Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-21 CRT Properties LLC RA-B2 , B2-B2 PINS 53-A-73, 74, 75, 76, 77 - Gainesboro - Backfile
6 r REZONING TRACKING SHEET Phonlr Y lef• Application Form ✓ Fee & Sign Deposit Proffer Statement ,/ Deed impact Analysis ,/ Plat/Survey 7 Adjoiner List Taxes Paid Statement / 5-1q-a File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) n n Lo Planning Commission Meeting ACTION: % � q 0 L�U mil/ 7 4� Board of Supervisors Meeting ACTION:�2�� V 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 `I I l (0 � :) I D-base updated �6. O'Al Scanning updated �3 al Application Action Summary updated 7191 IX File given to Mapping to update zoning map 71af ,a t Zoning map amended Sys ID # ACCOUNT HOW PAID BEGINNING {-t BALANCE CHECK ` 2 1'AtpUN7 BALANCE MONEY DUE ORDER BY � REZONING APPLICATION #03-21 CRT Properties LLC Staff Report for the Board of Supervisors Prepared: June 30, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/16/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised prolTers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone five parcels of land from the RA and B2 Zoning Districts to the B2 District with proffers. Four of the subject parcels were rezoned to the B2 District with Rezoning #08-08 I'or Botanical Square; this proposal would rezone parcel 53-A-73 to the B2 District and bring all five parcels under one proffer statement. The site is located within the limits of the Rowed Hill Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area (SWSA). The requested B2 "Zoning for parcel 53-A-73 and the current existing B2 zoning of parcels 53-A-74, 53-A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The transportation and corridor enhancement proffers associated with this rezoning are also consistent with the Comprehensive Plan. The Planning Commission (li(Inot Hentif l free) concerns With the request and recommenlled approval of the application at their June 16, 2021 meeting. The impacts associated with this requested rezoning appear to be addressed by the scope of the proffer statement; there appears to be no additional impacts that are anticipated to Frederick County or the surrounding properties. 1`ollowin. the required public hearing, a decision reganting this rezoning, application bN the Board of Supervisors Would be appropriate. The Applicant should be prepared to adequately address all concerns raised bh the Board of Supervisors. Rezoning 1103-21 CRT Properties, LLC. June 30. 2021 Page 2 This report is prepared b , the Frederick Count, Planning Staff to provide information to the Planning Commission and the Board of Supervisors to aSS1St them in making a decision oil this appilC(lt1011. It nll!), also he !lSeflll to others interested in this zoning matter. Unresolved !Ss/les concerning this application are noted l)), Staff where relevant throughout this Stllff report. Reviewed Action Planning Commission: 06/16/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 1 18 Echo Lane, Winchester MAGISTERIAL DISTRICT: Gainesboro PROPERTY II) NUMBERS: 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77 PROPERTY ZONING: RA (Rural Areas) and B2 (General Business) Districts PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (General Business) East: B2 (General Business) Use: Residential Use: Vacant Commercial Use: Commercial West: B2 (General Business) Use: Commercial Rezoning #03-21 CRT Properties. L1-C. Jule 30, 2021 Page 3 REVIEW EVALUATIONS: Virp,inia Dept. of Transportation: The dOCLlnlentation within the application to rezone this property appears to have little measurable impact on Route 50. ThiS route is the VDOT roaclway, which has been considered as the access to the property. VDOT is satisficcl that the transportation profilers offered in the CRT Properties rezoning application dated August 25, 2020, address transportation concerns associated with this request. Before development, this office will regUlre a complete Set OI C011SIRICt1011 plans detailing entrance designs, drainage icatures and traflic flow data Ibr review. VDOT reserves the right to comment on all right -Of -way ]feeds. ilICILICIIng right-ol-way dedications, traflic signalization, and off' - site roadway improvements and drainage. Any work performed on the State's right-ol=way must be covered under a land use permit. Frederick -Winchester Health Department: This office has no objections to the zoning requested. The existing septic system & cistern must be properly abancloned/demolished per VDI-I guidelines prior to business Commercial development. Frederick -Winchester Service Authority: FWSA elder to Frederick Water. Frederick Water: Water and Sewer facilities are available in the vicinity ol'thc site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered On water and sanitary sewer treatment and conveyance available capacities. TI1c property owner/clevelopci. Is responsible for extending water and sewer facilities to/onto the site. Freclerielc County Department of Public Woi•ks: A eonlpreherlsive review shall be perl'ornled at the time of site plan submission. Frederick County Fire Marshall: Plan approved. Frederick County Park & Recreation: Parks and Recreation recommends a sidewalk along the west side ol'Botanical Blvd. to connect development to the 10' trail along Northwestern Pike (Route 50). PlaIIninp, & ZoniI y 1) Site History The original Frederick County "Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The COunty'S agI'ICLIltUral zoning districts were combined to form the RA (Rural Areas) District upon adoption ol'an amendment to the Frederick County "Zoning Ordinance On May 10, 1989. The corresponding revision of' the zoning map resulted in the re -mapping ol'the subject properties to the RA District. Parcels 53- A-74, 53-A-75, 53-A-76, and 53-A-77 were rezoned from the RA District to the B2 (General Business) District with proffers with the approval 0f Rezoni ng 1108-08 for Botanical Square. Rezoning 403-21 CRT Properties, LLC. June 30. 2021 Page 4 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an Official public C10CL1111CI1t that serves as the COnll»unity's olllde lot' mating cleclslons 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 Olpolicics used to guicle the suture development of Frederick Count)'. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be 111Stl'LlillClltal to the ILlUll-C plalllllllg CIIONS Of the COLlilt)'. Comorehensive PIul7 The Round Hill Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development ofthe property. The Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area. The requested B2 zoning Ior parcel 53-A-73 and the existing B2 zoning of parcels 53-A-74, 53- A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The Plan also outlines a number of design principles that are encouraged Ior the Route 50 Corridor. A 50' landscaped buffer area with a 10' trail is identified along Route 50, building placement closer to Route 50 and architectural standards are also encouraged. With this proposal, the owner has proffered to provide the landscaped bUlTer and I W asphalt trail along Route 50. proffers pertaining to architectLiral standards and parking limitations between buildings and Route 50 are also provided. The corridor enhancement components of' this rezoning are consistent with the goals Of the Colllpi'Cllellsive Plan. The transportation network: of the ROL111d I -Jill Land Use Plan encourages consolidated entrances, interparcel connections, and connections to Route 50 at signalized entrances. The subject rezoning prohibits direct access to ROLItc 50; access will only be provided via Botanical Boulevard which has a signalized intersection with Route 50. The transportation component of this rezoning is consistent with the goals of the Comprehensive Plan. 3) Proffer Statement — Dated December 7, 2020: Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as "CRT Properties, LLC Exhibit I", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". Rezoning 403-21 CRT Properties, LLC. Jule 30, 2021 Page 5 Route 50 Right of Way Improvements The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation. to Route 50 in Support of the proposed development. The improvements will be designed and SLlbmitted Im approval to the Virginia Department Of Transportation and Frederick County Planning CILll'Ing the site plan review process. Improvements to Botanical Boulevard and Traffic Signalization The owner will make the necessary road frontage improvements 1nCiLiClilIg pedestrian facilities, as required by Virginia Departillent OI Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department Of fl'ansportation and Frederick County during the site plan review process. In anticipation of the warrant For a traflic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant For the cost ol'the design and installation of the traffic signalization at the intersection Of Botanical BOulevard and tie site entrance when warranted by VDOT. The agreement will be exCCLItCCI 1)l'101' to the receipt Of the Hirst building i)ernlit issued for the site. subsequent to the approval ol'this rezoning. In the event that traffic signalization is not warranted by VDO"I and no signalization agreement Is C\CCLItCCI, the owner agrees to pay $150,000.00 IOl' ILltul'C transportation improvements wlthlll the ROLite 50 and Botanical Boulevard rights-ol=way. "phis sum will be paid to the Treasurer of Frederick County prior to the occupancy Ofany structure On the property excluding, however, OCCLlpancy Of the existing structures on the property which are currently occupied for residential use. 1\Ionetary Contributions to Frederick Count), Service Or galli'Llltiolls The owner will donate or will cause to be paid to the Treasurer Of Frederick County for Fire and Rescue services the sum of'$5,000.00 for impacts to fire and rescue services. This suns will be paid upon receipt of the first building permit issued for the Site, Subsequent to the approval of this rezoning. Route 50 Buffer The owner agrees to construct a ten (10) IOot wide pedestrian trail running parallel with Route 50 within a fifty (50) Foot wide bufTer running Concurrently with the ROLIte 50 right-ol=way. The trail will be paved with an all-weather surface acceptable to the Frederick County Department of' Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means Of access, and utility riser structures. The trail will be owned and illaintained by the property owner(s). The bufTer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (1111111111L1III 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount ol'existing vegetation, or a combination thereof. n landscape/bufTer plan will be submitted along with the Gist site plan for the site or any portion thercol'. The trail and buffer will be completed prior to the occupancy of any Stl'L1CtL11'e 011 the 1)1'0I)C1'ty CxCluding, 11OWCVe1•, occupancy of the existing Stl'LlCtlll'CS 011 the property which are CLllTClltly OCCLII)1Cd for residential LISC. Rezoning 903-21 CRT Properties, LLC. Rune 30. 2021 Page 6 Building Design The proposed bUiklillgS Shall be COilStI-UCtCCl Using Colllpatible al'CIlitCCtLi1'al Style and materials. Design elements shall be compatible with Igredericl< County and will respect the continuity and character of' the existing architectural fabric OI the SUITOLUIC11ng community. The principal facade in addition to ally Iagadc Lacing Route 50 and Botanical BoUlevard shall be limited to one or a combination ofthe following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Location of Parking The owner agrees that the development Of the site will include no more than one (1) row of parking and one access aisle between any bUildi lg and the Route 50 front yard ofthe property. This will be shown on the site plan as part ol'the development requirements. MaximuIll Floor Area The owner agrees to limit the gross commercial floor area that will be built Oil the 4.9 acres to 36,000 square Feet. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21 MEETING: Staff provided an overview ofthe application to the Planning Commission. MI'. Rohn Lewis of Painter - Lewis P.L.C., representing the Applicant came forward and provided a brief overview ofthe proposal. Mr. Lewis stated that when the Botanical Square rezoning was processed, there was one property still being utilized for residential purposes and at the time that owner did not want to be included in the rezoning. The subject property, Mr. Lewis stated, is no longer utilized for residential purposes and this proposal is seeking to include all parcels under one rezoning application. There Nvere no public comments dLti']ng the J)Ublic hearing and the Planning Commission recommended approval oI' RC7 #03-21 CRT Properties, LLC. (Note: Commissioner Kozel was absent from the meeting) Folloivirri they required public hearing, a decision regardinf., this rezoningr application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised bh the Board of Supervisors. REZ # 03 - 21: CRT Properties LLC PINS:53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 Rezoning from RA to B2 and B2 to B2 Zoning Map SOt WAIMARiOR Zoe CROCK WELLS MILL Yr 0 �GF�aucr. Parcels Sewer and Water Service Area B2 (General Business District) 220 CROCK WELLS MIL! REZ =03-2 b 41W 0 �� I998 NORTHWESTERN IIKE S01 WALMART DR f � REZ s,03-21 SJ A 73 T71 I I 80TANKA L _ BLVD SJ A 71 I NORTI 2051 81rJENO 400 Feel M,4 RRZO DR ,, r/ 50 37 rinla ROUND POLL RD / c lincch 37 J ati W W TM'r t S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 MOD Created: May 20. 2021 Application Parcels Sewer and Water Service Area Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 400 Feet Map Created: Mov 20. 2021 REZ # 03 - 21: CRT Properties LLC PINS:53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 Rezoning from RA to B2 and B2 to B2 Long Range Land Use Map SOI WALMART DR :, IygZMgRTDR or � C.m Cj6: mac,,° i s08 CROCK WELLS MIU u fim Q Application Parcels Sewer and Water Service Area Long Range Land Use Bus ness O' REZ #03'24 �JGIm REZ u03-21 M60 SOI WALMARi DR REZ #03-21 C9693 REZ #03-21 maw V EZ #03-21 mlJf�l � U� 2 400 Feet t998 NORTHWESTERN LIKE Tt4 80TANKAL 8LV0 MARR/O7r, DR 17 ptlw RO win i 3 t� `17 � �$ W E W S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 Mao Created: Mav 20, 2021 CRT Properties LLC 424 West Cecil Street Wirtichester, VA 221601 Nancy R. Johnson 2054 Northeastern Pike Winchester, VA 221603 Property: 0.75 acres PARCEL ID: 53-A-73 And Proffer Revision to Rezoning #08-08 PARCEL IDs: 53-A-77,53-A-76,53-A-75,53-A-74 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007006 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 0.75 acres, Parcel #53-A-73 frorn RA to B2, and the revisions proposed to the Proffers associated with Rezoning #08-08, the development of these parcels will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be, binding on the property owners and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owners agree to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as "CRT Properties, LLC Exhibit I", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The owners will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The owners will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the owners will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by 1 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 VDOT and no signalization agreement is executed, the owners agree to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 4.) Monetary Contribution to Frederick County Service Organizations The owners will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sure of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The owners agree to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right- of-way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, rneans of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the owners will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any facade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owners agree that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The owners agree to limit the gross commercial floor area that will be built on the 4.90 acres to 36,000 square feet. 2 PROFFER STATEMENT PARCEL I 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 Submitted By: Nancy R. Johnson Nancy R. JohInson Date: 4- a'�- aO3- I STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this"' day of by N a n c R. Johnson. My commission expires o l,L 31 • ��� Notary Public DF.r•!IL. THOMAS NOTARY PUBLIC Rec)iSill a.i. 'l0 13fi0 �8 �, ;omnus;ion `max; f•...;ust 31. 2023 120 0 120 p1111 p �I Scale in Feet p pll � s /g Z R p sI ��0 I , m w Z a / wEn 0 � a p V-01 _ oxx SOU PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: cNA 817 Cedar Creek Grade, Suite 120 GENERALIZED DEVELOPMENT PLAN DRAWN BY. JOB NO.: Winchester, Virginia 22601 CRT PROPERTIES LLC Q-L 2007006 Telephone (540)662-5792 EXHIBIT 1 SCALE. DATE: Facsimile (54o)ss2-5793 FREDERICK COUNTY. VA. SHOWN 12/07/20 CONSULTING SHE: GDP ENGINEERS Email office0pointeriewis.com AMENDMENT Action: PLANNING COMMISSION: October 1, 2008 - Recommended Approval BOARD OF SUPERVISORS: October 22, 2008 ID APPROVED Q DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 408-08 OF BOTANICAL SQUARE WHEREAS, Rezoning #08-08 of Botanical Square, submitted by Painter -Lewis, PLC, to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 7, 2008 and final revision dated October 9, 2008 for Commercial Use, was considered. The properties are located on Route 50 West, at the northeast corner of the Route 50 and Botancal Drive intersection, approximately 1/4mile west of Route 37, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A76 and 53-A-77. WHEREAS, the Planning Commission held apublic hearing on this rezoning on October 1, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best viterest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes tl33-08 This ordinance shall be in effect on the date of adoption. Passed this 22°d day of October, 2008 by the following recorded vote: Richard C. Shickle, Chainnan Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. Del -laves, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST To141 crick County Administrator Pr��C PDRes. 1133-08 BOTIAVANCAL SQUARE ©RVIN DESIG/RUILD7 INC. Bouts 50 West Proffer Statement Rezoning ##: Property: 4.15 acres PARCEL ID's: 53-A-74 Recorded Owner: Carolyn R. Turner PARCEL ID's: 53-A-75, 53-A--76, 53-A-77 Recorded Owner: Robert B. and Nancy R. Johnson Applicant: Omni Design/Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 Project Name: Original Date of Proffers: Revision Date(s): Botanical Square Route 50 West February 7, 2008 July 1, 2008 September 20, 2008 October 9, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0612010 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#s 53- A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject property (the site) shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owners and their legal successors or assigns. For the purposes of these proffers, the property includes all or any portion of parcels TM#s 53-A-74, 53-A-75, 53-A-76, and 53-A-77. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01/08, identified as "Botanical Square/Route 50 West", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed, the applicant agrees to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the `J property which are currently occupied for residential use. page 2 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the surn of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of- way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any fagade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. page 3 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 r. ..... 1: r% Carolyn R. urner 'Ejit/County of �Ajj h����u I �=i� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I day of 0C-A- 1200 8 Not ry Public I O 31 I ) My commission expires: page 5 PROFFER STATEMENT . PARCEL ID PARCEL ID's: 53-A-74, 53-A.-75, 53-A-76, 53-A-77 - Submitted By: Nancy R. -1 hnson City/County of \N\-��--S-r �r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this ID day of 200 8 Qary Public b My commission expires: %f page 4 ! 60' 0' 60' --10' ASPHALT ! ! BICYCLE TRAIL - Scale 1 " = 60 ft ,? d 11. i ll ! I 11 I �l I' I} ACCESS SHALL BE 1` N 1', ! m I O MAINTAINED TO THE EXISTING RESIDENCE t l� 11 1 w o wLji N j m U —A 5 ' U hj1 / 1 0 1 N N 11 1ii PIN 53 A-73 ,., A u, 1 ZONLrD. R4 II " 1 So t II 1 OIZI 1' PROP. SITE ENTRANCE Q ■ J O N N w (D 0-) Un N 1 Lo ® NLo N D .� (D �� " t C� _ O �) v —y ` N > L L C N . E ` L c- Q N WD N (J n, D zr L 00 CDI Z J I URE - - - - - - - - - - :I ;y NALIZED _ U) : 1 3 -RSECTION „• oil I Z 0o i EXISTING _ = G, Y o M SURVEY SIGNALIZED �® /�i�====_______ na INTERSECTION 7' /r f DRAWN BY: SS- 1 SCALE: 1 "= 60.0' Drawing C.I. N/ JOB NO. 061201( DATE 7/01 /Of • li I' 10' ASPHALT I+ I BICYCLE TRAIL I� \ I; \ i i• li �� i I 13 1 !I it 1 it i h t �i ly o ,I It l4 N 1'1 1 rn t I imi I� I O � 1 1 11 19 11 �, � 1 t O Is 1 WITHIN BUFFER: 11 ;� V3 1� 1 SHADE TREE/40 LINEAR FEET 1 ORNAMENTAL SHRUB 5 LINEAR FEET and/or PRESERVATION OF EXISTING VEGETATION CD I 11 o it i 'I� �1 N ? 1► 35' BRL — — — I� ------------------------ ` BOTANICAL BOULEVARI EXISTING SIGNALIZED------------------------------------------- INTERSECTION— i / 1 �-mot 1 zc IMPACT ANALYSIS STATEMENT . CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painteriewis.com Job Number: 2007026 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS i. INTRODUCTION - _-------- -_ --_ -- 3 A. SITE SUITABILITY 3 l B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 7 K. REZONING #08-08 PROFFERS _ _ _ 7 page 2 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard L INTRODUCTION CRT Properties LLC (the owner) proposes to rezone one parcel of land located at 194 Echo Lane in Frederick County, Virginia. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by the Tax Map Number 53-((A))-73. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The total area of the request is approximately 0.75 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site, for commercial purposes. This parcel lies adjacent to another property owned by CRT Properties LLC identified by the Tax Map Number 53-((A))-74. The property was the subject of a 2008 rezoning #08- 08 which included Tax Map Numbers 53-((A))-75, 53-((A))-76, and 53-((A))-77. These four properties are bound together by common proffers associated with the 2008 rezoning. These proffers include making improvements to the road infrastructure of Route 50 and Botanical Boulevard, the construction of pedestrian facilities, the location of access from Botanical Boulevard, limits on new building floor area, contributions to Fire and Rescue service organizations, and parking lot location. It is the intent of the owner to bind this 0.75 acres to the proffers associated with the four parcels which were the subject of Rezoning #08-08. A. SITE SUITABILITY The Frederick County Comprehensive Plan shows that the area containing the site is within the Round Hill Community Land Use Plan area. Commercial and medical use development is identified along Route 37 and Route 50. Immediately to the west of the site is land which was rezoned to B2 in 2003 under the name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access roads have been constructed along with several smaller, commercial projects. Significant improvements to Route 50 and the Route 37 access ramps have occurred in association with these two rezoning and development projects. Botanical Boulevard, a future major collector road, has been constructed parallel to the eastern boundary of the site. Botanical Boulevard is a public roadway. The right of way is separated from the site by a 40' wide strip of land owned by Winchester Medical Center, LLC. The applicant is in negotiations with Winchester Medical Center for permission to access the site from Botanical Boulevard. Sound planning policy will limit the number of points of access along Route 50 due to the high volume of traffic and number of lanes. The applicant intends to develop the site using Botanical Boulevard as the main point of access in coordination with the other parcels mentioned above as the subjects of the 2008 rezoning. Along with the development of this parcel, the owner will agree to abide by the proffers which were submitted and approved with the 2008 rezoning. A revised Proffer page 3 100 0 100 A& w Scale in Feet , EX. 20' FCSA WATER & SANITARY / SEWER EASEMENT WAL-MART REAL ESTATE BUSINESS TRUST , ZONED: -D / WINCHESTER MEDICAL CENTER INC ZONED: B2 / /� _ USE: COMMERCIAL , f/j/ J,%/- ZONED: B2MS USE: COMMERCIAL WATER & SANITARY \ \ T PROPERTIES j I SEWER / SEWER TM53-A-73 EASEMENT PRIMAX PROPERTIES LLC ZONED: RA TM52-A-M US RESID I ZONED: 62 /� .