act,Sei'Lion 15.1-1239et seq.,Code of Virginia 1950,as amended,together with its successors and signs (hereinafter referred to as the "FCSA"), and the VIRGINIA DEPARTMENT OF T '` SPORTAT16(hereinafter,"VDOT"). f IIECITALS, A. The Owner.,is vested with fete simple title to(a)that certain tract or parcel of land, together with all improver,ents thereon and all right,rights of way and appurtenances thereunto belonging,situate on the rtheastem sidd of Tasker Read(Route 642) and the western side of Front Royal Pike(U.S.Route 522)in ShaIynee Magisterial District,Frederick County,Virginia, containing 30.4038 acres more or less,as depicted as Parcel I (hereinafter referred to as"Parcel 1")on"Final Plat Wright's Run Division"(5 Sheets)attached hereto as Exhibit"A"(hereinafter referred to as the"Subdivision Plat'), and(b)that certain tract or parcel of land,together with all improvements thereon and all right, rights of way and appurtenances thereunto belonging, situate on the westerly right-of-way line of Rainville Road(Virginia Route 800) in Shawnee Magisterial District, Frederick County, Virginia, containing 21,3653 acres more or less, as depicted on the Subdivision Plat as Parcel 2(hereinafter referred to as"Parcel T). B. Parcel I and Parcel 2 have the;same tax map number(#76-A-53)and are together a portion of the land conveyed to Wright's Run L.P. by deed made and dated July 14, 1989 among the land records of Frederick County,Virginia in Deed Book 719 at Page 642(Parcel 1 and Parcel 2 are hereinafter referred to as the"Parent Tract"). C. The Owner intends to subdivide the Parent Tract into Parcel 1 and Parcel 2, as more fully set forth on the Subdivision Plat. wCSR 4152335v2 Printed On 010412013 By C&I TITLE SERVICES INC C7 r\) 00 D. The Owner further intends(a)to convey an easement to the County upon Parcel 1 for a pedestrian trail,as indicated on the Subdivision Plat various times as"20' PEDESTRIAN TRAIL ESMT HEREBY CREATED"(hereinafter referred to as the"Pedestrian Easement"), (b) to convey an easement upon Parcel I to the County and to VDOT for a slope and drain easement, as indicated on the Subdivision Plat various times as "SLOPE & DRN ESMT HEREBY CREATED"(hereinafter referred to as the"S&D Easement"), and(c)to convey an easement upon Parcel 1 to the County and to VDOT for traffic signalization easements, as indicated on the Subdivision Plat one time as "SIGNALIZATION ESMTS HEREBY CREATED"(hereinafter referred to as the"Signalization Easements"). E. Parcel 2 is subject to a Woodland Corridor and Steep Slope Protection Easement for the benefit of the County as approved at the Frederick County Board of Supervisors Meeting on April 22,2002 and as depicted on that certain Final Subdivision Plat for Wright's Run L.P. recorded among the land records of Frederick County, Virginia as Instrument No. 030003716, which Woodland Corridor and Steep Slope Protection Easement is referred to as the Tree & Stream Preservation Easement on that certain Master Development:Plan#12-07 approved by the County on October 24, 2007 (collectively, the "Conservation Easement"), and the Owner further intends to vacate certain portions of the Conservation Easement as depicted on the Subdivision Plat as "**ESMT HEREBY VACATED (1.31 AC)" (hereinafter the "Vacated Conservation Easement") and to subject certain portions of Parcel 2 to the Conservation Easement as depicted on the Subdivision Plat as "**ESMT HEREBY CREATED (1.31 AC)" (hereinafter the"Granted"Conservation Easement"),with the net effect that the Conservation Easement will be altered i hape but will not change the total acreage of Parcel 2 affected by the Conservation Easement, F. The subdi, 'on of, he Par tit Tract into Parcel 1 and Parcel 2,the conveyance of the Pedestrian Easement,= a S&D Easement and the Signalization Easements,and the vacation of the Vacated Conserva n Easement and the creation of the Granted Conservation Easement are all made with the consent and appro�val of the County (through its authorized agent, the Frederick County Subdivision Administrator),with the consent and approval of the FSCA, and with the consent and approval of VDOT, as applicable, as evidenced and indicated by their execution of the Subdivision Plat on Sheet I thereof(as attached as Exhibit"A"hereto). WCSR 4152335v2 ro: Printed On 011042013 8y C&I TITLE SERVICES INC CD NOW,THEREta'nd ,WITNESSETl3: That for and in consideration of the premises conveyed,and other go valuable coLideration deemed adequate by law,the receipt and sufficiency of which is acknowledad,the Owner hereby agrees as follows: 1. The Recitals are incbrporated herein and made a material part hereof as if set forth in full, 2. The Owner hereby subdivides the Parent Tract into Parcel 1,containing 30.4038 acres more or less,and Parcel 2,containing 21.3653 acres more or less,as more fully set forth on the attached Subdivision Plat, 3. The Owner hereby grants and conveys to the County the Pedestrian Easement as a permanent,non-exclusive easement on,over and across those portions of Parcel 1 that comprise the Pedestrian Easement for the purposes of installing,maintaining,repairing and/or replacing a pedestrian trail. 4. The Owner hereby grants and conveys to the County and to VDOT the S&D Easement as a permanent, on-exclusive easement on,over and across those portions of Parcel 1 that comprise the S&D ement for the `urposes of allowing the County and VDOT, or any person or entity acting o ehalf of or a;`the direction of either of them, to construct, install, maintain repair and/or re ace sf rm water and drainage facilities serving Tasker Road and to grade areas within the S& Easement in connection with the same. 5. The Owner hereby grants and conveys to the County and to VDOT the Signalization Easements as permanent, non-exclusive easements on, over and across those portions of Parcel 1 that comprise the Signalization Easements for the purposes of installing, maintaining, repairing and/or replacing traffic signals and facilities and equipment related to such traffic signals. 6. The Vacated Conservation Easement is hereby vacated by the Owner, and the area of the Vacated Conservation Easement is no longer subject to the encumbrance of the Conservation Easement. The Granted Conservation Easement is hereby granted,conveyed and created by the Owner for the benefit of the County as a permanent,non-exclusive easement on, over and across those portions of Parcel 2 that comprise the Granted Conservation Easement,and the area of the Granted Conservation Easement is subject to the encumbrance of the Conservation Easement and all of its applicable terms and conditions. WCSR 415233M 77.17. Irving., T ,-. . 