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HomeMy WebLinkAbout06-22 Tasker Warrior Properties LLC - Shawnee PIN 75-A-104E B2 to Revised Proffers - Backfilei M U REZONING TRACKING SHEET Chpf-L I ict• Application Form J Fee & Sign Deposit Proffer Statement Deed 17 Impact Analysis Plat/Survey _ Adjoiner List Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated g Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive 5 as Application Action Summary updated Scan additional items as needed (Project Planner to direct) n Planning Commission Meeting ACTION: WR e � ( ►/ � _ fl `t D' Board of Supervisors Meeting ACTION: 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 la(A a 2;2, Reference manual updated C k D-base updated 161 td- Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # NOTES RECEIPT DATE V 1Sl7e NO. 320469 RECEIVED FROM IQ S' Ca V W Ck V y 11�C, l: 1 p ( oye r �}� I� , 6 C ADDRESS P- U. 'BCX q(i 0 S9 l O a 0 i15 f VA Z 6055 f vi Tho vSo+ ,, d �.i o li r 6d fi 4u e /U, �,-So - oc; FOR ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. � f I (SO 0 CHECK PAID (/ b �f UV BALANCE MONEY DUE ORDER S A -lG1- T (. S ix4 - /j BY 001 IMQT--W- 1 BL808 REZONING APPLICATION #06-22 TASKER WARRIOR PROPTERIES LLC Staff Report for the Planning Commission Prepared: August 18, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/07/2022 Pending Board of Supervisors: 09/28/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING COMMISSION IVIEETIN'G: This is a proposal to amend the proffer statement approved with REZ #04-18 (Tacker Road & Warrior Drive Commercial Properties LLC). The proposed amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by -right development of a financial institution/bank on the subject property. No other provisions in the previously approved proffer statement are proposed to be amended. The 8.5-acres subject property is zoned B2 (General Business) District and located in the Shawnee District. Followin,- the required public hearing-, a decision regarding this r•e,-oniutr application by the Board o SuLervisors would be arpropriate The Apg ic'aut Should he prepared to adeariatehl address all concervrs raised by the Board of'Supervisors. Rezoning #06-22 — Tasker Warrior Properties, LLC August IS, 2022 Page 2 This report is pi'eplired by the Frederick County Planning Stliff to prol'ille ill foi'llllitioll to the Planning Commission and the Board of Supervisors to assist them in making a tlec Sion on this llpplicatloll It nlay also be Useful to others interested in this zoning matter. Unresolved issues concernink, this 11pplic(ition are noted bl, stliff Where relevant throlighout this stuff report. PROPOSAL: The proposed rezoning (proffer amendment) seeks to modify the hours of operation approved with REZ #04-18 and to allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by -right development of a financial institution/bank on the 8.5-acre subject property. LOCATION: The subject property is located at the northwest corner of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUNIBER: 75-A-104E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) South: RP (Residential Performance) East: B2 (General Business) Use: Vacant/Undeveloped Use: Open Space Use: Commercial West: RP (Residential Performance) Use: Residential/Open Space Rezoning #06-22 — Tasker Warrior Properties, LLC Aumist 18, 2022 Page 3 REVIEW EVALUATIONS: Planninl j & GollinLy: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #002-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. On February 13, 2019, the Board of Supervisors approved RLZ #04-18 which rezoned 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. REZ #04-18 restricted hours ofoperation for all land uses that are permitted within the B2 District portion of the property by requiring the businesses to be closed to the public from 1 1:001)m to 6:00am. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide For making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compaliblil>> The 2040 Comprehensive Plan and the Southern Frederick Ladd Use P1a17 (SoFrecl) designate the subject property as part of the "Tasker/Warrior Neighborhood Village." The property is also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The area plans states that within this "neighborhood village" is a small-scale commercial area is sensilive to the existing residential character of the area, in particular the scale of the ac jacenl neighborhoods, yet seeks to bind upon the existing commercial character ofthis in lei The con iniercial land uses shall be ofageneral scale and context slmilcn' to projects such as Creekside. The existing B2 (General Business) District zoning is consistent with the Plan. The proposed rezoning (proffer amendment) while altering the hours of operation for financial institutions/banks does not change the zoning district or land uses and as such is in conformance with the Comprehensive Plan. Rezoning #06-22 — Taslcer Warrior Properties, LLC' August IS, 2022 Page 4 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved RLZ 1104-18. As noted in the included Impact Anali'sis Statement, the proposal to alter the hours of operation, specific only to banks/financial institutions, will not result in any measurable change to trip generation/traffic. 4) Potential Impacts Proffers The proposed rezoning (proffer amendment) seeks to allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by -right development ofa financial institution/bank on the subject properties. No other provisions in the previously approved proffer statement are proposed to be amended. County of Frederick Attorney: Please see allached email from Roderick B. lVilliams, County Attorney elated July 28, 2022. Following the rearrired public hearing a decision regarding this rezoninW application by the Board o Supervisors ~Would he appropriate The AL; Vicant should be prepared to adeauatehaddress all concerns raised by the Board o 'Sulreryisors. A R1'RA K R2 ! Vawa coo MYBERRY' PDo LYNN�DR • ,R tif,' z1• �� `LYNN DRLYNN�DR� `220� 216 • LYNN DR LYNN DR 022 LrNDR.•' _ 4.5 v DR219 LYNN DR 223 LYNN D� �N DR' f tSYDR . 221 7 �V, ' :J6 ,r 1 14 �.. '�' J;•f3,+'� i ; :' c � ... �'Ii ' • sky 4L SPANISH SPANISN;d OAK RD a M% . 231 KRDY SPANI O`AK t DR A REZ # 06 - 22: Tasker Warrior Properties, LLC PIN: 75 - A - 104E Proffer Amendment Zoning Map t L22 /AY/ERRYC�� „ � /AY/ERRYC /ERRY C I* 110 102 I �Y/ERRY C u Ye' C 100 - /AY/ERRY 109 j• MY/ERRY C 107 200 YIERRY C LYNN DR ns /AY/ERRY C 202 206 LYN DR LYN DR 20/ LYN DR 211 LYNN DR 216 • • �N DR 711 WARR R•D REZ #06-22 p Y* � d10 `NO WARRI R D � �WARRIOR DR 610 WARRIOR, WARRIOR.DR WARR10 .�NO 610` WARRI�ORiDR WARRIO�� W `NO 610 WARRI WARRIOR•DR WARRIOR OR , 610 � WARRIOR DR RR O IDR WAR Parcels Sewer and Water Service Area B2 (General Business District) RP (Residential Perlormance District) �Zn ,a'' R { ..r a. �t m A0. ISM 9M m (RM m m Jam, � • WCf ~ U*CN RD, .Y -,.�µE OP C �NAtLL� fR RD '� ` ' `N �• �110P CEDAR NOUNTAIN DR If t? 3 ! g'•� VNf OR N�%.��/\� N `M� b S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 480 Feet Man Created August 16. 2022 ilsallo sewer ana vvaier service rued Long Range Land Us• Neighborhood Village O Residential. 4 u/a 120 ,-W N S Frederick County Planning 3 Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 480 Feet Man Created: August 16. 2022 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcel 75-A-10413; 8.5 acres (here -in after the "Property") RECORD OTHER: Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Tasker Warrior Properties, LLC (here -in after "Owner") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amcndmcnt ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning anlendnlents pertaining to Rezoning Application # for Tax Parcel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal succcssors, heirs, or assigns. The Property is identified as Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Us The Owner proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courscs Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours ofOperation The Owner proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. ATM/ITM machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24-hours a day, 7 days a week. Additionally, the Owner proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 1 1:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Firc and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and SLIccessors In the Interest oI the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned In addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of_, 2022. By: Signature For: Company Name Phone Number Title TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 7-5-A—I-04-&--75-A- 104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and-R -12 -Ides-i{-len iftl P-e}-ttwmanee Rai-st jet -with Proffers to B-2, Business General District "d-R -P-, tccie��tia� Pefo3n�anec1Dittict-with Revised Proffers PROPERTY: Tax Parcels 75-A-1-04-Ooi-es and-75-A-104E; 8_5-1-5,74,a acres (here -in after the "Property") RECORD OTHER:_De���}ueu-Shec3��a1Fc���l�a��ic-Inc-{"I a�: I'atccl�5-A-404� Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 Aw-'LlSt 10,2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002 98 for Tax Parcel 75-A-1-04 (4 45a acres zoned-13 Bu�inc-ss Cene� a� I3i tfict acid-0 62 rrcres<�r�ed-RP—R-�, 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as-I>9a1�-I'arcel�S-A-104-o���ned-by-l3o��L��a��-Sli©en�alcer C-er�l��n ie-s-l-nc--}�- eer-c-ie-c-I-a�Deec-I-I�ooIF-Fi�4-P-age-49i)-(:Msbo-I ���-C=e�rt+-f-te-ale-el=Changes-f Na3a��ta Be��tn�z��-�I�eci� a1 �-C=c3n�}gat}ie I���bj-I��strtn��ent-Nut��l�er-070017367)-and-Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owners proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM. ATM/ITM machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24- hours a day, 7 days a wcck. Additionally, the Owners proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Si�natu► e The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors m the interest of the OWllel-. ill the evellt tile Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: AcknoNvleciged and accepted this day of_, 2022. By: Signature For: Company Name Phone Number Tidc usher Rand and Warrior Drive Commercial Properlp Aif.iznsl 2022 Rezoning Pro%%erAmendmew II IMPACT ANALYSIS 1aslcer Road and lVarriarDrive Commercial Properli, August '0 2 Rc�oningPro%%trAmendmenl INTRODUCTION AND JUSTIFICATION The +/- 8.5-acre Property fronting \\ suri<�r Drive, identilicd as tax neap parcel 75-/1-1041_ was rezoned with proffers with the Frcdcricic Count}' 13oard Of Supervisors approval of RZ # 02-98. The proffers to the original rCzoning were amended with the approval of RZ # 04- 18. This application secks to allow for the installation of an AT\VITtIM machine in conjunction with a by right development of a financial institution/bank on the Subject property. Under the existing proffers this conullon and t}'pical IllachinC would not be allowed due to its 24-hour accessiblIM'. This proffer alllcndlllent seeks to ollly allow for the placement of an ATIM/lT1iM 101- the Use and access of the financial institution's custonlers. An exception to the restriction mdUiring businesses to be closed between the hours Of 11 PM to 6 AJM is warranted in the case of a bank providing 2zl hOUr accCSS to an AMM/1TM machine. No other amendments are proposal with the application. The applicant is confident that the proposed rezoning proffer amendment is consistent with the land use policies of the Comprehensive Policy Plan, the land uses intended Under the previously approved rezoning applicationS, and will not rCSult in nCgativC nCt impacts. COMPREHENSIVE PLAN / LAND USE /ACCESS AND TRANSPORTATION / SITE SUITABILITY / SEWAGE CONVEYANCE AND WATER SUPPLY / HISTORIC SITES AND STRUCTURES / IMPACT ON COMMUNITY FACILITIES The proposed proffer amendment does not impact this grOUp of rezoning application evaluation and assessment categories. The current application will not add or decrease land usC that will result in any n1caSUrable change in the justifications and calculations utilized in CVa]llating and approving the pl-CVIOUS rezoning applicationS on the Subject property To be completed br Planning Staf/: Fee Amount Paid 7_oning Amendment Number Anticipated PC Hearing Date Date Received Anticipated I30S blearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if nlol'e than two owners): Name: Tasker Warrior Properties, LLC Specific Contact Person if Other than Above: C/O Beverly Shoemaker Address: PO Box 480, Stephens City, VA 22655 Telephone: 540-869-1800 Nanle: Specific Contact Person if Othcr than Above: Address. Telephone: Entail: bshoemaker@bowman-shoemaker.com 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 fll'Ill, ellgilieering 11I'IIl, or other person, if any, serving as the pri,llaly contact person for this application: Firm Name: Pennoni Assoicates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, Nvill be acting on behalf of the owner and/or executing papers on behalf of the oNvner 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): Tasker Road and Warrior Drive Commercial Properties 5. Propertyy Information: a. Property Identification Nunlber(s): 75-A-104-E b. Total acreage of the parcel(s): 8.5 AC c. Total acreage of parcel(s) to be rezoned (ifothcr than whole parcel(s) is being rezoned): 8.5 AC d. Current zoning designation(s) and acreagc(s) in each designation: B2 - 8.5 AC e. Proposed zoning designation(s) and acreagc(s) in each designation: No change - B2 8.5 AC f. Magisterial District(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 0000 Warrior Drive, Stephens City, VA 22655 Parcel at SW corner of Warrior Drive and Tasker Road h. Adjoining Properties: Parcel ID Number Use See Attached List Please attach additional pagc(s) if necessary. 7onin Property identification numbers, magisterial districts, and deed book and page numbers/ 11lStrllment llllmbers Illay 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 5 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 S 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. Tasker Warrior Properties, LLC C/O Beverly Shoemaker PO Box 480, Stephens City, VA 22655 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 Proffer Statement (if any) Agency Comments ❑✓ Fee ❑✓ Copies of Deed(s) to Property(ies) Tax Payment Verification 0 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. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date 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 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Prederlck County Adinlnlstrative Building, 107 North Kent Street. Name and Property Identification Number Address Tasker Warrior Properties LLC Name PO Box 480 Stephens City, VA 22655 Property # 75-A-104-1 Name Trustland Development Properties LLC 126 Laredo Court Stephens City, VA 22655 Property # 75-A-104 NameJem VII LLC c/o CVS Corp #1819-01attn P Durand 1 CVS Dr Woonsocket RI, 02895 Property tt 75-A-105-D Name H N Funkhouser & Co INC PO Box 2038 Winchester, VA 22604 Property # 75-A-105-C Name City National Bank 25 Gatewater Rd Cross Lanes. WV, 25313 Property 975-A-105-B Name Cregar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 Property # 75-A-105A-1 Name2Mexico LLC c/o G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 Property # 75-A-105A-1 Name NCVR Properties LLC 2227 Valley Ave Winchester, VA 22601 Property # 75-A-105A-1 Name Rainbow Realty & Investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 Property # 75-A-105A-2 16 Name aji(i Pi-ope1'ty Ide[ltiticatiou Numbei- I !1ddi-ess Na,nc Warriorgirl777 LLC 640 Warrior Drive STE104 Stephens City, VA 22655 Property it75-A-105A-3 Nan)e Hild Properties LLC 568 Garden Gate Dr Stephens City, VA 22655 Property it 75-A-105A-1 NameTran Phong V 21055 Danbury Ct Sterling, VA 20164 Property it 75-A-105A-4 Nan,e HOJO LLC 310 N Commerce Ave Property it 75-A-105A-5 Front Royal, Va 22630 Name Capuano Umberto 170 Delco Plz Ste 4 Winchester, VA 22602 Property it 75-A-105A-6 Na,l,c Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property tt 75-A-105A-7 Nan,e Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property it 75-A-105A-8 Name Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 Property it75-A-105A-9 Na,„eTimo Investments of VA LLC 13310 Tannery Ct Fairfax, Va 22033 Property it 75-A-105A-1 Name Adam Arria 19 Catoctin Circle Leesburg, Va 20176 Property tt 75-A-105A-1 [�ioini,e,.Aligning Stars LLC 2101 Gun Barrel Rd White Post, Va 22663 Prpty tt 75-A-105A-1 Name Old Dominion Greens Homeowners Assoc Inc PO Box 480 Property it 75-P- 1 -3-207-A Stephens City, VA 22655 Na,»eAutumn Glen Frederick County, Va HOA Inc PO Box 2580 Property it 75-L-3-3-77-A Winchester, VA 22604 RON Property it 17 July 28, 2022 VIA EMAIL Mr. David Frank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail r-willia@feva.us Re: Rezoning Application — Tasker Warrior Properties, LLC — Tax Parcel Number 75-A-104E ("Subject Property") — Proffer- Statement revised May 5, 2022 ("Proffer Statement") Dear Mr. Frank: You have submitted to Frederick County for review the Proffer Statement, received by my office on July 26, 2022, for the proposed rezoning of the Subject Property, 8.5f acres in the Shawnee Magisterial District, from the B2 (General Business) District, with proffers, to the B2 (General Business) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comment: Preliminary Matters — To avoid any ambiguity, the reference to Rezoning Application #002-98 should be left blank, to allow insertion of the current rezoning application number. Likewise, the reference to the parcel number should be revised to show only parcel number 75-A-104E, as the Proffer Statement does not otherwise purport to amend the proffers applicable to those parcels that were part of the previous 1998 and 2019 rezonings. Mr. David Frank July 28, 2022 Pane 2 I have not reviewed the substance ofthc proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email) 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 (S40) 66S-6395 Know All Men By These Presents That: Tasker Warrior Properties, LLC Nance of Properly Owner/Applicant Please now If the property owner/applica m is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed Power of ❑dome), from each owner will be needed. PO Box 480, Stephens City, VA 22655 540-869-1800 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the h-act(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 75-A-104-E do hereby make, constitute, and appoint: Pennoni Associates, Inc./ David Frank Name of Attorney -In -Fact 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Mailing Address of Attorney -hi -Fact 540-771-2087 Telephone Number to act as 111y true and lawful lit torney-iII-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 bel►alf with respect to application with Frederick County, Virginia for the followfor the above identified property: [✓ Rezoning in Subdivision Conditional Use Permit LJ Site Plan e piaster Development Plan (prelim. or final) F1 Variance or 'Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (il'si Statc of CountylCity-of rT(-Of'(- \C\1 To wit: I, 1 \(fix `�Cv GGS a Notary Public in and for the jurisdiction aforesaid, certify that the person Nvho signed the I'orc.going instrument personally appeared before nic and has acknowledged the same before me in the jurisdiction aforesaid this clay of, 2(k�Z My Commission Expires *()v11� Ic 1tcl;isUation Number: TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 MY COMMISSION EXPIRES JAN. 31, 202 Dept/Tickel# RE2022 / 407150001 Nance TASKER WARRIOR PROPERTIES LLi Nance 2 Address PO BOX 480 STEPHENS CITY VA Zip 22655 480 r��lt rig l� (,mlilty V11'ti1I1M I,,+ l"INI ,00kup "Dares I'.,,I'inq Viol,,tion ()Uu, I''ywonts Sh,ppingClni(0) Puy C)ption, Real Estate Ticket Detail Previous 2022 REAL ESTATE Frequency 1 Map/1 75 A 104E Bill Dale 04/25/2022 Due Dale 06/06/2022 Desc 8.50 ACRES Penalty Paid so.00 Interest Paid Supplement// 0 Accountil 8038499 Acreage Improvements Land Value Land Use Minerals $0.00 Last Transaetion Dale 05/12/2022 8.500 $0.00 $1,481,000.00 $0.00 $0.00 Current Pavincul Slaliis Original Bill Payments Principal Balance Due Penally Interest Balance Due $4,517.05 ($4,517.05) $0.00 $0.00 $0.00 $0.00 "I'ransaction Ilistory Date Type 7'r:ursactioJill Amount Balance 6/6/2022 Charge 0 $4,517.05 $4,517.05 5/11/2022 Principal Paid 27462 ($4,517.05) $0.00 Previous bflchad L. Bryan VSU #15737 116 S. Braddock St Winchester, VA 21001'7949 THIS DECLARATION, made and dated this 2501 day of. october , 2021, by and between TASKER WARRIOR PROPERTIES, LLC, a Virginia limited liability company, hereinafter referred to as the "Declarant", and THE COUNTY OF ' ;FREDERICK, VIRGIMA, hereinafter referred to as the "County". RECITALS: A. The Declarant is vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 15.7906 acres, more or less, situate at the intersection of Tasker Road (State Route 642) and Warrior Drive, and being more particularly described by that certain plat titled "Boundary Survey of the Land of Bowman Shoemaker Companies, Inc. (Tax Parcel 75-A-104B)" dated May 12, 2016, drawn by Ernest S. Holzworth, L.S., a copy of which is attached to the hereinafter mentioned Deed and incorporated herein by reference as if set out in full; and being the same lands acquired by Tasker Warrior Properties by Deed dated May 19, 2016, recorded among the land records in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Listr anent No. 160004426. Tax Map No. 75-A-104E (the "Parent Tract"), B. The Declarant seeks to subdivide the Parent Tract into two parcels, as follows: (i) that certain parcel of land containing 8.4985 acres, more or less, designated as "PIN • 1 G7 i= N. O" 75-A-104E 15.7906 Acres (Original) 8.4985 Acres (Remainder)" on that certain plat titled "Subdivision Plat of the Land of Tasker Warrior Properties LLC" dated September 1, 2021, rawn by S. W. Marsh, L.S., n copy of which is attached hereto and incorporated herein by ;ference as if set out in full (the "Subdivision Plat") ("Parcel #1"); and (ii) that certain arcel of land containing 7.2920 acres, more or less, designated as "New Lot 7.2920 Acres" n the attached Subdivision Plat ("Parcel #2"). C. The subdivision of the Parent Tract is with the consent and approval of the , as evidenced by its execution of the attached Subdivision Plat. D. The Declarant intends to create and impress the following easements or rights way upon Parcel #I and/or Parcel 1/2: i. That certain access, drainage and utility easement over a portion of #1, designated as "Variable Width Private Access, Drainage Easement & Utility . ent Hereby Created" on the attached Subdivision Plat (the "Access, Drainage and Utility Easement"). ii, Those certain drainage easements over a portion of Parcel #1, designated as "20' Drainage Easement Hereby Created" on Sheet 3 of 5 and Sheet 4 of 5 on the attached Subdivision Plat (the "Parcel 41 Drainage Easements"), iii. That certain drainage easement, 20' in width, over a portion of Parcel Michael L. Bryan #2, designated as "20' Drainage Easement Hereby Created" on the attached Subdivision Plat VSB #15737 116 S. Braddock St (the "Parcel #2 Drainage Easement"). Wiachester, VA 0 iv, ' That certain utility easement for the benefit of Frederick County Authority d/b/a Frederick Water designated as "20' Frederick Water Easement Created" on the attached Subdivision Plat (tile "Frederick Water Ensemcuts"). The s and conditions applicable to the Frederick Water Easements are set forth in that certain Brick County Sanitation Deed of Easement recorded in the Clerk's Office of the Circuit of Frederick County, Virginia immediately after the recordation of this Declaration. 