•� USE: VACANT PRIVATE STOR DRAIN 1 EASEMENT BOTANICAL ASC REAL ESTATE LLC CRT PROPERTIES LLC .J TM53-A-68E TM53-A-74 ZONED: B2MS h� ZONED: 82 / USE: VACANT USE: RESIDENTIAL l , \ EX. 20' / PRIVATE STORMDRAIN -� \ \ EASEMENT I NANCY RENNER JOHNSON I / TM53-A-75 ZONED: B2 USE: RESIDENTIAL I I PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: NA 817 Cedar Creek Grade, Suite 120 EXHIBIT 1 DRAWN BY: JOB NO.: Winchester, Virginia 22601 PARCEL LOCATION P—L 2007006 Telephone (540)662-5792 CRT PROPERTIES LLC SCALE: DATE: p FREDERICK COUNTY, VA. SHOWN 8/25/20 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®painterlewis.com I I EXHIBIT 1 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard Statement and Generalized Development Plan are shown in Section 8 of this application. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property is gently sloping from the northern side of the site in a southeasterly direction. There are no steep slopes on this site as defined by the Frederick County Zoning Ordinance. MATURE WOODLANDS There are no mature woodlands located on this site. Existing vegetation is of the type that is typically associated with residential development in rural areas. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%). These soils are part of the Frederick- Poplimento-Oaklet association which are gently sloping to very steep, very deep, well - drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, and SC. B. SURROUNDING PROPERTIES The parcel to be rezoned is currently bordered to the south by another parcel owned by CRT Properties LLC. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2. The subject parcel is bordered on the east by TM# 53-A-68 which is owned by the Winchester Medical Center and beyond that is the Botanical Boulevard right of way. The parcel with the TM# 53-A-68 is also to the north of the parcel to be rezoned. Surrounding properties are shown on Exhibit 1. Tax Map No. Owner Ex. Zoning_Ex. Use 53-A-74 CRT PROPERTIES LLC B2 Residential 52-A-D WAL-MART REAL ESTATE BUSINESS TRUST B2 Commercial 52-A-M PRIMAX PROPERTIES LLC B3 Vacant 53-A-68 WINCHESTER MEDICAL CENTER INC B21VIS Vacant Access to the subject parcel is currently via Echo Lane. Echo Lane is a private access road which intersects Route 50. Once this property is developed in conjunction with the other four properties which were the subject of Rezoning #08-08, the Echo Lane access page 4 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard will no longer be used. The Echo Lane right of way is shown on Exhibit 2, "Parcel Metes and Bounds" on the following page. C. TRAFFIC Since this parcel will be subject to the development restrictions identified in the proffers associated with Rezoning #08-08, no additional traffic will be generated as a result of this rezoning. D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is generally sloping from the north to the south-southeast. Surface water crosses the site and collects along the south bound lane of Botanical Boulevard on the eastern portion of the site. The existing stormwater system in the Botanical Boulevard right of way conveys runoff to the east along the Route 50 right-of-way, under Route 37, and eventually discharges to Abrams Creek. Any development on this site can be expected to increase storm water runoff. Storm water management facilities will be constructed as required as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. The storm water detention facility which was constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. The drainage system on the Valley Health property located to the east of the site was designed to intercept and channel stormwater flows across their property and under Route 50. Drainage patterns and topographic information is contained on Exhibit 3 on the following page. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located on Route 522 north of the site near its intersection with Indian Hollow Road approximately 2 miles north of the subject page 5 60 0 60 Scale in Feet / EX. 20' FCSA / WATER & SANITARY SEWER EASEMENT INSTR. WAL— MART / ! #080006461 REAL ESTATE WINCHESTER TM52—A—D / MEDICAL CENTE ZONED: B2 TM53—A-68 USE: RETAIL s INSTR. #08000 4 \ � 038 E Q / 6 a / / m� _3 CRT PROPERTIES LLC / S / CO TM53—A-73 � / ZONED: RA Lk / / p USE: RESIDENTIAL t / 0.75 ACRES / I 0 7 EX. 20' FCSA WATER SAN TAR& SEWER / EASEMENT / 4SS INSTR. #080006461 / EX_ 20' PRIVATE / STORM DRAIN EASEMENT / / I / INSTR. #080006461 / 11 PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: OTHERS C.I.: NA 817 Cedar Creek Grade, Suite 120 EXHIBIT 2 PARCEL METES do BOUNDS DRAWN BY: JOB NO.: P-L 20D7006 Winchester, Virginia 22601 CRT PROPERTIES LLC Telephone (540)662-5792 FREDERICK COUNTY' VA.CONSULTING SCAN a/2DA o Facsimile (540)662-5793 sHEEr: ENGINEERS Email office®pointerlewis.com EXHIBrr 2 \ 0 200 j ) .,Scale in Feet / ,r s •� 73 J 8 ' r 74 75 m 76 77 �. •� 2 .,] c � . =� 6 s / L�25.2 � 5.4 / \d 1 8U8,8 v 2 1 1 00 7 26 11 1 PROJECT: SURVEY: c.i.: PAINTER-LEWIS, P.L.C. OTHERS NA 817 Cedar Creek Grade, Suite 120 EXHIBIT' 3 DRAWN BY: JOB NO.: Winchester, Virginia 22601 CRT PROPERTIES LLC P-L 2007006 Telephone (540)662-5792 FREDERICK COUNTY, VA. SDATE: SHOWN 6/25/20 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®painterlewis.com EXHIBR 3 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $750 in tipping fees will be paid to dispose of 15 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are nine identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and the Folk Victorian Farmhouse have apparently been razed. The location and proximity to the subject parcel can be seen in Exhibit 4 on the following page. The subject property is not located in an area considered to be a historic Civil War battlefield region by the NIPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been included following Exhibit 4. Nevertheless, this general area was peripherally involved in at least the Second Battle of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort Milroy. It was from the high view of Bowers Hill that the Confederate generals, including Ewell and Early, made their plans to attack the Union forces. The plan involved swinging infantry to the south of the subject property to a position west of Fort Milroy. The gently rolling land just north of the subject property provided the path for the Confederate forces to attack Fort Milroy. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. page 6 Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carysbrook Redoubt 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites Civil War Battlefields Tanneryo 00.51 2 3 4 5 6 1 L. 1 I I I I Miles Civil War Battlefields & Sites Reynolds " Store (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Cross Junction e0--� GainesboroA 11 \ Shawneeland 0 Clear Brook 0 Stephenson 3 6 2035 Comprehensive Plan Adopted January 25, 2017 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire 'Company located on Northwestern Grade in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning and subsequent development, the boundary line between TM#53-A-73 and TM#53-A-74 will be vacated. This consolidation will likely occur with development. K. REZONING #08-08 PROFFERS It is the intent of the owner to comply with the proffers associated with Rezoning #08-08. These proffers are currently on file with the Frederick County Department of Planning and Zoning. page 7 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 -Wine Service Authority Attn: Executive Director 9 W. Piccadilly 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: Painter -Lewis. PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Sulte 120 Winchester, VA 22601 Location of property: 194 Echo Lana Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Acreage: 0.76 Fred -Wine Service Authority's Comments: Fred -Wine Service Authori 's --x Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 v v r .ay — VJ %td J IV Rezoning Comments Frederick -Winchester Health Department Mail to, Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester. Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia 'Applicant: Please fill out the infornation as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Sufte 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Telephone: 540-662-5702 Zoning requested: B2 Acreage: Frederick -Winchester Health Department's Comments: To -7A7r �'t+Ni•JCG��� T?iE t?��SrirlG SFp7,� sy$ rF r. .d- eJS O Ve tJ MSS% i CC.�1mcQe,AL I UFl-r, Health Dept. Signature & Date: Notice to Health Department - Please Return This Form to the Applicant 27 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Telephone: 540-662-5792 Acreage: 0.75 Frederick Water Comments: Water an Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no continent is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Notice to Frederick Water - Please Return This Form to the Applicant Frederick Water Signature & Date: JlLS/LULU 26 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2"d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. — Applicant's Name: Painter -Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Sulto 120 Wlnchoster, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 _ Acreage: 0.75 Department of Parks & Recreation Comments: '�a��ad ��rre►,�_r_�Cccner►va112 _�>de a lot" J—�Lt�Q Pks. & Rec. Signature & Date: Notice to Department of Par e�IAIL:,AIQ Recreation - Please Return This Form to the Applicant 24 RECEIVED 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 (S40) 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. Applicants Name: Painter -Lewis. PLC _ Mailing Address: 817 Cedar Crook Grade suite 120 Location of property: 194 Echo Lane Telephone: 540-662-57 92 Winchester, VA 22602 -- _ Current zoning: RA _ Zoning requested: 82__ _-_ Acreage: 0.75 Department of Public Works Comments: f }- ca ►s, p rt �Gyl S �t �'`� ✓t fc✓ $ �. � f s� � t ✓'�� �'"'',/_�� - � Public Works Signature & Date: _ —_ --- — Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments 'iiM1iFr.iY��-.ssi._. ...� �3ihh:e�v..x+w:.Y=w3. _�•--3�T— 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: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Telephone: 54 0-662-5792 Zoning requested: B2 Acreage: 0.75 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have little measurable impact on Route 50 Thic ro rtP it tha VM)T rn dv y, wbirh hoc hPan rnntidprPrl ^t tha arras to the ern ar Vn0j is catkfiPri that the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off site roadWUTMTPTU9n h"e--,�agiitT y e covere un era an WdrAignature & Date: o Notice to VDOT - Please Return Form to Applicant 21 Zsw-1 �' Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 617 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Curfent zoning: RA Fire Marshal's Comments: Fire Marshal's Signature & Date: Telephone: 540-662-5792 Zoning requested: B2 Acreage: 0•75 Notice to Fire Marshal - Please Return This Form to the Applicant RI%CEIVB i.) 23 SAP 112020 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-666-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name CRT Properties LLC 194 Echo Ln Winchester, Virginia 22602 Phone: 540-247-1619 Engineering Firm : Printed Date: 09/14/2020 Painter -Lewis PLC Received Date: 09/11/2020 Review Begin Date: 09/14/2020 Review End Date: 09/14/2020 Hours: 0.5000 Adam Hounshell Lieutenant/Assistant Fire Marshal Occupancy Type: Property Use: Activity Number: 109BJ038 Page 1 of 1 To be completed by Planning Staff: Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: CRT Properties LLC Specific Contact Person if Other than Above: Carolyn Turner Address 424 West Cecil Street Winchester, VA 22601 Telephone: 540-247-1619 Name: Nancy R. Johnson Specific Contact Person if Other than Above: Email: 9athrockmorton@aol.com Address: 2054 Northwestern Pike Winchester, VA 22603 Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name Painter -Lewis, PLC Specific Contact Person at Firm: John Lewis Address: 817 Cedar Cedar Creek Grade Suite 120 Telephone: 540-662-5792 Email: Jclewis@painterlewis.com Please note that, if a law fine, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): CRT Properties LLC 5. Property Information: a. Property Identification Number(s): 53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 b. Total acreage of the parcel(s): 0.75, 1.25, 1.0, 1.0, 0.84 c. Total acreage of parce](s) to be rezoned (if other than whole parce](s) is being rezoned): 75 d. Current zoning designation(s) and acreage(s) in each designation: RA -Rural Areas Deistrict e. Proposed zoning designation(s) and acreage(s) in each designation: B2-General Business District f. Magisterial District(s): Gainesboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 194 Echo Lane 118 Echo Lane h. Adjoining Properties: Parcel ID Number Use Zoning 53-A-74 residential B2 52-A-D commercial B2 52-A-M vacant 132 53-A-68 vacant 132MS Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6, Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: �✓ Location Map ✓0 Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement 2✓ Proffer Statement (if any) 0 Agency Comments []✓ Fee ❑✓ Copies of Deed(s) to Property(ies) Q Tax Payment Verification R1 Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L(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. Owner: Date/* i�Z)o Owner: If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L(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. Owner: —NERMTMEDate `E a 9 -a 0a i If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Rez. #03-21 CRT Properties LLC PINS 53-A-73, 53-A-74 53-A-75, 53-A-76, 53-A-77 AIDJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Wal-Mart Real Estate Business Trust P.O. Box 8050 Bentonville AR 72712 Property # 52-A-D Name Primax Properties LLC Attn: Adam F. Sellner 1100 E. Morehead St Charlotte, NC 28204 Property# 52-A-M Name Winchester Medical Center P.O. Box 2280 Winchester, VA 22604 Property # 5 3 -A-6 8 Name First Bank c/o Accounting Dept. 1835 Valley Ave Winchester, VA 22601 Property # 52-A-L Name Winchester Medical. Center P.O. Box 2280 Winchester, VA 22604 Property # 53-A-68B Name Spring Arbor of Winchester LTD 800 Hethwood Blvd Blackburg, VA 24060 Property #53-A-82 NameThe Marathon Bank c/o United Bank Attn: Angie Boar 514 Market St. Parkersburg, WV 26101 Property # 53B-3-5 Name Property # Name Property It Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Nancv R.Johnson Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 118 Echo Lane Winchester, VA 22603 540.665-8982 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, ,Virginia, identified by following property identification numbers: 53-A-75 53-A-76 53-A-77 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attomey-In-Fact 817 Cedar Creek Grade Sulte 120 540-662-5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behafg of an entilw State of V 1 rC, l n t0 , -'County/City of 03 1 6A COA b)-2J , To wit: I, )-e n 1 -Mg r n as , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the antebefore me in the jurisdiction aforesaid this g1017 day of �p r' 220') 1.1 _ My Commission Expii' S .:�1 � 1 Notary Public Registration Number: 1, DENISE L. THOMAS NOTARY PUBLIC Commonwealth of Virginia r�z-�stfa+tea-nlo_- My Commission Expires August 31, 2023 C0G Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us , 4 If 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: CRT Properties LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or area pplicants, an executed power of attorney from each owner will be needed. 424 W. Cecil Street Winchester, VA 22601 540-247.1619 Telephone Number Mailing Address of Property Owner/Applicant as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-73. 53-A-74 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attorney -In -Fact 817 Cedar Creek Grade Suite 120 Mailing Address of Attorney -In -Fact 540.662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: Q Rezoning Subdivision Conditional Use Permit Site Plan H Master Development Plan (prelim. or final) Variance or Zoning Appeal ave the authority to offer proffered conditions and to make and, further, my attorney -in -fact shall h amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing�onbeh�ofnentity) State of V 1 1 1 a �r r, �_errgounty/City of To wit: C. I, ter j (, t •;;; I �l' Public in and for the jurisdiction aforesaid, certify that the person who sig ied the f&egoWnstruM '11,personally appeared before me and has acknowledged the same befo miyf t % llristiietioYt<TifordA�id thi3 : `'Q day ofV L OH3�n=20W COWOISSION ( / = C) : NUMBER = (aJ0 Zt� r'�? : My Commission Expires: Notary P b i 's' • -•�Q ;' Registration Number: "1 �✓ 1 5� 5 3 ���•.,�tF�1LTf i �F •` 190010052 Pursuant to §17.1-223 (B), oj'the Code of Virginia, the existence o,% title insurance is unknown to the prep rer of this instrument. Prepared by Michael Hirsh, - Virginia Bar Number: 36569 Return to: Old Towne Title Co,, 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100,00 THIS DEED, made this aLfta_y of q.'awdtr , 20�_, by and between JANICE PAIGE L' LEWELLYN and SIAA ANN DEHAVEN, Heirs to the Estate of ELVA E, HUFFMAN, deceased, (hereinafter, "Grantor") and CRT PROPERTIES,'-uNrginia Limited LiabIl�t� nh ilcr, �� .r tilinga`�(� ess `is: . WITNESSETH: That for and in consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nances thereto belonging, situated in Frederick County, Virginia, about two miles Northwest from Winchester on the East side of the Lane running from the Noithwestem Grade to the Charles Lupton farm, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker McC. Bond, S.F. C. August 3, 1942, and recorded with a deed rec- orded in DB 185 at Page 568. 0-,a1hC5bdoeo It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page o 568. —• The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and N Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H. Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last •Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F. Huffman and Elva Huffman. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva E; Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court -of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. This conveyance is made subject to all easements, and building or use restrictions of record, including, but not limited to, those for public roads and highways, •restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to all applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seal; 01 111,11UNN ., s UAF (seal) MYURSHA ANN DEHAVEN STATE OF V CITY/COUNTY OF i to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby' certify that AMC AIGE LLEWELLYN h s ersonally ne he sa a of me in ils City/Co to aforesaid., on this day of , 2 . Notary P lic Print Na Registrati Number: My Com ission Expires: Eimp 5acen blk 342 .o STATE OF A-- CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that MARSH NN DEHAVEN has personally si t e in the City/Countygd S e aforesaid, on this Msam bef m May of 20P Notary P 1 " Print Nam Registratio umber: _ My Commt , on Expires: 01 m 1•r ..��✓.rr✓.�✓vri� rrr.�rrrr✓✓r.. VIRGINIA: FREDERICK COUNTY.SCT, This Instrument of writing was produced to me on i at • � 3 Q11r` and with cerdtfcate acknowledgement thereto annexed was admitted tp record. Tax imposed by Sec. 58.1.802• of , and 58.1-801 have been paid, if assessable. Clerk cm 7— NJ W OftlWGI10; wNr�Y CLARA IIAIIN RF:NNER I, CLARA HAfIN RENNER, ofFredcrick County, Virginia, being ofsound and disposing mind and memory, do hereby make, publish and declare this to be my I asl Will and Testanuenl, hereby mwokigg ally and all Wills and Codicils by me at any time; herelofotc made. FIRST- I direct that all of nuy just debts and fimeral expenses be paid. SECOND: I leave my cadre esltdc, bosh real and personal, and wherever silualed, ol'which I may die seized and pos.,cssed, or to which I may be enlilled al the lime of my dualb, to my daughter, NANCY RENNER JOIINSON. In the event the said Nancy Renner h,hnson has predeceased me or dues not survive me more than 48 hours, then and in that event, 1 leave lily estate to her sort, DANIEL EDWARD JOIINSON.. TI IIRD: ! nominate and uppoint lily daughter, NANCY RENNF.R J011NSON, as Executrix of m-• last Will and Testament. In the event that lily Executrix is unable or unwilling to serve in that capaehy, I nominate and appoint DANIE•.L EDWARD JOHNSON, as Executor. No auoly on any bond shall be required of any fiduciary uomimtted in this Will. FOURTH: In addition to the pn%vcus nuw or hcrealler granted bylaw, every tducinry serving hereunder shnl have ali the powors listed in §04.1.57. Code ul-Vitginia, as in eflect on fhe date of nuy death. September, 199g. (SEAL) CLARA I IAHN RENNER The foregoing instrumem, subscribed at Clue end thereof* by CL.ARA I I A I IN RENNER, ilia above named Testatrix, and by her signed, published and declared to be her Lasl Will and Testament in the presence ofus and each orus who in her presence and at her request and in the presence of each other subscribe our names as attesting witnesses upon the day of the date of said Will. _ residing of .� l.11lY (17_lljlu-1 tM�tla_Y �gl Yll P� Q TJ" residing at -1 / ��{�,a Before me, the uncle rsigilr d authority, on this day personally appeared CLARA I IAI IN RENNER,_'Jrn�iew� , r. t�!lfyf711h1-4_ known ;o me to be: the Testatrix and the witnesses, respectively, whose unities are signed to the attached or foregoing instnrment, and nil these persons being by me first duly sworn, C'LARA HAIIN RENNER, the Tesmtrix, declared to me and to the witnesses in my presence that said instrument is her Last Will and Testament and that she had willingly signed the same and executed it in ilia presence of said witnesses as her free and voluntary act for the purposes therein expressed; stint said witnesses stated before me iltet the foregoing Will was executed and acknowledged by the Teslmrix as her Lav Will and Testnment in the presence of said witnesses, who, in her presence and at her request, and in the presence ofench other, did subscribe their names us attesting witnesses on the day of the date of said Will and that the'restatrix, at flit: time ot'lhe execution of said Will, was over Il;e agc of eighteen (18) years, and ofsound and disposing mind and memory TESTATRIX --- -- — 1 WI' L'SS ..�---••--- WITNESS STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER. to -wit: Subscribed, sworn and ucknowledged before ntu by CLARA HAIIN RUNNER, the Testabix, uud subscribed and swurn to before me, by Witnesses, this _ day of Septembert, 1998. My commission expires 1 3 % q -- �� u11tc• -23 190010052 Q ' N Pursuant to ,¢17.1-223 (B), of the Code of Virginia, the existence of title Insurance is unknown to the preparer of this instr'innent. Prepared by Michael Hirsh, - Virginia Bar Number. 