747 Printed On 01/04/2013 By C&1 TITLE SERVICES INC V t) W Q 7. The easements hereby created shall run with the land. The owner of Parcel 1,and the lessees,invitees,contractors,agents,representatives,successors and assigns thereof,shall at all times have the right to cross over and upon the area of any easement hereby created on Parcel 1 and to use the same in any manner that will not unreasonably;interfere with the use of such easement for the purpose for which such easement was granted or damage any pipes or facilities installed therein or thereon for such purpose. The owner of Parcel 2,and the lessees,invitees, contractors, agents, representatives, successors and assigns thereof, shall at all times have the right to cross over and upon the area of any easement hereby created on Parcel 2 and to use the same in any manner that will not unreasonably interfere with the use of such easement for the purpose for which such easement was granted, lather than with respect to the Conservation Easement on Parcel 2,the construction and/or installation of paved surfaces,landscaping,fences and similar improvements shall be deemed to be permitted uses pursuant to the immediately preceding two sentences. No building shall be constructed over or upon the area of any easement created hereby without the express approval of the party or parties benefited by such easement. In the event the owner of Parcel 1,on the one hand,or Parcel 2,on the other,disturbs the surface of any easement area hereby created in a manner inconsistent with the terms hereofy such party shall be responsible, at its sole cost and expense,to restore the same to a condition substantially similar to its condition prior to such disturbance. 8. The subdivision of the Parent Tract into Parcel 1 and Parcel 2,the conveyance of the Pedestrian Easement, the S&D Easement and the Signalization Easements,and the vacation of the Vacated Conservation Easement and the creation of the Granted Conservation Easement are all made with the co'sent and approval of the County (through its authorized agent, the Frederick County Subdivi ion Adminstrat'r),with the consent and approval of the FSCA,and with the consent and app oval of VDO 1, as applicable, as evidenced and indicated by their execution of the Subdivisi"'n Plat on Sheet 1 thereof(as attached as Exhibit"A"hereto). [Signature Page Followsl WCSR 4152335v2 Printed On 0110412013 By C&I TITLE SERVICES INC IN WITNESS WH REOF,'the Owher has executed this Agreement the day and year first above written. OWNER: WRIGHT'S RUN,L.F.,a Virginia limited. partnership By: Hudson and Associates,Inc.,a Virginia P.7t!&4 corporation,general partner REG#d►`6— 7192287 = B = �OMMit56101V y'a �a,M . 