11 11 V. That certain multi-tedant sign easement over a portion of Parcel #1, as "Multi -Tenant Sign Easement Hereby.Created" on the attached Subdivision (the "Sign Easement"). vi. That certain access road bioremediation filter facility located on the northeast side of the Access, Drainage and Utility Easement over a portion of Parcel 1/1 in order to treat the surface storm drainage created by the Private Access Road (as defined in 31 E, below) extending from Warrior Drive to the eastern boundary of Parcel 112, as fully set forth hereinafter (the "Bioretention Pond"). E. The Owner of Parcel 92 shall construct a commercial sign within the confines of the Sign Easement, as is more fully set forth in Article VI below. F. A private street, including a cul-de-sac, shall be located upon the Access, Drainage and Utility Easement referenced in Recital D, above (the "Private Access Road") shall be constructed by the Owner of Parcel Q, as more fully set forth hereinafter. Michael L. Bryan G. The Declarant intends to set forth the responsibilities and obligations for the VSB P13737 116 S. Braddock St Winchester, VA 3 4 *17 istruction, installation, maintenance, repair, improvement and/or reconstruction of the vate Access Road, the Commercial Sign, and the Bioretention Pond, as more fully set hereinafter. NOW, THEREFORE, WITNESSETH: That for and in consideration of the ses conveyed, and other good anti valuable considered deemed adequate at law; the ,t and sufficiency of which is heieby acknowledged, the parties do agree as follows: ARTICLE I ' . DEFINITIONS (a) "Association" shall mean and refer to the Tasker Warrior Commercial Association, Inc., a noel -stock Virginia corporation, its successors and assigns. (b) "County" shall mean and refer to the County of Frederick, Virginia. (c) "Declarant Control Period" shall commence upon the date of recordation of Declaration and end upon the date upon which all of the Tasker Warrior Lots have been -yed by Declarant to a purchaser thereof, or December 31, 2027, whichever shall first •; provided, however, the Declarant may, in DecIarant's sole and absolute discretion, to terminate the Declarant Control Period on such earlier (late as the Declarant in its and absolute discretion deems appropriate. (d) "Member" shall mean and refer to every person or entity who holds membership in the Association. hHelimet L. Bryfn (e) "Owner" shall mean and refer to the record owner, whether one or more VSB SI5737 116 S. Braddock St Winchester, VA persons or entities, of fee simple title to Parcel Ill and Parcel ##2, and any lots or parcels of Michael L. Bryan VSB #15737 116 S. Braddock St Whichester, VA hereafter subdivided from Parcel #1 and/or Parcel #2, including contract sellers, but . those having such interest merely as security for performance of an obligation. (f) "Private Access Road" shall mean and refer to that.ccrtain private access street extending from an entrance onto the western side of Warrior Drive extending across a portion of Parcel #1 to the eastern boundary of Parcel #2 for purposes of non-exclusive 5 from Warrior Drive to the Tasker Warrior Lots for the benefit of the of the Tasker Warrior Lots, and their respective owners, tenants, occupants, vendors business invitees, as more particularly described on the attached Subdivision Plat. (g) "Tasker Warrior Lots" shall mean and refer to Parcel Itl,.containing 8.4986 cres, more or less, and Parcel #2, containing 7.2920 acres, more or less, and all lots or of land hereafter subdivided from Parcel #1 and/or Parcel 1/2, if any. ARTICLE II SUBDIVISION OF PARENT TRACT The Declarant hereby subdivides the Parent Tract in order to create Parcel #1, 8.4986 acres, more or less, and Parcel #2, containing 7.2920 acres, more or less, more particularly described on the attached Subdivision Plat. The subdivision of land as )wn on the attached Subdivision Plat so as to create Parcel #1 and Parcel #2 is with the consent and in accordance with the desires of the undersigned Declarant, and has been by the County as evidenced by its execution of the Subdivision Plat. N .t - N W ARTICLE III EASEMENTS a. The Declarant hereby creates and impresses the following easement upon Parcel 111 and Parcel #2, as applicable: (1) The Access, Drainage and Utility Easement over a portion of Parcel #1; (2) The Parcel # I Drainage Easement over a portion of Parcel ill; (3) The Parcel #2 Drainage Easement over a portion of Parcel 112; (4) The Sign Easement over a portion of Parcel #1. (5) The Frederick Water Easements over a portion of Parcel #2. b. The Access, Drainage and Utility Easement, the Parcel 111 Drainage Easements, the Parcel #2 Drainage Easement and the Sign Easement (the "Easements") shall be perpetual, appurtenant and permanent easements running with the title to Parcel #1 and/or Parcel #2, as applicable. ARTICLY; IV MEMBERSH& Every person or entity who is a record Owner of a fee or undivided interest in any Tasker Warrior Lot which is subject to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an hllcluel L. Bryan obligation. Only one membership shall be accorded per Tasker Warrior Lot, Membership VSB #15737 116 S. Braddock St Wlncheslcr, VA shall be appurtenant to and may not be separated from ownership of any Tasker Warrior Lot G Lhich is subject to assessment by the Association. Ownership of such Tasker Warrior Lot Il be the sole qualification for membership. Upon acquiring title to a Tasker Warrior Lot, h new Owner shall promptly give written notice to the Association of such Owner's name address and the Property Identification Number of the Tasker Warrior Lot as assigned by County. The new Owner shall given written notice to the Association of the street of the Tasker Warrior Lot within thirty (30) days after assignment of a street address the County. If the new Owner fails to give the Association such notice within thirty (30) ays after acquiring such Tasker Warrior Lot, then the Association may assess the Owner for reasonable costs and expenses the Association incurs to obtain such information. ARTICLE V VOTING RIGHT'S Each Member of the Association shall have one (1) vote for each Tasker Warrior Lot Howned by such Member. The weighted percentage of each Member's vote shall be a the numerator of which shall be the total acreage of the Tasker Warrior Lot owned such Member divided by the total acreage of all of the Tasker Warrior Lots. Declarant stipulates and agrees that the total acreage of all of the Tasker Warrior Lots is 15.7906 acres, which total acreage may be reduced in the event of future for public street improvements to Warrior -Drive and/or Tasker Road. BOARD OF DIRECTORS hilchnel L. Bryan hlitially, the affairs of the Association shall be managed by the Declarant. VSB #15737 116 S. Braddock St Winchester, VA Thereafter, upon the sale of any Tasker Warrior Lot, the affairs of the Association shall be X— N CM by a Board of Directors of not less than two (2), but no more than three (3) who shall be appointed by the Declarant; provided, that, the Owner of Parcel #2 be entitled to designate and appoint one (1) Director upon the transfer and conveyance from Declarant to such Owner- (the"Board"). During the Declarant Control Period, and subject to the right of the Owner of Parcel 42 to appoint one (1) Director as set forth above, Declarant may at any time and from -time to time in its sole and exclusive discretion, oint, re -appoint, remove and/or replace any and all members of the Board and/or any officer, director, agent and/or employee of the Association. After expiration of the Control Period, the Board shall be elected by the Membership as detennined-in the of the Association. The Association shall be responsible for the management and of the Private Access Road, the Commercial Sign, and the Bioretention Pond, in accordance with the terms of Article V, below, the enforcement of the restrictions set forth in Article VIII, below, the determination of the amounts and collection of assessments as set in Article V, below, and the administration of.the affairs of the Association, as more fully set forth hereinafter. TREASURER If so determined by the Association, the Treasurer of the Association shall be bonded, with the expense of such a fidelity bond for said officer to be borne by the Association; however, the Association may elect not to have the Treasurer bonded, as determined by the Michael L. Bryao Association. VS13 4115737 116 S. i3raddock St Winchester, VA 8 ARTICLE, VI CONSTRUCTION, MAINTENANCE AND REPAIR OBLIGATIONS FOR PRIVATE ACCESS ROAD, COMMERCIAL SIGN AND BIORETENTION POND 1. The Private Access Road (including curb and gutter and sidewalks) shall be constructed by the Owner of Parcel 112 at the sole cost and expense of the Owner of #2 in accordance with the latest editions of Virginia Department of Transportation Road And Bridge Standards, the Virginia Department of Transportation Road And Bridge Specifications, and the Virginia Department of Transportation Road Design Manual. 2. The Bioretention Pond shall be initially constructed by the Owner of Parcel 112 at the sole cost and expense of the Owner of Parcel 112 in accordance with the applicable of the County. 3. After construction of the Private Access Road at the sole cost and expense of the of Parcel #2, the Private Access Road shall thereafter be maintained in good lion and repair by the Association, including, without Iimitation, repair and replacement asphalt, curb and gutter, sidewalks, grading of drainage ditches, snow removal, (landscaping and mowing of ditch lines and areas along the Private Access Road. 4. After construction of the Biorentention Pond at the sole cost and expense of the Owner of Parcel #2, the Biorentention Pond shall thereafter be maintained in good condition Micheal L. Bryan and repair by the Association. VSB'415737 116 S. Braddock St Winchester, VA .p-- N 05 5. In no event shall the County and/or the Virginia Department of Transportation have any obligation, responsibility and/or liability for the construction and/or maintenance of the Private Access Road or any future private streets constructed upon any one or more of the Tasker Warrior Lots. 6. The Owner of Parcel #2 shall initially construct the Commercial Sign located on the southern side of the Private Access Road within the confines of the Sign Easement in accordance with the applicable standards of the County. The reasonable cost of the design, construction and materials for the Commercial Sign shall be allocated as follows: (i) the Owner of Parcel #1 shall be responsible for 53.64% of the reasonable cost of the Commercial Sign; and (ii) The Owner of Parcel #2 shall be responsible for 46.36% of the reasonable cost of the Commercial Sign, which said sums to be paid in full upon completion of the construction of the Commercial Sign. The design of the Commercial Sign and the materials used, including color, shall be reasonably acceptable to the Owner of Parcel #1 and Owner of Parcel #2 at the time of construction. After construction of the Commercial Sign at the sole cost and expense of the Owner of Parcel #2, the Commercial Sign shall thereafter be maintained in good condition and repair by the Association. 7. The Owner of Parcel 1/2 shall have the right to use, or designate the use of, the top sign panel on the Commercial Sign. The area of the top sign panel shall not exceed 46.36% of the area of the entire area Commercial Sign. The Owner of Parcel # 1 (together Michael L. Bryan with any '1'asker Warrior Lot herea8er subdivided from Parcel #1) shall have the right to use, VSB k15737 116 S. Braddock St Winchester, VA or designate the use of, the remaining sign panels on the Commercial Sign. 10 C Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA ARTICLE VII COVENANTS FOR MAINTENANCE AND OTHER ASSESSMENTS BY THE ASSOCIATION Section 1. Assessments: The Declarant, for each Tasker Warrior Parcel owned, hereby covenants, and each Owner of any Tasker Warrior Parcel by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association (i) annual operational assessments or charges (ii) annual capital assessments or charges and (iii) special assessments for unanticipated operational expenses and for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with such -interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on each Tasker Warrior Parcel and shall be a continuing lien upon the Tasker Warrior Parcel against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Tasker Warrior Parcel on the due date of such assessment. Section 2. Purpose of Assessments: (a) The assessments levied by the Association shall be used for the improvement and maintenance of the Storm water Management Facilities once the same have been constructed, specifically including, but not limited to, payment of real estate taxes upon the area upon which the Stormwater Managements Facilities are located, repairs, water quality 11 I Michael I— Bryan VSB #15737 116 S. Braddock St Winchester, VA testing and management, regulatory compliance (if required), storm drainage maintenance, mowing, grading, and services and facilities devoted to the aforesaid purposes and related to use of and enjoyment of the Stotmwater Management Facilities. (b) The assessments levied by the Association shall be used for maintaining the Sign, including, but not limited to, repair and replacement of lights and sign and electricity, as well as mowing and landscaping around the Commercial Sign. (e) The assessments levied by the Association shall also be used for the maintenance, repair and reconstruction of the Private Street, specifically including, but not limited to, pavement markings, pavement repair and replacement, storm sewer, curb and gutter, sidewalks, aprons, landscaping, cleaning or reeutting ditches as necessary, trimming and mowing along the roadside, and unplugging or opening culverts, drain pipes, and drop inlets, and services and facilities devoted to the aforesaid purposes related to the use of the Private Street in order to maintain the Private Street in a condition that will allow for reasonable and safe access of standard passenger vehicles and tnicks, including tractor (d) The assessments levied by the Association shall also be used for the maintenance, repair and replacement of street lights along the Private Access Street and any future Private Interior Streets, as well as payment of the cost of electricity for such street lights. Section 3. Basis and Maximum of Annual Assessments: All Tasker Warrior Lots shall be subject to annual assessments for operational expenses (the "Operational 12 0 .7— cA) 0 iltichael L. Bryan VSB t115737 116 S. Braddock St Winchester, VA Assessment") and capital assessments for future improvements (the "Capital Assessments") of the Private Access Road, the Commercial Sign, and the Bioretention Pond, as set forth hereinafter: (a) The Declarant shall establish the amount of the Operational Assessment and the Capital Assessment for -the period commencing on July 1, 2022 and continuing until June 30, 2023 which amount shall remain in effect thereafter until changed by the Board of Directors, as set forth in Section 3 (b), below. The initial annual Operational Assessment shall be the sum of $5,000.00 and the initial Capital Assessment shall be the sum of $2,000.00. (b) For periods after June 30, 2023, after consideration of the maintenance costs and. future capital needs of the Association, the Operational Assessment and the Capital Assessment may be increased by tite Board of Directors, above that set forth liereinabove by a vote of the Members for the next succeeding fiscal year and at the end of each year's period, for each succeeding fiscal year, provided thatMembers having weighted votes in excess of sixty percent (60%) or more, in person or by proxy, must at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, ratify or approve the Operational Assessment and the Capital Assessment for the upcoming one year period. (c) The Operational Assessment, the Capital Assessment and the Special Capital Assessment (as such term is defined below), if any, shall be allocated among the Taskcr Warrior Lots based upon -the acfeagc'contained in each Taskcr Warrior Lot, whether now existing or hereafter subdivided, based upon the percentage that such Tasker Warrior Lot subject to the Operational Assessment and the Capital Assessment has to the total acreage of 13 hilchael L. Bryan VSB 415737 116 S. Braddock St Winchester, VA the lands currently contained in Tasker Warrior Lots. By way of example, if a Tasker Warrior Lot contains 5.000 acres, then the Operational Assessment, the Capital Assessment and any Special Capital Assessment applicable to said Tasker Warrior Lot shall be equal to 31.66% of such Operational Assessments, Capital Assessments and Special Capital (5.00 acres + 15.7906 total acres = 0.3166 or 31.66%). Section 4. Special Assessments for Capital Improvements: In addition to the Operational Assessment and Capital Assessment authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of in whole or in part, the'cost of any unanticipated construction, reconstruction, repair and/or replacement of the Stormwater Management Facilities and the Private Street (the "Special Capital Assessment"). The Special Capital Assessment shall be approved by Members having weighted votes in excess of sixty percent (60%) or more, in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Intentionally Omitted: Section 6. Quorum for any Action Authority Under Sections 3 and 4: At the first' meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members having weighted votes in excess of sixty percent (60%) or more shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and 4 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding 14 -o cc 0 4-- Cl) N Niched L. Bryan VSB #15737 116 S. Braddock St Winchester, VA meeting. No such subsequent meeting shall be held more than ninety (90) days following the (preceding meeting. Section 7. Date of Commencement of Assessments: Due Date: (a) The Board shall fix the amount of the Operational Assessment and Capital Assessment against each Tasker Warrior Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessments shall be sent to every Owner subject thereto. The due dates shall be established by the Board. (b) The due date for any Special Capital Assessment shall be eslt.tblished by the Board upon written notice given to every Owner subject thereto. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: lAny assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may exercise any and all rights and remedies as accorded by law, including, but not limited to, the right to bring an action at law against the Owner personally obligated to pay the satne, and/or foreclose the lien against the Tasker Warrior Lot, and interest, costs and reasonable attorney's fees on any such action or actions shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Stormwater Management Facilities or abandonment of his Tasker Warrior Lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or, 15 CO Cl) Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA 11 hereafter encumbering any Tasker Warrior Lot. Sale or tlwisfer of any Tasker Warrior Lot shall not affect the assessment lien. No sale or transfer shall relieve such'fasker Warrior Lot J from liability for any assessments thcrcafler becoming due from the lien thereof Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the Stormwater Management Facilities; (b) the Private Street and any future street constructed upon the Tasker Warrior Lots; and (c) any "Tasker Warrior Lot owned by the Declarant. ARTICLE VRI RESERVED EASEMENTS a. The Declarant hereby creates and impresses the Access, Drainage and Utility Easement over a portion of Parcel 01 in order to provido motor vehicle and pedestrian access for the benefit of Parcel # 1 and Parcel #2. The Access, Drainage and Utility Easement shall also provide drainage and location of utilities for the benefit of Parcel # I and- Parcel #2. The Access, Drainage and Utility Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel 41 for the benefit of Parcel Ill and Parcel #2. b. The Declarant hereby creates and impresses the Parcel 41 Drainage Easement over a portion of Parcel # 1. The Parcel III Drainage Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel #1 for the benefit of Parcel III and Parcel 112. 