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005-06 Ventures I - Comm. Bus. Pk - 12 Acres B3 to B2 - Back Creek - Backfile
w G e m mLo v o ri I M V C� tj t: � r` C r � - c � RECEIVED FROM Fv- .ADDRESS yo k)c'X FOR DOLLARS $ 4 a50• `ti 1�Siv '7 5- A • Q ( � AMT. OF CASH ACCOUNT I I AMT. PAID -5U -- CHECK , �� BALANCE I I Dfl,ER BY 9 DATE NO. L 'i 3 f RECEIVED FROM ADDRESS DOLLARS $ FOR BY AMT OF CASH ACCOUNT � AMT PAiD � CHECK r; BALANCE � MONEY DUE ORDER REZONING TRACKING SHEET Check List: Fee. & S'gn Deposit Application Form Proffer Statement " 1?IatlSurve Impact Analysis 7`axes Paid S#atenenf AdjoinerList. Impact yodel Ruh DATE 312-7%O 3/1-7 3 o 3 z7 oG 3 3 Z o6 Application received/file opened Reference manual updated/number assigned D-base updated Copy of adj oiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing location map ordered from Mapping j . 28 . d(p ile given to office manager to update Application Action Summary p PC public hearing date ACTION:' - 4 0 0 6 BOS public hearing date ACTION: Aq Signed -copy -of resolution-foramendment-of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant 5 Reference manual and D-base updated �L/5 �G� file given to office manager to update Application Action Summary (final action) J(9 p File given to Mapping/GIS to update zoning map Zoning map amended , 10-7 U \Carol\Commonumcking.rc Revised 05/09/02 COURt'bERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 May 15, 2006 Mr. John C. Lewis Painter -Lewis, P.L.0 116 S. Stewart St. Winchester, VA 22601 RE: REZONING #05-06, COMMONWEALTH BUSINESS PARK, VENTURES I Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 10, 2006. The above -referenced application was approved to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers. The subject property is located on Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, and is identified with Property Identification Number 75-A-91 B in the Back Creek Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy / Deputy Planning Director MTR/bad Attachment cc: Barbara E. Van Osten, Board of Supervisors, Back Creek District Cordell Watt and Greg linger, Back Creek Planning Commissioners Jane Anderson, Real Estate Ventures I, 124 W. Piccadilly St., Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 a REZONING APPLICATION #05-06 VENTURES I OF WINCHESTER, LLC COMMONWEALTH BUSINESS CENTER LOT 2 Staff Report for the Board of Supervisors Prepared: May 2, 2006 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: April 19, 2006 Recommended Approval Board of Supervisors: May 10, 2006 Pending PROPOSAL: To rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers LOCATION: Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-91 B PROPERTY ZONING: B3 (Industrial Transition Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) District Use: Commercial South: B3 (Industrial Transition) District Use: Vacant East: B3 (Industrial Transition) District Use: Interstate 81 West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES: Business and Commercial Uses 0 a Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 2 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 11 and 1167. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park — Lot 2 rezoning application dated February 13, 2006 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Site plan shall provide municipal water supplies for firefighting to meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 1, Introduction: The extension of Commonwealth Court will require the relocation of the existing cul-de-sac to the property line shared with Winchester 81, LLC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to page 1, Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanism indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to accommodate point - source discharges derived from the stormwater management facility. Frederick -Winchester Service Authority: No comments Sanitation Authority: I have reviewed this rezoning request and concur with the Water and Sanitary Sewer remarks. Frederick -Winchester Health Department: No Comment. GIS: No Comment. Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. 0 0 Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: Please see the attached letter dated January 27, 2006, signed by Robert T. Mitchell, Jr., Esquire. Planninjz & ZoninjZ: 1) Site History The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial/commercial development of an Industrial Park on a 37 acre site. The subsequent subdivision of the site resulted in the creation of eight lots. Lot 2, totaling 12 acres, is the lot for which this rezoning request is being made. The site is currently vacant. The other lots within the Commonwealth Business Center have developed as a combination of industrial and commercial uses and include the Carquest Distribution Center, Sportsplex, Boyce's Martial Arts, Prelip's Home Center, Ultimate Automotive Group, and Robbie's Auto Body. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T /7"d IIca The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of planned commercial and industrial development will occur. hi addition, the • 0 Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 4 Commonwealth Lot 2 property is located within an area that the Eastern Frederick County Long Range Land Use Plan identifies with a Business/Commercial land use designation. This designation is consistent with the expressed desire to locate commercial uses on arterial highways, at major intersections, and at interchange areas. Transportation In general, the Comprehensive Plan states that a Level of Service (LOS) Category C or better should be maintained on roads adjacent to and within new developments within the County. The applicants Traffic Analysis seeks to address the transportation impacts associated with this rezoning request. The subject property is located adjacent to the Interstate 81 right-of-way and is in close proximity to the Interstate 81 and Route 37 Interchange, and the Route 11 interchange with Route 37. Access to the site would be from Route 11 via Commonwealth Court, Route 1167. Significant improvements to the above mentioned transportation network are envisioned in County and State Transportation Planning documents. Further, the preliminary design plans for the proposed improvements indicate additional right-of-way needs which should be addressed in conjunction with the planning and development of the adjacent properties. The need for additional right-of-way along this property's frontage with Interstate 81 has been identified and is addressed in this rezoning application. The adjacent property to the south Parcel 75-A-10A is presently limited by the limits of access lines associated with the adjacent highway system. In order to facilitate fixture access to this property, and to address the goal of providing interparcel connectivity, it is appropriate for the development of Lot 2 to provide public road access to this adjacent parcel. The Ventures I, Commonwealth Business Center Lot 2 rezoning application addresses this issue. The intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. In order to ensure that an appropriate level of service is achieved, the rezoning application addresses the signalization of this intersection. 3) Site Suitability/Environment The Ventures I, Commonwealth Business Center Lot 2 site contains no identified environmental features and does not contain any historic resources. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. The County Engineer strongly supports the use of a regional stormwater management facility in conjunction with the development of this property. C� E Rezoning 405-06 — Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 5 4) Potential Impacts A. Transportation In order to address the transportation impacts associated with the rezoning and development of this property, the applicant has been coordinating with the Virginia Department of Transportation and has provided for the following: The applicant has identified the area presently acknowledged as being needed to facilitate the construction of a new traffic ramp from Interstate 81 southbound to Route 37. A proffered condition has been provided that reserves this area, restricts development activity from occurring in this area, and ultimately facilitates the dedication of this area to the Virginia Department of Transportation. The area identified for future dedication totals approximately 1.11 acres. The applicant has addressed the extension of Commonwealth Court to the adjacent parcel identified with PIN 75-A-10A to ensure that ultimately this parcel will be provided with access to the public street system. Access to this parcel is presently limited by the limits of access lines associated with the adjacent highway system. It should be recognized that adjustments in the aligmnent of this public road connection may be made to accommodate the ultimate development of Lot 2 provided that the extension of the road as a public street to the adjacent property is in place prior to the occupancy of any structure on the Lot 2 property. As previously noted, the intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. The applicant has provided a proffered condition that states that they will enter into a signalization agreement with the Virginia Department of Transportation to construct a traffic signal at this location. It »nay be desirable to provide an additional mechanism in the proffer statement that ensures that the traffic signal will be in place prior to the occupancy of any structure on the Lot 2 property. This would ensure that an appropriate level of service is achieved and maintained at this intersection immediately. B. Community Facilities and Impacts The community facility impacts associated with the development of this property under the B2 (Business General) District compared with the development of this property under the existing B3 (Industrial Transition) District are relatively similar. In evaluating the community facility impacts of new development proposals, it is recognized that the new Development Impact Model is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning requests are ultimately positive to the County. By policy, the Development Impact model does not apply a fiscal impact to entirely commercial or industrial rezoning applications. Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 6 In recognition of the impacts that may be realized by the community to Fire and Rescue services, the applicant has proffered a contribution in the amount of $1,000.00 to the Stephens City Volunteer Fire Company for impacts to fire control services. 5) Proffer Statement — Dated September 9, 2005 and revised December 9, 2005, January 12, 2006, February 13, 2006 and March 24, 2006 The Applicant's Proffer Statement seeks to address the identified impacts associated with this rezoning request by providing for the following commitments: The extension and construction of the extension of Commonwealth Court, Route 1167, to the adjacent property to the south identified with PIN 75-A-10A. The reservation and ultimate dedication of approximately 1.11 acres of land, the right-of-way presently identified by VDOT as being needed to facilitate the construction of a new ramp from Interstate 81 southbound to Route 37. The signalization of the intersection of Route 11 and Commonwealth Court, Route 1167. The provision of regional stormwater management facility as requested by the County Engineer. The donation of a $1,000.00 monetary contribution to offset the impacts to fire control services. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: The Ventures I, Commonwealth Business Center - Lot 2 rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. Further, it would appear as though impacts associated with this rezoning request have been addressed by the applicant; in particular, the identified transportation impacts. The Planning Commission should ensure that any additional concerns or identified impacts are fully addressed by the applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/19/06 MEETING: The Planning Commission was primarily concerned with traffic issues. They questioned whether the County's future goals for Route 11, including widening, signalization, bicycle lanes, and adequate turning radius at Commonwealth Drive and Route 11, were being adequately accommodated by this application. They were also interested in the LOS on Route 11 after installation of the traffic signal. VDOT's representative, Mr. Lloyd Ingram, believed the future goals for Route 11 were fairly well accommodated by the application; lie anticipated an intersection analysis would be required from the developer, rather than a traffic impact analysis, because of the detailed analysis already provided with the Kernstown and Crosspointe developments. VDOT was also satisfied with the access provided for the southern parcel. The issue of signage on Route 11 was also discussed. 9 0 Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 7 5) Proffer Statement — Dated December 6, 2005 and Revised June 2, 2006 Generalized Development Plan — Dated November 15, 2005 and Revised May 12, 2006 A) Land Use Commercial floorspace shall not exceed 158,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age -restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association The residential homeowners association (HOA) will own and maintain all common areas. The HOA will be responsible for a common solid waste disposal program provided by a collection company. C) Transportation The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road and a median on Senseny Road. The applicant will install a new northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the proj ect entrance on Greenwood Road. The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right-of-way on Senseny Road and 15 feet of right-of-way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter -parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. D) Design Standards The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. • 0 The staff noted that since there is an existing MDP for Commonwealth Business Park, the approval of the GDP with this rezoning will allow an administrative amendment of the MDP. Therefore, this would not be brought back before the Commission as a MDP. One citizen spoke; he was interested in constructing a monument -style sign for the businesses in this area through his pending conditional use permit. Although Commission members were concerned about the traffic along this section of Route 11, they believed the applicant had done all he could to mitigate the impacts and VDOT was satisfied in their review. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted by the applicant. (Note: Commissioners Ours and Light were absent from the meeting.) Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after December 1, 2005 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,290 Town Home Dwelling Unit = $17,731 Apartment Dwelling Unit = $ 9,064 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $720 $528 $�0 General Government $320 $245 $245 Public Safety $658 $503 $503 Library $267 $204 $204 Parks and Recreation $2,136 $1,634 $1,634 School Construction $19,189 $14,618 $5,940 Total $23,290 $17,731 $9,064 A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 12/1/05 10 h 63 A 86C • H P HOOD, INC Q� v p Qpo y q \� �p� 66B 63 A 86A m z 4Np H P HOOD, INC M-A� z a �O C.7 , Q C / c ' 1771717]() \r U y GB�6? 9 y Q \yam 7• � Q y � n � O TG� F sos 37 �y�9�B QoMFNr 97 37 0 i 75 A 10A WINCHESTER•81 L L C 37 yet fi 37 37 37 37 RT 75 A 90 GLAIZE DEVELOPMENTS, INC 37 s Rezoning # 05 - 06 Ventures I 63 A obC H P HOOD, INC s0 69 •\�G��Q f�1 t T, \ , s H 63 �A 86A� H P H0011,4_1NC r • Q AYr1 - a. y ¢LU Q ,. Z r` 2 N �* 6 a C s? v v = lP d. a' Fay \r- % y ?>< o� v AL w 75 N WINCHE 'STER- 1LL ' Y-' 8 C s �r �\ :•y 37 y , 37, 75 A 90 `•,Ax GLAIZE DEVELOP -INC ate ' L 37 ilk a ' ♦ '•D cFA9� lb� } .. J B Z Rezoning # 05 - 06 Ventures I (75-A-91B) r • a REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff _ o, Fee Amount Paid $ oZ J d Zoning Amendment N ember /3-0�p Date Received 3 a PC Hearing Date at: BOS Hearing Date T The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name cti,in4e.`- Lew%s. P. L-C Telephone: (5, 40)t.tp2.- S-19Z Address: 11 U, 5 - Stev,0_ft -i+ j,�l itlrYl�S ICE VA 22-Lo O 1 2. Property Owner (if different than above) Name: Ven}ktres L o F ' N L t_C. Telephone: {5LIp) q-I y - clot.2 Address: 1 Zy W . _-?► cc-c -cl , 11\,1 5+ . W , (—)C"C-51e -( VA 24; 01 3. Contact person if other than above Name: Jahn C Telephone: (SyO) 4. Checklist: Check the following items that have been included with this application. Location map ,/ Agency Comments Plat l Fees Deed to property _� Impact Analysis Statement Verification of taxes paid _� Proffer Statement ✓ 11 0 0 S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: V Pn4��re 5 ►- o� lf�i�nc_hESIP�' LLB- . 6. A) Current Use of the Property: C C n—Y .- B) Proposed Use of the Property: jus r1eSS 7. Adjoining Property: PARCEL ID NUMBER USE ZONING (o3-A-i?S �5-A-9 it '15-A-RIC •15 - a - 9 1 a-91C, - IS-A-cI- -15.-A.. ci1 r) VAcAN-- CooA-ra&RCiAL C0 nrLrn F-rzC i A L- C 0 fv\.rn E- P-C IOr L, CO rvl-I-n & P-C i A- L C o m-rn e-rc- ( -a_ t pPrtCE-/V\)O-f hatxse 6-3 6-3 E-3- 3 B-3 6-3 Q-3 C3-3 3. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Lon&rnonwe(tiHbl O ou-r+ VA R OL TF t i u -7 QV� NrY) 1S loCr,-A-ecL nor l ck R+• 11 ¢ R-4 . 3-1 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number -15 -- A •- 9 j 13 Districts Magisterial: &,_cK CreeK bill-P-►c.i- Fire Service: A-o e.Pvs 6chi Vn 1, V_tre. Rescue Service:,3 o}ie„s Q� U 1. Fire High School: Middle School: _ Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested [12- Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 13 • 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and 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. Applieant(s): Stitt Date: J Date: Owner(s): LC 14 Date: .3 / ZLl /0(�' Date: Special Limited Power of Attorney ' County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Flow All Men By These Presents: That I (We) (Name) V em aig-(Z, Z Z>t1 L, LC- (Phone) Ski e' . "7. 691. (Address) /19 14#e ; WIAI61 11_CW,, the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 85'16459 _ an -gage 38? 7 31 and is described as Parcel: Lot:%! 6 Block: fQ Section:"75 Subdivision: do hereby make, constitute and appoint: (Name) PQ 1 h-i ef" Le (i/,,s LLC (Phone) 546 • 663 •5-79a (Address) 116 S. Sfeworf Sl; Wi n6hp.s }cr, V,,� as 60f To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: r Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan 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 authorization shall expire one year fi•om the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this�34-'�ay of rA&,U - , 200 , I Signature(s) �/�-�N��-L� 1- Ole State of Virginia,-Ei�y/County of �✓11�C�PittC/ % , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the forego' ig instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this 23rc(day of )Rafck , 200 � . , a My Commission Expires:Q,�.G�(-/,!%C��i Notary Public REZONING APPLICATION 905-06 VENTURES I OF WINCHESTER, LLC COMMONWEALTH BUSINESS CENTER LOT 2 Staff Report for the Planning Commission Prepared: April 2, 2006 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: April 19, 2006 Pending Board of Supervisors: May 10, 2006 Pending PROPOSAL: To rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers LOCATION: Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-9113 PROPERTY ZONING: B3 (Industrial Transition Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) District Use: Commercial South: B3 (Industrial Transition) District Use: Vacant East: B3 (Industrial Transition) District Use: Interstate 81 West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES: Business and Commercial Uses u Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 11 and 1167. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park — Lot 2 rezoning application dated February 13, 2006 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Site plan shall provide municipal water supplies for firefighting to meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 1, Introduction: The extension of Commonwealth Court will require the relocation of the existing cul-de-sac to the property line shared with Winchester 81, LLC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to page 1, Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanism indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to accommodate point - source discharges derived from the stormwater management facility. Frederick -Winchester Service Authority: No comments Sanitation Authority: I have reviewed this rezoning request and concur with the Water and Sanitary Sewer remarks. Frederick -Winchester Health Department: No Comment. GIS: No Comment. Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. 0 • Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: Please seethe attached letter dated Januaiy 27, 2006, signed by Robert T. Mitchell, Jr., Esquire. PlanninI4 & Zoninj4: 1) Site History The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial/commercial development of an Industrial Park on a 37 acre site. The subsequent subdivision of the site resulted in the creation of eight lots. Lot 2, totaling 12 acres, is the lot for which this rezoning request is being made. The site is currently vacant. The other lots within the Commonwealth Business Center have developed as a combination of industrial and commercial uses and include the Carquest Distribution Center, Sportsplex, Boyce's Martial Arts, Prelip's Home Center, Ultimate Automotive Group, and Robbie's Auto Body. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1 ] I.""d [IV,, The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of planned commercial and industrial development will occur. In addition, the 0 • Rezoning #05-06 — Ventures 1, Commonwealth Business Center Lot 2. April 2, 2006 Page 4 Commonwealth Lot 2 property is located within an area that the Eastern Frederick County Long Range Land Use Plan identifies with a Business/Commercial land use designation. This designation is consistent with the expressed desire to locate commercial uses on arterial highways, at major intersections, and at interchange areas. Transportation In general, the Comprehensive Plan states that a Level of Service (LOS) Category C or better should be maintained on roads adjacent to and within new developments within the County. The applicants Traffic Analysis seeks to address the transportation impacts associated with this rezoning request. The subject property is located adjacent to the Interstate 81 right-of-way and is in close proximity to the Interstate 81 and Route 37 Interchange, and the Route 11 interchange with Route 37. Access to the site would be from Route 11 via Commonwealth Court, Route 1167. Significant improvements to the above mentioned transportation network are envisioned in County and State Transportation Planning documents. Further, the preliminary design plans for the proposed improvements indicate additional right-of-way needs which should be addressed in conjunction with the plarming and development of the adjacent properties. The need for additional right-of-way along this property's frontage with Interstate 81 has been identified and is addressed in this rezoning application. The adjacent property to the south Parcel 75-A-10A is presently limited by the limits of access lines associated with the adjacent highway system. In order to facilitate fixture access to this property, and to address the goal of providing interparcel connectivity, it is appropriate for the development of Lot 2 to provide public road access to this adjacent parcel. The Ventures I, Commonwealth Business Center Lot 2 rezoning application addresses this issue. The intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. In order to ensure that an appropriate level of service is achieved, the rezoning application addresses the signalization of this intersection. 3) Site Suitability/Environment The Ventures I, Commonwealth Business Center Lot 2 site contains no identified envirorunental features and does not contain any historic resources. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. The County Engineer strongly supports the use of a regional stormwater management facility in conjunction with the development of this property. • • Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 Page 5 4) Potential Impacts A. Transportation In order to address the transportation impacts associated with the rezoning and development of this property, the applicant has been coordinating with the Virginia Department of Transportation and has provided for the following: The applicant has identified the area presently acknowledged as being needed to facilitate the construction of a new traffic ramp from Interstate 81 southbound to Route 37. A proffered condition has been provided that reserves this area, restricts development activity from occurring in this area, and ultimately facilitates the dedication of this area to the Virginia Department of Transportation. The area identified for future dedication totals approximately 1.11 acres. The applicant has addressed the extension of Commonwealth Court to the adjacent parcel identified with PIN 75-A-10A to ensure that ultimately this parcel will be provided with access to the public street system. Access to this parcel is presently limited by the limits of access lines associated with the adjacent highway system. It should be recognized that adjustments in the alignment of this public road connection may be made to accommodate the ultimate development of Lot 2 provided that the extension of the road as a public street to the adjacent property is in place prior to the occupancy of any structure on the Lot 2 property. As previously noted, the intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. The applicant has provided a proffered condition that states that they will enter into a signalization agreement with the Virginia Department of Transportation to construct a traffic signal at this location. It n7ay be desirable to provide an additional mechanism in the proffer statement that ensm•es that the traffic signal ivill be in place prior to the occupancy of any structure on the Lot 2 property. This would ensure that an appropriate level of service is achieved and maintained at this intersection immediately. B. Community Facilities and Impacts The community facility impacts associated with the development of this property under the B2 (Business General) District compared with the development of this property under the existing B3 (Industrial Transition) District are relatively similar. In evaluating the community facility impacts of new development proposals, it is recognized that the new Development Impact Model is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning requests are ultimately positive to the County. By policy, the Development Impact model does not apply a fiscal impact to entirely commercial or industrial rezoning applications. E Rezoning #05-06 — Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 Page 6 In recognition of the impacts that may be realized by the community to Fire and Rescue services, the applicant has proffered a contribution in the amount of $1,000.00 to the Stephens City Volunteer Fire Company for impacts to fire control services. 5) Proffer Statement — Dated September 9, 2005 and revised December 9, 2005, January 12, 2006, February 13, 2006 and March 24, 2006 The Applicant's Proffer Statement seeks to address the identified impacts associated with this rezoning request by providing for the following commitments: The extension and construction of the extension of Commonwealth Court, Route 1167, to the adjacent property to the south identified with PIN 75-A-10A. The reservation and ultimate dedication of approximately 1.11 acres of land, the right-of-way presently identified by VDOT as being needed to facilitate the construction of a new ramp from Interstate 81 southbound to Route 37. The signalization of the intersection of Route 11 and Commonwealth Court, Route 1167. The provision of regional stormwater management facility as requested by the County Engineer. The donation of a $1,000.00 monetary contribution to offset the impacts to fire control services. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: The Ventures I, Commonwealth Business Center - Lot 2 rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. Further, it would appear as though impacts associated with this rezoning request have been addressed by the applicant; in particular, the identified transportation impacts. The Planning Commission should ensure that any additional concerns or identified impacts are fully addressed by the applicant. Followin,q the requirement for a public hearing, a recommendation by the Planninga Commission to the Board of Supervisors concernin'a this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. • Commonwealth Business Park, Lot 2 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: 05 04. 12 acres PARCEL ID — 75-4-91 B Ventures I of Winchester, LLC Applicant: Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Project Name: Commonwealth Business Park, Lot 2 Original Date of Proffers: September 9, 2005 Revision Date (s): December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 16 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0502016 • PROFFER STATEMENT PARCEL ID 75-A-91 B Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The owner wishes to have this property rezoned to B2 to accommodate preferred land uses within a future subdivision of the land. The proposed layout and division of the parcel can be seen in Exhibit 1 of the rezoning application. The applicant recognizes that good planning practice demands that consideration be given to local traffic patterns and to the management of storm water runoff. Therefore, Rt. 1167, Commonwealth Court will be extended to the adjoining parcel to the south. See Proffer 1. Land will be reserved for the future construction of a new interchange between Interstate 81 and Route 37. See Proffer 2. The applicant will enter into an agreement with VDOT to provide funding for a traffic signal at the intersection of Route 11 and Route 1167. See Proffer 3. To the extent practicable, a storm water management facility will be constructed on the land to provide storm water control for the entire development. See Proffer 4. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 05-0C for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Extension of Route 1167, Commonwealth Court The applicant will pay for the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75-A-10A. This will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. 2.) Reservation of Land for a Future Interchange The applicant will reserve a portion of the TM 75-A-91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. Development of TM 75-A-91 B will be restricted from the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the page 2 PROFFER STATEMINT • PARCEL ID 75-A-91 B applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 3.) Signalization Agreement . The applicant agrees to enter into a contractual agreement with the Virginia Department of Transportation for the construction of a traffic signal at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the installation of signalization and that VDOT will secure actual traffic counts or other traffic study to provide the warrants initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property owners. 4.) Storm Water Management The applicant agrees to construction a storm water, detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 5). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. Submitted By: for Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: page 3 PROFFER STATEMINT PARCEL ID 75-A-91B The foregoing instrument was acknowledged before me this day of by Notary Public page 4 9 0 AMENDMENT Action: PLANNING COMMISSION: April 19, 2006 - Recommended Approval BOARD OF SUPERVISORS: May 10, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-06 OF COMMONWEALTH BUSINESS CENTER, LOT 2 VENTURES I WHEREAS, Rezoning 905-06 of Commonwealth Business Center, Lot 2, Ventures I, submitted by GreyWolfe, Inc., to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers was considered. The property is located at Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is identified by Property Identification Number (PIN) 75-A-91B. WHEREAS, the Planning Conu-nission held a public hearing on this rezoning on April 19, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes # 13-06 • 0 This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of May, 2006 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John k. Riley, Jr. I Frederick County Administrator PDRes. # 13-06 • 0 Commonwealth Business Park, Lot 2 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: 05-06 12 acres PARCEL ID — 75-4-91 B Ventures I of Winchester, LLC Applicant: Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Project Name: Commonwealth Business Park, Lot 2 Original Date of Proffers: September 9, 2005 Revision Date (s): December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 April 7, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com PROFFER STATEME PARCEL ID 75-A-91 B L_J Job Number: 0502016 Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 05-06 for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 1), dated April 7, 2006, for the purpose of identifying the following proffered conditions. 2.) Extension of Route 1167, Commonwealth Court The applicant will construct the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75-A-10A. This road extension will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. Adjustments in the alignment of the road through parcel 75-A-91 B may be made to accommodate an alternative subdivision layout provided the extension of the road is in place prior to the occupancy of any structure on the property. 3.) Dedication of Land for a Future Interchange The applicant will reserve a portion of the TM 75-A-91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. No development of TM 75-A-91 B will occur in the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 4.) Signalization Agreement The applicant agrees to construct a traffic signal, meeting VDOT standards, at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the page 2 PROFFER STATEML- 0 PARCEL ID 75-A-91 B installation of signalization and VDOT will secure actual traffic counts or .bth,er traff, is study to provide the warrants to initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage, or all, of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property. The traffic signal will be operational prior to the occupancy of any structure on the property. 5.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. 6). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: f Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: T e foregoing instrument was ackno ledged before this 10 day of ,ukz a0L (C' by JJ G No Public` ' vull page 3 luj Z 63((A))66A g H. P. HOOD, INC. d Q a ZONED: u-2 Q to Z 63((A))86B EX. USE: INDUSTRIAL Z H. P. HOOD, INC. DB: 300, PG: 9390 t,Nj m Z ZONED: M-2 DB: 935, PG: 739 d Z 0 Z IX. USE: INDUSTRIAL 75((A))91I 75((A))91D 0 u I w Z) _j � DB: 300. PG: 9390 1.0T 4D LOT 4C W m al � U DB: 935, PG: 739 THE MI.R COUP ANQS, I1.0 RkP RENTALS. LLC W Lj 75((A))91G ZONED: B-3 ZONED: B-3 ZONED: O h W Y LOT 4A EX. USE: AUTO USE: LOT AREA: 1.59 acres _j V) V 0 to SPIDERWEB TECHNOLOGY, LLC / SAIFS SERVICE W a 0_ W ZONED: B-3 INST: 05004507 DB:-04-2686 75((A))91E EX. USE: COMMERCIAL U 0 Y D8: 954, PG: 184D 75((A))91C LLl W PRELIP G PROPERTIESZONE LOT 3A p Z p N-13.LC HODGSON CONST., LLC Of p DB: 950, PG: 704 ZONED: B-3 ( 1 USE: COMMERCIAL. LOT AREA: 6.0238 acres DB:-02-228IZ v J PROFFER PROFFER 75((A))91F #3 a E I.OT 6 �, #2 -- (5 V ((A))82 CE OYMICHEAL D H IC L.EWIN—_- ,, h CAROLINE N ZONED: B-1 � �/�^ C � � 04 I '� y RIN IEWIN 1 ACRES ST. 01-14954 U � N N r 0400/0445 p o o' d a 63((A))83 75((A))91H \ 1 I-01 IMPROVEMENTS u�j J L > � BERT D. JOHNSON LOT 6A \ 12,685.02 S.F. _ . VIA T. JOHNSON PRELIP, MG PROPERTIES, LLC PROP. 0.281t ACRE M o `yE 0.20 ACRES ZONED: B-3 1.21 ACRES EXTROADWAY(\ LL N L- o ZONED: B-3 PROFFER \ a .. W - NST: 030010351 EX. USE: COMMERCIAL \ '0 V _ INST: 000009444 #S \ \ I I-81 Fes' t` E 63((A))B4 WILLIAM E. BROY \ DIPROVEMENTS Z 3 w LINDA L BROY 1 \\ 12,039.73 S.F. 0.33 ACRES 1 O.Z76t ACRES ZONED: B-3 D-B. 7Bo, PG. 556 63((A))85 VALLEY PROPERTIES LIMITED PR \ ( \ 90 Q 9.27 ACRES REGIONAL I ZONED: B-3 STM WATER I 1-81 Z Ln EX USE: COMMERCIAL MANAGEMENT \ IMPROVEMENTS X DB: 959, PG: 829 FACILITY \ 23.651.48 S.F. W JZPROFFER o.3t ACES #4 Z Z 0w _ U 75((A))61 SURVEY: C.I.: LOT 2 VENTURES 1 OF WWIJ CHFSTQt, .0 NA NONE 522.2,713 s.(. 75((A))IOA 11.998 Acres DRAM BY: JOB NO.: WINCHESTER-81, LLC ZONED: B-3 L[MITS OF 1-81 0502016 200 0 200 23.17 Acres VACANT IMPROVEMENTSRD SCALE: DATE: ZONED: B-3 INST. 050016459 USE: VACANT 1"=200' 4/7/06 DB: 721, PG: 190 SHEET: Scale 1" 200 ft OB: 813, PG: 593 Exhibit 1 CJ • • • Commonwealth Business Park, Lot 2 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: o 5-- 06, 12 acres PARCEL ID — 75-4-91 B Ventures I of Winchester, LLC Applicant: Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Project Name: Commonwealth Business Park, Lot 2 Original Date of Proffers: September 9, 2005 I V Revision Date (s): December 9, 2005 V January 12, 2006 February 13, 2006 March 24, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 16 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0502016 • 0 PROFFER STATEMENT PARCEL ID 75-A-91 B • Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The owner wishes to have this property rezoned to B2 to accommodate preferred land uses within a future subdivision of the land. The proposed layout and division of the parcel can be seen in Exhibit 1 of the rezoning application. The applicant recognizes that good planning practice demands that consideration be given to local traffic patterns and to the management of storm water runoff. Therefore, Rt. 1167, Commonwealth Court will be extended to the adjoining parcel to the south. See Proffer 1. Land will be reserved for the future construction of a new interchange between Interstate 81 and Route 37. See Proffer 2. The applicant will enter into an agreement with VDOT to provide funding for a traffic signal at the intersection of Route 11 and Route 1167. See Proffer 3. To the extent practicable, a storm water management facility will be constructed on the land to provide storm water control for the entire development. See Proffer 4. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 05SOG for the rezoning of • parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Extension of Route 1167, Commonwealth Court The applicant will pay for the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75-A-10A. This will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. 2.) Reservation of Land for a Future Interchange The applicant will reserve a portion of the TM 75-A-91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. Development of TM 75-A-91 B will be restricted from the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). • Upon receiving 180 days notice from the Virginia Department of Transportation, the page 2 C • PROFFER STATEMENT PARCEL ID 75-A-91 B applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 3.) Signalization Agreement . The applicant agrees to enter into a contractual agreement with the Virginia Department of Transportation for the construction of a traffic signal at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the installation of signalization and that VDOT will secure actual traffic counts or other traffic study to provide the warrants initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property owners. 4.) Storm Water Management The applicant agrees to construction a storm water, detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. The conditions proffered above shall be binding on the heirs, executors, administrators, • assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 5). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. Submitted By: for Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE • COUNTY OF FREDERICK, To -Wit: page 3 • 10 PROFFER STATEMENT PARCEL ID 75-A-91 B • The foregoing instrument was acknowledged before me this day of by Notary Public • • page 4 IMPACT ANALYSIOTATEMENT PARCEL ID 75-A-91 B • EXHIBIT 6 - PROFFER STATEMENT • • page 14 HALL, ONAHAN ENGLE MAHAN41 MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. ATTORNEYS AT LAW I a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777 1050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL Iawyers@hallmonahan.com January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Lynch Property Proposed Proffer Statement Dear Susan: JA [1 3 0 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0548 I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be suininarized at the beginning as set forth on the attached format. This format has been used on all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. HALL, MONAHAN, ENGLE, MAHANIR MITCHELL Susan K. Eddy January 27, 2006 Page 2 3. The first paragraph makes reference to a proposed layout and division of the parcel as set forth on Exhibit 1 of the Rezoning Application. If the proposed layout division of the parcel is material to the rezoning of the property, then there should be an affirmative proffer included in the proffer statement that the property will be developed in substantial conformity with the layout and division as set forth in the exhibit, which should be attached to the Proffer Statement. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: " ... the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): ". . . except to the extent that such conditions may be subsequently amended or - revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. In the second sentence of the third paragraph the word "codes" should be changed to "ordinances". 7. A paragraph should be added to the initial paragraphs which contains a description of the property, to include a description of the general location of the property, the title owner, the acreage, and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 8. With respect to Proffer # 1, the proffer should contain a requirement as to when the construction of the road will be completed; for example, before occupancy of any structure on the property. HALL, MONAHAN, ENGLE, MAHAN40 MITCHELL Susan K. Eddy January 27, 2006 Page 3 9. The second paragraph in Proffer # 1 is nnisplaced. This is a paragraph that should apply to all proffers, and should be inserted at the end of the Proffer Statement. 10. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. (See paragraph 3, above) It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is nny understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing conninents, please contact me. Very truly yours, Robert T. Mitchell, Jr. RTM/ks - Enclosure Jill Fries From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Friday, March 03, 2006 3:04 PM To: 'jill@painterlewis.com' Cc: Ingram, Lloyd; 'Susan Eddy'; 'Eric Lawrence' Subject: RE: Commonwealth Business Park - Lot 2 The documentation within the application to rezone this property appears to have a measurable impact on Routes 11 and 1167. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park - Lot 2 Rezoning Application dated February 13, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) From: Jill Fries [mailto:jill@painterlewis.com] Sent: Friday, March 03, 2006 9:00 AM To: Ingram, Lloyd Subject: RE: Commonwealth Business Park - Lot 2 Lloyd, Upon reviewing the February 13th document on file, it shows in Proffer #2 the words "appropriate compensation" have been removed. I am attaching a copy of the Proffer Statement to this email for your review. If you require a hard copy, please let me know and I will forward one to you today. Please let me know if this meets your requirements for approval. 3/3/2006 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. Attn: Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Applicant's Name: `j 1�1t1 C_ . �n �fJiS . R 1- • Telephone: lnloZ-51e1 Z Mailing Address: VIKkOAQ1 - Le_li� US, P- L -C - i1io 5- �S+. V Z Zlo p 1 Location of property: sec&k-cl @ .L(NCA o � .�)bkrh \S \QQ-C6-tci o� 1 e"lkL'i C'_41 � Current zoning: Zoning requested: B 2 Acreage: 1 a c-c , Notice to Fire Marshal — Please Return This Form to the Applicant 22 Frederick County Fire and Rescue Department Office of the Fire Mars ha Plan Review and Comments Control number Date received Date reviewed Date Revised RZ05-0010 9/12/2005 10/18/2005 Project Name Applicant Commonwealth Business Park Lot 2 Painter -Lewis PLC Address City State Zip Applicant Phone 116 S.Stewart Street Winchester VA 22601 540-662-5792 Type Application Tax ID Number Fire District Rescue District Rezoning 75-A-91 B 11 11 Current Zoning Election District B3 Recommendations Back Creek Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Fire Lane Required Yes Special Hazards No Additional Comments Site plan shall provide munciple water supplies for firefighting to meet the requirements of Frederick County Code section 90-4. Plan Approval Recommended Reviewed By Signature Yes 7INFA fVl b f-Dnn' nfn� COUNTY of FREDERICK September 21, 2005 Mr. Joh11 C. Lewis, P.E., C.L.A. Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, Virginia 22601 RE: Rezoning Proposal for Parcel I.D. # 75-A-91B Frederick County, Virginia Dear John: Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the proposed rezoning application for parcel # 75-A-91B and offer the following continents: Refer to Page 1, Introduction: The extension of Connnonwealth Court will require the relocation of the existing Cul-de-sac to the property line shared with Winchester 81, LLC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to Page 1, Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanism indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to acconurlodate point -source discharges derived from the stormwater management facility. I can be reached at 722-8221 if you should have any questions regarding the above connments. Sincerely, . Ate, Harvey E. Stra n� r r �` �i de J ., P.E. 5 Y � Director of Public Works HES/rls cc: Planning and Development file C:\Program Piles\WordPerfect ounce 11\Rlionda\'rEn[PCoN[n1EN,rs\connsenithctrezcom.«'pd 107 North Kent Street • Winchester, Virginia 22601-5000 0 Ln_,l Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia- 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: 36hr-� 0 . Lu, ` s , p_ t:. Telephone Mailing Address: -�)(a \i—TV 0 1 - Ul f s i P L _C_ � I . �n S . 5�.-U� �- -!- S-f . �L=t► lckl �_�`�'L�r . VA Z2-(,,0 L0U*2--6--1Cl2- Location of property: Lo eo-+c { @ 4,-,j o &- ly rn 6-n�a-raNh (-,+ . ktch �s �ocr�-4--fc1 + R4-3-1 1n-�UcchCLncc_ . Notice to Sanitation Authority - Please Return This Form to the Applicant 25 Rezoning Commeio • Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579- Applicant's Name: Tbhn (� . L2vv 1 S P• L • Telephone: Lo Lv 2 - 5-1 9 Mailing Address: Pat r +y; MC. U-u.) t.S . , R L. C°- - i vA zzu ) I Location of property: VOC.CJ_ k(,L (--' 0,1Qorvu-Y)c)nL0e ,_[4h Ct Y� n 0 p .. a-41 0±. IS Cc:-t_ 1 -1 ,buuY•�CI O -� � P� -t- , 11 2T, 31 Current zoning: (3 3 Zoning requested: Acreage:-C Notice to Fred -Wine Service Authority - Please Return Form to Applicant 32 Rezoning Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22602 (Rt-645-, -offof Rt-. 522 South) (540) 662-2422 Winchester, Virginia Applicant f tie n., ormat ir 'Inp"A ...J.oq�.as�Aqc b to assist the 9 _u orderWrnchestet apjy�as,-pps,q, q�-Jjf� Regional' !A- "II(jr. In of Y9W Pplicatibn. , location, A ap-O�rbff66tat6m ell Applicant's Name: Z-CA.-) t-N L Q_ V\j I S Telephone: , ��h'2 - 6 -� C) Mailing Address: �j ws) 0-- +' nO-h �SSAU-, VA 2-2- Lo Q I Location of property: LoqJg ck (2 U-)J 0 � eO�,Mon U-)eCAA-h 0+. -\yUC'h nc),4h o-� (Z+ i I ci- Rt 31 Current zoning: Zoning requested: QD 2 Acreage: 'I� ck-c- . Notice to Winchester Regional Airport - Please Return Form to Applicant 30 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant's Name: n . LP ,,k) l S P. L`-, . Telephone: L 62. -6-1 c 2 Mailing Address: �_�n�� t - jaw S Q. L. e . 1r\hn(,1we�+e-,, VA ?ztooi Location of property: l _eca4ecl P end J Cnnn�n�onu����l l h Cr - u�hkcb 6 I© n+gcl nni-4'n o� R+- 1 I * (ZA. 3-7 Current zoning: 3 Zoning requested: 6 L Acreage: is c-c_ . Notice to Department 23 • • WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA i September 23, 2005 Painter -Lewis, P.L.C. John C. Lewis, P.E. 116 South Stewart Street Winchester, Virginia 22601 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comments Commonwealth Business Park, Lot 2 Back Creek Magisterial District Winchester, Virginia Dear Mr. Lewis: We have reviewed the referenced rezoning proposal. Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. Thank you for providing us the opportunity to review these plans and for supporting the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director Administrative Assistant to the Superintendent Mr. John C. Lewis, P.E. Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 Dear Mr. Lewis: Frederick County Public Schools Visit us at www.frederick.k12.va.us September 16, 2005 RE: Rezoning Comments for Rezoning Proposal Parcel ID #75-A-91B e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Parcel ID #75-A-91B project. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully yours, Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Wh-tchester, VA 22604-2546 FAX 540-662-3890 0 i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 September 20, 2005 Ms. Sonya Summers Painter -Lewis, PLC 16 South Stewart Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Commonwealth Business Park, Lot 2 Rezoning; PIN# 75-A-91B Dear Sonya: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • IMPACT ANALYSIS®ATEMENT PARCEL ID 75-A-91 B section 0 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS i. INTRODUCTION A. SITE SUITABILITY B. SURROUNDING PROPERTIES C. TRAFFIC D. SEWAGE CONVEYANCE AND TREATMENT E. WATER SUPPLY F. DRAINAGE G. SOLID WASTE DISPOSAL FACILITIES H. HISTORIC SITES AND STRUCTURES • I. COMMUNITY FACILITIES J. OTHER IMPACTS • ac 3 3 4 5 6 6 6 6 6 7 7 APPENDIX 1 8 page 2 IMPACT ANALYSISWATEMENT PARCEL ID 75-A-91 B • L INTRODUCTION Ventures I of Winchester, LLC (the applicant) proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The applicant wishes to subdivide the current 12 acre parcel into 6 lots varying in sizes of 1 to 2 acres, and a re- gional storm water management lot of approximately 1 acre. Commonwealth Court, Va. Route 1167 will be extended from the existing cul-de-sac to the south to provide access to the adjacent parcel owned by Winchester-81, LLC. The applicant would like to rezone the tract to B2, Business General District from the current B3, Industrial Transition Zone. The proposed use is not known for all the lots. The surrounding parcels are all currently zoned B3. The existing, adjacent parcels have been developed generally for light com- mercial uses rather than transitional industrial uses. These uses include an indoor sports facility, auto sales and service facilities, contractor offices, and a manufacturer of precision instrument components. Chapter 165-82 of the Frederick County Zoning Ordi- nance says that B2, General Business District, areas should be located on arterial highways, at major intersections, and at interchange areas. The location of this parcel, at the interchange of 1-81 and Routes 37 and 11, is in conformance with the guidelines stated for B2 zoning areas. • A. SITE SUITABILITY The Frederick County Comprehensive Policy Plan does not include the subject parcel in any of its current study areas. The parcel does lie within the Urban Development Area (UDA) and Frederick County Sewer and Water Service Area (SWSA). The parcel is cur- rently zoned B3 and is located adjacent to an existing business park. The surrounding parcels of land are also zoned B3. The existing lots in the Commonwealth Business Center and have been developed. The surrounding property location and information can be seen on Exhibit 1. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows that the property is not within any floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property generally slopes from the northeast to the southwest. There appear to be no areas of concern with regards to steep slopes. Slopes on the site appear to be within the 2-7% range. • page 3 IMPACT ANALYSI*ATEMENT PARCEL ID 75-A-91 B • MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Carbo-Oaklet: 6C (2-15%). These silt loam soils are generally moderately deep to deep very rocky soils that are well drained. This soil type is often found on side slopes, hilltops and ridge tops. The unified soil classifications are CL, CH, and CL-ML. • Chilhowie: 813 (2-7%). These soils are generally moderately deep, gently sloping, and well drained. These silty clay loams commonly follow hilltops and are long and nar- row regions. The unified soils classifications are CL, CH, GC, MH, and GM. • Frederick-Poplimento: 14B (2-7%). These loam soils are generally very deep, gen- tly sloping, and well drained. These soils generally form along valley sides and are usu- ally long and narrow regions. The unified soil classifications are CL, CL-MH, CH, GC, and SC. B. SURROUNDING PROPERTIES The subject parcel is bordered to the south by a 23.17 acre vacant parcel owned by Winchester-81, LLC, TM# 75-A-10A. This parcel is currently zoned B3. It is assumed • that this parcel will most likely be developed in much the same manner as the nearby lots in Commonwealth Business Park with light industrial or commercial development. Its location, most notably its proximity to the Route 11, Route 37, and Interstate 81 In- terchange, demands a use benefiting from high visibility such as restaurants, retail, or hotel usage. To the west, the parcel is bordered by TM# 63-A-85, owned by Valley Properties Lim- ited PR. This parcel is 9.27 acres, zoned B3, and is the site of an auto parts distribution store. To the east is the Interstate 81 right-of-way. To the northeast is TM# 75-A-91C, a 6.02 acre parcel zoned B2 and the site of an indoor sports facility (Sportsplex). This parcel is owned by Hodgson Construction, LLC. To the north of the subject parcel and directly west of the Sportsplex is TM# 75-A-91 D, owned by R&P Rentals, LLC. This parcel is 1.59 acres, zoned B3, and is the current site of an auto body repair shop. Moving to the west is TM# 75-A-911, owned by David B. Holliday. This parcel is 1.31 acres, zoned B3, and is the site of an automobile sales and service lot. TM# 75-A-91 G is the west of the Holliday lot and is owned by Spiderweb Technology, LLC. This parcel contains one acre and is zoned B3. Spiderweb Technology, LLC manufactures cross hairs for precision instruments. To the west of the Spiderweb Technologies parcel is TM# 75-A-91 H, owned by Prelip, MG Properties, LLC. This parcel contains 1.21 acres and is zoned B3. The site is used for general contractor offices. Please see Exhibit 1. It is important to state that most of the uses of the surrounding lots are not used for • transitional industrial uses and that the character of the traffic consists generally of light - duty vehicles. This coupled with the fact that the location of this property is in agreement page 4 IMPACT ANALYSISOATEMENT 46 PARCEL ID 75-A-91 B with the guidelines set for in the Frederick County Comprehensive Plan for B2 zoning • make it an appropriate property for the B2 zone. C. TRAFFIC The extension of Commonwealth Court, as described herein, will result in a cul-de-sac length which exceeds 1000 feet. The Frederick County Subdivision Ordinance prohibits the construction of cul-de-sacs which exceed 1000 feet in length. A waiver from this provision, 144-17-G-(1), will be required from the Planning Commission prior to final approval of the subdivision plans. The extension of Commonwealth Court to the south will provide the only access to the 23.17 acre vacant parcel owned by Winchester-81, LLC, TM# 75-A-10A. No access will be permitted from this parcel directly to Route 11. It was necessary to make some assumptions about the future uses of the subject parcel in this rezoning request before a traffic analysis could be performed. First of all, a land use needed to be selected. Since the actual land uses are unknown at this time for the lots in question, we selected a retail use, which we believe will generate the most traffic intensive land use. Land use 814 - Specialty Retail Center was chosen from the ITE Trip Generation Manual, Seventh Edition to perform this traffic analysis. The second as- sumption made was the percentage of each lot area that would be built out into gross floor- space for a retail store. We felt that an average of 25% of the lot acreage would • be an accurate portrayal of the gross square footage of retail area on each of the lots. With this assumption the estimated gross square footage of retail space on this parcel would be 130,680 square feet. The current traffic conditions in the immediate area of the Commonwealth Business Park was also considered. According to figures published by the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 11, Valley Avenue, in 2004 was 17,000 vehicles at the intersection with, Route 1167, Commonwealth Court. The Average Daily Traffic on Route 1167, Commonwealth Court, in 2004 was not available. Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE Trip Generation Manual, Seventh Edition. Since no specific land use is being proffered for the site, the category of Land Use which will be applied to the 12 acres (6 lots) pro- posed for rezoning reflects the most intensive use, that is, retail sales. The type of retail use that will serve as a model for traffic impacts will be Specialty Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, and services such as real estate offices, dance studios, florists, and small restaurants. Specialty Retail Center, Code 814 Based on a projected gross leasable area of 130,680 square feet: ■ Weekday: 44.32 trips per 1000 sf = 5,792 trips ■ Weekday A.M. Peak Hour: 6.84 trips per 1000 sf = 894 trips ■ Weekday P.M. Peak Hour: 5.02 trips 1000 sf = 657 trips page 5 IMPACT ANALYSIAWATEMENT PARCEL ID 75-A-91 B ■ Saturday: 42.04 trips per 1000 sf = 5,494 trips • Sunday: 20.43 trips per 1000 sf = 2,670 trips D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. The public sewage system currently in- cludes an 8" line that extends to the end of the cul-de-sac of Commonwealth Court and extend to the northwest to service the Sportsplex. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. The existing public water system includes an 8" line that extends to the end of the cul-de-sac of Commonwealth Court and extend to the northwest to service the Sportsplex. F. DRAINAGE The surface water would generally move from the northeast in- the southwestern direc- tion across the parcel and then across the parcel to the south of the site, TM# 75-A-10A until reaching a low point at the edge of Route 37. It appears that the water is piped under the highway from this point. There appear to be several localized high points just to the north of the subject parcel. It appears that there is not a large amount of offsite water draining across the site. The slopes are also gentle across the site helping to keep runoff velocities below erosive velocities. The applicant is also proposing to construct a regional storm water management facility in the southwest corner of the property. The storm water management facility should be owned and maintained by a lot owners association. Please refer to the Proffer State- ment. G. SOLID WASTE DISPOSAL FACILITIES It can be assumed that the tenant on each lot will use dumpsters to service the needs of that particular business. It would therefore be of the responsibility of the individual lot owners to pay for the removal of the dumpsters accordingly. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Land- marks Register and the National Register. According to the Comprehensive Policy Plan, there are 22 identified historic sites as shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. Of these 22, 3 are considered a potentially sig- page 6 IMPACT ANALYSIWATEMENT PARCEL ID 75-A-91 B nificant site by the Rural Landmarks Survey of Frederick County. These 3 sites are • Carysbrook, Carysbrook Redoubt, and the Mervel Adams House. The location and proximity of all the historic landmarks can be seen in Exhibit 2. • The southeastern corner of the Kernstown Battlefield is just outside the -1 mile radius from the center of the subject parcel. The battlefield location with respect to the subject parcel can be seen in Exhibit 2. The subject property is not located in an area consid- ered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 3. I. COMMUNITY FACILITIES EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stephens City Volunteer Fire Company just off of Main Street in Stephens City. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model cal- culates that the projected capital cost for emergency service facilities attributable to this development is $00.00. Please refer to the attached Proffer Statement for additional in- formation. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capi- tal cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: v Public Library - $00.00; v Schools - $00.00 v Sheriff's Office - $00.00; v Administration Building - $00.00; v Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. page 7 IMPACT ANALYSIOFATEMENT PARCEL ID 75-A-9113 • IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - PROPERTY MAP 1 EXHIBIT 2 - HISTORIC STRUCTURES MAP 2 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP 3 EXHIBIT 4 - PROPERTY DEED 4 EXHIBIT 5 - CURRENT TAX STATEMENT 5 EXHIBIT 6 - PROFFER STATEMENT 6 • • 63((A))86A H. P. HOOD, INC. ZONED: M-2 63((A))86B EX. USE: INDUSTRIAL U' 1 H. P. HOOD, INC. DB: 300, PG: 9390 m ZONED: M-2 DB: 935, PG: 739 = Y Z F- EX. USE: INDUSTRIAL DB: 300, PC: 9390 75((A))911 75((A))91D LOT 4C J Q 0) o Z QQ 0_) � DB: 935, PG: 739 LOT 4D R&P RENTALS, W W Q THE MLR COMPANIES, LLC LLC 3 � O 75((A))91G LOT ZONED: B-3 ZONED: B-3 Z (n 4A SPfDERWEB EX. USE: AUTO USE: OFFICE/WAREHOUSE O W W Y TECHNOLOGY, LLC ZONED: B-3 SALES/SERVICE LOT AREA: 1.59 acres DB:-04-26862 M Z 0 U 75((A))91E EX. USE: COMMERCIAL INST: 05004507 m z1ox O m LOT 5 DB: 954. PG: 1648 m Q- 0 PRELIP M G fy W PROPERTIES LLC (1 ZONED: B-3Ll- DB: 950, PG: 704 75((A))91C I = V ( LOT 3A HODGSON CONST., LLC ZONED: USE: COMMERCIAL 75((A))91F LOT AREA: 6.0238 acres 3((A))82 LOT 8 OYCE MICHEAL D DB:-02-22812 ► f1 6L o H K. LEWIN & CAROLINE N O N M u IRIS LEWD) 1 ACRES ZONED: B-1 ST. 01-14954 i� co ^ 0) N N u� j '3 D: B-3 ' ' in I I m C14 040010445 �� ` \ �� ,., CN 63((A))89 ERT D. JOFD450N 75((A))91H 1 i 2 I-81 VIA T. JOHNSON _ LOT 6A LOT 1 �ROP. ROADWAY I IMPROVEMENTS N > uT J j - 0.28 ACRES PRELIP, '(Q� MG PROPERTIES, LLC 87,120 S.F. 1.21 ACRES 2.0000 ACRES EXTENSION I 4 - 12,685.02 S.F. r .0 ZONED: B-3 ZONED: H-3 \34,372 S.F. 34,3 0.291t ACRE _ � � o `o NST: 030010351 1 ACRE I \ \ m EX. USE: COMMERCIAL LOT 4 \ I cn r u 83((A))84 INST: 000009444 LOT 2 \ 87,120 S.F. \ W cn t aai WIl1dAM E. BROY 033 �'� 87,120 S.F. 2.0000 ACRES \ 2.0000 ACRES I I-B1 IMPROVEMENTS u o 'o � .- c r � 3 E Ui ACRES ___ - 12.039.73 S.F. Z ZONED: B-3 -_-- 63((A))85 1 I LOT 5 I 0.2763 ACRES D.B. 790, PG. 556 VALLEY PROPERTIES LIMITED PR I I 65,340 S.F. I 5d 9.27 ACRES 1.5000 ACRES, I ZONED: B-3 ECIONAL I a EX. USE: COMMERCIAL STM. WATER DB: 959, PG: 829 MANAGEMENT LOT ' I 1-81 C9 FACILITY 46,619 F. IIIMPROVEMENTS Z 41528 S.F. 1.0702 ACRE 23,651.48 S.F. W 9534 ACRE 0.5433 ACRES -J W Z Ou w \ LOT 2 SURVEY: C.I. VENTURES I OF WINCHESTER, LLC 522,713 s.f. NA NONE 75((A))l0A 11.998 Acres DRAWN BY: JOB NO. : WINCHES7ER-81, LLC ZONED: B-3 MITS OF I-81 20G 0 200 VACANT —� 23.17 Acres ZONED: B-3 INST. 050016459 IMPROVEMENTS RD 0502016 SCALE: DATE ® ® ® USE: VACANT DB: 721, PG: 190 1"=200' 12/09/05 Scale 1" = 200 ft DB: 813, PG: 593 SHEET: Exhibit 1 • • 1 1 YM BnRTTL FlELLD 1379 HISTORICAL PROPERTY KEY ��- - L �4 021 - WILLOW BROOK 76 A �^ 126 - HILANDALE 319 - CARYSBROOK** os 320 - CARYSBROOK REDOUBT** P 321 - HILANDALE EARTHWORKS 519 - CHURCH OF CHRIST HOUSE AND BARN 974 - LANTZ HOUSE 975 - HOUSE IN KERNSTOWN 976 - 3248 VALLEY AVENUE 79 92 / 977 - LORING RITTER HOUSE '''' \n�9 979 - 3400 VALLEY AVENUE 1041 1042 O 1 = Y � _Q1 L aZ 0 W ::) (N a 0 Z Z < O 5 x� U m Oo V)w 980 - MERVEL ADAMS HOUSE** w = � 981 - HANOVER HOUSE Lj 982 - HOUSE, RT. 11 SOUTH U 983 - HOUSE, RT. 11 SOUTH o 984 - VILLAGE AUTO SALES 985 - HORTON'S NURSERY V 1042 - HOUSE OFF RT. 651 1191 - RUSSELL HOUSE #2 J 1192 - RUSSELL HOUSE #1 1339 - STEELE-CLARK HOUSE N r1 0 Q1 (p 01 m to Lncf) N NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT I 0 N 01 ILo ID SITE AS DENOTED BY THE RURAL LANDMARKS �0 0 c SURVEY REPORT OF FREDERICK COUNTY W 3.E o °a J > -- w j C 'E 0 0 0 N a '� d W Lo u _ 0 Z E 3 w a a V) Of J W W U Z oz U W SURVEY: C.I.: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 SEM 0502016 SCALE: DATE: 1-=1200' 08/23/05 Scale 1' = 1200 ft SHEET: EX. i 11 CIVIL WAR SITES Im FrederIck County Plonning a Development Civil War Battlefields and .Sites Winchester, Virgiio (As Defined by the NPS Shenandoah Valley Civil War Sites Study) -.1ort—S 12-10-97 H. P. HOOD, INC. ZONED: M-2 63((A))86B EX. USE: INDUSTRIAL H. P. HOOD, INC. DB: 300, PG: 9390 ZONED: M-2 DB: 935, PG: 739 EX. USE: INDUSTRIAL DB: 300, PG: 9390 DB: 935, PG: 739 75((A))91G LOT 4A SPIDERWEB TECHNOLOGY, LLC ZONED: B-3 75((A))91E EX. USE: COMMERCIAL LOT 5 DB: 954, PG: 1648 PRELJP M G PROPERTIES LLC ZONED: B-3 DB: 950, PG: 704 75((A))91F LOT 6 3((A))82 OYCE MICHEAL D H K. LEWIN & CAROLINE N RIS LEWIN ZONED: B-1 1 ACRES ST. 01-14954 L1 ED: B-3 040010445 63(( BERT D.. JO JOHNSON 75((A))91H/ 6A VIA T. JG' -j 0 PRELJP, MGLOT PROPERTIES, LLC 0.28 ACRESRES (.1� i � 1.21 ACRES ZONED: B-3 ZONED: B-3 NST: 030010351 EX. USE: COMMERCIAL 63((A))84 INST: 000009444 WILLIAM E. BROY L NDA L. BROY 0.33 ACRES ZONED: B-3 63((A))85 D.B. 790, PG. 556 VALLEY PROPERTIES LIMITED PR 9.27 ACRES ZONED: B-3 EX. USE: COMMERCIAL DB: 959, PG: 829 75((A))91I LOT 4D THE MLR COMPANIES, LLC ZONED: B-3 EX. USE: AUTO SALES/SERVICE 1 INST: 05004507 / LOT 1 87,120 S.F. / 2.0000 ACRES 75((A))IOA WINCHESTER-81, LLC 200 0 200 23.17 Acres LN • ZONED: B-3 USE: VACANT DB: 721, PG: 190 Scale 1 " = 200 ft DB: 813, PG: 593 LOT 2 87,120 S.F. 2.0000 ACRES 75((A))91D LOT 4C /—R&P RENTALS, LLC ZONED: B-3 USE: OFFICE/WAREHOUSE LOT AREA: 1.59 acres DB:-04-26862 75((A))91C LOT 3A HODGSON CONST., LLC ZONED: B-3 USE: COMMERCIAL LOT AREA: 6.0238 acres DB:-02-22812 PROP. ROADWAY \ EXTENSION \34,372 S.F. \ 0\7891 ACRE \ LOT 4 I \ 87,120 S.F. \\ \1 2.0000 ACRES STM. WATER MANAGEMENT LOT FACILITY 46,619 \41,528 S.F. 1.0702 Aq ,Q9534 ACRE LOT 5 I 65,340 S.F. 1.5000 ACRES I I-81 IMPROVEMENTS 12,685.02 S.F. 0.291 f ACRE I-81 IMPROVEMENTS 12,039.73 S.F. 0.276f ACRES LOT 6 I IMPROVEMENTS 1 73,492 S.F. 23,651.48 S.F. 1 1.6872 ACRES I 0.543f ACRES 75((A))91BJ LOT 2 VENTURES I OF WINCHESTER, LLC 522,713 s.f. 11.998 Acres ZONED: B-3 VACANT INST. 050016459 EdMITS OF I-81 IMPROVEMENTS C� H m Z F- � Z �a�WD 3�awo O �ZNU Ld � O (n 0 �k0- maw �UmHOp O �Lv D O a_re LL. G✓ /��� V! LLI F— Q a + O N M U ui U) I� `n D N N � co (o U r U 0 (oCO C .0 O � .0 (D p� a U) v L a� D L_ C o +? o o Cn m -F- C0 U w SURVEY: C.I.: NA NONE DRAWN BY: JOB NO.: RD 0502016 SCALE: DATE: 1 "=200' 12/09/05 SHEET: Exhibit 1 C7 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for Commonwealth Business Park, Lot 2 Back Creek Magisterial District Frederick County, Virginia April 7, 2006 Prepared for: Ventures I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 email: office@painteriewis.com Job Number: 0502016 • IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B • IMPACT ANALYSIS STATEMENT • • TABLE OF CONTENTS i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 6 E. WATER SUPPLY 6 F. DRAINAGE 6 G. SOLID WASTE DISPOSAL FACILITIES 6 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 7 J. OTHER IMPACTS 7 APPENDIX 1 8 e page 2 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B L INTRODUCTION Ventures I of Winchester, LLC (the applicant) proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The applicant wishes to subdivide the current 12 acre parcel into about 6 lots varying in sizes, and a regional storm water management lot of approximately 1 acre. Commonwealth Court, Va. Route 1167 will be extended from the existing cul-de-sac to the south to provide access to the adjacent parcel owned by Winchester-81, LLC. The applicant would like to rezone the tract to B2, Business General District from the current B3, Industrial Transition Zone. The proposed use is not known for all the lots. The surrounding parcels are all currently zoned B3. The existing, adjacent parcels have been developed generally for light com- mercial uses rather than transitional industrial uses. These uses include an indoor sports facility, auto sales and service facilities, contractor offices, and a manufacturer of precision instrument components. Chapter 165-82 of the Frederick County Zoning Ordi- nance says that B2, General Business District, areas should be located on arterial highways, at major intersections, and at interchange areas. The location of this parcel, at the interchange of 1-81 and Routes 37 and 11, is in conformance with the guidelines stated for B2 zoning areas. 0 A. SITE SUITABILITY • The Frederick County Comprehensive Policy Plan does not include the subject parcel in any of its current study areas. The parcel does lie within the Urban Development Area (UDA) and Frederick County Sewer and Water Service Area (SWSA). The parcel is cur- rently zoned B3 and is located adjacent to an existing business park. The surrounding parcels of land are also zoned B3. The existing lots in the Commonwealth Business Center and have been developed. The surrounding property location and information can be seen on Exhibit 1. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows that the property is not within any floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property generally slopes from the northeast to the southwest. There appear to be no areas of concern with regards to steep slopes. Slopes on the site appear to be within the 2-7% range. page 3 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Carbo-Oaklet: 6C (2-15%). These silt loam soils are generally moderately deep to deep very rocky soils that are well drained. This soil type is often found on side slopes, hilltops and ridge tops. The unified soil classifications are CL, CH, and CL-ML. • Chilhowie: 8B (2-7%). These soils are generally moderately deep, gently sloping, and well drained. These silty clay loams commonly follow hilltops and are long and nar- row regions. The unified soils classifications are CL, CH, GC, MH, and GM. • Frederick-Poplimento: 14B (2-7%). These loam soils are generally very deep, gen- tly sloping, and well drained. These soils generally form along valley sides and are usu- ally long and narrow regions. The unified soil classifications are CL, CL-MH, CH, GC, and SC. B. SURROUNDING PROPERTIES The subject parcel is bordered to the south by a 23.17 acre vacant parcel owned by Winchester-81, LLC, TM# 75-A-10A. This parcel is currently zoned B3. It is assumed that this parcel will most likely be developed in much the same manner as the nearby • lots in Commonwealth Business Park with light industrial or commercial development. Its location, most notably its proximity to the Route 11, Route 37, and Interstate 81 In- terchange, demands a use benefiting from high visibility such as restaurants, retail, or hotel usage. To the west, the parcel is bordered by TM# 63-A-85, owned by Valley Properties Lim- ited PR. This parcel is 9.27 acres, zoned B3, and is the site of an auto parts distribution store. To the east is the Interstate 81 right-of-way. To the northeast is TM# 75-A-91 C, a 6.02 acre parcel zoned B2 and the site of an indoor sports facility (Sportsplex). This parcel is owned by Hodgson Construction, LLC. To the north of the subject parcel and directly west of the Sportsplex is TM# 75-A-91 D, owned by R&P Rentals, LLC. This parcel is 1.59 acres, zoned B3, and is the current site of an auto body repair shop. Moving to the west is TM# 75-A-911, owned by David B. Holliday. This parcel is 1.31 acres, zoned B3, and is the site of an automobile sales and service lot. TM# 75-A-91 G is the west of the Holliday lot and is owned by Spiderweb Technology, LLC. This parcel contains one acre and is zoned B3. Spiderweb Technology, LLC manufactures cross hairs for precision instruments. To the west of the Spiderweb Technologies parcel is TM# 75-A-91 H, owned by Prelip, MG Properties, LLC. This parcel contains 1.21 acres and is zoned B3. The site is used for general contractor offices. Please see Exhibit 1. It is important to state that most of the uses of the surrounding lots are not used for transitional industrial uses and that the character of the traffic consists generally of light - duty vehicles. This coupled with the fact that the location of this property is in agreement page 4 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B with the guidelines set for in the Frederick County Comprehensive Plan for B2 zoning make it an appropriate property for the B2 zone. C. TRAFFIC The extension of Commonwealth Court, as described herein, will result in a cul-de-sac length which exceeds 1000 feet. The Frederick County Subdivision Ordinance prohibits the construction of cul-de-sacs which exceed 1000 feet in length. A waiver from this provision, 144-17-G-(1), will be required from the Planning Commission prior to final approval of the subdivision plans. The extension of Commonwealth Court to the south will provide the only access to the 23.17 acre vacant parcel owned by Winchester-81, LLC, TM# 75-A-10A. No access will be permitted from this parcel directly to Route 11. It was necessary to make some assumptions about the future uses of the subject parcel in this rezoning request before a traffic analysis could be performed. First of all, a land use needed to be selected. Since the actual land uses are unknown at this time for the lots in question, we selected a retail use, which we believe will generate the most traffic intensive land use. Land use 814 - Specialty Retail Center was chosen from the ITE Trip Generation Manual, Seventh Edition to perform this traffic analysis. The second as- sumption made was the percentage of each lot area that would be built out into gross floor space for a retail store. We felt that an average of 25% of the lot acreage would be an accurate portrayal of the gross square footage of retail area on each of the lots. With this assumption the estimated gross square footage of retail space on this parcel would be 130,680 square feet. The current traffic conditions in the immediate area of the Commonwealth Business Park was also considered. According to figures published by the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 11, Valley Avenue, in 2004 was 17,000 vehicles at the intersection with, Route 1167, Commonwealth Court. The Average Daily Traffic on Route 1167, Commonwealth Court, in 2004 was not available. Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE Trip Generation Manual, Seventh Edition. Since no specific land use is being proffered for the site, the category of Land Use which will be applied to the 12 acres (6 lots) pro- posed for rezoning reflects the most intensive use, that is, retail sales. The type of retail use that will serve as a model for traffic impacts will be Specialty Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, and services such as real estate offices, dance studios, florists, and small restaurants. Specialty Retail Center, Code 814 Based on a projected gross leasable area of 130,680 square feet: ■ Weekday: 44.32 trips per 1000 sf = 5,792 trips ■ Weekday A.M. Peak Hour: 6.84 trips per 1000 sf = 894 trips ■ Weekday P.M. Peak Hour: 5.02 trips 1000 sf = 657 trips page 5 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B ■ Saturday: 42.04 trips per 1000 sf = 5,494 trips ■ Sunday: 20.43 trips per 1000 sf = 2,670 trips • D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. The public sewage system currently in- cludes an 8" line that extends to the end of the cul-de-sac of Commonwealth Court and extend to the northwest to service the Sportsplex. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. The existing public water system includes an 8" line that extends to the end of the cul-de-sac of Commonwealth Court and extend to the northwest to service the Sportsplex. F. DRAINAGE The surface water would generally move from the northeast in the southwestern direc- tion across the parcel and then across the parcel to the south of the site, TM# 75-A-10A Suntil reaching a low point at the edge of Route 37. It appears that the water is piped under the highway from this point. There appear to be several localized high points just to the north of the subject parcel. It appears that there is not a large amount of offsite water draining across the site. The slopes are also gentle across the site helping to keep runoff velocities below erosive velocities. The applicant is also proposing to construct a regional storm water management facility in the southwest corner of the property. The storm water management facility should be owned and maintained by a lot owners association. Please refer to the Proffer State- ment. G. SOLID WASTE DISPOSAL FACILITIES It can be assumed that the tenant on each lot will use dumpsters to service the needs of that particular business. It would therefore be of the responsibility of the individual lot owners to pay for the removal of the dumpsters accordingly. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Land- marks Register and the National Register. According to the Comprehensive Policy Plan, there are 22 identified historic sites as shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. Of these 22, 3 are considered a potentially sig- page 6 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B nificant site by the Rural Landmarks Survey of Frederick County. These 3 sites are Carysbrook, Carysbrook Redoubt, and the Mervel Adams House. The location and proximity of all the historic landmarks can be seen in Exhibit 2. The southeastern corner of the Kernstown Battlefield is just outside the 1 mile radius from the center of the subject parcel. The battlefield location with respect to the subject parcel can be seen in Exhibit 2. The subject property is not located in an area consid- ered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 3. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezon- ing requests. It is anticipated that the capital facility impacts of commercial and indus- trial rezoning requests are ultimately fiscally positive to the County by policy. Accord- ingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stephens City Volunteer Fire Company just off of Main Street in Stephens City. No additional fire and rescue facilities will be required for the • area proposed to be rezoned. The Frederick County Capital Facilities Impact Model cal- culates that the projected capital cost for emergency service facilities attributable to this development is $00.00. Please refer to the attached Proffer Statement for additional in- formation. is PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capi- tal cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: v Public Library - $00.00; v Schools - $00.00 v Sheriff's Office - $00.00; v Administration Building - $00.00; v Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. page 7 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B • • IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - GENERALIZED DEVELOPMENT PLAN 1 EXHIBIT 2 - HISTORIC STRUCTURES MAP 2 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP 3 EXHIBIT 4 - PROPERTY DEED 4 EXHIBIT 5 - CURRENT TAX STATEMENT 5 EXHIBIT 6 - PROFFER STATEMENT 6 page 8 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B • EXHIBIT 1 - GENERALIZED DEVELOPMENT PLAN 0 0 page 9 • 63((A))86A Z Y H. P. HOOD, INC. g Q 63((A))86B IX. USE: INDUSTRIAL. �� 0> H. P. HOOD, INC. DB: 300, PG: 9390 Z Z ZONED: M-2 IX. USE: INDUSTRIAL DB: 935, PG: 739 w w M — 0 DB: 300, PG: 9390 75((A))91I 75((A))91D z p w DB: 935, PG: 739 THE LOT 4D MLR COMPANIES, LLC LOT 4C R&P RENTALS, LLC � m Q � O O 75((A))91G ZONED: B-3 ZONED: B-3 w= p LOT 4A IX. USE: AUTO USE: OFFICE/WAREHOUSE J r L U SPIDERWEB TECHNOLOGY, LLC SALES/SERVICE LOT AREA. 1.59 acres p Q Z*zO 75((A))91E ZONED: B-3 IX. USE: COMMERCIAL INST: 05004507 DB:-04-26862 w w:�j Q_ W N Z ~ 0 0 LOT 5 DB: 954, PG: 1648 w U Q O a-� PRELIP M G 75((A))91C W Of g li PROPERTIES LLC LOT 3A LA ZONED: B-3 HODGSON CONST., LLC z p w O DB: 950, PG: 704 ZONED: B-3 to O O USE: COMMERCIAL LOT AREA: 6.0238 acres DB:—02-22812 75((A))91F PROFFER PROFFER J LOT s OYCE MICHEAL D # 2 # 3 E ((A))82 �— O H K. LEWIN & CAROLINE N N o K) o RIS LEWIN ZONED: B-1 ST. 01-14954Ln N 1 ACRES N I I D: B-3 040010445 N N L cD 63((A))83 1 \ \ W .� 00 C) ERT D. JOHNSON 75((A))91H� LOT 6A : I-81 �RO�� N > VIA T. JOHNSON 0.28 ACRES PRELIP, MG PROPERTIES, LLC \ \ 1 02 S.F. J 0 0 ZONED: B-3 1.21 ACRES ZONED: H-3 \ PROP. ROADWAY EXTENSION �1 \\ .291 0.291 t ACRE o 0 °� w o �, o o ST: 030010351 IX. USE: COMMERCIAL PROFFER \ N 63((A))84 INST: 000009444 #5 \ W co _ WILLIAM E. BROY ` ' I-81 F— c F— E E LINDA L. BROY 1 1 IMPROVEMENTS LLJ 0.33 ACRES 1 12,039.73 S.F. ZONED: B-3 63((A))85 0.276t ACRES D.B. 790, PG. 556 VALLEY PROPERTIES LIl[ITED PR 9.27 ACRES ZONED: B-3 REGIONAL EX. USE: COMMERCIAL STM, WATER MANAGEMENT I I r I-81 C DB: 959, PG: 829 ( I IMPROVEMENTS Z �IY PROFFER 23,651.48 S.F. F- Lj #4 I 0.543± ACRES _j Z U)— Z CD OZ LEE 75((A))91B u W LOT 2 SURVEY: VENTURES I OF WINCHESTER, LLC 522,713 s.f. NA NONE 75((A))10A 11.998 Acres DRAWN BY: JOB NO.: WINCHESTER-81, LLC ZONED: B-3 ITS OF I-81 200 0 200 23.17 Acres VACANT IMPROVEMENTS RD 0502016 ZONED: B-3 INST. 050016459 SCALE: DATE: USE: VACANT DB: 721, PG: 190 1 "=200' 4/7/06 Scale 1 " = 200 ft DB: 813, PG: 593 SHEET: Exhibit 1 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B 0 EXHIBIT 2 - HISTORIC STRUCTURES MAP • 0 page 10 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP 10 • page 11 CIVIL WAR SITES I. - (As Defined by the NPS Shenand ah Valley Civil War Sites Study) ' 12-10-97 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B 0 EXHIBIT 4 - PROPERTY DEED • 0 page 12 C50016459 . f THIS DEED made and dated this 8`}' day of July, 2005, by and between CLUSS PROPERTIES OF VIRGINI_A, LLC, a Virginia limited liability company, party of the • first part, hereinafter called the Grantor, and VENTMI OF, WINCHESTER, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10 00) Dollars, cash inhandpaid, and other good and valuable consideration, the receipt ofwhich D is hereby acknowledged, the Grantor does hereby grant and convey with general warranty ra is and English Covenants of title unto the Grantee, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of the following described tract or .= parcel of land; r C All that certain tract or parcel of land, lying and being situate in. Back b „ Creek Magisterial District, Frederick County, Virginia, containing 12.00 acres, and more particularly described and designated as Lot 2, on the final plat of Commonwealth Business Center, dated July 15, 1999, attached to the Deed of Dedication, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182 and by this reference w made a part hereof as if set out in full; AND BEING the same property conveyed to Cluss Properties of Virgaua, LLC, by Deed dated September 29,1999, from David B. Holliday, of record in the aforesaid Clerk's Office in Deed Book 948 at Page 1134. This conveyance is made subject to all easements, rights of way and restrictions oof record affecting the subject property, particularly those set forth in the Deed of 01 ►, G+ W. Dedication dated July 21, 1999, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182, and to the Covenants and Conditions set forth in the Deed dated September 29, 1999, of record in the aforesaid Clerk's Office in Deed Book 948 at Page l of 2 U, F1 Page 1134, which are incorporated herein by reference and made apart hereof as if set out in full WITNESS the following signatures and seats, CLU ERTIES OF VIRGINIA, LLC a V ited liability company By: (SEAL,) Steven E. Cluss, Member/Manager By: (SEAL) 'Teresa A. Cluss, Member/Manager STATE OF VIRGMA CITY OF WINCHESTER, TO -WIT I, J;a Notary Public in and for the State and jurisdiction afor said, do hereby certify that Steven E. Cluss and Teresa A. Cluss are Member/Managers of Cluss Properties of Virginia, LLC, a Virginia limited liability company, whose names are signed to the foregoing DEED dated the 81h day of July, 2005 has personally appeared before me and acknowledged the same in my State and junsdiction aforesaid Given under my hand this 8' day of July, 2005. My Commission expires q- n- OSl' NOT Y P LIC 10857CIum\AOEM -Clwito--wpd ViRUIMA f'lZkULitICKCUE ITT},5C-1' This instrument cat wntink watt prouut.cd tct a1c on and v.tfh cc rtcf,L it' uF r,c } ntrvh d ,1,� nt the ret,i „n 't was aclmttt,,ci tt, rekc,cd r lrn costd I;yS(:,- 58 i-L�U ( Q8. Page 2 of 2 Z 11) and 58 I-801 have pwn pmJ, if asses t, ,�f" , Clork • 050016460 Commonwealth of Virginia Space Above Thia Line For Recording Date THIS IS A CREDIT LIFE DEED OF TRUST (With Future Advance Clause) Parcel Identification Number and/or Tax Reference Number: O THIS IS A REFINANCE OF A DEED OF TRUST RECORDED IN THE CLERK'S OF , VIRGINIA, IN DEED BOOK PAGE IN THE ORIGINAL PRINCIPAL AMOUNT OF $ AND WITH THE OUTSTANDING PRINCIPAL BALANCE WHICH IS $ This document was prepared by (name, address): SHENANDOAH VALLEY NATIONAL BANK P 0 BOX 3550 WINCHESTER, VA 22804 1. DATE AND PARTIES. The date of this Credit. Line Dead of Trust (Security Instrument) is 07 11.20BB , and the parties and their addresses are as follows GRANTOR: VENTURES I OF WINCHESTER, LLC, A VIRGINIA LIMITED LIABILITY COMPANY 533 MERRIMANS LANE WINCHESTER, VA 22601 OFFICE, CIRCUIT COURT ❑ If checked, refer to the attached Addendum incorporated herein, for additional Grantors, their signatures and acknowledgments, TRUSTEE: RONALD F. MILLER CYNTHIA J LAYMAN IGO W JUBAL EARLY DRIVE IGO W JUBAL EARLY DRIVE WINCHESTER, VA 22801 WINCHESTER, VA 22601 LENDER: SHENANDOAH VALLEY NATIONAL BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA P 0 BOX 3550 WINCHESTER, VA 22604 2. CREDIT LINE DEED OF TRUST. THIS IS A CREDIT LINE DEED OF TRUST within the meaning of Section 55-58.2 of the Code of Virginia (1950), as amended. For purposes of such section, (I) the name of the noteholder secured by this Security Instrument is SHENANDOAH VALLEY NATIONAL BANK , (n) the address at which communications may be mailed or delivered to the noteholder is P 0 BOX 3550, WINCHESTER, VA 22804 1 and (m) the maximum aggregate principal amount to be secured Is 2,150,000.00 This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of VIRSINIA AGRICULTURA11COMERCIAL REAL ESTATE SECURITY INSTRUMENT INOT FOR FNMA, FHL)K FRA OR VA USE, AND NOT FOR CONSUMER PURPOSES) tPogo r of 10) Q11994, 2001 S&r*wa 5"ma, Inc , 3i Cloud, MN Form AGCC-RFSI-VA 4/4/2003 this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument, 3. CONVEYANCE. For goad and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property; SEE ATTACHED SCHEDULE A LEGAL DESCRIPTION The property is located in FREDERICKICLARKE at 12 ACRE PARCEL LOT 2 (County (or City)) COMMONWEALTH BUSINESS CENTER & WINCHESTERIBERRYVILLE , Virginia (Address) IcIty) IZip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property").. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows, A Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions,- renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) THAT PROMISSORY NOTE ISSUED TO VENTURES i OF WINCHESTER, LLC DATED 7111105 IN THE AMOUNT OF $2,150,000.00 AND MATURING ON 7111107 B. All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. if more than one person signs this Security Instrument, each Grantor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or any one or more Grantor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may--not-yet be advanced, All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C, All obligations Grantor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, Including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender. DD. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security instrument, This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. � (papr ? 01 ID) fExj —01994, 2001 Bank*n Systems, Inc . St Cloud, MN Form ACic"E91-VA 4/412003 CI"I fs, 5, PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Jnstrument, 6, WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees; A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C, Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the hen document without Lender's prior written consent S. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property 9, DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable, This covenant shall run with the Property and shalt remain in effect until the Secured Debt is paid in full and this Security instrument 0 is released, NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVENED. 10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Grantor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity, However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 1. ENTITY WARRANTIES AND REPRESENTATIONS. If Grantor is an entity other than a natural person (such as a corporation or other organization), Grantor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: iA. Grantor is duly organized and validly existing in the Grantor's state of incorporation or organization, Grantor is in good standing in all states in which Grantor transacts business. Grantor has the power and authority to own the Prop.erty and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Grantor operates. B. The execution, delivery and performance of this Security Instrument by Grantor and the obligation evidenced by the Secured Debt are within the power of Grantor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed In writing to Lender, Grantor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will preserve Its existing name, trade names and franchises until the Secured Debt /iis,,.s+yatisfie(Psiv 01p44, 2001 Bankwa Syalama, Inc , St Ckud, MN Forth AGCO RESINA 4/4/2003 CD Ul -r 12. PROPERTY CONDiTION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in 5 condition and make all repairs that are reasonably necessary. Grantor shall not commit or allow -_----------------waste,--Impairment,-or- deterioration- of-the-Property.-Grantor-will-keep-the-Propertyfree-of-nox weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substant change without Lender's prior written consent, Grantor will not permit any change in any lice, restrictive covenant or easement without Lender's prior written consent, Grantor will notify Londe all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to Property No portion of the Property will be removed, demolished or materially altered without Lender's f written consent except that Grantor has the right to remove Items of personal property comprisir, part of the Prop" that become worn or obsolete, provided that such personal property is repla with other personal property at least equal in value to the replaced personal property, free from title retention device, security agreement or other encumbrance. Such replacement of persc property will be deemed subject to the security interest created by this Security Instrument, Grar shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for Purpose of inspecting the Property. Lender shall give Grantor notice at the time of or before inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection, 13. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants container this Security Instrument, Lender may, without notice, perform or cause them to be perform Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary Eerformance. Lender's right to perform for Grantor shall not create an obligation to perform, i ender's failure to perform will not preclude Lender from exercising any of Lender's other rig under the law or this Security Instrument, If any construction on the Property is discontinued or carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's secu, interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants and conveys to Lenl as additional security all the right, title and interest in the following (Property). A Existing or future leases, subleases, licenses, guaranties and any other written or ver agreements for the use and occupancy of the Property, including but not limited to, F extensions, renewals, modifications or replacements lLeases), B. Rents, issues and profits, including but not limited to, security deposits, minimum ran percentage rents, additional rents, common area maintenance charges, parking charges, r, estate taxes, other applicable taxes, insurance premium contributions, liquidated damag following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenue royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights a claims which Grantor may have that in any way pertain to or are on account of the use occupancy of the whole or any part of the Property Rents). In the event any item listed as Leases or Rents is determined to be personal property, tl Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are tr and correct copies, The existing Leases will be provided on execution of the Assignment, and all the future Leases and any other information with respect to these Leases will be provide immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long Grantor is not in default, Grantor will not collect in advance any Rents due in future lease period unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents trust for Lender and Grantor will not commingle the Rents with any other funds, When Lender directs, Grantor will endorse and deliver any, pe menu of Rents from the. Property to Londe Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs managing, protecting and preserving the Property, and other necessary expenses. Grantor agrees th this Security Instrument is immediately effective as between Grantor and Lender and effective to thii parties on the recording of this Assignment. As long as this Assignment Is in effect, Grantor warrants and represents that no default exists undi the Leases, and the parties subject to the Leases have not violated any applicable law on lease; licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep, observe an perform, and require all other parties to the Leases to comply with the Leases and any applicable lava 0- (page ¢ of r 01994, 2001 Bankers Syatsma, Ina , St Cloud, MN form AGCO-RESI VA 4/4/2003 CD Ul r; if Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will Prom ptl..y_notif_y_Londer._If_Grantor_neglacts_or_refuses_to_onforce_comptiance_wlth_the_terms_of_the Leases, then Lender may, at Lender's option, enforce compliance, Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) wrthout Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross ne ligence or intentional torts, Otherwise, Grantor will indemnify Lender and hold Lender harmless for all loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold If the Property includes a unit to a condominium or a planned unit development, Grantor will perform all of Grantor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development, 16. DEFAULT. Grantor will be in default if any of the followingg occur: A. Any obligated on the Secured Debt fails to make payment when due; B. party A breach of any term or covenant in this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Grantor or any person or entity D, obligated on the Secured Debt; The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief taw to, Grantor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the. Secured Debt or that the prospect of any payment is impaired or the F. value of the Property is impaired; A material adverse change in Grantor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or G. repayment of the Secured Debt; or Any loan proceeds are used for a Purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M, 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Grantor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Grantor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender and Trustee shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Secunty Instrument and any related documents, including without limitation, the power to direct the Trustee to execute the trust created hereby and in so doing exercise all of the powers under applicable law and as set forth in Va Code Section 55-59 and 55-59.1 through 55-59.4, as in effect on the date of this Deed of Trust. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder -for cash at such time and place as Trustee designates, Trustee shall give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in affect at the time of the proposed sale. Advertisement required: Advertisement shall be sufficient if published in a newspaper having a general circulation in the County or City where the Property or some part thereof is located either (a) once a week for two weeks, or (b) once a day for three days, which may be consecutive days. Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers, Under this special or limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance to (G<+Ae 6 of f ) 0 1924, 2001 sinkora Syrtrmt, Inc , St Cloud, MN Form AGt;O flE51-VA 4/4/2003 burden the Property and that Trustee will specially warrant and defend purchaser or purchasers at the sale against all lawful claims and demand is through or under Trustee. The recitals in any deed of conveyance will be facts set forth therein. Upon sale of the Property, Trustee shall apply prescribed by law. Lender may purchase the Property, CQ CJl r ri the Property's p rty's title of the of all persons claiming by, prima facie evidence of the the proceeds in the order All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equrty, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 18. SECTION 55-60 OF THE CODE OF VIi3GINIA. This Security Instrument shall be construed to impose and confer upon the parties hereto, and the beneficiaries hereunder, all duties, rights and obligations prescribed in Section 55-60 of the Code of Virginia (1950), as amended, and in effect on the date of this Security Instrument, and the following provisions of that section are incorporated in this Security Instrument by short form reference: A. Exemptions waived. B, Subject to call upon default. C, Renewal, extension or reinstatement permitted. D. Any Trustee may act. E, Substitution of Trustees permitted. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in this Security Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt, Grantor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses, This Security Instrument shall remain in effect until released'. Grantor agrees to pay for any recordation costs of such release. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) -Environmental Law means, without limitation, the Comprehensive Environmental Response, 'Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 at seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a 'hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" "hazardous substance," or "regulated substance" under any Environmental Law ' Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property C Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law, D. Except as previously disclosed and acknowledged iri writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the (PRO* s or 101 01994, 2001 Hanlon syat*ma, [no, st Claud, MN Farm f.GCp HEBI-YA 4/4/2003 C=7 Property; or (2) any violation by Grantor or any tenant of any Environmental Law, Grantor wilt immediately -notify -Lender -in -venting -as -soon -as -Grantor -has -reason -to -believe -there -is -any -such - pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E, Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law, F, Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J, Lender has the right, but not the obligation, to perform any of Grantor's obligations under this K. section at Grantor's expense. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security L, Instrument. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property Any claims and defenses to the contrary are hereby waived 21. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Grantor agrees to maintain insurance as follows: A. Grantor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to -its type and -location. This insurance shall be maintained in the amounts and for the periods that Lender requires, What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld if Grantor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Grantor shall immediately notify (page 7 0( 11J0011 8? 1804, 2001 6ank*m Syrtamt, Inc, st Cloud, MN Form AGCO-f1ESINA 4/4/2.003 IFI� s.lr�-- Lender of cancellation or termination of the insurance. Lender shall have the right -to hold the policies and renewals, If Lender requires, Grantor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss If not glade Immediately by Grantor, Unless otherwise agreed in writing, all Insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option, Any application of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amount of any payments. Any excess will be paid to the Grantor. If the Property is acquired by Lender, Grantor's right to any Insurance policies and proceeds resulting from damage to the Properly before the acquisition shall pass to Lender to the extent of the Secured Dent immediately before the acquisition, B. Grantor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C, Grantor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23.ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 24.FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary, Grantor agrees to . sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Lender's lien status on the Property. 25.JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security instrument are Ioint and individual. If Grantor signs this Security Instrument but does not sign an evidence of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and Grantor does not agree to be personally liable on the Secured Debt, If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not Itmrted to, any anti -deficiency or one -action laws, Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent, Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender, 25.APPLICABLE LAW; SEVERABILiTY; INTERPRETATION. This Security Instrument is governed by the laws of the Jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the Jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument, Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 27.SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor or successors to any trustee without any other formality than the designation in writing, The successor or any successors to any trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security instrument and applicable law. ra•g•' 8 of 1 1984, 2001 Bsrdt+t+ Byat+ma, Inc, 3t Claud, MN Form AGCO-RESI VA 4/4/2003 Cn rr • 28. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on pa e 1 of_this_S_ecurity_Instrumentr_or_to_any -- other address designated in wrrting. Notice to one grantor will be deemed to be notice to all grantors. C] • 29. WAIVERS. Except to the extent prohibited by law, Grantor waives the benefit of the homestead exemption as to this obligation and any rights of appraisement and reinstatement. GRANTOR HEREBY EXPRESSLY WAIVES AND RELEASES ANY REQUIREMENT OR OBLIGATION THAT THE LENDER OR THE TRUSTEE PRESENT EVIDENCE OR OTHERWISE PROCEED BEFORE ANY COURT, CLERK, OR OTHER JUDICIAL OR QUASI-JUDICIAL BODY BEFORE EXERCISE OF THE POWERS OF SALE CONTAINED IN THIS SECURITY INSTRUMENT AND IN SECTION 55-59 AND SECTIONS 55-59.1 THROUGH 55-59.4 OF THE CODE OF VIRGINIA (1950), AS AMENDED. Y 30. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument• ❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property ❑ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. ❑ Cropa; Timber; Minerals; Rents, Issues and Profits. Grantor grants to Lender a security interest in all crops, timber and minerals located on the Property as well as all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental: programs (all of which shall also be included in the term "Property"). ❑ Personal Property. Grantor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other iteme of personal property Grantor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included p in the term "Property"). The term "personal property" specifically excludes that property described as "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. • Flying As Financing Statement. Grantor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 31.OTHER TERMS. if checked, the following are applicable to this Security Instrument. ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a 7.ero balance, this Security Instrument will remain in effect until released. ❑ Agricultural Property. Grantor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Grantor is an individual or entity allowed to own agricultural land as specified by law. ❑ Separate Assignment. The Grantor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instruments "Assignment of Leases and Rents" section. ❑ Additional Terms. F_m 1994, 2001 Bsnk.rs syrisms, Inc , St Cloud, MN Form AGM-RESINA 4/4/2003 IP+A0F 9 of IOJ r� • • U SIGNATURES: By signing below, Grantor agrees to the terms and covenants contained in this Secunty-Instrument_and in any attachments. _Grantor_ also acknowledges receipt of a copy of this Security Instrument on the date stated on —page-1 Witness the following signatures and seal$, Entity Name VENTURES I OF YJINni-irR R, LLC r�.....�� Seal} (Sign A P LYNCH,. MEMBER (signature) H PA ANUEL, MER (Da } {Seal) { nature ARD R KREME�MEMB�ERW (Signature) (Uate) ACKNOWLEDGMENT: , COUNTY (OR CITY) COMMONWEALTH OF iindivldOsq This Instrument was acknowledged before me this day of by My commission expires: (Uuo1rWm or Enihy Acknowl- adOmrrrtl OF (Notary Public) (Seal) ) ss. COMMONWEALTH OF VIRGINIA , COUNTY (OR CITY) OFss, This Instrument was acknowledged before me this I ITH day of JULY 2005 by MARK B LYNCH MEMBER; EDWARD R KREMER MEMBER H PAIGE MANUEi MEM#t (Tale{s}) of VENTURES I OF WINCHESTER, LLC (Name of Business or Entity) a VIRGINIA LIMITED LIABILITY COMPANY on behalf of the business or entity. My commission expires- li k-10-0 C 1994, 2001 Bankers Syatams, Inc , St Cloud, MN Form MC0-HM VA 4412003 IP8.90 10 of 10) Cr, • !7 r SCHEDDII:E A All that certain tract or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 12.00 acres, and more particularly described and designated as Lot 2, ou the final plat of Commonwealth Business Center, dated July 15, 1999, attached to the Deed of Dedication, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182 and by this reference made a part hereof as if set out in full; And Being the same property conveyed to Cluss Properties of Virginia, LLC, by Deed dated September 29, 1999, from David B. Holliday, of record in the aforesaid Clerk's Office in Deed Book 948 at Page 1134. VIRGINIA FREDERICKCOUNTY, SCT • Thts instrument of writing was produced to me an --:'+a-t-os and with cc; tificate of ac).nowledgemunt thereto nnexed was admitted to record T trrzposed by Sec 58 1-802 of and 581.901 have lien paid, if assessable /6-, Clcrk • IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B EXHIBIT 5 - CURRENT TAX STATEMENT 0 • • page 13 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 k05 REAL ESTATE TAXES OT 2 COMMONWEALTH BUSINE75 A 12.00 ACRES Acres: Land: 660000 Imp: VENTURES I OF WINCHESTER, LLC 533 MERRIMANS LN WINCHESTER, VA 22601-6207 Date 4/05/2006 Register: LKH/LK Trans. #: 34070 Dept # RE200502 Acct## 38731 Previous 91B Balance $ 1985.16 12.00 Principal Being Paid $ 1732.50 0 Penalty $ 173.25 Interest $ 79.41 Amount Paid $ 1985.16 *Balance Due $ .00 Pd by VENTURES I OF WINCHESTER, LLC Check 1985.16 # SVNB 1014 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2006 • e 0 IMPACT ANALYSIS STATEMENT PARCEL ID 75-A-91 B EXHIBIT 6 - PROFFER STATEMENT • 11 • page 14 0 • 1] Commonwealth Business Park, Lot 2 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: 05-06 12 acres PARCEL ID — 75-4-91 B Ventures I of Winchester, LLC Applicant: Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Project Name: Commonwealth Business Park, Lot 2 Original Date of Proffers: September 9, 2005 Revision Date (s): December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 April 7, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com PROFFER STATEMENT PARCEL ID 75-A-91 B Job Number: 0502016 . Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75-A-91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 05-06 for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 1), dated April 7, 2006, for the purpose of identifying the following proffered conditions. • 2.) Extension of Route 1167, Commonwealth Court The applicant will construct the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75-A-10A. This road extension will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. Adjustments in the alignment of the road through parcel 75-A-91 B may be made to accommodate an alternative subdivision layout provided the extension of the road is in place prior to the occupancy of any structure on the property. 3.) Dedication of Land for a Future Interchange The applicant will reserve a portion of the TM 75-A-91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. No development of TM 75-A-91 B will occur in the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 4.) Signalization Agreement The applicant agrees to construct a traffic signal, meeting VDOT standards, at the intersection of Route 11 and Route 1167. The application understands that Signalization • Agreements typically allow the development of the land to proceed without the page 2 1 PROFFER STATEMW • PARCEL ID 75-A-91 B installation of signalization and VDOT will secure actual traffic counts or ,other traff, ic1. study to provide the warrants to initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage, or all, of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property. The traffic signal will be operational prior to the occupancy of any structure on the property. 5.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. 6). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: f Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: T e foregoing instrument was ackno ledged before this 10 day of ROC; L by G YLf, No Public bo V r)I` UA- L Xi I9. 1r-3 / - 6 page 3 PROFFER STATEMENT PARCEL ID 75-A-91 B installation of signalization and VDOT will secure actual traffic counts or other traffic study to provide the warrants to initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage, or all, of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property. The traffic signal will be operational prior to the occupancy of any structure on the property. 5.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. 6). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: for Venture I of Winchester, LLC Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this day of by Notary Public page 3 5RI5CRES LEWIN �I A \ NED: B-3 040010445 63((A))83 BERT D. JOHNSON - 'LVIA T. JOHNSON 0.28 ACRES ZONED: B-3 INST: 030010351 63((A))84 WILLIAM E. BROY- LINDA L. BROY 0.33 ACRES ZONED: B-3 D.B. 790, PG. 556 PROFFER #4 63((A))86A H. P. HOOD, INC. ZONED: M-2 63((A))86B EX. USE: INDUSTRIAL H. P. HOOD, INC. DB: 300, PG: 9390 ZONED: M-2 DB; 935, PG: 739 EX, USE: INDUSTRIAL DB: 300, PG: 9390 75((A)LOT )911 75((A))91D LOT 4C DB: 935, PG: 739 THE MLR COMPANIES, LLC -R&P RENTALS, LLC 75((A))91G ZONED: B-3 ZONED: B-3 LOT 4A EK USE: AUTO USE: OFFICE/WAREHOUSE SPIDERWEB TECHNOLOGY, LLC SALES/SERVICE LOT AREA: 1.59 acres ZONED: B-3 INST: 05004507 DB:-04-2886 75((A))91E EX. USE: COMMERCIAL LOT 5 DB: 954, PG: 1848 PRELIP Y G- 75((A))91C PROPERTIES LLC LOT 3A ZONED: B-3 HODGSON CONST., LLC DB: 950, PG: 704 ZONED: B-3 USE: COMMERCIAL I LOT AREA: 6.0238 acres DB:-02-22812 75((A))91F PROFFER LOT 6 ` !! 2 OYCE MICHEAL D if do CAROLINE N ZONED: B-1 --*INST . 01-14954 75((A))91H 200 0 200 Scale 1" = 200 ft PREUP, MG PROPERTIES, LLC 1.21 ACRES ZONED: B-3 EX. USE: COMMERCIAL INST: 000009444 63((A))B5 VALLEY PROPERTIES LIMITED PR 9.27 ACRES ZONED: B-3 EX USE: COMYERCULL DB: 959, PG: 829 PROFFER #5 75((A))IOA WINCHESTER-81, LLC 23.17 Acres ZONED: B-3 USE: VACANT DB: 721. PG: 190 DB: 813, PG: 593 1 1 REGIONAL STY. WATER MANAGEMENT FACB.ITY � PROP. ROADWAY EXTENSION 1 LOT 2 VENTURES I OF WINCHESPER, LLC 522,713 s.f. 11.998 Acres ZONED: B-3 VACANT INST. 050016459 LIMITS OF I-81 IMPROVEMENTS PROFFER #3 1-81 IMPROVEMENTS 12,665.02 S.F. 0.291E ACRE 1-81 IMPROVEMENTS 12,039.73 S.F. 0.276E ACRES I-81 IMPROVEMENTS 23,651.48 S.F. 0.543E ACRES Z.1 5< w Q a a H N 0 > Z w1n Z w mZ� d�rnOZ LLI D >Om <wo W = Ln o O r r- w Y V) U LLI —:2dw rv31-Oo J Z Of w U g O 0_ 0_ Lj w mi O O � � U d U J a E O N 0) n a co r- rn c/ U N N UN ] 3 N I N to co v v � W y .0 00 v p v 0 0 J �v m L U V li 0 = 0 'E 0 (uW n _ - d a u (D L N V _ U y O C ~ E Zw Q Z U) J w w Z Zz 0w SURVEY: C.I.: VA NONE DRAWN BY: JOB NO.: RD 0502016 SCALE: DATE: 1"=200' 4/7/06 SHEET: Exhibit 1 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 April 7, 2006 1006 tel.: (540)662-5792 fax: (540)662-5793 email: office@painterlewis.com Mr. Mike Ruddy Frederick Co. Dept. of Planning and Development 107 North Kent St., Suite 202 Winchester, VA 22601 RE: Commonwealth Business Center, Lot 2 Parcel ID#75-A-91B Dear Mr. Ruddy, Enclosed, please find for your review an updated Impact Analysis for the above referenced pro- ject. Changes have been made to the document, as per your request. Please do not hesitate to contact this office if you have any questions or require additional information. Sincere , . � L eillries PAINTER-LEWIS, P.L.C. Enclosure cc: Mr. Paige Manual Ventures I of Winchester, LLC PAINTER-LEWIS, P.L.C. APR 20M Ike: �-• FREDOCK Time: - q:?3:09 4/05/06 [+, - COUNTY OF - - CORBETT, R. WAYNE 000038731 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2005 00059090002 P/I Date: 4/05/2006 4/05/2006 Name: VENTURES I OF HINCHESTER, LLC Bill Date: 12/06/2005 Half: 2 Name 2: Address: flap# : 75 A 91 B 533 MERRIMANS LN MMMMMDDSSLLLLSS WINCHESTER, VA Acreage: 12.00 Dist/Cls 04 / 02 Zip: 22601 - 6207 Mortg.Co.: Desc: LOT 2 COMMONHEALTH BUSINE SSN: 000 - 00 - 0000 12.00 ACRES 000 - 00 - 0000 Status: Land: $660,000 Improve: $0 Use: $0 Original Bill: $1,732.50 Credits: $.00 Discount: $.00 Penalty Paid: $.00 Int Paid: $.00 Last Date: 12/06/2005 Amount Owed: $1,732.50 Other: $.00 Setoff Claim #: 00000000 Total Owed: $1,985.16 Penalty: $173.25 Interest: $79.41 Prin. being Paid: 1732.50 Aging: 5 416670-o Dpt/Act cde Penalty being Paid: 173.25 Interest being Paid: 79.41 Total Amount Paid: 1985.16 Promise to Pay Date: F1=Amt Tender F2=Next Ticket F3=Exit F10=Funct Menu suant to the Frederick County Code, Chapter 86, Festi- vals; Section 86-3 C, Permit Required; Application; Issuance or Denial; for an Outdoor Festival Permit. Big Top Home Show to be Held on Saturday, June 3, 2006, from 9:00 A.M. to 7:00 P.M.; and Sunday, June 4, 2006, from 11:00 A.M. to 5:00 P.M., on Property Located at 1182 Martinsburg Pike, Winchester, Virginia and Owned by Preston I. Moffett, 1152 Martinsburg Pike, Winches- ter. Virginia. —_--- Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Fri- day, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5666. Conditional Use Permit #02-06 of Joseph Snapp and Robert Rhodes for a Wayside Market. This Property is Located at 1107 Cedar Creek Grade (Route 622), and is Identified with Property Identification Number 63-A-2- F, in the Shawnee Magisterial District. Rezoning #02-06 of Shenandoah University, Submit- ted by Patton Harris Rust & Associates, to Rezone 1.2 Acres from RP (Residential Performance) District to HE (Higher Education) District with Proffers. The Properties are Located on the East and West Sides of Tulane Drive (Route 797), Approximately 650' North of Mill- wood Pike (Route 50), and are Identified by Property Identification Numbers 64-A-109 and 64-A-110, in the Shawnee Magisterial District. Inquiries concerning the above may be addressed to the Office of Planning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Fri- day, 107 North Kent Street, Winchester, Virginia 22601. (540)665-5651. Interested citizens may appear before the Board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia; and the Bowman Library, Tasker Road, Stephens City, Virginia, the week of April 10, 2006. You Can Also Visit the Web at www.co.frederick.va.us) John R. Riley, Jr. County Administrator www.co.frederick.va.us 90OZ Boyce, VA.-(,]Tyrinwsoa� a STi ►ti r*c 540-837-9855 rounding area. Lisa timates. 540-336-5385 540-303-8286 Lawn C; NOTICE OF PUBLIC HEARING The Frederick County Planning Commission will hold a public hearing on Wednesday, April 19, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Win- chester, Virginia to consider the following: PUBLIC HEARING Rezoning #05-06 of Commonwealth Busi- ness Park, Ventures I of Winchester, LLC, submitted by Painter -Lewis, P.L.C., to rezone 12 acres from B3 (Industrial Transition Busi- ness) District to B2 (General Business) District with proffers.The property is located on Com- monwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 B. Rezoning #06-06 of Cedar Meadows (Age - Restricted Community), submitted by Green - way Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Perfor- mance) District with proffers, for 140 single fam- ily homes. The properties are located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersec- tion of White Oak Road and Tasker Road (Route 642), in the Opequon Magisterial Dis- trict, and are identified by Property Identification Numbers 75-A-106, 75-A-107, 75-A-114, 75-A- 115, 75-A-116 and 86-A-153. To consider a Request to Revise the Round Hill Community Land Use Plan, Including Expansion of the Sewer and Water Service Area (SWSA). The Round Hill area includes land generally located north and south of North- western Pike (Route 50), west of Route 37, and east of Crinoline Lane in the Gainesboro and Back Creek Magisterial Districts. Other Interested citizens may appear before the Commis- sion to speak on the above items. A copy of the agenda will be available at the Handley Library and The Bowman Library the week of the meeting. Further information may be obtained at the Depart- ment of Planning and Development, 107 North Kent Street, Winchester, Virginia or by calling (540) 665- 5651.You can also visit us on the web at: www.co.freder'ck.ya.us, STUMFb Call in rI 6 PREA1�•1 33 rs Yea A, ccoun4d Hours M•F Ye Bookkee Phil 540-6t In accor Water Ac are Sign( non-com 2005: JouaM ance fa, BOO, Grease o forth if Jouan ning o Rich Pr VV pab ance for for disch pab set forth also for bb Kjeldahl Off//fib forth in t time, Ric d paramete pe0 Trex, Inc. 7b A the 11' qu d Solids to forth in t time, Tr- d� paramete v� Winchesti non-compl •uh -Oil and Gr j its set fort this time, complianc discharge 9 0 I* is • 0 0 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 59090001 FRQ: 1 Sup#: 0 Name: CLUSS PROPERTIES OF VA, LLC Map#: 75 A 91 B Name 2: Address: Description: LOT 2 COMMONWEALTH BUSINI 302 N CAMERON ST 12.00 ACRES WINCHESTER, VA 22601 Bill Date: 06/06/2005 Due Date: 06/06/2005 Land: $660,000 Improve: _ = Use: Original Bill: $1,732.50 Payments: $1,732.50-, Discount: Penalty Paid:_ Int Paid: -__ ; Last Date: ;06/07/2005 Amount Owed: Other: Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time Please check the website again. Date Type Transaction # Amount Balance 6/6/2005 Charge 0 $1,732.50 $1,732.50 6/7/2005 Payment 9467 ($1,732.50) $0.00 1 se the print key for your browser to print a copy of taxes paid for this year. New Search . P.reyious . https://www.co.fredei iek.va.us/applications/REPtiblicInquiryiViewDetail. aspx 8/9/2005 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2005 REAL ESTATE TAXES LOT 2 COMMONWEALTH BUSINE75 A 12.00 ACRES Acres: Land: 660000 Imp: VENTURES I OF WINCHESTER, LLC 533 MERRIMANS LN WINCHESTER, VA 22601-6207 Date Register: Trans. #: Dept # Acct# Previous 91B Balance $ 12.00 Principal Being Paid $ 0 Penalty $ Interest $ Amount Paid $ *Balance Due $ 4/05/2006 LKH/LK 34070 RE200502 38731 1985.16 1732.50 173.25 79.41 1985.16 11 Pd by VENTURES I OF WINCHESTER, LLC Check 1985.16 # SVNB 1014 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2006 AN ;ILK COUNTY TA xSURER NORTH KENT STREET - SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540) 665-5607 E-mail Address BOrndoff@co.frederick.va.us For Tax Information & Online Payments WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature 0 0 Real Estate Public Inquiry Ticket Detail • Department# : RE2005 Ticket #: 59090002 FRQ: 2 Sup#: 0 Name: CLUSS PROPERTIES OF VA, LLC Map#: 91B 75 A Name 2: Address: Description: LOT 2 COMMONWEALTH BUSINI ------------------- 302 N CAMERON ST 12.00 ACRES WINCHESTER, VA 22601 E E Bill Date: lzlul""" Due Date: 12/05/2005 Land: $660,000 improve: Use: Original Bill: $1,732.50 Payments: Discount: Penalty Paid: Int Paid: Last Date. 12/06/2005, Amount Owed: $1,732.50 Other: Total Owed: $1,732.50 Penalty: Interest: Note that if payment has been received within the last 10 business days.. any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $1,732.50 $1,732.50 1 se the print key for your browser to print a copy of taxes paid for this year. FNejS=earqo 0 https://www.co.freden*ck.va.us/applications/REPubliclnquiryNiewDetail.aspx 8/9/2005 IMPACT ANALYS IOTATE M E NT • PARCEL ID 75-A-91 B • EXHIBIT 5 - CURRENT TAX STATEMENT • page 13 IMPACT ANALYSISEWATEMENT • PARCEL ID 75-A-91 B • EXHIBIT 4 - PROPERTY DEED is • page 12 r C50016459CD THIS DEED made and dated this 8`j' day of July, 2005, by and between CLUSS PROPERTIES OF VIRG , LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and VENTiJRESY OF, WINCHESTER, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10 00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt ofwhich is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of the following described tract or parcel of land: All that certain tract or parcel of land, lying and being situate 1n Back Creek Magisterial District, Frederick County, Virginia, containing 12.00 acres, and more particularly described and designated as Lot 2, on the final plat of Commonwealth Business Center, dated July 15, 1999, attached to the Deed of Dedication, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182 and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Cluss Properties of Virginia, LLC, by Deed dated September 29,1999, from David B. Holliday, of record in the aforesaid Clerk's Office in Deed Book 948 at Page 1134. This conveyance is made subject to all easements, rights of way and restnctions of record affecting the subject property, particularly those set forth in the Deed of Dedication dated July 21, 1999, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182, and to the Covenants and Conditions set forth in the Deed dated September 29, 1999, of record in the aforesaid Clerk's Office in Deed Book 948 at l Page 1 of 2 0 0 J • C_rl I.t 1 Page 1134, which are incorporated herein by reference and made a part hereof as if set out in full WITNESS the following signatures and seals, CLU ERTIES OF VIRGINIA, LLC a V i it liability company By: (SEAL) Steven E. Cluss, Member/Manager By: �_4, �— (SEAL) Teresa A. Cluss, Member/Manager STATE OF VIRGINIA CITY OF WINCBESTER, TO -'WIT I, ,r Q"do , a Notary Public in and for the State and jurisdiction afor said, do hereby certify that Steven E. Cluss and Teresa A. Cluss are Member/Managers of Cluss Properties of Virginia, LLC, a Virginia limited liability company, whose names are signed to the foregoing DEED dated the 8' day of July, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid Given under my hand this 8' day of July, 2005. My Commission expires q -,=n - 0 S( AK&4 I. Cr ts- NOT Y P013LIC 108530m\A\DEHD•C,u,rto—%pd VIRUINIA f"REDLKlCK(_0L1 T)f,S(T This tnstrumew cat wr,tinkwatt prc)uuted to me on and v, lh cc rt,rk to was 'Idn-, tt,�d to retr�1d F tmposul by&,, 58 1-IiU t Q4. Page 2 of 2 $.J. ^ , and 58 I-501 have 00011 patci, if dssesl, at 4e..-C A,4/rlr� , Clark 0 Commonwealth of Virginia Spence Above This Line For Recording Date THIS IS A (CREDIT LINE DEED OF TRUST (With Future Advance Clause) Parcel Identification Number and/or Tax Reference Number: O THIS IS A REFINANCE OF A DEED OF TRUST RECORDED IN THE CLERK'S OFFICE, CIRCUIT COURT OF , VIRGINIA, IN DEED BOOK , PAGE IN THE ORIGINAL PRINCIPAL AMOUNT OF $ AND WITH THE OUTSTANDING PRINCIPAL BALANCE WHICH IS $ This document was prepared by (name, address): SHENANDOAH VALLEY NATIONAL BANK P 0 BOX 3550 WINCHESTER,VA 22804 1. DATE AND PARTIES. The date of this Credit. Line Dead of Trust (Security Instrument) is O7 11-2005 , and the parties and their addresses are as follows GRANTOR: VENTURES I OF WINCHESTER, LLC, A VIRGINIA LIMITED LIABILITY COMPANY 533 MERRIMANS LANE WINCHESTER,VA 22601 ❑ If checked, refer to the attached Addendum incorporated herein, for additional Grantors, their signatures and acknowledgments. TRUSTEE: RONALD F. MILLER CYNTHIA J LAYMAN 100 W JUBAL EARLY DRIVE 1DO W JUBAL EARLY DRIVE WINCHESTER, VA 22601 WINCHESTER, VA 22601 LENDER: SHENANDOAH VALLEY NATIONAL BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA P 0 BOX 3550 WINCHESTER, VA 22604 2. CREDIT LINE DEED OF TRUST. THIS IS A CREDIT LINE DEED OF TRUST within the meaning of Section 55-58.2 of the Code of Virginia (1950), as amended. For purposes of such section, (I) the name of the noteholder secured by this Security Instrument is SHENANDOAH VALLEY NATIONAL BANK 00 the address at which communications may be mailed or delivered to the noteholder is P 0 BOX 3550/ WINCHESTER, VA 22804 and (m) the maximum aggregate principal amount to be secured is 2,150,000-00 This limitation of amount does not Include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of • VIRGIRi AGRICULTUOALICONMERCIAL REAL ESTATE SEQURirr ixmufAw iNor FOR FNMA, FHLK FFA OR VA U9E� AND NOT FOR CCNSU.MEER PUAF09E31 rpage r or ro) Q 1094, 2001 Bankws 5yst*ms, Inc , St Ckxld, MN Form AGCO-RIMI-VA 4/4/2003 Ask - 0 Cl C_n Li f,, t this Security Instrument to in this Security Instrument, CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: The property is located in FREDERICKICLARKE at 12 ACRE PARCEL LOT 2� (County (or City)) COMMONWEALTH BUSINESS CENTER & WINCHE$TERIBERRYVILLE , Virginia (Address) (City) (Zip Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, alf diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions,• renewals, modifications or substitutions, (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) THAT PROMISSORY NOTE ISSUED TO VENTURES i OF WJNCHESTER, LLC DATED 7111105 INTHE AMOUNT OF $2,150,000.00 AND MATURING ON 7111107 All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced, if more than one person signs this Security Instrument, each Grantor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or any one or more Grantor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may--not-yet be advanced, All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. All obligations Grantor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, Including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security instrument. This Security Instrument will not secure any the right of rescission. C.1"1 tJ`I • 5. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6, WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees. A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C, Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent S, CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Lender may require Grantor to provide to Lender copses of all notices that such amounts are due and the receipts evidencing Grantor's payment Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property 9, DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Properly and shall remain in effect until the Secured Debt is paid in full and this Security Instrument • is released. NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED. 10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Grantor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity, C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity, However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 11. ENTITY WARRANTIES AND REPRESENTATIONS. If Grantor is an entity other than a natural person (such as a corporation or other organization), Grantor makes to Lender the following warranties and representations which shall continue as long as the Secured Debt remains outstanding: A. Grantor is duly organized and validly existing in the Grantor's state of incorporation or organization, Grantor is in good standing in all states in which Grantor transacts business. Grantor has the power and authority to own the Property and to carry on its business as now being conducted and, as applicable, is qualified to do so in each state in which Grantor operates. B. The execution, delivery and performance of this Security Instrument by Grantor and the obligation evidenced by the Secured Debt are within the power of Grantor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, Grantor has not changed rts name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will preserve its • existing name, trade names and franchises until the Secured Debt %iss! ��- atisfieJ (��,®1D94, 200 i BankKa Sy.tsma, Inc , St Giaud, MN Form AGCO RESI•VA 4/412003 �/,r1' 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in g condition and make all repairs that are reasonably necessary. Grantor shall not commit or allow - --waste, - im pa irment, - o r--daterioratio n-- of--the-Property.- G rantor-wi I I _k eep-tho- Propertyfree-of-nox: weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substant change without Lender's prior written consent. Grantor will not permit any change in any licei restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lende all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to Property No portion of the Property will be removed, demolished or materially altered without Lender's g written consent except that Grantor has the right to remove items of personal property comprisin part of the Property that become worn or obsolete, provided that such personal property is repla with other personal property at least equal in value to the replaced personal property, free from title retention device, security -agreement or other encumbrance. Such replacement of persc property will be deemed subject to the security interest created by this Security Instrument, Grai shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for Purpose of inspecting the Property. Lender shall give Grantor notice at the time of or before inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 13. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants containec this Security Instrument, Lender may, without notice, perform or cause them to be perform Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary performance. Lender's right to perform for Grantor shall not create an obligation to perform, i Lender's failure to perform will not preclude Lender from exercising any of Lender's outer rig under the law or this Security Instrument. If any construction on the Property is discontinued or carried on in a reasonable manner, Lander may take all steps necessary to protect Lender's secui interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants and conveys to Leni as additional security all the right, title and interest in the following (Property). A Existing or future leases, subleases, licenses, guaranties and any other written or ver agreements for the use and occupancy of the Property, including but not limited to, 8 extensions, renewals, modifications or replacements (Leases), B. Rents, issues and profits, including but not limited to, security deposits, minimum ran percentage rents, additional rents, common area maintenance charges, parking charges, rr estate taxes, other applicable taxes, insurance premium contributions, liquidated damag following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenui royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights a claims which Grantor may have that in any way pertain to or are on account of the use occupancy of the whole or any part of the Property Rents). In the event any item listed as Leases or Rents is determined to be personal property, tl Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are tr and correct copies. The existing Leases will be provided on execution of the Assignment, and all the future Leases and any other information with respect to these Leases will be provide immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long Grantor is not in default. Grantor will not collect in advance any Rents due in future lease period unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents trust for Lender and Grantor will not commingle the Rents with any other funds, When Lender , directs, Grantor will endorse and deliver any, pa ments of Rents from the. Property to Lende Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs managing, protecting and preserving the Property, and other necessary expenses. Grantor agrees th this Security Instrument is immediately effective as between Grantor and Lender and effective to thu parties on the recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no default exists undo the Leases, and the parties subject to the Leases have not violated any applicable law on lease; licenses and landlords and tenants. Grantor, at its sole cost and ex ense, will keep, observe an perform, and require all other parties to the Leases to comply with the Leases and any applicable lay Q r, If Grantor or any party to the Lease defaults or fads to observe any applicable law, Grantor will _promptly_notifyLender.--If__Grantor_neglects_or_refuses_to_enforce_.compliance_with -the-terms-of-theLeases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases !unless the Leases so require) without Lender's consent. Grantor will not assign, compromise, . subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold If the Property includes a unit in a condominium or a planned unit development, Grantor will perform all of Grantor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development, 16. DEFAULT. Grantor will be in default if any of the following occur: A. Any party obligated on the Secured Debt fads to make payment when due; B. A breach of any term or covenant in this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Grantor or any person or entity obligated on the Secured Debt; D. The death, dissolution, or insolvency of, appointment of a receiver for, or application of any debtor relief law to, Grantor or any other person or entity obligated on the Secured Debt; E, A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; • F. A material adverse change in Grantor's business including ownership, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a Purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1944, Subpart G, Exhibit M, 17. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Grantor with notice of the Tight to cure, or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Grantor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender and Trustee shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to direct the Trustee to execute the trust created hereby and in so doing exercise all of the powers under applicable law and as set forth in Va Code Section 55-59 and 55-59.1 through 55-59.4, as in effect on the date of this Deed of Trust. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder -for cash at such time and place as Trustee designates, Trustee shall give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Advertisement required: Advertisement shall be sufficient if published in a newspaper having a general circulation in the County or City where the Property or some part thereof is located either (a) once a week for two weeks, or (b) once a day for three days, which may be consecutive days. Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance to • (papa 5 of i ) 0 19G4, 2001 6rnkrra Sy■hrru, Inc, St Cloud, MN Form AGCO flE51-VA 414/2003 ,� • 0 E • burden the Property and that Trustee will specially warrant and defend purchaser or purchasers at the sale against all lawful claims and demand through or under Trustee, The recitals in any deed of conveyance will be facts set forth therein. Upon sale of the Property, Trustee shall apply prescribed by law. Lender may purchase the Property, Q CJl c it the Property's title of the of all persons claiming by, Prima facie evidence of the the proceeds in the order All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at taw or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again, 18. SECTION 55-60 OF THE CODE OF VIRGINIA. This Security Instrument shall be construed to impose and confer upon the parties hereto, and the beneficiaries hereunder, all duties, rights and obligations prescribed in Section 65-60 of the Code of Virginia (1950), as amended, and in effect on the date of this Security Instrument, and the following provisions of that section are incorporated in this Security Instrument by short form reference: A, Exemptions waived. B, Subject to call upon default, C, Renewal, extension or reinstatement permitted. D. Any Trustee may act, E. Substitution of Trustees permitted. 19. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in this Security Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt, Grantor agrees to pay all costs and expenses 'incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses, This Security Instrument shall remain in effect until released. Grantor agrees to pay for any recordation costs of such release. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES, As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 at seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law ' Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. 8 Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property C Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law, D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the 01994, 2001 Bankwn Symemt, Ina, St Cloud, MN Form AGCP RESINA 4/4/2003 of 10) • E C7 Cn • Property; or (2) any violation by Grantor or any tenant of any Environmental Law, Grantor wilt -- --- --- -immediate ly- notify- Lender- in--wnting-as-soon-as-Grantor-has-reason -to -be lieve-there-is-any-such--- — pending or threatened investigation, claim, or proceeding. In such an event, Leader has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E, Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law, F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wella located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental Law, I, Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response 'and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; • and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security L, Instrument. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section shall survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property Any claims and defenses to the contrary are hereby waived 21. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security instrument. This assignment of proceeds is subject to the terms of any pnor mortgage, deed of trust, security agreement or other lien document. 22. INSURANCE. Grantor agrees to maintain insurance as follows; A. Grantor shall keep the Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to- its type and -location. This insurance shall be maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt, The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld If Grantor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Prop" according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause," Grantor shall immediately notify • (Page 7 0( 101 C I SE 4, 2001 Bankers s"ms, Inc , St Cloud, MN Form AGCO-RESWA 4/4/2003 n • L CIl CA Lender of cancellation or termination of the insurance. Lender shall have the right -to hold the policies and renewals, If Lender requires, Grantor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Grantor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any appiicatton of proceeds to principal shall not extend or postpone the due date of scheduled payment nor change the amount of any payments. Any excess will be paid to the Grantor. If the Property is acquired by Lender, Grantor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition, B. Grantor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Grantor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 23, ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be required to pay to Lender funds for taxes and insurance in escrow, 24. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary, Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary • to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Lender's lien status on the Property. 25.JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are Joint and individual. If Grantor signs this Security instrument but does not sign an evidence of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and Grantor does not agree to be personally liable on the Secured Debt, If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the otiligatson, These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lander and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender, 26.APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the Jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the Jurisdiction where the Property is located. This Secunty Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any sections in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument, Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 27.SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor or successors to any trustee without any other formality than the designation in • writing, The successor or any successors to any trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. �\ la•a• 8 of to) 0 1994, 2001 Bankers Systems, Inc , 9t Cloud, MN Form AGCO-RESI VA M412003 • 28. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's addreas on_page 1 of_this_S.ec.urity_Instrument,_or_to_any _ other s d addresesignatedin writing. Notice to one grantor will be deemed to be notice to all grantors. 29. WAIVERS. Except to the extent prohibited by law, Grantor waives the benefit of the homestead exemption as to this obligation and any rights of appraisement and reinstatement. GRANTOR HEREBY EXPRESSLY WAIVES AND RELEASES ANY REQUIREMENT OR OBLIGATION THAT THE LENDER OR THE TRUSTEE PRESENT EVIDENCE OR OTHERWISE PROCEED BEFORE ANY COURT, CLERK, OR OTHER JUDICIAL OR QUASI-JUDICIAL BODY BEFORE EXERCISE OF THE POWERS OF SALE CONTAINED IN THIS SECURITY INSTRUMENT AND IN SECTION 55-59 AND SECTIONS 55-59.1 THROUGH 55-59.4 OF THE CODE OF VIRGINIA (1950), AS AMENDED. 30. U,C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Security Instrument• L7 Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property ❑ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. ❑ Crops; Timber; Minerals; Rents, Issues and Profits. Grantor grants to Lender a security interest in all crops, timber and minerals located on the Property as well ns all rents, issues and profits of them including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar governmental programs (all of which shall also be "Property"). included in the term ❑ Personal Property. Grantor grants to Lender a security interest in all personal property located on or connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Grantor owns now or in the future and that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of which shall also be included in the term "Property"), The term "personal property" specifically "household • excludes that property described as goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. 0 Filing As Financing Statement. Grantor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 31. OTHER TERMS. if checked, the following are applicable to this Security Instrument. 0 Line of Credit. The Secured Debt includes a revolving line of credit provision, Although the Secured Debt may be reduced to a Pero balance, this Security Instrument will remain in effect until released. Q Agricultural Property. Grantor covenants and warrants that the Property will be used principally for agricultural or farming purposes and that Grantor is an individual or entity allowed to own agricultural land as specified by law. ❑ Separate Assignment. The Grantor has executed or will execute a separate assignment of leases and rents. If the separate assignment of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents" section. Q Additional Terms. • tPaga 9 or tot J <15E; � !C 1994, 200 t U,*A s 8yn.mz, Inc, st Ckvd, MN Form AOCO•RESINA 4/412003 ,_� E • SIGNATURES: By signing below, Grantor agrees to --—Secunty—Instrument_atddto any_ attachments. Grantor Security Instrument on the date staffd on -page 1--- Witness the following signatures and seats, Entity Name VENTURES I OF WINCHESTER, LLC r Sea!) (Sign A P LYNCH, MEMBER l0 te) eal) (Signature) H PA AN_,LYNCH,..., EL, MEMBER (Da } the terms and covenants contained in this also acknowledges receipt of a copy of this al +Seal) ( nature ARD R KREMER, MEMBER te) (Seal) (Signature) (Date) ACKNOWLEDGMENT: COMMONWEALTH OF ,COUNTY (OR CITY) (individual) This instrument was acknowledged before me this day of by My commission expires: • Igu.lneu or En1hy Acknowi- AdOmem) • OF (Notary Public) 1 ss, COMMONWEALTH OF VIRGINIA _,COUNTY (OR CITY) OF �`( ec�r►ck. } ss. This instrument was acknowledged before me this 11TH day of JULY 2005 by MARK P LYNCH MEMBER; EDWARD R KAEMER MEMBER H PAIGE MANUEL MEMBER (?ltlela}) (Name of Business or Entity) of VENTURES f OF Wlts!CHESTER, !LC a VIRGINIA LIMITED LIABILITV COMPANY __ on behalf of the business or entity. My commission expires- 01994, 2001 aankwa Syrtwns, Inc, St Cloud, MN Form NXG-nE31 VA 4J442003 (pogo 10 of 10) 0 E • • 0 SCHEDjjE A CD f7 All that certain tract or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 12.00 acres, and more particularly described and designated as Lot 2, on the final plat of Commonwealth Business Center, dated July 15, 1999, attached to the Deed of Dedieafaon, of record in the aforesaid Clerk's Office in Deed Book 942 at Page 1182 and by this reference made a part hereof as if set out in full, And Being the same property conveyed to Cluss Properties of Virginia, LLC, by Deed dated September 29, 1999, from David B. Holliday, of record in the aforesaid Clerk's Office in Deed Book 948 at Page 1134. VIRUINIA FREDERWK COUNTY, SCT "is instrument of m7itnig was produced to rile on at Z and witli cc: tzficate 0f Icknowlcdgement thereto Gnexed was adimtted to record T trnpersul by SLc 58 1-802 of $ 111"6— . and 581.901 have bmn paid, if ( sable 44�e-4 , Clcrk got. I L E C 9 Y a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 17, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning 905-06 for Commonwealth Business Park. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd Venture I of Winchester PO Box 154 Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 o' a N o o r o �j /1 Vl to N V � C" w a. C) BB&T Checking RECEIVED FROM ADDRESS -y FOR DATE No. 2737 VJ m -4 J-A L c 106 DDLLARS $ 4 d50-0 "W 1 asn -i S-A- q 16 sml�m1 ■ AMT OF ACCOUNTAMT. PAID 7�'H-AEcH aBALANCEOUE ,. BY 5EI 6,0?0.[ 6.020.0 1 1 W4 • �le�lr9c::iz )o 4m Watcr times, ►'T1,0N fr►11 aoa - ar� :t. N /! FREDERICK COT A X R E C E I P T C � COUNTY RNDOFF, JR P•O' Ticket Date #:00005330001 WINCHESTER Register: 3/28/20T06 SIGN VA 22604-0225 Trans. #; DEPOSITS PLANNING 17294 Accpt## 1095 Previous Balance $ Principal Being100.00 Penaltyd 100.00 Interest .00 Amount •00 Paid $ *Balance Due 100.00 BALANCC PLANNING & DEVELOPMENT $ DUE INCLUDES PE00 NALTY 3/28/06 Cash •00 /INTEREST Check 11670.00 THRU THE MONTH 3/2006 VARIOUS M do Budder of towns. Creator of value. 5125 COUNTY ROAD 101 • #100 • MINNETONKA, MN 55345 -'PHONE: 952/294-0353 • FAx: 952/294-0151 • WEB: www.oppidan.com April 12, 2006 Lloyd A. Ingram Transportation Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Gander Mountain - Winchester, VA Dear Mr. Ingram: Thank you for taking the time'to meet with us regarding this project in Mike Ruddy's office on March 22. Please be advised that Gander Mountain has conducted traffic counts at six of their stores that are approximately the same size as the store planned for Winchester (57,300 square feet). They have found that their counts are very much in line with the trip generation rates for a specialty retail store from the 2003 ITE Trip Generation Reports. We assume that you have access to this report. If that is not the case, please let me know exactly what additional information you need from us. The addition of a traffic control light at the intersection of U.S. Route 11 and Commonwealth Drive is a requirement of the lease with Gander Mountain; thus making this project contingent upon the addition of this traffic control light. We would appreciate your input at your earliest convenience as we are moving ahead and spending money as though this will be approved. Thanks for your help. Very t ly your, L ence . Barrett Cc: Michael T. Ruddy Dennis Crowe Patrick Barrett Jared Olson L2 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 March 24, 2006 Mr. Michael Ruddy Frederick Co. Dept. of Planning and Development 107 North Kent St., Suite 202 Winchester, VA 22601 RE: Commonwealth Business Center, Lot 2 Parcel ID#75-A-91 B Dear Mr. Ruddy, tel.: fax: email: (540)662-5792 (540)662-5793 office@painterlewis.com Enclosed, please find for your review/approval an Impact Analysis, a Rezoning Application, submittal fee and copies of agency comments for your review. Please do not hesitate to contact this office if you have any questions or require additional information. Sincerely, 3i11 F es PAINTER-LEWIS, P.L.C. Enclosure cc: Mr. Paige Manual Ventures I of Winchester, LLC PAINTER-LEWIS, P.L.C. 0 0- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 26, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-06 FOR COMMONWEALTH BUSINESS PARK, VENTURES I OF WINCHESTER, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 10, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-06 of Commonwealth Business Park, Ventures I of Winchester, LLC, submitted by Painter -Lewis, P.L.C., to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers. The property is located on Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 B. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that 1he attached correspondence was mailed to the following on k1-6 /06 from the Department of Planning and Development, Frederick County, Virginia: 75 -A- - 91-G 75 -A- - 91-B SPIDERWEB TECHNOLOGY, LLC VENTURES I OF WINCHESTER, LLC 920 BRECKINRIDGE LN 533 MERRIMANS LN 1�►� WINCHESTER, VA 2260'1-6707 WINCHESTER, VA 22601.6207 75 • A• • 91•I THE MLR COMPANIES, LLC PAINTER-LEWIS, P.L.C. 116 South Stewart St. Winchester, VA 22601 75 -A- - 10-A WINCHESTER-81 L L C CIO UROUHART & CO 14144 WALTON DR MANASSAS, VA 20112.3701 63 - A- - 85- VALLEY PROPERTIES LIMITED PR 2635 E MILLBROOK RD RALEIGH, NC 27604.2809 75 -A- - 91-H PRELIP, M G PROPERTIES LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602.5322 75 -A- - 91-C HODGSON CONSTRUCTION, LLC 1180 APPLE PIE RIDGE RD WINCHESTER, VA 22603.3301 185 COMMONWEALTH CT WINCHESTER, VA 22602.5322 75 -A- - 91-D R & P RENTALS, LLC 201 COMMONWEALTH CT WINCHESTER, VA 22602.5347 75 - A- - 90- GLAIZE DEVELOPMENTS, INC PO BOX 888 WINCHESTER, VA 22604.0888 Michael T. Ruddy, Deputy Planning Direc or Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,Alzold—d. a Notary Public in and for the State and County aforesaid, d hereby certify that 1\ hael T. Ruddy, Deputy Planning Director for the Department of Plann'ai d Development, whose name is signed to the foregoing, dated qZ6, 7y 6 , has personally appeared before me and acknowledged the same in my State and Cbunty aforesaid. Given under my hand this ���� day of Ok My commission expires on N45TARY6kBLIC r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 5, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-06 FOR COMMONWEALTH BUSINESS PARK, VENTURES I OF WINCHESTER, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 19, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-06 of Commonwealth Business Park, Ventures I of Winchester, LLC, submitted by Painter -Lewis, P.L.C., to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers. The property is located on Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 B. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 75 -A- - 91-G 75 -A- - 91-B SPIDERWEB TECHNOLOGY, LLC VENTURES I OF WINCHESTER, LLC 920 BRECKINRIDGE LN 533 MERRIMANS LN WINCHESTER, VA 22601-6707 WINCHESTER, VA 22601-6207 b� 75 -A- - 91-1 PAINTER-LEWIS, P.L.C. THE MLR COMPANIES, LLC 116 South Stewart St. Winchester, VA 22601 75 -A- - 10-A WINCHESTER-81 L L C CIO URQUHART & CO 14144 WALTON DR MANASSAS, VA 20112.3701 63 - A- - 85- VALLEY PROPERTIES LIMITED PR 2635 E MILLBROOK RD RALEIGH, NC 27604-2809 75 -A- - 91-H PRELIP, M G PROPERTIES LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602.5322 75 -A- - 91-C HODGSON CONSTRUCTION, LLC 1180 APPLE PIE RIDGE RD WINCHESTER, VA 22603.3301 STATE OF VIRGINIA COUNTY OF FREDERICK 185 COMMONWEALTH CT WINCHESTER, VA 22602.5322 75 -A- - 91-D R & P RENTALS, LLC 201 COMMONWEALTH CT WINCHESTER, VA 22602.5347 75 - A- - 90- GLAIZE DEVELOPMENTS, INC PO BOX 888 WINCHESTER, VA 22604-0888 Michael T. Ruddy, Deputy Plarming Director Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do 1 reby certify that Mi hael T. Ruddy, Deputy Planning Director for the Department of Plann*g and Development, whose name is signed to the foregoing, dated Z/As� , has personally appeared before me and acknowledged the same in my State anfl County aforesaid. Given under my hand this day of ©� My commission expires on l�j� � Q-0 b 7 1/eAJ 1,S k:BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print sets of `%131a(-�to 5. The Code of VirLyinia allows us to request full disclosure of ownership In r rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: VPn{ureS L o� vJknChCsAr-- L.LL 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER "15-A-InA Z `75-A-gINF / '15-A-91C '15 - A-91r- -15-A-CIIr � -15-A-c11L -15-A-gl D USE �jus�nesS \,(A CA N -r ConnrnFi2CiAL CO rvl. rn E-Rc i A L CONMrVir=(zc iA,I, C0rvlmE2ciAL Co mcnere ( a_ .A —to Sa.1e5 /5ervrce- D/""criotx-Se_ ZONING b-3 13-3 9-3 6-3 a -3 (3-3 13-3 Z-3 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): L 3ecL a�- -4 ► S ec-,cL_ J ComroonWe ►An Q,ou 1(VA RoL1r� I It, 7) 1 Nh� Nr" 1S \oCc,4-r'A- norIV-i 4 R+- 11 4 R-1 . 3-1 %nA-CrClncan %2 . 12 V eAJ-77,S 1— TO:BARBARA-DATA PROCESSING tu — l FROM:BEV - PI nning Dept. Please print sets of �3119P HANKS! 5. The Code of Virainia allows us to request full disclosure of owners ip 1n relation to rezoning applications. -\ Please list below all owners or parties in interest of the land to be rezoned:-.- l� �Pn-�-«.re S -�-. o-� lrJ ►nches-I�c- t_C_ � ���� <f 6. A) Current Use of the Property: Vo cc,- -, + B) Proposed Use of the Property: Qus� neSS 7. Adjoining Property: PARCEL ID NUMBER 15-A-i to3-4-a5 15•rv-911* '15-A-g1C 95-a--91C -15-A--wiC-, -IS-A - CHI `15-A,- 91 USE \fAcA-,,t-7 _ Co t-n.rn&RC ► A 1. Co mrn Etc i A- L COntml=2c1A-U C-Ory�-'-n F.2c i A- L cornmer-cIa.I Aw-tio SoAesIS.trvrcer D � •=tci✓ / VJC)-fehoLa-5 e✓ ZONING f3 - 3 Z-3 Z-3 S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): t.acc e-cL O-A--V-be- e-nC.. o� 00rn.rr1on c(-J4-►rl Q.ov..rA -,/ARoLL-aE- iltni)' NK)ViNrh 1S �ocr A-e L nor !h ok Rt 11 -- 243-7 a ot 12 DEPT. OF GEOGRAPHIC IM '�iTION SYSTEMS FREDERICK COUNTY, V RGINIA GIS, MA—PPING, GRAPHICS WORKQUEST DATE RECEIVED:_41 O TED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Com.Pauy:_ Njaj g and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT; DESCRIPTION OF REQUEST: (Write o Lo --Zo AJ fil A 1 DIGITAL: SIZES: COLOR: FAX: BLACKIWl-=: . . NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUEZED: AMOUNT PAID: CHECK NO-# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: DATE & TIME 3 z7 06 Received by Clerical Staff (Date & Time): �' z Z j 0