1(31/2012.:Q�,r 'k�1��,$ Titic, rawaucuu STATE OF VIRGINIA . : COUNTY OF TO-W T: ai, The foregoing instrument was acIcp owledged before me this day of 2009,by an individual satisfactorily proven to me to be ALLAN HUDSON. My Commission Expires: l- :51 - 20►2- Notary Public WCSR 4152335v2 I. Printed On 0110412013 By C&I TITLE SERVICES INC C:) C.J ro CONSENT AND SUBORDINATION OF LENDER (First Bank) WHEREAS, by Credit Line Deed of Trust, dated February 20, 2003 and recorded as Instrument No. 030004322 in the Clerk's Office of the Circuit Court of Frederick County, Virginia,as amended to date(the"Deed of Trust"),the Property(as that term is defined in the Deed of Trust)owned by WRIGHT'S RUN,L.P.,a Virginia limited partnership,was conveyed in trust to Michael L. Bryan as trustee (the "Trustee") under the Deed of Trust to secure an indebtedness more particularly set forth in the Deed of Trust,as amended. The beneficiary under said Deed of Trust is First Bank,a Virginia corporation(the`Beneficiary"). IN CONSIDERATION of Ten and No/100 Dollars($10,00)and other good and valuable consideration in hand paid to the undersigned,the receipt and sufficiency whereof being hereby acknowledged,the undersigned,as Trustee and Beneficiary of the aforementioned Deed of Trust, (i)do hereby consent to the subdivision of the Parent Tract per the terms hereof,(ii)do hereby consent to the easements and the terms thereof hereby granted by the Owner,and(iii)do hereby agree that any foreclosure or sale under power of sale pursuant to said Deed of Trust shall be subject and subordinate to the rights of the parties under the Deed of Subdivision and Easement to which this Consent is attached. IN WITNESS Wl EREOF,Trustee and Beneficiary have executed this Consent with the intention of being bound ereby. BENEFICIARY: FIRST By — N Title: Senior Vice President TRUSTEE: MICHAEL L.BRYAN,as trustee under the Deed of Trust 3 WCSR 415M5v2 r -6- Printed On 0IM2013 By C&I TITLE SERVICES INC O . O ' C.J ' t STATE OF VIRGINIA Q OF TO-WTT: The foregoing+ent was acknowledged before me this day of 2009,by an individual sa�sfactorily proven to me to be KEVIN F.SMITH. My Commission Expires: t.�1/\.t! 3� Q O 1 O ,yrrrr""rr,r, ON r �,•y�pt�� rM�G ; AFp,y2Icrs Notary Public STA E OF VIRGINIA OF TO-WIT: The foregoing instrument was acknowledged before me this, day of 2009,by an individual satisfactorily proven to me to be MICHAEL L.BRYAN. My Commission Expires: 3 1 ac)I C) . f--- ,0'o�rrrrYnlrrrrrr y�r�a��rs .mow rf frl llr1/11 WCSR 4152335v2 -7- Printed On 011042013 By C&1 7(7LE SERVICES INC C) CONSENT AND SUBORDINATION OF LENDER (Maranto) WHEREAS,by a certain deed of trust,hereinafter referred to as the"Deed of Trost", dated July 14,1989,recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia,in Deed Book 719,Page 663,assigned by assignment of Credit Line Deed of Trust dated August 17,1994,recorded in Deed Book 825 at page 1392 and by Deed of Appointment of Substitute Trustee dated June 29,1996,and recorded July 11, 1996,at Deed Book 861 at page 1563,WRIGHT'S RUN,L.P.,a Virginia limited partnership,conveyed in trust to trustees(the "'trustees') Charles R. Blose and Susan M. Christian (which Trustees were substituted with Michelle Stadtmiller, now known as Michelle Lipscomb, and Barbara Hagar per Deed of Appointment of Substitute Trustee dated April 9, 1999,and recorded.in Deed Book 939 at Page 1489,which Trustees were further substituted with Teresa K.Dragoo and Kay A.Robinson per Deed of Appointment of Substitute Trustees dated December 28, 2005, and recorded as instrument number 06000184 page 0392)the property described in the