16 C. The Declarant hereby creates and impresses the Parcel 1l2 Drainage Easement ntichnel L. Bryan VSB #15737 116 S. Braddock St Winchester, VA a portion of Parcel #2. The Parcel #2 Drainage Easement shall be a non-exclusive, ;teal, appurtenant and permanent easement or right of way running with the title to :1 #2 for the benefit of Parcel #1 and Parcel #2. d. The Declarant hereby creates and impresses the Sign Easement over a portion of Parcel 111. The Sign Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel #1 for the benefit of Parcel ill and Parcel 112. ARTICLEIX USE, RESTRICTIONS AND COVENANTS The Tasker Warrior Lots shall be subject to the following restrictive covenants and ditions (the "Restrictions") which shall constitute covenants real running with the title to Tasker Warrior Lots (including any Lots hereafter subdivided from Parcel # 1 and/or -el 02), which shall be binding upon all Owners having any right, title or interest in and to I Tasker Warrior Lots or any part thereof, their heirs, successors and assigtls, and shall to the benefit of each Owner thereof: 1. Hazardous Waste: The Owner of each Tasker Warrior Lot shall comply with any and all'cnvironmental laws, regulations, rules and ordinances applicable to the Tasker Warrior Lots and any activities conducted thereon. 2. Maintenance Responsibilities: a. The Owner and any occupant of any Tasker Warrior Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and expense, to maintain 17 I Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA exterior signs, lighting and facade in good repair and working order, maintain mechanical facilities in working order, and comply with all governmental, health, police and fire requirements, statutes and regulations. In addition, the Owner and any occupants of any Tasker Warrior Lot shall, jointly and severally, at their sole cost and expense, keep tend maintain any improvements hereafter made, placed or installed upon tiny Tasker Warrior Lot, including buildings, parking lots, signs, landscaping, and all other improvements in connection therewith that are hereafter installed, in a well maintained, safe, clean and attractive condition. Such maintenance shall include, but is not in any way limited to, the following: removing litter and trash from the Tasker Warrior Lot; mowing of lawns and, if the Tasker Warrior Lot is unimproved, any grass or ground cover shall be cut below twelve (12) inches; pruning of trees and shrubbery; watering and fertilizing of lawns and landscaping; keeping parking areas and driveways in good repair, including striping and sealing; removing snow and ice from walks, driveways and parking areas. In addition, any roadways affording access to a Tasker Warrior Lot shall be cleaned by such Owner whenever construction activity into and out of such Tasker Warrior Lot renders such roads in need of cleaning in order to keep their neat and attractive appearance. b. All lawn areas shall be kept mowed to a height not exceeding six (6) inches. All shrubs, trees or other ornamental bushes will be kept in good condition so that all dead wood shall be removed from the same and maintained in a good and attractive condition and regularly trimmed. The landscaping on all Tasker Warrior Lots and plants thereon shall be maintained in good health and appearance and any damage thereto occasioned by reason of any cause whatsoever shall be promptly repaired or replaced. 18 c� C' Z— C. ) CT Michael L. Bryan VSB 415737 116 S. Braddock St Winchester, VA c. The foregoing Maintenance Responsibilities shall not apply to Parcel ill any'fasker Warrior Lot hereafter subdivided from Parcel HI until such time as mercial development has occurred upon Parcel 111 or any fiiture Taskcr Warrior Lot subdivided from Parcel Ill. 3. ParkiniVLoadinp, Facilities: a. At all times, the Owner and any occupant of any Taskcr Warrior Lot Ishall provide automobile and truck parking (not less than required by the applicable zoning ordinance of the County) upon each Tasker Warrior Lot adequate for the parking needs of Iany and all employees, visitors and company vehicles. No parking shall be allowed off -site, adjacent to or near any such Tasker Warrior Lot, which off -site parking is expressly prohibited. The Owner and any occupant of any'I'asker Warrior Lot shall use its best efforts to prevent and prohibit its employees, lessees, agents, customers and visitors from parking off --site. Any vehicles parked in violation of this restriction shall be subject to removal by towing or otherwise at the expense of the owner of such vehicles parked in violation of this restriction. b. At all times, the Owner and any occupants of such'1'asker Warrior Lot shall maintain loading and unloading upon such Tasker Warrior Lot adequate for the business conducted thereon. No loading or unloading shall be allowed off -site, whether adjacent to or near such Taskcr Warrior Lot, which off -site loading/unloading is expressly prohibited. 19 r Micbsel L. Bryun VSB #15737 116 S. Braddock St Winchester, VA 4. Signs: a. All signs installed upon any Tasker Warrior Lot shall comply with the applicable ordinances of the County, b. No flashing, blinking, sequential, intermittent or moving signs or lights shall be permitted upon any Tasker Warrior Lot. Elevated stanchion signs are prohibited. 5. Utili Lines: All new power lines, telephone lines, cable t.v. and other utility lines shall be installed underground by the Owner at Owner's sole cost and expense. 6. Repair of Damage or Destruction: (a) Any building or other improvement which has been destroyed or partially damaged by fire or other causes, must either be repaired or completely demolished and removed from the Tasker Warrior Lots upon which such complete or partial destruction or damage occurred. Repair must be commenced within a period of three (3) months after damage. Demolition and removal must be completed within six (6) months after destruction or damage. (b) Any building or other appurtenant structure situate upon a Tasker Warrior Lot that has materially deteriorated shall be promptly repaired by the Owner. (c) Each Owner shall be solely and exclusively responsible for mid shall fully bear the cost of maintenance and repair of the Private Access Road necessitated by construction activities on such Owner's Tasker Warrior Lot, and each Owner shall restore any portion of the Private Access Road damaged by its construction activities to its prior condition within sixty (60) days of completion of such construction. Such restoration slid 20 Michael L. Bryan VSB #15737 1I6 S. Braddock St Winchester, VA damage repair activities must be approved by the Declarant (during the Declarant Control Period) and thereafter by the Association. 7. Trash Removal: \ (a) The Owner of each Tasker Warrior Lot shall contract with a private ;ompany for the removal of all trash and other debris from each Tasker Warrior Lot, at the ole cost and expense of the Owner. (b) No rubbish or trash of any kind shall be kept or allowed to accumulate on my Tasker Warrior Lot, except in approved waste containers or dumpsters kept in locations creened insofar as practicable from the view of adjacent property and streets. 8. Prohibited Uses: No Taskcr Warrior Lot, or any portion thereof, shall he used for ny of the following purposes: (a) Motor vehicle salvage yards, motor vehicle junkyards, tire recapping acilities, fuel tank farms or stockyards. (b) Any purpose or use that shall violate and/or contradict any applicable iws. (c) Any residential purposes or uses. (d) Any purpose or use that shall involve the use of explosives, explosive iaterials, or explosive processes. (c) Any purpose or use that shall be offensive by any reason of the mission and/or presence of odor, dust, smoke, noise, gas fumes, undue vibration, glaring ght, or refuse matter. —o CD (f) Any purpose or use that shall involve the storage, holding, existence, emission, discharge, spilling, leaking, pouring, pumping, injection, dumping, ling, burying, abandoning, generation, procossing, abatement, treatment, removal, ition, handling, transportation, or other management of any hazardous materials or substances except in strict conformity and compliance with applicable laws, (g) As an adult book store, adult video store (an adult video store is a store that sells or rents videos that are rated NC-17, X, XX, XXX, or of a rating gned to works containing material more sexually explicit than XXX, by the film rating of the Classification and Rating Administration). (h) Any establishment selling or exhibiting pornographic and/or obscene materials. Any establishment which exhibits either live or other means to any degree, nude partially clothed dancers or wait staff and/or any massage parlors. (i) As a flea market, pawn shop, bar, or night club, or any business whose ncipal revenues are from the sale of alcoholic beverages for on premises consumption (but excluding from the list of prohibited uses a retail wine, beer or liquor store or outlet, a trampoline or bounce house park, on ax-throwing establislunent, an arcade or similar 0) As a casino, gambling hall or parlor or other establishment featuring gaming activities (including but not limited to gambling, off-track or sports betting, table such as blackjack or poker, electronic gaming machines, slot machines and other Nflchael L. Bryan devices similar to the aforementioned but expressly excluding State -sponsor lottery games VSB #15737 1I6 S. Braddock St Winchester, VA Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA as scratch off tickets, keno, Powerball, MegaMiIlions and the like which may offered by an otherwise approved retail business enterprise). (k) Any business or establishment that sells, displays or otherwise exhibits illegal drug -related paraphernalia; provided, that, nothing contained herein shall be interpreted or construed to prohibit the use of a Tasker Warrior Lot for the growth, processing or dispensing of cannabis for medical or recreational use in accordance with applicable laws. (1) Parcel 81 shall not be used for the operation of a self-service storage facility (also known as Device Storage) in which units, rooms, lockers, containers and/or outdoor space is rented to tenants or occupants generally on a short term basis for the warehousing or storage of personal property and/or effects. 1 9. Binding Effect: Each Owner, lessee, licensee and/or occupant of any Tasker Warrior Lot, by acceptance of a Deed conveying title to such Tasker Warrior Lot, or the execution of a contract for the purchase thereof, or the acceptance of a lease or license therefore, or the taking of possession thereof, whether from Declarant or any future Owner or lessee, shall accept such Deed, contract, lease, license or possession upon and subject to each and all the provisions of this Declaration, and also the jurisdiction, rights and powers of Declarant, and its successors or assigns, and the Association, and by such acceptance shall for himself, his heirs, personal representatives, successors in interest and assigns, covenant, consent and agree to and with Declarant, its successors ill interest and assigns, the Association, and to and with the other Owners and lessees of Tasker Warrior, to keep, observe, comply with and to perform the requirements of this Declaration, whether or not 23 Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA any reference to this Declaration is contained in the instrument by which said person acquired said interest. Every person who now or hereafter owns or acquires any rights, title or interest in or to any Tasker Warrior Lot shall be conclusively deemed to have consented and agreed to the provisions of this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such person acquired any interest in any Warrior Lot. 10. Non -Waiver: No delay or failure on the part of the Declarant to invoke any available remedy in respect to a violation of any of the foregoing Restrictions shall be held as a waiver by the Declarant (or an estoppel of the Declarant to assert) any right available to Declarant upon recurrence or continuance of said violation or the occurrence of a different violation. 11. Waiver: The Declarant herein reserves and shall have the right alone to waive any one or more of the Restrictions contained herein as to any Tasker Warrior Lot owned by the Declarant. This waiver shall not affect the binding effect of the Restrictions upon any other Tasker Warrior Lot. The Declarant further reserves the right alone to impose additional restrictive covenants and Restrictions as to any Tasker Warrior Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Tasker Warrior Lots. 12. Invalidation: The invalidation of any one of the Restrictions contained herein by judgment or Court Order shall in no wise affect any of the other Restrictions which shall remain in full force and effect. The failure of the Owners or the Declarant herein to enforce 24 Allchacl L. Bryan VSB #15737 116 S. Braddock St wlnchesler, VA any covenants or Restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 13. Successors in Title and Assigns: The foregoing Restrictions shall extend to and be binding upon the Owners, and the Owners' successors in title, assigns and/or lessees, for the benefit of the Declarant, and the Declarant's successors in title and assigns. ARTf C L E X GENERAL PROVISIONS Section 1. Enforcement: The Association, its successors and assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all Restrictions, conditions, covenants, reservations, liens and charges, now or hereafter imposed by the provisions of this Declaration. hailure by the Association, its successors or assigns, or by the Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs and damages. Section 2. Severability: Invalidation of any one of these covenants or Restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and Restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the 25 c w Michac] L. Bryan VS11#15737 116 S. Braddock St Winchester, VA Association, or the Owner of any Tasker Warrior Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration if recorded, after which time, said covenants shall be automatically extended for additional successive ten (10) year periods unless and until Members having weighted votes in excess of sixty percent (60%) or more execute and deliver an amendment, modification, termination or release with respect to this Declaration Any amendment must be properly recorded among the lands records in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created or for the general welfare of the Owners of Tasker Warrior Lots. in the event that such dedication is refused acceptance, such assets shall be deemed vested in the Owners of the Tasker Warrior Lots. Section 5. Governing Law: This Declaration and the terms thereof shall be construed and interpreted in accordance with the laws and judicial decisions of the Commonwealth of Virginia. Section 6. Right of Entry for Enforcement: The Declarant and the Association, and each of them independently, shall have the right, upon reasonable notice, at any time and from time to time following violation or breach of any of this Declaration (i) to enter upon the 'Tasker Warrior Lots as to which said violation or breach exists and summarily to abate and remove, at the expense of the Owner thereof, any structure, object or condition that may 26 —c 0 MicLael L, Bryan VSB 415737 116 S. Braddock St Winchester, VA be or may exist contrary to the intent and meaning of this Declaration (including, without in any way limiting the generality of the foregoing, the care and maintenance of landscaping and Iawns, care and maintenance of improvements, removal of trash and debris, abatement of nuisances, removal or relocation of signs or other actions necessary to -enforce the terms of this Declaration) and/or (ii) to institute a proceeding before the Circuit Court of Frederick County, Virginia against the parties who have violated or are attempting to violate any of the provisions of this Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied and/or to recover damages for said violation. In the event the Declarant or the Association enter upon any Tasker Warrior Lot for the purpose of abating or removing any violation or breach of this Declaration, neither the person entering nor the party directing. the entry shall be deemed liable for any manner of trespass for such action, and the Owner of such Tasker Warrior Lot shall promptly reimburse the Declarant or the Association, as applicable, for the cost thereof. Payment of such amount shall be secured by a lien against the Tasker Warrior Lots, which lien may be foreclosed or otherwise enforced in accordance with applicable law, If such amount is not paid in full within thirty (30) days after such Owner is billed therefor by the Declarant or Association, as applicable, then the Declarant or Association, as applicable, may institute judicial proceedings in order to enforce 1 the collection of such amount, together with interest from the due date at the rate of ten percent (10%) per annum and attorney's fees and costs incurred in such judicial proceedings. Nothing contained in this Article DC, Subsection 6 shall obligate the Declarant or the Association to make entry to abate a violation of this Declaration. 27 Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA Section 7. Non -Waiver: No delay or failure on the part of the Declarant, the Association and/or any Owner of a Tasker Warrior Lot to invoke any available remedy in respect to a violation of any provision of this Declaration shall be deemed to be a waiver of such right upon reoccurrence or continuance of said violation or the occurrence of a separate violation, nor shall there be imposed upon the Declarant, the Association or any Owner a duty to take any action to enforce the terms of this Declaration. Section 8. Time: Time is of the essence as to all matters set forth in this Declaration. 28 [Signature appears on following page] h1lichacl L. Bryan VSB #15737 116 S. Braddock St Winchester, VA WITNESS these signatures and seals: TASEER WARRIOR PROPERTIES, LLC By: (SEAL) B_ . _.._, a...��.....,kkom COMMONWEALTH OF VIRGINIA, CITY/EHi-7d-T-' OF k t , The foregoing instrument was acknowledged before me on the'o +ay of 202I, by Beverley B. Shoemaker as Manager of Tasker Warrior Properties, LLC. My Commission expires: Qan� S THIS INSTRUMENT PREPARED BY: SHARON M. BUTLER NOTARY PUBLIC Michael L. Bryan, Esquire Commonwealth of Virginia 116 South Braddock Street Registration No. 251131 My Comminclon Fxpfros Winchester, Virginia 22601 540/5454130 MLi1/pma cADerds\7 26 21 Redline Comments to Decl2mdon jasker Wanfor Sccuro Staro Winchester VA) 1021/21 z9 ­d NNI'Ll, v ;iTEs _0 "T. `;,VICINITY. Y. AP boo! APPROVED BY DATE VIRGINIA D AR OF TRANSPORTATION DATE FREDERICK UUUN I T ouoL.)jvjz)jLj(, numinw nn i R DATE OWNER'S CERTIFICATE THE SUBDIVISION OF THE PROPERTY OF'TAS KE13- WARRIOR, PROPERTIES LLC IPIN 75-A-104E], AS APPEARS IN -THE ACCOMPANYING PLAT, IS.WITH'THEFREE CONSENT AND IN ACCORDANCE WITHTHE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS OR TRUSTEES, IF ANY. TASKER WARRIOR PROPERTIES LLC DATE: September 14 2021 BY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, CITYlM0X*='.OF WINCHESTER 1, TO -WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED. BEFORE ME THIS 14 th DAY OF September ' 2021. By Beverley B. Slionmeker, blanager . ON BEHALF OF TASKER WARRIOR PROPERTIES'LLC. 3HARON M. BUTLER MY COMMISSION EXPIRES January 31, 2022 NOTARY PUBLIC omrnonwealth of Virginia a i!itratlon No. 258315 NOTARY PUBLIC jtv4com lssIonExplrcs_1).sll9LlA_ SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE, PROPERTY CONTAINED IN THIS SUBDIVISION PLAT IS THE SAME PROPERTY -[PIN 75-A-1 04E] CONVEYED TO TASKER KER WARRIOR PROPERTIES LLC, BY, -DEED DATED MAY 19, 2016, FROM BOWMAN -SHOEMAKER COMPANIES; INC. [FORMERLY -KNOWN AS JASBO, INC.], WHICH DEED IS RECORDED IN THE CLERICS OFFICE OFTHE CIRCUIT COURT OF FREDERICk COUNTY, VIRGINIA, AS INSTRUMENT NO. 160004426. SUBDIVI ' SION'PLAT OF THE LAND OF . . tjH OF I- TASKER- WARRIOR PROPERTIES LLC INSTRUMENT NUMBER.160004426 SHAWNEE- MAGISTERIAL DISTRICT' FREDERICK COUNTY, VIRGINIA --t-W-Marsh Lic. No. 001843 DATE: DATE: 0910112021 SKEET s u vtlje:4 Marsh &legge.-Lan*d-SutveyRrs, P.L.C. 560 NORTH LOUDOUN STREET — WACHESTER, VIRGINIA 22801 DRAWN BY: CAJ t 40)6 EIANI.ofteQmarshardunscom EPHONE(540)FA670040A�& -FAX(540)667-0469,.- DWG NAME: ID11197-SUBD Li Z_ ,G01 r Xl" ro 1 X I 0 PIN 75-A-104E I i NEW LOT Nz I rn 1 - SHEET 4 SHEET 3 / I 5 AREA SUMMARY PIN 75-A=104E = 15.7905 AC. (ORIGINAL) NEW LOT = 7.2920 AC. PIN 75-A-105E = 8.4985 AC. (REMAINDER) W 8.4985 AC. 7.2920 AC. � I 4 I !r I f z I � tr r { � P5� SUBDIVISION PLAT - OF THE LAND OF TASKER WARRIOR PROPERTIES LLC INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SEE SHEET b OF 5 FOR CURVE AND LINE TABLES, NOTES, AND LEGEND DATE:09MI/2021 SCALE; 1*=200' SHEET Marsh & Legge Land Surveyors-P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466' - FAX (540) BA7-04N - F1,4AIL emGmush"lone.com LiH OR eel :y LIa.No.001843 DRAWN BY: CAd DWG NAME: ID11197SUBD MATCH j VARIABLE WIDTH SHEET 4 _ j I PRIVATE ACCESS, DRAINAGE & UTILITY O I j EASEMENT ~ REATED I HEREBY C ip (34.79) E r . PK� ' 3 , ti N (L12- uN uj c o a ►� c �,S co 20' FREDERICK WATER / EASEMENT HEREBY CREATED L211.47 L.3 Lz, 'LITU� J 1 9y c 5 . L11 , 01- ' (A=20.4; +64,L�5 0— RS L27 ! f, G� j f' .A. l25 1 V C9 I CI 5 47*24'26' E I Z'FREDERICK 9.86' (TIE)'RF/CAP o I w EX. 10' WATERLINE ESM'T I e WATER EASEMENT DB 919 PC 1780 I j Z HEREBY CREATED 3 PIN 75-A-104E WRAP 15.7905 ACRES (ORIGINAL) 8.4985 ACRES / (REMAINDER) ZONED: B2 i 20' DRAINAGE EASEMENT I HEREBY CREATED RF/CAP /`bW/CA� %r G SEX. 15' BELL CAP �Tq R:/ DB 885 PCA1620M T J (A=5..24) NEW LOT 1 - I N z v o, 7.2920 ACRES I �' i , m m 2'1 ZONED: B2 I I,� i f 20' FREDERICK- B� WATER EASEMENT HEREBY CREATED I I O LO v I N I v EX. 50' SNARED i S£PARA I BUFfER D3 919 PC 1780 ` EX 20' SANITARY 1 SL-#ER ESM'T DR 885 PC 245 IRS 50 �1 s i� 0 �2 t�. O r 35 g�G'R-ti�OA 5 �12o N ; K� 1 51g� �'G 50 EX. SLOPE & URAINACE ESM "T OB 8'79 PC 258 DENOTES NEW PROPERTY LINE SEE SHEET 5 OF 5 FOR CURVE AND LINE TABLES, NOTES, AND LEGEND SUBDIVISION PLAT OF THE LAND OF TASKER WARRIOR PROPERTIES LLC INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: OW)i ?D21 SCALE 1'=100' j SHEET 3 OF 5 Marsh & Legge Land Surveyors, P_.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 567-04M - FAX (540) W7-O 9 - EMAIL cMwGn nhandMpp =m IRV/CAP r_ IRF/CAP r RF/CAP EX. 20' DRAINACC ESM"T OB 919 PC 1780 TH OF r c C S.W. Marsh Llc. No. 001843 0 �D sus'4 � DRAWN BY: CAJ DWG NAME: IDII I97SURD c SEE SHEET 5 OF 5 FOR CURVE AND LINE TABLES, NOTES, AND -LEGEND � 9y 'eoo 0- �� s \ PIN 75L-3-3-77A I AUTUMN GLEN-FREDERICK COUNTY, VA I HOMEOWNERS ASSOCIA TION, INC. INST 190004208 ( L — — — — — — ZONEDRP.- — — — I i IRF/CAP N 48'46'25" W 372.48' (TOTAL) _ IRF CAP j 214.42' IRS 166.06' EX. SANITARY c�a �1 SEWER. ESM'T N �Q)Al- ✓ rn y INST. 040011207 20' DRAINAGE I 1 m. 1 EASEMENT l 1 HEREBY CREATED I a I 20' DRAINAGE c N EASEMENT ( NEW LOT 1 x t1EREBY CREATED 7,2920 ACRES o aH 7; ZONED: B2 o Z A z I IP1N 75-A-104E pC 115.7905 ACRES (ORIGINAL) �`b �'' g o w 13.4985 ACRES co o � Ln � I � �� � o 3: x � (REMAINDER) N �� o I °p o o� o w p oo Z z 00 I ZONED: B2 EX. DRAINAGE EASEMENT vt I ,::4 INST 020006555 'i I 4 (, II � ! MATCH - SEE SHEET 3 1 \ I'/ SUBDIVISION PLAT + OF THE LAND OF ' NTH OF 7ASKER WARRIOR PROPERTIES LLC INSTRUMENT NUMBER i60004426 SHAWNEE MAGISTERIAL DISTRICT 01011 A FREDERICK COUNTY, VIRGINIA S.W. Marsh Lic. No. 001843 DATE:09101/2021 SCALE:1'=100' SHEET4.01`5 INo sunv� Marsh & Legge Land. -Surveyors, P.L.C. , 5W NORTH LOUDOUN STREET-••WINCHESTER, VIRGINIA22601 DRAWN BY: CAJ PHONE (540) 667.04M - FAX (540) W7-VM - EMAIL aMw tMmhandM6=m DWa NAME: ID11197-SUED CURVE TABLE CURVE RADIUS ARC -'CHORD BEARING DELTA Cl 673.00' 92.35' : 92.27' N 40*59'04' E 07'61'43" C2. 323.00' 46.53'• • 46.4 ' N 32'65'36' E 08'15'12' C3 40.00' - 62.83' 56.57' N 01-68-40- E 90-00'00" C4 50.00' " ' 76.60' S 23'0170"E 100'00'OD" C5 702.50' 375. T 1:40' S 42'18'2W W 30.39'20" C6 827.50' 236.91B'•' 236.15' S 4 ' 5'48' W 16'24'25" C7 44.50" 1124' 11.21' S 3 '3T32" E 14'2819" C8 55.50' 135.11' 1 4 3' S 89'01'08" E 139.20'07" C9 165.00' 53.65' 53;41' S64'1.7'30'E 18'37'47" C10 22.00' 34.50' 86'51'57" E 90.00'00" C11 22.00' 27.67.' • 26.04'• S 11'50'49' E 72'34'28" C12 59.50' 43. 2.7.1' N 27-13'47" W 42-03'59" C13 115.00' 43. 7' . 3.41.' N 59'DO'43"W' 21'4527" C14 55.50' 107.89' 91.68' N 89'07'31" W 111'22'37' C15 105.60' 47.12' 48.73' 7 '2V58" W 25'35'22" LINE TABLE LINE IBFARING DISTANCE L3 S 71'33'10" W 4; 3 L4 N 50'21'10' W 11.61' L5 N 58'00'04" W 38.97' L6 N 72'5 4 W 154.70' L7 S 57`08'40' 146.93' L8 S 53*22'44 E 36.92• L9 N 86'33'0 6.62' .10 N 41"51'57" E 21.63' L11 IS 48'08'03" E 21.44' L12 IS 71'06'20" E L13 N 86'13 25" E IT68, L14 N 63'33'09" E .68' L15 S 26'26'51" E 1 .10 L16 N 48'07'69" W 50.77' L17 N.68'34'16' W 5 L18 N 48'36'36' W 125.2T L19 S 82'30'57" W 56.93' L20 N 74'59'03' W 63.35' L21 N'52'45'55" W 216.36' L22 I N 03'4T57- W 41.63' L23 IN 38*09'16" E 92.23' L24 N 48' 16'29" W . 31.09, L25 S 48'1629",E 37.96'' L26 S 03'26'30" E 16.73' L27 S-38'09'16"•W 91.53' L28 S 03'47'6 " E 24.76 L29 S 52'45'55" E 116.91, L30 N 36.37'15"'E 20.61' L31 N 53'2245' W 34.32' LEGEND BRL - BUILDING RESTRICTION LINE IRF - IRON ROD FOUND IRS - IRON ROD SET LINE BEARING DISTANQE L32 N 36'37'15" E 0.00' L33 S 53'2245' E 32' L34 N.36'37'1 22.32' L35 N 63'22 45" W 2.00' L38 N 36.37'15' E 20.00' L37 8'53"22'45" E L38 N-36.37'15" E 72.73' L39 N 81'37'15" E 64. ' L40 S 08'22'45". E 20.00' L41 S 81'37'35' W - 56.00, L42 S 36'37'15' W 149.91•' L43 S 52.45'55' E 37.2 ' L44 N 38'03' 3' E 66' L45 S 51'56'47"- E 20.00' L46 5 38'03'13" W L47 IS 52*45'55" E 8. D' L48 S 4*59*03" E 5 . 4' L49 N 62'30'57" E 62.04' L50 N 48.46'25" W 30.00' L51 N 41'13'35" E 15.00, L52 S 4B'46'25" E 30.00, L53 S 41.13'35" W 16,00, L64 S 48'36'36"'E 76.34' 116.4 ' Lb 20.00' L67 69' L58 IS 48'38'36- E 38,76' NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. BOUNDARY INFORMATION IS BASED ON A BOUNDARY SURVEY PLAT BY GREENWAY ENGINEERING DATED MAY 12, 2016 RECORDED IN INSTRUMENT NUMBER 160004426. SUBDIVISION PLAT OF THE LAND OF TASKER WARRIOR PROPERTIES -LLC INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA i `r° PIN 75-A-104E r- •r r4 L50 O L52 _•. 3 :DETAIL.:..:•: U .' ;SCALE; 1"=40', I DATE: 09I01/2021 1 1 SHEET 6 OF 6 I Marsh & Legge •. LandZurveyors, PIZ. 580 NORTH LOUDOUN STREET -• WINCHESTER, VIRGINIA-22601 PHONE (540) 667-04N •- FAX (540) W740 -EMAIL c5oo9marshardame,aom \T H OF ;,P i a S.W. MaM -'- Lie. No. 001843 AND SUR`1E�0 DRAWN BY: CAJ DWG NAME; ID11197-SUBD VIRCINIA: i=REDERICK CQUNTVSCT ihls mstrumonl otWritlrtpw75tlraduer d tonterin and with cectilicate-3CknowledEteme1ittii 'etoannoxed was admitted to record. faximposedbvSac.5S.1-802of $—q--,and 55.1801havebeen paid, ifassessable. i n , / .- IL O , clerk U REZONING APPLICATION #06-22 TASKER WARRIOR PROPERTIES LLC Staff Report for the Board of Supervisors Prepared: September 12, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Comillissioll: 09/07/2022 Recommended Approval Board of Supervisors: 09/28/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/28/22 BOARD OF SUPERVISORS MEETING: This is a proposal to amend the proffer statement approved with REZ #04-18 (Tasker Road & Warrior Drive Commercial Properties LLC). The proposed amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by -right development of a financial institution/bank on the subject property. No other provisions in the previously approved proffer statement are proposed to be amended. The 8.5-acres subject property is zoned B2 (General Business) District and located in the Shawnee District. Followinu the reauired (mblic hC(Iringa decision I•egardhit' this rezoning. at)l)licution by the Board o SuVervicorc would be aurrorviatc The Au)licarrt should be ImCpared to adeauate/y address a// concerns raised by the Board of'Srrnervisors. Rezoning #06-22 — Tasker Warrior Properties, LLC September 12, 2022 Page 2 Thi,y report is prepared bt, the Frederick C011lrty P11r111jlll , Staff t0 provide infin-mation t0 the Planning COi1 misyion and the Board of upervis•ors to assist them in making a decision Oil this application It may also be useful to others interested in this• zoning matter. Unresolved issues concerning, this application arc noted by staff where relevant throughout this staff'report. PROPOSAL: The proposed rezoning (proffer amendment) seeks to modify the hours of operation approved with REZ 1104-18 and to allow for the installation of a 24-11ou1• ATM/ITM machine in conjunction with a by -right development of'a financial institution/bank on the 8.5-acre subject property. LOCATION: The subject property is located at the northwest corner of the intersection of Tasl<cr Road and Warrior Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-104E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant/Undevclopcd ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) South: RP (Residential Performance) East: B2 (General Business) West: RP (Rcsi(iential Performance) REVIEW EVALUATIONS: Planning & Zonhij,: I) Site Histo , Use: Vacant/Undeveloped Use: Open Space Use: Commercial Use: Rcsidential/Open Space On April 8, 1998, the Board Of' Supervisors approved Rezoning #02-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. On February 13, 2019, the Board of Supervisors approved REZ #04-18 which rezoned 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. REZ #04-18 restricted hours of'operation for all land uses that are permitted within the B2 District Rezonino #06-22 — Taskcr Warrior Properties, LI_C September 12, 2022 Pa(,c 3 portion ofthe property by requiring the bLISillCSSCS to be closed to the public from 11:00 p.m. to 6:00 a.m. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of rrederick County. The Comprehensive Plan is all Official pllbhc CIOCLIIIICllt that serves as the COnllllunity'S guide for malting decisions regarding development, pl-CSCI-Vat1011, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment Within Frederick County. It is in essence a composition Of policies used to plan for the future physical development of Frecerick County. The Area Plans and Appendix I ofthe Comprehensive Plan are the primary implementation tools and Will be instrumental to the Future planning efforts Of the County. Comprehensive Plan Land Use Compatibility The 2040 Comprehensive Plan and the Southern Frederick Land Use Plan (SoFred) designate the Subject property as part of the "Tasker/Warrior Neighborhood Village." The property is also Within the limits of the Sewer and Water Service Area (SWSA) and the Urban Devclopment Area (UDA). The area plans States that within this "neighborhood village" is a small -Scale commercial area Ls Sensitive to the existing residential character of the area, ill particular the scale of the adjacent neighborhoods, vet seeks to build upon the existing commercial character of this intersection. The commercial land uses shall he (?fa general scale and context similar to projects such as Creekside. The existing B2 (General Business) District zoning is consistent With the Plan. The proposed rezoning (proffer amendment) while altering the IIOLII-S Of operation IOr financial 1llStltLltions/banks does Ilot Change the "Z.olllllg CIIStl-iCt 01- land L1SCS iIiICI aS SLICII 1S 111 cogft)r lance With the Comprehensive Plan. 3) Access & Transportation The proposed rezoning (proffer alllenchllCllt) does not propose a1 michllents to proffers pel'tallling to trallsportatloll alld Site aCCCSS With the I)I'CVIOLISly approved REZ #04-18. As noted in the included Impact Analysis Statement, the proposal tO alter the hours ofoperation, specific only to banks/financial institutions, Will not result in any measurable change to trip generation/traffic. 4) Potential Impacts Proffers The proposed rezoning (proffer amendment) seeks to allow for the installation of a 24-hou1- ATM/ITM machine in Conjunction with a by -right development of i financial institution/bank on the subject properties. No other provisions in the previously approved proffer statement are proposed to be amended. Rezoning #06-22 — Tasker Warrior Properties, LLC September 12, 2022 Pace 4 County of Frederick Attorney: Plcuse sec attached email.li•arr Roderick B. [Villicrms, County Altornev doled Ju11, 28, 2022. PLANNING COMMISSION SUIVIMARY AND ACTION FROM THE 09/07/22 MEETING: The Planning Commission received a presentation alld (l1SCLISSCd the proposed proffer anicncI111Clit (rezoning) on September 7, 2022. Thcl'c werc no Conlnmits from the Planning Commission. The Plalllllllg Commission sent the application Ionvard to the Board oI Slll)Cl'\,1S01'S With a rcco lllllendation OI approval (COIllmissioncrs Thomas, Markert, Aikcns, Moldcn and Kcrns — Abscnt). Followinu the reauir•ed imblic hearinu a decision r•eum-ding this rezoninu application br the Board o ' Supervisors would he annrocn•iate The Avplicant should be nr•epared to (ide(mateli, address all concerns raised bi, the lolled of SnDPr visors. LYNN DRY Ly'k '216 .1 I 6 L 1Dq ?08, M DR 74 WA Iff "1 0. —..Ljog NMOR LYNNOR RD 17 ism 646 WARE R DR C%WARRl.?tDR WA PRI 4 Al!%q OARRO %,640 227 R IORIDR AWk WARRIORI �S/AN AN OAR RD 'M& -A ,641W, 10 -dw DR REZ # 06 - 22: Tasker Warrior Properties, LLC PIN: 75 - A - 104E Proffer Amendment Zoning Map awlDewy MY YC LER 2 . RAYRRY67 ERRY C Y�RRY G02 ' a L„r- RAYIERRYCi 100 BA Y8 ERR 1\Y CT RAYRERRY C a# RAYRERRY C 107 200 RA_ YIERRY C LYNN DR IIS {AYRERRY C 202 206 LYN OR LYN DR 2 LYNN DR 211 lYN OR 2t6 DR 71I WARRIO .DR Parcels OSewer and Water Service Area B2 (General Business District) RP (Residential Performance District) R v f f i a �, e REZ s,06 22 a � 610 `� WARRIORD WARRgR DR N b ♦�'� WARR D WARRIO D� �64G WARN DR WAR W `NO 610 WA WARRIOR%WAo,�D� 610 610 w WAR��•OR WARRIOR DR'R 610 WARRIORrD�� WARRIObO 240 M3 qM %n @RRM m 93 • m Im O. MAGEDO 1-, rN.t CNUR,� -h?yy r E 6 CEDAR IIOUNTMI DR �I. Cat �Lr oa� \ 44"Do COOS OR 9f�� rER0 EpRMOOR N� W y�'F� F S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 480 Feet Map Created: August 16, 2022 " newer anc vvarer aervice nrca Long Range Land Use Neighborhood Village OResidential. 4 Wa q,, frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 480 Feet Map Created: August 16, 2022 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2. Business Gencral District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcel 75-A- 104E, 8.5 acres (here -in after the "Property") RECORD OTHER: Tasker Warrior Propertics, LLC (Tax Parccl 75-A-104E) APPLICANT: Taskcr Warrior Properties, LLC (here -in after "Owner") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OP PROFFERS: April 8, 1998 REVISION DATE: .lanuary 18. 2019 May 5. 2022 August 10,2022 Preliminary Matters PUfSllallt to Section 15.2-2296 Et. Seq. of the Code of' Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional "Lolling, the undersigned Owner hereby prol'lers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application 9 for Tax Parcel 75-A- 104E (15.79a acres zoned B2, BUSlness Gencral District) to establish 20.86+ acres of' B2, Business General District and RP, Residential Performance District with revised proffers: development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that SLICK terms and conditions may be subsequently amended or revised by the Owner and SLICK be approved by the Frederick County Board of' Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted. then these proffers shall be dcemed withdrawn and have no cf'lcct whatsoever. These prolTers shall be bindlllg upon the Owner and any legal successors, heirs, or assigns. The Property is identified as "fax Map Parcel 75-A-1041 , owned by Taskcr Warrior Properties, LLC, recorded as 111SU'unlent Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owner proffers to prohibit the following land uSCS that are permitted within the B-2. Business General District portion ol' the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (p111111)S at convenience Stores arc allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf CO111'SCS Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted HOW'S Of Operation The Owner proffers to restrict hours of'operation for land uses that arc permitted within the B-2. Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 I'M to 6:00 AN/I. ATM/ITN/1 machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24-11ours a clay, 7 days a week. Acid itionally, the Owner proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of'the Property tiro", 11:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a "monetary contribution Of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of' the Certificate of Occupancy Permit For any pl'llllal'y Stl'L1Ctlrl'e COnSti'l1etCCI 011 the P1'OI)C1'1y. OmTer Si; nature The conditions proflcrcd above shall be binding upon the heirs, executors, administrators. assigns and successors in the Interest of the 0\VIle1'. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions. the proffered conditions shall apply to the land rezoned in addhion to other requirements set forth in the Frcdcrick County Code. Respectfully Submitted: Acknowledged and accepted this day ol_, 2022. By: Signature For: Company Narne Phone Number TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75 A 404-&-75-A-I04E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and-R-i' 12���;1-I-'er;c�i-ma }se District -with Proffers to B-2, Business General District R-c—,cdci4a44k-F m;i+a; ec—)4Fst-icrwith Revised Proffers PROPERTY: Tax Parcels 75-A-1-811; 5.07s ac I-cs--and-75-A-10413; 8_51-5.7-9a acres (here -in after the "Property") RECORD OTHER: _f w �I}-S�iec I �t-Coliil3a+�+c's 1+� (Tax n^ eel 75 n 1011) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: -Bcfi-n�eemAmei-Geii}-paiiies-lne— d-Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5. 2022 August 10.2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002 98 for Tax Parcel 75 ^ 1011 (11 CCeI�c -al Disti4et Hied 0 624- 1 eres zoned , Tax ilai-eel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District With revised proffers; development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of' Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Mi,13 P-ar;el "'- A iO4. ov,►i ed-by-RoNvnian Cheer Cen�a�3 ics-l-nc—+�►fleel-�� 5-Beecl-Dealt-6�,4-1'-age-4s1�-{mil-asbe-l-Nc—Cert-i (=►sate-e 1=C�4-ra+rb�e-alp Name -to Bey+eran-Sheer fdl e�i-panieT0700-14-36-7)-a-nd--Tax Map Parcel 75-A-104C, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion ofthe Property 1rom being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf'Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted I -lours of Operation The Owners proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of' the Property by requiring the businesses to be closed to the public 1rom 1 1:00 PM to 6:00 AM. ATM/ITM machine as an accessory use to a tmancial institution/bank shall be allowed unrestricted 24- hours a day, 7 days a week. Additionally, the Owners proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 1 1:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of' $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of' issuance of the Certificate of'Occupancy Permit for any primary structure constructed on the Property. Owner Si;;nature The conditions proffered above shall be binding upon the heirs, CxccutorS, administrators, assigns and SIICCCSSOI'S ill the IlltCI'CSt Of tIIC OwIICI'. Ill the eVCilt the Frederick County Board 01' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully SIIbmitted: Acknowledged and accepted this day of_, 2022. Bv: Signature For: Company Name Phone Number I ugusl 2022 Tasker Road and IVarrior Urine Commercial Property Re_oninm, Prolki- Amendment II IMPACT ANALYSIS lusher /mild and II'urrirrr Drive Commercial Properly . I evens! 2022 Re--mhig Pro%Jer : I mendmew INTRODUCTION AND JUSTIE-ICATION The +/- 8.5-acre Property fronting Warrior Drive, identified as tax map parcel 7.5-A-1041"', \vas rezoned with proffers with the Frcdcrick County Board of Supervisors approval of RZ # 02-98. The proffers to the original rezoning were amended with the approval of RZ # 04- 18. This application seeks to allow for the installation of an ,A"1 M/1'1'M machine in conjunction \vith a by right dc\'elopment of a financial institution/bank on the subject property. Under the existing proffers this common and t�•pical machine would not be allowed (tile to its 2-1-hour accessibilitY. "This proffer amendment seeks to onl�' allow for the placement of an ATiM/1'1'\1 fol- the use and access of the financial institution's Customers. An exception to the restriction re(Iuiring bltSII)CSSCS to be closed bet\vicen the ]lolll'S of I l PM to GAM is warranted in the case of a bank 1)1-oviding 2-1 hour access to an machine. No other amendments arc proposed with the application. '1'hc applicant is confident that the proposed rezoning proffer an)encln)ent is consistent With the land use policies of the (:ornprchensi\-e Police Plan, the land uses 1ntCndec1 under the previottSly approved rezoning applications, and will not result in negative net impacts. COMPRL'IIE-NSIVE- PI AN / LAND USE- /ACCESS AND TRANSPORTATION / S1'r1 SUITABILITY / SEWAGE CONVE-I'ANCI' AND WA'1'1' It SUPPLY / HISTORIC SITES AND STRUCTURE-S / IMPACT ON COMMUNITY FACILI'1'1I:S "111e proposed proffer amendment does nol impact this group of rezoning application evaluation and assessment categoric,". 'Hie current application will not add or decrease land use that will result in ally measurable change in the justifications and calculations utilized in evaluating and approving the pre\•ious rezoning applications on the Subject property 7o be completed br Planning Shi : Fee Amount Paid $ Zoning Amendment Number Anticipated PC IIearing Dale Date Received Anticipated 130S Ilearing 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: Tasker Warrior Properties, LLC Specific Contact Person if'Other than Above: C/O Beverly Shoemaker Address: PO Box 480, Stephens City, VA 22655 Telephone: 540-869-1800 Name: Specific Contact Pcrson if Other than Above: Address: Telephone: Email: bshoemaker@bowman-shoemaker.com 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, ellgineel'ing fil'lll, or other person, if any, serving as the primary contact person for this application: Firm Namc: Pennoni Assoicates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200 Telephone: 540-771-2087 Email; dfrank@pennoni.com Please note that, if a law tirm, engineering firm, or other person, other than the owner of'thc property, will be acting on behalf'ol'the owner and/or executing papers on beliall'ol'thc owner in connection Nvith 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): Tasker Road and Warrior Drive Commercial Properties 5. Properhy Information: a. Property Identification Nunlber(s): 75-A-104-E b. Total acreage of'the parccl(s): 8.5 AC c. Total acreage of'parccl(s) to be rezoned (if'other than whole parcel(s) is being rezoned): 8.5 AC d. C(II'I'Cllt "!_011ing (ICSIglIatlOn(S) and IIC1'Ca9C(S) Ill CBCII (leSlgllat'on: B2 - 8.5 AC e. Proposed zoning designation(s) and acreage(s) in each designation: No change - B2 8.5 AC f. Magisterial District(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance frOnl nearest intersection, using road names and route numbers): 0000 Warrior Drive, Stephens City, VA 22655 Parcel at SW corner of Warrior Drive and Tasker Road h. Adjoining Properties: Parcel ID Number Use Please attach additional page(s) if'necessary. Zola Property identification nulllbcrs, magisterial districts, and deed book and page Ilunlbers/ instrument nunlbers niay be obtained front the Office of' the Conlnlissioncr 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 anlclldillellt to make complctc ChSCIOSLII'C OI tl1C CCILlltablc ownership ol'thc real estate to be affected including, in the case ol'corporate ownership, the name o1'stockholdus, oflicers, and directors, and in any case the names and addresses ol'all real parties of'intucst. Frederick County has, by County Code S 165-101.09, adopted such an ordinance. For each business entity that is an owner Or contract pLlrchascr 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 entih' that is an owner or contract purchaser of the property (you need not indicate the amount or extent O('thc Ownership interest). PlcasC note that this requirement does not apply to a corporation whose stock is traded oil a national or local stock exchange and having more than 500 sharcholdcrs. Tasker Warrior Properties, LLC C/O Beverly Shoemaker PO Box 480, Stephens City, VA 22655 Please attach additional pagc(s) it'necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement 21 Proffer Statement (if'any) 0 Agency Comments ✓0 Fee ✓1 Copies of Decd(s) to Property(ies) ✓� Tax Payment Verification R1 Digital copies (pol's) OF all SUbmitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectftilly make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: -1Z- Lo2Z Date AP 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 ADJOINING PROPERTY OWNERS Owners of property adlolning 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 IlUmber which may be obtained from the office of the Commissioner of Revenue. The Connnissioner of the Revenue is locoled on the 210floor of the Frederick Building, 107 North Kent S'lr•eel. Name and Property Identification Number Address Nan,e PO Box 480 Stephens City, VA 22655 Property 875-A-104-1 Name Trustland Development Properties LLC 126 Laredo Court Stephens City, VA 22655 Property # 75-A-104 Name Jem VI I LLC c/o CVS Corp #1819-01 attn P Durand 1 CVS Dr Woonsocket RI, 02895 Property # 75-A-1 05-D Name H N Funkhouser & Co INC PO Box 2038 Winchester, VA22604 Property # 75-A- 1 05-C Name City National Bank 25 Gatewater Rd Cross Lanes. WV, 25313 Property # 75-A-105-B gar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 FI75-A-105A-1 Name2lvlexico LLC c/o G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 Property # 75-A-105A-1 Name NCVR Properties LLC 2227 Valley Ave Winchester, VA22601 Property # 75-A- 1 05A- 1 Nan,e Rainbow Realty & Investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 Property # 75-A-105A-2 16 Name and Property Identification Number Address Name Warriorgir1777 LLC 640 Warrior Drive STE104 Stephens City, VA 22655 Property 1175-A-105A-3 Namc Hild Properties LLC 568 Garden Gate Dr Stephens City, VA 22655 Property 1175-A-105A-1 NameTran Phong V 21055 Danbury Ct Sterling, VA 20164 Property 1175-A-105A-4 Name HOJO LLC 310 N Commerce Ave Front Royal, Va 22630 Property 1175-A-105A-5 Name Capuano Umberto 170 Delco Plz Ste 4 Winchester, VA 22602 Property 1175-A-105A-6 Name Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property 1175-A-105A-7 Name Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property 117 5-A- 1 05A-8 Name Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 Property # 75-A-105A-9 NameTimo Investments of VA LLC 13310 Tannery Ct Fairfax, Va 22033 Property 1175-A-105A-1 Name Adam Arria 19 Catoctin Circle Leesburg, Va 20176 Property 1175-A-105A-1 Name Aligning Stars LLC 2101 Gun Barrel Rd White Post, Va 22663 Property # 75-A-105A-1 Manic Old Dominion Greens Homeowners Assoc Inc PO Box 480 Stephens City, VA 22655 Property # 75-P-1-3-207-A Name Autumn Glen Frederick County, Va HOA Inc PO Box 2580 Winchester, VA 22604 Property 1175-1--3-3-77-A Name Property 11 17 July 28, 2022 VIA EMAIL Mr. David Prank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us fcva.us Re: Rezoning Application — Tasker Warrior Properties, LLC —Tax Parcel Number 75-A-104E ("Subject Property") — Proffer Statement revised May 5, 2022 ("Proffer Statement") Dear Mr. Prank: You have submitted to Frederick County for review the Proffer Statement, received by my office on July 26, 2022, for the proposed rezoning of the Subject Property, 8.5f acres in the Shawnee Magisterial District, from the B2 (General Business) District, with proffers, to the B2 (General Business) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a farm to meet the requirements of the Frederick County Zoning Ordinance and the Code of' Virginia, and would be legally sufficient as a proffer statement, subject to the following comment: • Preliminary Matters — To avoid any ambiguity, the reference to Rezoning Application 4002-98 should be left blank, to allow insertion of the current rezoning application number. Likewise, the reference to the parcel number should be revised to show only parcel number 75-A-I04E, as the Proffer Statement does not otherwise purport to amend the proffers applicable to those parcels that were part of the previous 1998 and 2019 rezonrngs. \lr. David Prank Jule 28. 2022 Pauc 2 I have not reviewed the substance of the proffers as to whether the 1)1'01'(crs arc suitable and appropriate for this specific CICVCIopment, as Ill)' UIRICl'Standing IS that review will be done by staff and the Plallnin(!, Commission. Sincerely, A/60�-. Roderick 13. Williams County Attorney cc: Wyatt Pearson, Director. Planning & DCVCIOI)I1lCllt, FI-CCICI'ICk COUIIty Via email) Tyler Klein. Senior Planner. Planning & Development, Frederick County via email Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Deparhiicnt of Planning; & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-56S1 Facsimile (540) 665-6395 Know All N'1en By'I'hese Presents That: Tasker Warrior Properties, LLC Name oh Property Owner/Applicant Please note: If the property owner/applicant is an entity, tlac mmne of the Cot ily should appear above. If nmlIiPIC Persons oten the Property or;Ire applicants, all executed Power of attorney from each owner will be needed. PO Box 480, Stephens City, VA 22655 540-869-1800 Moiling Address of Property Owner/APplicant 'i'elephonc Numbcr its owner of, or applicant with respect to, the ti•act(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 75-A-104-E do hereby make, constitute, and appoint: Pennoni Associates, Inc./ David Frank Name of Allorncy-In-pact 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 540-771-2087 Mailing Address of Allorncy-In-Pact Telephone Number to act as my U•uc and lawful attorney -in -fact for and in my mane, place, and stead, with the sainc full power and authority 1 would have if acting personally, to file and act on my behalf with respect to application with Fretle►•ick County, Virginia for the followI'm- (lie above identified property: iV Rezonining Subdivision Conditional Use Permit H Site Plan B N4aster Development Plan (prelim. or final) Q Variance 01- zoning Appeal :old, further, illy attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the clay that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature 'title (if Si Statc of \I ky 9\n\u , Comity/Qty-of �( C-OeLC\'\ , To wit: I, k-%, a Notary Public in and for the jurisdiction aforesaid, cutify that the person who signed the for going instrument personally appeared before nic and has acknowledged the same before le in the jurisdiction aforesaid this clay of-,�� , 2(l�Z My Commission Expires No ar t r 1Zcgistration Number: TINA L. SCRUGGS NOTARY PUBLIC REG, #t334353 MY COMMISSION EXPIRES JAN. 31, Prcdrnct.Ilome I- rcdcrIck County VII'gIII ICi Ln+ .�r rrn rnp� Pay/Lookup 'faxes � l P y ment Home PorSrnat Property i. 'r P'ry P,Irking Violatior'i Other P, ymeoh Sh0pp1nyC W(0) Rn Options Ch,tnyr- Fmt,il Dept[ricket# RE2022 / 407150001 Name TASKER WARRIOR PROPERTIES LLt Name Address PO BOX 480 STEPHENS CITY VA Zip 22655 480 Real Estate Ticket Detail Previous 2022 REAL ESTATE Frequency 1 Map# 75 A 104E Bill Date 04/25/2022 Due Date 06/06/2022 Desc 8.50 ACRES Supplement# 0 Account# 8038499 Acreage 8.500 Improvements $0.00 Land Value $1,481,000.00 Land Use $0.00 Minerals $0.00 Penalty Paid S0.00 Interest Paid $0.00 Last Transaction Date 05/12/2022 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $4,517.05 (S4,517.05) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2022 Charge 0 S4,517.05 $4,517.05 5/11/2022 Principal Paid 27462 ($4,517.05) $0.00 Previous N d u Id cd L i-4 0 i d i .a J u M a s 0 i r` 0 z4 w m x to H hlkhael L. Bryan VSU #15737 116 S. Braddock St Wlncbater, VA 2100:17949 THIS DECLARATION, made and dated this 25th day of. 0ctoher , 2021, by and between TASKER WARRIOR PROPERTIES, LLC, a Virginia limited liability company, hereinafter referred to as the "Declarant", and THE COUNTY OF FREDERICK, VII;GINIA, hereinafter referred to as the "County". RECITALS: A. The Declarant Is vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of wnty and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 15,7906 acres, more or less, situate at the intersection of Tasker Road (State Route 642) and Warrior Drive, and being more particularly described by that certain plat titled "Boundary Survey of the Land of Bowman Shoemaker Companies, Inc. (Tax Parcel 75-A-104B)" dated May 12, 2016, drawn by Ernest S. Holzworth, L.S., a copy of which is attached to the hereinafter mentioned Deed and incorporated herein by reference as if set out in full; and being the same lands acquired by Tasker Warrior Properties by Deed dated May 19, 20I6, recorded among the land records in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 160004426. Tax Map No. 75-A-104E (the "Parent Tract"). B. The Declarant, seeks to subdivide the Parent Tract into two parcels, as follows: (i) that certain parcel of land containing 8.4985 acres, more or less, designated as "PIN '5-A-104E 15.7906 Acres (Original) 8.4985 Acres (Remainder)" on that certain plat titled Subdivision Plat of the Land of Tasker Warrior Properties LLC" dated September 1, 2021, Yawn by S. W. Marsh, L.S., a copy of which is attached hereto and incorporated herein by eference as if set out in full (the "Subdivision Plat") ("Pareel III"); and (ii) that certain iarcel of land containing 7.2920 acres, more or less, designated as "New Lot 7.2920 Acres" ,n the attached Subdivision Plat ("Parcel #2"). C. Tlie subdivision of the Parent Tract is with the consent and approval of the , as evidenced by its execution of the attached Subdivision Plat. D. The Declarant intends to create and impress the following easements or rights way upon Parcel 111 and/or Parcel #2: i. That certain access, drainage and utility easement over a portion of #1, designated as "Variable Width Private Access, Drainage Easement & Utility . ent I•Iereby Created" on the attached Subdivision Plat (the "Access, Drainage and ty Basement"). ii. Those certain drainage casements over a portion of Parcel #1, ignated as "20' Drainage Easement I Iereby Created" on Shect 3 of 5 and Sheet 4 of 5 on attached Subdivision Plat (the "Parcel #1 Drainage Easements"). iii. That certain drainage easement, 20' in width, over a portion of Parcel Michael L. Bryan #2, designated as "20' Drainage Easement Hereby Created" on the attached Subdivision Plat VSB #15737 116 S. Braddock St (the "Parcel 112 Drainage Easement"). Wiucbcster, VA iv. ' That certain utility easement for the benefit of Frederick County lion Authority d/b/a Frederick Water designated as "20' Frederick Water Easement y Created" on the attached Subdivision Plat (the "Frederick Water )Easements" ). The and conditions applicable,to the Frederick Water Easements are set forth in that certain ick County Sanitation Deed of Easement recorded in the Clerk's Office of the Circuit of Frederick County, Virginia immediately alter the recordation of this Declaration. v. That certain multi -tenant sign casement over a portion of Parcel fil, designated as "Multi -Tenant Sign Easement liereby.Created" on the attached Subdivision (the "Sign Easement"). vi. That certain access road bioremediation filter facility located on the northeast side of the Access, Drainage and Utility Easement over a portion of Parcel III in order to treat the surface storm drainage created by the Private Access Road (as defined in Recital E, below) extending from Warrior Drive to the eastern boundary of Parcel 1/2, as more frilly set forth hereinafter (the "Bioretention Pond"). E. The Owner of Parcel #2 shall construct a commercial sign within the confines of the Sign Easement, as is more fully set forth In Article VI below. F. A private street, including a cul-de-sac, shall be located upon the Access, Drainage and Utility Easement referenced in Recital D, above (the "Private Access Road") shall be constructed by the Owner of Parcel #2, as more fully set forth hereinafter. Michael L. Bryan G. The Declarant intends to set forth the responsibilities and obligations for the VSB N15737 116 S. Braddock St Winchester, VA installation, maintenance, repair, improvement and/or reconstruction of the to Access Road, the Commercial Sign, and the Bioretention Pond, as more fully set hereinafter. NOW, TREREFORE, WITNESSETII: That for and in consideration of the ises conveyed, and other good and valuable considered deemed adequate at law; the )t and sufficiency of which is hereby acknowledged, the parties do agree as follows: ARTICLE I • DEFINITIONS (a) "Association" shall mean and refer to the Tasker Warrior Commercial aintenance Association, Inc., a non -stock Virginia corporation, its successors and assigns. (b) "County" shall mean and refer to the County of Frederick, Virginia. (c) "Declarant Control Period" shall commence upon the date of recordation of this Declaration and end upon the date upon which all of the Tasker Warrior Lots have been conveyed by Declarant to a purchaser thereof, or December 31, 2027, whichever shall first occur; provided, however, the Declarant may, in Declarant's sole and absolute discretion, elect to terminate the Declarant Control Period on such earlier (late as the Declarant in its sole and absolute discretion deems appropriate. (d) "Member" shall mean and refer to every person or entity who holds in the Association. tltichaet L. Br)." (e) "Owner" shall mean and refer to the record owner, whether one or more VSB #Y 5737 116 S. Braddock St Winchester, VA persons or entities, of fee simple title to Parcel III and Parcel 1/2, and any lots or parcels of hereafter subdivided from Parcel ill and/or Parcel 112, including contract sellers, but . excluding those having such interest merely as security for performance of an obligation. (f) "Private Access Road" shall mean and refer to that.certain private access street extending from an entrance onto the western side of Warrior Drive extending across a portion of Parcel ill to the eastern boundary of Parcel 112 for purposes of non-exclusive ingress/egress/regress from Warrior Drive to the Tasker Warrior Lots for the benefit of the owners of the Tasker Warrior Lots, and their respective owners, tenants, occupants, vendors or business invitees, as more particularly described on the attached Subdivision Plat. (g) "Tasker Warrior Lots" shall mean and refer to Parcel #1,.containing 8.4986 , more or less, and Parcel 112, containing 7.2920 acres, more or less, and all lots or 1s of land hereafter subdivided from Parcel 41 and/or Parcel /12, if any. ARTICLE II SUBDIVISION OIL PARENT TRACT' The Declarant hereby subdivides the Parent Tract in order to create Parcel 111, staining 8.4986 acres, more or less, and Parcel 112, containing 7.2920 acres, more or less, more particularly described on the attached Subdivision Plat. The subdivision of land as )wn on the attached Subdivision Plat so as to create Parcel 111 and Parcel #2 is with the free consent and in accordance with the desires of the undersigned Declarant, and has been I Michael L. Bryan VSB t/15737 116 S. Braddock St Winchester, VA ARTICLE III EASEMENTS a. The Declarant hereby creates and impresses the following easement upon Parcel #1 and Parcel #2, as applicable: (1) The Access, Drainage and Utility Easement over a portion of Parcel #1; (2) The Parcel ll I Drainage Easement over a portion of Parcel 111; (3) The Parcel #2 Drainage Easement over a portion of Parcel 112; (4) The Sign Easement over a portion of Parcel It I. (5) 'The Frederick Water Easements over a portion of Parcel #2. b. The Access, Drainage and Utility Easement, the Parcel it Drainage Easements, the Parcel #2 Drainage Easement and the Sign Easement (the "Easements") shall be perpetual, appurtenant and permanent easements running with the title to Parcel #1 and/or Parcel #2, as applicable. ARTJCLE IV MEMBERST-IIP Every person or entity who is a record Owner of a fee or undivided interest in any Tasker Warrior Lot which is subject to assessments by the Association, including contract sellers, shall be a member of the Association. The Ibregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an i115737 AllcVS L. Bryan VS13 obligation. Only one membership shall be accorded per Tasker Warrior Lot. Membership 116 S. Dreddock St Winchester, VA shall be appurtenant to and may not be separated from ownership of any Tasker Warrior Lot 6 p•. ich is subject to assessment by the Association. Ownership of such Tasker Warrior Lot A be the sole qualification for membership. Upon acquiring title to a Tasker Warrior Lot, li new Owner shall promptly give written notice to the Association of such Owner's name I address and the Property Identification Number of the Tasker Warrior Lot as assigned by County. The new Owner shall given written notice to the Association of the street Iress of the Tasker Warrior Lot within thirty (30) days after assignment of a street address the County. If the new Owner fails to give the Association such notice within thirty (30) ,s after acquiring such Tasker Warrior Lot, then the Association may assess the Owner for reasonable costs and expenses the Association incurs to obtain such information. ARTICLE V VOTING RIGHT'S Each Member of the Association shall have one (1) vote for each Tasker Warrior Lot by such Member. The weighted percentage of each Member's vote shall be a the numerator of which shall be the total acreage of the Tasker Warrior Lot owned such Member divided by the total acreage of all of the Tasker Warrior Lots. Declarant stipulates and agrees that the total acreage of all of the Tasker Warrior Lots is 15.7906 acres, which total acreage may be reduced in the event of future ications for public street improvements to Warrior -Drive and/or Tasker Road. 130ARD Or DIRECTORS M1flc6nel L. Bryrn Initially, the affairs of the Association shall be managed by the Declarant. VSB tfn5737 116 S. Braddock St Winchester, Vn Thereafter, upon the sale of any Tasker Warrior Lot, the affairs of ilnc Association shall be Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA managed by a Board of Directors of not less than two (2), but no more than three (3) who shall be appointed by the Declarant; provided, that, the Owner of Parcel #2 shall be entitled to designate and appoint one (1) Director upon the transfer and conveyance from Declarant to such Owner- (the "Board"). During the Declarant Control Period, and subject to the right of the Owner of Parcel #2 to appoint one (1) Director as set forth above, the Declarant may at any time and from- time to time in its sole and exclusive discretion, appoint, re -appoint, remove and/or replace any and all members of the Board and/or any officer, director, agent and/or employee of the Association. After expiration of the Declarant Control Period, the Board shall be elected by the Membership as determined -in the Bylaws of the Association. The Association shall be responsible for the management and upkeep of the Private Access Road, the Commercial Sign, and the Bioretention Pond, in with the terms of Article V, below, the enforcement of the restrictions set forth in Article VIII, below, the determination of the amounts and collection of assessments as set in Article V, below, and the administration of.the afiitirs of the Association, as more fully set forth hereinafter. TREASURER If so determined by the Association, the Treasurer of the Association shall be bonded, the expense of such a fidelity bond for said officer to be borne by the Association; ;ver, the Association may elect not to have the Treasurer bonded, as determined by the ciation. 0 ARTICLE VI CONSTRUCTION, MAINTENANCE AND REPAIR OBLIGATIONS FOR PRIVATE ACCESS ROAD, COMMERCIAL SIGN AND B16RE'I'ENTION POND 1. The Private Access Road (including curb and gutter and sidewalks) shall be initially constructed by the Owner of Parcel di2 at the sole cost and expense of the Owner of Parcel tt2 in accordance with the latest editions of Virginia Department of Transportation Road And Bridge Standards, the Virginia Department of Transportation Road And Bridge Specifications, and the Virginia Department of Transportation Road Design Manual. 2. The Bioretention Pond shall be initially constructed by the Owner of Parcel 112 at the sole cost and expense of the Owner of Parcel 112 in accordance with the applicable of the County. 3. After construction of the Private Access Road at the sole cost turd expense of the ' J veer of Parcel #2, the Private Access Road shall thereafter be maintained in good edition and repair by the Association, including, without limitation, repair and replacement asphalt, curb and gutter, sidewalks, grading of drainage ditches, snow removal, andseaping and mowing of ditch linos and areas along the Private Access Road. 4. After construction of the Biorentcntion Pond at the sole cost and expense of the of Parcel 42, the Biorentcntion Pond shall thereafter be maintained in good condition Michael L. Bryen • and repair by the Association. VSB g15737 116 S. Braddock St Winchrstor, VA 9 Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA 5. In no event shall the County and/or the Virginia Department of Transportation have any obligation, responsibility and/or liability for the construction and/or maintenance of the Private Access Road or any future private streets constructed upon any one or more of the Warrior Lots. 6. The Owner of Parcel #2 shall initially construct the Commercial Sign located oil the southern side of the Private Access Road within the confines of the Sign casement in ince with the applicable standards of the County. The reasonable cost of the design, ction and materials for the Commercial Sign shall be allocated as follows: (i) the of Parcel #1 shall be responsible for 53.64% of the reasonable cost of the Commercial Sign; and (ii) The Owner of Parcel 112 shall be responsible for 46.36% of the reasonable cost of the Commercial Sign, which said sums to be paid in full upon completion of the construction of the Commercial Sign. The design of the Commercial Sign and the materials used, including color, shall be reasonably acceptable to the Owner of Parcel 1I1 and Owner of Parcel #2 at the time of construction. Alter construction of the Commercial Sign at the sole and expense of the Owner of Parcel 112, the Commercial Sign shall thereafter be maintained in good condition and repair by the Association. 7. The Owner of Parcel 1/2 shall have the right to use, or designate the use of, the top sign panel oil the Commercial Sign. The area of the top sign panel shall not exceed 46.36% of the area of the entire area Commercial Sign. The Owner of Parcel # 1 (together with any Tasker Warrior Lot liereafter subdivided from Parcel # 1) shall have the right to use, 10 designate the use of, the remaining sign panels on the Commercial Sign. —t, N Cd r ARTICLE VII COVENANT'S FOR MAINTENANCE AND OTHER ASSESSMENTS BY THE ASSOCIATION Section 1. Assessments: The Declarant, for each Tasker Warrior Parcel owned, hereby covenants, and each Owner of any Tasker Warrior Parcel by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and -agree to pay to the Association (i) annual operational assessments or charges (ii) annual capital assessments or charges and (iii) special assessments for unanticipated operational expenses and for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual assessments and special assessments, together with sueh•interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on each Tasker Warrior Parcel and shall be a continuing lien upon the Tasker Warrior Parcel against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Tasker Warrior Parcel on the due date of such assessment. Section 2. Purpose of Assessments: (a) The assessments levied by the Association shall be used for the improvement I and maintenance of the Stormwater Management Facilities once the same have been I Atich20 L. Bryoi VSB #15737 116 S. Braddock! Winchester, VA Michael L. BryKn VSB #15737 116 S. Braddock St 1VIo¢hesler, VA testing and management, regulatory compliance (if required), stonn drainage maintenance, mowing, grading, and services and facilities devoted to the aforesaid purposes and related to the use of and enjoyment of the Stormwater Management Facilities. (b) The assessments levied by the Association shall be used for maintaining the Commercial Sign, including, but not limited to, repair and replacement of lights and sign and electricity, as well as mowing and landscaping around the Commercial Sign. (c) The assessments levied by the Association shall also be used for the maintenance, repair and reconstruction of the Private Street, specifically including, but not limited to, pavement markings, pavement repair and replacement, storm sewer, curb and gutter, sidewalks, aprons, landscaping, cleaning or recutting ditches as necessary, trimming brush and mowing along the roadside, and unplugging or opening culverts, drain pipes, and drop inlets, and services and facilities devoted to the aforesaid purposes related to the use of the Private Street in order to maintain the Private Street in a condition that will allow for reasonable and safe access of standard passenger vehicles and trucks, including tractor trailers. lights. (d) The assessments levied by the Association shall also be used for the repair and replacement of street lights along the Private Access Street and any Private Interior Streets, as well as payment of the cost of electricity for such street Section 3. Basis and Maximum of Annual Assessments: All Tusker Warrior Lots shall be subject to annual assessments for operational expenses (the "Operational 12 —n C,) 0 Michael L. Bryan VS6 #15737 116 S. Braddock St Winchester, VA Assessment") and capital assessments for future improvements (tile "Capital Assessments") of the Private Access Road, the Commercial Sign, and the Bioretention Pond, as set forth hereinafter: (a) The Declarant shall establish the amount of the Operational Assessment and the Capital Assessment for the period commencing on July 1, 2022 and continuing until June 30, 12023 which amount shall remain in effect thereafter until changed by the Board of Directors, as set forth in Section 3 (b), below. The initial annual Operational Assessment shall be the sum of $5,000.00 and the initial Capital Assessment shall be the sum of $2,000.00. (b) For periods after June 30, 2023, after consideration of the maintenance costs and, future capital needs of the Association, the Operational Assessment and the Capital Assessment may be increased by the Board of Directors, above that set forth hercinabove by a vote of the Members for the next succeeding fiscal year and at the end of each year's period, for each succeeding fiscal year, provided that Members having weighted votes in excess of sixty percent (60%) or more, in person or by proxy, must at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, ratify or approve the Operational Assessment and the Capital Assessment for the upcoming one year period. (c) The Operational Assessment, die Capital Assessment and the Special Capital Assessment (as such term is defmcd below), if any, shall be allocated among the Tasker Warrior Lots based upon -the ackcage*contained in each Tasker Warrior Lot, whether now existing or hereafter subdivided, based upon the percentage that such '1'asker Warrior Lot subject to the Operational Assessment and the Capital Assessment has to the total acreage of 13 —o C) Z_ W Michael L. Bryan VSB 015737 116 S. Braddock St Winchester, VA 1e lands currently contained in Tasker Warrior Lots. By way of example, if a Tasker Jarrior Lot contains 5.000 acres, then the Operational Assessment, the Capital Assessment ad any Special Capital Assessment applicable to said Tasker Warrior Lot shall be equal to l .66% of such Operational Assessments, Capi(al Assessments and Special Capital (5.00 acres -�- 15.7906 total acres = 0.3166 or 31.66%). Section 4. Special Assessments for Capital Improvements: In addition to the Operational Assessment and Capital Assessment authorized above, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the'cost of any unanticipated construction, reconstruction, unexpected repair and/or replacement of the Stormwater Management Facilities and the Private Street (the"Special Capital Assessment"). The Special Capital Assessment shall be approved by Members having weighted votes in excess of sixty percent (60%) or more, in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, setting forth the purpose of the meeting. Section 5. Intentionally Omitted: Section 6. Ouorum for any Action Authority IJnder Sections 3 and 4: At the first' meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of Members having weighted votes in excess of sixty percent (60%) or more shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and 4 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding 14 CD -t- w N M1ticbsel L. Bryan VSB #15737 116 S. Braddock St N'Inchuter, VA meeting. No such subsequent meeting shall be held more than ninety (90) days following the meeting. Section 7. Date of Commencement of As�ssrncnts; Due Date: (a) The Board shall fix the amount of the Operational Assessment arid Capital Assessment against each Tasker Warrior Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessments shall be sent to every Owner subject thereto. The due dates shall be established by the Board. (b) The due date for any Special Capital Assessment shall be estrblished by the Board upon written notice given to every Owner subject thereto. Section 8. Lffeet of on -Payment of Assessments; Remedies Qf the Association: assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after due date, the assessment shall bear interest from file date of delinquency at the rate often percent (10%) per annum, and the Association may exercise any and all rights and remedies as accorded by law, including, but not limited to, the right to bring an action at law against the Owner personally obligated to pay the same, and/or foreclose the lien against the Tasker Warrior Lot, and interest, costs and reasonable attorney's fees on any such action or actions shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Stormwater Management Facilities or abandonment of his Tasker Warrior Lot. Section 9. Subordination of the Lien to Mortanaes: The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or 15 Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA hereafter encumbering any Tasker Warrior Lot. Sale or transfer of any Tasker Warrior Lot shall not affect the assessment lien. No sale or transfer shall relieve such Tasker Warrior Lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exemnt Property: "I71e following property subject to this Declaration shall be exempt from the nssessmcnts created herein: (a) the Stonnwaler Management Facilities; (b) the Private Street and any future street constructed upon the Taskcr Warrior Lots; and (c) any Tasker Warrior Lot owned by the Declarant. ARTICI,E VIII RESERVED EASEMENTS a. "The Declarant hereby creates and impresses the Access, Drainage and Utility Easement over a portion of Parcel ill in order to provide motor vehicle and pedestrian access for the benefit of Parcel 41 and Parcel #2. The Access, Drainage and Utility Easement shall also provide drainage and location of utilities for the benefit of Parcel III and- Parcel #2. The Access, Drainage and Utility Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel VI for the benefit of I Parcel III and Parcel #2. b. The Declarant hereby creates and impresses the Parcel #1 Drainage Easement over a portion of Parcel # 1. The Parcel II1 Drainage Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel II I for the benefit of Parcel III and Parcel 112. 16 C. The Declarant hereby creates and impresses the Parcel #2 Drainage Easement Michael L. Bryan VSB #15737 116 S. Braddock St NNUdester, VA a portion oh'Parcel 112. The Parcel 1/2 Drainage Easement shall be a non-exclusive, appurtenant and permanent easement or right of way running with the title to #2 for the benefit of Parcel #1 and Parcel 112. d. The Declarant hereby creates and impresses the Sign Easement over a portion of Parcel #1. The Sign Easement shall be a non-exclusive, perpetual, appurtenant and permanent easement or right of way running with the title to Parcel # 1 for the benefit of Parcel # 1 and Parcel #2. ARTICLEIN USE, RESTRICTIONS AND CO VENANTS The Tasker Warrior Lots shall be subject to the following restrictive covenants and ditions (the "Restrictions") which shall constitute covenants real running with the title to Tasker Warrior Lots (including any Lots hereafter subdivided from Parcel 111 and/or cel #2), which shall be binding upon all Owners having any right, title or interest in and to I Tasker Warrior Lots or any part thereof', their heirs, successors and assigns, and shall to the benefit of each Owner thereof: 1. Hazardous Waste: The Owner of each 'Tasker Warrior Lot shall comply with any and alFenvironmental haws, regulations, rules and ordinances applicable to the Tasker Warrior Lots and any activities conducted thereon. 2. Maintenance Res_ponsibilitics: a. The Owner and any occupant of any Tasker Warrior Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and expense, to maintain 17 c C 47 C.] (-n Michael L. Bryan VSB #15737 116 S. Braddock St Winchester, VA exterior signs, lighting and facade in good repair and working order, maintain mechanical facilities in working order, and comply with all governmental, health, police and fire requirements, statutes and regulations. In addition, the Owner and any occupanLs of any Tasker Warrior Lot shall, jointly and severally, at their sole cost and expense, keep find maintain any improvements hereafter made, pinced or installed upon any Tasker Warrior Lot, including buildings, parking lots, signs, landscaping, and all other improvements in connection therewith that are hereafter installed, in a well maintained, safe, clean and attractive condition. Such maintenance shall include, but is not in any way limited to, the following: removing litter and trash from the "Tasker Warrior Lot; mowing of lawns and, if the Tasker Warrior Lot is unimproved, any grass or ground cover shall be cut below twelve (12) inches; pruning of trees and shrubbery; watering and fertilizing of lawns cued landscaping; keeping parking areas and driveways in good repair, including striping and sealing; removing snow and ice from walks, driveways and parking areas. In addition, any roadways affording access to a Tasker Warrior Lot shall be cleaned by such Owner whenever construction activity into and out of such Tasker Warrior Lot renders such roads in need of cleaning in order to keep their neat and attractive appearance. b. All lawn areas shall be kept mowed to a lieight not exceeding six (6) inches. All shrubs, trees or other ornamental bushes will be kept in good condition so that all dead wood shall be removed from the same and maintained in a good and attractive condition and regularly trimmed. The landscaping on all'I'asker Warrior Lots and plants thereon shall be maintained in good health and appearance and any damage thereto occasioned by reason of any cause whatsoever shall be promptly repaired or replaced. 18 .0 0 .n— c,� rn —n C C4 c. The foregoing Maintenance Responsibilities shall not apply to Parcel #1 until any Tasker Warrior Lot hereafter subdivided from Parcel #1 until such time as commercial development has occurred upon Parcel ff 1 or any future Tasker Warrior Lot subdivided from Parcel #I. 3. Parkin .oading Facilities: a. At all times, the Owner and any occupant of any Tasker Warrior Lot shall provide automobile and truck parking (not less than required by the applicable zoning ordinance of the County) upon each Tasker Warrior Lot adequate for the parking needs of any and all employees, visitors and company vehicles. No parking shall be allowed off -site, adjacent to or near any such Tasker Warrior Lot, wlucli off -site parking is expressly prohibited. The Owner and any occupant of any 'I'asker Warrior Lot shall use its best efforts to prevent and prohibit its employees, lessees, agents, customers and visitors from parking off -site. Any vehicles parked in violation of this restriction shall be subject to removal by towing or otherwise at the expense of the owner of such vehicles parked in violation of this restriction. b. At all times, the Owner and any occupants of sucli'1'asker Warrior Lot shall maintain loading and unloading upon such Tasker Warrior Lot adequate f'or the business conducted thereon. *No loading or unloading shall be allowed off -site, whether adjacent to or near such'I'asker Warrior Lot, which off -site loading/unloading is expressly prohibited. Michael L. Bryan VSn N15737 116 S. Braddock St wincbester, VA 19 hllcbael L. Brynn VSD #15737 116 S. Braddock St Wlnchesler, VA 4. Sims: a. All signs installed upon any Tasker Warrior Lot shall comply with the Ilapplicable ordinances of the County. b. No flashing, blinking, sequential, intermittent or moving signs or lights shall be permitted upon any Tasker Warrior Lot. Elevated stanchion signs are prohibited. 5. Utility Lincs: All new power lines, telephone lines, cable t.v_ and other utility lines shall be installed underground by the Owner at Owner's sole cost and expense. 6. Repair of Damage or Destruction; (a) Any building or other improvement which has been destroyed or partially damaged by fire or other causes, must either be repaired or completely demolished and removed from the Tasker Warrior Lots upon which such complete or partial destruction or damage occurred. Repair must be commenced within a period of three (3) months after damage. Demolition and removal must be completed within six (6) months after destruction or damage. (b) Any building or other appurtenant structure situate upon a Tasker Warrior Lot that has materially deteriorated shall be promptly repaired by the Owner. (c) Each Owner shall be solely and exclusively responsible for and shall fully bear the cost of maintenance and repair of the Private Access Road necessitated by construction activities on such Owner's Tasker Warrior Lot, and each Owner shall restore any portion of the Private Access Road damaged by its construction activities to its prior condition within sixty (60) days of completion of such construction. Such restoration and Michael L. Bryan VSB #15737 116 S. Braddock St winchc5ler, VA damage repair activities must be approved by the Declarant (during the Declarant Control Period) and thereafter by the Association. 7. Trash Removal: \ (a) The Owner of each Tasker Warrior Lot shall contract with a private y for the removal of all trash and other debris fiom each Tasker Warrior Lot, at the (sole cost and expense of the Owner. (b) No rubbish or trash of any kind shall be kept or allowed to accumulate on any Tasker Warrior Lot, except in approved waste containers or dunlpsters kept in locations screened insofar as practicable from the view of adjacent property and streets. S. Proltibited Uses; No Tasker Warrior Lot, or any portion thereof, shall be used for any of the following purposes: (a) Motor vehicle salvage yards, motor vehicle jLuikyards, tire recapping facilities, fuel tank farms or stockyards. (b) Any purpose or use that shall violate and/or contradict any applicable laws. (c) Any residential purposes or uses. (d) Any purpose or use that shall involve the use of explosives, explosive iaterials, or explosive processes. (e) Any purpose or use that shall be offensive by any reason of the mission and/or presence of odor, dust, smoke, noise, gas fumes, undue vibration, glaring ght, or refuse matter. c� 0 (f) Any purpose or use that shall involve the storage, holding, existence, Tease, emission, discharge, spilling, leaking, pouring, pumping, injection, dumping, iscarding, burying, abandoning, generation, processing, abatement, treatment, removal, isposition, handling, transportation, or other management of any hazardous materials or substances except in strict conformity and compliance with applicable laws. (g) As an adult book store, adult video store (an adult video store is a store that sells or rents videos that are rated NC-17, X, XX, XXX, or of a rating assigned to works containing material more sexually explicit than XXX, by the film rating of the Classification and Rating Administration). (h) Any establishment selling or exhibiting pornographic and/or obscene materials. Any establishment which exhibits either live or other means to any degree, nude partially clothed dancers or wait staff and/or any massage parlors. W As a flea market, pawn shop, bar, or night club, or any business whose revenues are from the sale of alcoholic beverages for on premises consumption (but pressly excluding fl-om the list of prohibited uses a retail wine, beer or liquor store or outlet, a trampoline or bounce house park, an ax-throwing establishment, an arcade or similar 0) As a casino, gambling hall or parlor or other establishment featuring gaming activities (including but not limited to gambling, off-track or sports betting, table such as blackjack or poker, electronic gaming machines, slot machines and other Michael L. Drynn devices similar to the aforementioned but expressly excluding Statc-sponsor lottery games VSD #15737 116 S. Draddock St Winchester, VA 22 Michael I— Bryan VSB #15737 116 S. Braddock St Winchester, VA such as scratch off tickets, keno, Powerball, MegaMillions and the like which may offered by an otherwise approved retail business enterprise). (k) Any business or establishment that sells, displays or otherwise exhibits illegal drug -related paraphernalia; provided, that, nothing contained herein shall be or construed to prohibit the use of a Tasker Warrior Lot for the growth, processing or dispensing of cannabis for medical or recreational use in accordance with applicable laws. (1) Parcel tit shall not be used for the operation of a self-service storage facility (also known as Device Storage) in which units, rooms, lockers, containers and/or outdoor space is rented to tenants or occupants generally on a short term basis for the warehousing or storage of personal property and/or effects. 1 9. Binding Effect: Each Owner, lessee, licensee and/or occupant of any Tasker Warrior Lot, by acceptance of a Deed conveying title to such Tasker Warrior Lot, or the execution of a contract for the purchase thereof, or the acceptance of a lease or license therefore, or the taking of possession thereof, whether from Declarant or any future Owner or lessee, shall accept such Deed, contract, lease, license or possession upon and subject to each and all the provisions of this Declaration, and also the jurisdiction, rights and powers of Declarant, and its successors or assigns, and the Association, and by such acceptance shall for himself, his heirs, personal representatives, successors in interest and assigns, covenant, consent and agree to and with Declarant, its successors in interest and assigns, the Association, and to and with the other Owners and lessees of Tasker Warrior, to keep, observe, comply with and to perform the requirements of this Declaration, whether or not 23 Mkhacl L. Bryan VSB H15737 116 S. Braddock St Winchester, VA any reference to this Declaration is contained it the instrument by which said person said interest. Every person who now or hereafter owns or acquires any rights, title interest in or to any Tasker Warrior Lot shall be conclusively deemed to have consented agreed to the provisions of this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such person acquired any interest in any ITnsker Warrior Lot. 10. Nlon-Waiver: No delay or failure on the part of the Declarant to invoke any available remedy in respect to a violation of any of the foregoing Restrictions shall be held as a waiver by the Declarant (or an estoppel of the Declarant to assert) any right available to Declarant upon recurrence or continuance of said violation or the occurrence of a different violation. 11. Waiver: The Declarant herein reserves and shall have the right alone to waive any one or more of the Restrictions contained herein as to any Tasker Warrior Lot owned by the Declarant. This waiver shall not affect the binding effect of the Restrictions upon any other Tasker Warrior Lot. The Declarant further reserves the right alone to impose additional restrictive covenants and Restrictions as to any Tasker Warrior Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Tasker Warrior Lots. 12. Invalidation: The invalidation of any one of the Restrictions contained herein by judgment or Court Order shall in no wise affect any of the other Restrictions which shall remain in full force and effect. The failure of the Owners or the Declarant herein to enforce 24 i Michael L. Bryan VSB #15737 116 S. Braddock St winclicsler, VA any covenants or Restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 13. Successors in Title and Assigns: The foregoing Restrictions shall extend to t and be binding upon the Owners, and the Owners' successors in title, assigns and/or lessees, for the benefit of the Declarant, and the Declarant's successors in title and assigns. ARTICLh, X GENERAL PROVISIONS Section 1. Enfbrcement: The Association, its successors and assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all Restrictions, conditions, covenants, reservations, liens and charges, now or hereafter imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by the Owncrs to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the enforcement of the restrictions, conditions, covenants, reservations, liens and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs and damages. Section 2. Severability: Invalidation of any one of these covenants or Restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and Restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the 25 c Z7 w 9 Michael I— Bryan VSB #15737 116 S. Braddock St Winchester, VA Association, or the Owner of any Tasker Warrior Lot subject to this Declaration, their legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration if recorded, after which time, said covenants shall be automatically extended for additional successive ten (10) year periods unless and until Members having weighted votes in excess of sixty percent (60%) or more execute and deliver an amendment, modification, termination or release with respect to this Declaration Any amendment must be properly recorded among the lands records in the Clerk's Office of the Circuit Court of Frederick County, Virginia. Section 4. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes sinular to those for which the Association was created or for the general welfare of the Owners of Tasker Warrior Lots. hi the event that such dedication is refused acceptance, such assets shall be deemed vested in the Owners of the Tasker Warrior Lots. Section 5. Governing Law: This Declaration and the terms thereof shall be construed and interpreted in accordance with the laws and judicial decisions of the Commonwealth of Virginia. Section 6. Right of Entry for Enforcement: The Declarant and the Association, and each of them independently, shall have the right, upon reasonable notice, at any time and from time to time following violation or breach of any of this Declaration (i) to enter upon the Tasker Warrior Lots as to which said violation or breach exists and summarily to abate and remove, at the expense of the Owner thereof, any structure, object or condition that may 26 Michael L. Bryan VSn #15737 116 S. Braddock St Winchester, YA be or may exist contrary to the intent and meaning of this Declaration (including, without in any way limiting the generality of the foregoing, the care and maintenance of landscaping and lawns, care and maintenance of improvements, removal of trash and debris, abatement of nuisances, removal or relocation of signs or other actions necessary to -enforce the terms of this Declaration) and/or (H) to institute a proceeding before the Circuit Court of Frederick County, Virginia against the parties who have violated or are attempting to violate any of the provisions of this Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied and/or to recover damages for said violation. In the event the Declarant or the Association enter upon any Tasker Warrior Lot for the purpose of abating or removing any violation or breach of this Declaration, neither the person entering nor the party directing the entry shall be deemed liable for any manner of trespass for such action, and the Owner of such Tasker Warrior Lot shall promptly reimburse the Declarant or the Association, as applicable, for the cost thereof. Payment of such amount shall be secured by a lien against the Tasker Warrior Lots, which lien may be foreclosed or otherwise enforced in accordance with applicable law. If such amount is not paid in full within thirty (30) days after such Owner is billed therefor by the Declarant or Association, as applicable, then the Declarant or Association, as applicable, may institute judicial proceedings in order to enforce J the collection of such amount, together with interest from the due date at the rate of ten percent (10%) per annutn and attorney's fees and costs incurred in such judicial proceedings. Nothing contained in this Article D{, Subsection 6 shall obligate the Declarant or the Association to snake entry to abate a violation of this Declaration. 27 CD cn Michael L. Bryan VSB #15737 116 S. Braddock St R9nebester, VA Section 7. Non -Waiver; No delay or failure on the part of the Declarant, the Association and/or any Owner of a Tasker Warrior Lot to invoke any available rernedy in respect to a violation of any provision of this Declaration shall be deemed to be a waiver of such right upon reoccurrence or continuance of said violation or the occurrence of a separate violation, nor shall there be imposed upon the Declarant, the Association or any Owner a duty to take any action to enforce the terms of this Declaration. Section 8. Time: Time is of the essence as to all matters set forth in this Declaration. 28 [Signature appears on following page] Michael L. Bryan VSB N15737 116 S. Braddock St Winchestcr, VA WITNESS chest signatures and seals: TASKER WARRIOR PROPERTIES, LLC By: .(SEAL) COMMONWEALTH OF VIRGWIA, CITY/eetixw OF k2, The foregoing instrument was acknowledged before me on the -�-S +ay of "6e,r-• 2021, by Beverley B. Shoemaker as Manager of Tasker Warrior Properties, LLC. My Commission expires: 31 N' - - THIS INSTRUMENT PREPARED BY: sHARON M. BUTLER NOTARY PUBLIC Michael L. Bryan, Esquire Commonwealth of Virginla 116 South Braddock Street Ro©lslrallon No. 26 31. Winchester, Virginia 22601 J,MyCommlsslonExplros 540/545-4130 MLB/pmn c\Dcc4s\7 26 21 Redline Comments to Declamtlon ffasW Wnrrfor Securo Storo Winchester VA) 1021/2l two —o 0 Z— 'Yr J; v "� , ,�1• :t {0,��-`,/ ,t.:: ::'>'(� i'' -,tom', 12 r�,..� :Il:.r,' `^' ! '.,. /^':•`%ram_-�•�'.'. �/, II ij: ^�' i. .. .�_•f (I . .1• ,"t w,_ ;''<''�,, .`i .SITEIi. ��%i; :�•:M1tt _ .'. _'T'n�.-y. �� •. r� .��.. _ ._� � "'yam` �71.; •' ,� `.:--.=-i•L�i,i•:._ ,oy �. �' '.E• ',�.t' %�• '',^ r• ��.. \' .,r%%'�nnj�„v' f�;<-c' '%/ .�.;.^--• : // :i., iSICALE.'1," OOD'' .li.. APPROVED BY Ip'Iq-2o'LI DRrff w- O' VIRGINIA D AR OFT NSPORTA I IL) DATE FREDERICK LUUN t r R DATE OWNER'S CERTIFICATE THE SUBDIVISION OF THE PROPERTY OF•TASKER•WARRIOR.PROPERTIES LLC [PIN 7S-A-104E], AS APPEARS IN THE ACCOMPANYING PLAT, IS•WITH-THE'FkEE CONSENT AND IN ACCORDANCE WITH THE , DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS OR TRUSTEES, IF ANY. TASKER WARRIOR PROPERTIES LLC DATE: September 14 2021 BY y NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, CITY1aG1PWW'.OF WINCHESTER . TO -WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 14 th DAY OF September 2021, By Beverley B. Shoameker, Manager ON BEHALF OF TASKER WARRIOR PROPERTIES LLC. uHARON M. BUTLER MY COMMISSION EXPIRES January31, 2022 NOTARY PUBLIC ommonweFilth of Vlrglnla eglstr©tlon No. 2 BS1 NOTARYPU6LIC ItACommisslonExpires SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE,PROPERTY CONTAINED IN THIS SUBDIVISION PLAT IS THE SAME PROPERTY [PIN 75•A-104EJ CONVEYED TO TASKER WARRIOR PROPERTIES LLC, BY, -DEED DATED MAY 19, 2016, FROM -BOWMAN -SHOEMAKER COMPANIES; INC. [FORMERLY -KNOWN AS JASBO, INC.], WHICH DEED IS RECORDED IN THE CLERICS OFFICE OFTHE CIRCUIT COURT OF FREDERICk COUNTY, VIRGINIA, AS INSTRUMENT NO. 160OD4426. SUBDIVISION%PLAT OF THE LAND OF LiH Op TASKER WARRIORPROPERTIES' LLC INSTRUMENT NUMBER 160004426 c a SHAWNEE MAGISTERIAL DISTRICT' FREDERICK COUNTY, VIRGINIA S.W. Marsh Llc. No. 001843 rDATE:12021 SHEET 1:OF 5 NO su"40 arsh &tegge'Land Sutveyors, P.L.C. 60 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY'HONE (540) 667-ooM - FAX (540) 667.0469..- EK9JL olfi Qmamhar>r 89P-Qw DWG NAME: ID11197-SUBD PIN 75-A-104E SHEET 4 SHEET 3 3 AREA SUMMARY PIN 75-A=104E = 15.7905 AC. (ORIGINAL) NEW LOT = 7.2920 AC. PIN 75-A-105E = 8.4995 AC. (REMAINDER) 8.4985 AC. z O .o m r z IT! NEW LOT 7.2920 AC. SUBDIVISION -PLAT- OF THE LAND OF TASKER WARRIOR PROPERTIES LL• C INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA p SEE SHEET 5 OF 5 FOR CURVE AND LINE TABLES, NOTES, AND LEGEND DATE: 09/01/2021 SCALE: 1'=200' SHEET 2 OF 5 Marsh & Legge Land Surveyors,-P:L.C. 580 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (640) 667-M- — FAX (60)'6674W — EMNLcftbe@rmrsMMlagpe.c m LTH OR Lic. No. 001843 i i e f�y0 S U Rv DRAWN BY: CAJ DWG NAME: ID11197-SUBD MATCH i VARIABLE WIDTH-, SHEET 4 _I PRIVATE ACCESS, 1 3 DRAINAGE 6 UTILITY I EASEMENT I HEEBY CREATED <A I ('-J4 79) PKF CV N 10 _;o � o { � J lO Z O i �/ ,r ` FF/CAP I UI 20' FREDERICK WATER EASEMENT HE CREATED i I L2) 1 � 129 U� "r i I l L24 (A+20.4 45- 4_ 1'7 + �- .� AL— -- '' �g I Les Q ce 5 4774'28' E I Ii1i �-� 1 ♦ II (TIE) 110 ,/1 20' FREDERICK £X. 10' WAIERUN£ £SM'T I WATER EASEMENT HEREBY CREATED I pB 919 PG 1780 PIN 75-A-104E 15.7905 ACRES (ORIGINAL) % 8.4985 ACRES (REMAINDER) Q ZONED: B2 20' DRAINAGE I EASEMENT EBY CREATED D W/CA W/C/ SEX. 15' BELL w/ A JLANAC VA EWT �'�J (A -59.24 9 DB 88,5 PG 1620 NEW LOT I 7.2920 ACRES ZONED: B2 `t 20' FREDERICK-- 3 WATER EASEMENT HEREBY CREATED �) l v £X. 50' SHARED F, SEPARA AON BUFFER D8 919 PG 1780 I EX. 20' SAMTARY 1 SEN£R ESWT DB 885 PG 245 I�5 � N / y Opt, J , EX 20' DRA//VAGE -_W7 lb&l Dig 919 PG 1780 � � 535. S�G,iiaOp,O 6 SEX 5L OPE do O� g39 'T n O ORAANAG£ ESA/ DB 839 PG 256 • DENOTES NEW PROPERTY LINE F EE SHEET 5 OF 5 FOR CURVE AND INE TABLES, NOTES, AND LEGEND N IRr/CAP IFtF/CAP rG RF/CAP SUBDIVISION PLAT OF THE LAND OF TASKER WARRIOR PROPERTIES LLC INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, AARGINIA DATE: 09A1/2021 SCALE:1'-100' SHEET 3 OF 5 Marsh & Legge Land Surv_eyors,_ P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA22601 PHauF (W6 587-04M - FAx (540) W7-O W - FMA:L oRa@gm mhmr lepp mm _7 H OF ; Lic. No. 001843 a Kf.�b SUR`l�yble DRAWN BY: CAJ DWG NAME: ID71197SUBD SEE SHEET 5 OF 5 FOR CURVE AND LINE TABLES, NOTES, AND -LEGEND �i !60 01, 6 /PIN 75L-.3-3-77A I AU7W& GLEN-FREOERICK COUNTY, VA I HOMEOHNERS ASSOCIA 770N, INC. INST. 190004208 L — _ _ _ _ _ ZONED.- RP I - 1 IRF/CAP N 48°46'25" W 372.48' (TOTAL) _ IRF CAP 1 214.42' IRS 168.(K �^ 1 EX. SANITARY I SEY,EER. ESM'T tial • ``^ ./� `$, 1 I INST. 040011207 l I 1 �20' DRAINAGE I 11 m. 1 EASEMENT HEREBY CREATED 1 a I 20 DRAINAGE 1 C N v^i I J EASEMENT I NEW LOT 1 Q Ln 40 HEREBY CREATED 7.2920 ACRES ao1 N / ; ZONED: B2 z o A� z�m?� IN`='tit a I ,w`ohh a1o IyW15.7905 ACRES (ORIGINAL) o I8.4985 ACRES I co ooc to1� do a 14 (REMAINDER) co I ZONED: B2 vt �EX. DRAINAGF 1 n I EASEMENT N I INST 020006555 `Wp I 11 1 1 11, MATCH - SEE SHEET 3 1 1 SUBDIVISION PLAT • OF THE LAND OF ' zroF Op TASKER WARRIOR PROPERTIES LLC . INSTRUMENT NUMBER 160004426 ?' SHAWNEE MAGISTERIAL DISTRICT U C r FREDERICK COUNTY, VIRGINIA S.W. Marsh IV Lic. No. 001843 DATE:09101/2021 SCALE; 1'=10U' SHEET4.OF6 4No sva�� Marsh & Legge Land. Surveyors, P.L.C. 5W NORTH LOUDOUN STREET -•WINCHESTER, VIRGINIA22601 DRAWN BY: CAJ PHONE (SO) 687-04U - FAX (6 0) M74W ^ EMAIL ofioo-maatwr dgps com DWG NAME: ID11187-SUED CURVE TABLE ' CURVE RADIUS ARC CHORD BEARING DELTA C1 673.00' 92.35' : 92.27' N 40'6' - E 07-61' 3" C2 323.00' ' 46.53'•• 46.49' N 32'65'36' E 08'15'12' C3 0.00' • 62.83' 56.57' N 61'58'40" E 90 0 00" C4 50.00' 87:27" ' 76.60' S 23'01'20"E 100'00'00" C5 702.50' 376. T 71A0' S 42'18'20" W 30'39'20" C6 .50' 236.96t' 236.15' S 49'26148- W 16°24'25- 07 44.50" 1124' 11.21' S 37' 14.28 19- C8 55.50' 135.11' 104.13' S 69'01'08" E 139"29'07" C8 65.00' 53.85' 53;41' S 64'17'30' E 7'4 " C10 22.00' 34.56' 31.1 V N 86'51'5T E 90'00'00" C11 22.00 27.8V 26.04" S 11'50'49' E 72'3428' C12 59.60' 43.68' 42.7.1: N 27'13'47" W 42'03'59' C13 115.00' 43.67' . 43.41.' 59"00'43"•W • 21-4527" C14 55.60' 07.89' 91,6B' N '07'31; W 111'22'37" C 5 105.50' 47.1 6,73' N 71 °21'58 LINE TABLE LINE BEARING DISTANCE L3 S 71133"0' W 4:23' L4 N 50'21'10' W 11.61, L5 58.00'04' W 38.97' L6 N 7 '53'24" 154.70' L7 S 57'08'40" W 146.93' L8 S 53.2244' E 36,92' L9 N 6' E 6.52' 10 N 41 "51'57" E 21.63' L11 S 48°0B'03" E 21.44' L12 S 71'06'20' F 15.60' L13 N 86.13'25" E 16.88, L14 N 63'33'09" E 4R.68' L15 S 26-26'51- E 10 10' L16 N 48'07 9' W 60.77' L17 N.68'34'16' W 7.25' L18 N 48'36'36' W 125.27' LIO S 82'30'57' W 66.93' L20 N 74'59'03• W 63.35' L21 N'52'45'55' W 215 36' L22 N 03'4 5T W 41,53' 3 N 38'0 '1 92.23' L24 N 48'16'29" W . 31, ' L25 S 48'1629',E 37.96" L28 S 03.26'30" E 6.73' L27 38'09'15'•W 91.63' L28 ' E 24.76' 9 S 62'45'55" E 116.91' L30 N 36°37'15 20.61' L31 N 53.22'4S W 2' LINE BEARING DISTANCE L32 N 36 3715" E 0.00' L33 S •22'46" E 34.32' L34 N.38'37'15" E 2' L35 N 53°2 22.00'- L38 N 36. 7' " E 20.00' L37 ' S'53'22'45" E 22.00' L30 N-36'37'15" E 72.73' L39 N 81'37'15" E 64. ' L40 S 08122'45". E 20.00' L41 S 81'37'15' W • 56.08' L42 S 36*37'15* W 149.9V L43 S 52'45'55" E 37 21' L44 N 38'03'13' E 6B.82' L45 S 51'66'47"• E 20.00' 46' S 38'03'13' W 8:64' 47 IS 52*45*55" E 8.20' L48 S 4'S9 03" E 55.44' 49 N 2 30'S7" E 62.04' L50 N 48.46'26' W 30.00' L51 N 41-13'35- E 15.00, L52 S 48°4625" E 30.00, L53 S 41'13'35" W 1 L54 IS 4Fi'36'36"E 75,34' 115.4 ' L56 _ $ 0. ' L57 59' L58 S 48-38'36- E 38 76' LEGEND BRL - BUILDING RESTRICTION LINE IRF - IRON ROD FOUND IRS - IRON ROD SET NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS -MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. BOUNDARY INFORMATION IS BASED ON A BOUNDARY SURVEY PLAT BY GREENWAY ENGINEERING DATED MAY 12, 2016 RECORDED IN INSTRUMENT NUMBER 160004426. SUBDIVISION PLAT OF THE LAND OF TASKER WARRIOR PROPERTIES 'LLC INSTRUMENT NUMBER 160004426 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PIN 75-A-104E ' � '• ''��.� X�R,A jar':':":.•::: ;'. o LD L52 ,.. cn •'"•'':DETAIL.•':'•;:': U : .'•,SCALE: 1"--40'. DATE: 09/01/2021 I I SHEET 5 OF 5 Marsh 81 Leggeland: Surveyors, PliC. SW NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA'22601 PHONE (540) 667.04M - FAX (640) MT-04M - EiML oft{oe9merehencPe89e.00m �T H OF i% O z a S.W. Marsh `- Lic. No. 001843 DRAWN BY: CAJ DWG NAME: ID11197SU13D r VIRGINIA: rgEDERICK CQUNn!SCT". This instrument atwritingwaSwod11uffceed22tonivorl and with COCH(icote-3CknuwleduoI»antth 'c�toanv&ed was admitted to record. fox imposed bUSec.58.18D2of and 58.1-801hauebeenpaid,ifassessable. 0 , clerk U • COUNTY of FREDERICK Department of Planning and Development 51101665-5651 Fax: 540/ 66.5-63()5 September 29, 2022 Pennoni Associates, Inc. David Frank 1 17 E. Piccadilly Street Suite 200 Winchester, VA 22601 RE: REZONING #06-22 Tasker & Warrior Properties PIN: 75-A-104E Dear Mr. Frank: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 28, 2022. The above -referenced application was approved to amend the proffer from Rezoning #04-18 for Tasl<cr Road & Warrior Drive Commercial LLC. The property is located at the Northwest corner of the intersection of Tasker Road and Warrior Drive and is identified by Property Identification Number 75-A-104E in Shawnee Magisterial District. The proffer statement originally dated April 8, 1998, and revision dates of January 18, 2019, May 5, 2022, and August 10, 22, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of owncrslhip. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please (10 not hesitate to contact this off Ice if you have any questions regarding the approval of this rezoning application. Sincerely, M. Tyler Klein, CP Senior Planner MTK/pd Attachments cc: Josh E. LudNvig, Shawnee Supervisor H. Paige Manuel and Elizabeth D. Kozel, Shawnee Planning Commissioners Debra Bonard, Real Estate Rod Williams, County Attorney w/Proffer and Resolution Beverly Shoemaker, P.O. Box 480, Stepllcns City, VA 22655 107 North Kent Strect, Suite 202 o Winchester, Virginia 22601-5000 To be completed by Planning. Fee Amount Paid $_� Zoning Amendment umU r O to- a C Anticipated PC Hearn ate a Date Received 2 / S 1 Anticipated BOS Hearing Date 2A d,� Ek-1 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owners) (please attach additional page(s) if more than two owners): Name: Tasker Warrior Properties, LLC Specific Contact Person if Other than Above: C/O Beverly Shoemaker Address: PO Box 480, Stephens City, VA 22655 Telephone: 540-869-1800 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: bshoemaker@bowman-shoemaker.com Entail: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Namc: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, ellgineel-illg fill", or other person, if any, serving as the primary contact person for this application: Firm Name: Pennoni Assoicates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firth, 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 to connection with the rezoning, the owner will need to cxccutc a power of attorney form granting the fiiln or persoIl SUch authority. Page 12 0 • 4. Project Mine (if any): Tasker Road and Warrior Drive Commercial Properties 5. Property Information: a. Property Identification Nurnbcr(s): 75-A-104-E b. Total acreage of the parcel(s): 8.5 AC c. Total acreage of parccl(s) to be rezoned (if other than whole parccl(s) is being rezoned): 8.5 AC d. Current zoning designations) and aercage(s) in cacti designation: B2-8.5AC e. Proposed zoning dcsignation(s) and acrcage(s) in cacti designation: No change - B2 8.5 AC f. Magisterial District(s): Shawnee g. Location - the property Is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names aIld route nUinbers): 0000 Warrior Drive, Stephens City, VA 22655 Parcel at SW corner of Warrior Drive and Tasker Road h. Adjoining Properties: Parcel ID NUinbcr Use G011ln r See Attached List I'iease attach acicutionai pages) ii necessary. Property identification numbers, magisterial districts, and deed book and page nUmbcrs/ instrtiincrit numbers inay be Obtained froin the Office Of the Commissioner of the Rcveinic, Real Estate Division, 107 North Kcnt 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 diSclosllrc 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 rcglUrcmcnt does not apply to a corporation whose stock Is traded on a national or local stock exchange and having more than 500 shareholders. Tasker Warrior Properties, LLC C/O Beverly Shoemaker PO Box 480, Stephens City, VA 22655 Please attach additional pagc(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map 0 Plat Depicting Mctes/Bounds of Proposed Zoning RI Impact Analysis StatcInent Z Proffer Statement (if any) z Agency Comlllcnts 0✓ Fee 0 Copies of Deed(s) to Property(ics) 0 Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 • • 7. Signature(s): I (we), the urldersigned, 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 (WC) authorize Frederick County of'FICialS to Cntcr the property for site inspection purposes. I (we) Understand that the sign Issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-wa_y 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. OwliCr: ,'' -IZ.- Lops Date c� 11 Signing on behalf of all entity, please State IlamC of entity and your title: Date 11Signing, on behalf of all entity, please State name of entity alld you[- title: Other Appl1cant Party (if any): Date If'signing on behalfofan entity, please state name ofentity and you]' title: If addltiollal SlgllatUI-C lines are necessary, such as If morc than two persotlS are owners, please use additional copies of this page. Page 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board Of SUpervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public rialit-of-way, a private right-of-way, or a Nvatercourse from the requested property. The applicant is regUiNd 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 Conunissioner of the Revenue is located on the ?nd floor of the Frederick County 11dmiuistrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Tasker Warrior Properties LLC PO Box 480 Stephens City, VA 22655 property #75-A-104-1 Name Trustland Development Properties LLC 126 Laredo Court Stephens City, VA 22655 Property # 75-A-104 NameJem VII LLC c/o CVS Corp #1819-01 attn P Durand 1 CVS Dr Woonsocket RI, 02895 Property # 75-A- 105- D Nanle H N Funkhouser & Co INC PO Box 2038 Winchester, VA22604 Property#75-A-105-C Name City National Bank 25 Gatewater Rd Cross Lanes. WV, 25313 Property # 75-A-105-B Name Cregar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 Property # 75-A-105A-1 Name2Mexico LLC c/o G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 Property # 75-A-105A-1 Name NCVR Properties LLC 2227 Valley Ave Winchester, VA 22601 property # 75-A-105A-1 uaI» e Rainbow Realty & Investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 Plop'rty # 75-A-105A-2 16 Name and Property Identification Number Address Nan,e Warriorgirl777 LLC 640 Warrior Drive STE104 Stephens City, VA 22655 Property tt 75-A-105A-3 Name Hild Properties LLC 568 Garden Gate Dr Stephens City, VA 22655 Property tt 75-A-105A-1 NameTran Phong V 21055 Danbury Ct Sterling, VA 20164 Property tt 75-A-105A-4 Name HOJO LLC 310 N Commerce Ave Front Royal, Va 22630 Property # 75-A-105A-5 Name Capuano Umberto 170 Delco Plz Ste 4 Winchester, VA 22602 Property tt 75-A-105A-6 Nan,e Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property tt 75-A-105A-7 Name Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property t#75-A-105A-8 Name Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 Property tt 75-A-105A-9 NanieTimo Investments of VA LLC 13310 Tannery Ct Fairfax, Va22033 Property # 75-A- 1 05A- 1 Name Adam Arria 19 Catoctin Circle Leesburg, Va 20176 Property # 75-A-105A-1 pian,',AligningStarsLLC 2101 Gun Barrel Rd White Post, Va 22663 tt 75-A-105A-1 Name Old Dominion Greens Homeowners Assoc Inc PO Box 480 Stephens City, VA 22655 Property tt 75-P-1-3-207-A Name Autumn Glen Frederick County, Va HOA Inc PO Box 2580 Winchester, VA 22604 Property It 75-L-3-3-77-A Name Property tt 17 COG Special Limited Power of Attorney o IItie County of Frederick, Virginia w Frederick Planning Website: www.fcvams ,u Department of Planning & Development, Comity of Frederick, Virginia 107 North Kent Street, Winchester, Vi►•ginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All lNlen By 'These Presents That: Tasker Warrior Properties, LLC Nance ol' Property Owner/Applicant Please note: If the properly omiedapplicant is an entity, the name of the entity should appear above. If nudliple Persons own the property or are applicants, an executed power of ouorney from each opener will be needed PO Box 480, Stephens City, VA 22655 540-869-1800 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the h act(s) or parcels) of land in Frederick County, Virginia, identified by following property identification numbers: 75-A-104-E do hereby make, constitute, and appoint: Pennoni Associates, Inc./ David Frank Nome of Allorney-In-Fact 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 540-771-2087 \tailing Address of Arlontey-In-Fact Telephone Number to ,let as my t•ue and lawful attorney-in-Gmct for and in illy 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 follorvnm r, for the above identified property: Q✓ Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, lily attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: 'I•his appointment shall expire one year I'ronl the day that it is signed, or at such sooner time as otherwise rescind or modify it. Signature !/.4 f L.-1]1C1'�i 'I -isle (ifsi\fining on hY all'of an cntly) I j CL 1 '1 t G State of \I` (i�Q Cou111Y;Git-y-oI' CAe \6I•o wit: a Notary Public in and fir the jurisdiction aforesaid, certify that the person who signed the lor�oing instrument personally appeared before me and has acknowledged the same bee forlne in thcjurisdiction aforesaid this clay ofSt,�� 2(l�1 My Commission I:xpires C}73 Notary Public Registration Number: TINA L. SCRUGGS NOTARY PUBLIC REG.#334353 MM4N-WEAJ-KOF-VlRGINtA— My COMMISSION EXPIRES JAN. 31, 2023 0 220012289 • TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A-104E PROFFER STATEMENT REZONING: RZ# Q 6 -22" B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcel 75-A-104E; 8.5 acres (here -in after the "Property") RECORD OTHER: Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Tasker Warrior Properties, LLC (here -in after "Owner") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950. as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application ` for Tax Parcel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance Nvith the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors. heirs. or assigns. The Property is identified as Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owner proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owner proffers to restrict hours of operation for land uses that are permitted within the B-2. Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PNI to 6:00 ANI. ATN,l/ITM machine as an accessory use to a financial institution bank shall be allowed unrestricted 24-hours a day. 7 days a week. Additionally, the Owner proffers to prohibit deliveries to all land rues that are permitted within the B-2. Business General District portion of the Property from 11:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of S0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. TASKER WARRIOR PROPERTIES, LLC A Virginia Limited Liability Company By: Beverle B. Shoemaker, Manag' r COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this O �1 day of 2022, by Beverley B. Shoemaker, Manager of Tasker Warrior Properties, LLC a Virginia Limited Liability Company, on behalf of the company. TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 — COMMONWEALTH OF VIRGINIA Nota1 Public MY COMMISSION EXPIRES JAN. 31, 2023 �' ---- Registration Number: 33` 135 My Commission Expires o0�`N, vv \ 31 ac,Q ORDINANCE Action: PLANNING COMMISSION: September 7, 2022 BOARD OF SUPERVISORS: September 28, 2022 Recommended Approval Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-22 TASKER/WARRIOR PROPERTIES, LLC WHEREAS, REZONING #06-22 TASKER/WARRIOR PROPERTIES, LLC, submitted to rezone 8.5+/- acres front B2 (General Business) District with proffers to B2 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with by -right development on the parcel. The property is located southwestern corner of Warrior Drive and Tasker Road and is Identified with Property Identification Number 75-A-I04E in the Shawnee Magisterial District, and WHEREAS, the Frederick County Planning Comillission held a public hearing oil this Rezoning oil September 7, 2022 and recommended approval; and WHEREAS, the Frederick County Board of' Supervisors held a public hearing on this Rezoning during their regular meeting on September 28, 2022; and WHEREAS. the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare. NO«', THEREFORE, BE IT ORDAINED by the Frederick Count), Board of Supervisors, that in accordance with Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to revise the proffers associated with Rezoning #06-22 Tasker/Warrior to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with by -right development on the parcel. 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 28 day of September 2022 by the following recorded vote: Res# 020-22 PDRes#37-22 r Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Aye Blaine P. Dunn Aye Judith McCann -Slaughter Aye Resµ 020-22 Shawn L. Graber Aye Robert W. Wells Aye Josh Ludwig Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Administrator 121;0 12121p0 - )_pro. RECi ihDED � � THE CLERK' C OFFICE OF FREDERICK CIRCUIT COUI-T Oid rr F nn nr. REBECC0 P . HOGAN 5 CLERK. RECORDED BY : KKB 0 • TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A- 104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcel 75-A-104E; 8.5 acres (here -in after the "Property") RECORD OTHER: Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Tasker Warrior Properties, LLC (here -in after "Owner") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminary Matters PL11-SUant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application # for Tax Parcel 75-A- 104E (I 5.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of' the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. �J The Property is identified as Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owner proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owner proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. ATM/lTM machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24-11ours a day, 7 clays a week. Additionally, the Owner proffers to prohibit deliveries to all land uses that are permitted within the 13-2, Business General District portion of the Property from 1 1:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the tinge of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signature ture Tile conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and Successors in the Interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this clay of_, 2022. By: Signature For: Company Name Phone Number Title TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL,-SgS-AMt--t�75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business Gcneral District D4, tfi�with Proffers to B-2, Business General District ;if4�+rtrztl-I'�r-fH lz;rre�-Di,4-Fie- with Revised Proffers PROPERTY: Tax Parcels 75 r '�4, 5-07s iei-esHHe-1-75-A-104E; 5_5--S��t acres (here -in after the "Property") RECORD OTHER: Shoeiiia , Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: BeNviliali c' „' ,!-Ge.,,.,...,:,," lne.aiid Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road aild Warrior Road Commercial Conditional Z011ing Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022) AuEust 10.2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of' Virginia, 1950, as amended, and the provisions Of the Frederick COUllty Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that ill the event the Board Of Supervisors of' Frederick COUllty, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #()(�2-98 for Tax Parcel75 ,\ !04 (4.15a rDist-i et 75-A- 104E (I 5.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done ill conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be SllbsegllClltly amended or revised by the Owner and Such be approved by the Frederick County Board of Supervisors ill accordance with the said Code and Zoning Ordinance. Ill the event that SIICIi I-C7_011lllg is i10t granted, then these proffers shall be deemed withdrawn and have no elTect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. * i The Property is identified as Ta 63 1 Page Inn r I, .hH hie. r 1;eate .1, Oi 1 ` I' Nlafiie to Bowiiiali I �«�I �l a Ir����ri r�t�Tlt�+e;-f+l ley 1 +�4t+El Fllell t-t tFl } �A(� f 7 F� 7�Crf lei -Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf COLII-SCS Commercial Batting Cages Operated Outdoors Membership Organizatiolls Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted HOurS Of Operation The Owners proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public fi-om 1 1:00 PM to 6:00 AM. ATM/1"I-Ni machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24- 11ou1-s a day. 7 days a week. Additionally, the Owners proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion Of the Property fi-om 1 1:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution Of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribllti011 Shall be made payable to Frederick County at the tilllC Of ISSllance of the Certificate Of Occupancy Permit for any primary StructurC constructed On the Property. Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of_, 2022. By: Signature For: Company Name Phone Number Title 1�. 'ti •' Ta �f 1`ri i ,�4 i. .• .,t , of Frederick COUntyf ` irginta IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS 1`01R REZONING R1-:V1FW' i\ND M)PRO)VM, OF T I-1 l-? Tasker Road and Warrior Drive Commercial Property TM75-A-104E Opequon Magisterial District ALIgust 2022 Prepared by: Pennon) Associates Inc 117 F.. Piccadilly, Street Suitc NO Winchcstcr, Virginia 2260 1 Phonc: 540-667-2139 0 �J 1 to,- rn -L-> • Tusher Rnuc(T! , It%arrior Drive Commercial Properly ,-1 t itst 2022Rezoi iji�� Pro%%er Amendlwilt Table of Contents I. Application Form II. Impact Analysis III. Agency Comments IV. Survey Plat and Deed V. Tax Ticket VI. Special Limited Power of Attorney • Tasker Romol Warrior Drive Commercial Properti, 9u,ust 2022 Rezoning Pro%%cr.4mendment I APPLICA TION To be completed by Planning S Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hear )ate Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Pi-operty Owners) (please attach additional page(s) if more than two owners): Name: Tasker Warrior Properties, LLC Specific Contact Person if Other than Above: C/O Beverly Shoemaker Address: PO Box 480, Stephens City, VA 22655 Telephone: 540-869-1800 Name: Specific Contact Person if Other than Above: Address: Email: bshoemaker@bowman-shoemaker.com 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 pi-ima►-y contact person for this application: Firth Name: Pennoni Assoicates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200 Telephone: 540-771-2087 Email: dfrank@pennoni.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 pci-son such authority. Pagc 12 • 0 4. Project Name (if any): Tasker Road and Warrior Drive Commercial Properties S. Property Information: a. Property Identification Number(s): 75-A-104-E b. Total acreage of the parcel(s): 8.5 AC c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 8.5 AC d. Current zoning designation(s) and acreage(s) in each designation: B2 - 8.5 AC e. Proposed zoning designation(s) and acreage(s) in each designation: No change - B2 8.5 AC F. Magisterial District(s): Opequon g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance fi•om nearest intersection, using road names and route numbers): 0000 Warrior Drive, Stephens City, VA 22655 Parcel at SW corner of Warrior Drive and Tasker Road h. Adjoining Properties: Parcel ID Number Use See Attached List Please attach additional page(s) if necessary. Zoning 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 • i 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 diSCIOSUrc of the cquitable 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 na►ne 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. Tasker Warrior Properties, LLC C/O Beverly Shoemaker PO Box 480, Stephens City, VA 22655 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 0 Impact Analysis Statement Proffer Statement (if any) 0 Agency Comments 0 Fee Q Copies of Deed(s) to Property(ies) 0 Tax Payment Verification ❑� Digital copies (pdfs) of all submitted items Page 14 • 40 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. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. �. Owner: _r- 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 PROPERTY OWNERS Owners of propel-ty adjoining the land will be llotlfled of the Plalllling 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 riglit-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 Cominissloller of RevellUe. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County f (bninistrative Building, 107 North Kent Street. Name and Property Identification Number Address Tasker Warrior Properties LLC Name PO Box 480 Stephens City, VA 22655 Property #75-A-104-1 Name Trustland Development Properties LLC 126 Laredo Court Stephens City, VA 22655 Property # 75-A-104 NameJem VII LLC c/o CVS Corp #1819-01 attn P Durand 1 CVS Dr Woonsocket RI, 02895 Property # 75-A- 105- D Name H N Funkhouser & Co INC PO Box 2038 Winchester, VA22604 Property # 75-A-1 05-C Nanle City National Bank 25 Gatewater Rd Cross Lanes. WV, 25313 Property # 75-A-105-B Nan,e Cregar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 Property # 75-A-105A-1 Nan„e2Mexico LLC c/o G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 Property # 75-A-105A-1 Nan„e NCVR Properties LLC 2227 Valley Ave Winchester, VA 22601 Property # 75-A-105A-1 Name Rainbow Realty & Investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 Property # 75-A-105A-2 16 Name and Property Identification Number I Address Name Warriorgirl777 LLC 640 Warrior Drive STE104 Stephens City, VA 22655 Property tt 75-A-105A-3 Name Hild Properties LLC 568 Garden Gate Dr Stephens City, VA 22655 Property it 75-A-105A-1 NameTran P h o n g V 21055 Danbury Ct Sterling, VA 20164 Property # 75-A-105A-4 Name HOJO LLC 310 N Commerce Ave Front Royal, Va 22630 Property u 75-A-105A-5 Name Capuano Umberto 170 Delco Plz Ste 4 Winchester, VA 22602 Property # 75-A-105A-6 Name Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property # 75-A-105A-7 Nan,e Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property fi 75-A-105A-8 Name Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 Property # 75-A-105A-9 NameTimo Investments of VA LLC 13310 Tannery Ct Fairfax, Va 22033 Property #75-A-105A-1 Name Adam Arria 19 Catoctin Circle Leesburg, Va20176 Property#75-A-105A-1 Name Aligning Stars LLC 2101 Gun Barrel Rd White Post, Va 22663 Property # 75-A-105A-1 Name Old Dominion Greens Homeowners Assoc Inc PO Box 480 Stephens City, VA 22655 Property # 75-P-1-3-207-A Na,,,e Autumn Glen Frederick County, Va HOA Inc PO Box 2580 Winchester, VA 22604 Property # 75-L-3-3-77-A Name =Prol)erty 17 0 Tasker RouelZ!'l(cl Warrior Drive Commercial Properly, Irr<tius[ 202') Rezoning Pro%%er:Imenchnenl II IMPACT ANALYSIS • 7asker Road anZ!'C{''arrior Drive Commercial Properly Ammst 2022 Rezonhig Pro/%er,,Imendnrew INTRODUCTION AND JUSTIFICATION The +/- 83-acre Property fronting \Varrior Drive, identified as tax map parcel 75-A-104E, was rezoned with proffers with the Prcelerick Count} Board of Supervisors approval of RZ # 02-98. The proffers to the original rezoning were amended with the approval of RZ # 04- 18. This application seeks to allow for the installation of an ATt'vl/IT'M machine in conjunction with a by right development of a Financial institution/bank on the Subject property. Under the existing proffers this common and typical machine would not be allowed (file to its 24-11our ,icccssibilit\-. 'this proffer amendment welts to only allow for the placement of an Xrm/um for the Use and access OIL the financial institution's customers. An exception to the restriction requiring bLISinCSSCS to be closed between the hours of 11 PM to G AM is warranted in the case of a bank providing 24 hour aCCCSS to an ATi\I/ITrivI machine. No other amendments are proposed with the application. The applicant is confident that the proposed rezoning proffer amenchnent is consistent with the land use politics of the Comprehensive Policy Plan, the land USCS intcndcd Undcr the previously approved rezoning applications, and will not result in negative net impacts. COMPREHENSIVE PLAN / LAND USE /ACCESS AND TRANSPORTATION / SITE SUITABILITY / SEWAGE CONVEYANCE AND WATER SUPPLY / HISTORIC SITES AND STRUCTURES / IMPACT ON COMMUNITY FACILITIES The proposed proffer amencment clots not impact this group of rezoning application evaluation and assessment categories. The current application well not add or decrease land uSe that will result in any measurable change in the justifications and calculationS utilized in evaluating and approving the previous rezoning applications on the Subject property Taslcer Roucl2 ', lVarrior Drive Commercial Proper(v ,=1u��ust 203 Rezoning Pro%%cr ; I menchnew III A GENCY COMMENTS • COUNTY of FREDERICK Department of. Planning and Development 540/ 665-5651 Fax: 540/665-6395 July 29, 2022 David Frank (via email to: dfrank(a)penonni.com) Penonill 117 East Piccadilly Strect Winchester, VA 22601 RE: Proposed Rezoning for Tasker Road ad Warrior Drive Commercial Property Identification Numbers (PIN): 75-A-104E Dear Mr. Frank: Planning and Development staff had the OppOrtlllllty t0 review the draft rezoning application. This application seeks to amend prof US pl"CVIOLISly aDD1'OVCd with I'C7_ol ing application (REZ) #04-18. The subject property is located along Tasker Road and Warrior Drive in the OpegUO11 District. Prior to formal SL1bmission t0 the County, pICaSC C11SLIrC that these comments and all 1'CVICw agency comments are adCgllately addressed. At a Illinillll1111, a letter Clescribing how each OI lhC agCnCICS and the'r comments have been addressed Should be illClUded as part Of the submission. Comprehensive Plan Conformance. The proposed prof Ter amendment does not alter the approved zoning of tlic property (132 — General Business) or any Of the approved land uses. The project remains in colilbrinance with the Comprehensive Plan which envisions this area Of tl1C County for `business." Impact Analysis Statement. The applicant should provide an nrlpact analysis statement providing written justification for the requested proffer amendment. Proffer Statement. Include reference to REZ #04-18 Llncicr the subsection "Preliminary Matters." For Proffer B (Restricted HOLu'S of Operation) the owner may consIC1C1" rephrasing the statement t0 spccily "ATM/ITM machine as all accessol'y use t0 a fmancial Institution/bank shall be allOWCd Unrestricted 24-11OUrs a day, 7 days a week." 4. Auencv Comments. The following agencies shall provide written comment: die Countly 411orner. Application 'Materials & Fee. In addition to the documents already Submitted, the Rezoning Application check list also requires the following ItCI1lS: impact analysis statement, and tax payment verlhcation d0CLInicilt. Based oil the fees adopted by the Board of Supervisors, the rezoning fcc for this application would be S 10,850. 9 • Tasker Road and Warrior Drive Commercial July 28, 2022 Page 2 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application for public hearing. The Applicant should verify with Planning & Development staff application completeness prior to final submission. Please feel free to contact me with questions regarding this application. Sincerely, i IVI. Tyler Klein, AICP Senior Planncr MTK/pd Cc: Tasker Warrior Properties, LLC, c/o Beverly Shoemaker (via email to: bshocmal<erCD,bowman-shocmakcr.com) • July 28, 2022 VIA EMAIL Mr. David Frank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail i-willia a fcva.us Re: Rezoning Application — Tasker Warrior Properties, LLC — Tax Parcel Number 75-A-104E ("Subject Property") — Proffer Statement revised May 5, 2022 (`Proffer Statement") Dear Mr. Frank: You have submitted to Frederick County for review the Proffer Statement, received by my office on July 26, 2022, for the proposed rezoning of the Subject Property, 8.5t acres in the Shawnee Magisterial District, from the B2 (General BLISIness) District, with proffers, to the B2 (General Business) District, with revised proffers. I have now reviewed the Proffer Statement aIld it is Illy opinion that the Proffer Statemeit W011ld be in a forlll t0 I11CCt the 1'egUirements Of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comment: Preliminary Mattcrs — To avoid any ambiguity, the reference to Rezoning Application #002-98 Should be left blank, to allow 111SCI.6011 Of the Cl11'1'Cllt rezoning application number. Likewise, the reference t0 the parcel 11L11llbcr Sh011ld be revised t0 show only parcel number 75-A- 104E, as the Proffer Statement does not otherwise PLII'1)01't to amend the proffers applicable to those parcels that were part of'the previous 1998 and 2019 rezonings. Mr. David Frank July 28, 2022 Pagc 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick Q. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email) "Tacker Ruud rp', Warrior Drive Commercial Properly Alain t?0>> Re-zoningPro%/er;Imendment IV SUR VEY PLA T AND DEED Tasker Roach/ [Varrior Drive Commercial Property, 4iu ust 2022 Rezoning Projj r:lmendment V TAX TICKET • Depu-t-ickettt RE2022 / 407150001 Nance TASKER WARRIOR PROPERTIES LL: Name 2 Address PO BOX 480 STEPHENS CITY VA /_ip 22655 480 Penalty Paid 5000 Original Bill Payments S4, 51 705 (S4,517 OS) Real Estate Ticket Detail Previous 2022 REAL ESTATE Frequency 1 Map# 75 A 104E Bill Date 04/25/2022 Due Date 06/06/2022 Desc 8.50 ACRES Interest Paid 5000 Current Pavmcnl SLIMS Principal Balance Due Penalty SO 00 -Iansaction Ilistol- Dale Type I'ransactionll 6;62022 Charge 0 5/11,202 Principal Paid 27462 Previous Supplcmenttl 0 AccOuntil 8038499 Acreage 8.500 Improvements $000 Land Value $1,1181,00000 Land Use $0.00 Minerals $0.00 Last Transaction Date 05/12/2022 Interest SO 00 SO 00 Amount S4,517.05 (S4,517.05) Balance Due SO 00 Balance S4,517.0.5 50.00 Taslcer Roa0"', Warrior Drive Commercial Property August 2022 Rezoning ProJ%er : imenclment VI TED P SPECIAL LIMIOA 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 Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All INlen 13v These Presents TfUlt: Tasker Warrior Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an ennly, file name of the enfily should appear above. If nrulliple persons own the property or are applicants. an e.eeculed power of auorney from each owner will be needed. PO Box 480, Stephens City, VA 22655 540-869-1800 Mailing Address of Property Owner/Applicant 'I'clephone Number as owner of, or applicant with respect to, the t-act(s) of parce(s) of land in Frederick County, Virginia, identified by following property identification nun►bers: 75-A-104-E do hereby make, constitute, and appoint: Pennoni Associates, Inc./ David Frank Nance of Attorney -In -Fact 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 \tailing Address of Allorney-In-Fact 540-771-2087 Telephone Number to act as Illy true and lawltil 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 F►•ederick County, