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HomeMy WebLinkAbout02-19 CB Ventures, LLC - Stonewall - PIN 43-A-48E - B2 to B3 - Backfiler REZONING TRACKING SHEET I'l- rr i ;vf. Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement File opened Reference manual updated/number assigned Z D-base updated Copy of adjoiner list given to staff member for verification l> Color location maps ordered from Mapping AD Scan documents to Planning S: drive 7�1 / 19 Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: 4_11 c 11 �� Board of Supervisors Meeting ACTION: lb Ilm 1 19 io li Sys ID # Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended DATE- �� RECEIVED FROM��— ADDRESSI 1, f. .. ,: FOR I ACCOUNT..', HOW.PAID:' B GIINNING CASH ' 6 LANCE AMOUNTI CHECK . ; PAID BALANCE MONEY DUE ORDER RIECEIPT-0-` F , By ©2bQ1 RE�iFORMea S1 G57N-CL CB VENTURES 3029 69.222/522 PAYTOTIIE ( nn�r acli[CKAIAIQR QW)EROF �rP C%�P�I' Ci1C cow ",-,, "-- rPc,.� stmDOLLoMARS 11t >, COMMUNITY BANK 202225i. L01o11274391►' 3029 COUNTY of hIZEDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 5, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial, LLC Property Identification Number (PIN): 43-A-48E Dear Evan: I have had the opportunity to review the draft rezoning application for the CB Ventures Commercial. This application seeks to rezone 1.04 acres from the B2 (Business General) with proffers to the B3 (Industrial Transition) District with proffers. The review is generally based upon the proffer statement dated May 10, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the Submission. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed B3 zoning is consistent with the current land use supported by the Comprehensive Plan. 2. Proffers. It is recommended that the entire development (parcels 48E, 48D, 488C, 4813) be included in this revision. The proffers for improvements are linked to all parcels with the original rezoning and therefore should be continued with this revision for clarity. The original proffer regarding the prohibition of metal buildings should be retained. 3. Transportation Enhancements. Proffer B 1 references parcel 43-A-48 — this needs to be updated — parcel 48 is the Sheetz property. Page 2 Mr. Evan Wyatt RE: CB VCntul'es C011llllcl'eial Junc 5, 2019 4. Apency Comments. Please provide appropriate agency comillcilts from the following agencies: Virginia Departlrlent of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick County Sanitation Authority the County Attorney and the Frederick -Winchester Service Authority. 5. Fees. Bascd on the lees adopted by the Board of Supervisors on April 23, 2008, the rezoning fcc for this application would be $5,104 based upon acreage of 1.04 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Pam Deeter To: Judy McCann -Slaughter; Gary Oates; wcline.fredcogovpc@icloud.com Subject: Rezoning 1102-19 CB Ventures Attachments: CB Venture 4102-19 Approval.doc Good morning, Please find attached the approval letter from Ms. Perkins for the Rezoning 402-19 CB Ventures which is in your magisterial district. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter Your message Judy McCann -Slaughter Friday, September 13, 2019 11:11 AM Delivered: Rezoning 1102-19 CB Ventures delivered to the following recipients: Judy McCann -Slaughter (islaughter(Ocva.us) Pam Deeter From: Microsoft Outlook To: 'Gary Oates' Sent: Friday, September 13, 2019 11:11 AM Subject: Relayed: Rezoning 1/02-19 CB Ventures Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: 'Gary Oates' (oatesgr(a)aol.com) Subject: Rezoning #02-19 CB Ventures 0 0 COUNTY of FRLDE-RICK Department of'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 13, 2019 Mr. Evan Wyatt Grecnway Engineering, LLC 151 Windy Hill Lane Winchester, VA 22602 IZI?: REZONING #02-19 C13 Ventures, LLC. PIN: 43-A-48E Dear Mr. Wyatt:: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 11, 2019. The above -referenced application was approved to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property located at the south side of' Martinsburg Pike (Route 1 1) and the northeast side of' Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 in the Stonewall Magisterial District and is identified by Property Identification Number 43-A-48E. The proffer statement, originally dated May 10, 2019 and revised on September 11, 2019 that was approved as a part of this rezoning application are unique to the above referencccl properties and are binding I'egal-dlcss of ownership. Enclosed is a copy of the adopted proiTer statement for your records. Pursuant to §165.102.06E, the County Attorney Neill present the written proffer to the Frederick Count), Clerk of Circuit Court for recordation. Plcase do not liesitate to contact this office if you have any questions regarding the approval of this rezoning appllcat1011. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Judith McCann -Slaughter, Supervisor Stonewall District Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution CB Ventures, LLC., 415 Cecil Street, Winchester, VA 22601 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 REZONING APPLICATION #02-19 Qw4�CO CI3 VENTURES, LLC. Staff Report for the Board of Supervisors w Prepared: August 30, 2019 StafTContact: Candice) E. Perkins, AICP, CZA, Assistant Director ,,,, nje Reviewed Action Planning Commission: 08/07/19 Public Hearing Held; Recommended Approval Board of Supervisors: 09/1 1/19 Pending PROPOSAL: 'fo rezone 1.04-11- acres Crom the B2 (General Business) District to the B3 (in(Iustrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. LOCATION: The subject property is located at the south side of' Martinsburg Pike (Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81. EXECUTIVE SUMAJARY & STAFF CONCLUSION FOR THE 09/11/19 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 Nvith the approval of Rezoning #05-16. The site is located within the limits of the Nortlicast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with coinincrcral land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. The Planning Commission did not identify airy concerns rvitll the request and recommended approval o f the application at their August 7, 2019 meetin.. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated .tune 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • Truck Stops • Drive-in Motion Picture Tlieaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking '`Sta f 'Note: The Applicaw has removed the proffer that prohibited the construction o f inetal buildings oil the Site. This proffer still applies to the remainder of the Site rezoned with Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most • Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 2 commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner- concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter -parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. *Staff Note: The Applicant has renrovedtheprofferpertairringtotlleconstructiorrofaparmpstationwitlz a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. C) Off -Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off - site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 Rezoning 1102-19 CB VENTURES, LLC. August 30, 2019 Page 3 This report is prepared by the Frederick Count), Planning Staffto provide iufornnation to the Planning Commission and the Board o/'Supervisors to assist them in making a decision oil this application. It nnciy also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staf f'where relevant throughout this staff report. Reviewed Action Planning Commission: 08/07/19 Public 1-Icaring Held; Recommend Approval Board of Supervisors: 09/1 1/19 Pending PROPOSAL: To rezone 1.04-1-/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proflcrs. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant ol' Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-48E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING S PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial & Residential East: M 1 (Light Industrial) District Use: Industrial & Interstate 81 West: B2 (General Business) District Use: Commercial Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 4 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04+/- acre parcel from B2, Business General District, with proffers to establish 1.04+/- acre of B3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Frederick -Winchester Service Authority: FWSA defers comments to Frederick Water. Frederick Water: Please see letter fi-oin Eric R. Lawrence, AICP, Executive Director dated June 18, 2019. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Attorney: I've reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. Plannin1l & Zonin14: 2) Site History The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. 3) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. 3) Proffer Statement — Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • 0 Rezoning 1/02-19 CB VENTURES, LLC. August 30, 2019 Page 5 • Truck Stops • Drivc-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking -'StaffNotc: The Applicant has remoi,ed the proffer that prohibited the construction ofnretal buildings oil the site. This prof fc�r still applies to the remainder o f the site rezoned rnith Rezoning #05-I6. B) Transportation Enhancements: 1) The Applicant has prof'f'cred to design and construct rniprovernents to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavcnient mill and ovcl'lay improvements performed by Parcel 43-A-48 (Slieetz Property); and for the installation of curb and cyutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the property and will be completed prior to the issuance of the first Certificate of' Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter -parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance oftlie Certificate of'Occupancy Permit associated with this Site Development Plan. "Staff 1Vote: The Applicant /ras renroned the pro ffcr pertaining to the construction o f a prnrrp station with a SCADA Shstem. This proffer still applies to the remainder of the Site rezoned ri,ith Rezoning #05-16. C) Off -Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off - site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of'one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. 9 n L.J Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 6 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/07/19 MEETING: Staff reported this application is to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. Staff then provided an overview of the proffers offered with the rezoning. Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted Rezoning #02-19. Mr. Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is putting in the onsite structures and improvements on Amoco Lane with a gravity sewer lane with approval from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer for 1.04 +/- acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt continued; the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping on their property; to date three (3) landowners have contacted the Applicant to have the improvements done that will take place in the Fall of 2019. There were no public comments during the public hearing and the Planning Commission recommended approval of the rezoning application. A recommendation re-ardinz this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • REZONING APPLICATION 902-19 �1c CO C13 VENTURES, LLC. Staff Report for the Planning Commission Prepared: July 25, 2019 Staff Contact: Candice I. Perkins, AICP, CZA, Assistant Director IT1>1 Reviewed Action Planning Commission: 08/07/19 Pending Board of Supervisors: 09/1 1/19 Pending PROPOSAL: To rezone 1.04-11- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning 1105-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/07/19 PLANNING COMMISSION MEETING: This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking *Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings on the site. This proffer still applies to the remainder of the site rezoned ivith Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay Rezoning 1102-19 CB VENTUR1 S, LLC. July 25, 2018 Page 2 improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lanc. Thcsc Improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) 'hhe Applicant has proffered to provide inter -parcel connection to Parcel 43-A- 48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with a SCADA System. This pi -offer still applies to the i-emaindei- of the site rezoned With Rezoning #05-16. C) Off -Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the First Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. A ►•ecommenrlation regai•rling this rezoning application to the Board of Supervisors would be appropriate. The Applicant shoiild be prepared to adeguately address all concerns raised by the Planning Commission. Rezoning 1102-19 C13 VENTURES, LLC. .July 25, 2018 Page 3 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 slaking a decision on this application. It may also he useful to others interested in this zoning matter. Urn,esolved issues concerning this application are noted by staff lvhei-e relevant thr'oughorrt this staff report. Reviewed Action Planning Commission: 08/07/19 Pending Board of Supervisors: 09/11/19 Pending PROPOSAL: To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-48E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial & Residential East: M 1 (Light Industrial) District Use: Industrial & Interstate I81 West: B2 (General Business) District Use: Commercial • 0 Rezoning /102-19 CB VLNfURI S, I LC. .July 25, 2018 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted on the CI3 Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning ol' this 1.04+/- acre parcel from B-2, Business General District, with proffers to establish 1.04+/- acre of'B-3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefbre, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Frederick -Winchester Service Authority: FWSA defers comments to I�redericl( Water. Frederick Water: Please see lel/er fro111 Eric R. Lai>>rence, AICP, Isxecutive Direclor dated dzrne 18, 2019. Frederick County Department of Public NVoi•ks: We offer no comments at this time. Frederick County Fii•e Marshall: Plan approved. County of Frederick Attorney: I've reviewed the revised proffer statement dated .Tune 25, 2019, and it resolves my previous comments. Planning & Zoning: 2) Site History The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning 405-16. 3) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. F"W1 I NO The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. • 0 Rezoning 1102-19 CB VENTURES, LLC. .July 25, 2018 Page 5 3) Proffer Statement — Datcd Junc 25, 2019: A) Land Use Restrictions: -The Applicant has proffered to prohibit the following uses: • "Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • "Tractor Truck and Tractor Trailer Parking '{Staff Note: The Applicant has reinoi,ed the pi-offei- that prohibited the construction of metal biiil(lings on the site. This pi'off ei- still applies to the i-einaintlei- of the site rezoned with Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz Property); and for the installation of curb and gutter along the frontage of the Property to the limits of the Southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter -parcel connection to Parcel 43-A- 48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. *Staff Note: The Applicant has reiitoved tlit, proffL'Y pertaiiiiilg to the consh'nction of a pump station with a SCADA System. This proffer still applies to the i-einain(lei• of the site rezoned with Rezoning #05-16. C) Off -Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in 0 • Rezoning #02-19 C13 VLN"I'URI_ S, LL,C. ,July 25, 2018 Page 6 height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer Installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building; square foot for County Dire and Rescue Services. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Plannin,- Commission. Applic g Parcels Parcels B2 (General Business District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: Julv 8, 2019 __f,. \♦ 4- Z # 02 - 19: CB VenturTs, LLC PIN: 43 - A - 48E Rezoning from B2 to B3 Location Map t 0 j.. 200 Feet 0 t NINGSPAN WAy N WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Mao Created: July 8. 2019 W 1 Z # 02 - 19: CB Ventu es, LLC PIN: 43 - A - 48E Rezoning from B2 to B3 Long Range Land Use Map Application Parcels Parcels Long Range Land Use CD Residential Neighborhood Village Urban Center - Mobile Home Community Business Highway Commercial Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office ® Industrial Warehouse Im Heavy Industrial - Extractive Mining commercial Rec Rural Community Center Fire &Rescue Q Sensitive Natural Areas ® Institutional • Planned Unit Development Park Recreation School Employment Airport Support Area Q B2 / B3 OResidential 4 u/a QHigh -Density Residential, 6 u/a QHigh -Density Residential, 12-16 u/a ORural Area Interstate Buffer 99' Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources REZ 402- 19 165 AMOCO LN aMGSPAN WAY ' 0 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: July 8, 2019 0 200 Feet CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia June 25, 2019 Current 0-, ner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 0 0 Greenway Engineering 0 .tune 25, 2019 0 C13 Ventures, LLC Rezoning B VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventili'es, LLC (liege -in ailer the "Owner") APPLICANT: CB Ventures, LLC (here -in aticr the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: June 25, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel fi•om the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and further described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File 42022C/GAW Greenway Eaigincering C13 Ventures, LLC Rezoning A.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated B.) Transportation Enhancements The Owner hereby proffers to design and Construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously perforined by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer Greenway Engineering • June 25, 2019 • C13 Ventures, LLC Rezoning during the next appropriate planting season and shall be responsible 101- the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Perlriit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File 82022C/EAw 3 Greenway Engineering • June 25, 2019 C13 Ventures, Ll,c Rezoning E.) Signatures The conditions proffered above shall be binding Upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the evcnt the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other redUirements set forth in the Frederick County Code. Respectfully Submitted: CB VCIItUres, LLC I1 , Ned Browning, Ma ager Date Commonwealth of Virginia, City/County of V( eden, a-- To Wit: The foregoing instrument was acknowledged before me this a day of �D` 2019 by Nk q501k 144, ::� az�� N ry P>r lc My Commission Expires YO O� (� RAYNA Y.FLYTHE NOTARY PUBLIC REG. $775BjRfiS COMMONWEALTH RGINIA MY COMMISSION MAY 31, 2021 File #t2022aEAw Action: PLANNING COMMISSION: .Tune 15, 2016 BOARD OF SUPERVISORS: July 27, 2016 C-.) AMENDMENT ; - Recommended Approval - X APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-16 CB VENTURES, LLC WHEREAS, Rezoning 05-16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75± acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 1 1)and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43-A-48A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 2016; 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 rezone 3.751 acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #24-16 0 is -2- This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Absent Gene E. Fisher Blaine P. Dunn PDRes #24- I6 BOS Res. #008-16 Aye Aye Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST /firenda G. Garton Frederick County Administrator CK COUN`� SC1. v 1KGINAN FI'.DEVj aced to me on This instrument of wrlt"'g w pr°Id , Q, at t to annexed Q ement they 802 0f and with Ce d�to record ,, m posed by Sec. 581- was admitte aid, if assessable. ,and 58.1-801 have been p Clerk !,�rttL • 1.600«'?11.0 Greenway Engineering February 1, 2016 Cn Ventures, LLC Retuning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 CI3 VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ#05-16 B-3, Industrial Transition District and B-2 Business General District to B-2 Business General District with proffers PROPERTY: 4.98± acres Tax Mall) Parcel 43-A-48A (here -in after the "Property") 1.1"e -JI Lt l ""I RECORD OWNER: C13 Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Mattcrs February 1, 2016 July 1, 2016 Pursuant to Section 15.2-2296 Et. Seq. ol' the Code of'Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-16 for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, development of the 4.98±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms mid conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #150011639, and further described by ALTA/AGSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). File 412022CYEAw/ruc • Greenway Engineering A.) Land Use Restrictions February 1, 2016 CB Ventures, ILLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Tire and Rescue Stations No SiC indicated Adult Retail No SIC Indicated 2. The Owner hereby proffers to prohibit metal building construction on the Property. B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by the developer of Tax Map Parcel 43-A-48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining property. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan adjacent to the 30' ingress/egress easement on the adjoining property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Sewer Pump Station The Owner hereby proffers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provide public sewer service for the buildout c� CD Pile #2022aLAw/rue • w —Y: <-_, Greenway Gngincering February I, 2016 CB Ventures, Ll_C Rezoning C_ Revised April 25, 2016; Revised May 9, 2016 Revised Iu1y I, 2016 of the Property; as well as the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane (Route 839). The Owner proffers to design the sewer pump station and sewer collection system in conformance with FCSA standards specif-ications and construct the sewer line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer pump station at their cost. The sewer pump station will incorporate a SCADA system as a component of the design plans. Should FCSA determine that a different control system be required subsequent to rezoning approval; it is agreed that the Owner can incorporate the different control system without the requirement of modifying this proffer. D.) Off -Site Residential Duffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner sliall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Pluming Department for inclusion in the rezoning project file. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. File 112022(YEAW/f is Greenway laigincering F.) Signatures February 1, 2016 C13 VCntureS, LLC Rezoning Revisal April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 OWNER SIGNATURE ON FOLLOWING PAGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event. the Frederick County Board 01' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in t13e Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manager DA to Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this -Lday of J V1 201 �1 by 1 6 .L Ra Notary Public My Commission Expires ,JO �� DEANNA D PAAIRR NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2020 File 112022DE-AW/f is 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To he completed by Planning SlaI oo Fee Aillollnt Paid Zoning Amendment Nunl erc)a'jc� Date Received 1 3 I PC Hearing Date C6( I BOS Hearing Date i i The bllowing information shall he provicle(l by the a/)I)llcamt: All parcel identification numbers, deed book and page numbers may be obtained fi-oin the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540)662-4185 Address: 15 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: CB Ventures, LLC Telephone: (540)313-5132 Address: 415 West Cecil Street Winchester, VA 22601 3. Contact person if other than above: Nanlc: Evan Wyatt Telephone: (540)662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48E b. Total acreage to be rezoned: 1.04+/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.04+/- acres d. Current zoning designation(s) and acreage(s) in each designation: B2 Business, General District C. Proposed zoning designation(s) and acreage(s) in each designation: B3 Industrial Transition District f. Magisterial District(s): Stonewall District 12 0 0 E 0 S. Checklist: Check the following items that have been included Nvith this application. Location map _ ✓ Agency Comments _' ✓ Plat _ ✓ Fees ✓ Deed to property _; ✓ �_ Impact Analysis Statement _ _; ✓ ;_ Verification of taxes paid ✓ I_ Proffer Statement ✓ I_ Plat depicting exact meets _I and bounds for the proposed zoning district _! _'I ✓ Digital copies (pdf s) of all submitted documents, maps and exhibits _i ✓ !_ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list bclo\v all Owners or parties in interest ofthe land to be rezoned: CB Ventures, LLC. - Edward "Ned" Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 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): The subject property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317. 13 9. The following information should be provided according to the type of rezoning proposed: Single Family 110111CS: N/A Non -Residential Lots: Office: Retail: RCStallrant: Commercial: 10. Signature: Number of Units Proposed Townhome: N/A Mliltl-Family: N/A Mobile Home: N/A Hotel Rooms: Sauarc FootaLe of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 6,500 SF +/- 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 appllcatloll 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. Applicant(s): ilia, • L.J, Date: Date: Owner(s): / Date: la 2 Date: m 3 U A 50A S�NSO&G 47 A 49E I 0 a- J CO 1 az Q' 47 A 49 LLJ z G 9�0 Of z ~ �P(L C•,t, 43 A 491) d W W / J J Q '°, a w c� D w D � z_ z z z 839 L:J O O > U O to Q U w � s O PAC 71V WAy m U ❑ >- o_ � a z Q Z 1, azrn o o zw a Legend a ° X X O W w LU H N O CB Ventures, LLC Property, TM 43-A-48E - p T : ❑ uj <_ x C7 O Adjoiners ww x (D CL i Y w Parcel Boundary z 2w Z a tr m LL w O > U O 3: W z p W r Feet CD U ° n ¢ $ w d O 150 0 150 w U .. ».r.. o.... P•.I.r.« o rl4 sln. _ a rl�l AI•P4 [ILLA(P OPOVIPIIlS�»C. C/O )1lll[ID9.1)N 10f11'4•PIPO S1Q161N •Yl •1100»A, V.+ 16607 !1 u•Ap tU CNRTIMA 1691»lj U.5R A»!N5 (I V. 77M5 91 () • SOI1 POM NO$I�)AAIIV 11 ItO14MPf1»S91/IC NfI VYINCIN 511P VA 2X[1) P) & Z . JI:O) -I", ceJ VQIl u.rk'�5 LLC. 1971N _a 9 6-A-Ll8C 0 I ADJOINING PROPERTY OWNERS -] Owncrs of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. I or the purpose of'this application, adjoining property is any property abutting the requested property on the side or rear or ally property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following infol'mation on each adjoining property including the parcel identification number which may be obtained from the office of'the Commissioner of Revenue. Ae Connnissioner of fhe Rei,enue is localed on the 2nd./loor of ille Frederick Comely AdminlslralNe Building, 107 North Kent Street Name and Property Identification Number Address Namc Kremer Properties C/O Sheetz 5700 6th Ave. Altoona, PA n. o y Property # 43—A-48 Name Tu Christina 160 Inez Lane Stephens City, VA Property # 43—A-48D Name RDM Hospitality-LLC, 1601 Martinsburg Pk Winchester, VA Property # 43—A-50A Name CB Ventures, LLC 415 Cecil St. Winchester, VA 22601 Property # 43—A-48C, 43—A-48A Name Property # Name Property # Name Property # Name Property # Name Property # 16 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us w Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) CB Ventures, LLC (Pllolle) (540)313.5132 (Address) 41s Cecil Street, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerkis Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 160011322 on Page , and is described as Parcel: 43 Lot: A Block: 48E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (phone) t540)662-4185 (Address) 151 Windy Hill Lane, Winchester VA 22601 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: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Pi Subdivision Site Plan Variance or Appeal RAYNA Y. FLYTH2 NOTARY PUBLIC REG. #7754086 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2021 My attorney -in -fact shall have the authority to offer proffered conditions and to make and approved proffered conditions except as follows: This authorization shall expire one year from 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 _d day of J , 20l, rl n _ Signature(s) State of Virginia, City/County of �1rQ�l— To -wit: y 1, un A Y F(t/%� , a Notary Public in and for the jurisdiction aforesaid, certify that let? person(s) wild signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this c� clay of 70 , 20A. My Commission Expires: �A NA, ry Public REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stalf- i Fee Amount Paid S Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The .1611mt-ing inJor oration shall be provided bj' the applicant: All parcel identification numbers, cleed 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: Greenway Engineering, Inc. Address: 15 Windy Hill Lane Winchester, VA 22602 2. Properh, Owner (if different than above): Name: CB Ventures, LLC Address: 415 West Cecil Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540)662-4185 Telephone: (540)313-5132 Telephone: (540)662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48E b. Total acreage to be rezoned: 1.04+/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.04+/- acres d. Current zoning designation(s) and acreage(s) in each designation: B2 Business, General District e. Proposed zoning designation(s) and acreage(s) in each designation: B3 Industrial Transition District f. Magisterial District(s): Stonewall District 12 S. Checklist: Check the following itcros,that have been included with this application. Location ►nal7 ✓ _ Agency Comments ✓ !_ Plat _ ✓ Fees ✓ _ Deed to property _' ✓ Impact Analysis Statement J _ Verification of taxes paid _ J Proffer Statement _ J Plat depicting exact FnCCtS and bollnds Col' the proposed zoning district _ ✓ I_ Digital copies (pelf's) of all submitted documents, maps and exhibits J 6. The Code of Virginia allows its to request full disclosure of ownership in relation to rezoning applications. Plcasc list below all owners or parties in interest of the land to be rezoned: CB Ventures, LLC. - Edward "Ned" Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUNIBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 8. Location: The property is located at (give exact location based on Clearest road and distance from nearest intersection, using road names and route nUrnbers): The subject property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317. 1191 0 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed 'ro\v1111o111C: N/A MIltl-Family: N/A Mobile I-I0111C: N/A Hotel Rooms: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 6.500 SF +/- 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 hearim, 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. n Applicant(s): U,CL 1 Date: Date: Owner(s): �� `" Date: (a Z Date: 14 � � C-ft A G1S Dpr 2019 DW CB VENTURES PAYTOTHE ORDER OF ,.ASumrr4 COMMUNITY BANK 3029 69-2221522 11 IpCHFCK_ 1. gI coo n.poau• -XD _ �:052202225�: L0127439n' 3029 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcvams Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Nalne) CB Ventures, LLC (phone) (540)313-5132 (Address) 415 Cecil street, Winchester VA 22601 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. 160011322 on Page , and is described as Parcel: 43 Lot: A Block: 48E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (phoIle) (540)662-4185 (Address) 151 Windy Hill Lane, Winchester VA 22601 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: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Pi Subdivision Site Plan Variance or Appeal KAYNA Y. FLYTH NOTARY PUBLIC REG. #7754086 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31, 2021 My attorney -in -fact shall have the authority to offer proffered conditions and to make am approved proffered conditions except as follows: usly This authorization shall expire one year from 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 d day of J l , 20l, Signature(s) State of Virginia, City/County of Fu (fp, C,K-- , To -wit: I, Iin A V Fl&§�e , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) whd signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 01) day of _JU , 20A. My Commission Expires: ) % DB N ry Public 7/2/2019 Untitled Page I lC 11 11 0111l _ `1 PaV/TLo®kup 1+ a yes d • Dept/Ticket# RE2019 / 61580001 Name CB VENTURES LLC Name 2 Address 415 W CECIL ST WINCHESTER VA Zip 22601 3705 10 Penalty Paid Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 43 A 48E Bill Date 04/18/2019 Due Date 06/05/2019 Desc LAND UNIT 4 1.04 ACRES $0.00 Interest Paid $0.00 Supplement# 0 Account# 8050209 Acreage Improvements Land Value Land Use Minerals Last Transaction Date 06/06/2019 1.040 $0.00 $178,000.00 $0.00 $0.00 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $$542.90 ($542.90) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2019 Charge 0 $542.90 $542.90 6/5/2019 Principal Paid 16034 ($542.90) $0.00 ' Previous httpsJ/fctaxes.co.frededck.va.us/Applications/TR_PayTaxes/REDetail.aspx 1 /1 p trco a .yORDINANCE Action: PLANNING COMMISSION: August 7, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: September 11, 2019 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-19 CB VENTURES, LLC WHEREAS, REZONING #02-19 CB Ventures, LLC, was submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of June 25, 2019. The subject property is located at the south side of Martinsburg.; Pike (Route 11), the northeast side of Amoc o Lane (Route 839), and at the southwest quadrant of Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No. 43-A-48E; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 7, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 11, 2019; and y 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 Nvith the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of September 11, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 1 1 " day of September 2019 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Blaine P. Dunn -PDRes. # 17-19 BOS Res. #020-19 Aye Gary A. Lofton Aye Aye Robert W. Wells Aye Aye Judith McCann -Slaughter Aye Aye A COPY ATTE Kris C. 'ier-ney, Fre eric ,ottrity Administrator 0 • ORDINANCE _. C-.) Action: - - PLANNING COMMISSION: August 7, 2019 Public I -Tearing Held, Recommended Approval BOARD OF SUPERVISORS: September 11, 2019 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 02-19 CB VENTURES, LLC NVIIEREAS, REZONING #02-19 CB Ventures, LLC, waS submitted by Grcenway Engineering, Inc. to rezone 1.04-11- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of .tune 25, 2019. The subject property is located at the south side of Martinsburg Pike (Rou(e 11), the northeast side of'Amoco Lane (Route 839), and at the southwest quadrant of Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No. 43-A-48E; and NVHEREAS, the Planning Commission held a public hearing on this rezoning on August 7, 2019 and recommended approval; and \VIJEREAS, the Board of'Supervisors held a public hearing on this rezoning on September 11, 2019; and \VHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to be in the best interest ol'tlhe public health, safety, wellare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of'Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of September 11, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this I 1 " day of September 2019 by the Following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTE Kris C. 'ierney, Fre eric o my Administrator PDRes. # 17-19 BOS Res. #020-19 0 9 Cnccnway l 11gincermg September 11, 2019 CH Ventures, LLC Rezoning c B VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # 0 1- 19 B-2, Business General District with proffers to B-3 hndustrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in alter the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant') PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: September 11, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01--19 for the rezoning of a 1.04±-acre parcel from the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and further described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File #2022GEAw Greenway Engineering 0 Seplemher 11, 2019 • C13 Ventures, LILC Rezoning A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses Within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated 2. The Owncr hereby proffers to prohibit the construction of buildings substantially clad in metal on the Property. However, buildings shall be permitted to have metal roofs, metal architectural and ornamental features and accents, and metal bay doors. B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the III111ts of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, C:, File 112022GEAw 2 Greenway E ngineaing Septemher 11, 2019 CR venlures, LLC Rezoning which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers c� in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2022C1cAw 3 • Greenwa), Engineering 6 September 11, 2019 C13 Ventures, LLC Rezoning Imo.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC By: CXJ"`_� �) �( (I�CtYI 6t c'r UZ 10 Ned Browning, Manger Date Commonwealth of Virginia, City/County of - Y r- -Ie K,, C,L To Wit: The foregoing instrument was acknowledged before me this�� day of 20jq by rt, LOIA ; r\c,\ . M �� 2� N ary Public My Commission Expires i n �cG Jet _ -ip�J�,/SS�U • � OF �1�F Pile #2022CJEAw 4 0 • vIRGINIA; FREDERICK COUNTY, SCT. This instrument of writing was produced to me on oirlq _ and with certificate of actin tivo ledgement thereto annexed was ad fitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable e Clerk CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia September 11, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT j s z f f- Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia June 25, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Grcenway Engineering • .Tune 25, 2019 q13 Ventures, LLC Rezoning B VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04f acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (liere-in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: June 25, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel fi-om the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and further described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File 112022C/EAw Greenway Engineering • June 25, 2019 C13 Vcnlures, L IX Rezoning A.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated B.) Transportation Enhancements I. The Owner hereby proffers to design and Construct rinprOVCnlents to Amoco Lane (Route 839) within the existing right-of-way to include pavement iuill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage Of the Property to the limits of the southeastern inost commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property fi•orn the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum Of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer File #2022C/EAW 2 Grecnway Engineering 0 June 25, 2019 Z013 Ventures, LLCRezoning during the 11CXt appropriate planting season alld shall be responsible for the replacement of any tree that does not survive for a period of one year froin the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8 Copies of the off site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary Contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Pen -nit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2022C/EAW 3 Greenway Engineering • June 25, 2019 C'13 Ventures, L.LC Rezoning E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC By: cl Ned Browning, MaT ages Date Commonwealth of Virginia, City/County of Vt e jen, C -- To Wit: The foregoing instrument was acknowledged before me this a day of 2019 by My CommNry Pt tc Commission Expires 1 D� (� =FLYTHETHEBLIC086COMF VIRGINIAMYEXPIRES21 File #2022CYEAw 4 CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT r i 1 V� - s � Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia N4aNz 1 n� 1n1 n June 25, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Grccimay Engineering .lone 25, 2019 C13 Ventures, LLC Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: T-RD June 25, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel from the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and further described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File #2022C/EAW Greenway Engineering .tune 25, 2019 C13 Ventures, LLC Rezoning A.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most connnercial entrance serving the Property that is developed along Arnoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property adjaeent to the ' ' and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement File #2022C/EAW Z Greenway Engineering .Tune 25, 2019 C13 Ventures, LLC Rezoning provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43 C-4-1, 43 C-4-2, 43 C-4-4, 43 C-4-5, 43 C-4-6, 43 C-4-7, 43 C-4-8, 43 C 4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution sliall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2022C/EAW 3 Greenw,ry Engineering June 25, 2019 03 ventures, LLC Rezoning E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manager Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20_ by Notary Public My Commission Expires File #2022C/GAw 4 CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT Tax Parcel 43-A-48E Stoneivall Magisterial District Frederick County, Virginia May 10, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Green�vay Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering May 10, 2019 C13 ventures, LLC Commercial Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 1.04±-acre subject property owned by CB Ventures LLC and identified as Tax Parcel 43-A-48E. The subject property is located in the southwest quadrant of' Interstate 81 Exit 317, on the south side of' Martinsburg Pike (U.S. Route 11) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48E is currently zoned B-2, Business General District witll proffers. The Owner proposes to rezone the 1.04f-acre subject property to B-3, Business Industrial Transition District with proffers to allow for the development of the 1.04±-acre subject as an automotive tire and battery service facility. The County Planning Department identifies this type of facility under SIC Major Group 75 — Automotive Repair, Services, and Parking; therefore, the rezoning of the subject property from the B-2, Business General District to the B-3, Business Industrial Transition District is required to allow for this land use on the subject property. Basic information Location: Fronting on the south side of Martinsburg Pike (U.S. Route 1 1) and the west side of Interstate 81, at the southwest quadrant of Interstate 81 Exit 317. Magisterial District: Stonewall District Property ID Numbers: 43-A-48E Current Zoning: B-2, Business General District with proffers Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District with proffers Proposed Use: Automotive Tire and Battery Service Facility Total Rezoning Area: 1.04±-acres with proffers File 02022C Impact Statement/JRM 2 Gleemwary Engineering May 10, 2019 CI3 Ventures, LLC Commercial Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and Institutional land use development is encouraged in the County. The 1.04f-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Sewer and Water Service Area The Scwer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 1.04t-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Comprehensive Plan ConforirlitX The 1.04±-acl'c subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 1.04±-acre subject property is identified for business land use; therefore, the proposed B-3, Business Industrial Transition District rezoning to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE A rr-cc The 1.04f-acre subject property is located on the south side of Martinsburg Pike (U.S. Route 11), adjacent to the Interstate 81 Exit 317 interchange. Access to the subject property will be provided through internal private service drives through adjoining properties that will allow for traffic to utilize the existing right in/right out commercial entrance along Martinsburg Pike (U.S. Route 11) and the existing full access commercial entrances along Amoco Lane (Route 839) that will allow for protected left -turn movements at the signalized intersection with Martinsburg Pike. Inter -parcel ingress and egress is permitted through easements identified in section(s) 3.3, 3.4, and 3.5(e), and 3.6 of the "Declaration of Condominium for CB Ventures Land Condominium" recorded as instrument number 16001 1322. Filc #2022C Impact S1atCment/JRM 3 Greenway Fngineering May 10, 2019 CIl ventures, U.0 Commercial Rezoning Flood Plains The 1.04±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map 951069CO209D, Effective Date September 2, 2009. Wetlands The 1.04f-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Typcs The 1.041-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 32B Oaklet Silt Loams 2-7% slope The Oaklct Silt Loam is identified as a prime agricultural soil and has high shrink/swell properties. The subject property has the sarne soil type as adjoining parcels that are developed or are currently being developed. The site soil type is conducive for commercial development of the subject property. Other Environmental Fe Tile 1.04±-acre subject property does not contain areas of steep slope, lakes or ponds or natUral stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located in the geographic portion of the County that is underlain by karst geology. Frederick County has reviewed and approved SP #07-17 for the entirety of the Owner's parcels owned which includes the 1.04±-acre Subject property. The Owner has obtained a Land Disturbance Permit from Frederick County and is currently per'forming major infrastructure improvements. No development issues specific to the karst geology have been encountered during current construction activities. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: B-2, Business General District South: B-2, Business General District Use: Hotel and Restaurant Use: Unimproved File #2022C Impact Stalement/JRM 4 Grcenway Fngineering May 10, 2019 CIS ventures, LLC Commercial Rezoning East: M-1, Light Industrial District (across Interstate 81) West: B-2, Business General District TRANSPORTATION Use: Unimproved Use: Convenience Store The 1.041-acre subject property was a portion of the 4.98± acres owned by CB Ventures, LLC that was rezoned by the Frederick County Board of Supervisors on July 27, 2016 to the B-2, General Business District with proffers (RZ 905-16). Subsequent to this approval, Grcenway Engineering processed Site Plan #07-17 for the 4.98± acres owned by CB Ventures, LLC which was approved by the County oil June 20, 2017. Construction has commenced for the oil -site and off -site improvements identified oil the approved site plan. The approved proffer statement specific to RZ #05-16 Applicant provided for two transportation enhancements which included the installation of curb and gutter along the property frontage along Amoco Lane (Route 839); milling and overlay asphalt improvements to the Amoco Lane centerline; and for inter -parcel connections to adjoining properties. Site Plan #07-17 provided for all applicable transportation enhancements identified in the proffer statement specific to RZ #05-16 and the Owner has obtained a Land Disturbance Permit from Frederick County and is currently performing major infrastructure improvements that includes the installation of curb and gutter and milling/overlay work on Amoco Lane. The inter -parcel connection to the adjoining property that will provide access to the 1.04f-acre subject property is intended to be installed during the development of this parcel. Therefore, the proffer statement prepared for the proposed rezoning illaintaiils this proffer fi•onl the previous rezoning application and does not include the previous proffer associated with the Amoco Lane improvements as these improvements are currently under construction. The proposed rezoning of the 1.04±-acre subject property to the B-3, Industrial Transition District is to allow for the development of an automotive tire and battery service facility. The Owner is not proffering this as a specific use for the subject property; therefore, Grcenway Engineering has analyzed uses permitted in the B-3 District that are not otherwise permitted in the B-2 District to determine what use represents the greatest impact on traffic generation. Of those potential land uses, the "Automotive Repair; Services, and Parking" (SIC 75), was determined to have the highest potential traffic generation impact. The ITE Manual of Trip Generation, 9°i Edition, Land Use 943 "Automobile Parts & Service Center", identifies a Saturday Peak Hour of Generation of 6.61 per 1,000 sq. feet of gross floor area, as the greatest traffic generation factor for this land use. It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet, which would yield approximately 43 peak hour trips. This traffic generation would be less than permitted land uses in the B-2 District that the subject parcel is currently zoned; therefore, the proposed rezoning does not create additional traffic impacts than were determined to be mitigated under the previous rezoning application. Pile #2022C Impact StatCmcnORM 5 Greenway Engineering May 10, 2019 CB ventures, LLC C'onimeicial Rezoning SEWAGE CONVEYANCE AND TREATMENT The 1.04f-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water (FW) is the provider Of public sewer service within this area of the County but does not currently have sewer lnfrastrUCtlll'C Wlthill, Or adjacent to the subject property. The subject property was part of RZ #05-16 that was rezoned by the Board of Supervisors on July 27, 2016. FW issued a letter dated March 23, 2016 in conjunction with RZ #05-16 advising that there was adequate capacity at the Opequon Wastewater Treatment Facility to accommodate the 22,000 gpd proposed salutary [lows projected for the buildout of the 4.98±- acre pro .jcct and the Red Bud Pump Station could accommodate the added flows from this project. However, FW advised that sewer conveyance for the 4.98i- acre project could potentially be challenged due to nearby sewer force main capacities. Greenway Engineering worked with FW to determine the appropriate approach for the development Of sewer infrastructure to provide sewer service for the 4.98± acre project and for the properties along Amoco Lane (Route 839). In accordance with the proffer statement approved July 1, 2016 (RZ #05-16), Greenway Engineering submitted a public improvement plan, for a new pump station, with a SCADA system, to be located at the terminus of Amoco Lane that was approved by FW. Through additional coordination with FW, it was determined that a more mutually beneficial plan was available, and that sewer capacity for the overall project could be Obtained through the COl1Stl'LICti011 Of all 8" gravity sewer 1111E to all existing sewer manhole located neat' the rail spin' serving the Klllgspan faculty. Greenway Engineering has designed a gravity sewer system that collects effluent from the 4.98t acre project area (which includes the 1.04f acre subject property proposed for rezoning) that has been sized to allow for off -site land uses to connect to this system. The gravity sewer system design includes the sewer collection system within the subject project and along, the Amoco Lane frontage to allow for on -site and off -site connections. The gravity sewer system will terminate at the existing sewer manhole located near the rail spur serving the Klllgspan facility, which ties iinto the Red Bud Philip Station to direct effluent to the Opequon Water Treatment Facility. The CB Ventures Gravity Sewer Plan has been designed and submitted for review and approval to FW and the County Public Works Department. Both agencies have approved this design plan and the approved improvements will be installed prior to development of the subject property. FW has determined that this approach is appropriate for addressing sewer impacts associated with the 4.98± acre project; therefore, the sewer requirements associated with proposed rezoning Of the 1.04± acre subject property have been adequately addressed. WATER SUPPLY The 1.04±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water (FW) is the provider of public water service within this area of the Pile #2022C Impact Statement/JRM 6 Cireenway Engineering May 10, 2019 CB ventures, LLC Commercial Rezoning County and has all existing 10" water line located along Martinsburg Pike (U.S. Route 1 1) and Amoco Lane (Route 839) that provides public water to the property. Frederick County approved SP #07-17 for the CB Ventures 4.98± acre project area on July 24, 2017, which includes the 1.04f subject property proposed for rezoning. SP #07-17 was reviewed and approved by FW on April 24, 2017 as part of the site plan approval process and they determined that adequate water pressure and capacities were available for service to this property. Additionally, the water system design for the build -out of commercial laird Use oil the 4.98f acre project included the connection of a temporary bypass of the existing 2" water line to connect the 2" water line to the newly installed 10" water main after it is constructed and fully tested. The newly installed 10" waterline will connect to a newly installed 8" water line that will be located throughout the 4.98± acre project, which will terillinate at the 1.04J= acre subject property. As part of County's review process of RZ #05-16, the IllaxinlUrn anticipated flow for build out of the 4.98± acre area was projected by FW at 50,000 gpd. Greenway Engineering has utilized 2015 FW water meter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water demand projection of 22,000 gpd for the buildout of the 4.98± acre project area. The projected water demand of 22,000 gpd falls well below the available water supply identified by FW for this site; therefore, there is adequate supply and pressure that will be available for the buildout of commercial land use for the proposed development project. SITE DRAINAGE The topographic relief on the 1.04±-acre subject property generally follows a north to cast pattern, which directs drainage from the subject property towards the rear of the property adjacent to Interstate 81. The applicant has provided stormwater management through a design, which has been approved by Frederick County as part of SP #05-17. This stormwater management includes two detention areas, one of which is in the southeast portion of the subject property. The proposed rezoning of the subject property will not affect the existing, approved stormwater management design of the site. Tile stormwater quantity and quality measures have been designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community have been mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the redevelopment of the 1.04± subject site can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4°i edition). It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the anticipated 6,500 square feet of commercial land use: File #2022C Impact Slatcinent/JRM 7 Greenway lingineering May 10, 2019 C13 ventures, LLC Commercial Rezoning AAV = 5.4 cu. yd. per 1,000 sq. It. commercial AAV = 5.4 cu yd. x 6.5 (1,000 sq. ft) AAV = 35.1 cu. yd. at build -out, or 24.57 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 24.57 tons of solid waste annually on average. This represents a 0.017% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 1.04±-acrC subject property, nor does the survey identify properties within proximity of this site that are deemed potentially significant. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.04t-acre subject property as being located Within the Second Winclicster — Stepllcilsons Depot study area boundary; however, the subject property is located well outside of the defined core battlefield area and is also defined as leaving lost integrity due to existing development patterns. Therefore, the commercial development plan for the property will not create negative impacts associated with historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 1.04f-acre subject property will provide ilew economic development opportunities for Frederick County, which has been recognized by the County to be positive in the consideration of fiscal impacts to County Capital Facilities. It is understood that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to County fire and rescue services. Pile U2O22C impact Statement/JRM 8 -, o s — s — ca N - — o.o—. 2.1. o.r 1011 N-w'—" WV D.0 Sand G� Gump. N CAS Dep� 2019 DW eF� / 17,�r7,� outarda gWS I % 2 Inside ec�� ,13 e swgA n c LU ,y \� c ,LLJ 20 In M1oc � ,�F rn 17 In� �° °°) / ° �O► \ � O \ n / e d c ` Q JCS\dam JpP ^ d° sti0 J LLJ � °LU tieRU (n U (n Lli 610 LZL 0 _ m � s U o, a r,n CTIV WAY U I.,Q Q9 > L c H Z z Legend a z w QCB Ventures, LLC Property. TM 43-A-4 �S�D F J SL �G �J Z Q � V Parcel Boundary Q4 ? ^ U o Q W e` CO Sewer Water Service Area (SWSA) J Q (D j o �''o w03 QOU L' - Sewer Line of rn 2 Y w W J U m - Water Line �° °' g�g1' 99t Z 2 / w ' •� >� ww 0 IL xS U r A c Feet 70n �,�►• �,�s rn h H Q 500 0 500 ` REDBUD'RD o y !e. Coft AG1SD.9r►.wM)0r9D.1.. 1o16rWr.i S.—D.r.C.ur.rr.rrC5A RCEDESCT �07) ros p U J goo 43 A 411E Q4,V '*��� Legend lQ CB Ventures. LLC Property, TM 43-A-48E Parcel Boundary Lake or Pond Wetland 100 Year Floodplain Stream 5 Foot Intermediate Contours — 25 Foot index Contours Feet 200 0 200 } � Cn Q' Ur W W z Q� a- Z) p z Q a N W J Of J J Q Q Uj z W C� 2 D W z H O z cr � O j z aD W U U m U_ o U Fr Q z W U � N u z cr 0 ZO Q Q O(L > w l N y LU i R U w J w Z J H Z J J � (n =) O a z 0 0 w U W Q U W X M i 2 Y 7 w Z U 0 i. Q w g w 0 3 Uj 0 1 U U w 0' c W rn w a � o l _/ a� a a9f Q Z z- LU - _ LLI z_ v r / W O a Z o o w a Q J J J Q � U J W O w 3213 1.— w p > U m U 661 c w � L m t] m U w Q z Legend Z w CB Ventures, LLC Property, TM 43-A48E K rl ? 0 z J > n Parcel Boundary a NN a X w i , Z NRCS Soils J J a o _ 6C CARBO-OAKLET SILT LOAMS, VERY ROCKY. 2 TO 15 PERCENT SLOPF \ w O m N U w _ 32B.OAKLET SILT LOAM. 2 TO 7 PERCENT SLOPES U n u ? Q WAY w O 3: LOU > O Z 0 O X Feet Lm' __• n 10( < < C- A GIs D _-- Cr 0 i a M 9E Tk 01 do �FNl b' GSFOR FR OR _ �� O COft V GrS Ddgn M19 Dd Any � 7 - oh% Q 34.727 ' A Z LJJ - -- NJ \ �z 2 LNG<T C7 FV Qt, O� OF N 6'Qi0 � Z In W d N D W Q U J W J J LL U U W L W O r.P 0 — U Legendj O CB Ventures, LLC Property, TM 43-A48E m U Parcel Boundary /A Civil War Encampment � A Civil War Fort 'm Cemetery U o a LD z Rural Landmark a z 34.727 Rutherford's Farm O tY O W J j g d r N 14.955 Valley School W U W LL N O 9 Civil War Battlefields Vi Q w Er or a w I hurt Cre ftn,,-ler ore Aa D W M Or - J U Z N a LL to O > U = W WO Z W ar d Feet U O cn o 500 0 5U!: CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia September 11, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Grecnway Nngincering Septcmher 11, 2019 C13 Ventures, LLC Rezoning B VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (liege -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: September 11, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel from the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and further described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File #2022C/EAw Grunway Engineering September 11, 2019 CR Ventures, LLC Rezoning A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated 2. The Owner hereby proffers to prohibit the construction of buildings substantially clad in metal on the Property. However, buildings shall be permitted to have metal roofs, metal architectural and ornamental features and accents, and metal bay doors. B.) Transportation Enhancements 1. The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, File #2022C/EAW 2 Greenway Engineering September 11, 2019 C13 Ventures, LLC Rezoning which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2022GGAw 3 Greenway Engineering September 11, 2019 Cli ventures, LLC Rezoning lE.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC By: ��� ct c; , ,� �' Z 101 Ned Browning, Man)ger Date Commonwealth of Virginia, City/County of F-� —e c��. r ', ck To Wit: The foregoing instrument was acknowledged before me this,t day of �C-(PA-6411 6e I' 20hq by �AP C,� ��r Lt-)IA; rr, �,� 22 Wary Public My Commission Expire, �I� G�-J �s��ii�.t,• QQ iJ/ rn File #2022C/EA W i 151 Windy Hill. Ira e� 1971 Winchestcr, VA 2�(02 FND GREENWAY s�► , < <0�9 ENGINEERING T R A N S MI T A L Project Name: CB Ventures, LLC Final Proffer Statement File No: 2022C Date: Thu, Sep 12, 2019 To: FC Planning Attn: Candice Perkins Copied Delivery: R Fed Ex Other _ ❑ U.S. Mail From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Q Courier Pick Up Urgent ❑ For Your Review Q As You Requested Please Comment Message Hi Candice, Please find attached the final Proffer Statement for Rezoning #02-19 dated September 1 1, 2019 with notarized owner signature. Please provide me with the official letter of approval for this rezoning application once you have an oppoi-tunity to do so. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: Evan Wyatt From: Erin Swisshelm <eswisshe@fcva.us> Sent: Thursday, September 12, 2019 10:23 AM To: Evan Wyatt; Candice Perkins Subject: RE: CB Proffer Language Evan, I'm good with it — I think it's an accurate depiction of where we ended up. Thanks to you both for your quick work! Erin From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Thursday, September 12, 2019 10:04 AM To: Candice Perkins <cperkins@fcva.us> Cc: Erin Swisshelm <eswisshe@fcva.us> Subject: RE: CB Proffer Language Hi Candice, Great minds think alike as I was working on the tweak specific to Doug McCarthy's comment last night as well. I think this is good and have included Erin so we can all agree that this meets the intent of CB Venture's offer and Judy's motion last night. I have already advised Ned Browning that he will need to come to the office and sign the revised proffer statement once it is ready so I can get the original to you so it can be recorded by the County. Thanks again to both of you for the coordination yesterday afternoon! Have a good day, Evan From: Candice Perkins <cperl<ins(@fcva.us> Sent: Thursday, September 12, 2019 9:54 AM To: Evan Wyatt <ewyatt(@greenwayeng.com> Subject: CB Proffer Language Ivan, does the following work for vou: The owner hereby proffers to prohibit the construction of buildings substantially clad in metal. I-Iowever, builcings shall be permitted to have metal roofs, metal architectural and ornamental features and accents, and metal bay doors. Canclice Candice Perkins, AICP, C%A Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 COUNTY of IL RE!_J_EtUC1 Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@coftederick.va.us June 11, 2019 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — CB Ventures LLC Rezoning Tax Parcel Number 43-A-48E (the "Property") Proposed Proffer Statement dated May 10, 2019 Dear Evan: You have subn-iitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 1.04t acres, more or less, in the Stonewall Magisterial District, from the B2 General Business District, with proffers to the B3 Industrial Transition District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Proffer B1 — This proffer, which is from Rezoning 05-16 of the larger parcel in which the Property was included, contains references that do not necessarily relate to the Property, such as the curb and gutter extending to southeasternmost commercial entrance serving the Property along Amoco Lane. The Property does not front on Amoco Lane, and the proffer may not necessarily be meaningful unless the obligation is intended to apply in connection with interparcel access for the Property over any property(ies) fronting on Amoco Lane, in which case clarification may be in order. • Proffer B2 — Because this proffer too is originally from Rezoning 05-16, it refers to provision of the inter -parcel connection relative to development adjacent to the easement access point from the adjacent property. Relative to the Property, in 107 North Kent Street , Winchester, Virginia 22601 Mr. Evan Wyatt June 11, 2019 Page 2 light of the fact that the Property is only just over one acre, it would appear that provision of the inter -parcel connection would be appropriate for �qiA development on the Property and that the proffer should clarify to so state that. • Proffer C — In the list of properties identified to receive offers regarding provision of a landscape buffer, the land records do not show that parcel 43C-4-9 exists. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincero�- Roderick B. Williams County Attorney cc: Candice E. Perkins, Assistant Director of Planning & Development, Frederick County (via e-mail) COUNTY of FREDERICK Department of' Planning in(] Development 540/ 665-565 l Fax: 540/ 665-6395 June 5, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial, LLC Property Identification Number (PIN): 43-A-48E Dear Evan: I have had the opportunity to review the draft rezoning application for the CB Ventures Commercial. This application seeks to rezone 1.04 acres from the B2 (Business General) with proffers to the B3 (Industrial Transition) District with proffers. The review is generally based upon the proffer statement dated May 10, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the ftiture development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed B3 zoning is consistent with the current land use supported by the Comprehensive Plan. 2. Proffers. It is recommended that the entire development (parcels 48E, 48D, 488C, 4813) be included in this revision. The proffers for improvements are linked to all parcels with the original rezoning and therefore should be continued with this revision for clarity. The original proffer regarding the prohibition of metal buildings should be retained. 3. Transportation Enhancements. Proffer B 1 references parcel 43-A-48 — this needs to be updated — parcel 48 is the Sheetz property. Page 2 Mr. Evan Wyatt RE: CB Ventures Commercial June 5, 2019 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frecleriek County Sanitation Authority the County Attorney and the Frederick -Winchester Service Authority. 5. Tees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,104 based upon acreage of 1.04 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me xvith questions regarding this application. Sincerely, i / - Candice E. Perkins, AICP, CZA Assistant Director CEP/pd FREDERICK WATER FREDERICK ...WATER. SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker Road, Stephens City, VA 22655 ` ,(� �"ff \ , 1 540.868.1429 fax Project � ��� 6 �S ���t L lj IAA V -ry J y� Applicant REVIEW STATUS 6 2— review number correct & resubmit proved as noted approved \ / DRAWINGS send me by WK, number of items to be corrected v 1. print of sheets 1 / A�L f 6�rlf �it- 2. two CDs: each disc shall contain the following plan sheets v a) One CD (containing all of die above noted sheets) shall be in PDF format. Each sheet shall be in its o«in file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD shall be in DWG format; (1) in Model Space, (2) in state plane coordinate system NAD 83, (3) compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS /Y� N A copy of the recorded ofsite FW easement(s) is/are required. Y,Y N A copy of the recorded offsite FW easement(s) is/are required. - -- - — fo The easement document shall contain a plat and both shall be signed by the Frederick Water. o The Frederick Water requires specific language in its deed of easement. o Visit our website www.frederickwater.com to obtain a copy of the form. o A copy of the recorded deed(s) of easement shall be received before service will be authorized. OTHER Y I 0 This project also requires DEQ - Valley Region Office approval. Y This project also requires VDH - Lexington Field Office approval. Y / This project also requires VDH - Lexington Field Office - Project Summary Report. BY DATE FOR RAWINGS ABOVE, see VDH website for form Y / his project has a sewer pump station that FW will own. Title to the pump station site shall be granted rtcto the Frederick Water in fee simple absolute. Also, (1) a copy of DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the FW approved O & M manual are required. These documents must be received before service will be authorized. (4) Work cannot commence that would connect to FW facilities or require FW inspections until the contract is returned to ) is office. Date: 501 Earl W. Wiley - Engineeri g Assistant DEC t 8 190004824.E Tax Map No.: 43-A-44 _0 Project: ' FREDERICK COUNTY SANITATION AUTHORITY DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this I l 1' day of ffl(tQ 2019, by and between KINGSPAN INSULATION LLC, a Delaware limited liability company (collectively, "Owner"), as grantor for indexing purposes, and FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER, a body politic and corporate (the "Authority"), as grantee for indexing purposes. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby grant and convey unto the Authority, its successors and assigns, a permanent easement and right of way twenty (20) feet in width together with a temporary construction easement twenty (20) feet in width adjacent to and parallel (on both sides) of, and retried to, the permanent easement (the "Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the property of Owner identified as Tax Parcel 43-A-44, being the same property conveyed to Owner by Deed dated November 1, 2014, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 140009269. The Easement Area is over and through such portion of Tax Parcel 43-A-44 as is bounded and described as "20' FREDERICK WATER ESMT. HEREBY GRANTED" and "20' TEMPORARY CONSTRUCTION ESMT. HEREBY GRANTED" (the "Easement Area") on the plat entitled "FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN INSULATION LLC", dated May 14, 2019 and prepared by Ernest S. I-Iolzworth, L.S., (the "Plat"), attached hereto and made a part hereof, subject to the following conditions: 1. The temporary construction easement grants to the Authority the right to enter upon the Owner's property to the extent necessary for and during the original installation, construction and laying of said sewer lines, with said temporary construction easement to expire and become null and void upon completion of construction of said lines and facilities and the acceptance thereof by the Authority. t 2. All Facilities which are installed in the Easement Area sliall be and remain the property of the Authority, its successors and assigns. 3. The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of -1- the Easement, including the right of access to and from the Easement Area, and the right to use `'� adjoining land when necessary; provided, however, that this right to use adjoining land shall be r_, exercised only during periods of actual construction or maintenance, and then only to the �,r minimum extent necessary for such construction and maintenance; and further, this right shall `u' not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 4. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of die Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or reseeding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, strictures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 5. Owner reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Owner is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Owner's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Omer for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under this Easement. G. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and tenninate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. -2- c� 7. Owner covenants that it is seized of and has the right to convey said Easement, CD c-) rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 8. In the event the Authority notifies Owner, or their successors or assigns, of a violation of the terms of this Easement and Owner does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by Owner, within thirty (30) days from the date Owner receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available tit haw or in equity. 9. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 10. Owner agrees that die agreements and covenants stated in this Deed are not covenants personal to Owner but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. [Signature appears on the following page] -3- Witness the following signature and seal: FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER: BY STATE OF V I Y (� 1 � l , CITY/C UN IY OF �1 P L-n C k , TO-WTr: a not m pub 'c • State and County aforesaid, do certify that , Gvho. a 6tifir � ame is signori to the Ew foregoing instrument dated120 has acknowledged the same before me. 1 GIVEN under my hand this day of 2019 Notary Public Registration No.: 9rLL 51A 7 My Commission Expires: �- 1 22-1 ne Long e<<C / vn9iny 52a7 _ _ Lmij ��i 7 t —4— G-; Witness the following signature and seal: BY r, OWNER: KINGSPAN INSULATION LLC, a Delaware limited liability company -Name Title: if: STATE OF L&-' _, CITY/COUNTY OF ip dart d—, TO -WIT: I, a o ublic in and for the State and County g�foresaid, do cer y that t�� l-�t'j in his/her capacity as Y1ptTF'�iQ , on behalf of Kingspan Insulation LLC, a Delaware limited liability company, whose A&ne is signed to the foregoing instrument dated 5 2019, has acknowledged the same before me. t� GIVEN under my hand this day of -MOL.LA 2019. �&kb P/1 h laq, -t Notary P c 4L Registration No.: 1 2 IS My Commission Expires: ul 3 I -Z L\CB Vmnw IKingspui Sewn Ea mtl'Freda k Wata - Deed of"Fa mm tfimll 5-15-19.dm -5- 7 L/NE 1 G DIST L 1 IS 81'4319 W 28.41 L2 S 06'1250 W 118.74 L3 S 31,03 29 W 400 00 L4 S 29-1927 £ 18862 L5 S 14'30 45 W1 73.48 IRF = 112' IRON RERAR FOUND, IRS = 1 & 1/2' IRON PIPE FOUND FCS4 = FREDERICK COUNTY SANITATION AUTHORITY T.M. = TAX MAP PARCEL ESMT. = LASEMEI'VT 1NST. No. = INS7RUMENT NUMBER NOTES• 1. S17E INFORMATION: TAX PARCEL — 43 A-44 OWNER — KINGSPAN INSULA77ON LLC, INSTRUMENT No. 140009269 ZONING — M1 2. THE BOUNDARY, ACREAGE AND OTHER INFORM477ON SHOWN HEREON lS BASED ON PLATS & DEEDS OF RECORD AND FIELD SURVEYS PERFORMED BY THIS FIRM. 3• NO T17LE REPORT FURNISHED. E4SEMEN7S AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN. 4. THE PROPERTY SHOWN HEREON LIEF WITHIN ZONE X. AREAS DETERMINED TD BE OUTSIDE THE 0.2.1: ANNUAL CHANCE FLOODPLAIN PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO219D, EFFECTIVE LW7F SEP7EMBER 2, 2009. FREDERICK WATER FREDERICK WATER EASEMENT PLAT ON THE LAND OF K/NGSPAN NIWLA77ON LLC f (TAX PARG'EL 43-A-44) $70*11ALL 940smw asma ,, FR< xm couN1Y, wam ERN EST S. 1H y Lic. No. 1837 .e- SCALE.- NIA A47E.• MAY 14, 2019 - GREEIVWAYENGINEERING, INC. 151 Windy Hill Lane rrn ,yn Winchester, Vugmw 22602 SURVE GREENWAY Telephone: (540) 662-4185 FAX.- (540) 722-9528 2022C SHEET 1 OF 4 ENGINEERING www.greenwayeng. com MATCH LINE — SHEET 3 MATCH LINE — SHEET 2 / 20' FR£DERICK WATER ESMT. HEREBY GRANTED / / / f 10, / EX. 20' FCSA SEWER ESMT. INST. No. / 020018736 20' z0 .S 86'0557' W l 234.41' 45.43' 20 TEMPOR4RY CON57RUC77ON ESMT. HEREBY GRANTED A � 3 W O K/NGS'PAN INSULATION LLC INST. No. 140009269 ZONE- M 1 / y 7410" W A=227.42' R=1887.86' 0=654'08' \\\ _ Chd=S 823853' W CSX RAILROAD 60 0 60 GRAPHIC SCALE (IN FEET) , FREDERICK WATER EASEMENT PLAT ON THE LAND OF (Lic. pKING�SPAN IIVGIl A7701V LLCMAX PA M 43-A-44) STa*VAU U4=n W D/S W,, FREDETPw K COUNY, MWM S.SG4LE. 1=60'a4TE• MAY 14, 2019 N0. 1837 GREENWAYENGINEERING, INC.151 Wndy Hill Lane •�� txn ,y„ Winchester, Yrginia 22602 SURD Telephone: (540) 662-4185 GREE AY FAX (540) 722-9528 2o22C SHEET 2 Of ENGINEERING www.greenwayeng.com ESMT 19-03 T.M. 4.3 A-44 4 MATCH LINE — SHEET 4 MATCH LINE — SHEET 3 EX. FCSA SEWER ESMT C INST No. 070018044 y s T.M. 4.3 A-44 KINGSPAN INSULATION LLC INST No. 140009269 tea= ZONE- M1 I EX. 20' TEMPORARY CONSTRUCTION ESMT. INST. No. 070019237 EX. 20' FCSA SEWER ESMT. INST. No. 0700192J7 I EX. 20' FCS4 SEWER ESMT INST. No. 020018736 / 20' TEMPORARY CONSTRUCTION ESMT. / HEREBY GR4N7ED,--,— 20' FREDERICK WATER ESMT. HEREBY GRANTED MATCH LINE - SHEET 3 MATCH LINE - SHEET 2 60 0 60 GRAPHIC SCALE (IN FEET) FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN INSULATION LLC OAX P, RCB- 43 A-44) SMEWALL 94GWERW DISTRICT, nMXWXW COUNTY, MGIN04 SCALE: 1 '=60" 1 DATE • MAY 14 2019 GREENWAYENGINEERING, INC. 151 Windy Hill Lane FWD 1971 Winchester, Virginia 22602 Telephone: (540) 662-4185 GREE WAY FAX (540) 722-9528 ENGINEERING WWW.greenwayeng.com IRF h Q-W Zt004 o W � Oo o W I i Z � 0 Lic. No.'1837 OF 4 .o� IPF s ~ sa Q o�� y1 IRF T.M. 43C-4-7 . �, T.M. 43C-4-8 _ CMD MORRISON & ' BE UNDSEY TRENARY 10� WILL ST ONo. INST. No. 17000971J 10000010? I o, EX. 20' TEMPORARY CONSTRUC77ON ESMT. INST No. I 07007001804044 EX. FCSA WE SER ESMT MATCH LINE - SHEET 4 INST. No. MATCH LINE - SHEET J 070018044 i T.M. 43 A-44 I W z KINGSAO INSULATION LLC INST. No. 140009269 tea• I ZONE- M1 I // 60 0 60 IRF GWHIC SCALE (IN FEET) I FREDERICK WATER EASEMENT PLAT ON THE LAND OF �A K/NGSPAN INSULATION LLC (TAX PARCEL 43-A-44) STOAEwALL A64wTERUL DVSTRICT, n?mEwK COUNTY, wRWNU IluERNESF SCALE: 1 '--60' 1 DATE.• MAY 14, 2019 GREENWAYENGINEERING, INC. 151 Windy Hill Lane F" ,yn Winchester, Virginia 22602 GREE AY Telephone: (540) 662-4185 Fes' (540) 722-9528 ENGINEERING riWw. reenwayeng.com SH OF Lic. No. 1'837 SuRv`�.�.a v ttcvlNlA: Fli—DEIUCK CUUNTY.SUL This instrument of writing was produced to me on at I� and with certificate acknowledgement thereto .annexed was admitted to record. Tax imposed by Sec. 58.1-802 of S AA , and 58.1-801 have been paid, if assessable. ] (1, 4 � , Clerk Recelpt: 19000009786 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 2260I PHONE 4 :540.667.M0 OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 0523/2019 TIME : 12:45:10 RECEIPT # : 19000009786 TRANSACTION # : 19052300044 CASHIER: LNH REGISTER #: B700 INSTRUMENT: 190004827 BOOK: PAGE: GRANTOR: CB VENTURES LLC GRANTEE: TU. CHRISTINA RECEIVED OF: BRYANlCOLEMAN ADDRESS: CHECK: S22.00 CHECK NUMBER: 5702 DESCRIPTION 1 : ST DIST NAMES:O CONSIDERATION: SO.00 ANAL: SO.00 ACCOUNT[ DESCRIPTION PAID CODE 035 !VOF FEE $1.00 106 i(TTF) TECHNOLOGY TRUST FUND FEE (CIRCUIT COURT)l $5.00 CASE',: 069CLR190004827 FILING TYPE: AMEND RECORDED:05232019 EX: N EX: N PAGES: 006 MAP: MISC Page i of 1 PAYMENT:FULLPAYMENT AT: 12:44 LOC : CO PCT : 100% OP:0 PIN: ACCOUNT DESCRIPTION PAID CODE 145 JVSLF S1.50 301 I DEEDS $14.50 TENDERED : $ 22.00 AMOUNT PAID: S 22.00 PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 REZONING APPLICATION #02-19 • 1�K , CO CB VENTURES, LLC. Staff Report for the Board of Supervisors w Prepared: ed: August 30, 2019 � Stafl'Contact: Candice E. Perkins, AICI) , CZA, Assistant Director n!1 Reviewed Action Planning Commission: 08/07/19 Public Hearing Held; Recommended Approval Board of'Supervisors: 09/11/19 Pending PROPOSAL: To rezone 1.04-1-/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proflas. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning 1105-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant ol' Interstate 81. EXECUTIVE SUNIMARY & STAFF CONCLUSION FOR THE 09/11/19 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (In(Iustrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their August 7, 20191neetiuI-. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking ',''St((f fNote: The Applicant has removed the proffer that prohibited the construction of metal buildings on the site. This proffer still applies to the remainder of the Site rezoned with Rezoning #05-16. B) Transportation EnlianCelli ell ts: • 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation ofeurb and gutter along the frontage of the Property to the limits of the southeastern most Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 2 commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter -parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. *Staff Note: The Applicant has removed the proffer pertaining to the construction o f a pump station with a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. C) Off -Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off - site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adeouately address all concerns raised by the Board of Supervisors. 0 Rezoning 1/02-19 CB VENTURES, LLC. August 30, 2019 Page 3 This report is prepared by the Frederick Cou ntv Planning Staff to provide irrforurntion to the Planning Commission and the Board of'Supervisors to assist therm in making a decision on this lrppincatrom. It nnav also he useful to others interested in this zoning matter. Unresolved Issues concerning this application are noted lw Staff'where relevant throughout this staff report. Reviewed Action Planning Commission: 08/07/19 Public Hearing Held; Recommend Approval Board of Supervisors: 09/1 1/19 Pending PROPOSAL: To rezone 1.04-1-/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval ol' Rezoning #05-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall 0 PROPERTY ID NUMBER: 43-A-48E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial & Residential East: MI (Light Industrial) District Use: Industrial & Interstate 81 West: B2 (General Business) District Use: Commercial 0 Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 • Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04+/- acre parcel from B2, Business General District, with proffers to establish 1.04+/- acre of B3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Frederick -Winchester Service Authority: FWSA defers comments to Frederick Water. Frederick Water: Please see letter fironn Eric R. Lawrence, AICP, Executive Director dated June 18, 2019. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Attorney: I've reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. Planning & ZoninL,: • 2) Site History The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. 3) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. 3) Proffer Statement — Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: Rezoning 1102-19 CB VENTURES, LLC. August 30, 2019 Page 5 • Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf'Coursc • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking Staff Note: The Applicanthas reuroned the prof fer•thatprohibited the construction ofinetal buildings on the site. This prof fer still applies to the remainder of the site rezoned ri,ith Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline front the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz Property); and for the installation ofcurb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the property and will be completed prior to the issuance of the first Certificate of Occupancy 0 Permit associated with the Property. 2) The Applicant has proffered to provide inter -parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent \vith the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate ofOccupancy Permit associated with this Site Development Plan. Staff Note: The Applicant has removed the pr•gf fPr pertaining t0 the construction o f a pump Station With a SCADA System. This prof r still applies to the remainrer o f the Site rezoned With Rezoning #05-16. C) Off Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential laud use if desired by the individual off site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off - site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer • during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 6 0 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/07/19 MEETING: Staff reported this application is to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. Staff then provided an overview of the proffers offered with the rezoning. Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted Rezoning #02-19. Mr. Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is putting in the onsite structures and improvements on Amoco Lane with a gravity sewer lane with approval from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer for 1.04 +/- acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt continued; the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping on their property; to date three (3) landowners have contacted the Applicant to have the improvements done that will take place in the Fall of 2019. There were no public comments during the public hearing and the Planning Commission recommended approval of the rezoning application. A recommendation regardink this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • Applation Parcels Parcels • B2 (General Business District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: July 8, 2019 Application Parcels Ifs Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: July 8, 2019 REZ # 02 - 19: CB Ventures, LLC PIN: 43 - A - 48E Rezoning from B2 to B3 Long Range land Use Map 11� Applicat Parcels Long Range Land Use O Residential l� Neighborhood Village Urban Center • • Mobile Home Community Business Highway Commercial ® Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial ® Warehouse QDHeavy Industrial Extractive Mining Commercial Rec iRural Community Center Fire & Rescue • Sensitrve Natural Areas ® Institutional - Planned Unit Development ® Park Recreation School Employment Airport Support Area 0 B2/83 OResidential, 4 u/a High -Density Residential, 6 u/a ® High -Density Residential, 12-16 u/a ORural Area Interstate Buller Landfill Support Area Natural Resources & Recreation • Q Environmental & Recreational Resources 0 REZ =02-19 50 100 rM := �yYY�fv;LE^y 3� s Wui-w-'1✓lLJ � xIMGSPAW WAY 737 ,oa Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: July 8, 2019 CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia June 25, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy hill Lane Winchester, VA 22602 Greenway Engineering June 25, 2019 CB Ventures, LLC Rezoning B VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ It B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 • REVISION DATE: June 25, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel from the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and fiirther described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway • Engineering, dated October 4, 2016 (see attached Survey Plat). rile 42022C/EAW Greenway Engineering June 25, 2019 CB Ventures, LLC Rezoning E A.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most cormnercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer 0 File #2022C/EAW U • Greenway Engineering June 25, 2019 C13 Ventures, LLC Rezoning during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year fi•om the date of installation. The following off -site properties will receive a letter from the Owner identifying the various info►oration identified above: Tax Map 11 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for Couxity Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File tl2022C/EAW 3 Greenway Engineering June 25, 2019 CB Ventures, LLC Rezoning E.) Signatures 0 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC By: 2- Ned Browning, Ma ager Date Commonwealth of Virginia, • City/County ofy-(Q e�(1 - To Wit: The foregoing instrument was acknowledged before me this o2 day of 20-6 by IV Q d `s� 11 cam.--- rl N ry P c My Commission Expires i RAYNA Y. FLYTHB NOTARY PUBLIC REG. A734064 COMMONI+ MTH OF VIROW YY COMMISSION EXPipfis MAY 31. 2021 C� File 42022C/EAW 0 • ORDINANCE Action: PLANNING COMMISSION: August 7, 2019 Public I-Icaring I-leld, Recommended Approval I30ARD OI SUPERVISORS: September 11, 2019 Pending ORDINANCE AMENDING TI-IE "ZONING DISTRICT MAP REZONING 902-19 CB VENTURES, LLC WHEREAS, REZONING #02-19 C13 Ventures, LLC, was Subnlittcd by Grecnway Engineering, Inc. to rezone 1.04-1-/- acres Gom the 132 (General BUSilICSS) District to the 133 (Industrial Transition) District with proffers with a final revision date ol' .tune 25, 2019. The subject property is located at the south side of Martinsburg Pike (Route 11), the northeast side of Amoco Lane (Route 839), and at the SOUIII\vest quadrant Of Interstate 81, in the Stonewall Magisterial District, and is identified by Property Identification No.43-A-48E; and WHEREAS, the Planning Commission held a public hearing Oil this rezoning on August 7, 2019 and recommended approval; and WHEREAS, the Board Of Supervisors held a pUbhc hearing oil this rezoning on September 11, 2019; 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 ill conformance with the Comprehensive Plan; NOW, THEREFORE, I3E IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of' the Frederick County Code, Zoning, is amended to rezone 1.04+/- acres from the 132 (General Business) District to the 133 (InduSU•ial Transition) District with proffers with a final revision date Of June 25, 2019. The conditions voluntarily prol'fered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 1 I" day of September 2019 by the following recorded vote: Charles S. Del-laven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Blaine P. Dunn • PDRes. # 17-19 Gary A. Lofton Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney, Frederick County Administrator 0 AMENDMENT Action: PLANNING COMMISSION: June 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: July 27, 2016 - X- APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 405-16 CB VENTURES, LLC WHEREAS, Rezoning #05-16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75± acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning • District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date. of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43-A-48A in the Stonewall Magisterial District; and • WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on.July 27, 2016; 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 rezone 3.75-1 acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #24-16 -2- This ordinance shall be in effect on the date of adoption. Passed this 27th day of July, 2016 by the followingrecorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Robert A.. Hess Absent RobertW. Wells: Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST renda G. Garton Frederick County Administrator C) ' j G 0 0 0 711--i Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 • Revised July 1, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ 1105-16 B-3, LZdustrial Transition District and B-2 Business General District to B-2 Business General District with proffers PROPERTY: 4.98± acres Tax Map Parcel /43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: February 1, 2016 REVISION DATE: July 1, 2016 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-16 for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, development of the 4.98±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #150011639, and further described by ALTA/AGSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). • File #2022GCiA W/fuc Greenway Engineering A.) Land Use Restrictions February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 1. The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Fire and Rescue Stations No SIC Indicated Adult Retail No SIC Indicated 2. The Owner hereby proffers to prohibit metal building construction on the Property. B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by the developer of Tax Map Parcel 43-A-48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining property. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan adjacent to the 30' ingress/egress easement on the adjoining property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Sewer Pump Station The Owner hereby proffers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provide public sewer service for the buildout • File #2022C/EAW/fue —r, Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 • Revised July 1, 2016 of the Property; as well as the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane (Route 839). The Owner proffers to design lie sewer pump station and sewer collection system in conformance with FCSA standards specifications and construct the sewer line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer pump station at their cost. The sewer pump station will incorporate a SCADA system as a component of the design plans. Should FCSA determine that a different control system be required subsequent to rezoning approval; it is agreed that the Owner can incorporate the different control system without the requirement of modifying this proffer. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that. are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site • property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. • The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. File 02022ClEA W/fue Greenway Engineering F.) Signatures February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 OWNER SIGNATURE ON FOLLOWING PAGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manage D to Commonwealth of Virginia, City/County of 'T «A e CI C To Wit: The foregoing instrument was acknowledged before me this day of 20 II � by NO b"'u �-Z Notary Public My Commission Expires] • OEANNA D PAINTER• NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30.2020 Pile #20220EAW/fue CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT r'• r .V { it I w, d Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia May 10, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • Ocellway 1{11gincciing \lay 10, 2019 ('I1 Nenuacs, I.L(' Cimuneicial Retuning CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared fbr the purpose of assessing the impact on Fredrick County by the prol7crcd rezoning of' a 1.041-acre subjcct property owned by CB Ventures LLC and identified as Tax Parcel 43-A-48E. The subject property is located in the southwest quadrant of Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 1 I) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48E is currently zoned B-2, Business General District with proffers. The Owner proposes to rezone the 1.04±-acre subject property to B-3, Business Industrial Transition District with proffers to allow for the development of' the 1.04t-acre subject as an automotive tire and battery service facility. The County Planning Department identifies this type of facility under SIC Major Group 75 — Automotive Rcpair, Services, and Parking; therefore, the rezoning of the subject property from the B-2, Business General District to the B-3, Business Industrial Transition District is required to allow for this land use on the subject property. Basic information Location: Fronting on the south side of Martinsburg Pile (U.S. Route 11) and the west side of Interstate 81, at the southwest quadrant ol' Interstate 81 Exit 317. Magisterial District: Stonewall District Property ID Numbers: 43-A-48E Current Zoning: B-2, Business General District with proffers Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District with proffers Proposed Use: Automotive Tire and Battery Service Facility Total Rezoning Area: 1.04±-acres with proffers Pile 112022C Impact Statement/JRM 2 Greenway Engineering May 10, 2019 COMPREHENSIVE POLICY PLAN Urban Development Area CB Ventures, LLC Commercial Rezoning The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 1.04:h-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to acconnnodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to acconnnodate areas of the County in which conunercial and industrial land use development is only desired. The 1.04±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to acconnnodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Comprehensive Plan Conformity The 1.04±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies land uses, transportation networks, and other matters that are reconnnended for consideration for future land use and development within this geographic area of the County. The 1.04±-acre subject property is identified for business land use; therefore, the proposed B-3, Business Industrial Transition District rezoning to accormnodate the proposed development of an automotive tire and battery service facility or other commercial land uses is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Access The 1.04±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route 11), adjacent to the Interstate 81 Exit 317 interchange. Access to the subject property will be provided through internal private service drives through adjoining properties that will allow for traffic to utilize the existing right in/right out commercial entrance along Martinsburg Pike (U.S. Route 11) and the existing full access commercial entrances along Arnoco Lane (Route 839) that will allow for protected left -turn movements at the signalized intersection with Martinsburg Pike. Inter -parcel ingress and egress is permitted through easements identified in section(s) 3.3, 3.4, and 3.5(e), and 3.6 of the "Declaration of Condominium for CB Ventures Land Condominium" recorded as instrument number 160011322. File #2022C Impact Statelnent/JRM • • • • • • 0eenway higinceiing May III, 2019 ('I1 VC11mics, 11C Conuncicial Ruoning Flood Plains The 1.041-Acre subject property does not contain areas of ►loodplain as (IClllonstratc(I on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009. Wetlands The 1.04±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information of ►rom llllormation identificd in the Frederick County GIS Database. Soil Tym The 1.04±-acre subject property contains one soil type as demonstrated by the Soil Survey 01' Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 32B Oaklet Silt Loams 2-7% slope The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell properties. The subject property has the same soil type as adjoining parcels that are developed or are currently being developed. The site soil type is conducive for conllllercial development ol'the subject property. Other Environmental Features The 1.04f-acre subject property does not contain areas of' steep slope, lakes or ponds or natural storniNvater retention areas as defined by the Frederick County Zoning Ordinance. Tile subject property is located in the geographic portion of the County that is underlain by karst geology. Frederick County has reviewed and approved SP #07-17 Ior the entirety of' the Owner's parcels owned which includes the 1.04±-acre subject property. The Owner has obtained a Land Disturbance Permit ii'oln Frederick County and is currently perlorming lllajol' lllfl'astrllcture improvements. No development issues specific to the karst geology have been encountered during current construction activities. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: B-2, Business General District Use: Hotel and Restaurant South: B-2, Business General District Use: Unimproved File 112022C Impact Statenient/.11 M 4 Greenway Engineering May 10, 2019 East: M-1, Light Industrial District (across hlterstate 81) West: B-2, Business General District TRANSPORTATION CB Ventures, LLC Commercial Rezoning Use: Unimproved Use: Convenience Store The 1.04±-acre subject property was a portion of the 4.98± acres owned by CB Ventures, LLC that was rezoned by the Frederick County Board of Supervisors on July 27, 2016 to the B-2, General Business District with proffers (RZ #05-16). Subsequent to this approval, Greenway Engineering processed Site Plan #07-17 for the 4.98± acres owned by CB Ventures, LLC which was approved by the County on June 20, 2017. Construction has commenced for the on -site and off -site improvements identified on the approved site plan. The approved proffer statement specific to RZ #05-16 Applicant provided for two transportation enhancements which included the installation of curb and gutter along the property frontage along Amoco Lane (Route 839); milling and overlay asphalt improvements to the Amoco Lane centerline; and for inter -parcel connections to adjoining properties. Site Plan #07-17 provided for all applicable transportation enhancements identified in the proffer statement specific to RZ #05-16 and the Owner has obtained a Land Disturbance Permit from Frederick County and is currently performing major infrastructure improvements that includes the installation of curb and gutter and milling/overlay work on Amoco Lane. The inter -parcel connection to the adjoining property that will provide access to the 1.04±-acre subject property is intended to be installed during the development of this parcel. Therefore, the proffer statement prepared for the proposed rezoning maintains this proffer from the previous rezoning application and does not include the previous proffer associated with the Amoco Lane improvements as these improvements are currently under construction. The proposed rezoning of the 1.04±-acre subject property to the B-3, Industrial Transition District is to allow for the development of an automotive tire and battery service facility. The Owner is not proffering this as a specific use for the subject property; therefore, Greenway Engineering has analyzed uses permitted in the B-3 District that are not otherwise permitted in the B-2 District to determine what use represents the greatest impact on traffic generation. Of those potential land uses, the "Automotive Repair; Services, and Parking" (SIC 75), was determined to have the highest potential traffic generation impact. The ITE Manual of Trip Generation, 9th Edition, Land Use 943 "Automobile Parts & Service Center", identifies a Saturday Peak Hour of Generation of 6.61 per 1,000 sq. feet of gross floor area, as the greatest traffic generation factor for this land use. It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet, which would yield approximately 43 peak hour trips. This traffic generation would be less than permitted land uses in the B-2 District that the subject parcel is currently zoned; therefore, the proposed rezoning does not create additional traffic impacts than were determined to be mitigated under the previous rezoning application. File #2022C Impact Statement/JRM • 11 (ircenway 1'.11ginceiing \lay 10, 2019 ('13 ventures, 11C Conuncicial Rezoning SE«VAGE CONVEYANCE AND TREATMENT The 1.04±-acre subject property is located within the Sewer and Water Service Area (SWSA); therelore, the property is entitled to be served by public sewer based on County Policy. Frederick Water (FW) is the provider oi' public sever service within this area of the County but does not currently have sewer infrastructure within, or adjacent to the subject property. The subject property was part of RZ #05-16 that was rezoned by the Board of Supervisors on July 27, 2016. FW issued a letter dated March 23, 2016 in conjunction with RZ #05-16 advising that there was adequate capacity at the Opequon Wastewater Treatment Facility to accommodate the 22,000 gpd proposed sanitary flows projected for the buil(iout of the 4.98s- acre project and the Red Bud Pump Station could accommodate the added flows from this project. However, FW advised that sewer conveyance for the 4.98±- acre project could potentially be challenged due to nearby se\\,ci- loi-cc main capacities. Greenway Engineering worked with FW to determine the appropriate approach for the development of sever infrastructure to provide sever service for the 4.98± acre project and for the properties along Amoco Lane (Route 839). In accordance with the proffer statement approved July 1, 2016 (RZ #05-16), Greenway Engineering submitted a public improvement plan, for a new pump station, with a SCADA system, to be located at the terminus of Amoco Lane that vvas approved by FW. Through additional coordination with FW, it was determined that a more mutually beneficial plan was available, and that sever capacity for the overall project could be obtained through the construction of an V gravity sever line to an existing sever manhole located near the rail spur serving the Kingspan facility. Gi'CCnway Engineering has designed a gravity sewer system that collects effluent from the 4.98t acre project area (which includes the 1.04± acre subject property proposed for rezoning) that has been sized to allow for off -site land uses to connect to this system. The gravity sever system design includes the sever collection system within the subject project and along the Amoco Lane frontage to allow f6r on -site and off -site connections. The gravity sewer systern will terminate at the existing sever manhole located near the rail spur serving the Kingspan facility, which ties into the Red Bud Pump Station to direct effluent to the Opequon Water Treatment Facility. The CB Ventures Gravity Sever Plan has been designed and submitted for review and approval to FW and the County Public Works Department. Both agencies have approved this design plan and the approved improvements will be installed prior to development of the subject property. FW has determined that this approach is appropriate for addressing sewer impacts associated with the 4.98f acre project; therefore, the sewer requirements associated with proposed rezoning of the 1.04± acre subject property have been adequately addressed. WATER SUPPLY The 1.04±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water (FW) is the provider of public water service within this area of the Pile 112022C Impact Statement/.IRM 6 Grecnway Engineering May 10, 2019 CB ventures, LLC Commercial Rezoning �J County and has an existing 10" water line located along Martinsburg Pike (U.S. Route 11) and Amoco Lane (Route 839) that provides public water to the property. Frederick County approved SP #07-17 for the CB Ventures 4.98± acre project area on July 24, 2017, which includes the 1.04f subject property proposed for rezoning. SP #07-17 was reviewed and approved by FW on April 24, 2017 as part of the site plan approval process and they determined that adequate water pressure and capacities were available for service to this property. Additionally, the water system design for the build -out of commercial land use on the 4.98± acre project included the connection of a temporary bypass of the existing 2" water line to connect the 2" water line to the newly installed 10" water main after it is constructed and fully tested. The newly installed 10" waterline will connect to a newly installed 8" water line that will be located throughout the 4.981 acre project, which will terminate at the 1.04f acre subject property. As part of County's review process of RZ 905-16, the maximum anticipated flow for build out of the 4.98:h acre area was projected by FW at 50,000 gpd. Greenway Engineering has utilized 2015 FW water meter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water demand projection of 22,000 gpd for the buildout of the 4.98i:L acre project area. The projected water demand of 22,000 gpd falls well below the available water supply identified by FW for this site; therefore, there is adequate supply and pressure that will be available for the buildout of commercial land use for the proposed development project. • SITE DRAINAGE The topographic relief on the 1.04±-acre subject property generally follows a north to east pattern, which directs drainage from the subject property towards the rear of the property adjacent to Interstate 81. The applicant has provided stormwater management through a design, which has been approved by Frederick County as part of SP #05-17. This stormwater management includes two detention areas, one of which is in the southeast portion of the subject property. The proposed rezoning of the subject property will not affect the existing, approved stormwater management design of the site. The stormwater quantity and quality measures have been designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the connlnunity have been mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the redevelopment of the 1.04± subject site can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 0' edition). It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the anticipated 6,500 square feet of commaercial land use: File #2022C Impact Statement/JRM 7 • 61cenway Fligincering Nlay 10, 2019 ('13 \Cnnaes, 11C Comm rcial Ruol)Im! AAV = 5.4 Cu. yd. per 1,000 Sq. ft. Co111111CIVial AAV = 5.4 Cu yd. x 6.5 (1,000 sq. f't) AAV = 35.1 Cu. yd. at build -out, or 24.57 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landlill has a Current 1-Clllallling Capacity 01' 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 24.57 tons of' solid waste annually oil average. This represents a 0.017% increase in the annual solid waste received by the Municipal Solid Waste area of' the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the conllncrcial development will be disposed at the Regional Landfill by a commercial waste hauler; thcrCRlrC, tllc County will receive tipping ICCS associated with this land use to mitigate this impact. The Regional Landfill has adCquatC Capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES Tile Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 1.04f-acre subject property, nor does the survey identify properties within proximity of' this site that are deemed potentially significant. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.04±-acre • subject property as being located within the Second Winchester — Stephensons Depot study area boundary; however, the subject property is located well outside of' the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the coil inci'clal development plan for the property will not create negative impacts associated with historic resources. • OTHER POTENTIAL INIPACTS The commercial development of the 1.04±-acre subject property will provide new economic development opportunities for Frederick County, which has been recognized by the County to be positive in the consideration of fiscal impacts to County Capital Facilities. It is understood that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to County fire and rescue services. File 112022C Impact statemenl/.IRK4 315 Tasker Road Stephens City, Virginia 22655 June 18, 2019 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 d FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.coni RE: Rezoning Application Comment CB Ventures LLC Commercial Tax Map Numbers: 43-A-48E 1.04+- acres Eric R. Lawrence Executive Director Dear Mr. Wyatt: • Thank you for the opportunity to offer review comments on the CB Ventures LLC Commercial rezoning application package, dated May 10, 2019, and received at Frederick Water on May 27, 2019. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA) and is served by FW. Based on the project's location both water and sanitary sewer services are available within a reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment plant is presently available for the anticipated 22,000 gpd for the original 4.98+- acre site; the subject rezoning is for a 1.04+- acre portion of the larger site. The applicant has designed a gravity sewer solution that would adequately service the wastewater needs of the larger 4.98+- acre site. It is reasonable to expect that the sewer solution be constructed by the collective ownership of the original 4.98+- properties, including a contribution from the 1.04+- acre property which is subject to this rezoning. For sewer service for the subject property, the gravity sewer solution would be constructed at the developers' expense. u, 45,E • ANNIVERSARY Water At Your Service `dwMMA--r Page 2 CB Ventures LLC Commercial rezoning application Evan Wyatt June 18, 2019 The applicant's proffer statement, dated May 10, 2019, is silent on improvements to the water and sewer system. Lack of a proffer commitment does not alleviate the developer's responsibility to extend sewer to the property. The existingfapproved July 1, 2016 proffer applicable to the subject property, as well as to the original 4.98-acre site, which included the developer installing a SCADA system, is not included in the May 10, 2019 proffer. Therefore the existing SCADA proffer would be removed from the commitments applicable to the 1.04-acre site; the SCADA proffer continues to remain applicable to the balance of the 4.98-acre original site. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal. Water and sanitary sewers are to be constructed in accordance with the FW standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincerely, pr � Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department • 0 • • Re -zoning Cai: menu �,Iirg;n 9 Deparrive f cif Transportation Mail to: Aaz a deliver :o: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 (540) 984-5600 Appi cant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering Telephone: (540)662.4185 Mailing Address: 151 windy Hill Lane Winchester, VA 22602 Location of property: The property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (RI. 839) at the southwest • quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. Virginia Department of Transportation Comments: t J ' 1) VDOT Signature & Date: ` q Notice to VDO'f - Please Return Form to pplicant 20 0 Evan Wvatt From: Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> • Sent: Monday, June 10, 2019 2:03 PM To: John Bishop; Mark Cheran Cc: Evan Wyatt; Smith, Matthew B., P.E. Subject: CB Ventures LLC - VDOT Comments to Commercial Rezoning Attachments: CB Ventures.pdf ..r fj j P `i { r t% I j/ s Y,.? d eY37t a �t 4i 1.' i�. f t i1 DEPARTMENT OF TRANSPORTATION Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04 +/- acre parcel from B-2, Business General District, with proffers to establish 1.04 +/- acre of B-3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Should you have any questions, please do not hesitate to contact me. Matthew B. Smith, P,E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-56: 5 fax: 540/984-5607 e-mail Matthew.Smith vdot.virgtima.cLov • LJ 0 Rezoning Comments Frederick -Winchester Service Authority Mail t : Fred -Wine Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Executive Director 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service Authority with their review, Attach a copy of your Application form, location map, proffer statement, impact analysis, and any other pertinent Information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540)6624185 Location of property: The prop" is located on the south side of I.Wlinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: 133 Acreage: 1,04Ac. Fred-Wiric Service Authority's M ut, �hority's Comments: r/ 1 �w S 4J Lu ' CAws,.' -ve Fred -Wine Service Authority's' - Signature & Date: M- . Notice to Fred -Wine Service Authority - Please Return Form to Applicant 33 • Tezarllug Comments. • 0 Fre-Orn ick Cau.nt'y Department of Ptjblic Woa lrs 19riail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Rand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applic3rit: Please fill out the infonnation as accurately as possible in order to assist the Department of Public Works with their review. Aflaeh a copy of your applications form, location map, proffer statement, impact analysis, and any oflncr per inert lnfocrmation. Applicant's Name: Greenway Engineering Telephone: (540)662-41e5 Mailing Address: 151 Windy Hill Lane quadrant of Interstate 81 Exit 317 Location of property: The property Is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. Department of Public Works Comments; Public Works Signature & Date: ��t/1 Notice to Dept. of Public Works - Please Return This Form to the Applicant 21 • • is R mooning Comments h4a13 to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 iimd deft ver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Co verstone Drive Winchester, Virginia Aj?ZLi-jrF.Yvt: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a t:upy Of your for„i., ioc:, 'o.r►on�,, pr><.er sratem..ent, impact anaiysis, end any other— perthient information. Applicants Name: Greenway Engineering Mailing Address: 151 Mindy Hill Lane Telephone: (540)6624185 Winchester, VA 22602 Location of property: The property is located on the south side of martmsburg Pike (US RL 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of interstate 81 Exit 317 Current zoning: B2 Fire Yi--arsha!'s Comments: Zoning requested: B3 Acreage: 1.04 Ac. Fire Marshal's Signature & Date: _ Ivotice to Fire Marshal - Please Return This Form to the Applicant iPX Fred. ^k f nor>zt7: Dq)r►P:! fire and ReSe r L oft he r 1!!f arshut r. 3 ' •• WO Cove:s;onreJ rave ;4:ncsSestes, VA22602 (540) 665-6350 Fax. (540) 678-4731' Emaa . fmo@fcv&us Plan Review & Comments Date Received 5129/2019 Plan/Permit Type Rezoning Application 05-29-12 Name CS Ventures Comrr,ercial Rezordrag Address Martinsburg PIKE Winches' c- Project Name Commercial Rezoning Applicant Name & Number Greenway Engineering 540-662-4185 R E# Permit Number Emergency Vehicle Access: Adequate Inadequate N/A Hydrant Location: Adequate Inadequate N/A Siamese Location: Adequate Inadequate N/A i Fire Lanes Required: Yes No NrA Plan Approval Status Approve prove Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Y Date Reviewed 6/4/2019 VA 22602 • 0 Evan Wyatt •From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, July 2, 2019 4:01 PM TO: Evan Wyatt Cc: Candice Perkins Subject: RE: CB Ventures rezoning Evan — I've reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. e From: Rod Williams Sent: Tuesday, June 11, 2019 3:56 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: CB Ventures rezoning Evan - Attached is my comment letter on this rezoning proposal. M Roderick B. Williams •County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia(a)fcva.us 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $ 5104,00 Zoning Amendment Numperc)a-I9 Date Received I`i PC Hearing Date s'[ -1 ; 1 �— BOS Hearing Date ~' " 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: Greenway Engineering, Inc. Telephone: (540)662-4185 Address: 15 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): • Name: CB Ventures, LLC Address: 415 West Cecil Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540)313-5132 Telephone: (540)662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48E b. Total acreage to be rezoned: 1.04+/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.04+/- acres d. Current zoning designation(s) and acreage(s) in each designation: B2 Business, General District C. Proposed zoning designation(s) and acreage(s) in each designation: B3 Industrial Transition District f. Magisterial District(s): Stonewall District is 12 S. Checklist: Check the following items that have been included with this application. Location map _ ✓ _ Agency Comments _ ✓ _ Plat _ J _ Fees _ ✓ _ Deed to property _ J _ Impact Analysis Statement _ ✓ _ Verification of taxes paid _ ✓ _ Proffer Statement _ ✓ _ Plat depicting exact meets and bounds for the proposed zoning district _ ✓ _ Digital copies (pdf" s) of all submitted documents, maps and exhibits 6. The Code of Virminia 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: CB Ventures, LLC. - Edward "Ned" Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 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): The subject property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317. • • 13 0 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: Office: Retail: Restaurant: Commercial: 10. Signature: Ntunber of Units Proposed Townhome: N/A Multi -Family: N/A Mobile I -Tome: N/A Hotel Rooms: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 6,500 SF +/- 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. Applicant(s): LIU 1 • L k Date: 5 "X�)111_ Date: Owner(s):,�," i lC - Date: N 2 _ Date: 0 14 • a i OC7 6611+ 43 A SOA P,� - 43 A 48E J (+j �1 Zrwu ` W z < Wo ^ p� z l7w 43 A 48 � Q V G w Z O w z d 43 A 480 NN `'J U CCw / J J J o w U d z_ z Z 939 w O O > U In U Q \ w _c- —PACTIV tVAv � m h wc�a a z N o Le4end a O z Z CO w J a > CB Ventures, LLC Property. TM 43-A-48E a�(r : p 0�}� � D o Adjolners w <_ v 5 a 0 a O v w CrO ;i Y Parcel Boundary1 � z � U ¢ u Z Q 4 w O O w > Q) 7 0 ^ rj CO Q Z LJ � Feet LL 0,(n o 150 0 150 Q O ADJOINING ►ROPE TRIES 7APlF _ T� N1rn4tr O►wrr � Mnun� AdAntf City RnA Sub 71p Zoe A3�46 RPE�•.o �ROpE0.11fS INC, CIO i/lf T)0.1Q9ATIN lOGl pA0.7R0 57C106EH AVf A'ODNA, PA P.,43Ay(+ TU C1MESlINA, :601NE1 IN 57 r.ENS f�M1, VA 87 47 A :M RDM NOy1TAl7TY llC, 1601AN0.iINSWRG PAR( 1MNC���'�iR VA )MO3 s2 Asap Dow Somme Flreend Ca,ny, -As GES D�pwww M. 2019 Dan • 171 ADJOINING PROPERTY OWNERS } Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Name Kremer Properties C/O Sheetz Property # 43—A-48 n. Jody Name Tu Christina Property # 43—A-48D Name RDM Hospitality;LLC, Property # 43—A-50A Name CB Ventures, LLC Property # 43—A-48C, 43—A-48A Name Property # Name Property # Name Property # Name Property # Name Property # Address 5700 6th Ave. Altoona, PA 160 Inez Lane Stephens City, VA 1601 Martinsburg Pk Winchester, VA 415 Cecil St. Winchester, VA 22601 • • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: mvNv.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) CB Ventures, LLC (Phone) (540)313.5132 (Address) 415 CCCII Street, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to the (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 160011322 on Page , and is described as Parcel: 43 Lot: A Block: 46E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540)662.4105 (Address) 151 Windy HIII Lane, Winchester VA 22601 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: _Rezouing (including proffers) Conditional Use Permit Master Development Plan (Prel 7NA Subdivision YI'HEBLICSite Plan 080Variance or A eal rCOMOF VIRGINIAPP ""'My21 1RES My attorney -in -fact shall have the authority to offer proffered conditions and to make amen me usly approved proffered conditions except as follows: This authorization shall expire one year from 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 _d day of J (A 20 1q_, Signature(s) State of Virginia, City/County of fired U1 1�-- , To -wit: 1, R1In Gt y, RyLb-e, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) wild signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this a2 day of 20 My Commission Expires: Nogry Public 151 Windy Hill Lane GREENWAY Winchester, VA 22602 17NGINEERING June 25, 2019 Frederick County Attorney's Office Attn: Rod Williams, County Attorney 107 North Kent Street Winchester, VA 22601 RE: CB Ventures, LLC Commercial Rezoning Proffer Statement Revisions Dear Rod: I appreciate your willingness to meet with me earlier today to discuss the comments specific to the May 10, 2019 Proffer Statement. I have attached a redline revision of the Proffer Statement for your review to determine if this document is acceptable to obtain owner signature to formally submit as inforination with the Rezoning Application packet. Additionally, I have sununarized the comments received from your office and the Planning Department specific to the Proffer Statement as follows: Planning Department Comments — June 5, 2019 ➢ The recommendation to include the entire parcels within the development was discussed as an option. However, it appears that a recent court decision from a similar matter in the Town of Leesburg should be the path that is followed with this rezoning. ➢ Proffer B I has been revised to include the word "previously" (froni the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43- A-48) to clarify where the improvements for this project begin. County Attorney Comments — June 11, 2019 ➢ Proffer B 1 was discussed and was determined to be acceptable as written. Maintaining this proffer requires participation in these improvements by all properties currently owned by CB Ventures, LLC and commits to these improvements being completed prior to the issuance of the first Certificate of Occupancy Permit regardless of if this occurs on the proposed parcel to be rezoned B3 or the other parcels that will retain the B2 zoning designation. ➢ Proffer B2 was revised to clarify the inter -parcel comiection to be designed and constructed in conjunction with the Site Development Plan for the Property. ➢ Proffer C was revised based on my review of the County parcel data that indicates Tax Parcel 43C-4-9 is no longer on the County's real estate tax role. It appears that this parcel was consolidated into Tax Parcel 43C-4-8 subsequent to the approval of the previous proffer statement that was approved for CB Ventures, LLC. Project #2022C/EAW Please note that I have provided Candice Perkins with this information and would ask for both of you to review this information and contact me if you have any questions or if you need any additional information regarding this matter. Sincerely, Lzatt, ��- LLk EvanDircCt f a of o Land Planning Greenway Engineering Cc: Candice Perkins, Deputy Planning Director Project #2022C/EAW ele0 BIOZ WO-IJedeO SIO eA i"''P"'A "un.r; "O'd j' 04 O (r I I m M o7 � 0 OJ o U) m z m — c) < o " O p m D Z r Z Alepuno819OJed m o C) r Z m C n D v n C slauiofpv m C Co D Z � 38b V-£b Wl '�(�ladad ill 'sajnivan 8� o� m m m n Xo� pub z o D cmn z � Z n � G) M ��a m D m - co w i --- AVM-AI1oHd--p m � \ D C) 0 m C- n O O m 6Ea z z z m c G) � � n m (/) L 99 O r r m m N Oer v sv m O 0 �J0 Dz m n o� O O� LL ^ Ll Z c� m rrl rrlZ � Nk ' y O vos v Ev z 0 'H f09ZZ V� M3153H7NIM 31f1d 9tlf1HSN111lVW I09I 711 AlI1V11dSOH W01! VOS V ` 19 �59ZZ VA'A1175N3Hd315 N1 Z3N109i 'VNIISIUH7 fll 084 V f t L9 t099T Vd'VNOOIIV 3�V H19 00[S OAlEiV9 AOOf NllV 60Ek Z133H5 O/7'7NI S311U3dOUd U3W3U)f 86 V fv IuoZ IZ a3e3S PUe I� ssaippy ullleyy �au�+p iagwnN eye zel 3lHV1S3LLM3dOHd 9NINIOfOV C6 VENTURES, LLC (Date) (TO property owner address) To Nvllolll It Illay Concern: C13 Ventures has proffered to provide a landscape buffer for property Tax Map i'1 that is fronting along Amoco LflIIC (Route 839) If desired by the Individual off -site property owner. This letter serves as notification to you, the property owner. C13 Ventures, LLC will offer to pay for the cost to Install a single row Of CvCrgrccn trees that are a I11II1i111L1111 of f61.11- fCCt In height and planted Oil I046ot centers in a location acceptable to each property owner. This letter requires the property owner to respond in writing within 90 days of receipt of this letter advising C13 Ventures, LLC of their desire to have the landscape buffer installed within a landscape casement provided on the off - site property. CB Ventures, LLC shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement ofany tree that does not survive for a period of one (I) year froill the date Of installation. (The following off -site properties will receive the above letter from CB Ventures, LLC identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 ) Best Regards, Edward Browning This sample copy serves as Frederick County Planning Departments letter for inclusion in the rezoning project file. CB Ventures, LLC 415 W Cecil Street, Winchester, Virginia 22601 540-313-5132 Y. a • Y'jip r y.1,f��l;I t � tSt \, ,(1t`. j , � t^`� • iJ;. tit}.4 i VIA �l p. jam. j71:. 1 '� ♦ / ya ♦ �• �„i L � �r b y *S `L'7. tQ ♦ a x. r r *`�`1 a � �.• �'1 Y.a:. \!F ay tt�.. �j�Sj �i�4�[(t �1 i'i; ,�iY II', ♦r�Y•'j }• J �� i' ♦ �-♦ 7 7�. •� ,x'�r�7,. � �. !c -.� J Ij,f'i. M�� w•i �� \r•� 4\C.f \.t�4 I I \ � � . ` Ir r ,r r� f' 4 J ,' � / r y S , •i `3 I `- ., ♦` + i Ij 1( i� �� 15 jJr � J '� y . t - . ,� s� j .. ') :L- ' 1,.� ,).7 Vf aT :� � t• ,,ya. _ ..: _ - _..�� a�� y,: � ', r• �i - y_ `-.r- f' . j-n. 1 1. J.. , 1 r •A' ;Fk." s � - h•, _ r +r,- . �.� 'f. �,ri-i �.w�.:•v. _ - t. - _ 'f•,;_-` :I •L�'r�-"+•:.L; r� r .. - `1 +��' .�•'r:Z•''.ti: -'-'�5-•-�r+T' �lYr - ' ', t' � % 1 '4 ~�• '�r + i 'y "{li. t,.;_ v� t '`e. "_s+*� _ v.� -ter , t. .. + � 't� ca t. _ • - t r. v . - _ y'1 :; _ �,rC C ' �' ! - a ,• 1 7 •, �' •,1 �,� , _fib /. 1000 r i'7^ - - _ I `t ,� rr 1.- "'' kit' R , .:•V j /�. - - t a .. ) 1 ,,{' K.•,�. Ir. a'„tirj•+�+ri ��� � �.�.. "ice f/ - •� ^G 7 :71 - Vi"Y Vl�t' ! � ♦ 4j�w t �...> � I V ;:V •���� 1 J�rY~ ai r• s `1 r _ .T i�-"r ;ly�i:'�sx'd� ti i"h���i`�°i�' �•,,r '� `G�tt'.` `.,`x;'►• tr�?�'k� �a �?�.fr►+' t,.�• Vo ' . . `' _ �, y �+ r F� + ; "sf•`, s•(lrv,..�, +N+.� .,` ,, r►,✓ � ''i`"".r,`i�J3r1 �3 s`I I • • 315 Tasker Road Stephens City, Virginia 22655 June 18, 2019 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 M FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com RE: Rezoning Application Comment CB Ventures LLC Commercial Tax Map Numbers: 43-A-48E 1.04+- acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the CB Ventures LLC Commercial rezoning application package, dated May 10, 2019, and received at Frederick Water on May 27, 2019. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA) and is served by FW. Based on the project's location both water and sanitary sewer services are available within a reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment plant is presently available for the anticipated 22,000 gpd for the original 4.98+- acre site; the subject rezoning is for a 1.04+- acre portion of the larger site. The applicant has designed a gravity sewer solution that would adequately service the wastewater needs of the larger 4.98+- acre site. It is reasonable to expect that the sewer solution be constructed by the collective ownership of the original 4.98+- properties, including a contribution from the 1.04+- acre property which is subject to this rezoning. For sewer service for the subject property, the gravity sewer solution would be constructed at the developers' expense. 5011 ANNIVERSARY Water At Your Service ]-WMEM-t Page 2 Ca Ventures LLC Commercia•oning application • Evan Wyatt June 18, 2019 The applicant's proffer statement, dated May 10, 2019, is silent on improvements to the water and sewer system. Lack of a proffer commitment does not alleviate the developer's responsibility to extend sewer to the property. The existing/approved July 1, 2016 proffer applicable to the subject property, as well as to the original 4.98-acre site, which included the developer installing a SCADA system, is not included in the May 10, 2019 proffer. Therefore the existing SCADA proffer would be removed from the commitments applicable to the 1.04-acre site; the SCADA proffer continues to remain applicable to the balance of the 4.98-acre original site. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal. Water and sanitary sewers are to be constructed in accordance with the FW standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincerely, a Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department • Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 • Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540)662-4185 Winchester, VA 22602 Location of property: The property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. 20 Evan Wyatt • • From: Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> Sent: Monday, June 10, 2019 2:03 PM To: John Bishop; Mark Cheran Cc: Evan Wyatt; Smith, Matthew B., P.E. Subject: CB Ventures LLC - VDOT Comments to Commercial Rezoning Attachments: CB Ventures.pdf DEPARTMENT OF TRANSPORTATION Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04 +/- acre parcel from B-2, Business General District, with proffers to establish 1.04 +/- acre of B-3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Should you have any questions, please do not hesitate to contact me. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew. Smith (a)vdot.virginia.gov Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Executive Director 107 North Dent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service Authority with their review. Attach a copy of your application form, location map, proffer i statement, impact analysis, and any other pertinent Information. J Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540)662-4185 Location of property: The property is located on the south side of Martinsburg Pike (US Rt 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest Current zoning: 82 quadrant of Interstate 81 Exit 317 Zoning requested: B3 Acreage: 1.04 Ac. Fred-Winc Service Authority's Comments: Fred -Wine Service Authority's Signature & Date: �=� , Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 9 • Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's NaIrie: Greenway Engineering Telephone: (540)682-4185 Mailing Address: 151 windy frill Lane quadrant of Interstate 81 Exit 317 Location of property: The property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. Department of Public Works Comments: 1 Public Works Signature & Date:C Notice to Dept. of Public Works - Please Return This Form to the Applicant 21 • 0 Rezoning Comments Frederick County Fire Marshal IRt Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 windy Hill Lane Telephone: (540)662-4185 Winchester, VA 22602 Location of property: The property is located on the south side of Martinsburg Pike (US RL 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. Fire Marshal's Comments: /19 Fire Marshal's Signature & Date:(D it Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 0 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email. fmo@fcva.us Plan Review & Comments Date Received 5/29/2019 Plan/Permit Type Rezoning Application 05-29-19 Name CB Ventures Commercial Rezoning Address Martinsburg PIKE Winchester Project Name Commercial Rezoning Applicant Name & Number Greenway Engineering 540-662-4185 R E# Permit Number Emergency Vehicle Access: Adequate Inadequate N/A Hydrant Location: Adequate Inadequate N/A Siamese Location: Adequate Inadequate N/A Fire Lanes Required: Yes No N�A i Plan Approval Status Approve Comments %i Signature: - �f Reviewed By: Kenneth Scott, Jr. Title:, Date Reviewed 6/4/2019 VA 22602 Evan Wyatt 9 From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, July 2, 2019 4:01 PM To: Evan Wyatt Cc: Candice Perkins Subject: RE: CB Ventures rezoning Evan — I've reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. :•e From: Rod Williams Sent: Tuesday, June 11, 2019 3:56 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: CB Ventures rezoning Evan — Attached is my comment letter on this rezoning proposal. '•• Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia fcva.us 1 a I Evan Wyatt Rod Williams <rwillia@fcva.us> Tuesday, July 2, 2019 4:01 PM Evan Wyatt Candice Perkins RE: CB Ventures rezoning Evan — I've reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. From: Rod Williams Sent: Tuesday, June 11, 2019 3:56 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: CB Ventures rezoning Evan — Attached is my comment letter on this rezoning proposal. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia fcva.us 151 Windy Lane GREENWAY Winchester, VA 22602 ENGINEERING June 25, 2019 Frederick County Attorney's Office Attn: Rod Williams, County Attorney 107 North Kent Street Winchester, VA 22601 RE: CB Ventures, LLC Commercial Rezoning Proffer Statement Revisions Dear Rod: I appreciate your willingness to meet with me earlier today to discuss the comments specific to the May 10, 2019 Proffer Statement. I have attached a redline revision of the Proffer Statement for your review to determine if this document is acceptable to obtain owner signature to formally submit as information with the Rezoning Application packet. Additionally, I have sunnnarized the comments received from your office and the Plaruiing Department specific to the Proffer Statement as follows: Plaiming Department Comments — June 5, 2019 ➢ The recommendation to include the entire parcels within the development was discussed as an option. However, it appears that a recent court decision from a similar matter in the Town of Leesburg should be the path that is followed with this rezoning. ➢ Proffer B 1 has been revised to include the word "previously" (from the limits of the pavement mill and overlay improvements preWoush, peiforined by the developer of Tax Map Parcel 43- A-48) to clarify where the improvements for this project begin. County Attorney Comments — June 11, 2019 ➢ Proffer 131 was discussed and was determined to be acceptable as written. Maintaining this proffer requires participation in these improvements by all properties currently owned by CB Ventures, LLC and commits to these improvements being completed prior to the issuance of the first Certificate of Occupancy Permit regardless of if this occurs on the proposed parcel to be rezoned B3 or the other parcels that will retain the B2 zoning designation. ➢ Proffer B2 was revised to clarify the inter -parcel connection to be designed and constructed in conjunction with the Site Development Plan for the Property. ➢ Proffer C was revised based on my review of the County parcel data that indicates Tax Parcel 43C-4-9 is no longer on the County's real estate tax role. It appears that this parcel was consolidated into Tax Parcel 43C-4-8 subsequent to the approval of the previous proffer statement that was approved for CB Ventures, LLC. Project #2022C/EAW Please note that I have provided Candice Perkins with this information and would ask for both of you to review this information and contact me if you have any questions or if you need any additional information regarding this matter. Sincerely, -------------- Lx , �UcZatt, L Evan Dir ctor of Lan 1 i d Planning ling Greenway Engineering Cc: Candice Perkins, Deputy Planning Director Project #2022C/EAW 2 CB VENTURES, LLC COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia ., ° June 25, 2019 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering 0 .Trine 25, 2019 • CI3 Ventures, LLC Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-2, Business General District with proffers to B-3 Industrial Transition with proffers PROPERTY: 1.04± acres Tax Map Parcel 43-A-48E (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: May 10, 2019 REVISION DATE: 43-D June 25, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 1.04±-acre parcel from the B-2, Business General District with proffers to establish 1.04±-acres of B-3, Industrial Transition District with proffers, development of the 1.04±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. , The Property, more particularly described as the land owned by CB Ventures, LLC, being all of Tax Map Parcel 43-A-48E, as evident by Declaration of Condominium for CB Ventures Land Condominium recorded as Instrument No. 160011322, and filrther described by CB Ventures Land Condominium Plat & Land Units prepared by Greenway Engineering, dated October 4, 2016 (see attached Survey Plat). File 112022C/EAW Greenway Engineering 0 .lone 25, 2019 • C13 Ventures, LLC Rezoning A.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Properly: Truck Stops SIC 5541 Drive-in Motion Picture Theaters SIC 7833 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Fire and Rescue Stations No SIC Indicated Tractor Truck & Tractor Trailer Parking No SIC Indicated B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements previously performed by the developer of Tax Map Parcel 43-A- 48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most conunercial entrance serving the Property that is developed along Arnoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel comlection to Tax Map Parcel 43-A-48E that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property adjaeent to the ' ' and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement File 42022C/EAW 2 Greenway Engineering 0 .line 25, 2019 is C13 Ventures, L.LC Rezoning provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year front the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43 C-4-1, 43 C-4-2, 43 C-4-4, 43 C-4-5, 43 C-4-6, 43 C-4-7, 43 C-4-8, 43 C o n Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2022C/EAW 3 Grcenway Engineering 0 June 25, 2019 • C13 Ventures, t_LC Rezoning E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manager Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this 20_ by My Commission Expires day of Notary Public File #2022Canw 4 /; ,�la . j, {� , COUP,,TTV of FRE1DEMYCK I [toderick B. 1'I lianas County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us June 11, 2019 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — CB Ventures LLC Rezoning Tax Parcel Number 43-A-48E (the "Property") Proposed Proffer Statement dated May 10, 2019 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 1.04f acres, more or less, in the Stonewall Magisterial District, fiom the B2 General Business District, with proffers to the B3 Industrial Transition District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following continents: Proffer B 1 — This proffer, which is from Rezoning 05-16 of the larger parcel in which the Property was included, contains references that do not necessarily relate to the Property, such as the curb and gutter extending to southeasternmost commercial entrance serving the Property along Amoco Lane. The Property does not front on Amoco Lane, and the proffer may not necessarily be meaningful unless the obligation is intended to apply in connection with interparcel access for the Property over any property(ies) fronting on Amoco Lane, in which case clarification may be in order. • Proffer B2 — Because this proffer too is originally from Rezoning 05-16, it refers to provision of the inter -parcel connection relative to development adjacent to the easement access point from the adjacent property. Relative to the Property, in 107 North Kent Street o Winchester, Virginia 22601 Mr. Evan Wyatt • June 11, 2019 Page 2 light of the fact that the Property is only just over one acre, it would appear that provision of the inter -parcel connection would be appropriate for ALiy development on the Property and that the proffer should clarify to so state that. • Proffer C — In the list of properties identified to receive offers regarding provision of a landscape buffer, the land records do not show that parcel 43C-4-9 exists. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. S incero" Roderick B. Williams County Attorney cc; Candice E. Perkins, Assistant Director of Planning & Development; Frederick County (via e-mail) 0 0 COUNTY of FREDERICK Department of Planning and Dc\,clopinent 540/ 665-5651 Fax: 540/ 665-6395 June 5, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial, LLC Property Identification Number (PIN): 43-A-48E Dear Evan: I have had the opportunity to review the draft rezoning application for the CB Ventures Commercial. This application seeks to rezone 1.04 acres from the B2 (Business General) with proffers to the B3 (Industrial Transition) District with proffers. The review is generally based upon the proffer statement dated May 10, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed B3 zoning is consistent with the current land use supported by the Comprehensive Plan. 2. Proffers. It is recommended that the entire development (parcels 48E, 48D, 488C, 48B) be included in this revision. The proffers for improvements are linked to all parcels with the original rezoning and therefore should be continued with this revision for clarity. The original proffer regarding the prohibition of metal buildings should be retained. 3. Transportation Enhancements. Proffer B1 references parcel 43-A-48 — this needs to be updated — parcel 48 is the Sheetz property. 0 Page 2 Mr. Evan Wyatt RE: CB Ventures Commercial June 5, 2019 4. A2eney Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick County Sanitation Authority the County Attorney and the Frederick -Winchester- Service Authority. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,104 based upon acreage of 1.04 acl-es. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd • Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 IR'LE1 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540)662-4185 Winchester, VA 22602 Location of property: The property is located on the south side of Martinsburg Pike (US RL 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. Fire Marshal's Comments: ` �I Fire Marshal's Signature &Date: �� 1--'T Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 0 Frederick County Department of Fire and Rescue 5 < -- Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 6 78-4 739 Email: finoWcva. us Plan Review & Comments Date Received 5/29/2019 Plan/Permit Type Rezoning Application 05-29-19 Name CB Ventures Commercial Rezoning Address Martinsburg PIKE Winchester Project Name Applicant Name & Number RE# Permit Number Commercial Rezoning Greenway Engineering 540-662-4185 Emergency Vehicle Access: Adequate Inadequate N/A Hydrant Location: Adequate Inadequate PI/A Siamese Location: Adequate Inadequate :d A Fire Lanes Required: Yes No NiA Plan Approval Status Approve Comments a Signature: Reviewed By: Kenneth Scott, Jr. Title: ATIs Date Reviewed 6/4/2019 VA 22602 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 • Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540)662-4185 Winchester, VA 22602 Location of property: The property is located on the south side of Martinsburg Pike (US Rt. 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 Zoning requested: B3 Acreage: 1.04 Ac. 20 Evan Wyatt 0 • From: Rhonda Funkhouser <Rlionda.Funkhouser@vdot.virginia.gov> Sent: Monday, June 10, 2019 2:03 PM To: John Bishop; Mark Cheran Cc: Evan Wyatt; Smith, Matthew B., P.E. Subject: CB Ventures LLC - VDOT Comments to Commercial Rezoning Attachments: CB Ventures.pdf of i, I R (� " I INT I A DEPARTMENT OF TRANSPORTATION Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04 +/- acre parcel from B-2, Business General District, with proffers to establish 1.04 +/- acre of B-3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Should you have any questions, please do not hesitate to contact me. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew. Smith@vdot.virginia.gov 1 0 9 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 T-land deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering Telephone: (540)662-4185 Mailing Address: 151 windy Hill Lane quadrant of Interstate 81 Exit 317 Location of property: The property is located on the south side of Martinsburg Pike (US RI. 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: BZ Zoning requested: B3 - Acreage: 1.04 Ac. Department of Public Works Comments: Public Works Signature & Date: If -if Notice to Dept. of Public Works - Please Return This Form to the Applicant 21 0 9 315 Tasker Road Stephens City, Virginia 22655 June 18, 2019 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 rks FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.com RE: Rezoning Application Comment CB Ventures LLC Commercial Tax Map Numbers: 43-A-48E 1.04+- acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the CB Ventures LLC Commercial rezoning application package, dated May 10, 2019, and received at Frederick Water on May 27, 2019. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA) and is served by FW. Based on the project's location both water and sanitary sewer services are available within a reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment plant is presently available for the anticipated 22,000 gpd for the original 4.98+- acre site; the subject rezoning is for a 1.04+- acre portion of the larger site. The applicant has designed a gravity sewer solution that would adequately service the wastewater needs of the larger 4.98+- acre site. It is reasonable to expect that the sewer solution be constructed by the collective ownership of the original 4.98+- properties, including a contribution from the 1.04+- acre property which is subject to this rezoning. For sewer service for the subject property, the gravity sewer solution would be constructed at the developers' expense. Ih 5 ANNIVERSARY Water At Your Service 1-MMM-t Page 2 CB Ventures LLC Commercozoning application Evan Wyatt June 18, 2019 The applicant's proffer statement, dated May 10, 2019, is silent on improvements to the water and sewer system. Lack of a proffer commitment does not alleviate the developer's responsibility to extend sewer to the property. The existing/approved July 1, 2016 proffer applicable to the subject property, as well as to the original 4.98-acre site, which included the developer installing a SCADA system, is not included in the May 10, 2019 proffer. Therefore the existing SCADA proffer would be removed from the commitments applicable to the 1.04-acre site; the SCADA proffer continues to remain applicable to the balance of the 4.98-acre original site. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal. Water and sanitary sewers are to be constructed in accordance with the FW standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincerely, a Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department 0 Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Executive Director 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540)662-4185 Location of property: The property is located on the south side of Martinsburg Pike (US Rl 11) and the northeast side of Amoco Lane (Rt. 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: a2 Zoning requested: B3 Acreage: 1.04 Ac. Fred -Wine Service Authority's Comments: iQ 5a A c" naM mc�14_ 4 � �:� (� "L Fred-Winc Service Authority's Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 4• FREDLRICK WATER • 2EDERICK .WATER. SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604-8377 540.868.1061 voice 315 Tasker Road, Stephens City, VA 22655 ` Cam( /f /�\ ,�- 540.868.1429 fax Project V �� 6 �` > 1� CCA V Lr) �W wt�/' Applicant 6�����r•�� l 1,�'�`�w�ti�N�7 REVIEW STATUS 6) - attention + v�K-� review number correct & resubmit <pproved as noted number of items to be corrected approved DRAWINGS ' send me by 1. print of sheets A 2. two CDs: each disc shall contain the following plan sheets v a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD shall be in DWG format; (1) in Model Space, (2) in state plane coordinate system NAD 83, (3) compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEMENTS /Y� N A copy of the recorded onsite FW easement(s) is/are required. Y,Y N A copy of the recorded offsite FW easement(s) is/are required. - - -- — -- -- - fo The easement document shall contain a plat and both shall be signed by the Frederick Water. o The Frederick Water requires specific language in its deed of easement. o Visit our website www.frederickwater.com to obtain a copy of the form. o A copy of the recorded deed(s) of easement shall be received before service will be authorized. OTHER YIg This project also requires DEQ - Valley Region Office approval. Y This project also requires VDH - Lexington Field Office approval. Y / This project also requires VDH - Lexington Field Office - Project Summary Report. BY DATE FOR RAWINGS ABOVE, see VDH website for form Y / his project has a sewer pump station that FW will own. Title to the pump station site shall be granted rtcto the Frederick Water in fee simple absolute. Also, (1) a copy of DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the FW approved O & M manual are required. These documents must be received before service will be authorized. (4) Work cannot commence that would connect to FW facilities or require FW inspections until the contract is returned to t)i) is office. Date: � 71" Earl W. Wiley - Engineeri g Assistant DEC 18 • 190004826 Tax Map No.: 43-A-44 "p Project: C' . FREDERICK COUNTY SANITATION AUTHORITY DEED OF EASEMENT THIS DEED OF EASEMENT, made and entered into this I(k-day of WtL 2019, by and between KINGSPAN INSULATION LLC, a Delaware limited liability company (collectively, "Owner"), as grantor for indexing purposes, and FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER, a body politic and corporate (the "Authority"), as grantee for indexing purposes. WIfNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby grant and convey unto the Authority, its successors and assigns, a pennanenl casement and right of way twenty (20) feet in width together with a temporary constriction casement twenty (20) feet in width adjacent to and parallel (on both sides) of, and related to, the permanent easement (the "Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the property of Owner identified as Tax Parcel 43-A-44, being the same property conveyed to Owner by Deed dated November 1, 2014, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 140009269. The Easement Area is over and through such portion of Tax Parcel 43-A-44 as is bounded and described as "20' FREDERICK WATER ESMT. HEREBY GRANTED" and "20' TEMPORARY CONSTRUCTION ESMT. HEREBY GRANTED" (the "Easement Area") on the plat entitled "FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN INSULATION LLC", dated May 14, 2019 and prepared by Ernest S. Holzworth, L.S., (the "Plat"), attached hereto and made a part hereof, subject to the following conditions: 1. The temporary construction easement grants to the Authority the right to enter upon the Owner's property to the extent necessary for and during die original installation, construction and laying of said sewer lines, with said temporary construction easement to expire and become null and void upon completion of construction of said lines and facilities and the acceptance thereof by the Authority. 2. All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. 3. The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of -1- 0 • the Easement, including the right of access to and 1Tont the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a pennanent nature on such adjoining land. 4. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shnubbery, vegetable plants, porous/pemieable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/penrucablc paving, pavers, structures, or other obstructions located within the Easement Area. 5. Owner reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the Easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Owner is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Owner's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Owner for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights tinder this Easement. 6. At such time as any portion of the land within the Easement Area is accepted by the Conunonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all casement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. -2- 0 • 7. Owner covenants that it is seized of and has the right to convey said Easement, CD cD rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, raid that Owner shall execute such further assurances thereof as may be required. 8. In the event the Authority notifies Owner, or their successors or assigns, of a violation of the terms of this Easement and Owner does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by Owner, within thirty (30) days from the date Owner receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses arc not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of this Easement by any remedy available at law or in equity. 9. If the Authority is adjudicated the prevailing party in tiny judicial proceeding between the parties regarding enforcement of this Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney fees. 10. Owner agrees that the agreements and covenants stated in this Deed are not covenants personal to Owner but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. [Signature appears on the following page] -3- Witness the following signature and seal: FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER: fly: A-z" //� 14 STATE OF Nh Y CITY/C�& OF —I ��� l� , TO -WIT: I, axotary pub •c in dd, r the- State and County aforesaid, do certify that I ''dvho'see ame is signed to the foregoing instrument dated 20 , has acknowledged the same before me. GIVEN under my hand this I d y of 2019. Notary Public Registration No.: -I L1 L; Q' - 7 yn� �ny� My Commission Expires: Z ! lJ L1 Tbshema Lavonne Long NOTARY PUELIC CornmonweM of Virglma Rep. # 72652 7 My Commissbn Explres i 1 -4- 0 • Witness the following signature and seal: c-5 C) N OWNER: KINGSPAN INSULATION LLC, a Delaware limited liability company BY Names Ju,�,Rs /Ll. l� Title: fL2�i��%s L ;- 6 r� pin�_{- A a STATE OF CITY/COUNTY OF � C Kt G�L TO -WIT: I, I }Q mS 11 u4 a I of ry ublic in and for the State and County g,foresaid, do c`er4y that Qy�e� qj ��t� in his/her capacity as t T�)Q _, on behalf of Kingspan Lisulation LLC, a Delaware limited liability company, whose I ame is signed to the foregoing utstrument dated E5 2 12019, has acknowledged the same before me. YA GIVEN under my hand this day of N�OU�, 2019. L Notary Puic � Registration No.: -1 -]-� 13 Is My Commission Expires: Cy) 3 1 Z� L1Ca Ventures (Kingspan Sewcr Easetnent)Trederick wat« - Deal of Evsculent (final) 5.15-19.doc -5- • LINE ING DIST L 1 S 81'43 19 W 28.41 12 S 06'1250 W 118 44 L3 S 31'0329 W 400.00 L4 S 29' 19 27 E 188.62 L5 1 S 14'30 48 W 73.48 IRF = 112" IRON REBAR FOUND, IRS = 1 A• 112" IRON PIPE FOUND FCM' = FREDERICK COUNTY SAN=70N AUTHOR17Y T.M. = TAX AMP PARCEL ESMT. = EASEMENT INST. No. = INSTRUMENT NUMBER NO I. SITE INFORMATION: TAX PARCEL — 43 A-44 OWNER — KINGSPAN 1NSULARON LLC, INSTRUMENT No. 140009269 ZONING — M1 2. THE BOUNDARY, ACREAGE AND OTHER INFORW WON SHOWN HEREON IS BASED ON PLATS & DEEDS OF RECORD AND FIELD SURVEYS PERFORATED BY THIS FIRM. 3• NO TIRE REPORT FURNISHED. EASEMENTS AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN. 4. THE PROPERTY SHOWN HEREON LIES WRHIN ZONE X. AREAS DE7ERM/NED TO BE OUTSIDE 7HE 0.2X ANNUAL CHANCE FLOODPLNN PER N.F.I.P. FLOOD INSURANCE R47E MAP No. 51069CO219D, EFFECTIVE DATE SEPTEMBER 2, 2009. M UJ 70 c-. FREDERICK WATER EASEMENT PLAT ON THE LM1D OF KINGS AN #YS A7 TON LLC MAX PARCEL 43 A-44) STOAEWALL A1AG/S VW L7rIRICT, FRE MILK COUNTY, VW&W SCALE.• N/A DATE.• MAY 14 2019 GREENWAYENGINEERING, iNc. 151 Windy Hill Lane tEAY Winchester, Vuginia 22602 Telephone: (540) 662-4185 GRFAX (540) 722-9528 ENGINEERING www.greenwayeng.com �„ verso i EST S. v Lic. NO. 1837 2022C SHEET 1 OF 4 ESMT 19-03 MATCH LINE - SHEET 3 MATCH LINE - SHEET 2 i / 3 I / O WATER ESMT. o ,� HEREBY GRANIFD / , I / I / / / I I I// / EX. 20' FCSS4 l\ SEWER ESMT I INST. No. 020018736 C S 86'05 57' W l 234.41' -� 20 TFAIPORARY CONSTRUCTION ES'MT. HEREBY GRANTED 8 (log W O KINGSPAN INSULATION LLC INST. No. 140009269 ZONE- M 1 1 F4 03' W A=227.42' I R=1887.86' J D=6'54'08' Chd=S 82'38'53' W CSX RAILROAD 60 0 60 GRAPHIC SCALE (IN FEET) , FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN /NSULA7laV LLC MAX PARM 43-A-44) STI7VVE1KAu 94GST&W DIIS WT, fREDM K COUW,, V/R" SCALE,• 1 =60' a4TF.• MAY 14, 2019 GREENWA Y ENGINEERING, mc. 151 Windy Hill Lane FND Im Winchester, Vuginia 22602 Telephone: (540) 662-4185 GREE N FAX.- (540) 722-9528 ENGINEERING www.greenwayeng. com 20 IN 0, T.M. 43 A-44 �ALTH O�t,y 1 U S� a Lic. No. 1837 SURD 2022C SHEET 2 OF 4 0 MATCH LINE — SHEET 4 MATCH LINE — SHEET i EX. FCSA SEWER ESMT. INST No. 070018044 4- TM. 4.3 A-44 KINGSPAN INSULATION LLC Aso INST. No. 140009269 ZONE- M 1 I EX. 20' TEMPORARY CONSTRUCTION ESMT. INST. No. 070019237 EX. 20' FCSA SEWER ESMT. INST. No. 0700192.T7 I EX. 20' FCSA SEWER ESMT INST. No. C 0200187J6 I 20' TEMPORARY CONSTRUCTION ESMT. / HEREBY GRANTED_ 20' FREDERICK WATER ESMT. HEREBY GRANTED MATCH LINE — SHEET 3 MATCH LINE — SHEET 2 60 0 60 GRAPHIC SCALE (IN FEET) FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN INSULATION LLC (TAX PARCEL 43 A-44) STONENU MAG67UW DISTRICT, FREDERICK COUNTY, WWA41 SCALE.• 1 '=60' A4TE MAY 14 2019 GREENWAYENGINEERING, wc. 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (85 GREENWAY FAX,• (540) 722-9528-9528 ENGINEERING www.greenNayeng.com MA `ql O� ' r I Q� o Wsm z� ITZIO-TH pFM Lic. No.'1837 suvq'.alr' 2022C 0 GJ, ' IPF s T.M. 43C-4-7 . �,, T.M. 4JC-4-8 CHAD MORRISON & 4 ' MARY A JOBE UNDSEY TRENARY �4 WILL INST. No. INST. No. �j`L IOOOW IO2 I 170009713 I EX. 20' TEMPORARY CONSTRUCTION ESMT. INST I 07001804044 EX FCSA SEWER ESMT. MATCH LINE — SHEET 4 INST No. MATCH LINE — SHEET 3 070018044 4- TM. 43 A-44 s� I KINGSPAN INSULATION LLC ?so INST. No. 140009269 �� I ZONE M1 60 0 60 GRAPHIC SCALE (IN FEET) FREDERICK WATER EASEMENT PLAT ON THE LAND OF KINGSPAN INSULATION LLC MAX PARUR- 43-A-44) STONEWALL MAGLSTERIM DISTRICT, FREDER/CK COUNTY, WRGIAU SCALE.' 1'--60' DATE:• MAY 14, 2019 GREENWAYENGINEERING, INc. 151 Windy Hill Lane � ,yr Winchester, Virginia 22602 Telephone (540) 662-4185 GREE AY FAX (540) 722-9528 ENGINEERING www.greenwayeng.com IRF vi q Lic. No. 83; 1 � ,Z /° ,Zt,�/%CTTfl VS*A 12022C SHEET 4 OF 4 1 - vtt<OINIA:Fly .DERICKCOUNTY.SUI. This instrument of writing was produced tome on ,5 - 2 3 - 20 P at _1 H'2 and with certificate acknowledgement thereto ! nexeo was admitted to record. Tax imposed by Sec. 58.1-802 of S , and 58.1-801 have been paid, if assessable. 'Clerk Receipt: 19000009786 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE',:5-667-5770 0 DATE : 05232019 TIME : 12:45:10 1 +c OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT RECEIPT # : 19000009786 TRANSACTION # : 19052300044 CASHIER: LNH REGISTER # : B700 INSTRUMENT:190004827 BOOK: PAGE GRANTOR: CB VENTURES LLC GRANTEE: TU. CHRISTINA RECEIVED OF: BRYANICOLEMAN ADDRESS: CHECK: 522.00 CHECK NUMBER: 5702 DESCRIPTION 1 : ST DIST NAMES:O CONSIDERATION: SO.00 ANAL: 50.00 ACCOUNTS DESCRIPTION PAID CODE I D35 ;VOF FEE 1 $1.00 106 j(TTF) TECHNOLOGY TRUST FUND FEE (CIRCUIT COUR-01 $5.00 PAYOR'S COPY CASE # : 069CLR190004827 FILING TYPE: AMEND RECORDED:05232019 EX: N EX: N PAGES : 006 MAP: MISC Page i of PAYMENT: FULL PAYMENT AT: 12:44 LOC:CO PCT:100% OP:0 PIN: ACCOUNT DESCRIPTION PAID CODE 145 VSLF $1.50 301 IDEEDS $14.50 CLERK OF COURT: REBECCA R HOGAN TENDERED : $ 22.00 AMOUNT PAID: S 22.00 RECEIPT COPY 1 OF 2 CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT Tax Parcel 43-A-48E Stonewall Magisterial District Frederick County, Virginia May 10, 2019 Current Ovvner: CB Ventures, LLC Contact Person: Evan Wvatt, Director of Land Planning; Green -way Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Cireemway Engineering May 10, 2019 CII Ventures, LLC Commereial Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 1.04±-acre subject property owned by CB Ventures LLC and identified as Tax Parcel 43-A-48E. The subject property is located In the southwest quadrant of' Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 11) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48E is currently zoned B-2, Business General District with proffers. The Owner proposes to rezone the 1.04f-acre subject property to B-3, Business Industrial Transition District with proffers to allow for tine development of tine 1.04±-acre subject as an automotive tire and battery service facility. The County Planning Department identifies this type of facility under SIC Major Group 75 — Automotive Repair, Services, and Parking; therefore, the rezoning of the subject property fi-om the B-2, Business General District to tine B-3, Business Industrial Transition District is required to allow for this land use on the subject property. Basic information Location: Fronting on the south side of Martinsburg Pike (U.S. Route 1 1) and the west side of Interstate 81, at the southwest quadrant of Interstate 81 Exit 317. Magisterial District: Stonewall District Property ID Numbers: 43-A-48E Current Zoning: B-2, Business General District with proffers Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District with proffers Proposed Use: Automotive Tire and Battery Service Facility Total Rezoning Area: 1.04±-acres with proffers Pile 112022C Impact statcnlcnORM 2 \J Cireenway Engineering May 10, 2019 CR Ventures, LLC Commercial Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional lane] use development 1S encouraged in the County. The 1.04f-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 1.04f-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is not required for this rezoning application. Comprehensive Plan Conformity The 1.04±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 1.04f-acre subject property is identified for business land use; therefore, the proposed B-3, Business Industrial Transition District rezoning to accommodate the proposed development of an automotive tire and battery service facility or other commercial land uses is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Access The 1.04±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route 11), adjacent to the Interstate 81 Exit 317 interchange. Access to the subject property will be provided through internal private service drives through adjoining properties that will allow for traffic to utilize the existing right in/right out commercial entrance along Martinsburg Pike (U.S. Route 11) and the existing fiill access commercial entrances along Amoco Lane (Route 839) that will allow for protected left -turn movements at the signalized intersection with Martinsburg Pike. Inter -parcel ingress and egress is permitted through easements identified in section(s) 3.3, 3.4, and 3.5(e), and 3.6 of the "Declaration of Condominium for CB Ventures Land Condominium" recorded as instrument number 16001 1322. File #2022C Impact SlalenlenORM • Greenway Engineering May 10, 2019 C 13 Ventures. L.LC Commercial Rezoning Flood Plains The 1.041-acre subiect property does not contain areas of floodplain as demonstrated on FEMA NFIP Map 951069CO209D, Effective Date September 2, 2009. Wetlands The 1.04t-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Types The 1.04±-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 32B Oaklet Silt Loan -is 2-7% slope The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swcll properties. The subject property has the same soil type as adjoining parcels that are developed or are currently being developed. The site soil type is conducive for commercial development of the subject property. Other Environmental Features The 1.04±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located In the geographic portion of the County that is underlain by karst geology. Frederick County has reviewed and approved SP 907-17 for the entirety of the Owner's parcels owned which includes the 1.04±-acre subject properly. The Owner has obtained a Land Disturbance Permit from Frederick County and is currently performing major infrastructure improvements. No development issues specific to the karst geology have been encountered during current construction activities. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: B-2, Business General District South: B-2, Business General District Use: Hotel and Restaurant Use: Unimproved Pile Q022C Impact SlalemenWRM 4 • Greenway Engineering May 10, 2019 • CIS ventures, I.I.0 Commercial Rezoning East: M-1, Light Industrial District Use: Unimproved (across Interstate 81) West: B-2, Business General District Use: Convenience Store TRANSPORTATION The 1.04±-acre subject property was a portion of the 4.98± acres owned by CB Ventures, LLC that was rezoned by the Frederick County Board of Supervisors on July 27, 2016 to the B-2, General Business District with proffers (RZ 1105-16). Subsequent to this approval, Grcenway Engineering processed Site Plan #07-17 for the 4.98f acres owned by CB Ventures, LLC which was approved by the County on .June 20, 2017. Construction has commenced for the oil -site and off -site iillprovcinciits identified oil the approved site plan. The approved proffer statement specific to RZ #05-16 Applicant provided for two transportation enhancements which included the installation of curb and gutter along the property frontage along Amoco Lane (Route 839); milling and overlay asphalt improvements to the Amoco Lane centerline; and for inter -parcel connections to adjoining properties. Site Plan #07-17 provided for all applicable transportation enhancements identified in the proffer statement specific to RZ 405-16 and the Owner has obtained a Land Disturbance Permit from Frederick County and is currently performing major infrastructure improvements that includes the installation of curb and gutter and milling/overlay work on Amoco Lane. The inter -parcel connection to the adjoining property that will provide access to the 1.04f-acre subject property is intended to be installed during the development of this parcel. Therefore, the proffer statement prepared for the proposed rezoning maintains this proffer from the previous rezoning application and does not include the previous proffer associated with the Amoco Lane improvements as these improvements are currently under construction. The proposed rezoning of the 1.04±-acre subject property to the B-3, Industrial Transition District is to allow for the development of an automotive tire and battery service facility. The Owner is not proffering this as a specific use for the subject property; therefore, Grcenway Engineering has analyzed uses permitted in the B-3 District that are not otherwise permitted in the B-2 District to determine what use represents the greatest impact on traffic generation. Of those potential land uses, the "Automotive Repair; Services, and Parking" (SIC 75), was determined to have the highest potential traffic generation impact. The ITE Manual of Trip Generation, 9"' Edition, Land Use 943 "Automobile Parts & Service Center", identifies a Saturday Peak Hour of Generation of 6.61 per 1,000 sq. feet of gross floor area, as the greatest traffic generation factor for this land use. It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet, which would yield approximately 43 peak hour trips. This traffic generation would be less than permitted land uses in the B-2 District that the subject parcel is currently zoned; therefore, the proposed rezoning does not create additional traffic impacts than were determined to be mitigated under the previous rezoning application. Pile #2022C impact Statement/J11M • • Greenway Engineering Nlay 10, 2019 Cli ventures, LLC Commercial Rezoning SEWAGE CONVEYANCE AND TREATMENT The 1.04t-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water (FW) is the provider of public sewer service within this area of the County but does not currently have sewer infrastructln-c within, or adjacent to the subject property. The subject property was part of RZ #05-16 that was rezoned by the Board of Supervisors on July 27, 2016. FW issued a letter dated March 23, 2016 ill conjunction with RZ #05-16 advising that there was adequate capacity at the Opcquon Wastewater Treatment Facility to accommodate the 22,000 gpd proposed salutary flows projected for the buildout of the 4.98±- acre project and the Red Bud Punlp Station could accommodate the added flows from this project. However, FW advised that sewer conveyance for the 4.98s- acre project could potentially be challenged due to nearby sever force main capacities. Greenway Engineering worked with MW to determine the appropriate approach for the development of sewer infrastructure to provide sewer service for the 4.98± acre project and for the properties along Amoco Lane (Route 839). In accordance with the proffer statement approved July 1, 2016 (RZ #05-16), Greenway Engineering submitted a public improvement plan, for a new pump station, with a SCADA system, to be located at the terminus of Amoco Lane that was approved by FW. Through additional coordination with FW, it was determined that a more mutually beneficial plan was available, and that sewer capacity for the overall project could be obtained through the construction of an 8" gravity sewer line to all existing sewer manhole located near the rail spur serving the Kingspan facility. Greenway Engineering has designed a gravity sewer system that collects effluent from the 4.98f acre project area (which includes the 1.04f acre subject property proposed for rezoning) that has been sized to allow for off -site land uses to connect to this system. The gravity sewer system design includes the sewer collection system within the subject project and along the Amoco Lane frontage to allow for on -site and off -site connections. The gravity sewer system will terminate at the existing sewer manhole located near the rail spur serving the Kingspan facility, which ties into the Red Bud Pump Station to direct effluent to the Opequon Water Treatment Facility. The CB Ventures Gravity Sewer Plan has been designed and submitted for review and approval to FW and the County Public Works Department. Both agencies have approved this design plan and the approved improvements will be installed prior to development of the subject property. FW has determined that this approach is appropriate for addressing sewer impacts associated with the 4.98± acre project; therefore, the sewer requirements associated with proposed rezoning of the 1.04± acre subject property have been adequately addressed. WATER SUPPLY The 1.04±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water (FW) is the provider of public water service within this area of the File #2022C Impact StatemenUJRM 6 • Clreenway Engineering May 10, 2019 C13 Ventures, LLC Commercial Rezoning County and has an existing 10" water line located along Martinsburg Pike (U.S. Route i I) and Amoco Lane (Route 839) that provides public water to the property. Frederick County approved SP 407-17 for the Ci3 Ventures 4.981 acre project area on July 24, 2017, which includes the 1.04± subject property proposed for rezoning. SP 07-17 was reviewed and approved by FW on April 24, 2017 as part of the site plan approval process and they determined that adequate water pressure and capacities were available for service to this property. Additionally, the water system design for the build -out of commercial land use on the 4.981 acre project included the connection of a temporary bypass of the existing 2" water line to connect the 2" water line to the newly installed 10" water main after it is constructed and Fully tested. The newly installed 10" waterline will connect to a newly installed 8" water line that will be located throughout the 4.981 acre project, which will terminate at the 1.04± acre subject property. As part of County's rcvicw process of RZ 1105-16, the maximum anticipated flow for build out of the 4.981 acre area was projected by FW at 50,000 gpd. Greemvay Engineering has utilized 2015 FW water meter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water demand projection of 22,000 gpd for the buildout of the 4.98f acre project area. The projected water demand of 22,000 gpd falls well below the available water supply identified by FW for this site; therefore, there is adequate supply and pressure that will be available for the buildout of commercial land use for the proposed development project. SITE DRAINAGE The topographic relief on the 1.04t-acrc subject property generally follows a north to cast pattern, which directs drainage from the subject property towards the rear of the property adjacent to Interstate 81. The applicant has provided stormwater management through a design, which has been approved by Frederick County as part of SP 405-17. This stormwater management includes two detention areas, one of which is in the southeast portion of the subject property. The proposed rezoning of the subject property will not affect the existing, approved storlIlwatcr management design of the site. The stormwater quantity and quality measures have been designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community have been mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the redevelopment of the 1.04± subject site can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 0' edition). It is anticipated that the proposed automotive tire and battery service facility will be approximately 6,500 square feet. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the anticipated 6,500 square feet of commercial land use: File #2022C Impact SlalcmcnYMM 7 Ll Clreenway linginecring May 10, 2019 CH ventures, LLC Commercial Rezoning AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu yd. x 6.5 (1,000 sq. ft) AAV = 35.1 cu. yd. at build -out, or 24.57 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 24.57 tons of solid waste annually on average. This represents a 0.017% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping lees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 1.04f-acre subject property, nor does the survey identify properties within proximity of this site that are deemed potentially significant. The National Park Service Study of Civil War Sites in the Sheilandoah Valley identifies the 1.04f-acre subject property as being located within the Second Winclicster — Stepllellsons Depot study area boundary; however, the subject property is located well outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the commercial development plan for the property will not create negative impacts associated with historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 1.04t-acre subject property will provide new economic development opportunities for Frederick County, which has been recognized by the County to be positive in the consideration of fiscal impacts to County Capital Facilities. It is understood that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to County fire and rescue services. File #2022C impact Statement/JRM I • l d1aen V150 ntures LLC Property. TM 4lA�BE l BoundaryFeet 0 150 WD aO S.w.0 fn--- "-f,ISO.—]0n9D•d IOt)Iu.uiim 9 cl� U W Z CL 0 Z d 0 w W > Y tY LU J JQ > � 0 w (Y Q W w 00 > U to U f U x Q z � Z t7 y a i 3 o - Q W Q > U a N 5 E>: U w Er W H o J K w Z J J> N 0 o 0:Q 2 Y w F W J U Z ccQ cr W O W ' W > U co Z W U r0 d c -fy A GIS o.o- , I , ., - W.. • S.— Du. Cw -, d yC9 2019 Dw 1600113212 DECLARATION OF CONDOMINIUM FOR CB VENTURES LAND CONDOMINIUM L w r� N This Declaration is made as of this ')4� day of r okfmbC 2016 by CB Ventures LLC, a Virginia limited liability company (the "Declarant"). RECITALS A. Declarant `is the owner of the fee simple interest in certain land and improvements constructed thereon, and all easements, rights and appurtenances belonging thereto located in Frederick County, Virginia, and more particularly described in Exhibit "A" attached to and made a part of this Declaration (hereinafter called the "Submitted Land"). B. Summit Community Bank, having a mailing address at P.O. Box 179, 310 North Main Street, Moorefield, West Virginia 26836 ("Mortgagee") is the owner and holder of that certain Credit Line Deed of Trust ("Deed of Trust") by and between Mortgagee and Declarant, which Deed of Trust is dated December 8, 2015 and recorded among the land records of Frederick County, Virginia as Instrument No. 150012100, from the Declarant, unto Dennis Snyder and Garth Kunkle, as Trustee ('Trustee") securing the Mortgagee. C. Declarant desires to subject the Submitted Land to a condominium regime pursuant to the Virginia Condominium Act, Title 55, Section 79.39 et seq. of the Code of Virginia, 1950 Edition, as amended (hereinafter called the "Act" or the "Condominium Act"). D. Mortgagee and Trustee consent to the submission of the Submitted Land to the Condominium Act and to the terms and conditions of this Declaration and desire to join in this Declaration to evidence such consent. E. Pursuant to § 55-79.58 of the Condominium Act, there is attached to this Declaration and by reference made a part hereof, and filed for record herewith, marked Exhibit "D", a certain condominium plat and plan entitled "CB VENTURES LAND CONDOMINIUM EXHIBIT D CONDOMINUM PLAT & LAND UNITS" made by Greenway Engineering, Inc., dated October 4, 2016 and consisting of 4 sheets. Now, THEREFORE, Declarant hereby submits the Submitted Land to the provisions of the Condominium Act, and this Declaration hereby creates an expandable and contractible condominium. ARTICLE 1 DEFINITIONS Unless the context shall plainly require otherwise, the following terms when used in this Declaration and all exhibits attached to this Declaration shall have the following meanings: Section 1.1 "Building Condominium" means any condominium regime (other than the Land Condominium established pursuant to this Declaration) which may be established with respect to one or more Land Units and/or Land Unit Buildings pursuant to the Condominium Act. Section 1.2 "Building Condominium Association" means the unit owners association of any Building Condominium that may be subsequently established. Section 1.3 "Building Condominium Board" means the governing body of a Building Condominium Association or its duly authorized representative. As set forth in Sections 1.19 and 6.9 of this Declaration, each Building Condominium Board shall have the sole authority to act as the Unit Owner under the Land Condominium Instruments with respect to the Land Unit or Land Units which are included within its respective Building Condominium. Section 1.4 "Bylaws" means the Bylaws attached to this Declaration as Exhibit "B", as the same may be amended from time to time. Section 1.5 "Common Elements" has the meaning ascribed to it in Section 2.5(b). Section 1.6 "Declarant' means CB Ventures LLC, a Virginia limited liability company. Section 1.7 "Declaration" means this document and all exhibits attached hereto, as amended from time to time. Section 1.8 "Eligible Mortgagee" means a holder of a First Mortgage on an entire Land Unit who has submitted a written request to the Unit Owners Association for notice of amendments to the Land Condominium Instruments or other significant matters which would affect the interests of such mortgagee. Section 1.9 "First Mortgage" means the Mortgage with priority over all other Mortgages recorded against a Land Unit. Section 1.10 "Land Condominium" means the condominium regime created by the recordation of this Declaration, the Bylaws, and the Land Condominium Plat, as any of the foregoing may be amended from time to time. Section 1.11 "Land Condominium Instruments" means this Declaration, the Bylaws, and the Land Condominium Plat, as the same may be amended from time to time. 2 Section 1.12 "Land Condominium Plat" means the plat referred to as Exhibit "D" of this Declaration. Land Condominium Plat shall also include any amendments thereof, made and recorded in accordance with Section 55-79.58 of the Act. Section 1.13 "Land Records" means the Clerk's Office of the Circuit Court of v Frederick County, Virginia. Section 1.14 "Land Unit" means an area described as such in this Declaration and shown as such on the Land Condominium Plat. "Land Unit" is sometimes also referred to as a "Unit". Section 1.15 "Land Unit Building" means the building or, collectively, the buildings, erected or to be erected within any Land Unit. Section 1.16 "Mortgage" means any deed of trust, mortgage, or other security instrument constituting a lien against a Land Unit. Section 1.17 "Mortgagee" means the holder of or beneficiary under a Mortgage. Section 1.18 "Officers" means any persons elected or appointed as officers of the Unit Owners Association in accordance with Article 3 of the Bylaws. Section 1.19 "Owner" and "Unit Owner" mean any natural person, corporation, partnership, limited liability company, association, trust, or other entity, legally capable of holding title to real property, that owns fee simple title to an entire Land Unit; provided, however, that any natural person, corporation, partnership, limited liability company, association, trust, or other legal entity that holds such an interest solely as security for the performance of an obligation shall not be an Owner solely by reason of that interest. From and after the time any Land Unit is subjected to a Building Condominium, the terms "Owner' and "Unit Owner" shall instead refer to the Building Condominium Association of each Building Condominium; provided, however, that all rights and obligations of such Building Condominium Association in its capacity as a Unit Owner shall be exercisable solely by the Building Condominium Board of such Building Condominium, or such Building Condominium Board's designated representative. Section 1.20 "Percentage Interest" means the undivided percentage ownership interest appurtenant to each Land Unit with respect to the Common Elements and also represents that Unit Owner's voting percentage on the Unit Owners Association. In accordance with Section 55-79.55 of the Act, each Land Unit in the Land Condominium is assigned a Percentage Interest based on the square footage of the surface of the land contained within such Land Unit, as such percentages are set forth in Exhibit "C" attached hereto. Section 1.21 "Percent of the Owners" means, for any specified percentage, the Owners of Land Units to which that percentage of the aggregate votes in the Unit Owners Association appertain. Section 1.22 "Submitted Land" has the meaning ascribed to it in Exhibit "A" of this Declaration and includes all of the Land Units and Common Elements. Section 1.23 "Unit" has the meaning ascribed to it in Section 1.14 above. Section 1.24 "Unit Development" has the meaning ascribed to it in Article 3 of this Declaration. Section 1.25 "Unit Owner" has the meaning ascribed to it in Section 1.19 above. c.,w r\-) Section 1.26 "Unit Owners Association" means the unincorporated entity (-n comprised of all Unit Owners. ARTICLE 2 CREATION OF CONDOMINIUM REGIME; EXPANSION OR CONTRACTION OF CONDOMINIUM Section 2.1 Name of Condominium. This condominium shall be known as "CB Ventures Land Condominium". Section 2.2 Submission of Submitted Land to the Condominium Act. The Submitted Land is hereby subjected to, and shall hereafter be held, conveyed, divided, subdivided, leased, rented, occupied, improved and encumbered in accordance with the Condominium Act and the covenants, restrictions, uses, limitations, obligations, easements, equitable servitudes, charges, and liens set forth in this Declaration, including the Bylaws (a copy of which is attached to and made a part of this Declaration as Exhibit "B"), all of which are declared and agreed to be in aid of a plan for the subjecting of the Submitted Land to a condominium regime pursuant to the Condominium Act, and all of which shall be deemed to run with and bind the land, and shall inure to the benefit of and be enforceable by any person or entity acquiring or owning any interest or estate in the Submitted Land, including, without limitation, all present and future Owners and Mortgagees. All present and future Owners shall be subject to, and shall comply with, the provisions of this Declaration and the Bylaws. The acceptance of a deed of conveyance, the entering into of a lease or the entering into occupancy of any portion of a Land Unit shall constitute an agreement that the provisions of this Declaration and the Bylaws are accepted and ratified by such Owner, lessee or occupant and all of such provisions shall be enforceable equitable servitudes and covenants running with the land and shall bind any person having at any time any interest or estate in such Land Unit or portion thereof, as though such provisions were recited and stipulated at length in each and every deed of conveyance or lease thereof. Section 2.3 Units; Percentage Interests. Pursuant to Section 55-79.55 of the Condominium Act, each of the Land Units in the Land Condominium has been allocated a Percentage Interest based on the square footage of the surface of the land contained within such Land Unit, as such percentages for the Submitted Land are set forth in Exhibit "C" attached hereto. If the Condominium is expanded by the creation of additional Land Units, the Percentage Interests of all Units will be recalculated on the basis of the square footage of the surface of the land contained within each Land Unit. Each Land Unit shall have, as an appurtenance to that Land Unit, a voting interest in the Unit Owners Association equal to the Percentage Interest for such Land Unit. The locations of the Land Units are shown on the Land Condominium Plat. Each Land Unit consists of the area so identified on the Land Condominium Plat. r.J Section 2.4 Dimensions of Land Units. The dimensions of the Land Units are CY' as shown on the Land Condominium Plat. The vertical boundaries of each Land Unit shall be the vertical planes of the boundary lines described by metes and bounds extended to intersections with each other, as indicated on the Land Condominium Plat, There are no upper and lower boundaries of a Land Unit. Section 2.5 Common Elements. (a) Ownership. Each Owner shall be the owner of an undivided interest as a tenant -in -common in the Common Elements. The Common Elements shall remain undivided and shall remain appurtenant to the designated Land Unit(s). No Unit Owner or any other person shall bring any action for partition or division thereof. (b) Common Elements. The Common Elements consist of the areas specifically designated as "Common Element' on the Land Condominium Plat, and any improvements and facilities, if any, located thereon. Section 2.6 Option to Expand Condominium: Declarant hereby expressly reserves unto itself and/or its successors and assigns, the option and right to expand this Land Condominium pursuant to Sections 55-79.54(c) and 55-79.63 of the Condominium Act and subject to the provisions of this Section. (a) The option to expand shall be at the sole option of Declarant and shall not require the consent of any Land Unit Owner or Mortgagee; provided, however, if the Declarant is not the owner of the Additional Land, then the record owner of such land must provide its written consent. (b) This option to expand the Condominium shall expire ten (10) years after the date of recording of this Declaration if not sooner exercised (or such longer period as may be permitted pursuant to the Condominium Act); however, Declarant may, at any time prior to the expiration of such period, terminate its option to expand by recording among the Land Records an executed and notarized document terminating this option. (c) The metes and bounds description of the properties which may be added to this Land Condominium, if any, is set forth in Exhibit "A-V and hereinafter referred to as "Additional Land". (d) Declarant expressly reserves the right to add any or all portions of the Additional Land at any time, or at different times, in any order, without limitation; provided, however, that the Additional Land shall not exceed the total area of all that land described in Exhibit "A-1" attached hereto. The Additional Land is graphically depicted on Exhibit "D", attached hereto and made a part hereof. (e) The Declarant makes no assurances as to the location or type of Land Units or improvements on the Additional Land. Such improvements, if any, need not be n compatible in the quality of construction, the principal materials to be used, or c architectural style with the improvements on the Submitted Land. Cl) (f) The maximum percentage of aggregate land and floor area of all Land Units that may be created on the Additional Land that may not be restricted exclusively to residential use, if such Additional Land is added to this Land Condominium, is one hundred percent (100%). (9) The allocation of Percentage Interest for Land Units created on the Additional Land shall be based upon the square footage of the surface of the land contained within each Land Unit. Therefore, in the event that the Condominium is expanded to include any portion of the Additional Land, the Percentage Interests of all Land Units in the Land Condominium shall be reallocated with the Percentage Interest of each Land Unit then included in the Land Condominium based on the square footage of the surface of the land contained within each Land Unit. (h) In the event Declarant determines to exercise its option to expand, in addition to such other easements or rights it may have reserved, Declarant shall have the easements as set forth in Section 55-79.65 of the Condominium Act. ARTICLE 3 LAND UNIT DEVELOPMENT AND COOPERATION; SUBDIVISION OF LAND UNITS; EASEMENTS Section 3.1 Land Unit Development and Cooperation. (a) Each Unit Owner may construct, reconstruct, repair and/or modify any Land Unit Building and other improvements upon its Land Unit to the extent permitted by and in strict accordance with the provisions of this Declaration, the Bylaws, and applicable law. Each Unit Owner shall have the right to conduct future construction and development activities and/or make changes in the use of the Land Unit Building and other improvements within its Land Unit (referred to collectively as "Unit Development" herein), including, but not limited to, the right to subject its Land Unit and Land Unit Building to the provisions of the Condominium Act for the purposes of forming a Building Condominium. No part of a Land Unit Building or other improvements located on a Land Unit shall be considered to be part of the Common Elements of the Land Condominium, unless agreed otherwise in writing by all Owners. Notwithstanding the foregoing, in no event shall any Unit Owner cause or permit any actions with respect to its Land Unit that would result in any portion of the Submitted Land being in violation of applicable zoning laws and subdivision regulations. (b) Subject to the provisions of this Declaration and the Bylaws, each Owner shall cooperate with each other Owner in any construction, reconstruction, improvement, development, use, subdivision or consolidation of such other Owner's Land Unit which is in accordance with the Condominium Act, this Declaration, the Bylaws, and all other applicable recorded documents, laws and regulations affecting the Submitted Land. Without limiting the generality of the foregoing, upon written request by any Owner (the "Requesting Owner"), any other Owner (the "Cooperating Owner") shall execute, join in, and in good faith support, any and all applications, approvals, permits, easements and similar instruments of any kind whatsoever as may be deemed w necessary or desirable by the Requesting Owner, in its sole discretion, in connection r .� with the Requesting Owner's Unit Development; provided, however, that (i) the CO Requesting Owner shall defend, indemnify and hold the Cooperating Owner harmless from and against any and all liability, cost and expense in connection with third parry claims, (ii) such cooperation shall not cause the then existing or proposed Unit Development of the Requesting Owner to be in violation of or otherwise not be in conformance with zoning requirements and applicable laws and regulations, and (iii) such cooperation shall not materially and adversely interfere with the planned or actual use or operation of the Land Unit Building or other improvement within the Cooperating Owner's Land Unit. Any easements or similar instruments granted pursuant to this subsection shall be granted without consideration (c) Subject to the provisions of this Declaration and the Bylaws, each Owner shall reasonably cooperate with each other Owner in connection with any and all amendments to this Declaration, the Bylaws or the Land Condominium Plat as may be necessary to reflect any Unit Development done in accordance with this Article and as may be deemed necessary or desirable by the Unit Owners to properly reflect the agreement of the Unit Owners with respect to the ownership, maintenance, operation and use of the Property (the "Unit Development Amendments"). (d) The Land Units may be used for any purposes that are in compliance with applicable zoning ordinances of Frederick County, Virginia, and this Declaration. (e) The Owner of each Land Unit shall be permitted and shall have the unqualified right to file with respect to the Land Unit owned by it (or any portion thereof), and without the joinder or consent of the other Land Unit Owners, such applications for any amendment to the land use approvals applicable to the Land Unit, including but not limited to amendments seeking (i) a change of the use of a Land Unit, or (ii) the increase or decrease in the gross floor area permitted on its Land Unit provided that any such request: (x) does not decrease the allowable gross floor area of any other Unit Owner; (y) does not result in any material change or modification to either the location or basic design of the Common Elements; or (z) does not result in any modifications of any parking requirement of any other Unit Owner. Section 3.2 Subdivision of Land Units. Subject to the express requirements of this Declaration and the Bylaws, an Owner may subdivide its Land Unit or adjust the boundary lines between their Land Units at any time or times in accordance with the procedures set forth in the Condominium Act, and without the consent of unaffected Unit Owners or the Unit Owners Association. Upon such subdivision or relocation of boundary lines, the Percentage Interest appurtenant to such Land Units shall be recomputed in accordance with the procedures set forth in this Declaration and the Condominium Act. Section 3.3 Easements for Common Elements. Each Owner is hereby granted a non-exclusive easement, right-of-way and license over and through the Common Elements for the purpose of pedestrian and vehicular use, as applicable. c-� Section 3.4 Easements to Facilitate Development. The Unit Owners W Association, and any persons authorized by the Unit Owners Association, is hereby r J granted the right of access over and through any portion of the Submitted Land -D (excluding any occupied building), in the exercise and discharge of their respective powers and responsibilities, for which the Unit Owners Association is responsible for upkeep. Section 3.5 Limitations on Exercise of Rights and Easements. (a) Notice. The Unit Owners Association (when exercising easement rights granted or reserved hereunder) shall give reasonable prior notice to all affected Unit Owners, unless an emergency exists which precludes such prior notice (in which event prompt subsequent notice shall be given). (b) Limitations on Disturbance. The Unit Owners Association (when exercising easement rights granted or reserved hereunder) shall: (i) Minimize any economic or aesthetic injury to the affected Land Units or the Common Elements; (ii) Do any work promptly and as expeditiously as possible; (iii) Not unreasonably interfere with any affected Land Unit Owner's use of its Land Unit or the Common Elements, or with the Unit Owners Association's use of the Common Elements; (iv) Not materially interfere with vehicular or pedestrian access to or on any Land Unit or within the Submitted Land, without prior approval of the Land Unit Owner of the affected Land Unit; (v) To the extent practicable, limit any upkeep within an easement area to non -business hours with respect to the affected Land Unit and not block access to the parking lots or buildings located on the Land Unit; (vi) Not change the elevation of any other Land Unit without the prior written approval of the Land Unit Owner of the Land Unit, nor change the grade of any Land Unit owned by others without the prior written approval of the Land Unit Owner; and (vii) Fully restore any affected sidewalks, pavement, landscaping and similar improvements, and the surface of the land and the surrounding vegetation, to their condition immediately prior to the exercise of such easement (to the extent practicable) as soon as possible. (c) Relocation. If an easement is relocated, the cost of such relocation shall be paid by the party requesting the relocation. (d) Damage. Any damage resulting from the exercise of the aforesaid rights and easements shall be promptly repaired and the site restored to the extent practicable by the person exercising such rights and easements. The cost of such repair and restoration shall be paid by the person exercising such rights and :3 easements. w CID (e) Non -Exclusive and Perpetual. Except as may be otherwise provided o in this Declaration, all rights and easements created by this section are non-exclusive and perpetual. Section 3.6 Easement Documentation. Each Unit Owner and the Unit Owners Association shall execute, acknowledge and deliver such documents and instruments as any such party shall reasonably request to further evidence the easements granted in this Declaration, including a plat locating any such easement. Section 3.7 Documents In Title. The Submitted Land is expressly subject to all documents in the chain of title to the Submitted Land. ARTICLE 4 INDEMNITIES Each Land Unit Owner (an "Indemnitor") shall defend, indemnify and hold harmless, at its expense, the Unit Owners Association and any other Land Unit Owner (individual, and collectively the "Indemnitee") against and from all claims, demands, liabilities, penalties, damages, actions, suits, expenses and judgments, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against any such Indemnitee (i) arising out of the development, construction, use, operation or maintenance by such Indemnitor of any portion of the Submitted Land, unless such damage or injury shall have been caused by the gross negligence or willful act or omission, in whole or in part, of such Indemnitee or any tenants, employees, invitees, contractors or agents of such Indemnitee; or (ii) by any architect, contractor, sub -contractor, engineer, attorney, real estate broker, supplier or any other employee or agent of the Indemnitor (each an "Indemnitor Party") and arising out of the development, construction, use, operation or maintenance by such Indemnitor Party of any portion of the Submitted Land, except for specific work or services provided pursuant to a written contract therefor between the Indemnitee and an Indemnitor Party. ARTICLE 5 AMENDMENTS TO DECLARATION Except as otherwise provided herein, this Declaration may be amended only in accordance with the Condominium Act and with the written consent of Land Unit Owners representing not less than fifty-five percent (55%) of the Percentage Interests of the Condominium. Any amendment to this Declaration shall become effective upon its recordation in the Land Records. Notwithstanding the above, each Land Unit Owner covenants and agrees to execute any amendment to this Declaration which is reasonably required or desired and requested by any Unit Owner in order to effectuate the use, maintenance, operation and development of its respective Land Unit in accordance with the terms of this Declaration. Provided, further, the Declarant may unilaterally amend this Declaration, including its exhibits, in order (a) to make any corrections or clarifications; or (b) to comply with any governmental or lender requirements. ►_\31[a>UM11H. MISCELLANEOUS Section 6.1 Enforcement. (a) The Unit Owners Association and any Land Unit Owner shall have the right to enforce this Declaration and the Bylaws by any proceeding at law or in equity against any person or persons violating any of the same, either to restrain or enjoin violation and/or to recover damages, including reasonable attorneys' fees, and against any Land Unit to enforce any lien created pursuant to this Declaration or the Bylaws. Any breach or violation by any employee, agent, contractor, invitee, tenant, or guest of a Land Unit Owner shall be deemed a violation or breach by and enforceable against such Land Unit Owner. The failure or forbearance to enforce this Declaration or the Bylaws shall in no event be deemed a waiver of the right to do so thereafter. (b) There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or any attempted violation or breach of any of the provisions of this Declaration or the Bylaws, as either may be amended from time to time, cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 6.2 Real Estate Taxes and Assessments. All real estate taxes, governmental assessments and other public charges (collectively "Taxes") relating to any Land Unit including, without limitation, any Land Unit Buildings or other improvements constructed thereon, shall be the sole responsibility of and shall be paid prior to delinquency by the Owner of the Land Unit. If any Land Unit is subjected to a Building Condominium regime, the individual owners of units in the Building Condominium shall be responsible for the payment of Taxes in accordance with the governing documents for such Building Condominium. Section 6.3 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof unless such invalidity or unenforceability shall adversely and materially alter the operation of the Land Condominium. Section 6.4 Captions. The captions and section headings in this Declaration are included only for convenient reference, and in no way define, limit, or describe the scope or intent of this Declaration and shall not be relied upon or used in construing the effect or meaning of any of the provisions of this Declaration. 10 Section 6.5 Applicable Law. This Declaration shall be governed by and construed according to the laws of the Commonwealth of Virginia. c Section 6.6 Effective Date. This Declaration shall become effective when the Declaration and its exhibits (including the Bylaws and the Land Condominium Plat) ) have been recorded among the Land Records. Section 6.7 Notices. Except as otherwise provided in this Declaration or the Bylaws, all notices, demands, bills, statements, or other communications under this Declaration and the Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or three (3) business days after sent by first-class mail (or otherwise as the Condominium Act may permit), (i) if to an Owner, at the Owner's Unit address or such other address as the Owner may designate in writing to the Unit Owners Association; (ii) if to the Unit Owners Association, at the principal office of the Unit Owners Association; (iii) if to a Building Condominium Association or Building Condominium Board, at the principal office of such Building Condominium Association, or at such other address as shall be designated by written notice to the Unit Owners Association in accordance with this Section; or (iv) if to an Eligible Mortgagee, to the address provided to the Unit Owners Association by that Eligible Mortgagee. The name and address of any Mortgagee of a Land Unit shall be provided in writing to the Association by such Unit Owners. Each Unit Owner shall also provide in writing to the Association its address at the time of acquisition of such Land Unit and shall keep such information updated. Section 6.8 Exhibits. All exhibits attached to this Declaration are incorporated into and made a part of this Declaration. Section 6.9 Rights of Building Condominium Board. The provisions of this Declaration and the Bylaws shall be applicable to all Building Condominiums as may be established within the Submitted Land in accordance with the Condominium Act. The rights and obligations of a Unit Owner under the Land Condominium Instruments with respect to a Land Unit or Land Units which are subject to a Building Condominium regime, including the Percentage Interest and voting rights appurtenant to any Land Unit or portion thereof which is subjected to a Building Condominium regime, shall be exercisable as determined by such Unit Owner. Section 6.10 Estoppel Certificate. If reasonably requested by a Mortgagee, prospective purchaser, lessee, or similar party, the Unit Owners Association or any Unit Owner shall execute and deliver an estoppel certificate upon not less than ten (10) days prior request. If applicable, the estoppel certificate shall include a statement certifying that this Declaration, the Bylaws and/or the Land Condominium Plat are unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which assessments and/or maintenance fees and/or other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating such other matters with respect to this Declaration, the Bylaws and/or the Land Condominium Plat as may reasonably be requested. [SIGNATURE PAGE FOLLOWS] SIGNATURE PAGE TO DECLARATION OF CONDOMINIUM w FOR Cl) CB VENTURES LAND CONDOMINIUM C--) IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration to be duly executed as of this (ZO, day of Nowmbzj-- , 2016. CB VENTU ES LLC By: 4,. `rL W (SEAL) Name: ,v Aeg.v Title: h+� STATE OF V 1i_:W?t0 : to wit —C—c,tidi'( OF: 111cL064' I, theeyndersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that-mndolph /-). CCCIUn , as,7lanc ,11- 10MLTrdf CB VENTURES LLC, whose name is signed to the foregoing instrument, appeared before me and personally 9. acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this q�h day of 12016. Notary Public ;,`��\51 ......:.rtio� ; O . ' NOTMI Y'•• Gj My commission expires: LfSF �/ ��(� ,� : P08LIC •;yU, = Fi[G.:113n� - Virginia Notary Registration N ber: OC(r�' h'Ycos+issron Pit z. 12 JOINDER MORTGAGEE CONSENT, APPROVAL AND SUBORDINATION w w Summit Community Bank, having a mailing address at P.O. Box 179, 310 North Main Street, Moorefield, West Virginia 26836 ("Mortgagee") being the owner and holder of that certain Credit Line Deed of Trust ("Deed of Trust") by and between Mortgagee and CB Ventures LLC, a Virginia limited liability company ("Grantor' and "Grantee"), which Deed of Trust is dated December 8, 2015 and recorded among the land records of Frederick County, Virginia as Instrument No. 150012100, from the Grantor, unto Dennis Snyder and Garth Kunkle,' as Trustee ("Trustee") securing the Mortgagee, in the original principal amount of $446,600.00, does hereby expressly consent to and approve of the agreements between the parties pursuant to this Declaration of Condominium for CB Ventures Land Condominium ("Declaration") and, furthermore, does hereby expressly subordinate to the Declaration all right, title, interest and lien of the undersigned created by virtue of the Deed of Trust with respect to the property described in the Declaration. Except as set forth herein, the Deed of Trust shall otherwise remain in full force and affect. IN WITNESS WHEREOF, the undersigned by its duly authorized and appointed officers, has signed, sealed and Pbliverep this Mortgagee Consent, Approval and Subordination, this � day of , 201U. BENEFICIARY: SUMMIT COMMUNITY BANK _ SEAL) 11itle: I' COMMONWEALTH OF�VIRGINIA COUNTY OBI c to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesal dqq.. hereby certify that ,�aSor\ S { 1(Ck-S , as Soak,or ViCs 4 0S�tf.tSummit Community Bank, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdictionaforesaid. 44` Given under by hand his of 20� OFFICIAL SEAL E o mission expir a 1 yo STATE OF WEST PUBLIC SUMMIT E. CULLE93 ry egistration Number: Al S UMMI7 COMMUNITY BANK • •M EFIELOxSYV 268,76 .� Y MOOn �NNMy(7 ecphts FeblW ry3 p019 NOTARY PUBLIC 13 WITNESS the following signatures and seal this day of2016. '`— (SEAL) Dennis Snyder, Trustee CHERYL C STOEHR COMMONWEALTH OF VIRGINIA NOTARY PUBLIC REGISTRATION * 7036378 C04NT-Y OF 1-1Zt101 i sovT btL/ , to wit: 4)COMMONWEAL114 OF VIRGINIA L i 4-k I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Dennis Snyder, Trustee, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under by hand this of N60u1A 20 My commission expires T'-" a .31, Notary Registration Number: 7o l� �-c/l�(rI� Cr J-'TZ`i✓ :7L NOTARY PUBLI TRUSTEE (SEAL) Gart le, Trus ee �,7I CHERYL C. STOEHR COMMONWEALTH OF VIRGINIA T NOTARY PUBLIC REGISTRATION # 7036378 COUNTY OF J f7tJ111 sI-, b «4 to wit: COMMONWEALTH OF VIRGINIA L H- i I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Garth Kunkle, Trustee, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under by hand this �-H' of ./110LIC'V4 .p 20 My commission expires fil -7 1, 3l' Notary Registration Number:_ '71j3 (n 3 `)T NOTARY PU LIC 14 c-7 0 w U) CJI EXHIBIT "A" Legal Description of the Submitted Land 0 Land Unit 1 w G� Beginning at the intersection of the northerly right-of-way line of Amoco Lane — Route 839 and the westerly right-of-way line of Interstate Route 81, also being the most easterly corner of CB Ventures, LLC land as recorded by Instrument No. 150011639; Thence with said northerly right-of-way line of Amoco Lane — Route 839 S 83015'51" W a distance of 45.77 feet; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) N 06°44'09" W a distance of 33.00 feet; 2) S 83015'51" W a distance of 41.34 feet; 3) S 32125'21" W a distance of 31.69 feet to a point in the northerly right-of-way line of Amoco Lane — Route 839; Thence with said northerly right-of-way line of Amoco Lane — Route 839 N 57°34'39" W a distance of 331.38 feet; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) N 32°25'21" E a distance of 123.39 feet; 2) N 71°19'31" E a distance of 180.33 feet; 3) N 24002'26" E a distance of 79.81 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 the following three (3) courses and distances: 1) S 18°31'15" E a distance of 210.69 feet; 2) S 18°'39'16" E a distance of 111.43 feet; 3) S 08018'09" E a distance of 104.00 feet to the Point of Beginning; Containing 1.8723 acres, more or less. Land Unit 2 Beginning at a point in the northerly right-of-way line of Amoco Lane — Route 839, also being the most southerly corner of Kremer Properties, Inc. land as recorded in Deed Book 459 Page 744 and Instrument No. 150006027; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running with the southeasterly line of said Kremer Properties, Inc. land the following three (3) courses and distances: 1) N 32025'21" E a distance of 147.99 feet; 2) S 25°06'29" E a distance of 71.85 feet; 3) N 64°53'31" E a distance of 147.09 feet; Thence departing said southeasterly line of Kremer Properties, Inc. land and running through the CB Ventures, LLC land as recorded by Instrument No. 150011639 the following three (3) courses and distances: 1) S 18040'29" E a distance of 159.18 feet; 2) S 71'19'31" W a distance of 13.04 feet; 3) S 32025'21" W a distance of 123.39 feet to a point in the northerly right-of-way line of Amoco Lane — Route 839; Thence with said northerly right-of-way line of Amoco Lane — Route 839 N 57034'39" W a distance of 255.27 feet to the Point of Beginning; Containing 0.9877 acres, more or less. -.3 c) Land Unit 3 C) w C.) Beginning at the most easterly corner of Kremer Properties, Inc. land as recorded in W Deed Book 459 Page 744 and Instrument No. 150006027: Thence with the northeasterly line of said Kremer Properties, Inc. land N 25°06'29" W a distance of 63.89 feet; Thence departing said northeasterly line of Kremer Properties, Inc. land and running through CB Ventures, LLC land as recorded by Instrument No. 150011639 the following four (4) courses and distances: 1) N 64°53'31" E a distance of 79.93 feet; 2) S 67°34'31" E a distance of 16.24 feet; 3) N 22025'29" E a distance of 26.87 feet; 4) S 67134'31" E a distance of 115.26 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 S 18°31'15" E a distance of 110.47 feet; Thence departing said westerly right-of-way line of Interstate Route 81 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) S 24102'26" W a distance of 79.81 feet; 2) S 71019'31" W a distance of 167.29 feet; 3) N 18040'29" W a distance of 159.18 feet to a point in the southeasterly line of said Kremer Properties, Inc. land; Thence with said southeasterly line of Kremer Properties, Inc. land N 64153'31" E a distance of 32.91 feet to the Point of Beginning; Containing 1.0451 acres, more or less. Land Unit 4 Beginning at a point in the southeasterly right-of-way line of U.S. Route 11, also being the most northerly corner of Krerner Properties, Inc, land as recorded in Deed Book 459 Page 744 and Instrument No. 150006027; Thence with said southeasterly right-of-way line of U.S. Route 11 N 60050'11" E a distance of 120.73 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence departing said southeasterly right-of-way line of U.S. Route 11 and running with said westerly right-of-way line of Interstate Route 81 the following two (2) courses and distances: 1) S 67029'55" E a distance of 136.14 feet; 2) S 18031'15" E a distance of 206.35 feet; Thence departing said westerly right-of-way line of Interstate Route 81 and running through CB Ventures, LLC land as recorded by Instrument No. 150011639 the following four (4) courses and distances: 1) N 67'34'31" W a distance of 115.26 feet; 2) S 22025'29" W a distance of 26.87 feet; 3) N 67134'31" W a distance of 16.24 feet; 4) S 64°53'31" W a distance of 79.93 feet to a point in the northeasterly line of said Kremer Properties, Inc. land; Thence with said northeasterly line of Kremer Properties, Inc. land N 25106'29" W a distance of 218.13 feet to the Point of Beginning; Containing 1,0415 acres, more or less. c-> Common Elements c)w The lower surface (elevation 694 feet NAVD88) and upper surface (elevation 702 feet o NAVD88) of the common element are defined by their respective elevation intersections with vertical lines projected from Earth center through the four ground points described by the following metes and bounds: Beginning at a point being the intersection of the northerly right-of-way line of Amoco Lane — Route 839 and the westerly right-of-way line of Interstate Route 81, also being the most easterly corner of CB Ventures, LLC land as recorded by Instrument No. 150011639; Thence with said northerly right-of-way line of Amoco Lane — Route 839 S 83°15,51" W a distance of 45.77 feet to a point; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following two (2) courses and distances: 1) N 06044'09" W a distance of 10.00 feet to a point; 2) N 83015'51" E a distance of 45.50 feet to a point in said westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 S 08018'09" E a distance of 10.00 feet to the Point of Beginning; Containing a volume of 3,651 cubic feet, more or less. EXHIBIT "A-1" Legal Description of the Additional Land CD w Z- None. EXHIBIT "B" Bylaws of the Land Condominium c� (attached hereto) rQ c� G BYLAWS CJ OF W UNIT OWNERS ASSOCIATION OF CB VENTURES LAND CONDOMINIUM ARTICLE 1 PLAN OF CONDOMINIUM Section 1.1 The Land Condominium. The Submitted Land described on Exhibit "A" to the Declaration has been established as an expandable condominium pursuant to Chapter 4.2 of Title 55 of the Code of Virginia (the "Condominium Act"). These Bylaws are attached to and made part of the Declaration as Exhibit "B" and are intended by the Declarant to set forth, among other things, a plan by which the affairs of the Land Condominium shall be administered and governed by the Unit Owners Association pursuant to the Condominium Act. Section 1.2 Definitions. In these Bylaws, all capitalized terms shall have the same meanings as designated in the Declaration or in the Condominium Act, unless otherwise expressly provided or apparent from the context. Section 1.3 Applicability of Bylaws. The provisions of these Bylaws are applicable to the Unit Owners Association and to the Land Condominium. All present and future Unit Owners, lessees and occupants of Land Units and Land Unit Buildings, and any other persons who may use the Land Condominium or the facilities of the Land Condominium in any manner, are subject to the Declaration and these Bylaws. The acceptance of a deed of conveyance to any portion of a Land Unit or a Land Unit Building shall constitute an agreement that these Bylaws and the Declaration, as either may be amended from time to time, are accepted, ratified and will be complied with. ARTICLE 2 UNIT OWNERS ASSOCIATION Section 2.1 Purpose and Status of the Unit Owners Association. The purpose of the Unit Owners Association shall be to operate the Land Condominium for the benefit of the Unit Owners and to exercise the powers conferred upon it by the Declaration and these Bylaws. The Unit Owners Association shall be an unincorporated entity, unless the Unit Owners subsequently decided to incorporate. All powers and Page: 1 -r, c-D duties of the Unit Owners Association set fortli in the Declaration and these Bylaws shall be exercised solely by the Unit Owners Association; there shall be no Board of Directors for the Unit Owners Association. Section 2.2 Name and Mailing Address. The Unit Owners Association shall be known as "Unit Owners Association of CB Ventures Land Condominium". All notices, demands, requests or communications to the Unit Owners Association shall be mailed to such person and address as determined from time to time by the Unit Owners Association. Initially, the name of the person, and the address, are as follows: Edward P. Browning IV, CB Ventures LLC, 415 W. Cecil Street, Winchester, VA 22601. Section 2.3 Limited Powers of the Unit Owners Association. The Land Condominium has been established for the main purpose of creating Land Units that can each be financed and conveyed. The Unit Owners Association shall have only those powers enumerated in the Condominium Act that are reasonably necessary to effect the foregoing limited purpose of the Land Condominium, or to effect such other matters that are expressly provided for in the Declaration and these Bylaws. Without limiting the scope of matters that are outside of the limited powers of the Unit Owners Association, the Unit Owners Association shall have no authority or obligation to act on behalf of any Building Condominium Association or any unit owner within a Building Condominium in any manner whatsoever, including, without limitation, with respect to any claim, litigation or proceedings related to the construction or warranties of any Building Condominium. Section 2.4 Members. The Unit Owners Association shall have as its members all of the Unit Owners. Section 2.5 Meetings of the Unit Owners Association; Meeting Officers. Meetings of the Unit Owners Association shall be held as required by the Condominium Act or as agreed upon by the Unit Owners. The Unit Owners Association shall designate a person to act as the chairperson of each meeting and shall designate a records secretary to keep the minutes of the meeting and record any votes taken at the meeting. The records secretary may be, but shall not be required to be, a Unit Owner. Section 2.6 Place of Meetings. Meetings of the Unit Owners Association shall be held at the principal office of the Unit Owners Association or at such other suitable place convenient to the members of the Unit Owners Association as may be detennined from time to time and designated in the notice of meeting by the Secretary. Section 2.7 Notice of Meetings. It shall be the duty of the Secretary of the Unit Owners Association or such other person designated by the Unit Owners Association to provide notice of each annual meeting of the Unit Owners Association at least twenty-one (21) days, but not more than ninety (90) days, prior to such meeting and to provide notice of each special meeting of the Unit Owners Association at least seven (7) days, but not more than ninety (90) days, prior to such meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Unit Owner of record, at its address shown on the roster maintained by the Unit Owners Association Page: 2 "U c> O W (hereinafter called the "Roster"). The mailing of a notice of meeting In the manner provided in this Section shall be considered service of notice as of the date of such mailing. In addition to the mailing of notice of each annual and special meeting, notice may be personally delivered to each Unit Owner at its address as shown on the Roster. Attendance by a member of the Unit Owners Association at a meeting in person or by proxy shall constitute waiver of notice of the time, place and purposes of such meeting. Section 2.8 Adjournment of Meeting. If any meeting of the Unit Owners Association cannot be held because a quorum of members has not attended, the members of the Unit Owners Association holding a majority of votes who are present at such meeting, either in person or by proxy, may adjourn the meeting and call for an additional meeting provided at least fifteen (15) days' notice of the time, place and purpose of the additional meeting is given to all members of the Unit Owners Association. If the additional meeting cannot be held because a quorum of members has not attended, the above provisions of this Section 2.8 shall govern. Section 2.9 Voting. (a) Each Unit Owner, designee of an entity Owner, or, subject to the proxy limitations set forth below and in the Condominium Act, a person designated by each Unit Owner to act as proxy on his behalf (and who need not be a Unit Owner), shall be entitled to cast the vote(s) appurtenant to its Land Unit(s) at all meetings of the Unit Owners Association. The designation of any such proxy shall be made in writing and filed with the Secretary of the Unit Owners Association or other person designated by the Unit Owners Association to receive proxies, in a form approved by the Unit Owners Association, which approval may not be unreasonably withheld, conditioned or delayed, before the appointed time of each meeting. Each proxy shall be revocable at any time by written notice to the person presiding over the meeting by the Unit Owner who so designated the proxy, and shall automatically expire after the first meeting held on or after the date of that proxy or any recess or adjoumment of that meeting. Proxies may be utilized to establish a quorum pursuant to Section 2.11 of this Article 2 and may be utilized to vote on any other matter at the meeting of the Unit Owners Association. In the case of a Land Unit which is owned by more than one person or entity, any or all of such Owners may be present at any meeting of the Unit Owners Association and (those constituting the group acting unanimously) may vote or take any other action as a Unit Owner, either in person or by proxy. A fiduciary shall be the voting member with respect to any Land Unit owned in a fiduciary capacity. Where title to a Land Unit is in more than one person or entity, such multiple owners shall be entitled to cast, in the aggregate and as a solid block, the vote allocated to the Land Unit. If such multiple owners shall be unable to agree upon their vote upon any subject at any meeting, they shall either designate a third party to cast their vote or shall lose their right to vote on such subject, but if all of them shall not be present at a meeting, either in person or by proxy, the collective vote of those that were present shall be the vote of all of the Owners of the Land Unit. (b) Except where a greater number is required by the Condominium Act or the Land Condominium Instruments, a Majority Vote is required to adopt Page: 3 CDC w decisions at any meeting of the Unit Owners Association. As used In these Bylaws, the .f-- m term "Majority Vote" shall mean the vote of those members of the Unit Owners Association having more than fifty percent (50%) of the total authorized votes of all members of the Unit Owners Association present, in person or by proxy, and voting at any meeting of the Unit Owners Association. Section 2.10 Open Meetings. All meetings of the Unit Owners Association shall be open to all members of the Unit Owners Association (and other interested parties in the discretion of the Unit Owners Association or as required by law). Section 2.11 Quorum. Except as otherwise provided in these Bylaws or in the Condominium Act the presence in person or by proxy of members of the Unit Owners Association having sixty percent (60%) of the total authorized votes of all members of the Unit Owners Association constitutes a quorum at all meetings of the Unit Owners Association. Section 2.12 Liquidation Rights. In the event of any voluntary or involuntary dissolution of the Unit Owners Association, each Unit Owner shall be entitled to receive out of the assets of the Unit Owners Association available for distribution to the members thereof, an amount in proportion to its Percentage Interest. With respect to a Land Unit subjected to a Building Condominium, each owner of a condominium unit therein is entitled to a share of the distribution of assets based upon such unit's allocable share of the Percentage Interest of such Land Unit, which share shall be based upon such unit's percentage interest in the common elements of such Building Condominium. Section 2.13 Action Without Meeting. Any action by the Unit Owners Association required or permitted to be taken at any meeting may be taken without a meeting if all the members of the Unit Owners Association shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners Association. Section 2.14 Liability of the Unit Owners Association; Defense of Claims. (a) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable to the Unit Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or gross negligence. (b) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable for the failure of any service to be obtained or paid for by the Unit Owners Association, or for injury or damage to persons or property caused by the elements or by another Unit Owner or person on the Property, or resulting from electricity, gas, water, rain, dust or sand which may leak or flow from the outside or from any part of any of the Land Units or Land Unit Buildings, or from any of such Land Unit Building pipes, drain conduits, appliances, or equipment, or from any other place unless in each such instance such injury or damage has been caused by the willful misconduct or gross negligence of such person acting on behalf of the Unit Owners Association. Page: 4 -v c-� CD Cj (c) Officers and Owners acting on behalf of the Unit Owners Association �- shall have no personal liability in contract to a Unit Owner or any other person or entity —' under any agreement, check, contract, deed, lease, mortgage, instrument, or transaction entered Into by them on behalf of the Unit Owners Association in the performance of their official duties. (d) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable to a Unit Owner, or such Unit Owner's tenants, employees, agents, customers or guests, for loss or damage caused by theft of or damage to personal property left by any Unit Owner or his tenants, employees, agents, customers or guests, or in or on the Common Elements, except for such person's own willful misconduct or gross negligence. (e) Officers and Owners acting on behalf of the Unit Owners Association shall have no personal liability in tort to a Unit Owner or any other person or entity, direct or imputed, by virtue of acts performed by or for them, except for such person's own willful misconduct or gross negligence in the performance of their duties. (f) Officers and Owners acting on behalf of the Unit Owners Association shall have no personal liability arising out of the use, misuse or condition of any buildings located on the Land Condominium or which might in any other way be assessed against or imputed to such person as a result of or by virtue of their performance of their duties, except for such person's own willful misconduct or gross negligence. (g) Complaints brought against an Owner acting on behalf of the Unit Owners Association, Officers, or employees or agents thereof in their respective capacities as such, or the Land Condominium as a whole, shall be directed to the Unit Owners Association, which shall promptly give written notice thereof to the Owners and such complaints shall be defended by the Unit Owners Association. Complaints against one or more but less than all Owners shall be defended by such Owners themselves and, if the complaint relates to the Land Condominium, such Owners shall promptly give written notice of the institution of any such suit to the Unit Owners Association. Section 2.15 Common or Interested Members of the Unit Owners Association. Owners acting on behalf of the Unit Owners Association shall exercise their powers and duties in good faith and with a view to the interests of the Unit Owners Association and consistent with the purposes set forth in the Declaration and these Bylaws. No contract or other transaction between the Unit Owners Association and one or more Owners, or between the Unit Owners Association and any corporation, firm, entity, or association in which one or more of the members of the Unit Owners Association are directors or officers or are financially or otherwise interested, shall be either void or voidable because such member or members are present at the meeting of the Unit Owners Association which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if such action complies with the provisions of Section 13.1-691 of the Code of Virginia (1995), as amended, or its successor statute. Page: 5 ARTICLE 3 OFFICERS w .r- a Section 3.1 Election of Officers. The Unit Owners Association shall elect such Officers of the Unit Owners Association as deemed necessary, by a majority vote of such members annually at a meeting of the Unit Owners Association at which a quorum is present, or as otherwise may be deemed necessary by the Unit Owners Association. Section 3.2 Compensation of Officers. No Officer shall receive any compensation from the Unit Owners Association for acting as such (unless otherwise provided by the majority vote of Unit Owners); provided, however, officers may be reimbursed for authorized sums which they may expend on behalf of the Unit Owners Association. ARTICLE 4 OPERATION OF THE CONDOMINIUM Section 4.1 Determination of Common Expenses and Assessments Against Unit Owners. (a) Fiscal Year. The fiscal year of the Unit Owners Association shall be the calendar year. (b) Preparation and Approval of Budget. At least forty-five days before the beginning of the fiscal year, the Unit Owners Association, through its officers (or, if no officers have been elected, by majority vote of the Owners) shall adopt a budget for the Unit Owners Association containing an estimate of the total amount considered necessary to pay the cost of the obligations of the Unit Owners Association as required by the Condominium Act or the Land Condominium Instruments ("Common Expenses"). The budget shall constitute the basis for determining each Unit Owner's assessment for Common Expenses. (c) Assessment and Payment of Common Expenses. The budget so adopted shall be assessed against each Unit Owner in proportion to its respective Percentage Interest and shall be a lien against each Unit Owner's Unit. (d) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Unit Owners Association to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay its allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each installment at the rate established for the previous fiscal year until notice of the new annual or adjusted budget shall have been delivered. Page: 6 c� C% W Section 4.2 Payment of Common Expenses, Each Unit Owner shall pay uo the Common Expenses assessed by the Unit Owners Association in proportion to its Percentage Interest as set forth in Exhibit "C" to the Declaration. Each such assessment, together with the interest, late charges and costs of collection (including reasonable attorneys' fees), shall also be the personal obligation of the Unit Owner at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title or interest unless assumed by them. Section 4.3 Collection of Assessments. Any assessment not paid within ten days after due shall accrue a late charge in the amount of five percent of the overdue assessment or installment. Each defaulting Unit Owner shall also pay all costs of collection, including without limitation, reasonable attorneys' fees, incurred in the collection of any unpaid assessment. Section 4.4 Statement of Common Expenses and Access to Records. The Unit Owners Association shall promptly provide any Unit Owner, contract purchaser or Mortgagee so requesting the same in writing, with a written statement of all unpaid assessments for Common Expenses due with respect to such Unit. The Unit Owners Association shall make available during normal business hours for inspection, upon request by Unit Owners, Mortgagees and prospective purchasers, and their authorized agents, current copies of the Land Condominium Instruments and other books, records and financial statements of the Unit Owners Association (including, if such is prepared, the most recent annual audited financial statement of the Unit Owners Association). If and so long as there is no audited statement available, any Unit Owner or Mortgagee may have an audited statement prepared at its expense. Section 4.5 Maintenance, Repair, Replacement and Other Common Expenses. (a) By the Unit Owners Association. The Unit Owners Association shall be responsible for the maintenance, repair and replacement of the Common Elements. The Common Elements shall be kept in good repair and in a clean and first class condition. (b) By the Unit Owner. Each Unit Owner shall be responsible for the maintenance and repair of its Land Unit and Land Unit Buildings located thereon. Each Land Unit and Land Unit Buildings located thereon shall be kept in good repair and in a clean and first class condition. ARTICLE 5 INSURANCE Section 5.1 Authority to Purchase. All insurance policies relating to the Common Elements of the Condominium shall be purchased by the Unit Owners Association, in accordance with the requirements of the Condominium Act. Each such policy shall provide that the insurer waives any right to claim (i) by way of subrogation Page: 7 -o against the Declarant, the Unit Owners Association, the Unit Owners and their o respective agents and employees, and (ii) invalidity arising from acts of the Insured. All cW policies of insurance shall be written by reputable companies licensed to do business in o the Commonwealth of Virginia. Section 5.2 Liability Insurance. The Unit Owners Association shall obtain and maintain commercial general public liability and property damage insurance in such limits as it may from time to time determine (but for not less than $1,000,000 for bodily injury or property damage for any single occurrence), insuring the Unit Owners Association and each Unit Owner against any liability to the public or to the Unit Owners (and their invitees, agents and employees) arising out of, or incident to the ownership or use of the Common Elements including, to the extent applicable, employer's liability insurance, comprehensive automobile liability insurance, all -written contractual liability insurance, garage keeper's liability and bailee's liability. Such insurance shall be issued on a comprehensive liability basis and shall contain: (i) a cross -liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to his action against another named insured; and (ii) a "severability of interest" endorsement which shall preclude the insurer from denying liability to the Unit Owners Association or to a Unit Owner because of negligent acts of the Unit Owners Association or of another Unit Owner. The Unit Owners Association shall review such limits periodically. ARTICLE 6 SALES AND MORTGAGES OF LAND UNITS Section 6.1 Sales. A Unit Owner may sell or lease his Land Unit or any interest therein without the consent of the Unit Owners Association or any Unit Owner or Mortgagee. Section 6.2 No Severance of Ownership. A Unit Owner may mortgage or encumber its Unit without the consent of the Unit Owners Association or any other Unit Owner. No Owner shall execute any Mortgage, bring an action in partition, or otherwise convey, or encumber its Land Unit without including therein the appurtenant Common Elements it being the intention of this Article 6 to prevent any severance of such combined ownership. Any Mortgage or instrument purporting to affect one or more of such interests without including all such interests shall be deemed and taken to include the interest or interests so omitted. No part of the appurtenant Common Elements of any Land Unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other disposition of the Land Unit to which such interests are appurtenant, or as part of a sale, transfer, or other disposition of such part of the appurtenant Common Elements of all Land Units. Page: 8 --o c-> ARTICLE 7 W cn CONDEMNATION _ In the event of a taking in condemnation (or by purchase in lieu thereof) of a Land Unit or any part thereof or of part or all of the Common Elements, the award made for such taking or purchase shall be distributed in accordance with Section 55-79.44 of the Condominium Act, and the distributions shall be made in accordance with the priority of interests at law or in equity in each Land Unit. With respect to condominium units in any Land Unit Building, any taking in condemnation (or by purchase in lieu thereof) of a Land Unit or part or all of the Common Elements, the award or compensation shall be distributed in accordance with (i) Section 55-79.44 of the Condominium Act, (ii) the provisions of the Land Condominium Instruments and (iii) in accordance with the priority of interests at law or in equity of each Land Unit in the Common Elements of the Land Condominium. 0311c1lw EASEMENTS FOR UTILITIES AND RELATED PURPOSES Subject to any limitations imposed by the Condominium Act or the Declaration, the Unit Owners Association is authorized and empowered to grant (and shall from time to time grant) such licenses, easements and/or rights -of -way with respect to the Common Elements for sewer -lines, water lines, electrical cables, cable television, telephone cables, gas lines, storm drains, underground conduits and/or such other purposes related to the provision of public utilities to the Land Condominium as may be considered necessary or appropriate by the Unit Owners Association for the preservation of the health, safety, convenience and/or welfare of the Unit Owners and/or as required by the Declaration. ARTICLE 9 COMPLIANCE AND DEFAULT Section 9.1 Relief. Each Unit Owner shall be governed by, and shall comply with, all of the terns of the Land Condominium Instruments and the Condominium Act. In addition to the remedies provided in Section 55-79.53 of the Condominium Act, a default of any term of the Land Condominium Instruments by a Unit Owner shall entitle the Unit Owners Association to the following relief: (a) Additional Liability. Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of his tenant, employees, agents, invitee, or licensees, but only to the extent that such expense is not covered by the proceeds of insurance carried by the Unit Owners Association, excluding any deductible amount. Page: 9 -o CID (b) Costs and Attorneys' Fees. In the event of any enforcement action cn brought against a Unit Owner by the Unit Owners Association, the prevailing party shall N be entitled to recover the costs of such proceeding and such reasonable attorneys' fees as may be determined by the court or agreed upon by the parties. (c) Interest. In the event of a default by any Unit Owner in paying any sum assessed against its Unit, other than for Common Expenses, which continues for a period in excess of fifteen (15) days, interest at a rate of ten percent (10%) per annum may be imposed on the principal from the date due until paid, which rate of interest may be adjusted from time to time by the Unit Owners Association based on the increase In the prime rate of interest charged by the financial institution where the Unit Owners Association has its operating account. (d) Legal Proceedings. Failure to comply with any of the terms of the Land Condominium Instruments shall be grounds for relief, including without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any other relief provided for in these Bylaws or any combination thereof and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Unit Owners Association or, if appropriate, by any aggrieved Unit Owner, and shall not constitute an election of remedies. Section 9.2 Lien for Assessments. (a) Lien. The total annual assessment of each Unit Owner for Common Expenses or any special assessment, or any other sum duly levied (including without limitation, penalties, interest, late charges, etc.), made pursuant to these Bylaws, is hereby declared to be a lien levied against the Unit of such Unit Owner as provided in Section 55-79.84 of the Condominium Act. (b) Enforcement. The lien for assessments may be enforced and foreclosed in the manner provided by the laws of the Commonwealth of Virginia by power of sale or action in the name of the Unit Owners Association. (c) Remedies Cumulative. A suit to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment. Section 9.3 Subordination and Mortgage Protection. Notwithstanding any other provisions hereof to the contrary or in the Condominium Act, the lien of any assessment levied pursuant to these Bylaws upon any Land Unit (and any penalties, interest on assessments, late charges or the like) shall be subordinate to, and shall in no way affect the rights of a Mortgagee made by an institutional lender and secured by a First Mortgage, or affect the rights of any Owner of such Unit acquiring its interest by foreclosure or deed in lieu thereof; provided, however, that such subordination shall apply only to assessments which have become due and payable prior to a sale or Page: 10 ^J transfer of such Unit pursuant to foreclosure, or any proceeding in lieu of foreclosure. w Such sale or transfer shall not relieve the purchaser of the Unit at such sale from liability un for any assessments becoming due after any such foreclosure or deed in lieu thereof, w nor from the lien of any such subsequent assessment, which lien shall have the same effect and be enforced in the same manner as provided herein. ARTICLE 10 MISCELLANEOUS Section 10.1 Notices. Unless otherwise provided in the Declaration or these Bylaws, all notices hereunder shall be given in accordance with Section 6.7 of the Declaration. Section 10.2 Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws. Section 10.3 Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws, or the intent of any provision thereof. Section 10A Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires, and vice versa. Section 10.5 Waiver, No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. Section 10.6 Amendments to Bylaws. Except as otherwise required herein or in the Declaration, these Bylaws may be amended only in accordance with the consent of 55% of the Common Element Interests of all Unit Owners. Notwithstanding the above, each Unit Owner covenants and agrees to execute any amendment to these Bylaws which is reasonably required or desired and requested by any Unit Owner in order to effectuate the use, maintenance, operation and development of its respective Land Unit in accordance with the terms of the Declaration and these Bylaws. The Unit Owners Association shall give notice to all Eligible Mortgagees seven (7) days prior to the date on which the Unit Owners amend these Bylaws. Section 10.7 Conflicts, In case any part of these Bylaws conflicts with the Condominium Act and/or the Declaration, the provisions of the Condominium Act and/or Declaration, as the case may be, shall control. [Signature page to Follow] Page: 11 Signature Page to Bylaws IN WITNESS WHEREOF, the undersigned, Ipping the Declarant herein, has caused these Bylaws to be duly executed as of this I -day of ��Cl�/Y1f�ei� , 2016. CB Ventures LLC, a Virg ini mite abi Ity company By: Name: �vod Title: COMMONWEALTH OF VIRGINIA -G-� �f�--L� `OF e111 L�lP,Sf I, the uncle Tr)do d, a Notary Public in and for the above jurisdiction aforesaid, do hereby certify thatlah .4. , /)kuxagti. of CB Ventures LLC has acknowledged the same before me in the of esaid jurisdiction on behalf of said limited liability company. GIVEN under my hand and seal on N u�rl�� `1 .2016. (SEAL) Notary Public My commission expires• t f u' J/ „--�O/ My notary registration no: 13 q0 K \SE l:.Thy% � ••' Noraay•. � ON Page: 12 CD Cl) ui r_- Land Unit Description Size (approximate acreage) Common Element and Voting Interests 1 1.8723 37.85% -- 2 0.9877 ---- 19.97% 3 1,0451 21.13% 4 1.0415 21.05% --- 4.9466 -- - - —' C- — TOTAL �- -- 100.00% U.8 ROUT 11 VARIABLE WIDTH R/W EASTBOUND LANE - - - - - ---- - - - - -- V„ I N 60'50' 11 " E C 120.7Y c.n O �p� T.M. 43-A-48 VQ KREMER PROPERTIES INC JP D.B. 459, PG. 744 LAND UNIT 4 80 INST. No. 150006027 SUBMITTED LAND 3' 1.0415 ACRES N r � h • i h co Yj i N 3Z24 99 S 271.859' E 2 L 15 N 6453:i1' \ 147.09 32.91 ' r \ LAND UNIT 2 LAND UNIT 3 SUBMITTED LAND ;m SUBMITTED LANDti o \Z 0.9877 ACRES 1.0451 ACRES r, L7 Cs, �4 16 T.M. 43-A-48A ' \ CB VENTURES, LLC \ INST No. 15001109 'o 4.9466 ACRES N /VIC, 2 LAND UNIT 1 R, SUBMITTED LAND P o \ ; 1.8723 ACRES 60, �.w W % COMMON I ELEMENT PROPOSED L177LITY LOT SEE SHEET /2 \ � >>,j• � , CS VENTURES, LLC INST. No. 150011639 ` � O 100 0 100 GRAPHIC SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM � NLTH of G EXHIBIT D f CONDOM/NUM PLAT & LAND UN17S G' STONEWALL A940STDW DlSWT, FREDERICK COUNTY, MUNA ERNEST S. TN a SCALE: 1 "-100' I DATE. • OCTOBER 4, 2016 LiC. N0. 1837 GREF,N-WAYENGINF.ERING, TNc. rxn ,sn 151 -te �VbgiH�i Lam Wn22602 � S'URV,- Tekphone. (540) 662-4185 GREENWAY FAX: (540) 722-9528 2022C SHEET 1 OF 4 ENGINEERING www.greenwayeng.com CONDO 16-01 1,SS\ PROPOSED UTILITY LOT CB VENTURES, LLC INST. No. 150011639 T.M. 43-A-48A CB VENTURES, LLC INST. No. 150011639 4.9465 ACRES LAND UNIT 1 SUBMITTED LAND 1.8723 ACRES THE LOWER SURFACE (ELEVATION 694 FEET NAVD88) AND THE UPPER SURFACE (ELEVATION 702 FEET NAVD88) OF THE COMMON ELEMENT (AERIAL) ARE DEFINED BY THEIR RESPEC77VE ELEVATION INTERSECTIONS WITH VERTICAL LINES PROJECTED FROM EARTH CENTER THROUGH THE FOUR GROUND POINTS SHOWN ABOVE. ELEVATIONS ARE NORTH AMERICAN VERTICAL DATUM 1988. GROUND ELEVATION BELOW THE COMMON ELEMENT IS APPROXIMATELY 692 FEET NAV088. 10 0 10 GR4PH/C SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM EXHIBIT D CONDOMINUM PLAT do COMMON ELEMENTS �E,yTH 0�,y f� G' STONEWALL A64GIM14L DISTRICT, FREDERICK COUNTY, NRG/NM4 U NEST S. H a LiC. No. 1837 SCALE.' 1 "--10' 1 DATE.OCTOBER 4, 2016 GRF.F,NWAY ENGINEERING, INC. 151 Windy Hill Lane y„ GREENWAY ENGINEERING Winchester Viginia 22602 Telephone: (540) 662-4185 FAx (s4o) n2-vs28 www.greenwayeng.com SURF 202zC SHEET 2 OF 4 rnNnn 1s-m p V� JP T.M. 43—A-48 KREMER PROPER77ES, INC. D.B. 459, PG. 744 INST. No. 150006027 / 30' DRAINAGE £SMT. D.B. 490, PG. 632 Us ROME n VARIABLE WIDTH RIW EASTBOUND LANE LAND UNIT 4 POT094C EDISON ' CO. ESMT. D.B. 892, PG. 1085' / POT"C ' DISON \ / POLE LINE GREEMENT LAND UNIT'3 D.B. 577 PG. 32 ' \ \LAND UNIT 2 \ T.M. 43—A-48A CB VENTURES, LLC m \ INST No. 150011639 \ \ 4.9466 ACRES ' h LAND UNIT 7 1 11w TELEPHONE C0.' ' \ R,1W do ESMT \D.*.285,PG.38PROPOSED URWY LOCS VENTURES, LLCINST.No. 150011639 100 0 100 \ GRAPHIC SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM EXHIBIT D EXISTING EASEMENTS & BUILDING RESTRIC770N LINES STONEWALL A14GISTDW DISTRICT, FREDERICK COUNTY, WRGINIA SCALE.- 1 '=100' 1 DATE: OCTOBER 4, 2016 GREENWAY FNGINEERING, INC. 151 Windy Hill Lane W=he w, Vugirda 22602 Telephone: (540) 662-4185 GREENWAY FAX- (540) 722-9528 ENGINEERING www.greenwayeng.com 80, 80, p,LTH 0�: Lic. No.'1837 of suw4 2022C SHEET 3 OF 4 1 AREA TABULATION: T.M. 43—A-48A 4.9466 ACRES LAND UNIT 1 SUBMITTED LAND 1.8723 ACRES c LAND UNIT 2 SUBMITTED LAND 0.9877 ACRES LAND UNIT 3 SUBMITTED LAND 1.0451 ACRES CA LAND UNIT 4 SUBMITTED LAND 1.0415 ACRES CT) TOTAL 4.9466 ACRES CD NOTES: 1. THE SUBJECT PROPERTY 1S A PORTION OF THE LAND OWNED BY CB VENTURES, LLC AS RECORDED BY INSTRUMENT No. 150011639. THE PROPERTY IS IDENTIFIED AS TAX PARCEL 43—A-48A, CONTAINS 4.9466 ACRES AND IS ZONED B2. 2. THE PERIMETER BOUNDARY SHOWN HEREON IS BASED ON PLATS & DEEDS OF RECORD AND FIELD SURVEYS PERFORMED BY THIS FIRM. J. NO TITLE REPORT FURNISHED. EASEMENTS AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN. 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE X.• AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOODPLAIN PER N.F.LP. FLOOD INSUR4NCE RATE MAP No. 51069CO2190, EFFECTIVE DATE SEPTEMBER 2, 2009. 5. THE UTILITY LOT IS TO BE USED BY THE FREDERICK COUNTY SANITATION AUTHORITY FOR A SANITARY SEWER PUMP STATION. LINE BEARING DISTANCE L 1 S 83' 15 51 " W 45, 77' L2 N 06'44'09" W 33.00' L3 S 83'15'51 " W 41.34' L4 S 3225 21 " W 31.69' L5 DELETED L6 N 3225 21 " E 123.39' L7 N 71'1931" E 13.04' L8 N 18'4029" W 1 159.18' LINE BEARING DISTANCE L9 N 71'1931" E 180.33' L10 N 71'1931" E 167.29' L l l N 24'02 26" E 79.81 L 12 N 67'34'31 " W 115,26' L 13 S 22'25 29" W 26.87' L 14 N 6734'31 " W 16.24' L 15 S 64'5T'J 1 " W 79.93' 1, ERNEST S. HOLZWORTH, A DULY LICENSED LAND SURVEYOR IN THE COMMONWE4LTH OF VIRGINIA DO HEREBY CER77FY THAT THE INFORMATION CONTAINED ON THIS PLAT, DESIGNATED AS EXHIBIT D, " IS ACCURATE WITHIN NORMAL TOLERANCES AND COMPLIES WITH SECTION 55-79.58.A OF THE WRGINIA CONDOMINIUM ACT, AS AMENDED, AND THAT NO BUILDINGS OR THEIR ASSOCIATED IMPROVEMENTS HAVE MD. ERNEST S. Hpf2WOKH, L.S. CB VENTURES LAND CONDOMINIUM �N,Tx EXHIBIT D NOTES-� STONEWALL k4GISTFRAL DISTRICT, FREDERICK COUNTY, MGM co) ERNEST S" ,%WORTH y SCALE. NIA DATE.OCTOBER 4, 2016 Lic. i* 1837 GREENWAY ENGINEERING, TNc. A 151 Wundy Hill Lane rxn ,yam Winchester, l uginia 22602 SUR Telephone: (540) 662-4185 G RE E NWAY FAX (540) 722-9528 1 2022C SHEET 4 OF ENGINEERING www.greenwayeng.com CONDO 16-01 c=; VIRUMA: Pk?DF.RICK COUNTY.SCI. This instnnncnt i i ••. •gas produced to me ou n i t ith , dgement thereto annexed i,i I tt unposed by Sec. 58.J-802 of 5, and 58.1-801 have ken paid, if assessable 41", /-q ",—� ' (]©rk CB VENTURES !;-WTOT1 !E - ORDER OF u�t COMMUNITY BANK 3029 Z69-222i522 W` 11 1--1�.\TL 1pCNECK.AAl10R 1 $ I U.ImtIN Mlaa �nla� FOP, CeZyke rg1 ckh c-,UV P- 1:0 S 2 20 2 2 25 1011-127439u' 3029 7/2/2019 Untitled Page Frederick Home Frederick County Virginia L1,-r to mE Too, Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parllinci Violation Other Payment; ShoppingCart(0) Pin Oi Change Email Real Estate Ticket Detail Previous 2019 REAL ESTATE Dept/Ticket# RE2019 / 61580001 Frequency 1 Supplement# 0 Name CB VENTURES LLC Map# 43 A 48E Account# 8050209 Name 2 Bill Date 04/18/2019 Acreage 1.040 Address 415 W CECIL ST Due Date 06/05/2019 Improvements $0.00 WINCHESTER VA Desc LAND UNIT 4 1.04 ACRES Land Value $178,000.00 Land Use $0.00 Zip 22601 3705 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/06/2019 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $542.90 ($542.90) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2019 Charge 0 $542.90 $542.90 6/5/2019 Principal Paid 16034 ($542.90) $0.00 Previous https://fctaxes.co.frederick.va.us/Applications[TR_PayTaxes/REDetail.aspx 1/1 16 Q 0 t 13 n 2 DECLARATION OF CONDOMINIUM FOR CB VENTURES LAND CONDOMINIUM w r� N This Declaration is made as of this / '�' day of 2016 by CB Ventures LLC, a Virginia limited liability company (the "Declarant"). RECITALS A. Declarant `is the owner of the fee simple interest in certain land and improvements constructed thereon, and all easements, rights and appurtenances belonging thereto located in Frederick County, Virginia, and more particularly described in Exhibit "A" attached to and made a part of this Declaration (hereinafter called the "Submitted Land"). B. Summit Community Bank, having a mailing address at P.O. Box 179, 310 North Main Street, Moorefield, West Virginia 26836 ("Mortgagee") is the owner and holder of that certain Credit Line Deed of Trust ("Deed of Trust") by and between Mortgagee and Declarant, which Deed of Trust is dated December 8, 2015 and recorded among the land records of Frederick County, Virginia as Instrument No. 150012100, from the Declarant, unto Dennis Snyder and Garth Kunkle, as Trustee ("Trustee") securing the Mortgagee. C. Declarant desires to subject the Submitted Land to a condominium regime pursuant to the Virginia Condominium Act, Title 55, Section 79.39 et seq. of the Code of Virginia, 1950 Edition, as amended (hereinafter called the "Act' or the "Condominium Act'). D. Mortgagee and Trustee consent to the submission of the Submitted Land to the Condominium Act and to the terms and conditions of this Declaration and desire to join in this Declaration to evidence such consent. E. Pursuant to § 55-79.58 of the Condominium Act, there is attached to this Declaration and by reference made a part hereof, and filed for record herewith, marked Exhibit "D", a certain condominium plat and plan entitled "CB VENTURES LAND CONDOMINIUM EXHIBIT D CONDOMINUM PLAT & LAND UNITS" made by Greenway Engineering, Inc., dated October 4, 2016 and consisting of 4 sheets. Now, THEREFORE, Declarant hereby submits the Submitted Land to the provisions of the Condominium Act, and this Declaration hereby creates an expandable and contractible condominium. -r, c� ARTICLE 1 C.J DEFINITIONS r".) co Unless the context shall plainly require otherwise, the following terms when used in this Declaration and all exhibits attached to this Declaration shall have the following meanings: Section 1.1 "Building Condominium" means any condominium regime (other than the Land Condominium established pursuant to this Declaration) which may be established with respect to one or more Land Units and/or Land Unit Buildings pursuant to the Condominium Act. Section 1.2 "Building Condominium Association" means the unit owners association of any Building Condominium that may be subsequently established. Section 1.3 "Building Condominium Board" means the governing body of a Building Condominium Association or its duly authorized representative. As set forth in Sections 1.19 and 6.9 of this Declaration, each Building Condominium Board shall have the sole authority to act as the Unit Owner under the Land Condominium Instruments with respect to the Land Unit or Land Units which are included within its respective Building Condominium. Section 1.4 "Bylaws" means the Bylaws attached to this Declaration as Exhibit "B", as the same may be amended from time to time. Section 1.5 "Common Elements" has the meaning ascribed to it in Section 2.5(b). Section 1.6 "Declarant' means CB Ventures LLC, a Virginia limited liability company. Section 1.7 "Declaration" means this document and all exhibits attached hereto, as amended from time to time. Section 1.8 "Eligible Mortgagee" means a holder of a First Mortgage on an entire Land Unit who has submitted a written request to the Unit Owners Association for notice of amendments to the Land Condominium Instruments or other significant matters which would affect the interests of such mortgagee. Section 1.9 "First Mortgage" means the Mortgage with priority over all other Mortgages recorded against a Land Unit, Section 1.10 "Land Condominium" means the condominium regime created by the recordation of this Declaration, the Bylaws, and the Land Condominium Plat, as any of the foregoing may be amended from time to time. Section 1.11 "Land Condominium Instruments" means this Declaration, the Bylaws, and the Land Condominium Plat, as the same may be amended from time to time. 2 Section* "Land Condominium Plat" means the plaferred to as Exhibit "D" of this Declaration. Land Condominium Plat shall also include any amendments thereof, made and recorded in accordance with Section 55-79.58 of the Act. Section 1.13 "Land Records" means the Clerk's Office of the Circuit Court of ry Frederick County, Virginia, Section 1.14 "Land Unit" means an area described as such in this Declaration and shown as such on the Land Condominium Plat. "Land Unit" is sometimes also referred to as a "Unit". Section 1.15 "Land Unit Building" means the building or, collectively, the buildings, erected or to be erected within any Land Unit. Section 1.16 "Mortgage" means any deed of trust, mortgage, or other security instrument constituting a lien against a Land Unit. Section 1.17 "Mortgagee" means the holder of or beneficiary under a Mortgage. Section 1.18 "Officers" means any persons elected or appointed as officers of the Unit Owners Association in accordance with Article 3 of the Bylaws. Section 1.19 "Owner" and "Unit Owner" mean any natural person, corporation, partnership, limited liability company, association, trust, or other entity, legally capable of holding title to real property, that owns fee simple title to an entire Land Unit; provided, however, that any natural person, corporation, partnership, limited liability company, association, trust, or other legal entity that holds such an interest solely as security for the performance of an obligation shall not be an Owner solely by reason of that interest. From and after the time any Land Unit is subjected to a Building Condominium, the terms "Owner" and "Unit Owner" shall instead refer to the Building Condominium Association of each Building Condominium; provided, however, that all rights and obligations of such Building Condominium Association in its capacity as a Unit Owner shall be exercisable solely by the Building Condominium Board of such Building Condominium, or such Building Condominium Board's designated representative. Section 1.20 "Percentage Interest" means the undivided percentage ownership interest appurtenant to each Land Unit with respect to the Common Elements and also represents that Unit Owner's voting percentage on the Unit Owners Association. In accordance with Section 55-79.55 of the Act, each Land Unit in the Land Condominium is assigned a Percentage Interest based on the square footage of the surface of the land contained within such Land Unit, as such percentages are set forth in Exhibit "C" attached hereto. Section 1.21 "Percent of the Owners" means, for any specified percentage, the Owners of Land Units to which that percentage of the aggregate votes in the Unit Owners Association appertain. Section* "Submitted Land" has the meaning ascribe it in Exhibit "A" of this Declaration and includes all of the Land Units and Common Elements. Section 1.23 "Unit" has the meaning ascribed to it in Section 1,14 above. Section 1.24 "Unit Development" has the meaning ascribed to it in Article 3 of this Declaration. u Section 1.25 "Unit Owner" has the meaning ascribed to it in Section 1.19 above. cw iv Section 1.26 "Unit Owners Association" means the unincorporated entity c-n comprised of all Unit Owners. ARTICLE 2 CREATION OF CONDOMINIUM REGIME; EXPANSION OR CONTRACTION OF CONDOMINIUM Section 2.1 Name of Condominium. This condominium shall be known as "CB Ventures Land Condominium". Section 2.2 Submission of Submitted Land to the Condominium Act. The Submitted Land is hereby subjected to, and shall hereafter be held, conveyed, divided, subdivided, leased, rented, occupied, improved and encurnbered in accordance with the Condominium Act and the covenants, restrictions, uses, limitations, obligations, easements, equitable servitudes, charges, and liens set forth in this Declaration, including the Bylaws (a copy of which is attached to and made a part of this Declaration as Exhibit "B"), all of which are declared and agreed to be in aid of a plan for the subjecting of the Submitted Land to a condominium regime pursuant to the Condominium Act, and all of which shall be deemed to run with and bind the land, and shall inure to the benefit of and be enforceable by any person or entity acquiring or owning any interest or estate in the Submitted Land, including, without limitation, all present and future Owners and Mortgagees. All present and future Owners shall be subject to, and shall comply with, the provisions of this Declaration and the Bylaws. The acceptance of a deed of conveyance, the entering into of a lease or the entering into occupancy of any portion of a Land Unit shall constitute an agreement that the provisions of this Declaration and the Bylaws are accepted and ratified by such Owner, lessee or occupant and all of such provisions shall be enforceable equitable servitudes and covenants running with the land and shall bind any person having at any time any interest or estate in such Land Unit or portion thereof, as though such provisions were recited and stipulated at length in each and every deed of conveyance or lease thereof. Section 2.3 Units; Percentage Interests. Pursuant to Section 55-79.55 of the Condominium Act, each of the Land Units in the Land Condominium has been allocated a Percentage Interest based on the square footage of the surface of the land contained within such Land Unit, as such percentages for the Submitted Land are set forth in Exhibit "C" attached hereto. If the Condominium is expanded by the creation of additional Land Units, the Percentage Interests of all Units will be recalculated on the basis of the s* footage of the surface of the land containeollin each Land Unit. Each Land Unit shall have, as an appurtenance to that Land Unit, a voting interest in the Unit Owners Association equal to the Percentage Interest for such Land Unit. The --� locations of the Land Units are shown on the Land Condominium Plat. Each Land Unit c' consists of the area so identified on the Land Condominium Plat. Cl) r.J Section 2.4 Dimensions of Land Units. The dimensions of the Land Units are cr` as shown on the Land Condominium Plat. The vertical boundaries of each Land Unit shall be the vertical planes of the boundary lines described by metes and bounds extended to intersections with each other, as indicated on the Land Condominium Plat. There are no upper and lower boundaries of a Land Unit. Section 2.5 Common Elements. (a) Ownership. Each Owner shall be the owner of an undivided interest as a tenant -in -common in the Common Elements. The Common Elements shall remain undivided and shall remain appurtenant to the designated Land Unit(s). No Unit Owner or any other person shall bring any action for partition or division thereof. (b) Common Elements. The Common Elements consist of the areas specifically designated as "Common Element" on the Land Condominium Plat, and any improvements and facilities, if any, located thereon. Section 2.6 Option to Expand Condominium: Declarant hereby expressly reserves unto itself and/or its successors and assigns, the option and right to expand this Land Condominium pursuant to Sections 55-79.54(c) and 55-79.63 of the Condominium Act and subject to the provisions of this Section. (a) The option to expand shall be at the sole option of Declarant and shall not require the consent of any Land Unit Owner or Mortgagee; provided, however, if the Declarant is not the owner of the Additional Land, then the record owner of such land must provide its written consent. (b) This option to expand the Condominium shall expire ten (10) years after the date of recording of this Declaration if not sooner exercised (or such longer period as may be permitted pursuant to the Condominium Act); however, Declarant may, at any time prior to the expiration of such period, terminate its option to expand by recording among the Land Records an executed and notarized document terminating this option. (c) The metes and bounds description of the properties which may be added to this Land Condominium, if any, is set forth in Exhibit "A-V and hereinafter referred to as "Additional Land". (d) Declarant expressly reserves the right to add any or all portions of the Additional Land at any time, or at different times, in any order, without limitation; provided, however, that the Additional Land shall not exceed the total area of all that land described in Exhibit "A-1" attached hereto. The Additional Land is graphically depicted on Exhibit "D", attached hereto and made a part hereof. (*re Declarant makes no assurances as to theotion or type of Land Units or improvements on the Additional Land. Such improvements, if any, need not be -n compatible in the quality of construction, the principal materials to be used, or architectural style with the improvements on the Submitted Land. (f) The maximum percentage of aggregate land and floor area of all Land Units that may be created on the Additional Land that may not be restricted exclusively to residential use, if such Additional Land is added to this Land Condominium, is one hundred percent (100%). (g) The allocation of Percentage Interest for Land Units created on the Additional Land shall be based upon the square footage of the surface of the land contained within each Land Unit. Therefore, in the event that the Condominium is expanded to include any portion of the Additional Land, the Percentage Interests of all Land Units in the Land Condominium shall be reallocated with the Percentage Interest of each Land Unit then included in the Land Condominium based on the square footage of the surface of the land contained within each Land Unit. (h) In the event Declarant determines to exercise its option to expand, in addition to such other easements or rights it may have reserved, Declarant shall have the easements as set forth in Section 55-79.65 of the Condominium Act. ARTICLE 3 LAND UNIT DEVELOPMENT AND COOPERATION; SUBDIVISION OF LAND UNITS; EASEMENTS Section 3.1 Land Unit Development and Cooperation. (a) Each Unit Owner may construct, reconstruct, repair and/or modify any Land Unit Building and other improvements upon its Land Unit to the extent permitted by and in strict accordance with the provisions of this Declaration, the Bylaws, and applicable law. Each Unit Owner shall have the right to conduct future construction and development activities and/or make changes in the use of the Land Unit Building and other improvements within its Land Unit (referred to collectively as "Unit Development" herein), including, but not limited to, the right to subject its Land Unit and Land Unit Building to the provisions of the Condominium Act for the purposes of forming a Building Condominium. No part of a Land Unit Building or other improvements located on a Land Unit shall be considered to be part of the Common Elements of the Land Condominium, unless agreed otherwise in writing by all Owners. Notwithstanding the foregoing, in no event shall any Unit Owner cause or permit any actions with respect to its Land Unit that would result in any portion of the Submitted Land being in violation of applicable zoning laws and subdivision regulations. (b) Subject to the provisions of this Declaration and the Bylaws, each Owner shall cooperate with each other Owner in any construction, reconstruction, improvement, development, use, subdivision or consolidation of such other Owner's Land Unit which is in accordance with the Condominium Act, this Declaration, the Bylaws, and all other applicable recorded documents, laws and regulations affecting the Submitted Lan*ithout limiting the generality of the foregoing,lon written request by any Owner (the "Requesting Owner"), any other Owner (the "Cooperating Owner") shall execute, join in, and in good faith support, any and all applications, approvals, permits, easements and similar instruments of any kind whatsoever as may be deemed w necessary or desirable by the Requesting Owner, in its sole discretion, in connection with the Requesting Owner's Unit Development; provided, however, that (i) the co Requesting Owner shall defend, indemnify and hold the Cooperating Owner harmless from and against any and all liability, cost and expense in connection with third party claims, (ii) such cooperation shall not cause the then existing or proposed Unit Development of the Requesting Owner to be in violation of or otherwise not be in conformance with zoning requirements and applicable laws and regulations, and (iii) such cooperation shall not materially and adversely interfere with the planned or actual use or operation of the Land Unit Building or other improvement within the Cooperating Owner's Land Unit. Any easements or similar instruments granted pursuant to this subsection shall be granted without consideration (c) Subject to the provisions of this Declaration and the Bylaws, each Owner shall reasonably cooperate with each other Owner in connection with any and all amendments to this Declaration, the Bylaws or the Land Condominium Plat as may be necessary to reflect any Unit Development done in accordance with this Article and as may be deemed necessary or desirable by the Unit Owners to properly reflect the agreement of the Unit Owners with respect to the ownership, maintenance, operation and use of the Property (the "Unit Development Amendments"). (d) The Land Units may be used for any purposes that are in compliance with applicable zoning ordinances of Frederick County, Virginia, and this Declaration. (e) The Owner of each Land Unit shall be permitted and shall have the unqualified right to file with respect to the Land Unit owned by it (or any portion thereof), and without the joinder or consent of the other Land Unit Owners, such applications for any amendment to the land use approvals applicable to the Land Unit, including but not limited to amendments seeking (i) a change of the use of a Land Unit, or (ii) the increase or decrease in the gross floor area permitted on its Land Unit provided that any such request: (x) does not decrease the allowable gross floor area of any other Unit Owner; (y) does not result in any material change or modification to either the location or basic design of the Common Elements; or (z) does not result in any modifications of any parking requirement of any other Unit Owner. Section 3.2 Subdivision of Land Units. Subject to the express requirements of this Declaration and the Bylaws, an Owner may subdivide its Land Unit or adjust the boundary lines between their Land Units at any time or times in accordance with the procedures set forth in the Condominium Act, and without the consent of unaffected Unit Owners or the Unit Owners Association. Upon such subdivision or relocation of boundary lines, the Percentage Interest appurtenant to such Land Units shall be recomputed in accordance with the procedures set forth in this Declaration and the Condominium Act. Section* Easements for Common Elements. I*i Owner is herebv granted a non-exclusive easement, right-of-way and license over and through the Common Elements for the purpose of pedestrian and vehicular use, as applicable. T, c-> Section 3.4 Easements to Facilitate Development. The Unit Owners Association, and any persons authorized by the Unit Owners Association, is hereby r) granted the right of access over and through any portion of the Submitted Land �.n (excluding any occupied building), in the exercise and discharge of their respective powers and responsibilities, for which the Unit Owners Association is responsible for upkeep. Section 3.5 Limitations on Exercise of Rights and Easements. (a) Notice. The Unit Owners Association (when exercising easement rights granted or reserved hereunder) shall give reasonable prior notice to all affected Unit Owners, unless an emergency exists which precludes such prior notice (in which event prompt subsequent notice shall be given). (b) Limitations on Disturbance. The Unit Owners Association (when exercising easement rights granted or reserved hereunder) shall: (i) Minimize any economic or aesthetic injury to the affected Land Units or the Common Elements; (ii) Do any work promptly and as expeditiously as possible; (iii) Not unreasonably interfere with any affected Land Unit Owner's use of its Land Unit or the Common Elements, or with the Unit Owners Association's use of the Common Elements; (iv) Not materially interfere with vehicular or pedestrian access to or on any Land Unit or within the Submitted Land, without prior approval of the Land Unit Owner of the affected Land Unit; (v) To the extent practicable, limit any upkeep within an easement area to non -business hours with respect to the affected Land Unit and not block access to the parking lots or buildings located on the Land Unit; (vi) Not change the elevation of any other Land Unit without the prior written approval of the Land Unit Owner of the Land Unit, nor change the grade of any Land Unit owned by others without the prior written approval of the Land Unit Owner; and (vii) Fully restore any affected sidewalks, pavement, landscaping and similar improvements, and the surface of the land and the surrounding vegetation, to their condition immediately prior to the exercise of such easement (to the extent practicable) as soon as possible. (c) Relocation. If an easement is relocated, the cost of such relocation shall be paid by the party requesting the relocation. ((Omage. Any damage resulting from the exe-e of the aforesaid rights and easements shall be promptly repaired and the site restored to the extent practicable by the person exercising such rights and easements. The cost of such repair and restoration shall be paid by the person exercising such rights and o easements. W cam.) (e) Non -Exclusive and Perpetual. Except as may be otherwise provided CD in this Declaration, all rights and easements created by this section are non-exclusive and perpetual. Section 3.6 Easement Documentation. Each Unit Owner and the Unit Owners Association shall execute, acknowledge and deliver such documents and instruments as any such party shall reasonably request to further evidence the easements granted in this Declaration, including a plat locating any such easement. Section 3.7 Documents In Title. The Submitted Land is expressly subject to all documents in the chain of title to the Submitted Land. ARTICLE 4 INDEMNITIES Each Land Unit Owner (an "Indemnitor") shall defend, indemnify and hold harmless, at its expense, the Unit Owners Association and any other Land Unit Owner (individual, and collectively the "Indemnitee") against and from all claims, demands, liabilities, penalties, damages, actions, suits, expenses and judgments, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against any such Indemnitee (i) arising out of the development, construction, use, operation or maintenance by such Indemnitor of any portion of the Submitted Land, unless such damage or injury shall have been caused by the gross negligence or willful act or omission, in whole or in part, of such Indemnitee or any tenants, employees, invitees, contractors or agents of such Indemnitee; or (ii) by any architect, contractor, sub -contractor, engineer, attorney, real estate broker, supplier or any other employee or agent of the Indemnitor (each an "Indemnitor Party") and arising out of the development, construction, use, operation or maintenance by such Indemnitor Party of any portion of the Submitted Land, except for specific work or services provided pursuant to a written contract therefor between the Indemnitee and an Indemnitor Party. ARTICLE 5 AMENDMENTS TO DECLARATION Except as otherwise provided herein, this Declaration may be amended only in accordance with the Condominium Act and with the written consent of Land Unit Owners representing not less than fifty-five percent (55%) of the Percentage Interests of the Condominium. Any amendment to this Declaration shall become effective upon its recordation in the Land Records. Notwithstanding the above, each Land Unit Owner covenants and agrees to execute any amendment to this Declaration which is reasonably required or desired and requested by any Unit Owner in order to effectuate the use, mainfence, operation and development of its r*ctive Land Unit in accordance with the terms of this Declaration. Provided, further, the Declarant may unilaterally amend this Declaration, including its exhibits, in order (a) to make any corrections or clarifications; or (b) to comply with any governmental or lender requirements. ARTICLE 6 MISCELLANEOUS Section 6.1 Enforcement. (a) The Unit Owners Association and any Land Unit Owner shall have the right to enforce this Declaration and the Bylaws by any proceeding at law or in equity against any person or persons violating any of the same, either to restrain or enjoin violation and/or to recover damages, including reasonable attorneys' fees, and against any Land Unit to enforce any lien created pursuant to this Declaration or the Bylaws. Any breach or violation by any employee, agent, contractor, invitee, tenant, or guest of a Land Unit Owner shall be deemed a violation or breach by and enforceable against such Land Unit Owner. The failure or forbearance to enforce this Declaration or the Bylaws shall in no event be deemed a waiver of the right to do so thereafter. (b) There shall be and there is hereby created and declared to be a conclusive presumption that any violation or breach or any attempted violation or breach of any of the provisions of this Declaration or the Bylaws, as either may be amended from time to time, cannot be adequately remedied by action at law or exclusively by recovery of damages. Section 6.2 Real Estate Taxes and Assessments. All real estate taxes, governmental assessments and other public charges (collectively "Taxes") relating to any Land Unit including, without limitation, any Land Unit Buildings or other improvements constructed thereon, shall be the sole responsibility of and shall be paid prior to delinquency by the Owner of the Land Unit. If any Land Unit is subjected to a Building Condominium regime, the individual owners of units in the Building Condominium shall be responsible for the payment of Taxes in accordance with the governing documents for such Building Condominium. Section 6.3 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof unless such invalidity or unenforceability shall adversely and materially alter the operation of the Land Condominium. Section 6.4 Captions. The captions and section headings in this Declaration are included only for convenient reference, and in no way define, limit, or describe the scope or intent of this Declaration and shall not be relied upon or used in construing the effect or meaning of any of the provisions of this Declaration. 10 Section Applicable Law. This Declaration shall* governed by and construed according to the laws of the Commonwealth of Virginia. C) Section 6.6 Effective Date. This Declaration shall become effective when the Declaration and its exhibits (including the Bylaws and the Land Condominium Plat) N have been recorded among the Land Records. Section 6.7 Notices. Except as otherwise provided in this Declaration or the Bylaws, all notices, demands, bills, statements, or other communications under this Declaration and the Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or three (3) business days after sent by first-class mail (or otherwise as the Condominium Act may permit), (i) if to an Owner, at the Owner's Unit address or such other address as the Owner may designate in writing to the Unit Owners Association; (ii) if to the Unit Owners Association, at the principal office of the Unit Owners Association; (iii) if to a Building Condominium Association or Building Condominium Board, at the principal office of such Building Condominium Association, or at such other address as shall be designated by written notice to the Unit Owners Association in accordance with this Section; or (iv) if to an Eligible Mortgagee, to the address provided to the Unit Owners Association by that Eligible Mortgagee. The name and address of any Mortgagee of a Land Unit shall be provided in writing to the Association by such Unit Owners. Each Unit Owner shall also provide in writing to the Association its address at the time of acquisition of such Land Unit and shall keep such information updated. Section 6.8 Exhibits. All exhibits attached to this Declaration are incorporated into and made a part of this Declaration. Section 6.9 Rights of Building Condominium Board. The provisions of this Declaration and the Bylaws shall be applicable to all Building Condominiums as may be established within the Submitted Land in accordance with the Condominium Act. The rights and obligations of a Unit Owner under the Land Condominium Instruments with respect to a Land Unit or Land Units which are subject to a Building Condominium regime, including the Percentage Interest and voting rights appurtenant to any Land Unit or portion thereof which is subjected to a Building Condominium regime, shall be exercisable as determined by such Unit Owner. Section 6.10 Estoppel Certificate. If reasonably requested by a Mortgagee, prospective purchaser, lessee, or similar party, the Unit Owners Association or any Unit Owner shall execute and deliver an estoppel certificate upon not less than ten (10) days prior request. If applicable, the estoppel certificate shall include a statement certifying that this Declaration, the Bylaws and/or the Land Condominium Plat are unmodified (except as identified in the estoppel certificate) and in full force and effect, describing the dates to which assessments and/or maintenance fees and/or other charges have been paid, representing that, to such party's actual knowledge, there is no default (or stating the nature of the alleged default) and indicating such other matters with respect to this Declaration, the Bylaws and/or the Land Condominium Plat as may reasonably be requested. [SIGNATURE PAGE FOLLOWS] 11 SIGNATURE PAGE TO DECLARATION OF CONDOMINIUM w FOR c� CB VENTURES LAND CONDOMINIUM C-•) IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this Declaration to be duly executed as of this 0) day of Nowmbe_�-- , 2016. CB VENTU ES LLC By: �/� (SEAL) Name: LIA v Title: STATE OF V Ir otek— : to wit —EMN:P( OF:rr- 1 I, the�undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that`T�Gndolph /)_ 6,61un , asPlancn,,l/fwmLYrdf CB VENTURES LLC, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this q�h day of 1V0.vc1?,)1A1-- 2016. NotaryPublic Tjy .......... 0_" O . NOTARY`-. `rT, My commission expires: ask 3i do/� ,� PUBLIC N REG. �3scea Virginia Notary Registration N ber: l3 0C1�x o: Myro?4'1;ss,on, 12 0 0 JOINDER MORTGAGEE CONSENT, APPROVAL AND SUBORDINATION w w Z_ Summit Community Bank, having a mailing address at P.O. Box 179, 310 North Main Street, Moorefield, West Virginia 26836 ("Mortgagee") being the owner and holder of that certain Credit Line Deed of Trust ("Deed of Trust") by and between Mortgagee and CB Ventures LLC, a Virginia limited liability company ("Grantor" and "Grantee"), which Deed of Trust is dated December 8, 2015 and recorded among the land records of Frederick County, Virginia as Instrument No. 150012100, from the Grantor, unto Dennis Snyder and Garth Kunkle, - as Trustee ("Trustee") securing the Mortgagee, in the original principal amount of $446,600.00, does hereby expressly consent to and approve of the agreements between the parties pursuant to this Declaration of Condominium for CB Ventures Land Condominium ("Declaration") and, furthermore, does hereby expressly subordinate to the Declaration all right, title, interest and lien of the undersigned created by virtue of the Deed of Trust with respect to the property described in the Declaration. Except as set forth herein, the Deed of Trust shall otherwise remain in full force and affect. IN WITNESS WHEREOF, the undersigned by its duly authorized and appointed officers, has signed, sealed and Pbliverep this Mortgagee Consent, Approval and Subordination, this —7�'- day of , 20_ZLf. BENEFICIARY: SUMMIT COMMUNITY BANK SEAL) Titlee COMMONWEALTH OF�VIRGINIA COUNTY O c to wit: I, the undersigned Notary Public, in and for the jurisdiction afpresaio, do hereby certify that �raSUn T. 11(ck.S , as ,Jp4kio✓ & f�c,S Summit Community Bank, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdictionaforesaid. 44r_ Given under by hand his of 20� .. o mission expir bpi OFFICIAL SEAL `•� STA EOF PUBLIC EwEsrv,ary egistration Number: Al + CULL SUMMITC UNI BANK /i. AfOOREFJ � IELOBOX, 6 2Be,T Mgo y m Won ec `)`� xpirts Feb,wry 14, 2019 NOTARY PUBLIC 13 E 0 WITNESS the following signatures and seal this day of No07)h ✓ 2016. n- (SEAL) Snyder, Trustee CHERYL C. STOEHR COMMONWEALTH OF VIRGINIA NOTARY PUBLIC ��� �t,��-� r_ REGISTRATION) �' 7036378 c7vUt'v-F--1 OF J-1-4-AA i e r,- 14J (�(/�% , to wit: ZCOMMONWEALIH OF VIRGINIA C_ I i-y I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Dennis Snyder, Trustee, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under by hand this 3'kh of 20 My commission expires R��73 1 Notary Registration Number:_ _ 17p3 l� 3'1 l NOTARY PUBLI TRUSTEE (SEAL) Gartle, Trus ee �r ;7 _I CHERYL C. STOEHR COMMONWEALTH OF VIRGINIA i NOTARY PUBLIC COUNTY OF 'r� I -� REGISTRATION J Of _(� �(Ji11 I S V✓, �j ti4 t0 wit: COMMONWEALTH OF VIRGINIA C )4-1 I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that Garth Kunkle, Trustee, whose name is signed to the foregoing instrument, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. l Given under by hand this �" of /1JOL ' 4ip17 20 My commission expires /YICCrJC,l, Notary Registration Number: NOTARY PU LIC 1'4 -o C W C-0 CJ1 0 0 EXHIBIT "A" Legal Description of the Submitted Land 0 Land Unit 1 W G� Beginning at the intersection of the northerly right-of-way line of Amoco Lane — Route 839 and the westerly right-of-way line of Interstate Route 81, also being the most easterly corner of CB Ventures, LLC land as recorded by Instrument No. 150011639; Thence with said northerly right-of-way line of Amoco Lane — Route 839 S 83°15'51" W a distance of 45.77 feet; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) N 06144'09" W a distance of 33.00 feet; 2) S 83015'51" W a distance of 41.34 feet; 3) S 32125'21" W a distance of 31.69 feet to a point in the northerly right-of-way line of Amoco Lane — Route 839; Thence with said northerly right-of-way line of Amoco Lane — Route 839 N 57°34'39" W a distance of 331.38 feet; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) N 32°25'21" E a distance of 123.39 feet; 2) N 71°19'31" E a distance of 180.33 feet; 3) N 24102'26" E a distance of 79.81 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 the following three (3) courses and distances: 1) S 18°31'15" E a distance of 210.69 feet; 2) S 18'39'16" E a distance of 111.43 feet; 3) S 08118'09" E a distance of 104.00 feet to the Point of Beginning; Containing 1.8723 acres, more or less. c W Land Unit 2 (- J J Beginning at a point in the northerly right-of-way line of Amoco Lane — Route 839, also being the most southerly corner of Kremer Properties, Inc. land as recorded in Deed Book 459 Page 744 and Instrument No. 150006027; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running with the southeasterly line of said Kremer Properties, Inc. land the following three (3) courses and distances: 1) N 32025'21" E a distance of 147.99 feet; 2) S 25006'29" E a distance of 71.85 feet; 3) N 64153'31" E a distance of 147.09 feet; Thence departing said southeasterly line of Kremer Properties, Inc. land and running through the CB Ventures, LLC land as recorded by Instrument No. 150011639 the following three (3) courses and distances: 1) S 18140'29" E a distance of 159.18 feet; 2) S 71°19'31" W a distance of 13.04 feet; 3) S 32025'21" W a distance of 123.39 feet to a point in the northerly right-of-way line of Amoco Lane — Route 839; Thence with said northerly right-of-way line of Amoco Lane — Route 839 N 57034'39" W a distance of 255.27 feet to the Point of Beginning; Containing 0.9877 acres, more or less. c� Land Unit 3 c-) cw C..) Beginning at the most easterly corner of Kremer Properties, Inc. land as recorded in CO Deed Book 459 Page 744 and Instrument No. 150006027; Thence with the northeasterly line of said Kremer Properties, Inc. land N 25106'29" W a distance of 63.89 feet; Thence departing said northeasterly line of Kremer Properties, Inc. land and running through CB Ventures, LLC land as recorded by Instrument No. 150011639 the following four (4) courses and distances: 1) N 64053'31" E a distance of 79.93 feet; 2) S 67°34'31" E a distance of 16.24 feet; 3) N 22025'29" E a distance of 26.87 feet; 4) S 67034'31" E a distance of 115.26 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 S 18131'15" E a distance of 110.47 feet; Thence departing said westerly right-of-way line of Interstate Route 81 and running through said CB Ventures, LLC land the following three (3) courses and distances: 1) S 24102'26" W a distance of 79.81 feet; 2) S 71019'31" W a distance of 167.29 feet; 3) N 18040'29" W a distance of 159.18 feet to a point in the southeasterly line of said Kremer Properties, Inc. land; Thence with said southeasterly line of Kremer Properties, Inc. land N 64°53'31" E a distance of 32.91 feet to the Point of Beginning; Containing 1.0451 acres, more or less. G� CID (.W Land Unit 4 4; Beginning at a point in the southeasterly right-of-way line of U.S. Route 11, also being the most northerly corner of Kremer Properties, Inc. land as recorded in Deed Book 459 Page 744 and Instrument No. 150006027; Thence with said southeasterly right-of-way line of U.S. Route 11 N 60050'11" E a distance of 120.73 feet to a point in the westerly right-of-way line of Interstate Route 81; Thence departing said southeasterly right-of-way line of U.S. Route 11 and running with said westerly right-of-way line of Interstate Route 81 the following two (2) courses and distances: 1) S 67029'55" E a distance of 136.14 feet; 2) S 18031'15" E a distance of 206.35 feet; Thence departing said westerly right-of-way line of Interstate Route 81 and running through CB Ventures, LLC land as recorded by Instrument No. 150011639 the following four (4) courses and distances: 1) N 67°34'31" W a distance of 115.26 feet; 2) S 22025'29" W a distance of 26.87 feet; 3) N 67034'31" W a distance of 16.24 feet; 4) S 64053'31" W a distance of 79.93 feet to a point in the northeasterly line of said Kremer Properties, Inc. land; Thence with said northeasterly line of Kremer Properties, Inc. land N 25006'29" W a distance of 218.13 feet to the Point of Beginning; Containing 1.0415 acres, more or less. �► i Common Elements W The lower surface (elevation 694 feet NAVD88) and upper surface (elevation 702 feet o NAVD88) of the common element are defined by their respective elevation intersections with vertical lines projected from Earth center through the four ground points described by the following metes and bounds: Beginning at a point being the intersection of the northerly right-of-way line of Amoco Lane — Route 839 and the westerly right-of-way line of Interstate Route 81, also being the most easterly corner of CB Ventures, LLC land as recorded by Instrument No. 150011639; Thence with said northerly right-of-way line of Amoco Lane — Route 839 S 83015'51" W a distance of 45.77 feet to a point; Thence departing said northerly right-of-way line of Amoco Lane — Route 839 and running through said CB Ventures, LLC land the following two (2) courses and distances: 1) N 06044'09" W a distance of 10.00 feet to a point; 2) N 83115'51" E a distance of 45.50 feet to a point in said westerly right-of-way line of Interstate Route 81; Thence with said westerly right-of-way line of Interstate Route 81 S 08118'09" E a distance of 10.00 feet to the Point of Beginning; Containing a volume of 3,651 cubic feet, more or less. 0 0 EXHIBIT "A-1" Legal Description of the Additional Land =� w None. 0 • EXHIBIT "B" Bylaws of the Land Condominium c� (attached hereto) c� ry c') CD BYLAWS W OF UNIT OWNERS ASSOCIATION OF CB VENTURES LAND CONDOMINIUM ARTICLE 1 PLAN OF CONDOMINIUM Section 1.1 The Land Condominium. The Submitted Land described on Exhibit "A" to the Declaration has been established as an expandable condominium pursuant to Chapter 4.2 of Title 55 of the Code of Virginia (the "Condominium Act"). These Bylaws are attached to and made part of the Declaration as Exhibit "B" and are intended by the Declarant to set forth, among other things, a plan by which the affairs of the Land Condominium shall be administered and governed by the Unit Owners Association pursuant to the Condominium Act. Section 1.2 Definitions. In these Bylaws, all capitalized terms shall have the same meanings as designated in the Declaration or in the Condominium Act, unless otherwise expressly provided or apparent from the context. Section 1.3 Applicability of Bylaws. The provisions of these Bylaws are applicable to the Unit Owners Association and to the Land Condominium. All present and future Unit Owners, lessees and occupants of Land Units and Land Unit Buildings, and any other persons who may use the Land Condominium or the facilities of the Land Condominium in any manner, are subject to the Declaration and these Bylaws. The acceptance of a deed of conveyance to any portion of a Land Unit or a Land Unit Building shall constitute an agreement that these Bylaws and the Declaration, as either may be amended from time to time, are accepted, ratified and will be complied with. ARTICLE 2 UNIT OWNERS ASSOCIATION Section 2.1 Purpose and Status of the Unit Owners Association. The purpose of the Unit Owners Association shall be to operate the Land Condominium for the benefit of the Unit Owners and to exercise the powers conferred upon it by the Declaration and these Bylaws. The Unit Owners Association shall be an unincorporated entity, unless the Unit Owners subsequently decided to incorporate. All powers and Page: 1 • duties of the Unit Owners Association set forth in the Declaration and these Bylaws shall be exercised solely by the Unit Owners Association; there shall be no Board of Directors for the Unit Owners Association. Section 2.2 Name and Mailing Address. The Unit Owners Association shall be known as "Unit Owners Association of CB Ventures Land Condominium". All notices, demands, requests or communications to the Unit Owners Association shall be mailed to such person and address as determined from time to time by the Unit Owners Association. Initially, the name of the person, and the address, are as follows: Edward P. Browning IV, CB Ventures LLC, 415 W. Cecil Street, Winchester, VA 22601. Section 2.3 Limited Powers of the Unit Owners Association. The Land Condominium has been established for the main purpose of creating Land Units that can each be financed and conveyed. The Unit Owners Association shall have only those powers enumerated in the Condominium Act that are reasonably necessary to effect the foregoing limited purpose of the Land Condominium, or to effect such other matters that are expressly provided for in the Declaration and these Bylaws. Without limiting the scope of matters that are outside of the limited powers of the Unit Owners Association, the Unit Owners Association shall have no authority or obligation to act on behalf of any Building Condominium Association or any unit owner within a Building Condominium in any manner whatsoever, including, without limitation, with respect to any claim, litigation or proceedings related to the construction or warranties of any Building Condominium. Section 2.4 Members. The Unit Owners Association shall have as its members all of the Unit Owners. Section 2.5 Meetings of the Unit Owners Association; Meeting Officers. Meetings of the Unit Owners Association shall be held as required by the Condominium Act or as agreed upon by the Unit Owners. The Unit Owners Association shall designate a person to act as the chairperson of each meeting and shall designate a records secretary to keep the minutes of the meeting and record any votes taken at the meeting. The records secretary may be, but shall not be required to be, a Unit Owner. Section 2.6 Place of Meetings. Meetings of the Unit Owners Association shall be held at the principal office of the Unit Owners Association or at such other suitable place convenient to the members of the Unit Owners Association as may be determined from time to time and designated in the notice of meeting by the Secretary. Section 2.7 Notice of Meetings. It shall be the duty of the Secretary of the Unit Owners Association or such other person designated by the Unit Owners Association to provide notice of each annual meeting of the Unit Owners Association at least twenty-one (21) days, but not more than ninety (90) days, prior to such meeting and to provide notice of each special meeting of the Unit Owners Association at least seven (7) days, but not more than ninety (90) days, prior to such meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Unit Owner of record, at its address shown on the roster maintained by the Unit Owners Association Page: 2 -v c� W (hereinafter called the "Roster"). The mailing of a notice of meeting in the manner ui provided in this Section shall be considered service of notice as of the date of such mailing. In addition to the mailing of notice of each annual and special meeting, notice may be personally delivered to each Unit Owner at its address as shown on the Roster. Attendance by a member of the Unit Owners Association at a meeting in person or by proxy shall constitute waiver of notice of the time, place and purposes of such meeting. Section 2.8 Adjournment of Meeting. If any meeting of the Unit Owners Association cannot be held because a quorum of members has not attended, the members of the Unit Owners Association holding a majority of votes who are present at such meeting, either in person or by proxy, may adjourn the meeting and call for an additional meeting provided at least fifteen (15) days' notice of the time, place and purpose of the additional meeting is given to all members of the Unit Owners Association. If the additional meeting cannot be held because a quorum of members has not attended, the above provisions of this Section 2.8 shall govern. Section 2.9 Voting. (a) Each Unit Owner, designee of an entity Owner, or, subject to the proxy limitations set forth below and in the Condominium Act, a person designated by each Unit Owner to act as proxy on his behalf (and who need not be a Unit Owner), shall be entitled to cast the vote(s) appurtenant to its Land Unit(s) at all meetings of the Unit Owners Association. The designation of any such proxy shall be made in writing and filed with the Secretary of the Unit Owners Association or other person designated by the Unit Owners Association to receive proxies, in a form approved by the Unit Owners Association, which approval may not be unreasonably withheld, conditioned or delayed, before the appointed time of each meeting. Each proxy shall be revocable at any time by written notice to the person presiding over the meeting by the Unit Owner who so designated the proxy, and shall automatically expire after the first meeting held on or after the date of that proxy or any recess or adjournment of that meeting. Proxies may be utilized to establish a quorum pursuant to Section 2.11 of this Article 2 and may be utilized to vote on any other matter at the meeting of the Unit Owners Association. In the case of a Land Unit which is owned by more than one person or entity, any or all of such Owners may be present at any meeting of the Unit Owners Association and (those constituting the group acting unanimously) may vote or take any other action as a Unit Owner, either in person or by proxy. A fiduciary shall be the voting member with respect to any Land Unit owned in a fiduciary capacity. Where title to a Land Unit is in more than one person or entity, such multiple owners shall be entitled to cast, in the aggregate and as a solid block, the vote allocated to the Land Unit. If such multiple owners shall be unable to agree upon their vote upon any subject at any meeting, they shall either designate a third party to cast their vote or shall lose their right to vote on such subject, but if all of them shall not be present at a meeting, either in person or by proxy, the collective vote of those that were present shall be the vote of all of the Owners of the Land Unit. (b) Except where a greater number is required by the Condominium Act or the Land Condominium Instruments, a Majority Vote is required to adopt Page: 3 CD w .r- decisions at any meeting of the Unit Owners Association. As used In these Bylaws, the M term "Majority Vote" shall mean the vote of those members of the Unit Owners Association having more than fifty percent (50%) of the total authorized votes of all members of the Unit Owners Association present, in person or by proxy, and voting at any meeting of the Unit Owners Association. Section 2.10 Open Meetings. All meetings of the Unit Owners Association shall be open to all members of the Unit Owners Association (and other interested parties in the discretion of the Unit Owners Association or as required by law). Section 2.11 Quorum. Except as otherwise provided in these Bylaws or in the Condominium Act the presence in person or by proxy of members of the Unit Owners Association having sixty percent (60%) of the total authorized votes of all members of the Unit Owners Association constitutes a quorum at all meetings of the Unit Owners Association. Section 2.12 Liquidation Rights. In the event of any voluntary or involuntary dissolution of the Unit Owners Association, each Unit Owner shall be entitled to receive out of the assets of the Unit Owners Association available for distribution to the members thereof, an amount in proportion to its Percentage Interest. With respect to a Land Unit subjected to a Building Condominium, each owner of a condominium unit therein is entitled to a share of the distribution of assets based upon such unit's allocable share of the Percentage Interest of such Land Unit, which share shall be based upon such unit's percentage interest in the common elements of such Building Condominium. Section 2.13 Action Without Meeting. Any action by the Unit Owners Association required or permitted to be taken at any meeting may be taken without a meeting if all the members of the Unit Owners Association shall individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Unit Owners Association. Section 2.14 Liability of the Unit Owners Association; Defense of Claims. (a) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable to the Unit Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or gross negligence. (b) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable for the failure of any service to be obtained or paid for by the Unit Owners Association, or for injury or damage to persons or property caused by the elements or by another Unit Owner or person on the Property, or resulting from electricity, gas, water, rain, dust or sand which may leak or flow from the outside or from any part of any of the Land Units or Land Unit Buildings, or from any of such Land Unit Building pipes, drain conduits, appliances, or equipment, or from any other place unless in each such instance such injury or damage has been caused by the willful misconduct or gross negligence of such person acting on behalf of the Unit Owners Association. Page: 4 c-� c.� Cl) (c) Officers and Owners acting on behalf of the Unit Owners Association -4- shall have no personal liability in contract to a Unit Owner or any other person or entity under any agreement, check, contract, deed, lease, mortgage, instrument, or transaction entered Into by them on behalf of the Unit Owners Association in the performance of their official duties. (d) Officers and Owners acting on behalf of the Unit Owners Association shall not be liable to a Unit Owner, or such Unit Owner's tenants, employees, agents, customers or guests, for loss or damage caused by theft of or damage to personal property left by any Unit Owner or his tenants, employees, agents, customers or guests, or in or on the Common Elements, except for such person's own willful misconduct or gross negligence. (e) Officers and Owners acting on behalf of the Unit Owners Association shall have no personal liability in tort to a Unit Owner or any other person or entity, direct or imputed, by virtue of acts performed by or for them, except for such person's own willful misconduct or gross negligence in the performance of their duties. (f) Officers and Owners acting on behalf of the Unit Owners Association shall have no personal liability arising out of the use, misuse or condition of any buildings located on the Land Condominium or which might in any other way be assessed against or imputed to such person as a result of or by virtue of their performance of their duties, except for such person's own willful misconduct or gross negligence. (g) Complaints brought against an Owner acting on behalf of the Unit Owners Association, Officers, or employees or agents thereof in their respective capacities as such, or the Land Condominium as a whole, shall be directed to the Unit Owners Association, which shall promptly give written notice thereof to the Owners and such complaints shall be defended by the Unit Owners Association. Complaints against one or more but less than all Owners shall be defended by such Owners themselves and, if the complaint relates to the Land Condominium, such Owners shall promptly give written notice of the institution of any such suit to the Unit Owners Association. Section 2.15 Common or Interested Members of the Unit Owners Association. Owners acting on behalf of the Unit Owners Association shall exercise their powers and duties in good faith and with a view to the interests of the Unit Owners Association and consistent with the purposes set forth in the Declaration and these Bylaws. No contract or other transaction between the Unit Owners Association and one or more Owners, or between the Unit Owners Association and any corporation, firm, entity, or association in which one or more of the members of the Unit Owners Association are directors or officers or are financially or otherwise interested, shall be either void or voidable because such member or members are present at the meeting of the Unit Owners Association which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if such action complies with the provisions of Section 13.1-691 of the Code of Virginia (1995), as amended, or its successor statute. Page: 5 0 • ARTICLE 3 OFFICERS Section 3.1 Election of Officers. The Unit Owners Association shall elect such Officers of the Unit Owners Association as deemed necessary, by a majority vote of such members annually at a meeting of the Unit Owners Association at which a quorum is present, or as otherwise may be deemed necessary by the Unit Owners Association. Section 3.2 Compensation of Officers. No Officer shall receive any compensation from the Unit Owners Association for acting as such (unless otherwise provided by the majority vote of Unit Owners); provided, however, officers may be reimbursed for authorized sums which they may expend on behalf of the Unit Owners Association. ARTICLE 4 OPERATION OF THE CONDOMINIUM Section 4.1 Determination of Common Expenses and Assessments Against Unit Owners. (a) Fiscal Year. The fiscal year of the Unit Owners Association shall be the calendar year. (b) Preparation and Approval of Budget. At least forty-five days before the beginning of the fiscal year, the Unit Owners Association, through its officers (or, if no officers have been elected, by majority vote of the Owners) shall adopt a budget for the Unit Owners Association containing an estimate of the total amount considered necessary to pay the cost of the obligations of the Unit Owners Association as required by the Condominium Act or the Land Condominium Instruments ("Common Expenses"). The budget shall constitute the basis for determining each Unit Owner's assessment for Common Expenses. (c) Assessment and Payment of Common Expenses. The budget so adopted shall be assessed against each Unit Owner in proportion to its respective Percentage Interest and shall be a lien against each Unit Owner's Unit. (d) Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Unit Owners Association to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay its allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each installment at the rate established for the previous fiscal year until notice of the new annual or adjusted budget shall have been delivered. Page: 6 , c� C: C) Section 4.2 Payment of Common Expenses. Each Unit Owner shall pay the Common Expenses assessed by the Unit Owners Association in proportion to its Percentage Interest as set forth in Exhibit "C" to the Declaration. Each such assessment, together with the interest, late charges and costs of collection (including reasonable attorneys' fees), shall also be the personal obligation of the Unit Owner at the time the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title or interest unless assumed by them. Section 4.3 Collection of Assessments. Any assessment not paid within ten days after due shall accrue a late charge in the amount of five percent of the overdue assessment or installment. Each defaulting Unit Owner shall also pay all costs of collection, including without limitation, reasonable attorneys' fees, incurred in the collection of any unpaid assessment. Section 4.4 Statement of Common Expenses and Access to Records. The Unit Owners Association shall promptly provide any Unit Owner, contract purchaser or Mortgagee so requesting the same in writing, with a written statement of all unpaid assessments for Common Expenses due with respect to such Unit. The Unit Owners Association shall make available during normal business hours for inspection, upon request by Unit Owners, Mortgagees and prospective purchasers, and their authorized agents, current copies of the Land Condominium Instruments and other books, records and financial statements of the Unit Owners Association (including, if such is prepared, the most recent annual audited financial statement of the Unit Owners Association). If and so long as there is no audited statement available, any Unit Owner or Mortgagee may have an audited statement prepared at its expense. Section 4.5 Maintenance, Repair, Replacement and Other Common Expenses. (a) By the Unit Owners Association. The Unit Owners Association shall be responsible for the maintenance, repair and replacement of the Common Elements. The Common Elements shall be kept in good repair and in a clean and first class condition. (b) By the Unit Owner. Each Unit Owner shall be responsible for the maintenance and repair of its Land Unit and Land Unit Buildings located thereon. Each Land Unit and Land Unit Buildings located thereon shall be kept in good repair and in a clean and first class condition. ARTICLE 5 INSURANCE Section 5.1 Authority to Purchase. All insurance policies relating to the Common Elements of the Condominium shall be purchased by the Unit Owners Association, in accordance with the requirements of the Condominium Act. Each such policy shall provide that the insurer waives any right to claim (i) by way of subrogation Page: 7 0 0 against the Declarant, the Unit Owners Association, the Unit Owners and their c' respective agents and employees, and (ii) invalidity arising from acts of the insured. All Ln policies of insurance shall be written by reputable companies licensed to do business in o the Commonwealth of Virginia. Section 5.2 Liability Insurance. The Unit Owners Association shall obtain and maintain commercial general public liability and property damage insurance in such limits as it may from time to time determine (but for not less than $1,000,000 for bodily injury or property damage for any single occurrence), insuring the Unit Owners Association and each Unit Owner against any liability to the public or to the Unit Owners (and their invitees, agents and employees) arising out of, or incident to the ownership or use of the Common Elements including, to the extent applicable, employer's liability insurance, comprehensive automobile liability insurance, all -written contractual liability insurance, garage keeper's liability and bailee's liability. Such insurance shall be issued on a comprehensive liability basis and shall contain: (i) a cross -liability endorsement under which the rights of a named Insured under the policy shall not be prejudiced with respect to his action against another named insured; and (ii) a "severability of interest" endorsement which shall preclude the insurer from denying liability to the Unit Owners Association or to a Unit Owner because of negligent acts of the Unit Owners Association or of another Unit Owner. The Unit Owners Association shall review such limits periodically. ARTICLE 6 SALES AND MORTGAGES OF LAND UNITS Section 6.1 Sales. A Unit Owner may sell or lease his Land Unit or any interest therein without the consent of the Unit Owners Association or any Unit Owner or Mortgagee. Section 6.2 No Severance of Ownership. A Unit Owner may mortgage or encumber its Unit without the consent of the Unit Owners Association or any other Unit Owner. No Owner shall execute any Mortgage, bring an action in partition, or otherwise convey, or encumber its Land Unit without including therein the appurtenant Common Elements it being the intention of this Article 6 to prevent any severance of such combined ownership. Any Mortgage or instrument purporting to affect one or more of such interests without including all such interests shall be deemed and taken to include the interest or interests so omitted. No part of the appurtenant Common Elements of any Land Unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other disposition of the Land Unit to which such interests are appurtenant, or as part of a sale, transfer, or other disposition of such part of the appurtenant Common Elements of all Land Units. Page: 8 -v c-> ARTICLE 7 W cn CONDEMNATION In the event of a taking in condemnation (or by purchase in lieu thereof) of a Land Unit or any part thereof or of part or all of the Common Elements, the award made for such taking or purchase shall be distributed in accordance with Section 55-79.44 of the Condominium Act, and the distributions shall be made in accordance with the priority of interests at law or in equity in each Land Unit. With respect to condominium units in any Land Unit Building, any taking in condemnation (or by purchase in lieu thereof) of a Land Unit or part or all of the Common Elements, the award or compensation shall be distributed in accordance with (i) Section 55-79.44 of the Condominium Act, (ii) the provisions of the Land Condominium Instruments and (III) in accordance with the priority of interests at law or in equity of each Land Unit in the Common Elements of the Land Condominium. ARTICLE 8 EASEMENTS FOR UTILITIES AND RELATED PURPOSES Subject to any limitations imposed by the Condominium Act or the Declaration, the Unit Owners Association is authorized and empowered to grant (and shall from time to time grant) such licenses, easements and/or rights -of -way with respect to the Common Elements for sewer -lines, water lines, electrical cables, cable television, telephone cables, gas lines, storm drains, underground conduits and/or such other purposes related to the provision of public utilities to the Land Condominium as may be considered necessary or appropriate by the Unit Owners Association for the preservation of the health, safety, convenience and/or welfare of the Unit Owners and/or as required by the Declaration. ARTICLE 9 COMPLIANCE AND DEFAULT Section 9.1 Relief. Each Unit Owner shall be govemed by, and shall comply with, all of the terms of the Land Condominium Instruments and the Condominium Act. In addition to the remedies provided in Section 55-79.53 of the Condominium Act, a default of any term of the Land Condominium Instruments by a Unit Owner shall entitle the Unit Owners Association to the following relief: (a) Additional Liability. Each Unit Owner shall be liable for the expense of all maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of his tenant, employees, agents, invitee, or licensees, but only to the extent that such expense is not covered by the proceeds of insurance carried by the Unit Owners Association, excluding any deductible amount. Page: 9 0 -b 0 c-) W (b) Costs and Attorneys' Fees. In the event of any enforcement action cln brought against a Unit Owner by the Unit Owners Association, the prevailing party shall N be entitled to recover the costs of such proceeding and such reasonable attorneys' fees as may be determined by the court or agreed upon by the parties. (c) Interest. In the event of a default by any Unit Owner in paying any sum assessed against its Unit, other than for Common Expenses, which continues for a period in excess of fifteen (15) days, interest at a rate of ten percent (10%) per annum may be imposed on the principal from the date due until paid, which rate of interest may be adjusted from time to time by the Unit Owners Association based on the increase In the prime rate of interest charged by the financial institution where the Unit Owners Association has its operating account. (d) Legal Proceedings. Failure to comply with any of the terms of the Land Condominium Instruments shall be grounds for relief, including without limitation, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, any other relief provided for in these Bylaws or any combination thereof and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Unit Owners Association or, if appropriate, by any aggrieved Unit Owner, and shall not constitute an election of remedies. Section 9.2 Lien for Assessments. (a) Lien. The total annual assessment of each Unit Owner for Common Expenses or any special assessment, or any other sum duly levied (including without limitation, penalties, interest, late charges, etc.), made pursuant to these Bylaws, is hereby declared to be a lien levied against the Unit of such Unit Owner as provided in Section 55-79.84 of the Condominium Act. (b) Enforcement. The lien for assessments may be enforced and foreclosed in the manner provided by the laws of the Commonwealth of Virginia by power of sale or action in the name of the Unit Owners Association. (c) Remedies Cumulative. A suit to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the same, and a foreclosure may be maintained notwithstanding the pendency of any suit to recover a money judgment. Section 9.3 Subordination and Mortgage Protection. Notwithstanding any other provisions hereof to the contrary or in the Condominium Act, the lien of any assessment levied pursuant to these Bylaws upon any Land Unit (and any penalties, interest on assessments, late charges or the like) shall be subordinate to, and shall in no way affect the rights of a Mortgagee made by an institutional lender and secured by a First Mortgage, or affect the rights of any Owner of such Unit acquiring its interest by foreclosure or deed in lieu thereof; provided, however, that such subordination shall apply only to assessments which have become due and payable prior to a sale or Page: 10 r 0 c� transfer of such Unit pursuant to foreclosure, or any proceeding in lieu of foreclosure. Cl) Such sale or transfer shall not relieve the purchaser of the Unit at such sale from liability (-n for any assessments becoming due after any such foreclosure or deed in lieu thereof, C') nor from the lien of any such subsequent assessment, which lien shall have the same effect and be enforced in the same manner as provided herein. ARTICLE 10 MISCELLANEOUS Section 10.1 Notices. Unless otherwise provided in the Declaration or these Bylaws, all notices hereunder shall be given in accordance with Section 6.7 of the Declaration. Section 10.2 Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws. Section 10.3 Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws, or the intent of any provision thereof. Section 10.4 Gender. The use of the masculine gender in these Bylaws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires, and vice versa. Section 10.5 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. Section 10.6 Amendments to Bylaws. Except as otherwise required herein or in the Declaration, these Bylaws may be amended only in accordance with the consent of 55% of the Common Element Interests of all Unit Owners. Notwithstanding the above, each Unit Owner covenants and agrees to execute any amendment to these Bylaws which is reasonably required or desired and requested by any Unit Owner in order to effectuate the use, maintenance, operation and development of its respective Land Unit in accordance with the terms of the Declaration and these Bylaws. The Unit Owners Association shall give notice to all Eligible Mortgagees seven (7) days prior to the date on which the Unit Owners amend these Bylaws. Section 10.7 Conflicts. In case any part of these Bylaws conflicts with the Condominium Act and/or the Declaration, the provisions of the Condominium Act and/or Declaration, as the case may be, shall control. [Signature page to Follow] Page: 11 0 0 Signature Page to Bylaws IN WITNESS WHEREOF, the undersigned, Ipping the Declarant herein, has caused these Bylaws to be duly executed as of this 1--day of JVQ1('MJX` , 2016. CB Ventures LLC, a Virgini mite abi Ity company By: Name: ,v004-0 Title:A�— COMMONWEALTH OF VIRGINIA C( l� eE)44 Y-OF (jJ Ill c(1n5 I, the uncle rsig d, a Notary Public in and for the above jurisdiction aforesaid, do hereby certify that ,1-- olah •4. , n- i/Vg� �, //Ttt'mtv,-- of CB Ventures LLC has acknowledged the same before me in the of esaid jurisdiction on behalf of said limited liability company. GIVEN under my hand and seal on N^ u2016. (SEAL) Notary Public My commission expires f J/ --)0/1/ My notary registration no: l3 q0 9 SE L, T/yo% O. ''rvorgNv'0 * RFC Uatic = n,? S068 SIotv f # C Page: 12 CD CJ Ul 0 • EXHIBIT "C" c) W Common Element Interest Table (_n Cj1 Land Unit Description Size (approximate acreage) Common Element and Voting Interests 1 1.8723 37.85% -- 2 0.9877 —_-- 19.97% 3 1.0451 21.13% 4 1.0415 21.05% 4.9466 TOTAL ' 100.00% EXHIBIT "D" c-> Land Condominium Plat and Plan CD W cli (attached hereto) M C� U.S ROUTE 11 VAR14BLE WIDTH R/W EASTBOUND LANE _ - - - - - - - v- - - cJ I.0 N 60*50'11" E C 120 73' J, ' W t1 "P CA O� I.M. 43-A-48 KREMER PROPERTIES, INC. N i D.B. 459, PG. 744 LAND UNIT 4 80, ' J INST No. 150006027 SUBMITTED LAND 3 1.0415 ACRES ' I . E h �o h 2�80659' E L15 1 N 64'53 ;31 ' 147.09 32.91 ' \ LAND UNIT 2 LAND UNIT 3 Qz N� SUBMITTED LAND ; m SUBMITTED LAND \�r 0.9877 ACRES 1.0451 ACRES Q' Q Z N-4. 10 ��, 0 ' \ T.M. 43-A-48A CB VENTURES, LLC ' INST. No. 150011639 4.9466 ACRES N O \ LAND UNIT 1 SUBMITTED LAND 3- \ W 1.8723 ACRES 80 • h / ku rn \/ \ COMMON I ELEMENT � SE£ SHEET 12 PROPOSED UTILITY LOT \ CB VENTURES, LLC \ �4 INST. No. 150011639 1 o0 o�' o 100 0 100 S, GRAPHIC SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM �p,TH 0 EXHIBIT D t CONOOMINUM PLAT k LAND UNITS G' STONEWALL 94Z7FRAL DiS>RICT, FREDERICK COUNTY, VIRGINDI ' ERNEST S. 1H y SCALE' l '-100' DATE. • OCTOBER 4, 2016 Lic. No. 1837 GREENWAYENGINEERING, INC. t /p " 151 Windy Hill Lane q, —0- m ,sn Winchester, Vuginia 22602 YrD sulz `t Telephone: (540) 662-4185 GREENWAY FAX. (540) 722-9528 2022C SHEET 1 OF 4 ENGINEERING www•greenwawng.com CONDO 16-01 S8•- PROPOSED UTILITY LOT CB VENTURES, LLC INST. No. 150011639 00 T.M. 43-A-48q CB VENTURES, LLC INST No. 150011639 4.9466 ACRES s83�ss�� �• 8� �9 � Rey LAND UNIT 1 SUBMITTED LAND 1.8723 ACRES 11. THE LOWER SURFACE (ELEVATION 694 FEET NAVD88) AND THE UPPER SURFACE (ELEVATION 702 FEET IMVD88) OF THE COMMON ELEMENT (AERIAL) ARE DEFINED BY THEIR RESPECTIVE ELEVATION INTERSECTIONS WITH VERTICAL LINES PROJECTED FROM EARTH CENTER THROUGH THE FOUR GROUND POINTS SHOWN ABOVE. ELEVATIONS ARE NORTH AMERICAN VERTICAL DATUM 1988. GROUND ELEVATION BELOW THE COMMON ELEMENT IS APPROXIMATELY 692 FEET N4V088. -o C_= CA.) CJt 10 0 10 GRAPHIC SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM EXHIBIT D CONDOMINUM PLAT & COMMON ELEMENTS �N,TH 0 f� STONEWALL A44GIS7ER14L DISTRICT, FREDERICK COUNTY, WRGNIA NEST S. H y Llc. No. 1837 t /�/�� 4 SCALE: 1 "--10 DATE. OCTOBER 4, 2016 GREENbVAYENGINEERING, INC. 151 Windy Hill Lane ram asn Winchester, Vuginia 22602 Telephone: (540) 662-4185 SUR G RE E NWAY ENGINEERING FAX (540) 722-9528 www.greenwayeng.com 2022C SHEET 2 OF 4 CONDO 16-01 lw US ROUTE n VARIABLE WIDTH R/1V E4S'TDOUND LANE I "! p� T.M. 43-A-48 \ \ V� KREMER PROPERTIES, INC. \ JP D.B. 459, PG. 744 INST. No. 150006027 LAND UNIT 4 ) POTOMAC EDISON I CO. ESMT. D.B. 892, PG. 1085' 30' DRAINAGE ESMT. D.B. 490, PG. 632 \ I POTOMAC ' DISON \ POLE LINf GRfEMENT LAND UNIT3 D.B. 527 PG. 32 I UNIT 2 ' ` T M. 43-A-484 CB VENTURES, LLC ' m \� \ INST. No. 150011639 0 \ \ 4.9466 ACRES h L w \ LAND UNIT 1 ` \q&P TELEPHONE CO.' R/W & ESMT D\\q. 285, PG. 3821 I � I PROPOSED UITLIIY LOT CB VENTURES, LLC \ INST. No. 150011639 100 0 100 / GRAPHIC SCALE (IN FEET) CB VENTURES LAND CONDOMINIUM EXHIBIT D EXISTING EASEMENTS do BUILDING RESTRICTION LINES STONEWALL NAGISTOW DISTRICT, nYDERICK COUNTY, WRGIN14 SCALE.- 1 "=100' I DATE: OCTOBER 4, 2016 GREENWAY ENGINEERING, INC. 151 Wwdy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662-4185 GREENWAY EAX, (540) 722-9528 ENGINEERING www.greenwayeng.com BO" TH of Lic. No. 1837 SUR 4 4.9466 ACRES LAND UNIT 1 SUBMITTED LAND 1.8723 ACRES LAND UNIT 2 SUBMITTED LAND 0.9877 ACRES LAND UNIT 3 SUBMITTED LAND 1.0451 ACRES LAND UNIT 4 SUBMITTED LAND 1.0415 ACRES TOTAL 4.9466 ACRES NOTES: 1. THE SUBJECT PROPERTY IS A PORTION OF THE LAND OWNED BY CB VENTURES, LLC AS RECORDED BY INSTRUMENT No. 150011639. THE PROPERTY IS IDENTIFIED AS TAX PARCEL 43—A-48A, CONTAINS 4.9466 ACRES AND IS ZONED 82. 2. THE PERIMETER BOUNDARY SHOWN HEREON IS BASED ON PLATS & DEEDS OF RECORD AND FIELD SURVEYS PERFORMED BY THIS FIRM. 3. NO TITLE REPORT FURNISHED. EASEMENTS AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN. c-� W CT) 0 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE X. AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOODPLAIN PER NF.LP. FLOOD INSURANCE RATE MAP No. 51069CO219D, EFFECTIVE DATE SEPTEMBER 2, 2009. 5. THE UTILITY LOT IS TO BE USED BY THE FREDERICK COUNTY SANITATION AUTHORITY FOR A SANITARY SEWER PUMP STATION. LINE BEARING DISTANCE L1 S BY1551" W 45.77' L2 N 06'44'09" W 33.00' L3 S BY1551" W 41.34' L4 S 3225 21 " W 31.69' L5 DELETED L6 N 32'25 21 " E 123.39, L7 N 71'19JI" E 13.04' L N 18'40 29" W 159.18' LINE BEARING DISTANCE L9 N 71'1931" E 180.33' L10 N 71'1931" E 167.29' L l l N 24'02 26" E 79.81 L 12 N 67*34 31 " W 115.26' L 13 S 22'25 29" W 26.87' L 14 N 6734 Jl " W 1 16.24' L 15 I S 64'53 31 " WJ1 79.93' I, ERNEST S. HOLZWORTH, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF WRGINIA DO HEREBY CERTIFY THAT THE INFORMATION CONTAINED ON THIS PLAT, DESIGNATED AS EXHIBIT D, " IS ACCURATE WITHIN NORMAL TOLERANCES AND COMPLIES WITH SECTION 55-79.58.A OF THE WRGINIA CONDOMINIUM ACT, AS AMENDED, AND THAT NO BUILDINGS OR THEIR ASSOCIATED IMPROVEMENTS HAVE Z:;� /D Zd/6 ERNEST S. H912WORTH, L.S. CB VENTURES LAND CONDOMINIUM EXHIBIT D �pyTH 0 D NOTES STONEWALL Al 067ERML DISTR ICr, FREDERICK COUNTY, NRGINA c3 ERNEST S. a Lic. 1837 SCALE NIA I DATE-. OCTOBER 4, 2016 GREE NWA Y ENGINE, E RING, INC. 151 Windy Hill Lane MD im Winchester, Vbginia 22602 Telephone: (540) 662-4185 S U R�'�O G RE E WAY ENGINEERING FAX (540) 722-9528 www.greenwayeng.com 2022C SHEET 4 OF 4 CONDO 16-01 -z, G CID 0-1 VIRC;INIA: Fl"c--DF.RICK COUN Y.SM. Thi,, imtrumcm wi •.;i.. gas produced to me on dgement thereto annexed ka, adn iti.,I .. i,i 1.�N unposed by Sec. 58.1.802 of 5 ,and 58.1 80l have be cn paid, if assess able 4' 'Cork • 0 i rND 1971 GREENWAY ENGINEERING 151 Wincly I-Iill Lane Winchester, VA 22602 TRANSMITTAL Project Name: CB Ventures, LLC Commercial Rezoning Application File No: 2022C Date: Wed, Jul 3, 2019 To: FC Plannma Fi-oiw Eyaii Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex U.S. Mail 0 Courier Pick Up ❑ Other ❑ Urgent Q For Your Review As You Requested 0 Please C011llllent Message Hi Candice, Please find attached the r'equii-ed illfoPmatiorl for' formal submittal of the CB Ventures, LLC Rezonilg Application. Please I'eview this information and advise rile if you heed anything else i-egardrng this Illattel'. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: �I JUG 3 2019 _I RGCL[Men. t App f-oV"al -Pa rm. PLEASE RED' W THE A 27ACHRff 130 YO CIR APPRO V,4L FL" EkSECTJAfRfir TKISD pC , T'O i7R FPRO �'.4L. �' '4_'1D PRO FIDE rRE DA TE A'D T Er TS OF PaifiaPr DaIle `-- Cknd(cc %irk D'i ve Mike 'rohn --------~ `cadved by Cleric&! Saff(D rfe & riMe): 3� trice on SkekborlFormrWacuinent Xpprovrl Form 417&016) 2 COUNTY oI' FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 28, 2019 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 02-19 FOR CB VENTURES, LLC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on NVednesday, September 11, 2019, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-19 for CB Ventures, LLC., submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The property is located on the south side of Martinsburg Pike (Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 in the Stonewall Magisterial District and is identified by Property Identification Number 43-A-48E. Any interested parties having questions or wishing to speak may do so at the public licaring. A digital 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.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 8 s _ from the Department oI Planning and Development, Frederick County, mrg.inia: 43 - A- - 48-E CB VENTURES LLC 415 W CECIL ST WINCHESTER VA 22601.3705 43 - A- - 48- KREMER PROPERTIES INC CIO SHEETZ#309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA PA 16602.1111 43 - A- - 48.0 MHLS LLC 160 INEZ LN STEPHENS CITY VA 22655.5272 43 - A- - 50-A RUM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER VA 22603.4612 43 - A- - 48-C CB VENTURES LLC 415 W CECIL ST WINCHESTER VA 22601.3705 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plain ing 1 and Development, whose name is signed to the foregoing, dated ' 2.3 / ( 7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of -Z, My commission expires onL�e:�1� NOTAI2VTff A DEETER _ 1 NOTARY PUBLIC Ud REGISTRATION It 354474 COMMONWEALIN OF VIRGINIA MY COMMISSION EXPIRES DECEMBER•31, 2021 COUNTY of'liREDERICK Department ol' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 24, 2019 TO: TI-IE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 02-19 FOR CB VENTURES, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on NNIednesday, August 7, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-19 for CB Ventures, LLC., submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the 132 (General Business) District to the 133 (hidustrial Transition) District with proffers. The property is located on the south side of Martinsburg Pike (Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 in the Stonewall Magisterial District and is identified by Property Identification Number 43-A-48E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the BOWnlan 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.fcvams. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is o certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Coun�tY b , Virginia: 43 • A• • 48•E CB VENTURES LLC 415 W CECIL ST WINCHESTER VA 22601.3705 43 • A- - 48- KREMER PROPERTIES INC CIO SHEETZ#309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA PA 16602.1111 43 - A- - 48-D MHLS LLC 160 INEZ LN STEPHENS CITY VA 22655.5272 43 - A- - 50-A ROM HOSPITALITY LLC 1601 MARTINSBURG PIKE 22603.4612 WINCHESTER VA 43 - A- - 48-C CB VENTURES LLC 415 W CECIL ST 22601.3705 WINCHESTER VA i Candice E. Perkins, A1CP, CZA Assistant Director Frederick County Planning Dcpt. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planni lg and Development, whose name is signed to the foregoing, dated 'I,--v` 1C, , has personally appeared before me and acknowledged the same in my State Ad County aforesaid. Given under my hand this day of L~ 1 U 1 1 My commission expires on NOTARY pj�4V�EETER UBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER•31,2021 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 �"- ► I q� NOTIFICATION OF PUBLIC MEE41NG July 24, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-19 FOR CB VENTURES, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public being held on Wednesday, August 7, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-19 for CB Ventures, LLC., submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located on the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 in the Stonewall Magisterial District and is identified by Property Identification Number 43-A-48E. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 TO: LANCE -DATA PROCESSING #0 FROM: PAM-PLANNING DEPT. C15 Please Print �� sets of labels by y F L �.L �- 1 Thank You! >>- y�r_ ADJOINING PROPERTY � • • - -- - owners of property adjoining the land will be notified of the adjoining property is any pnning Commission and the se of this application. Board of Supervisors meetings. For the purpose on the side or rear or any property directly property abutting the requested property or a watercourse from the requested across a public right-of-way, a private right -of --way, e . The applicant is required to obtain the follotnwan obtained from the offinformation on each ce of the joining property. property including the parcel identification number which y oor or the Commissioner of Revenue. The Commissioner of ►1 th e Revenue nt eis located on the 2nd fl Frederick County Admin►stratil'e Building, 107 No -- Address \.,mc an(l hroperh• Identification Number Name Kremer Properties C/O Sheetz 5700 6th Ave. Altoona, PA y Propem = 43—A-4 160 Inez Lane Name Tu Christina Stephens City, VA Propert} = 43-A-48D italit LLC1601 Martinsburg Pk Name RD14 Hosp y , Winchester, VA Property d 43-A-50A Name CB Ventures 415 Cecil St. Winchester, VA 22601 Property # Name Property # 415 Cecil St. 'dame CB ventures Winchester, VA 22601 Property = -- S A Name Property # Name Property # Name Property # 16 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 07/03/19 REQUESTED COMPLETION DATE: 07/19/19 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 43-A-48E DESCRIPTION OF REQUEST: Rezoning #02-19 CB Ventures, LLC B2 to B3 Thank You! Submit Map Data Source Frederick County. Va GIS Department 2019 Data V