Deed of Trust for the benefit of the beneficiaries under said Deed of Trust; said beneficiaries being FRANK A. MARANTO, an individual, and PAULA J. MARANTO, an individual (collectively, the "Beneficiaries"). IN CONSIDERATION of Ten and No/100 Dollars($10.00)and other good and valuable consideration in band pai to the undersi cd,the receipt and sufficiency whereof being hereby acknowledged, the tgned, as Tres ' sand Beneficiaries of the aforementioned Deed of Trust,(i)do hereby cons' t to the subdiv ion of the Parent Tract per the terms hereof,(ii)do hereby consent to the is and the thereof hereby granted by the Owner,and(in)do hereby agree that any f losure or sale power of sale pursuant to said Deed of Trust shall be subject and Bubo ' to the righ of the parties under the Deed of Subdivision and Easement to which this Gaiisent is attach IN WITNESS WHEREOF,Trustees and Beneficiaries have executed this Consent with the intention of being bound hereby. BEN+ +ICIARIES: Frk A.Maranto [Signature Page Continues] wCSR 4152335v2 8- Printed On 01r04/2013 By C&I TITLE SERVICES INC O O w cn PNuoutIt 1ig"4r.�i ....... PG o,; TRUSTEE: " 7192787 TERESA K.URAGOO,as trustee under the Deed C�: t M of Trust ?: Teres CHytCounty of X. commonwow Subscrited and swam to Im this `_d4y of J aot�'iI 1 i� lfa 1- t 20 Rep.# Cal Corm WCSR 4152335v2 -9- r ff x Printed On 01/042013 By C&I TITLE SERVICES INC C7 Ca W FFo ev).4 o� STATE OF VMPri q5 COUNTY OF �tf- ,TQ-WIT: The foregoing instrument was acknowledged before me this A day of 2009,by an individual satisfactorily proven to me to be FRANK A.MARAN'TO. My Commission Expires: _�' 7•.2 d f Z- urrtkMnWilotra Nob kelo t OD74 lakla CamrwD7A8248 My pmm.9*w Jan.27,2012 Nota 000ft F4oCkVA STATE OF COUNTY OF &( TO-WIT: The foregoing instrument was acknowledged before me this�L day of 2009,by an individual sat,factorily proven tome to be PAULA J.MARANTO. My Commission E pUvs: nomr e.auc smla ora. i pu, ,g,DD7 r+o[ary ruouc 1y mmm.e�gas Jan. .2012 STATE OF VIRGINIA COUNTY OF _ ,TO WTf: The foregoing instrument was acknowledged before me this_day of 2009,by an individual satisfactorily proven to me to be TERESA K.DRACOO. My Commission Expires: Notary Public WCSR 4152335v2 Printed On 0110412013 By C&I TITLE SERVICE-3 INC CD C=) CJ STATE OF VIRGINIA COUNTY OF TO-WIT: The foregoing instrument was acknowledged before me this day of 2009,by an individual satisfactorily proven to me to be FRANK A.MARANTO, My Commission Expires: Notary Public STATE OF VIRGINIA COUNTY OF TO-WIT: The foregoing instrument was acknowledged before me this day of 2009,by an individual satisfactorily proven to me to be PAULA J.MARANTO. My Commission Expires: Notary Public STATE OF VIRGINIA K. COUNTY OF TO-WIT: The foregoing instrument was acknowledged before me this 01 day of 2009,by an individual satisfactorily proven to me to be TERESA K.DRAGOO. My Commission Expires: 1— 2C)1& CNN Z, REG 3 192207 Notary Public ZC71 SO,% VMS IM12 ............ WCSR 4152335v2 ��101 Printed On 0110412013 By C&I TITLE SERVICES INC 0 co Exhibit A Subdivision Plat i WCSR 4I52335v2 .� T . .,_ t s ro O GJ ti] T= 4 �0P ar0 VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTF d -" DATE 1 ✓lf FREDERICK COUNTY SANITATION AUT7=-jgffiW-jjV DATE VIRGINIA DEPARTMENT OF TRANSPOR DATE OWNER'S CERTIFICATION: THE PLATTING AND SUBDIVISION OF THE LAND OF WRIGHT'S RUN L.P., AS APPEARS ON THE ACCOMPANYING PLAT(S), IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. OWNER HEREBY CERTIFIES THAT PERMANENT PROPERTY CORNER MONUMENTS WILL BE SET UNDER THE SUPERVISION OF A ;Nw� � _ t _. (DATE) Ma auk",, Illivit" LILA M.TRIPLETT (PRINTED NAME& TITLE) NOTARY PUBLIC omm Conwealth of Virginia Reg.#335897 NOTARY PUBLIC MyCommission Expires Aug.31,2011 Ii�STATE OF �9QiA/1 A CITY/COUNTY OF r THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON I�m1eza\l ,-r Z40YBY A 1 Am ..ltoN (DATE) (NAME r _ MY COMMISSION EXPIRES 31'A& use (DATE) SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO WRIGHT S RUN L.P. BY DEED RECORDED IN DEED BOOK 719 AT PAGE 642 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL PLAT TH o� WRIGHT'S RUN DIVISION j. SHAWNEE MAGISTERIAL DISTRICT r FREDERICK COUNTY, VIRGINIA a SCALE: AS NOTED DATE: OCT. 15, 2006 REVISED: NOV. 6, 2008 CORYM. HAYNES > Patton Harris Rust & Associates Llc. No. 2539 Engineers. Surveyors. Planners. Landscape Architects. LI 106Jos 117 East Piccadilly Street -}- Winchester, Virginia 22601 r T 540.667.2139IA4 i F 540.665.0493 SHEET 1 OF 5 N PHR+A 2008 NOTES: 1. FREDERICK COUNTY PIN: 76-A-53; ZONED: 82 (PROPOSED PARCEL 1) & M1 (PROPOSED PARCEL 2). 2. THE PURPOSE OF THIS PLAT IS TO CREATE (SUBDIVIDE) PARCEL 1 AND PARCEL 2 FROM THE REMAINING LAND OF PIN 76-A-53. REFERENCE IS HEREBY MADE TO THE MASTER DEVELOPMENT PLAN #12-07 FOR REVISED EASTGATE PROPERTIES CERTIFIED OCTOBER 16, 2007: APPROVED OCTOBER 24, 2007. PARCELS 1 t AND 2 ARE SUBJECT TO THE PROFFERS OF RZ #02-97 (APPROVED AUG. 13, 1997). 3. BOUNDARY OUTLINE INFORMATION FOR PARCELS t AND 2 HAS BEEN CONSTRUCTED FROM AVAILABLE RECORDS HEREIN REFERENCED. THEY ARE NOT BASED ON A CURRENT FIELD RUN SURVEY. 4. BASIS OF MERIDIAN IS NAD 83, VIRGINIA NORTH ZONE. REFERENCE INST #070017759 AND INST #080001753, 5. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE REPORT. EASEMENTS AND OTHER MATTERS MAY EXIST OF WHICH THE SURVEYOR HAS NOT BEEN ADVISED. 6. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510063 02008 WITH AN EFFECTIVE DATE OF JULY 17, 1978, A PORTION OF THIS PROPERTY LIES IN ZONE "C" (AREA OF MINIMAL FLOODING) AND A PORTION LIES IN ZONE A" (AREAS OF 100-YEAR FLOOD, BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED.) FLOOD ZONE LIMITS SHOWN HEREIN HAVE BEEN DIGITALLY SCALED FROM THE REFERENCED FIRM PANEL. CURVE TABLE LINE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD LINE BEARING LENGTH C7 40.00' 90'16'1 D" 63.02' 40,19' S24'15'47'W 56.70 L1 S B, 52 W 29.84' C2 725.Od' 21'31'41" 272.41' 137.83' SBO'09'42"W 270.81' L2 N67'35 04 W 120.63' C3 40.00' 9242'05" 64.72' 41.93' N085T28"W 57.89' L3 N51RT05'W 96.19' C4 40.00' 90'00'00" 62.83' 40.00' S84'23'52"W 56,5T L4 N62 08'00 W 105.75' CS 40.00 90'00'00' 62.83' 40.00' N0536'08"W 56.57' L5 585.13.17'W 141.75' C6 40.00' 9O'00'00" 62.83' 40.00' S84'23'52"W 56.57' L6 N51'i9 40 W 60.00' C7 709.00' 16'S4'43" 209.27' 1 105.40' N81"02'18"E 1208.511 L7 N50'36'08"W 60.00' L8 N50'36'08'W 280.00' t9 N37'2805 W 154.03' ZONING SETBACKS' L10 N63'44'10 W 154.03' ZONE: BZ L11 N503608"W 330.48' FRONT YARD: 50' L12 N46'61'32 W 151.48' (PRIMARY OR ARTERIAL HIGHWAYS) L13 N50'36'08'W 57,81' FRONT YARD: 35' L114 N39 23'52"E 40.00' (COLLECTOR OR MINOR STREETS) L15 S50'36'08'E 80.00' SIDE YARD: NONE L16 S39'23'52"W 40.00' REAR YARD: NONE L17 N50'36'08'W 80.00' L18 I S17'31'05"W 316.74' ZONE: M1 L19 S3637'04"W 71.83' FRONT YARD: 75' L20 S53'22'56"E 75.85` (PRIMARY OR ARTERIAL HIGHWAYS) L21 S66'31'51"W 27.23' FRONT YARD: 75' L22 S57'33'05'E ' (COLLECTOR OR MINOR STREETS) L23 S05-20-40"W 14 ,3 SIDE YARD: 25' L24 N54'42'42"W .13' REAR YARD: 25' L25 S8130'24"W 7' L26 N48 O V19"W 43 50' L27 N5333'15"W 463.70' LEGEND: L28 SD3'09'32"E 1 6.59' INST INSTRUMENT L29 S74`I0'20"E 65.62' DB, PG DEED BOOK, PAGE L30 S40'32'33'E 129.E ' PIN PROPERTY IDENTIFICATION NUMBER 1-31 S7537'13"E 76.90' N/F NOW OR FORMERLY L32 S46'09'11"E 80.04' R/W RIGHT OF WAY L33 N06'57'18"W 47.57' ESMT EASEMENT L34 N51'19'53'W 5 00` DRN DRAINAGE I/E INGRESS/EGRESS L35 S50'36'08"E 2713' BRL SETBACK OR YARDLINE L36 N6W31'42 W 181.38' 1.37 S59-18-18"W loo.all FINAL PLAT 4�� �� < ° coxY M. xAY>�s �� WRIGH rS RUN DIVISION LIC. No. 2539 SHAWNEE MAGISTERIAL DISTRICT It� j FREDERICK COUNTY, VIRGINIA a /� SCALE: AS NOTED DATE: OCT, 15, 2008 r ©tit REVISED: NOV. 6, 2008 AREA TABULATION' YYU Patton Harris Rust & Associates Engineers, Surveyors. Planners. Landscape Architects. < PARCEL t 30.4038 AC PARCEL 2 21.3653 AC 117 East Piccadilly Street Winchester, Virginia 22601 TOTAL 51.7691 AC Wi � (AS COMPUTED, PHRA T 540.567.2139 THIS SUBDIVISION) JL JL F 540,665.0493 P4lR1S WMA SHEET 2 OF 5 a MARCEL DRIVE r 1 tr 76-A-48A I N/F ALLDEN, LLC INNST ��yy�Ipp40004069 ZONED: B2 USE: VACANT a_ �r m j I o n�m m �b�y N r > Z Q ACCESS & ?a o UTILITIES ESMT N ;0;0� DRN ESMT DB 719, PG 459 � G� r DB 844, V p<� u+ PG 1037 0 +NN Q r SLOPE & DRN ESMTNO �L' y�Jyt�D8 844, PG 1037 vp Clp a�fiCF \ �fiyg�l SAN ESMT y 9 a fi DB 866, PO 1309 �`c'• q PARCEL 1 \ ZONED: 82 30.4038 AC SLOPE & DRN ESMT t a, DB 8441 PG 1037 mra---Q c CP 6U Nm mr1ulOD o w cCimz S0 �-•m 76-A-51B W/(F 04UGLAS R. & RAINViLLE ANDA 0. FLETCHER DB 632, PG 124 _ROAD $ I//E ESMT >�1+a� ZONED: RA /— 865, PG 1318 fi USE: RESIDENTIAL r L14 SAN ESMT ~ _ 52 w DB 866, PG 1309 ry q 'O N/F EARL E. & ANNA L17 lq�2��" B. HOUGH ESTATE L5 L16 Co o 2)� 6,;,<v DB 199, PG 351 n Z `�¢ I w �/ ZONED: RA L{ �\ Q¢�C'I(aun cc) /h�yZ USE: RESIDENTIAL VV n zoo o r 45 //•A` L2 in a / CA p J dG7 2 A, � ry, c2 t`� d��4o �pyTH O.F L1 of �'_ tiQa� j CORY 9. HAYNES FINAL PLAT uc. No. 2539 NOTES: WRIGHT'S RUN DIVISION tt I( Jpg A. PARCEL 1 IS SUBJECT SHAWNEE MAGISTERIAL DISTRICT ry TO THE GAS PIPELINE FREDERICK COUNTY, VIRGINIA #0M40 76 ESMT AS INST SCALE: 1"-300' DATE: OCT. 15, 2008 � REVISED: NOV. 6, 2008 x B. SEE SHEET 4 FOR Patton Harris Rust & Associates - ADDITIONAL ESMTS Engineers. Surveyors. Planners. Landscape Architects_ GRAPHIC SCALE CREATED HEREIN. rc 117 East Piccadilly Street � 300 600 +. Winchester, Virginia 22601 L T 540.667.2139 i 1N t'= F 540.665,0493 t inch- 300 ft. SHEET 3 OF 5 N PHR+A 2006 ,v, r °ary� cs L�F Jill CD w �S w�Ji`4,aa' rv� II Cider 00 �9 £Fr `! �` �Q � a 11Vr C4 wffff aSLOPE �� h) L 36 q HEREBY C RN TEEDMT o dtif C3 �/1 ro.6c —SAN ESMT � x i �? D8 866, PG 1309 I t0.50' L35 L34 I/E ESMT rl SAN ESMT DB 866, PG 1318 / DB 866, ( ryS U I PG 1309 1 -, i L5-4 `I t,���P 2D' 20' PEDESTRIAN yy PARCEL 1 TRAIL ESMT ! o { HEREBY CREATED J M o zo, 1 -Cl /.,� Lj L4 /f l / <a3 21123 NR.f ..l I aM PARCEL 1 o I a, o ! / ! C°- I� W j A � E! no / SLOPE & DRN ESMT shc� / DB 1144, PG 1037 wa ' cao Z(p m [[ y� t; L2 i 143 �o .00 I W� VIRGINIA NORTH ZONE 1 1 NAD 53 0 yC-4 uj 29.37' LO �_ I 1 k! f 1, C2' �\ 37 ` r �/ o SEEMATCH LINE THIS SHEET INX 10, Ct NSA pTH Op FINAL PLAT w._. WRIGHT'S RUN DIVISION GORY M. HAYNES SHAWNEE MAGISTERIAL DISTRICT N Lic. No. 253 FREDERICK COUNTY, VIRGINIA tt�04 08 SCALE: 1"=100' DATE: OCT. 15, 2008 iy�9a REVISED: NOV. 6, 200B Y� StifAV�'"0 Patton Harris Rust 8, Associates Engineers. Surveyors. Planners. Landscape Architects. , GRAPHIC SCALE 117 East Piccadilly Street `I2001Zia 4 Winchester, Virginia 22601 � T 540.6.7.213, IN 1?&EI } F 540.665.0493 0 1 inch- 100 IL SHEET 4 OF 5 V PHR+A 2008 © 3 0 a�� 76-A-53H (ram 00 N/F SHEN VALLEY, �© INST 1050027306 _i OC -MARA USE:N VDACANT `!�W 1 MAN RNDR. yom 1 0: n- � �.. 78-A-53F p NF CA"ULE HOLOCO g: XCHANGE V, LLC y A. INST V60016680 7i. Z0 ED: B3 S5729'40"E '� USE: COMMERCIAL 333.69' .�r�' �: AN SEW ESMT **ESMT 86.88'(TIE) NST #G 0004817 HEREBY to N (�VAC3A /— L24 76-A-53G /N `�J a' N/F EQUITY INDUSTRIAL _ _42 h� _ WIN CHESTER LLC 76 N/F SARGENT J' & EQUITY PROPERTIES, L.L.C. INDUSTRIAL INST #060007481 j WINCHESTER LP ZONED: RA INST #07001 9 41 0 USE: VACANT l y ZONED: M1 o/'/ # USE: WAREHOUSE I °t>n I PARCEL 2 Cal J ZONED: M1 n Z •� I 21.3653 AC y �a 4) ! NZ--—--.L27 75-A-113 y29 �31 R M NIF LEONARD 1 LJQ L3 PROPERTY, L.I.-C l iN5T #040013536 ESMT* a ZONED: RA K v USE: VACANT !' HEREBY m f + CREATED ~-- /1 (1.31 AC) �gEf N0 63.21' t xONE" 6 7'25'W (Sff- N �- J-- 87-A-t N/F PEPPER LANE-LAND ACQUISITION COMPANY LLC INST #040026220 ZONED: RA USE: VACANT * WOODLAND CORRIDOR & STEEP SLOPE PROTECTION N TH op ESMT REFERENCE FINAL SUBDIVISION PLAT (INST #030003716) ...�.�.�, FINAL PLAT ** TREE & STREAM CORY M. HAYNES 1 WRIGHT'S RUN DIVISION PRESERVATION ESMT Llc. No. 2539 SHAWNEE MAGISTERIAL DISTRICT r REFERENCE MASTER FREDERICK COUNTY, VIRGINIA DEVELOPMENT PLAN #12-07 11�06�0 SCALE: 1"=300' DATE: OCT. 15. 2008 (APPROVED 10-24-07) 4 �b REVISED: NOV. 6, 2008 Vy1T Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE 117 East Piccadilly Street „ of 1 50 300 600 1� Winchester, Virginia 22601 �L J 7 540,667.2139 ( Ft lIL I F 540,665.0493 m t inch SHEET 5 OF 5 N PHR+A 2008 c) G r ViRGiMp:FREDEMCK COUNTY.SCT. Thi iinstwmentnoff wpriting was produced to me on -13- 200 at t a:y %M and with certificate acknowledgement thereto annexed was admitted to record."Pax imposed by Sec.58.1-802 of $ and 58,1-801 have been paid,if assessable. k 9/23/25,4:40 PM Frederick County Taxes Paid COUNTY OF FREDERICK P.O.BOX 225 WINCHESTER,VA 22604-0225 C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2025 Map Number: 76 A 53 Account#: 8024287 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid DRB GROUP RE2025 47787 1 MID- 4/15/2025 30.40 ACRES $7,161.36 ATLANTIC LLC Total Paid: 1 $7,161.36 This amount represents payments applied during calendar year 2025 and does not include Penalty,Interest or Credit Card Fees. Close this Window Print This Page https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 1/1