36569 Return to: Old Towne Title Co., 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 1 THIS DEED, made this ! day of , 20. by and between JANICE PAIGE LLEWELLYN and MAXSIIA ANN DEHAVEN, Heirs to the Estate of ELVA E. HUFFMAN, deceased, (hereinafter, "Grantor") and CRT P�Ry OPFRIMS rii Virginia Limited Liab Mnlh J°r fje ,��3r tpC11) ho�yJ � n [tea i s+is: �V�� �,(�}^ WITNESSETH: That for and in consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convoy, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nanccs thereto belonging, situated in Frcderlek County, Virginia, about two miles Northwest from Winchester on the East side of the Lane running from the Northwestern Gmde to the Charles Lupton farm, containing 3 rods and 6 sy, poles and more particularly described by a plat and survey made by Walker MeC. Bond, S.F. C. August 3,1942, and recorded with a deed rec- orded in DI3 185 at Page 568. a)nes.6.xo _D' �S+` It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page o 568. -- The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H, Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last•Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F. Huffman and Elva Huffman. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva E: Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court.of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. This conveyance is made subject to all casements, and building or use restrictions of record, including, but not limited to, those for public roads and highways,'restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to all applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seal: (seal) rJC AIGE "LLYN — (seal) M RSHA ANN DEHAVEN c) 0 j� f N. STATE OF `� CITY/CO iJNTY OF to -wit: I, the undersigncd Notary Public, in and for the City/County and State aforesaid, do hereby certify that ANIr.A IGE LLEWELLYN h crsonally ncd he s e of me in I}�r City/ foresaid, on this ���� day of 2 Notary Print N My ComAssion Expires: 17-_T ' .1d17ditT.La7A �Ltb tQOt1 Pllt�irt M ComCow gorweala, K2 STATE OF CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that MARS114ANN DEHAVEN has peN rally si�sam b ,f me in the O� City/County a d S • c aforesaid, on this .'day of 20�. Notary P I PrintNam Registrati umber: My Commi - on Expires: J�aalhurrW�ul sute Cam>v�e�wa�t 1W�9.M�: CMasd++� VIRGINIA: FREDERICK COUNTUCT. This Instrument of writing was produced to me on at • �� �tV� and with certificate acknowledgement thereto annexed was admitted t,p record. Tax imposed by sec. 58.1-802 of 5 ROD, ,Wand 58.1-801 have been paid, if assessable. Clerk ,53.A---7y o 150009814 Grantee's Address: 424 West Cecil Street Winchester, VA 22601 Consideration: 50.00 - Exempt - §58.1-811(A)(10) Assessed Vxlue: 5623,000.00 7hts instrument was prepared without title examination by: John W. Truban, Virginia State Bar No. 15789 Owen and Truban, P.L.C. P. 0. Box 267, Winchester, VA 22604 The extstence ojlitle Insurance is unknown to the Preparer. THIS DEED, made and dated this 29`h day of September, 2015, by and between CAROLYN R. TURNER, called the "Grantor," and CRT PROPERTIES LLC, a Virginia Limited Liability Company, called the "Grantee." The Grantor desires to convey the property described below to the Grantee which is controlled by Grantor in accordance with the provisions of the Internal Revenue Code of 1986. This conveyance is exempt from the recording tax in accordance with Virginia Code Section 58.1-811(A)(10). Accordingly, for and inconsideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the Grantor does grant and convey with General Warranty and English covenants of title unto the Grantee all of the Grantor's right, title and interest in and to the following described property, to -wit: [164 ECHO LANE, WINCHESTER, VIRGINIA 22603-3909, TAX MAP ID No. 53-A-74] All that of that certain lot or parcel of land, together with all rights, rights -of way, privileges and the appurtenances thereunto belonging, containing one (1) acre and forty-nine (49) square poles, more or less, lying about two and one- half miles Northwest of Winchester in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described by the survey of C. G. Davis, Surveyor, which is set forth in a Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 206 at Page 172. AND BEING the same property conveyed to. Carolyn R. Turner from Bernard L. Turner and Carolyn R. Turner by Deed dated May 21, 1.999, of record in the aforesaid Clerk's Office in Deed Book 938 at Page 150. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property conveyed by this deed. This conveyance is made subject to all legally enforceable restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above described property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. M ry 0 IN WITNESS WIMREOF, the undersigned have set their hands and seals all as of the day and year first above written. AI,) COMMONWEALTH OF VIROIN A CITY OF WINCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this 29'h day of September, 2015 by Carolyn R.. Turner. Notary Public DEBRA L CAMAUGH NOTARY PUBM cotWw w n1tn of vko* . Rag. M 1"M 'Ccriudabn V31IMS V19l31NIA: B MERICK COUNTY.SCS . This instrument of writing was produced to me on and with certificate acknowledgement'thereto anticxed was admitted to record. Tax imposed by Sea. 58.1-802 of $gr* Pt , arxi 58.1-801 have been paid, if assessable. Clerk 2 i I R.gnkKn.a,.0.. JflL%gJ 6/8/G4 w wx ww c, P" onar� aK8 I gPG0552 THIS DEED made and dated this JOA day of May, 1994, by and between CLM H. REM, Widow, party of the first part, hereinafter called the Grantor; and, N"CY RENNER JO�, party of the second part, hereinafter called the Grantee. WITHBSSETH: That for and in consideration of the sum of Ten Dollara pio.00), and other good and valuable consideration, tha receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in fee simple, all that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, contianing 1 acre, more or less, lying and being situate about une-half (1/2) mile West of Winchester, in Gainesboro Magisterial District, Frederick County, Virginia, and being the same property conveyed to Paul C. Renner and Clara H. Renner, his wife, by deed dated April 13, 1979, of record in the clerk's office of the circuit Court of Predorick County, Virginia, in Deed Book 507, Page 219, to which reference in made for a nore particular description and derivation of title, the said Paul C. Renner having since died. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, 1 eK819PG0553 affecting the aforesaid property. 1 WITNESS the following signature rrnd seal: (SEAL) Clara . ennu STATE OF VIRGINIA, AT -LARGE, l CITY OF W111CHESTER, to -wit: The foregoing instrument Was acknowledged before me this 10 day of May, 1994, by Clara it. Renner, Widow. Hy commission expires `j7 !4 l — r Notary PubiiC21 ('vyy161i5$iO� � r r n, '• �,�QnO', � .t I` (� } J WWNIA: FREDERtOKODUNTY.I301 JbI In�lrurnlnI 1 witting wu o uceU;to ��,.on the ind wlUr 0rr1111o41 07.vi1odgmerd 110100 nnnOad i ZydinIHod to record, TO Mnp0aed by 8eo' 158.1•IM 01 `+ _., and 6a•1.801 hav* bean paid, H afesaeblo. wuux LVOCK wo OW" +I r II Prin_°d On 10F052007 By PAINTER LEMS PLC- _,- yr..z. n.i L•_� i-.v�'_sv:E'-_3.'L''31=.�'ye•==3„_._¢.. 876 A615111 -TV5157 6UMM J. , SR., xT AWTo I DUD ROBM a. JOEMON, FT UX ex5aspooIs T916 DEED made and dated this loth day of December, 1984, by and between CUTUS J.: RENNER, OR. - and HILDA RENNER, his wiles ROY A. RENNER and EUNICE RENNER, his wifet HALTER E. PINNER, Singlet PAUL C. PERM and CLARA H. RENNER, hie wife, of the one part, hereinafter called the arentors, and ROBERT B. JOHNSON and NANCY R. JOHNSON, his wife, of the other part, here- inafter called the Grantees. WITNESSgM That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general wgrranty and English cove- nants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at comwn law, in fee simple, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate just Neat of the City of Winchester, in Gaineeboro Magisterial District, Frederick County, Virginia, fronting the Northern boundary lines of U. S. Route 50, said parcel described as Lot -At containing 1.000'Acres, by plat and survey of Lee A. Ebert, C. L. S., dated February 7, 1984► of record in the'C1erk's, Office of the Circuit Court of Frederick County, Virginia, in Dead Book573,Pa" 487.end 488,to which plat reference is here made for a more particular description of the property•herain conveyed and derivation of title. . . .._- _�. ........ _ ..... 1 .. . r— ".7 F1 n7i7v'''vlrrV�6y't7vr-byi-SniiLrcZ�rn J-Y"iV--:—� 879 j � I j AMaxwPow 11IfMi" YY This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, 1 affecting the aforesaid property, including those shown on the f aforesaid plat. WITNESS the following ignatures and seals, 1, jtG (SEAL) C ar es Renner, r. • . / _(SEAL) H a Renner l (SEAL). Roy Renner G RPM (SEAL); un ce Renner c. y_.v II W F(SEAL). �Ialter E. Renner, ) (SEAL) C� (SEAL) Clara 1. Renner lP STATE OF VIRGINIA, AT -LARGE, M COUNTY OF FREDERICK, to -wits The foregoing instrument was acknowledged before me yf this fV day of peoamber, 1984, by Charles J. Kanner, Sr., and i Hilda Renner, his wife. 1 my commission expires. i • l Notary 10100 5/18/2021 Frederick County Taxes Paid g COUNTY OF FREDERICK P.O. BOX 225 WINCNrSTiR,VA22604-0225 C. WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 73 Account#: 8014310 DMPI-I Ticket=' Seqd Owner Name B111 Date Description Tax Paid CRT IRE2020 8473 1 PROPERTIES EC 4/13/2020 .75 ACRE $344.96 IRE2020 8473 2 CRT PROPERTIES LLC 4/13/2020 .75 ACRE $220.15 Total Paid: $565.11 This amount represents payments applied during calendar year 2020 and does not include Penatty, Interest or Credit Curd Fees. Close this I Print This Pao https://fctaxes.co.fred a dck.va.0 slAp pl i cati onsITR_PayTaxeslPd ntYea dyTaxes. aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O. BOX 225 r l: WINCHESTER, VA 22604-022.5 C. WILLIAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 74 Account h 8014311 Total Paid: $3,862.74 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Crcdit Card Pecs. l Close this Window FEW This Page hftps:llfctaxes.co.fred a dck.va. uslApp licationsfTR_PayTaxe slPd n tYe ariyTaxes. aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O. BOX 225 WINCIIESTL•R, VA 22604.0225 r •} C, WILLIAM ORNDOrP, J t Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 76 Account#: 8014313 Dcput 'I'iel UlI Sryi ;0NNner Name I Bill Dote I Description JOINSON MOM) 194961 1 4/13/2020 1.00 ACRE__- _ NA,`1CY K _ _ _1 M020I 194961 2 JOHNSJOHNS RON 4/13/2020 1.00 ACRE NANC This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this Windo I Print This Page Tax 11; $1,896. $1,896. Total Paid: $3,793.59 https:Hfctaxes.co.fredaHck.va.uslApplications/TR_PayTaxeslPdntYearlyTaxes.aspx 5/18/2021 Frederick County Taxes Paid i COUNTY Or FREDERICK P.O. BOX 225 I v.r, / WINCITESTER, VA 2260,"225 „•�.,Yv� , C. WILLIAMORNDOVr IR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 75 Accoundh 8014312 1)411IPF "I'Ickcl-: Sell lOwnrr'Na ue 1 11111 Dole--------------------1)csrripllon --- Tax Paid JOHNSON RE2020 19497 1 NANCY 4/13/2020 i1.00ACRE $1,449.36 RENNER JOHNSON RE-2020 19497 2 NA`ICY 4/13/2020 I.00 ACRE $1,449.36 RENNER — Total Paid: $2,898.72 This amount represents payments applied dining calendar year 2020 and does not include Penalty, interest or Credit Card Fees. Close this Window Print Thls Page https:Hfctaxes.Go.frederick.va.uslApplications/TR_PayTaxeslPdntYeadyTaxes.aspx 1 /1 5/18/2021 Frederick County Taxes Paid ,r e, COUNTY OF TREDERICK C.O. BOX 225 WfNCHMTER, VA 22604-0225 C. WILLIAM ORNDOFr, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 77 Accoundt: 8014314 U.pl:: 11ridC14 Scy,' o ncr \amc I Bill Dale j llc,cripliu❑ Tax Paid JOHNSON RE2020 19498 1 NANCY 4/13/2020 1.84 ACRE $1,350.85 RENNER JOHNSON RE2020 19498 2NANCY 4/13/2020 1.84ACRE $1,350.84 RENNER -- Total Paid: $2,701.69 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Pees. Close this WindowI Print This Page https:lifctaxes.co.frededck.va.uslApplications/TR_PayTaxesIPrintYearlyTaxes.aspx 1/1 ORDINANCE Action: PLANNING COMMISSION: June 16, 2021 Public Hearing Held, Recomnicndecl Approval BOARD OF SUPERVISORS: July14, 2021 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-21 CRT PROPERTIES, LLC WHEREAS, REZONING #03-21 CRT PROPERTIES, LLC., was submitted by Painter -Lewis PLC, to rezone .75 acres from RA (Rural Areas) District to the 132 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the 132 (General Busincss) District with revised proffers, totaling 4.84 acres. The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District; and NN'HEREAS, the Frederick County Planning CoillilliSSlOrl held a public hearing on this Rezoning on June 16, 2021 and recommended approval; and NNIHEREAS, the Frederick County Board ol'Supervisors held a public hCaring oil this Rezoning during their regular meeting on July 14, 2021; and «'HEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, Nvclfarc, and in conformance with the Comprehensive Plan. NO«', THEREFORE, BE IT ORDAINED by the Frederick County Board ol'Supervisors, that Chapter 165 of the Frederick County Cocie, Zoning, is amcnciccl to rezone to rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the 132 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres, all as shown on the proffer statement bearing signahu-c date December 7, 2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner arc attached. This ordinance shall be in effect on the date of adoption. Passed this 14°i day of'July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy David D. Stegillaier Blaine P. Dunn PDRes #23-21 Shawn L. Graber Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Mary T. Price Interim County Administrator REZONING APPLICATION 903-21 CRT Properties LLC Staff Report for the Planning Commission Prepared: June 7, 2021 Staff Contacts: Candice L. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/16/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Lcho Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR TIDE 06/16/21 PLANNING COMMISSION MEETING: This is a proposal to rezone live parcels of land from the RA and B2 Zoning Districts to the B2 District with proffers. hour of the Subject parcels were rezoned to the B2 District Nvith Rezoning #08-08 for Botanical Square; this proposal would rezone parcel 53-A-73 to the B2 District and bring all five parcels under one proffer statement. The site is located within the limits of the Round Hill Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area (SWSA). 'hhc requested B2 Zoning for parcel 53-A-73 and the current existing B2 zoning of parcels 53-A-74, 53-A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The transportation and corridor enhancement proffers associated with this rezoning are also consistent with the Comprehensive Plan. The impacts associated with this requested rezoning appear to be addressed by the scope of the proffer statement; there appears to be no additional impacts that are anticipated to hrederick County or the SUITOLInding properties. A recommendation regarYling, this rezoning, application to the Board of Supervisors would be appropriate The Applicant should be prepared to adettuatelp adth•ess all concerns raised by the Planning Commission. Rezoning #03-21 CRT Properties, LLC. June 7. 2021 Pa0c 2 This I'C'pOI't is pJ'epl!/'l'd %J)� the J1'C'l%C'1'lCti CO[//lty Pl11N/lillb Stllff to provide' illf0l'/lllltion to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It 11111), also he us(ful to othery interested in this zoning matter. Unresolved issl/es concerning this application are noted G), Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 06/16/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester MAGISTERIAL DISTRICT: Gainesboro PROPERTY 11) NUMBER: 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77 PROPERTY ZONING: RA (Rural Areas) and B2 (Business General) Districts PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant B2 (General Business) Commercial Cast: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning 403-21 CRT Properties, LLC. June 7, 2021 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 50. "Phis route is the VDOT roadway, which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020, address transportation concerns associated with this request. Before development, this off ice will require a complete set of construction plans detailing entrance designs, drainage features and tral'f is flow data for review. VDOT reserves the right to comment on all right-of'way needs, including right-of-way dedications, traffic signalization, and off= site roadway improvements and drainage. Any work perlormed on the State's right-of-way must be covered under a land use permit. Frederick -Winchester Health Department: This of'ficc has no objections to the zoning requested. The existing septic system & cistern must be properly abandoned/demolished per VDI-I guidelines prior to business Commercial development. Frederick -Winchester Service Authority: FWSA defer to Frederick Water. Frederick Water: Water and Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered on water and sanitary sexver treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Frederick County Department of Public Works: A comprelierisive review shall be performed at the time of site plan submission. Frederick County Fire Marshall: Plan approved. Frederick Count), Park & Recreation: Parks and Recreation recommends a sidewalk along the west side of'Botanical Blvd. to connect development to the 10' trail along Northwestern Pike (Route 50). Planninll & Zoning: I) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption ol'an amendment to the Frederick County Zoning Ordinance on May 10, 1989. 'IThe corresponding revision of the zoning map resulted in the re -mapping of'the subject properties to the RA District. Parcels 53- A-74, 53-A-75, 53-A-76, and 53-A-77 were rezoned from the RA District to the B2 (Business General) District with proffers with the approval of Rezoning #08-08 for Botanical Square. Rezoning #03-21 CRT Properties, LLC. Jule 7. 2021 Page 4 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of rredericic County. Tile 2035 Comprehensive Plan is an official public doCLImcnt that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key coillpollents of Community Iile. "file primary goal oI this plan 1S to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to Ouide the f ItLll'C development of Frederick County. The Area Plans, Appendix 1 ofthe 2035 Comprehensive Plan, are the primary implementation tool and will be illStRimental to the iLItUre planning efforts ol'the County. Col) m-el7ensive Pkin The Round Hill Land Use Plan of the 2035 Comprehensive Plall 1)I'0V1dCS gUidance oil the ILItLI1'e development of'the property. "file Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area. The requested B2 Zoning for parcel 53-A-73 and the existing B2 zoning of'parcels 53-A-74, 53- A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The Plan also outlines a number ol' design principles that are encouraged for the Route 50 Corridor. A 50' landscaped buffer area with a I trail is icicntified along Route 50, building placement closer to Route 50 and architectural standards are also encouraged. With this proposal, the applicant has proffered to provide the landscaped bufTerand 10' asphalt trail along Route 50, proffers pertaining to architectural standards and parking limitations between buildings and Route 50 are also provided. The corridor enhancement components of' this rezoning are consistent with the goals of the Comprehensive Plan. The transportation network of' the Round Hill Land Use Plan encourages consolidated entrances, interparccl connections, and connections to Routc 50 at signalized entrances. The subject rezoning prohibits direct access to Route 50; access will only be provided via Botanical Boulevard which has a signalized intersection with Route 50. The transportation component of this rezoning is consistent with the goals of'the Comprehensive Plan. 3) Proffer Statement — Dated December 7, 2020: Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as "CRT Properties, LLC Lxhibit l ", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of' the proposed commercial development, the location ol'the principal site access, the location ol'parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". Rezoning 403-21 CRT Properties. LLC. ,Lune 7, 2021 Pa-e 5 Route 50 Right of Way Improvements The applicant Will make the necessary road frontage improvements, as required by the Virginia Department of' 'Transportation, to ROLItc 50 in support of the proposed development. The improvements will be cesigned and submitted for approval to the Virginia Department of' Transportation and Frederick County Planning during the site plan review process. Improvements to Botanical Boulevard and Traffic Signalization The applicant will make the necessary road Irontage improvements 111CIlICllllg peClCStI'lall facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support ol' the proposed development. The improvements will be designed and Submitted for approval to the Virginia Department of Transportation and Frederick County CILll'Ing the site plan 1'eV1C\v j)1'OCCSs. 111 allticl})at1011 Of the wal'1'allt Iol' a tl'afflc signal, the applicant Will enter into a signalization agreement with the Virginia Department of 'Transportation provicling for payment by the applicant for the cost of the design and installation of the traffic signalization at the intersection of'Botanical Boulevard and the site entrance when warranted by VDO T. The agreement will be CXCCL1tCCi pi']Oi' to the i'CCelj)t Of tllC first bUllding permit issued for the site. Subsequent to the approval ofthis rezoning. In the event that traffic signalization is not Warranted by VDOT and no signalization agreement is CXecutecl, the applicant agrccs to pay $l 50,000.00 for future transportation improvements within the Route 50 and Botanical BOulevard rights -of -way. This sum will be paid to the TreaSLll'el' of Frederick County prior to the occupancy Of any Stl'LiCtlll'C Oil the property CXCIuCling, however, occupancy Of the CXisting structures on the property which are CUi'rently Occupied for residential use. Monetary Contributions to Frederick County Service Organiz,tlolls The applicant Will donate Or will CaLISC to be paid to the Treasurer ofFrederick County for Fire and Rescue services the Sun of'$5,000.00 for impacts to lire and rescue Services. This sum will be paid upon receipt of the first building permit issucCI for the site, subsequent to the approval of this rezoning. Route 50 Buffer The applicant agrees to Construct a ten (10) loot wide pedestrian trail running parallel with Route 50 \within a fifty (50) foot wide buffer running Concurrently with the Route 50 right-of- way. The trail \will be paved with an all-weather surface acceptable to the Frederick County Department of' Planning and Development. The buffer will contain no permanent SUITace improvements with the exception of'the pedestrian trail, landscape Clements, means of access, a11Cj Utility HSU StRICtul'CS. The trail will be owned and maintained by the property owner(s). The buffer \will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (lllllllllll1111 10 trees) and one ornamental Shrub per 5 linear feet of road frontage (1111111111um 80 shrubs) of the applicant will preserve a 1'OLlghly egUivalent amOLlnt Of eXlStlllg vegetation, of a combination thereof. A landscape/buffer plan will be SUbmitted along with the first site plan for the site or any portion thereof. The trail and buffer will be Completed prior to the occupancy ofany structure on the property CXCIuCling, however, OCCLIpancy Oi the existing Structures on the property \which are currently occupied for residential use. Rezoning 403-21 CRT Properties. 1-1-C. Junc 7, 2021 Page 6 Building Design The proposed buildings shall be constructed using Compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respcct the Continuity and Character of the existing architectural fabric oI the SLIrrOLllldlllg C011lllllllllt)'. The principal facade in addition to any Ia�adC lacing Route 50 and Botanical I3Oulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass. Wood, stucco, or other high duality, long lastim, masonry Materials. Location of Parking The owner ao rees that the development ol'tllC site will include no more than one (1) row of' parking and one access aisle between any bLlllCllllg alld the Rollie 50 front yard ofthe property. This will be shown on the site plan as part ol'the development requirements. Maximum Floor Area "The applicant agrees to limit the gross commercial floor area that will be built on the 4.9 acres to 36,000 square feet. A recommendation regardin, INN rezoning application to the Board ofSupernisors would he appropriateTlie Appl(c(nit Sho((ld he prepa!'ed to ade(tuatelp address all concerns raped hh the Planning Conindysion. S01 WALMART DR Wq/MgRTOR �O G Wm-710 CROCK WELLS MR1 REZ # 03 - 21: CRT Properties LLC PINS:53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 Rezoning from RA to B2 and B2 to B2 Zoning Map >- t09J NORTHWESTERN PIKE p FFj,catjc� Parcels Sewer and Water Service Area Bt (General Business District) tao CROCK WEDS MIU 0 RTH S01 WALMARiDR Q Q O CO R i'7r# 3 . r. Mq RR/o �R =j t i o t TERN 50 p 17 �MHEasTst •s.Q i ROUND qu RD Winchester L Go _ b 'r/ N wt S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 400 Feet Map Created: Mov 20. 2021 REZ # 03 - 21: CRT Properties LLC PINS:53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 Rezoning from RA to B2 and B2 to B2 Location Map Ulm= s 1998 NORTHWESTERN IIKE REZ 1k03-21 ' 4 RT Q '.� • ' 'DR O e REZ Ir03 21 �S 1 Mq RR/p OR L REI /iO3-21 t REZ #03-21 RE I #03-21 -517 NORTH WESTERN PIKE 50�s� 1 HII - $� J7 �t1ERbt 51 / - - - •Ors, ,�{ RDUMD NlL RD ;. RTHWE • Application Parcels Sewer and Water Service Area NO 2051 NORTHWESTERN /IRE 37 N Wf; S Frederick County Planning 8 Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 400 Feet Moo Created: Mov 20, 2021 REZ # 03 - 21: CRT Properties LLC PINS:53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 Rezoning from RA to B2 and B2 to B2 Long Range Land Use Map S01 WALMART DR Wq ZMq Rr DR 00 G� s08 CROCK WELLS MILL X_- CS:CGJ Q Application Parcels Sewer and Water Service Area Long Range Land Use 0 E.a Bess O` S J REZ v03-2.1 REZ sr03-21 ewm SOI WALMART DR REZ P03-21 EDt= REZ #03-21 omm REZ #03-21 r fflam 1998 NORTHWESTERN PIKE tag eorAN►cAL nvD MARRZO,T i �R� _ NORTHW` O 4 _ . = 50 37 ryrrtast St NDUND MIL qD C.ilYJ Wincblfbl 37 J ®r ref N Wt S Frederick County Planning & Development 107 N Kent St Winchester VA 22601 540 - 665 - 5651 400 Feet Moo Created: May 20, 2021 PROFFER STATEMENT CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 And Proffer Revision to Rezoning #08-08 PARCEL IDs: 53-A-77,53-A-76,53-A-75,53-A-74 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis,com Job Number: 2007006 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 0.75 acres, Parcel #53-A-73 from RA to B2, and the revisions proposed to the Proffers associated with Rezoning #08-08, the development of these parcels will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as CRT Properties, LLC Exhibit I", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 VDOT and no signalization agreement is executed, the applicant agrees to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of-way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.90 acres to 36,000 square feet. PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 3 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 Submitted By: CRT Properties LLC Carolyn Tu Date: /a ! a D c) STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged 'TWtZ by Carolyn Tumer. My commission expires on b f sec. ml ,t i ;�s ,o��; Tz gr i�sioN •. Q = n •, NUMBER : Z 75151 SEA LTN lQ day of 4 PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 76, 53 ((A)) 76, 53((A)) 77 Submitted By: Nancy R. Johnson Nancy R. Date: 4•-a'K-a0a-- STATE OF VIRGINIA. AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me ApN_ by Nanc R. Johnson. My commission expires o l l,L • �a -3 Notary Public DENIS•F. L. Tj,rgin IAS NOTEjF;Y PIC iaust 31, 2023 5 this DO, day of I N I q .00 111.0 ..__ - PAINTER-LEWIS, P.L.C. PROJECT: oTM RS C.IA 817 Cedar Creek Grade, Suite 120 GENERALIZED DEVELOPMENT PLAN DRAWN BY: J08 NO.: CRT PROPERTIES LLC P-� 2007006 Winchester, Virginia 22601 EXHIBIT 1 SCALE- DATE: Telephone (540)662-5792 Facsimile (540)662-5792 FREDERICK COUNTY, VA. SHOWN 12/07/20 CONSULTING SHEET: GDP ENGINEERS Email office®painterlewis.com AMENDMENT Action: PLANNING COMMISSION: October 1, 2008 - Recommended Approval BOARD OF SUPERVISORS: October 22, 2008 ID APPROVED 0 DENIED AN ORDINANCE AMENDING TIC ZONING DISTRICT MAP REZONING #08-08 OF BOTANICAL SQUARE WHEREAS, Rezoning #08-08 of Botanical Square, submitted by Painter -Levis, PLC, to rezone 4.15 acres from RA. (Rural Areas) District to B2 (General Business) District, with proffers dated February 7, 2008 and final revision dated October 9, 2008 for Commercial Use, was considered. The properties are located on Route 50 West, at the northeast corner of the Route 50 and Botanical Drive intersection, approximately '/d mile west of Route 37, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A76 and 53-A-77. WHEREAS, the Planning Commission held apublic hearing on this rezoning on October 1, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the roffered in writing by tine applicant and the property owner. attached conditions voluntarily p 13DRes 1133-08 This ordinance shall be in effect on the date of adoption. „ollowillrecorded vole: ' of October, b} i11e fa. b Passed this 22 a day } Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary 'W. Dove Aye Bill M. Ewing Aye Aye Aye Gene E. Fisher Charles S. DeTIaven, Jr. Philip A. Lemieux Aye A C®PY ATTEST Jol�ll R!Riley, • r. Fr� cjerick County Administrator PDRes. 1133-08 in a'N "OTAUINCAL SQUARE 01VINN DESIGIIL07 INC. Route 50 !Fast pro -aver Statennent Rezoning #: Property: 4.15 acres PARCEL Us: 53-A-74 Recorded Owner: Carolyn R. Turner PARCEL ID's: 53-A-75, 53-A..76, 53-A-77 Recorded Owner: Robert B. and Nancy R. Johnson Applicant: Omni Design/Build, Inc. 20288 Blueridge Mountain Road Paris, VA 20130 Project Name: Original Date of Proffers: Revision Date(s): Botanical Square Route 50 West February 7, 2008 July 1, 2008 September 20, 2008 October 9, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.corn Job Number: 0612010 PROFFER STATEMENT PARCEL_ ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#s 53- A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject property (the site) shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owners and their legal successors or assigns. For the purposes of these proffers, the property includes all or any portion of parcels TM#ts 53-A-74, 53-A-75, 53-A-76, and 53-A-77. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01/08, identified as "Botanical Square/Route 50 West", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Sicgnalization The applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed, the applicant agrees to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. page 2 �J PROFFER STATEMENT PARCEL ID PARCEL Us: 53-A-74, 53-A-75, 53-A-76, 53-A-77 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sure of $5,000,00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of- way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. Tile trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any facade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. page 3 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Carolyn R. `furner N/County of UV t �����`�-''� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I j day of ()c.A- 12003 IU Not ry Public I I My commission expires: page 5 PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77 Submitted By: 7PNancy- R.��r. bhnson City/County of \ W v-t c-I/I-S- S t -6-1 r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this ID day of 1200 S DZ-1, G �i NbjaryPublic b �► �% My commission expires: page 4 ---10' ASPHALT ',? I BICYCLE TRAIL ii 1 I I, • �li I: !i 4, ?i 1, ii 1 �f 11� it p 1i 11 0 ,0 'A •- `Z�� li 1 11 d �a 60' 0' 60' Scale 1 " = 60 ft ACCESS SHALL BE MAINTAINED TO THE 0 EXISTING RESIDENCE w � � I m N W U ti z Q� IN W) P. /. N. 53 A-73 ZONcO.• R4 PROP. SITE ENTRANCE -URE - - - - - - - - - - --NALIZED _ _-RSECTION 4' EXISTING - SIGNALIZED '®� /�i—=----_---_- INTERSECTION r U w O a_ ■ JQ: o N p rn r7 r, N 1- (n N Lr) � N I N 0 LD (D C, (D ui O _ O C) v v v �■ a) > Lim >0` -,_E_ LuaJ 0-0 o U c I- LL- Z R am SURVEY: C.I. na N/, DRAWN BY: JOB NO. ss 061201( SCALE: DATE 1 "=60.0' 7/01 /O✓: Drawing: GDP 10' ASPHALT I's I BICYCLE TRAIL L"I 0 co M rrn co r t a\ 1 1 1 I � r l ' I 1 � WITHIN BUFFER: 1 SHADE TREE/40 LINEAR FEET 1 ORNAMENTAL SHRUB/5 LINEAR FEET and/or PRESERVATION/OF EXISTING VEGETATION 1 r — — 35' BRL - - - - - BOTANICAL BOULEVARI - - - - - - - - 9 - - - - - - - - EXISTING SIGNALIZED - - - --------------------------- - - - - -- - - - - - INTERSECTION / 11 1� zc A iA � IMPACT ANALYSIS STATEMENT . CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007026 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS i. INTRODUCTION --- - - - — — -3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 7 K. REZONING #08-08 PROFFERS _._ 7_.____ page 2 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard i. INTRODUCTION CRT Properties LLC (the owner) proposes to rezone one parcel of land located at 194 Echo Lane in Frederick County, Virginia. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by the Tax Map Number 53-((A))-73. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The total area of the request is approximately 0.75 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site. for commercial purposes. This parcel lies adjacent to another property owned by CRT Properties LLC identified by the Tax Map Number 53-((A))-74. The property was the subject of a 2008 rezoning #08- 08 which included Tax Map Numbers 53-((A))-75, 53-((A))-76, and 53-((A))-77. These four properties are bound together by common proffers associated with the 2008 rezoning. These proffers include making improvements to the road infrastructure of Route 50 and Botanical Boulevard, the construction of pedestrian facilities, the location of access from Botanical Boulevard, limits on new building floor area, contributions to Fire and Rescue service organizations, and parking lot location. It is the intent of the owner to bind this 0.75 acres to the proffers associated with the four parcels which were the subject of Rezoning #08-08. A. SITE SUITABILITY The Frederick County Comprehensive Plan shows that the area containing the site is within the Round Hill Community Land Use Plan area. Commercial and medical use development is identified along Route 37 and Route 50. Immediately to the west of the site is land which was rezoned to B2 in 2003 under the name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access roads have been constructed along with several smaller, commercial projects. Significant improvements to Route 50 and the Route 37 access ramps have occurred in association with these two rezoning and development projects. Botanical Boulevard, a future major collector road, has been constructed parallel to the eastern boundary of the site. Botanical Boulevard is a public roadway. The right of way is separated from the site by a 40' wide strip of land owned by Winchester Medical Center, LLC. The applicant is in negotiations with Winchester Medical Center for permission to access the site from Botanical Boulevard. Sound planning policy will limit the number of points of access along Route 50 due to the high volume of traffic and number of lanes. The applicant intends to develop the site using Botanical Boulevard as the main point of access in coordination with the other parcels mentioned above as the subjects of the 2008 rezoning. Along with the development of this parcel, the owner will agree to abide by the proffers which were submitted and approved with the 2008 rezoning. A revised Proffer page 3 100 0 100 Scole in Feet WAL—MART REAL ESTATE BUSINESS TRUST / TM52—A—D ZONED: B2 / USE: COMMERCIAL / rCRT PROPERTIES LLC r TM53—A-73 �/ PRIMAXPERTIES LLC �/i US ZONED: � RES D / ZONED: 62 USE: VACANT 1 EX. 20' FCSA WATER do SANITARY SEWER EASEMENT If EX, 20' FCSA WATER do SANITARY SEWER EASEMENT 20' PRNATE S DRAIN EASEMENT CRT PROPERTIES LLC J q�r ZONED: 82 / / USE: RESIDENTIAL \ l r \ EX, 20' / PRIVATE STORM \ DRAIN \ EASEMENT NANCY RENNER JOHNSON I TM53—A-75 ZONED: B2 USE: RESIDENTIAL \ 1 WINCHESTER MEDICAL CENTER INC TM53—A-68 ZONED: 82MS USE: COMMERCIAL BOTANICAL ASC REAL ESTATE LLC TM53—A-68E ZONED: B2MS USE: VACANT 1 PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Yrginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email off ice®pointerlewis.com PROJECT: EXHIBIT 1 PARCEL LOCATION CRT PROPERTIES LLC FREDERICK COUNTY, VA. I SURVEY: s: NA DRAWN BY: JOB NO.: P—L 2007006 SCALE: DATE: SHOWN 0/25/20 SHEET: EXHIBIT 1 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard Statement and Generalized Development Plan are shown in Section 8 of this application. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property is gently sloping from the northern side of the site in a southeasterly direction. There are no steep slopes on this site as defined by the Frederick County Zoning Ordinance. MATURE WOODLANDS There are no mature woodlands located on this site. Existing vegetation is of the type that is typically associated with residential development in rural areas. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%). These soils are part of the Frederick- Poplimento-Oaklet association which are gently sloping to very steep, very deep, well - drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, and SC. B. SURROUNDING PROPERTIES The parcel to be rezoned is currently bordered to the south by another parcel owned by CRT Properties LLC. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2. The subject parcel is bordered on the east by TM# 53-A-68 which is owned by the Winchester Medical Center and beyond that is the Botanical Boulevard right of way. The parcel with the TM# 53-A-68 is also to the north of the parcel to be rezoned. Surrounding properties are shown on Exhibit 1. Tax Map No. Owner Ex. Zoning Ex. Use 53-A-74 CRT PROPERTIES LLC B2 Residential 52-A-D WAL-MART REAL ESTATE BUSINESS TRUST B2 Commercial 52-A-M PRIMAX PROPERTIES LLC B3 Vacant 53-A-68 WINCHESTER MEDICAL CENTER INC B2MS Vacant Access to the subject parcel is currently via Echo Lane. Echo Lane is a private access road which intersects Route 50. Once this property is developed in conjunction with the other four properties which were the subject of Rezoning #08-08, the Echo Lane access page 4 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard will no longer be used. The Echo Lane right of way is shown on Exhibit 2, "Parcel Metes and Bounds" on the following page. C. TRAFFIC Since this parcel will be subject to the development restrictions identified in the proffers associated with Rezoning #08-08, no additional traffic will be generated as a result of this rezoning. D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is generally sloping from the north to the south-southeast. Surface water crosses the site and collects along the south bound lane of Botanical Boulevard on the eastern portion of the site. The existing stormwater system in the Botanical Boulevard right of way conveys runoff to the east along the Route 50 right-of-way, under Route 37, and eventually discharges to Abrams Creek. Any development on this site can be expected to increase storm water runoff. Storm water management facilities will be constructed as required as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. The storm water detention facility which was constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. The drainage system on the Valley Health property located to the east of the site was designed to intercept and channel stormwater flows across their property and under Route 50. Drainage patterns and topographic information is contained on Exhibit 3 on the following page. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located on Route 522 north of the site near its intersection with Indian Hollow Road approximately 2 miles north of the subject page 5 60 0 60 Scale in Feet / / EX. 20' FCSA / WATER & SANITARY SEWER EASEMENT INSTR. WAL— MART / 1 #080006461 REAL ESTATE WINCHESTER TM52—A—D MEDICAL CENTS ZONED: 132 TM53—A-68 USE: RETAIL s INSTR. #08000 4 / 92 6' Q cb ,`0F/CRT PROPERTIES LLC S m / TM53—A-73 v / ZONED: RA / p USE: RESIDENTIAL 40/ 0.75 ACRES o / / EX. 20' FCSA WATER / SAN TAR& SEWER ,! EASEMENT / 4SS INSTR. #080006461 / EX_ 20' PRIVATE STORM DRAIN EASEMENT INSTR. / I #080006461 f 11 PAINTER-LEWIS, P.L.C. PROJECT: OTHERS : cA 817 Cedar Creek Grade, Suite 120 EXHIBIT 2 PARCEL METES do BOUNDS DRAWN BY: JOB NO.: P—L 2007006 Winchester, Virginia 22601 CRT PROPERTIES LLC Ste: DATE: Telephone (540)662-5792 FREDERICK COUNTY. VA. SHOWN 8/25/20 CONSULTING Facsimile (540)662--5793 SHEET: ENGINEERS Email office®painterlewis.com ExHlBrr 2 20 0 200 \Scale in Feet / J 77 L�25,2 1 � 1: / 73 11 I l t ,���Ir• �5,4 !r 74 I 76 _— J' `�- ,i � i•�!; � �'98,9 f 6 s / 8U218 4 2 1$_ CO 26 ,, 11 ` PAINTER-LEWIS, P.L.C. PROJECT: AR: oA 817 Cedor Creek Grade, Suite 120 EXHIBIT 3 DRAWN BY: JOB NO.: Winchester, Virginia 2ite CRT PROPERTIES LLC P-L 2007006 FREDERICK COUNTY, VA. SCALE: DATE. Telephone (540)662-5792 SHOWN B/25/25/20 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®pointerlewis.com EXHIBIT 3 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $750 in tipping fees will be paid to dispose of 15 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are nine identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and the Folk Victorian Farmhouse have apparently been razed. The location and proximity to the subject parcel can be seen in Exhibit 4 on the following page. The subject property is not located in an area considered to be a historic Civil War battlefield region by the NIPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been included following Exhibit 4. Nevertheless, this general area was peripherally involved in at least the Second Battle of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort Milroy. It was from the high view of Bowers Hill that the Confederate generals, including Ewell and Early, made their plans to attack the Union forces. The plan involved swinging infantry to the south of the subject property to a position west of Fort Milroy. The gently rolling land just north of the subject property provided the path for the Confederate forces to attack Fort Milroy. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. page 6 ISS 0 7114 rC � zA JA Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carysbrook Redoubt 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches 60 Civil War Sites Civil War Battlefields ! YStar Tanneryo 00.51 2 3 4 5 6 I 1 I 1 I I Miles Reynolds Store Cross Junction Gainesboro Gore Shawneeland O 14 7 Civil War Battlefields & Sites Albin O Round ° a HUI 60 Winchester 1 2 (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook Jo J Stephenson 3 6' f�9 37 b0 C*1 2035 Comprehensive Plan Adopted January 25, 2017 IMPACT ANALYSIS STATEMENT CRT Properties LLC — Botanical Boulevard EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning and subsequent development, the boundary line between TM#53-A-73 and TM#53-A-74 will be vacated. This consolidation will likely occur with development. K. REZONING #08-08 PROFFERS It is the intent of the owner to comply with the proffers associated with Rezoning #08-08. These proffers are currently on file with the Frederick County Department of Planning and Zoning. page 7 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 9 W. Piccadilly 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: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Telephone: 54o-ea2-5792 Current zoning: RA Zoning requested: B2 Acreage: 0.75 Fred-Winc Service Authority's Comments: / Fred-Winc Service Authority's <--K Signature & Date: 1t- -- 1 /Z_0 Notice to Fred -Wine Service Authority - Please Return Form to Applicant 34 v V / 66V " VJ %td i IV Rezoning Comments wa :g Frederick -Winchester Health Department Mail to: Frederick --Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information, Applicant's Name: Punter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Telephone: 540-662-5792 Acreage: Frederick -Winchester Health Department's Comments: TN, S a FFl c s n! o To -11-1 e1SIT_en} MU'S� � � �►'�i�ty ,A17 '+� '"'ram'% � Mei�SH ] pk,,Z_ Vf C�.. 17'- a7Foi2 `T p 0. ,,,j Health Dept. Signature & Date: �' Z G Notice to Health Department - Please Return This Form to the Applicant 27 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Telephone: 540-662-5792 Acreage: 0.75 Frederick Water Comments: Water an Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Notice to Frederick Water - Please Return This Form to the Applicant Frederick Water Signature & Date: _�. vlLslLULu Rezoning Comments --- - - - --- - - ----- Frederick County Department of Parks & Recreation ail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2°d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant-s Name: Painter-I-ewls, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Department of Parks & Recreation Comments: Telephone: 540-662-5792 Acreage: 0_75 �a�•�.a �w.d �+ 1��.�i�e►��r-�ecno�►tne�d�_�st�r� � la.�. Pks. & Rec. Signature & Date: Notice to Department of Par Recreation - Please Return This Form to the Applicant 24 RECEIVED Rezoning Comments a. 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._ Applicants Name: Painter -Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Crook Grade suite 120 — Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 —_ _ _ Acreage: 0.75 Department of Public Works Comments: U S 1 � � ,w• -- --��v ,� m i S S /ram ,----- - Public Works Signature & Date: -- Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 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: Palnter-Lewls, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: e2 Telephone: 54 0-662-57 s2 Acreage: 0.75 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have little measurable impact on Route S0 This rrnrte is the Vr)OT roadway which h s been considered as tha arress to the i� ec VDDI is satisfieri than the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020 address transportation concerns associated with this request Before development this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off site r��Y.�p�p���-d�>;�5e-ffz5r�'u-,nh�SFat�'rri�Ti�=a - y e o ere n er a an WHAignature & Date: Notice to VDOT - Please Return Form to Applicant 21 ;`;?i Rezoning Comments ;,`r !� ra �Lfr•. F1 lit Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis. PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 184 Echo Lane Winchester, VA 22602 Current zoning: wAZoning requested: B2 Fire Marshal's Comments: Fire Marshal's Signature & Date: Telephone: 540-662-57 s2 Acreage: 0.75 / j/.- 0:1 0O Notice to Fire Marshal - Please Return This Form to the Applicant RILCEUVE iD 23 SAP 112020 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:640-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning business Name CRT Properties LLC 194 Echo Ln Winchester, Virginia 22602 Phone: 540-247-1619 Engineering Firm : Painter -Lewis, PLC ;�i�liX� ���i ti)ii T�� r<ii � ll �}�1 ii► Received Date: 09/11/2020 Review Begin Date: 09/14/2020 Review End Date: 09/14/2020 Hours: 0.5000 Adam Hounshe LleutenanUAss Status: Approved Printed Date: 09/14/2020 Occupancy Type: Property Use: Activity Number: 109BJ038 To be completed by Planning Staff Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: CRT Properties LLC Specific Contact Person if Other than Above: Carolyn Turner Address: 424 West Cecil Street Winchester, VA 22601 Telephone: 540-247-1619 Name: Nancy R. Johnson Specific Contact Person if Other than Above: Email: 9athrockmorton@aol.com Address: 2054 Northwestern Pike Winchester, VA 22603 Telephone: Einail: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Painter -Lewis, PLC Specific Contact Person at Firm: John Lewis Address: 817 Cedar Cedar Creek Grade Suite 120 Telephone: 540-662-5792 Email: Jclewis@painterlewis.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): CRT Properties LLC 5. Property Information: a. Property Identification Number(s): 53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 b. Total acreage of the parcel(s): 0.75, 1.25, 1.0, 1.0, 0.84 c. Total acreage of parce](s) to be rezoned (if other than whole parce](s) is being rezoned): .75 d. Current zoning designation(s) and acreage(s) in each designation: RA -Rural Areas Deistrict e. Proposed zoning designation(s) and acreage(s) in each designation: B2-General Business District f. Magisterial District(s): Gainesboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 194 Echo Lane 118 Echo Lane h. Adjoining Properties: Parcel ID Number 53-A-74 52-A-D 52-A-M 53-A-68 Use residential commercial vacant vacant Please attach additional page(s) 11 necessary. Zoning B2 132 B2MS Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. _. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map [✓ Plat Depicting Metes/Bounds of Proposed Zoning [✓] Lnpaet Analysis Statement �✓ Proffer Statement (if any) ✓� Agency Comments ✓[] Fee [✓ Copies of Deed(s) to Property(ies) [✓ Tax Payment Verification ❑✓ Digital copies (pdf s) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L(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. /j OwnLA — Date/a i � moo_ er: j� C --cam lc /tL� If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L(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. Owner: anntm,_ Date `E-t 9 -a oa l If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Rez. #03-21 CRT Properties LLC PINS 53-A-73, 53-A-74 53-A-75, 53-A-76, 53-A-77 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 217d floor of the Frederick Count) Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Wal-Mart Real Estate Business Trust P.O. Box 8050 Bentonville AR 72712 Property # 52-A-D Name Primax Properties LLC Attn: Adam F. Sellner 1100 E. Morehead St Charlotte, NC 28204 Property # 52-A-M Name Winchester Medical Center P.O. Box 2280 Winchester, VA 22604 Property # 53-A-68 NameFirst Bank c/o Accounting Dept. 1835 Valley Ave nchester, VA 22601 Property # 52-A-L Name Winchester e 'cal en er. P.O. Box 2280 Winchester, VA 22604 Property # 53-A-68B Name Spring Arbor of Winchester LTD 800 Hethwood Blvd Blackburg, VA 24060 Property #53-A-82 NameThe Marathon Bank c/o United Bank Attn: Angie Boar 514 Market St. Parkersburg, WV 26101 Property # 53B-3-5 Name Property # Name Property # 16 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Wcbsite: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Nancy R. Johnson Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, die name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 118 Echo Lane Winchester, VA 22603 540.665-8982 Telephone Number Mailing Address of Property Owner/Applicant as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, .Virginia, identified by following property identification numbers: 53-A-75 53-A-76 53-A-77 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attorney -In -Fact 817 Cedar Creek Grade Suite 120 540.662.5792 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behaU of an enti State of V 1 rG,) rt . .-County/City of l O 141 C .I.Q-'n)-e-r— , To wit: I, 1)-Q n&-- L. —Mo rib gs a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the nie before me in the�juriisdfilctiion aforesaid this 9-01 day of n' �20D1. My Commission Expi 'A Notary Public Registration Number: DENISE L. THOMAS NOTARY PUBLIC Commonwealth of Virginia --ram—e iora tin t tnnRR My Commission Expires August 31, 2023 c0G Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us , 4 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: CRT Properties LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own die property or arc applicants, an executed power of attorney from each owner will be needed. 424 W. Cecil Street Winchester, VA 22601 540-247-1619 Telephone Number Mailing Address of Property Owner/Applicant as owner of, or applicant with respect to, the tracts) or parcels) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-73. 53-A-74 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attomey-In-Fact 817 Cedar Creek Grade Suite 120 Mailing Address of Attorney -In -Fact 540.662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: Z Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf of an entity) State of �ITLC.�tI.1lE� r,,.:.,ggunty/City of To wit: I, 9t-1 L G1 NQPublic in and for the jurisdiction aforesaid, certify that the person who si led the f$egoi> l�nstruI .A personally appeared before me and has acknowledged the same be or m i t % kiri4Rctiot> tforc#A I ti day off �L�r202v : COMtvIISSION �'— n NUMBER = Q I �jp Z4 My Commission Expires: Notary P i • • • -�Q IZegistration Number: 'I �'•o l`F'��LTH DF�.•• 190010052 ' N Pursuant to §17.1-223 (B), of'f1ie Code of Virginia, the existence of title insurance is unlGiown to the preparer of this instrument. Prepared by Michael Hirsh, - Virginia Bar Number: 36569 Return to: Old Towne Title Co., 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED, made this !� day of �� 20, t , by and between JANICE PAIGE L' LEWELLYN and SIIA ANN DEHAVEN, Heirs to the Estate of ELVA E. HIiJFFMAN, deceased, (hereinafter, "Grantor") and CRT PROPERTIES,. Virginia Limited Liabh tax �1�� nh fl<ar, " r�rltpc�� ,u^sm address is: . ''��t f'rY''�- I WITNESSETH: That for and in consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nances thereto belonging, situated in Frederick County, Virginia, about two miles Northwest from Winchester on the East side of the Lane running from the Northwestern Grade to the Charles Lupton form, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker McC. Bond, S.F. C. August 3, 1942, and recorded with a deed rec- orded in DB 185 at Page 568. 1aa1 r)eS1dRo It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page 568. — The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H. Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last •Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F.• Huffman and Elva Huffman. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva F. Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court.of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. This conveyance is made subject to all easements, and building or use restrictions of record, including, but not limited to, those for public roads and highways,'restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to All applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seal; (seal) rICE PAIGE LL ELLYN ; (seal) M RSHA ANN DEHAVEN STATE OF Vk i CITY/COUNTY OF i to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby' certify thajyt�te AIGE LLEWELLYN h s ersonally ne he sa a of me in tljc . City/Cou aforesaid, on this �� day of 2 n Notary P lic Print Na Registrati Number: My Coin, tssion Expires: Jeaotfer, Ono Sacco Notsrryy PuNk Reg #319342 . CommoaweaJtL o My Comsiluton Explrea STATE OF CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that MARSH NN DEITAVEN�!�ay ally si t sam bef me in the �f City/Countyaad S e aforesaid, on this of 20, . Notary P Print Nai Registrat My Coin umber: )n Expires: 1✓:r.�vc�•rr.�.rirr�r.�rrrrrrrirr.. ;•,-.ram/..•-...n•: sa• ••�'•'�' �:•s �f i .:iy �� VIRGINIA: FREDERICK COUNTY.SCT. This Instrument of writing was produced to me on C/ t'6—g 1 t at 1 �3 Pry\ and with certificate acknowledgement thereto annexed was admitted to record, Tax imposed by Sec. 58.1-802. of and 58.1-801 have been paid, if assessable. eke-,u J, z , Clerk _V M a N. E� s3-4--)7 I,, I Or .:LARA IIAIIN RENNER I, CLARA IIAIIN RENNER, of Frederick County, Virginia, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby r.voki-ig any and all Wills and Codicils by me at may tirn(; herelofore made. FIRST, 1 direct that all army just debts nod funeral expenses be paid. SECOND: I leave my entire estate, both real and personal, and wherever siuualed, of vdtich I may die seized and pos.essed, ui lu which I may he entitled at the time of i y de,dlt, to my daughter, NANCI' RENNER JOHNSON. In the event the said Nancy Renner h uison hat predeceased me or does not survive me more than 48 hours, then and in that event, I leave my estate ;u her sour, DANIEL EDWARD J011NSON.. TI IIRD: ! nominate and appoint my daughter, Nit NC V ItENNER JOIINSON, as Executrix of m-• Last Will and Testamenl. In the event that my Executrix is unable or unwilling to serve in that capneiiy, 1 nominate and appoint DANIEL EDIVARD JOHNSON, as Executor. No cutely on any bond shall be required of any fiduciary nominated in this Will. FOURTH: In addit.on to llte pnwers now or hereafter granted by law, every lducinry serving hereunder shall have all the powers listed in §0,1.1.57, Coda of Virginia, as it, eftccl on [lie date of mty death. IN WITNESS WIMMOF, I have hereunto set my hand this4Z11—ct(lay of September, 1998. SL•AI-) CLARA HAHN RENNER The foregoing; inslrttatCIII, subscribed at the end thereof by CLARA I IAI IN RENNER, ilia above named Testatrix, and by her signed, published and declared to be her Last Will and Testament in the presence of us and each of us who in liar presence and at her request and in llte presence of each other subscribe our names as attesting witnesses upon lite day ol'the (late ))ofEnid Will. , _JIa 1,) �,i� D_QLAM1 rtAresiding at � kj7 t) kI t lAlltMa.Ua_Y �P71b v� n (�f � —f7 .,:•��2l��- d!/� � �/ •raiding at 1.: �ILl..�:"'' r:;L�rf�---- Before me, the undersigned aulhorily, on Ihis day personally appeared CLARA IIAI IN RENNER,_ Jn t�llt% •�. .9tr[4x Fund —SSi, �L_y)) 2C•:'a( known So me to be the Ttstnlrix and ilia wilnr:ssrs, respectively, whose names are signed to tlue attached or foregoing instrument, and all these persons being by ate first duly Evert, CLARA HAIIN RENNER, Ilia Testatrix, declared to me and to the witnesses in my presence that said instrument is her- last Will and Testament and that she had willingly signed the saute and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed; that said witnesses stated before me that die foregoing Will was executed and acknowledged by the Testatrix as her Les, Will and Testament in the presence of said witnesses, who, in her presence and at her requcsl, and in the presence of each other, did subscribe their names as attesting witnesses on die day of the dale of said Will and that the •resmtHx, at the time of the execution of said Will, was over tlic age of eiglncen (18) ycats, and of sound and disposing mind and memory ,\TESTATRIX — wrt-YmSS WITNESS STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to-:vil: Subscribed, sworn and acknowledged before mu by CLARA HAIIN RUNNER, the Testabix, and subscribed and sworn to before me by �.anrl�t�.4 D.rti.;�,tCt3nd Witnesses, this day ofSept;mben, 1998, My commissiun expires Notmy public------ 190010052 ' N Pursuant to §17.1-223 (B), of the Code of Virginia, the existence of title insurance is unknown to the preparer of this instrument. Prepared by Michael Hirsh, - Virginia Bar Number. 36569 Return to: Old Towne Title Co., 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED, made this day of ,', by and between JANICE PAIGE L' LEWELLYN and MAXSI1A ANN DEHAVEN, Heirs to the Estate of ELVA E, HUFFMAN, deceased, (hereinafter, "Grantor") and CRT PROPF,RTIFS Virginia Limited Liabll n��hrrpinafjer.,r�3r t")�3{h�Osylta�na�Ds+is: W I�T/NYEE SStSLE T H: That for and in consideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convoy, with GENERAL; WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nances thereto belonging, situated in Frederick County, Virginia, about two miles Northwest from Winchestcr on the East side of the Lane running from the Northwestcm Grade to the Charles Lupton farm, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker MeC. Bond, S.F. C. August 3t 1942, and recorded with a deed rec- orded in DB 185 at Page 568. Cal»esbp40 _' �a_ It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, iecorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page o 568. -- N The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H. Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last•Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F. Huffman and Elva HuflFinan. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva F. Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. This conveyance is made subject to all casements, and building or use restrictions of record, including, but not limited to, those for public roads and highways, restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to all applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seal, (seal) J,QyVICE PAIGE LLEWELLYN v QJkJ —•G o— (seal) MAAARSHA ANN DEHAVEN c-� 0 n % N. STATE OF �j/ _ W CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that�{ANIC . AIGE LLEWELLYN h ersonally • ned he sa a of me in �}}e, City/Coutftj/�n late aforesaid, on this �5�� day of 20 � J �� J Notary P lic Print Na Registmti t Number. EEE My Comn fission Expires: '�f • paae>9 JeCUMr.4%a Sam Nwrry� Public Reg Q 193<2 . `� M Comte 00 STATE OF V CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for tilt City/County and State aforesaid, do hereby certify that MARSH DEHAVEN has pars natty si sam � bef rcrme in the p, City/County a d S • c aforesaid, on this MImy of 20�. Notary P 1 Print Nam Registrati umber: My Cotnmt on Expires: Jraatfcrr1�•e•X) Sacee R� Ip1� Com�oos+►altb CMa�+tca VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on �/ 410-11 et�1Y\ and with certificate acknowledgement thereto annexed was admitted_te record. Tax imposed by Sec. 58.1.802 of and 58.1-801 have been paid, If assessable. /, Clerk 53,A"'-7/ o 150009814 Grantee's Address: 424 West Cecil street Winchester, VA 22601 Consideration: SO.00 - Exempt - §58.1-811 (A)(1 0) Assessed Values 5623,000.00 This instrument was prepared without title exandnatlon by: John 14. Truban, Virginia State Bar No. 15789 Owen and Truban, P.L.C. P. O. Box 267, Winchester, VA 22W The existence ojlUle insurance is unknown to the Preparer. THIS DEED, made and dated this 29'h day of September, 2015, by and between CAROLYN R. TURNER, called the "Grantor," and CRT PROPERTIES, LLC, a Virginia Limited Liability Company, called the "Grantee." The Grantor desires to convey the property described below to the Grantee which is controlled by Grantor in accordance with the provisions of the Internal Revenue Code of 1986. This conveyance is exempt from the recording tax in accordance with Virginia Code Section 58.1-811(A)(10). Accordingly, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the'Graritor does grant and convey with General Warranty and English covenants of title unto the Grantee all of the Grantor's right, title and interest in and to'the following described property, to -wit: [164 Ecxo LANE, WINCHESTER, VIRGINIA 22603-3909, TAX MAP liD No. 53-A-74] All that of that certain lot or parcel of land, together with all rights, rights -of .way, privileges and the appurtenances thereunto belonging, containing one (1) acre and forty-nine (49) square poles, more or less, lying about two and one- half miles Northwest of Winchester in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described by the survey of C. G. Davis, Surveyor, which is set forth in a Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 206 at Page 172. AND BEING the same property conveyed to. Carolyn R. Turner from Bernard L. Turner and Carolyn R.Turner by Deed dated May 21, 1.999, of record in the aforesaid Clerk's Office in Deed Book 938 at Page 150. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property conveyed by this deed. This conveyance is made subject to all legally enforceable restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above described property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. n fV CD IN WITNESS WIMREOF, the undersigned have set their hands and seals all as of the day and year first above written. CAROLY R.TURNER COMMONWEALTH OF VIROINIA CITY OF WMCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this 29'' day of September, 2015 by Carolyn R. Turner. Notary Public DEBRA L CARHAUGH NOTARY PUBM CORIfrMWOOM of vknfrtN . Reg. 01i M Mlfcwwrjq me V31/mb %/1K(31N1A: FR21)ERiCK000NTY.SCI. This instrument of writing was produced to memo❑ at vo and with certitiratc acknowledgemcnt.thereto annexed was admitted to record. Tax imposed by Sea 58.1-802 of $, and 58.1-801 have been paid, if assessable. 464t t Clerk JflLxpj 6/9n1 V.PfY.r. ,,.1MGRFm MQfll /++M� N [rr►� R� l.. eK919PG0552 THIS ABED made and dated this 0J day of May, 1994, by and between CLARA H. $EW2, Widow, party of the first part, hereinafter called the Grantor; and, NANCY RHHHBR joogoj, party of the second part, hereinafter called the Grantee. WITHESSETH: That for and in consideration of the sum of Ten Dollars pio.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, r the Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in fee simple, all that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, contianing 1 acre, more or less, lying and being situate about one-half (1/2) mils West of Winchester, in Gainesboro Magisterial District, Frederick county, Virginia, and being the same property conveyed to Paul C. Renner and Clara fi. Renner, his wife, by deed dated April 13, 1979, of record in the Clerk's office of the circuit Court of Frederick County, Virginia, in Deed Book 507, Page 219, to which reference is made for a pore particular description and derivation of title, the snid Paul C. Renner having since died. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, 1 I I f3K919PGO553 affecting the aforesaid property. WITNESS the following si Lgnature and seal: C...KI&4 rJb,�,,,� (SEAM Clara H. Renner STATE OF VIRGINIA, AT —LARGE, 1 CITY OF WINCHESTER, to -wit: The foregoing instrument waU acknowledged before me ' this _LC)— day of Hay, 1994, by Clara it. Renner, Widow. � 199'1 Hy commission expires `1110.i 31 � Ck dt r Notary Public i I COYYI p, � 5 S i 4 6z T a CAI I ';, )Y 31N�• l AI.-�11QnO.- �,•t WWNIA: FREDIMOKOOUNTY-BCT- ' 1 ThI Ingliumint 1 wdtln0 wag to on .1/��j. dyy of 19 el and w1u, csAllloata of cknowlodpmanl Ihorolo annaRed i wo ►dmIttad Ic reco,d, Tax Mnpmd by 8eo, W-1.M 01 I .I and 6e.t.801 haw Doan peld- N assessablo. tsc� i i 2 r �r� Prim *d On f0ffl52007 By PAINTER LEMS PLC 876 0,616111 _T515'( 6HPIM J. REMPM, SR., XT M To t DBBD KSM 13. JOHN50N, BT UX iksoMor8 TNIS 01SED made and dated this loth day of December, 1984, by and between CHARLES J.. RENNER, OR. . and HILDA RENNER, his whet ROY A. RENNER and EUNICE RENNER, his wifet HALTER E. RENNER, Singlet PAUL C. RENNER and CLARA H. RENNER, his wife, of the one part, hereinafter called the grantors, and ROBERT B. JOHNSON and NANCY R. JOHNSON, his wife, of the other part, here- inafter called the Grantees. WITHESSMi That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general wArranty and English cove- nants of title, unto the Grantees, jointly, as tenants by the entirety, with the* right of survivorship, as at common law, in fee simple, all that aextain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate just west of the City of Winchester, in Gaineaboro Magisterial District, rrederick county, Virginia, fronting the Northern boundary lines of U. $. Route 50, said parcel described as Lot•A, containing 1.000'Aeres, by plat and survey of Lee A. Ebert, C. L. S., dated February 7, 1984, of record in the'Clerk's. Office of the Circuit Court of Frederick County, Virginia, in Deed Book573,Pages487.wA 488,to which plat reference is here trade for a more particular description of the property.herain conveyed and derivation of title. Fircii;ro'dF'40d'd:;2-✓ij uy'r)aii7 Ei. M. ;J "nMe". XAMA= A Lxxaux BK �6PCg79 This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting tho aforesaid property, including those shown on the f aforesaid plat. WITNESS the following Aignatures and sealsi Id 1 Itti�� ✓ 1l o .,� �, % cSEAL) C ar es Re Sr. l V . Et'�•L,� - ,!: � x LtJ SEAL) ' Hilda Renner Raw, 4 AG4,wNf/' (SEAL) Roy '. Renner G 2�111 t¢ Jt+�?ttLj (SEAL) Eunice Renner */6. /1 (SEAL). Walter E. /�Rjenner N1112-ji2ar ^ (SEAL)a4 Pau C. Re/n�nery� /C IT d0A'a. / 1.2i'." </t/ (SEAL) C are If. Renner J STATE OF VIRGINIA, AT -LARGE, M COUNTY OF FREDERICK, to -Stitt The foregoing instrument was acknowledged before mo y this _l.q_ day of December, 1984, by Charles J. Renner, Sr., and Hilda Renner, his wife. My commission expires �.b-�— ., Notary PUI5110 2 _ t 511812021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O. BOX 225 WfNCHCSTTR, VA 22604-0225 C. WILLIAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 73 Accountlf: 8014310 1)cptn Tf&eo Segr; Owner Name [till Dole De.cr:plirrn Tns ['aid CRT RE2020 8473 1 PROPERTIES 4/13/2020 .75 ACRE $344.96 LLC CRT RE2020 8473 2 PROPERTIES 4/13/2020 .75 ACRE $220.15 LLC Total Paid: $565.11 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this W I Print This Page https://fctaxes.Go.frederlck.va.uslApplications/TR_PayTaxeslPdntYeadyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O.13OX 225 WINCIIESTER, VA 22604-0225 t-' C. WILLIAM ORNDOFF, rit Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 74 Accormt#: 8014311 [ Deph4 Tichel4l Sect,; jowncr Name (Sill Dale — ---__ llcscriplion Iax 1'aicS RE2020 8474� 1�PROPERTIES car 4/13/2020 1.25ACRES S1,939.50 LLC -- — � 1.25 ACRES $1,923,24 RE202C 8474 2 CRT PROPERTIES 4/13/2020 LLC I Total Paid: $3,862.74 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Pecs. I Closes Window Print This Page https:Mctaxes. co.fred edck.va.us/Applications/TR_PayTaxes/Prl ntYe a dyTaxes. aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FRE>vERICK i .; r�:• P.O. BOX 225 WINCHESTE•R, VA 22604-0225 C. WILLIAM ORNDOFI', JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 76 AccountH: 8014313 j Ihput "l'icG.IIIl Scy;t ;Owucr \amc hill Date De;criplinn —I-- Tax l'ai0 RE2020 19496 JOH, ISON I NANCY R 4/13/2020 1.00 ACRE _ 4/13/2020 �1.00 ACRE $1,896.80 ,RE2020i 194961 2 JOHNSON NANCY R — $1,896.79 Total Paid: $3,793.59 This amount represents payments applied during calendar year 2020 and does not include I'malty, h)terest or Credit Card Fees. Close this Window Print This Page https://fctaxes.co.fededck.va.us/AppliGatlons/TR_PayTaxesIPrintYearlyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK P.O. BOX 225 NVINCIMSTGR, VA 22604-0225 C. WILLIAM ORNOOFF, )It Reel Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 75 Accountf/: 8014312 Dept) I'Icl:ct.: Scy IOuucr X;une Btll Uatc --- ---- --- — lhxtripliun --- — -- Tax Pald JOHNSON I RE2020 19497 INANCY 4/13/2020 II.00ACRE $1,449.36 RENNER _..--- — — - JOHNSON RE2020 19497 2 NANCY 4/13/2020 1.00 ACRE $1,449.36 RENNER ___— . Total Paid: $2,898.72 This amount represents payments applied dining calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page https://fctaxes.co.frederick.va.uslApplicationsfrR PayTaxesIPrintYeariyTaxes.aspx 1/1 5/18/2021 Frederick County Taxes Paid COUNTY OF FREDERICK CO. BOX 225 I,z�h-s•�" WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFP, IR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 77 Account#: 8014314 INN,, Tic6cla Scy; Owner Name ISM Mile j llcscvipliu❑ 'Ihx Paid JOHNSON I RE2020 19498 1 NANCY 4/13/2020 1.84 ACRE $1,350.85 RE NER JOHNSON RE2020 19498 2 NANCY 4/13/2020 i.84 ACRE $1,350.84 RENNER -- _ Total Paid: $2,701.69 This amount represents payments applied during calendar year 2020 and does not include Penalty, interest or Credit Card Pees. Close this Window] Print This Page https://fctaxes.co.frededck.va.us/ApplicationsfTR_PayTaxesIPrintYearlyTaxes.aspx 1/1 0 • July 27, 2021 Painter -Lewis, PLC Attn: Mr. John Lewis S 17 Cedar Creek Grade Suite 120 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: REZONING #03-21 CRT Properties, LLC. PINS: 53-A-73, 53-A-74, 53-A-75, 53-A-76 and 53-A-77 Dear Mr. Lewis: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2021. Tlic above -referenced application was approved to rezone .75 acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. The properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gaincsboro Magisterial District and are identified by Property Identification Numbers 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. The proffer statement originally dated December 7, 2020, that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §16.5.102.06E, the Count', Attorney Neill present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: J. Douglas McCarthy, Supervisor Gainesboro District Kevin W. Kenney, PC Chairman and Charles E. Triplett, Gaincsboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution CRT Properties LLC, Attn: Carolyn Turner, 424 W. Cecil St., Winchester, VA 22601 Nancy R. Johnson, 2054 Northwestern Pike, Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter To: J Douglas McCarthy; Kevin Kenney; Charles Triplett Subject: Rezoning Approvals Attachments: CRT Properties, LLC #03-21 Approval.doc; Greystone Properties #02-21 Approval.cloc Good morning, Please find attached the two approval letters for the CRT Properties and Greystone Properties from Ms. Perkins. If you should have any questions, please contact her. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: J Douglas McCarthy Sent: Wednesday, July 28, 2021 10:43 AM Subject: Delivered: Rezoning Approvals Your message has been delivered to the following recipients: J Douglas McCarthy (dmccarthy_ fcva.us Subject: Rezoning Approvals Pam Deeter From: Microsoft Outlook To: Kevin Kenney Sent: Wednesday, July 28, 2021 10:43 AM Subject: Relayed: Rezoning Approvals Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Kevin Kenney (kkenneybuildings a gmail.com) Subject: Rezoning Approvals COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 November 12, 2020 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning for CRT Properties Property Identification Numbers (PIN): 53-A-73 Dear Mr. Lewis: I have had the opportunity to review the draft rezoning application for CRT Properties LLC. This application seeks to rezone .75 acres from the Rural Areas (RA) District to the B2 (General Business) District with proffers. 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. Round Hill Land Use Plan. The 2035 Comprehensive Plan and Round Hill Land Use Plan provide guidance on the future development of the property. The 2035 Comprehensive Plan identifies this property with a commercial land use designation and is within the limits of the Sewer and Water Service Area. The proposed B2 Zoning is consistent with the goals of the Plan. 2. Proffer statement. All proffers that would apply to this property should be included in the statement, not the reference to the proffers for Rez 408-08. The 2008 proffer is specific to acreage associated with those properties; this .75-acre property cannot be added to an older proffer. It is also recommended that all properties included with the 2008 rezoning be included with this revision. 3. Transportation Comments. Comments from John Bishop, Assistant Director - Transportation. With the applicant's willingness to abide by the existing proffer on the neighboring property this rezoning is expected to generate no additional traffic generation or entrances onto the public road system. As such, staff has no comments at this time. Staff may also provide additional comments related to the CRT Properties Rezoning November 12, 2020 Page 2 proposed changes if warranted subject to adjustments requested by VDOT or should there be changes to the proffers that warrant additional comment. 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, Frederick Water, Health Department, and the County Attorney. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,075 based upon acreage of .75 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: jclewis@painterlewis.com Subject: Proposed rezoning for CRT Properties Attachments: Preliminary Comments.docx Good afternoon, Please find attached the preliminary comment letter from Ms. Perkins for the CRT Property. Should you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: Candice Perkins Sent: Thursday, November 12, 2020 11:31 AM To: Pam Deeter Subject: Preliminary Comments.docx Attachments: Preliminary Comments.docx Please email once completed to John Lewis - jclewis(pipainterlewis.com Thanks, CP Pam Deeter From: Mail Delivery Subsystem <postmaster@mail.warrensys.com> Sent: Thursday, November 12, 2020 1:33 PM To: Pam Deeter Subject: '[External]'Message delivered: Proposed rezoning for CRT Properties Attachments: ATT00001; Proposed rezoning for CRT Properties This is an informative message sent by mail.warrensys.com. The server has successfully delivered your mail message Subject: Proposed rezoning for CRT Properties Date: Thu, 12 Nov 2020 18:32:43 +0000 to the following addresses: <jclewis@painterlewis.com> (delivered) a s To be completed by Planninng Staff.- Fee Amount Paid Zoning Amendment Number Anticipated PC Hearing Date In 0 2 i Date Received 5 ��t Anticipated BOS Hearing Date a t E 7_ REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: CRT Properties LLC Specific Contact Person if Other than Above: Carolyn Turner Address 424 West Cecil Street Winchester, VA 22601 Telephone: 540-247-1619 Name: Nancy R. Johnson Specific Contact Person if Other than Above: Email: gathrockmorton@aol.com Address: 2054 Northwestern Pike Winchester, VA 22603 Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Painter -Lewis, PLC Specific Contact Person at Firm John Lewis Address: 817 Cedar Cedar Creek Grade Suite 120 Telephone: 540-662-5792 Email: Jclewis@painterlewis.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 9 4. Project Name (if any): CRT Properties LLC S. Property Information: a. Property Identification Number(s): 53-A-73,53-A-74,53-A-75,53-A-76,53-A-77 b. Total acreage of the parcel(s): 0.75, 1.25, 1.0, 1.0, 0.84 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 75 d. Current zoning designation(s) and acreage(s) in each designation: RA -Rural Areas Deistrict e. Proposed zoning designation(s) and acreage(s) in each designation: B2-General Business District f. Magisterial District(s): Gainesboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 194 Echo Lane 118 Echo Lane h. Adjoining Properties: Parcel ID Number Use Zoning 53-A-74 residential B2 52-A-D commercial B2 52-A-M vacant B2 53-A-68 vacant 82MS Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement Z Proffer Statement (if any) 171 Agency Comments F✓ Fee ❑✓ Copies of Deed(s) to Property(ies) EZI Tax Payment Verification ❑✓ Digital copies (pdf's) of all submitted items Page 14 • 9 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L.(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. Owner: Date/� i Z>c�_ If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. L(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. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 ADJOINING PRQPERTY OWNERS. -- Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. [Name and Property Identification Number Address NameCRT Properties LLC 424 W. Cecil Street Winchester, VA 22601 Property # 53-A-74 Name al -Mart Real Estate Bus. Trust P. O. Box 8050 Bentonville, AR 72712 Property 4 53-A-D Name Primax Properties LLC 1100 E. Morehead Street Charlotte, NC 28204 Property P 53-A-M Name Winchester Medical Center P. O. Box 2280 Winchester, VA22604 Property # 53-A-68 Name PrProperty# Name Property r Name Property # Name Property # Name PrProperty# 0 2. Location Map Property Map - Frederick County, VA � 1 w Q til Mi�(;aR p. A�RrnT 2 y 9t ��� 2{ • � PAC i i QV tis� rr b; C C _S Frederick County Information Technologies 107 N Kent St Winchester, VA 22601 r 540-665-5614 Frederick Carrry does not give any expressed or irrvied Merrenbes. n 2F() 520 1,040 Fee' cnnd'Z:s. repro sentahons. ndermiees of arty kind. staf if ry or otherwiseconcemng arty or aH ofthe Frederick County GIS dare 1:6. 000 9 0 a,. 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: Nancy R.Johnson Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the none of the entity should appear above. If multiple persons o%vn the property or are applicants, an executed power of attorney from each owner will be needed. 118 Echo Lane Winchester, VA 22603 540.665-8982 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-75, 53-A-76, 53-A-77 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attorney -In -Pact 817 Cedar Creek Grade Suite 120 Mailing Address of Attorney -In -Pact 540-662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to the and act on my behalf with respect to application with Frederick County, Virginia for the followin 1, for the above identified property: Q Rezoning Subdivision Conditional Use Permit Site Plan 8 Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behallg of an enti State of V l r'00 Yl. Zounty/City of (AD 111 G(,U To wit: 1, e- n i Zb — p m CjS a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrunlent personally appeared before me and has acknowledged the m before me in the jurisdiction aforesaid this clay ofri �, 2001. My Commission Gxpi s,.A u 1 � Notary Public Registration Number: 0 ( D t; DENISE L. THOMAS NOTARY PUBLIC Commonwealth of Virginia My Commission Expires August 31, 2023 COG Special Limited Power of Attorney c� ti County of Frederick, Virginia Frederick Planning Website: wwwAva.us flu 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: CRT Properties LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attomcy from each owner will be needed. 424 W. Cecil Street Winchester, VA 22601 540-247-1619 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-73.53-A-74 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attorney -In -Fact 817 Cedar Creek Grade Suite 120 Mailing Address of Attorney -In -Fact 540-662-5792 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ❑✓ Rezoning Subdivision Conditional Use Permit Site Plan 8 Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: none This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature �� F Title (if signing on behalT of an entity) State of t t i lla r , .,ggunty/City of h�t� t �- , To wit: C �F ublic in and for the jurisdiction aforesaid, certify that the person who sigyted the f&egolt4�l�nstrut�l tii. er-<onally appeared before me and has acknowledged the same be - r m i t % •uris(fictiotiafortf>1 I this : `Q day oNgL(-,i'1ViL�r202c� COMIvilSSION c� ; NUMBER YI �vO 7�� w �Y' 7515 M Commission Expires: 15-1 Notary l' W6;l ; `'� _ • �Q Registration Number: —16✓ 1 f�' ALTH (F 5. Ltd Power of Attorney ORDINANCE • Action: PLANNING COMMISSION: June 16, 2021 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: Julyl4, 2021 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 03-21 CRT PROPERTIES, LLC WHEREAS, REZONING #03-21 CRT PROPERTIES, LLC., was submitted by Painter -Lewis PLC, to rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 16, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 14, 2021; 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 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 to rezone .75 acres frorn RA (Rural Areas) District to the B2 (General Business) District with proffers,, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres, all as shown on the proffer statement bearing signature date December 7, 2020. 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 14" day of July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Steginaier Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye VIRGINIA. FREDERICK COUNTY, SCT. This instrument of writing was produced to me on � - 4 &02 at�Lqm. and with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ m , and 58.1-801 have been paid, if assessable A COPY ATTEST Mary T. P ice Interim County Administrator PDREs#23-21 210013004 PROFFER STATEMENT CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Nancy R. Johnson 2054 Northeastern Pike Winchester, VA 22603 Property: 0.75 acres PARCEL ID: 53-A-73 And Proffer Revision to Rezoning #08-08 PARCEL lDs: 53-A-77,53-A-76,53-A-75,53-A-74 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007006 PROFFER STATEMENT 75, 53 ((A)) 76, 53((A)) 77 C PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) c, INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # a 3- 21 for the rezoning of 0.75 acres, Parcel #53-A-73 from RA to B2, and the revisions proposed to the Proffers associated with Rezoning #08-08, the development of these parcels will be in conformity with the terms and conditions set forth in this document and with the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owners agree to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as "CRT Properties, LLC Exhibit I", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named "GDP". 2.) Route 50 Right of Way Improvements The owners will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization The owners will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the owners will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by PROFFER STATEMENTi 9 PARCEL ID 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 c.- VDOT and no signalization agreement is executed, the owners agree to pay $150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 4.) Monetary Contribution to Frederick County Service Organizations The owners will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 50 Buffer The owners agree to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right- of-way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the owners will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any fagade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. 7.) Location of Parking The owners agree that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The owners agree to limit the gross commercial floor area that will be built on the 4.90 acres to 36,000 square feet. PROFFER STATEMENT PARCEL 1D 53 ((A)) 73, 53 ((A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53((A)) 77 C7 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 53 ((A)) 73, 5P(A)) 74, 53 ((A)) 75, 53 ((A)) 76, 53 )) 77 Submitted By: CRT Properties LLC Carolyn Tunny' Sole Owner and Managing Member Date: /a 02 (5 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged by Carolyn Turner. My commission expires on T'o b@%'ec. mt , tljis .70 • Z MY �•• - r.9MI+d1�SION : Q C) NUMBL-K ; Z 7515853 : 0 'lid '•. . �� kC) day of 4 PROFFER STATEMENT* PARCEL ID 53 ((A)) 73, 53 ((A)) Submitted By: Nancy R. Johnson Nancy R. JoWson Date: • 74,53 ((A)) 75,53 ((A)) 76, 53((A)) 77 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: T e fo egoing instrument was acknowledged before me per( by Nanc R. Johnson. My commission expires o 1.�LOD3 \1Q_tL�� - Notary Public this o day of pFlJl�r L. THOMA NOTARY PUBLIC of 'Virginia Rec istr2 ,, to +.390 i8 �',omr<uss:on t 31, 2023 120 0 120 / I III Scale In Feet I �I I p;i';MI CIO f� I: I Z 23 I =Ffr I ' _ p zo i I L up two - PAINTER-LEWIS, P.L.C. PROJECT: SURVEY- cNA 817 cedar Creek Grade, suite 120 GENERALIZED DEVELOPMENT PLAN DRAWN BY: JOB No.: CRT PROPERTIES LLC 2007006 Winchester, Virginia 22601 SCALE EXHIBIT CO 1 SHOW DATE Telephone (540)662-5792 FREDERICK COUNTY, VA. SHOWN 12/07/20 CONSULTING Facsimile (540)662-5793 SH' GDP ENGINEERS Email off iceOpointerlewis.com 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: Painter -Lewis, PLC Mailing Address: 617 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Current zoning: RA Winchester, VA 22602 Telephone: 540-662-5792 Zoning requested: B2 Acreage: 0.75 Virginia Department of Transportation Comments: The documentation within the application to rezone this property appears to have little measurable impact on Route `n This rnii e is the VDnT roadway wbirh has been considered as the arracc to tha prnpprty Vnr1T is caticfiari that the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020 address transportation concerns associated with this request. Before development this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off site road 6 ight-Y-Way must be covered under a land ure & VV6TIAignatDate: o Notice to VDOT - Please Return Form to Applicant 21 v(OY-.1 OJJ' J-T Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Current zoning: RA Winchester, VA 22602 Zoning requested: B2 Telephone: 540-662-5792 Acreage: Frederick -Winchester Health Department's Comments: n4, S a FFI c E- )414 :� nl C) Ta 1-11E �)0_5T C �F,viZ_ Cc.*,M�Qe��ti vu�l-L �T Health Dept. Signature & Date: Notice to Health Department - Please Return This Form to the Applicant 27 Rezoning Comments Frederick -Winchester Service Authority Mail to Hand deliver to: Fred-Winc Service Authority Fred-Winc Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 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: PaInter-Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade Sulte 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Acreage: 0_75 Fred -Wine Service Authority's Comments: / Fred-Winc Service Authority's�— Signature & Date: Yn���1 a _.. ___._.. Notice to Fred -Wine Service Authority - Please Return Form to Applicant 34 7j u Rezoning Comments Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Marling Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoniIlg: RA Zoning requested: B2 Telephone: 540-662-5792 Acreage: 0_75 Frederick Water Comments: Water an Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Notice to Frederick Water - Please Return This Form to the Applicant Frederick Water Signature & Date: _ )lL.S%LULU _ 26 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. Applicants Name: Painter -Lewis, PLC _ Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade suite 120 Location of property: 194 Echo Lane _ Winchester, VA 22602 Current zoning: RA _ _ "Zoning requested: B2 Acreage: 0.75 Department of Public Works Comments: >� ter, p►� lam►, s ,^e �� �,�✓ _-,� l� ,�G� _ _ �—�e 1,-�.-�_ 7 tblic Works Signature & Date: P>. b � - Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 0 • Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 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: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 're lepllo n e: 540-662-5792 Acreage: 0.75 Fire Marshal's Comments: Fire Marshal's Signature & Date: ldG--� ` / r�/ f 0 000 Notice to Fire Marshal - Please Return This Form to the Applicant XR-i2l c -'X V 13— LD 23 S p 11 2020 0 • Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name CRT Properties LLC 194 Echo Ln Winchester, Virginia 22602 Phone: 540-247-1619 Engineering Firm : Printed Date: 09/14/2020 Painter Lewis, PLC .... �.. ..a.+sl, +s: ,.. .. ..� ..Ms.a}i.,<.�.. ... .se.. k..... 1...._... .'i . 1...,.t... y�! .j•.,.a3> , Received Date: 09/11/2020 Review Begin Date: 09/14/2020 Review End Date: 09/14/2020 Hours: 0.5000 Adam Hounsheli Lieutenant/Assistant Fire Marshal Occupancy Type: Property Use: Activity Number: 109BJ038 Page 1 of 1 i 0 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Painter -Lewis, PLC Mailing Address: 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Location of property: 194 Echo Lane Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department of Par Telephone: 540-662-5792 Acreage: 0.75 Recreation - Please Return This Form to the Applicant 24 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 12, 2020 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning for CRT Properties Property Identification Numbers (PIN): 53-A-73 Dear Mr. Lewis: I have had the opportunity to review the draft rezoning application for CRT Properties LLC. This application seeks to rezone .75 acres from the Rural Areas (RA) District to the B2 (General Business) District with proffers. 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. Round Hill Land Use Plan. The 2035 Comprehensive Plan and Round Hill Land Use Plan provide guidance on the future development of the property. The 2035 Comprehensive Plan identifies this property with a commercial land use designation and is within the limits of the Sewer and Water Service Area. The proposed B2 Zoning is consistent with the goals of the Plan. 2. Proffer statement. All proffers that would apply to this property should be included in the statement, not the reference to the proffers for Rez #08-08. The 2008 proffer is specific to acreage associated with those properties; this .75-acre property cannot be added to an older proffer. It is also recommended that all properties included with the 2008 rezoning be included with this revision. 3. Transportation Comments. Comments from John Bishop, Assistant Director - Transportation. With the applicant's willingness to abide by the existing proffer on the neighboring property this rezoning is expected to generate no additional traffic generation or entrances onto the public road system. As such, staff has no comments at this time. Staff may also provide additional comments related to the 0 • CRT Properties Rezoning November 12, 2020 Page 2 proposed changes if warranted subject to adjustments requested by VDOT or should there be changes to the proffers that warrant additional comment. 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, Frederick Water, Health Department, and the County Attorney. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would UqIrWFWrW upon acreage of .75 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 0 0 John Lewis —Z oU-1cq�) (,' From: Helm, Richard <rhelm@fredwin.com> Sent: Thursday, September 17, 2020 12:20 PM To: jclewis@painterlewis.com Subject: CRT Enterprises Echo Lane Attachments: D00095.pdf Hey John, AS Frederick Water technically owns the sewer capacity in the county, FWSA defers comment to FW. Dick Helm Executive Director Frederick -Winchester Service Authority rhelm n fredwin.com 540-722-3579 (o) 540-664-2092 (cell) **` VIRGINIA FREEDOM OF INFORMATION NOTICE "* NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. i 0 6. Agency Comments 9 9 IMPACT ANALYSIS STATEMENT CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 Gainesboro Magisterial District December 7, 2020 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 2007026 IMPACT ANALYSIS v"fATEMENT • CRT Properties LLC — Botanical Boulevard IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 7 K. REZONING #08-08 PROFFERS 7 page 2 IMPACT ANALYSIS VATEMENT • CRT Properties LLC — Botanical Boulevard L INTRODUCTION CRT Properties LLC (the owner) proposes to rezone one parcel of land located at 194 Echo Lane in Frederick County, Virginia. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by the Tax Map Number 53-((A))-73. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The total area of the request is approximately 0.75 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. This parcel lies adjacent to another property owned by CRT Properties LLC identified by the Tax Map Number 53-((A))-74. The property was the subject of a 2008 rezoning #08- 08 which included Tax Map Numbers 53-((A))-75, 53-((A))-76, and 53-((A))-77. These four properties are bound together by common proffers associated with the 2008 rezoning. These proffers include making improvements to the road infrastructure of Route 50 and Botanical Boulevard, the construction of pedestrian facilities, the location of access from Botanical Boulevard, limits on new building floor area, contributions to Fire and Rescue service organizations, and parking lot location. It is the intent of the owner to bind this 0.75 acres to the proffers associated with the four parcels which were the subject of Rezoning #08-08. A. SITE SUITABILITY The Frederick County Comprehensive Plan shows that the area containing the site is within the Round Hill Community Land Use Plan area. Commercial and medical use development is identified along Route 37 and Route 50. Immediately to the west of the site is land which was rezoned to B2 in 2003 under the name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access roads have been constructed along with several smaller, commercial projects. Significant improvements to Route 50 and the Route 37 access ramps have occurred in association with these two rezoning and development projects. Botanical Boulevard, a future major collector road, has been constructed parallel to the eastern boundary of the site. Botanical Boulevard is a public roadway. The right of way is separated from the site by a 40' wide strip of land owned by Winchester Medical Center, LLC. The applicant is in negotiations with Winchester Medical Center for permission to access the site from Botanical Boulevard. Sound planning policy will limit the number of points of access along Route 50 due to the high volume of traffic and number of lanes. The applicant intends to develop the site using Botanical Boulevard as the main point of access in coordination with the other parcels mentioned above as the subjects of the 2008 rezoning. Along with the development of this parcel, the owner will agree to abide by the proffers which were submitted and approved with the 2008 rezoning. A revised Proffer page 3 100 0 100 Z& M im� Scale in Feet / EX. 20' FCSA WATER do SANITARY / SEWER EASEMENT WAL—MART REAL ESTATE BUSINESS TRUST TM52—A—D ZONED: B2 WINCHESTER MEDICAL CENTER INC USE: COMMERCIAL TM53—A-68 ZONED: B2MS / USE: COMMERCIAL _ EX. 20' FCSA \ / WATER \ / SANITARY CRT PRO ES LLC SEINER TM53—A-73 EASEMENT / PRIMAX PROPERTIES LLC ZONED: RA / TM52—A—M U E:. R D ZONED: B2 USE: VACANT 20' PRIVATE STOR DRAIN EASEMENT / Vfi BOTANICAL ASC REAL ESTATE LLC CRT PROPERTIES LLC TM53—A-68E TM53—A-74 ZONED: B2MS ZONED: B2 / USE: VACANT USE: RESIDENTIAL i077. EX. zD' o�►,E / RAIN STORM D—` \ DRAIN \ EASEMENT NANCY RENNER JOHNSON / TM53—A-75 ZONED: B2 USE: RESIDENTIAL PAINTER-LEWIS, P.L.C. PROJECT: SURVEY: c.IA 817 Cedar Creek Grade, Suite 120 EXHIBIT 1 DRAWN BY: JOB NO.: Winchester, Virginia 22601 PARCEL LOCATION P-L 2007006 Telephone (540)662-5792 CRT PROPERTIES LLC SHowN 8/25/20 Facsimile (540)662-5793 FREDERICK COUNTY VA. CONSULTING SHEET: ENGINEERS Email office®painterlewis.com EXHIBIT 1 IMPACT ANALYSIS PATEMENT CRT Properties LLC — Botanical Boulevard u Statement and Generalized Development Plan are shown in Section 8 of this application. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property is gently sloping from the northern side of the site in a southeasterly direction. There are no steep slopes on this site as defined by the Frederick County Zoning Ordinance. MATURE WOODLANDS There are no mature woodlands located on this site. Existing vegetation is of the type that is typically associated with residential development in rural areas. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%). These soils are part of the Frederick- Poplimento-Oaklet association which are gently sloping to very steep, very deep, well - drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, and SC. B. SURROUNDING PROPERTIES The parcel to be rezoned is currently bordered to the south by another parcel owned by CRT Properties LLC. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2. The subject parcel is bordered on the east by TM# 53-A-68 which is owned by the Winchester Medical Center and beyond that is the Botanical Boulevard right of way. The parcel with the TM# 53-A-68 is also to the north of the parcel to be rezoned. Surrounding properties are shown on Exhibit 1. Tax Map No. Owner Ex. Zoning Ex. Use 53-A-74 CRT PROPERTIES LLC B2 Residential 52-A-D WAL-MART REAL ESTATE BUSINESS TRUST B2 Commercial 52-A-M PRIMAX PROPERTIES LLC B3 Vacant 53-A-68 WINCHESTER MEDICAL CENTER INC B2MS Vacant Access to the subject parcel is currently via Echo Lane. Echo Lane is a private access road which intersects Route 50. Once this property is developed in conjunction with the other four properties which were the subject of Rezoning #08-08, the Echo Lane access page 4 IMPACT ANALYSIS I ATEMENT • CRT Properties LLC — Botanical Boulevard will no longer be used. The Echo Lane right of way is shown on Exhibit 2, "Parcel Metes and Bounds" on the following page. C. TRAFFIC Since this parcel will be subject to the development restrictions identified in the proffers associated with Rezoning #08-08, no additional traffic will be generated as a result of this rezoning. D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is generally sloping from the north to the south-southeast. Surface water crosses the site and collects along the south bound lane of Botanical Boulevard on the eastern portion of the site. The existing stormwater system in the Botanical Boulevard right of way conveys runoff to the east along the Route 50 right-of-way, under Route 37, and eventually discharges to Abrams Creek. Any development on this site can be expected to increase storm water runoff. Storm water management facilities will be constructed as required as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. The storm water detention facility which was constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. The drainage system on the Valley Health property located to the east of the site was designed to intercept and channel stormwater flows across their property and under Route 50. Drainage patterns and topographic information is contained on Exhibit 3 on the following page. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located on Route 522 north of the site near its intersection with Indian Hollow Road approximately 2 miles north of the subject page 5 60 0 60 / Scale in Feet / / EX. 20' FCSA / WATER & SANITARY SEWER EASEMENT INSTR. WAL— MART / #080006461 REAL ESTATE WINCHESTER TM52—A—D MEDICAL CENTE ZONED: B2 / TM53—A-68 USE: RETAIL s INSTR. #08000 461 82 63E � 00 % e7 / / / Q o � / V � I O IjA� CRT PROPERTIES LLC / o / 03 TM53—A-73 / / ZONED: RA / USE: RESIDENTIAL j0.75 ACRES �EX. 20' FCSA WATER / SAN TAR& SEWER EASEMENT 4S$3 INSTR. #080006461 / EX. 20' PRIVATE / STORM DRAIN EASEMENT / / INSTR. #080006461 / PROJECT: PAINTER-LEWIS, P.L.C. OTHERS NA 817 Cedar Creek Grade, Suite 120 EXHIBIT 2 DRAWN BY: JOB No.: Winchester, Virginia 22601 PARCEL METES &BOUNDS P-L 2007006 Telephone (540)662-5792 CRT PROPERTIES LLC SCALE: DATE: Tele p FREDERICK COUNTY, VA. SHOWN 8/25/20 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®pointerlewis.com IXHIBIT 2 IMPACT ANALYSIS VATEMENT • CRT Properties LLC — Botanical Boulevard parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $750 in tipping fees will be paid to dispose of 15 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are nine identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and the Folk Victorian Farmhouse have apparently been razed. The location and proximity to the subject parcel can be seen in Exhibit 4 on the following page. The subject property is not located in an area considered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been included following Exhibit 4. Nevertheless, this general area was peripherally involved in at least the Second Battle of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort Milroy. It was from the high view of Bowers Hill that the Confederate generals, including Ewell and Early, made their plans to attack the Union forces. The plan involved swinging infantry to the south of the subject property to a position west of Fort Milroy. The gently rolling land just north of the subject property provided the path for the Confederate forces to attack Fort Milroy. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. page 6 m m 0 Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carysbrook Redoubt 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites Civil War Battlefields Tannery o 00.51 2 3 4 5 6 I I I I I I I Miles Reynolds Store Cross Junction Gainesboro Shawneeland O Civil War Battlefields & Sites (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook 0 Albin O 15 37 Round Hill � Winchester ,•� j 1 J 17 11 O y � 2035 Comprehensive Plan Adopted January 25, 2017 :� IMPACT ANALYSIS RATEMENT CRT Properties LLC — Botanical Boulevard EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning and subsequent development, the boundary line between TM#53-A-73 and TM#53-A-74 will be vacated. This consolidation will likely occur with development. K. REZONING #08-08 PROFFERS It is the intent of the owner to comply with the proffers associated with Rezoning #08-08. These proffers are currently on file with the Frederick County Department of Planning and Zoning. page 7 7. Impact Analysis Statement IAM 0 190010052 ' N Pursuant to §17.1-223 (B), of the Code of Virginia, the existence oj*title insurance is unknown to the preparer of this instrument. Prepared by Michael Hirsh, - Virginia Bar Number: 36569 Return to: Old Towne Title Co., 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED, made this aed\a_y ofqj__&_d�C,20_A , by and between JANICE PAIGE LLEWELLYN and b;iAffS14A ANN DEHAVEN, Heirs to the Estate of ELVA E. HUFFMAN, deceased, (hereinafter, "Grantor") and CRT PROPERTIES.La Virginia Limited Liabil, sty � ny4h nmaf r, " r t� v�hosg,tax � n� •a ss�is: WITNESSETH: That for and in consideration of Ten and 00/I00 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nances thereto belonging, situated in Frederick County, Virginia, about two miles Northwest from Winchester on the East side of the Lane running from the Northwestern Grade to the Charles Lupton farm, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker McC. Bond, S.F. C. August 3, 1942, and recorded with a deed rec- orded in DB 185 at Page 568. CU1 n e5.>nX Q It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page 568. The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and Testament, recorded in Will Book 64, at Page 574, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H. Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last •Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F. Huffman and Elva Huffman. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva E: Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 180000211, in the Office of the Clerk of the Circuit Court.of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This copveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. This conveyance is made subject to all easements, and building or use restrictions of record, including, but not limited to, those for public roads and highways,'restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to all applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seal; Q .elO ~ (seal) rICE PAIGE LL LLYN ; (seal) M RSHA ANN DEHAVEN —�o c-� c) VkSTATE OF CITY/COUNTY OF , to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that ANIEWELLYN li s ersonally s' ned he sa e of �e intl City/Cou n Crtate aforesaid, on this Am day of , 2 Notary P lic C Print Na Registrati Number: My Coin ission Expires: t Sacco blic 342 , EX] o STATE OF CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do Hereby certifythat MARSH NN DEHAVEN has ers nall si t same bef me in the ,O, P Y City/County aad S - e aforesaid, on this Way of , 20�. Notary P 1 Print Nam : Registration Tumber: —_ My Commi , on Expires: 1Je alfer W, tcO 7Reg 19342 �j Nots Mill Com ,. Y' VIRGINIA: FREDERICK COUNTY.SCT, This Instrument of y writing was produced to me on 'Ab—I 1 gat � '• 4 Lpry, and with certificate acknowledgement thereto annexed was admitted tp record. Tax imposed by Sec. 58.1-802 of U/ , and 58.1-801 have been paid, if assessable. eki�eu S% Clerk 53- -4 -%7 sic i I l: r l I lY;l�, vnly..0 vrr.-a4 �; OF ':LARA HAWN IZENNI R I, CLARA IIA11N RENNER, of Frederick County, Virginia, being ofsound and disposing mind and memory, do hereby make. publish ;ntd declaw tliis to be nry Last Will and Tesurincnl, hereby r-vokivg mry and all Wills all(] Codicils by 'Ile at any lir4. herclofore made FIRST I direct that all ofnlyjusl debts ail rancid expenses be paid SECOND: I le.rve lily entire estule, bosh real and personal, and whmevei situaled, ol'whiell I play die seieed and pusSused, rn to tvhich I nary be entitled al the lien of illy dearth, to lily daughter, NANCY RENNER JOHNSON. In dle event dic said Nancy Renner Johnson has predeceased me or does not survive nlc mm c than 48 hours, then and in that event, I Icavc illy estate ;o her son, DANIEL EDWARD JOIINSON.. THIRD. ! nonlinale and appoint my d:mghler, NANCY RENNER JOIINSON, as Executrix of nr• Last Will and Testament In the event thal my Execiltri>: is unable or unwilling to serve in that capacily, 1 nonliame and appoint DANIEL F:DWARD JOHNSON. as Executor Nu nnety on any bond shall be required of any fiduciary uorunulied in this Will FOURTH In addit.on to tllc powers now or Ilcie:dler giantcd by Iaw, every fiduciary serving hereunder shall have all the powcls li.,ted in §64 1-57, Code ol•Vii!;inia, as iu eflecl oil the date of illy deadl ocp,cnwc�, i i;+a. � %l 0�rn._i•.vrt (SEAL) CLARA HAHN RENNER The foregoing instrument, subscribed at the end thereof by CLARA I IAIiN RENNER, the above named Tustatrix, and by her signed, published and declared to be her last Will and Testament in the presence of us and each of us who in her presence and at her requet t and in the presence of each other subscribe our names as attesting witnesses upon the day of the date ))ofsaid Will. �lP1 I—kU residing at _�11A e lk ' LlfWvt ; Y(J�i�t,yup, residing at _!l/i�11.o`------ Before me, the undersigned authority, on this day personally appeared CLARA HAHN RENNER, _ t t 1. . 9Li.[ 4 ?and _ O 1-- !�) . 2C . �G , known S� me to be the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and all these persons being by me first duly sworn, CLARA HAHN RENNER, the Testatrix, declared to me and to the witnesses in my presence that said instrument is her Last Will and Testament and that she had willingly signed the same and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed; that said witnesses stated before me that tire foregoing Will was executed and acknowledged by the Testatrix as her Las, Will and Testament in the presence of said witnesses, who, is her presence and at her request, and in the presence of each other, did subscribe their names as attesting witnesses on the day of the date of said Will and that the'restatrix, at the time of the execution of OKII7,GI176 said Will, was over the age ofeighteen (18) years, and ofsound and disposing mind and memory TESTATRIX i WI ESS -- WITNESS STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER. to-tviC Subscribed, sworn and acknowledged before me by CLARA HAHN RENNER, the Testatrix, and subscribed and swom to before me by e:% tlKr.le li,C!' r'h1!�r�.11 %La'sL1E-r x witnesses, this J- day of Septembers, 1998. My commission expires_.__. .3 3 9 q — otary Public 01 190010052 S�A�3 Pursuant to §17.1-223 (B), of the Code rf 1fi-gh ta, the existence of title Ins[n-ante is unknown to the preparer of this instrument. Prepared by Michael Hirsh, - Virginia Bar Number: 36569 Return to: Old Towne Title Co., 420 W. Jubal Early Drive, Suite 201, Winchester, VA 22601 Property Address: 194 Echo Lane, Winchester, VA 22602 Tax ID: 53 A 73 Consideration: $200,000.00 Assessed Value: $113,100.00 THIS DEED, made this day of , 20_ I , by and between JANICE PAIGE L' LEWELLYN and MA S A ANN DEHAVEN, Heirs to the Estate of ELVA E. HUFFMAN, deceased, (hereinafter, "Grantor") and CRT PROPERTIES,, u`Virginia Limited LiabI14t� nIhn i nat�er,�'(�rF t�") hos�itax�itigl'�ipg address is: WITNESSETH: That for and inconsideration of Ten and 00/100 Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantor does hereby grant, bargain, sell, and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto the said Grantee, in fee simple, the following described property, to -wit: All of that certain tract of land, together with all the improvements thereon, rights and appurte- nances thereto belonging, situated in Frederick County, Virginia, about two miles Northwest from Winchester on the East side of the Lane running from the Northwestcm Grade to the Charles Lupton farm, containing 3 rods and 6 sq. poles and more particularly described by a plat and survey made by Walker McC. Bond, S.F. C. August 3, 1942, and recorded with a deed rec- orded in DB 185 at Page 569. Ga)nes.bveo -Di sSWCt- It being the same property conveyed to Grover H. Clevenger and Minnie C. Clevenger, his wife, by Deed from Charles R. Hoover, a widower, dated August 1, 1942, recorded August 29, 1942 in the Clerk's Office of the Circuit Court of Frederick, Virginia, recorded in Deed Book 185, Page o 568. -- N• The said Minnie C. Clevenger died testate October 11, 1962, and by her Last Will and N Testament, recorded in Will Book 64, at Page 574, in the Office ofthe Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her husband, Grover H. Clevenger. The said Grover H. Clevenger died testate March 25, 1964, and by his Last.Will and Testament, recorded in Will Book 65, at Page 509, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised the subject property to Page F. Huffman and Elva Huffman. The said Page F. Huffman died testate February 21, 2018, and by his Last Will and Testament recorded in Court File No. 180000210, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised his estate to his wife, Elva E: Huffman. The said Elva E. Huffman died testate June 13, 2018 and by her Last Will and Testament recorded in Court File No. 1800D021 1, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, devised her estate to her two daughters, Marsha Ann DeHaven and Janice Paige Llewellyn. This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructivo notice. This conveyance is made subject to all easements, and building or use restrictions of record, including, but not limited to, those for public roads and highways, restrictive covenants, utilities, railroads, and pipelines. The conveyance is also subject to All applicable zoning, ordinances, statutes, rules, or regulations, as amended. WITNESS the following signature and seat; J (seal) ICE PAIGE LL LLYN (seal) M RSHA ANN DEHAVEN n� o V W STATE OF � CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that ANIC . AIGE LLEWELLYN Its ersonally ncd he sa a of me in ils City/Coup tate aforesaid, on this �s� day of 20 /—\ T Notary P�i�lie Print Na Registrati Number:" r My Comiffission Expires: hnniftr.cynn a.tto NotaryryPrbYc Reg0319342 . Comraonralth o My Commltdou K STATE OF CITY/COUNTY OF to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that MARSHAANN DEHAVEN has pen Wally si sam bef me in the O! City/County a d S e aforesaid, on this _y of 20�. Notary MIMh �rl Print Nam Registrati umber: My Commt . on Expires: ]t■ntr�r ISnu Saco Noury Prbtic "p319342 Cowuwowunh My CuntobrM Es VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 0 l—Os�� � at 1 • Li y� Pn� and with certificate acknowledgement thereto annexed was admitted to record. Tax Imposed by Sec. 58.1.802 of 1 0/ and 58.1-801 have been paid, if assessable. e4e,u �41a'70' Clerk CD 9150009814 Grantee's Address: 424 West Cecil Street Winchester, VA 22601 Consideration: SO,00 - Dxcmpt - §58.1-811(A)(10) Assessed Value: S623,000.00 77ils Instrument was prepared without title examination by: John W. Truban, Virginia State Dar No. 15789 Owen and Truban, P.L.C. P. O. Box 267, Winchester, VA 22604 The existence oftitle insurance is unknown to the Preparer. THIS DEED, made and dated this 290' day of September, 2015, by and between CAROLYN R, TURNER, called the "Grantor," and CRT PROPERTIES, LLC, a Virginia Limited Liability Company, called the "Grantee." The Grantor desires to convey the property described below to the Grantee which is controlled by Grantor in accordance with the provisions of the Internal Revenue Code of 1986. This conveyance is exempt from the recording tax in accordance with Virginia Code Section 58.1-81 I(A)(10). Accordingly, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the Grantor does grant and convey with General Warranty and English covenants of title unto the Grantee all of the Grantor's right, title and interest in and to the following described property, to -wit: [164 Ectio LANE, WINCHESTER, VIRGINIA 22603-3909, TAX MAP ID No. 53-A-74] All that of that certain lot or parcel of land, together with all rights, rights of way, privileges and the appurtenances thercunto belonging, containing one (1) acre and forty-nine (49) square poles, more or less, lying about two and one- half miles Northwest of Winchester in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described by the survey of C. G. Davis, Surveyor, which is set forth in a Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 206 at Page 172. AND BEING the same property conveyed to Carolyn R. Turner from Bernard L. Turner and Carolyn R. Turner by Deed dated May 21, 1999, of record in the aforesaid Clerk's Office in Deed Book 938 at Page 150. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property conveyed by this deed. This conveyance is made subject to all legally enforceable restrictions, conditions and encumbrances of record and contained in the deeds fonning the chain of title to the above described property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. 0 rV O IN WITNESS WHEREOF, the undersigned have set their hands and seals all as of the day and year first above written. (� /� • EAL) CAROLY'f4 R. TURNER COMMONWEALTH OF VIRGINIA CITY OF WINCI-iESTER, TO -WIT: The foregoing instrument was acknowledged before me this 29`h day of September, 2015 by Carolyn R. Turner. � . a44P-a5�� Notary Public ZEBRA L. CARBAUGH NOTARY PUBM Catxnonweeft of Vjrgk" . Rsp. M 18434 MY Crow "01M EXPIM MUM$ d11WINIA: Fl"%_- DERiCK CO U NTY.SC"t . This instrument of writing was produced to me on , 10 - t1s-odl7V3- at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $, and 58.1-801 have been paid, if assessable. 4e,4 /9 Jgr,) , Clerk 1 F{. eK 019 PG 0 5 5 2 LafUchnwn.Da JRW 6/904 THI5 DEED made and dated this _oIA day of May, 1994, yy� by and between CLM Ii• gME , Widow, party of the first �\/vja part, hereinafter called the Grantor; and, NANCY RENNER % JoSNBON, party of the second part, hereinafter called the Grantee. WITHESSETH: That for and in consideration of the sum of Ten Dollars ($1o.00), and other good and valuable r` consideration, the receipt of which is hereby acknowladaed, the Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in Pee psimple, all that certain lot or parcel of land, together with '9x all rights, rights of way and appurtenances thereto belonging aand improvements thereon, contianing 1 acre, more or less, m lying and being situate about one-half (1/2) mile West of v v x `+ Winchester, in Gainesboro Magisterial District, Frederick a v n County, Virginia, and being the same property conveyed to Paul (�3 C. Renner and Clara H. Renner, his wife, by deed dated April d 13, 1979, of record in the Clerk's Office of the Circuit Court u of Frederick County, Virginia, in Deed Book 507, Page 219, to which reference is made for a more particular description and derivation of title, the said Paul C. Renner having since died. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, v.Frxuraclumoruxh , ......- 1 0 eK319PG0553 I affecting the aforesaid property. j I n WITNESS the following signature and seal: !+ �Y�LG N /�9'r>n+I11G (SEAL) I Clara H. RennuL j I STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrunent was acknowledged before me I this Iu day of May, 1994, by Clara i{. Renner, Widow. Hy commission expires 1,�99y 1 'Q Notary rub ' I I Coma��55ionac), 0.6 ,31lRnoJS� `t I V1ne1NIA: FREOERIC}(COIJNTY.FICT. �I Th InalmmanI t wrltlnp was 6o�/ducoJ to me on the .,Idoy of 1fi LF el and with carlllicata of cknowlodpmanl thoroto annoxod wu a lltod to record. Tax knpoead by Sdo. U.1•CO2 of and 68.t•801 haw ban paid, If aeaecseblo, I i ,AAq C& LAMC.R AL90WNN .wsr.n�t�r.wnliw I Z I II I Prin'•.d On 10,aS2007 By PAINTER LE1MS PLC i CHARI,E<9 J . RED, BR • , ET ALS 1 TO: DXZD ROBEK B. i0iWON, ET UX ���5% eK586pcar8 THIS DEED made and dated this loth day of December, 1984, by and between CHARLES J.; RENNER, OR. - and HILDA RENNER, his wifei ROY A. RENNLR and EUNICE RENNER, his wifef WALTER E. RENNSR, Singlet PAUL C. RENNER and CLARA H. RENNER, his wife, of the one part, hereinafter called the Grantors, and ROBERT B. JOHNSON and NANCY R. JOHNSON, his wife, of the other part, here- inafter called the Grantees. WITNESSETHi That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English cove- nants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, in fee simple, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate just west of the City of Winchester, in Gainesbo w Magisterial District, Frederick County, Virginia, fronting the Northern boundary lines of U. S. Route 50, said parcel described as Lot A, containing 1.000 Acres, by plat and survey of Lee A. Ebert, C. L. S., dated February 7, 1984, of , record in the'Clerk's. Office of the Circuit Court of Frederick County, Virginia, in Deed Book573,Pages 487 and 488,to which plat reference is here made for a more particular description of the rwonsou. tr{ssucY ATT*�.t[1 AT LA., ♦-MR-.Tpt. VtM...t� property herein conveyed and derivation of title. r r . r { r I r• 1 , El 879 I BK596Pcgp9 This conveyance is made, however, subject to all f rights of way, easements and/or conditions of record, if any, affeoting tho aforesaid property, including those shown on the aforesaid plat. W1INESS the following Aignnatures and seals SEAL) 7 C ar ea V Renner, Sr. ll X [.t.J (SEAL) Hilda Renner � 9,0,,¢ ;'4Q41-4` ," (SEAL) r Roy Renner X-114at,✓ (SEAL): Eun ci a Renner r(� %ikyl'fj'.t (SEAL). Walter E. Renner (SEAL) Paul C. Renner pp �Lt tL /� /!YQ/ytirtt/}l (SEAL) Clara H. Renner ;i STATE OF VIRGINIA, AT -LARGE, COUNTY OF FREDERICK, to -wits The foregoing instrument was acknowledged before Re y this day of December, 1984, by Charles J. Renner, Sr., and r Hilda Renner, his wife. My commission expires I 7 o i ANDzawM L.vuucY 1 G 1 I� �n t2 �� j a LAIR" � Notary c A"s� ■"uv � w.wwr.rns rwrra LJ 9 3. Deeds To Parcels 5/18/2021 • Frederick County Taxes Po /// COUNTY OF FI EDERICK •� - P.O. BOX 225 wiNcln:s-mit, VA 2260-1:0225 _ C. WILLIAM ORNDDFF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 73 Accountll: 8014310 D(po; 11r1.CI:: NU(I ORIICI\auIc Bill D.11v -- Uc<rripliu❑ Tax Paid CRT RE2020 8473 1 PROPERTIES 4/13/2020 .75 ACRE $344.96 LLC CRT RE2020 8473 2 PROPERTIES 4/13/2020 .75 ACRE $220.15 LLC Total Paid: $565.11 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this Window I Print This Page https://fctaxes.co.frederick.va.uslApplications/TR_PayTaxesIPrintYearlyTaxes.aspx 1/1 5/18/2021 • Frederick County Taxes Pla COUNTY Or FREDERICK j I r ) RO. Uox 225 + wINci ESTER, VA 2260.1-0225 C. WILLIAM ORNDOIT. JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 74 Accountll: 8014311 U pr Iicl.cr•: seyr: (h ner \;une (till Dole Wwripliu❑ Ian Paid CRT RE2020 8474 1 PROPERTIES 4/13/2020 1.25 ACRES $1,939.50 LLC CRT RE2020 8474 2 PROPERTIES 4/13/2020 1.25 ACRES $1,923.24 LLC Total Paid: $3,862.74 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card fees. Close this ITV I Print This Page https://fctaxes.co.frederick,va. 5/18/2021 Frederick County Taxes Po COUNTY OF FREDERICK + P.O, BOX 225 ' �� '� wINcims-rER, VA 22641-0225 C. WILLIAM ORNI)OFF, 1R Real Estate Taxes Paid for TAX Year 2020 Map Number: 53 A 76 Accountrl: 8014313 Ihpir. Iic6er., 1,e,1,: Unner \:unc Bill U;,te 11esc1 1)11„❑ hl\ Paid RE2020 19496 1 JOHNSON 4/13/2020 1.00ACRE $1,896.80 NANCY R IZL 202 0 19496 2 JOI\C ON 4/13/2020 1.00 ACRE $1,896.79 Total Paid: $3,793.59 This amount rcpresenlS payments applied during Calendar year 2020 and does not include Penally, Interest or Credit Card Fees. Close this Windo I Print This Page https://fctaxes.co.frederick.va.uslApplications/TR_PayTaxesIPrintYearlyTaxes.aspx 1/1 5/18/2021 • Frederick County Taxes Po �y COUNTY Or FREDERICK P.O. 13OX 225 WINCHESTER, VA 2260.1-0225 C. WILLIAM ORNDOFF, A Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 75 Account l: 8014312 �elllc Rill Laic ne.cilpunu rdx raid JOI INSON RE2020 19497 1 NANCY 4/13/2020 1.00 ACRE $1,449.36 RENNER JOHNSON RE2020 19497 2 NANCY RENNER 4/13/2020 1.00 ACRE $1,449.36 Total Paid: $2,898.72 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page https:Hfctaxes.co.frederick.va.uslApplications/TR_PayTaxesIPrintYearlyTaxes.aspx Eff 5/18/2021 Frederick County Taxes Po COUNTY OF FREDERICK . j P.O. BOX 225 N'INCIIhSTr:R, VA 22C0�1-0225 _ C. R'ILLLU1 ORNDOIT, IR Real Estate Taxes Paid for "Tax Year 2020 Map Number: 53 A 77 Accountlt: 8014314 Ik111- Iid".14 Ivq^ 0 let \:uno (tillt).1(( Ihutiptin❑ la%Paid JOHNSON LRE2020 19498 1 NANCY 4/13/2020 .84 ACRE S1,350.85 R-NNLR JOHNSON IRF2020 19498 2 NANCY 4/13/2020 .84 ACRE $1,350.84 REN'NER Total Paid: $2,701.69 This amount represents payments applied during calendar year 2020 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page https:Hfctaxes.co.frederick.va.uslApplications/TR_PayTaxesIPrintYearlyTaxes.aspx IN 4. Taxes Current 0 • Pam Deeter From: Rod Williams Sent: Thursday, August 5, 2021 12:14 PM To: Pam Deeter Subject: FW: '[External]'RE: CRT Properties rezoning Attachments: SAdminFina21080512120.pdf OK — slight further delay on this one too. This explains why you will not yet be getting this one back in the interoffice. 1 From: Rod Williams Sent: Thursday, August 5, 2021 12:13 PM To: John Lewis <jclewis@painterlewis.com> Subject: RE:'[External]'RE: CRT Properties rezoning Hi, John, I write with a brief follow up regarding this rezoning, which the Board of Supervisors approved on July 14. As you know, we record the proffer statements. In the process of recording this proffer statement, the Clerk's Office brought to our attention that the signature page for CRT Properties LLC bears Carolyn Turner's signature but does not indicate any capacity — title — by which she signed on behalf of the LLC. Please see page 4 (Clerk's page PG0008) of the attached. I am assuming that Member or Manager would be the correct title. If it is acceptable to you and Ms. Turner, we can simply type the title in, next to Ms. Turner's signature, and that would be sufficient for the Clerk's Office. So, if you could please let me know which title would be appropriate and whether we may simply type the title in (we would then forward you a copy with that insertion), that would be most appreciated. Thanks so much and my apologies for not noticing this as this went through the process. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: John Lewis <jclewis(a�painterlewis.com> Sent: Friday, June 18, 20214:05 PM To: Rod Williams <rwillia fcva.us>; Candice Perkins <cperkins fcva.us> Subject:'[External]'RE: CRT Properties rezoning Attached is a revise proffer statement. Let me know if you need anything else. John Lewis i i Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 iclewis gpainterlewis.com 540-662-5792 From: office@painterlewis.com <office@painterlewis.com> Sent: Thursday, June 17, 2021 8:23 AM To: John Lewis <iclewis@painterlewis.com> Subject: FW: CRT Properties rezoning From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, June 16, 20214:10 PM To: 'office@ painterlewis.com' <office@painterlewis.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: CRT Properties rezoning John, I just had the opportunity to review the materials for this item on tonight's Planning Commission. Following the Commission's meeting, I have two small legal changes to request to the proposed proffer statement. The first is that, now that both the CRT and the Johnson properties are part of the rezoning and the proffer statement, Ms. Johnson's name also be shown on the cover page of the proffer statement. The other is, for internal consistency and better accuracy of description, to change the references to "applicant" within the proffer statement to "owner". Again, these changes can take place after the Planning Commission meeting. Thanks. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia a(Dfcva.us PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 817 Cedar Creek Grade, Suite 120 fax.: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com 18 May 2021 Ms. Candice E. Perkins, AICP, CZA Frederick County Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 RE: CRT Properties Rezoning Application I have revised the application to include the four properties which were the subject of Rezoning #08-08 and the necessary signatures. Along with this letter you will find a copy of the application and fee check in the amount of $5,075 including all necessary review agency comments plus a CD with a copy of this submission in pdf format. Please let me know if you need any additional information. VERY TRULY YOURS; John C. Lewis, P.E., C.L.A. C: C. Turner N.Johnson Job No: 2007006 Page - 1 Document Approval Form fW'M7WCK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Candic Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): Date & Time 5�/ 518.49i 5/18/2021 Job # : 2007006 CRT PROPERTIES DISTRIBUTE, TO: Candice Perkins Frederick Co. 111annlnQ Painter -Lewis, P.L.C. 817 Cedar Crcck Gradc, Stc. 120 Winchester, VA 22601 I': 540-662-5792 F: 540-662-5793 office Cl )ainterlewis.com FROM: Mr. John C. Lewis FUR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature ( ) Other: QUANTITY DESCRIPTION STAFF 1 Letter & Apphcation JCL i 1 CD ( JCL i -Check - a5,075.00 -Turner JCL SIGNATURE LINE REZONING APPLICATION CRT Properties LLC 424 West Cecil Street Winchester, VA 22601 Property: 0.75 acres PARCEL ID: 53-A-73 And Proffer Revision to Rezoning #08-08 PARCEL IDs: 53-A-77,53-A-76, 53-A-75, 53-A-74 December 7, 2020 Applicant: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel,: (540)662-5792 Email: office@painteriewis.com 0 0 Table of Contents Section Contents 1N Rezoning Application 2. Location Map 3. Deeds To Parcels 4. Taxes Current 5. Ltd Power of Attorney 6. Agency Comments 7. Impact Analysis Statement 8. Proffer Statement 1. -Rezoning Application COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 30, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION 03-21 FOR CRT PROI'ERTIILS LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2021 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Strect, Winchester, Virginia to consider the following application: Rezonnlb #03-21 for CRT Properties, LLC submitted by Painter -Lewis, P.L.C., to rezone .75 acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers, and 4.09 acres front the 132 (General Business) District to the 132 (General Business) District with revised proffers, totaling 4.54 acres. The properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gainesboro Magisterial District and are identified by Property Identification Numbers 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at ww\v.fcva.us/130SMcetini;s (Click on eComment for the July 14, 2021, meeting). Email to County staff at kvacchio a fcva.us or ann.nhillips((i),i'cva.us Mail to Planning Department -July 14, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off you' comments. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hoes of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other itenl(s) to be adopted are available at the Office of Planning and Development or at: www.(cva.us/130SMcetinus . Slilcer 4y� Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on /,Z ZZI from the Department of Planning and Development, Frederick County, irgir ia: 52 - A- - L- 53 - A- - 73- FIRST BANK CRT PROPERTIES LLC CIO ACCOUNTING DEPT 424 W CECIL ST 1835 VALLEY AVE WINCHESTER VA 22601.3706 WINCHESTER VA 22601.6303 53 -A- - 74- CRT PROPERTIES LLC 53 - A- - 68-B 424 W CECIL ST WINCHESTER MEDICAL CENTER WINCHESTER VA 22601.3706 PO BOX 2280 WINCHESTER VA 22604.1480 53 - A- - 75- JOHNSON NANCY RENNER 53 - A- - 82- 2054 NORTHWESTERN PIKE SPRING ARBOR OF WINCHESTER LTD PR WINCHESTER VA 22603.3947 800 HETHWOOD BLVD BLACKSBURG VA 24060.4207 53 - A- - 77- JOHNSON NANCY RENNER 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 52 - A- - D- WAL-MART REAL ESTATE BUSINESS TRUST PO BOX 8050 BENTONVILLE AR 72712.8055 52 - A- - M- PRIMAX PROPERTIES LLC ATTN ADAM F SELLNER 1100 E MOREHEAD ST CHARLOTTE NC 28204.2815 53 - A- - 68- WINCHESTER MEDICAL CENTER INC PO BOX 2280 WINCHESTER VA 22604.1480 STATE OF VIRGINIA COUNTY OF FREDERICK 53B .3- - 5- THE MARATHON BANK CIO UNITED BANK ATTN ANGIE BOARD 514 MARKET ST PARKERSBURG WV 26101.5341 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. I, &, (� Q Q , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice C. Perkins, Assistant Director for the Department of P17ar1r ing and Development, whose name is signed to the foregoing, dated Z / , has personally appeared before me and acluiowledged the same in my State and C unty aforesaid. Given under my ]land this \3 day of q-ul� aU My commission expires on ��,� a 0 Tc=balQ S�t1= NOTARY PUBLI.CEETER -fig' PUBLIC ;I;" I fIATION A 354474 c:�I4VEAI 11-I OF VIRGINIA 1�51!;;iIU�J EXPIRES 3i,2021 Go to averycom/templates 1 very Template 5161 1 53 -A- - 76- JOHNSON NANCY R 2054 NORTHWESTERN PIKE WINCHESTER VA 2 03.3947 53 - A- - 76- JOHNSON NANO 2054 NORTHV STERN PIKE WINCHESTO VA 22603.3947 Allez a avery.ca/gabarits Utilisez le Gabarit Avery 5161 1 COUNTY of FREDERICK Department of'Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 2, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #03-21 FOR CRT PROPERTIES LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 16, 2021 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-21 for CRT Properties, LLC submitted by Paintcr-LeNvis, P.L.C., to rezone .75 acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers, and 3.09 acres from the 132 (General Business) District to the I32 (General Business) District with revised proffers, totaling 3.54 acres. The properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gainesboro Magisterial District and arc identified by Property Identification Numbers 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. Citizens wishing to make public comment on a public hearing item arc strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/PCMcetin�s (Click on eComment for the June 16, 2021, meeting). Email to County staff at kvacchio(a)Icva.us or sconncr((1),I'cva.us Mail to Planning Department -June 16, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601 . Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above itcm(s) may be addressed to the Department of' Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMectints. Sincerely, Candice E. Perkins, AICP, Assistant Director CEP/pd 107 North Kent Strcet, Suite 202 • Winchester, Virginia 22601-5000 E This is to certify that the attached correspondence was mailed to the following on (; 1,21 Z I from the Department of -Planning and Development, Frederick r. County, Virginia: 53 • A• 68- 53 • A. • 73• WINCHESTER MEDICAL CENTER INC CRT PROPERTIES LLC PO BOX 2280 424 W CECIL ST WINCHESTER VA 22601.3706 WINCHESTER VA 22604.1480 53 • A• - 74- CRT PROPERTIES LLC 424 W CECIL ST WINCHESTER VA 22601.3706 53 - A- - 75- JOHNSON NANCY RENNER 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 53 - A- - 76- JOHNSON NANCY R 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 53 - A- - 77- JOHNSON NANCY RENNER 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 52 - A- - D- WAL-MART REAL ESTATE BUSINESS TRUST PO BOX 8050 BENTONVILLE AR 72712.8055 52 - A- - M- PRIMAX PROPERTIES LLC ATTN ADAM F SELLNER 1100 E MOREHEAD ST CHARLOTTE NC 28204.2815 52 • A• • L- FIRST BANK CIO ACCOUNTING DEPT 1835 VALLEY AVE WINCHESTER VA 22601.6303 53 - A- - 68-B WINCHESTER MEDICAL CENTER PO BOX 2280 WINCHESTER VA 22604.1480 53 - A- - 82- SPRING ARBOR OF WINCHESTER LTD PR 800 HETHWOOD BLVD BLACKSBURG VA 24060.4207 53B - 3- - 5- THE MARATHON BANK CIO UNITED BANK ATTN ANGIE BOARD 514 MARKET ST PARKERSBURG WV 26101.5341 andice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREIDERICK I, 1(�(3,,,Y)w,,ic;. �� , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plam lig and Development, whose name is signed to the foregoing, dated co i 2 d , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this c�), day of My commission expires on c /yt,C NOTAI Y j1BL.i...�..�...-=J —. LZOZ'Lc-u39W3O30 ;,3�jIdX:3 NOISSIWW00 AW Vlm`vqv t1L,9E It(t N01L3d S� 3H O0 )IlBfid uJvLON L1'a1330 �,'i Md 53B - 3- - 5- THE MARATHON BANK CIO UNITED BANK ATTN ANGIE BOARD 514 MARKET ST PARKERSBURG WV 26101.5341 Pam Deeter From: Candice Perkins Sent: Wednesday, June 16, 2021 12:18 PM To: Pam Deeter Subject: PC agenda cover I -or (:R1' — the agenda corer shows3.09acres existing B2 and the total as 3.94 acres — should show 4.09 for existing and 4.94 for total. V"hat did the legal ad and adjoiner letters show% Submitted by Painter -Lewis, P.L.C., to rezone .75 acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, and 3.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 3.84 acres. The properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gainesboro Magisterial District and are identified by Property Identification Numbers 53-A- 73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. Staff report: .75 acres from RA (Rural ;areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. Candice Candice Perkins, AlCP, CLA Assistant Director Frederick County Department of Planning & Development 1O7 North Kent Street Winchester, Virginia 22601 Phone. (540) 665-565 1 Fax: (540) 665-6395 F-mail: rnerkinsnfcva.us "We do make a difference - one way or the other. We are responsible for the impact of our lives. \Xhatever we do with whatever eve have, we leave behind us a legacy for those who follow." - Stephen Covey 1 Rez. #03-21 CRT Properties LLC PINS 53—A-73, 53—A-74 53—A-75, 53—A-76, 53—A-77 t� 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 2nd11oor• of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Wal-Mart Real Estate Business Trust P.O. Box 8050 Bentonville AR 72712 Property # 52-A-D Name Primax Properties LLC Attn: Adam F. Sellner 1100 E. Morehead St Charlotte, NC 28204 Property# 52-A-M Name Winchester Medical Center P.O. Box 2280 Winchester, VA 22604 Property ## 53—A-68 Name First Bank c/o Accounting Dept. 1835 Valley Ave Winchester, VA 22601 Property ## 52-A-L Name Winchester ed•cal Center P.O. Box 2280 Winchester, VA 22604 Property # 53-A-68B Name Spring Arbor of Winchester LTD 800 Hethwood Blvd Blackburg, VA 24060 Property #53-A-82 Name The Marathon Bank c/o United Bank Attn: Angie Boar 514 Market St. Parkersburg, WV 26101 Property ## 53B-3-5 Name Property # Name Properly # 16 • Pz��s 53 q_ ,3� 53r 1� 53-.A- �15 3-A- 53 -A- 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 2ndfloor of the Frederick County Administrative Building, 107 North Kent Street. -1-7 10: LANCL-VA7 OCESSINCi FROM: PA M -PLAN NCB D><PT. Plea4e/ Pri*it ----- ------- gftvf label* by ----- (_Q Li 1 2,1 --------- Tha.n,k. Yowl L ADJOINING PROP. Name and Property Identification Number Address Nan 'e RT F,, ope s L 424 W. Cecil Street Winchester, VA 22601 Pro rtv - 7 Namc Wal-Mart Real Estate Bus. Trust P. O. Box 8050 Bentonville, AR 72712 Propert) - 2 - — D Name Primax Properties LLC 1100 E. Morehead Street Charlotte, NC 28204 Propem 5 2- - A/ Name Winchester Medical Center P. O. Box 2280 Winchester, VA 22604 Property # 53-A-68 Name Property # S 2 -- - L Name Property # Name Property # 3 — %- Name Property #5 Name Property # m 0 9 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 05/19/21 REQUESTED COMPLETION DATE: 06/03/21 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 53-A-73. 53-A-74. 53-A-75. 76. 77 DESCRIPTION OF REQUEST: Rez. 03-21 CRT Properties LLC. RA to B2 & B2 to B2 There are 5 PINs Thank You! Submit Pam Deeter From: Candice Perkins Sent: Thursday, June 3, 2021 12:08 PM To: Pam Deeter Subject: CRT rezoning I just noticed the legal ad and adjoiner letter show the wrong acreage — its 4 acres not 3 Rezoning #03-21 for CRT Properties, LLC submitted by Painter -Lewis, P.L.C., to rezone .75 acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, and 3.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. The properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gainesboro Magisterial District and are identified by Property Identification Numbers 53- A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. Candice Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 E-mail: cperkinsnae,fcva.us www.fcva.us "We do make a difference - one wa whatever we have, we leave behind COUNTY of FREDERICK Department of Planning and Dexelopment 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 2, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #03-21 FOR CRT PROPERTIES LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 16, 2021 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester. Virginia to consider the following application e_ '-T J . q v q Rezong #03-21 for CRT Properties, LLC submitted by Painter -Lewis, P.L.0 to rezone JS acres fro�7t (Rural Areas) District to the B2 (General Business) District with proffe , and 3.O�cres from the B2 (General Business) District to the B2 (General Business) District with proffers, totalin97..n_1 9 acres. The properties are located Gainesboro Magtstenal District and are identified by Prope Identification Numbers 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77. a— fiv 41 JVAA-4� Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in W) writing rather than in person at the meeting. Comments on the above may be submitted to thee/Ir'/ commission via: Electronic commenting on the County website at ����_��, ,.0 M %lectin (Click on eComment for the b/V� June 16, 2021, meeting). Email to County staff at L\acchit,,i i�:%a u, or s,:onneru 1r\,Au, Mail to Planning Department -June 16. Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries conceming the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PC Meetings. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director QCEP/pd 7 CZa�� "'r"A '-� 107 'North Kent Street. Suite 202 • Winchester. Virginia 22001-5000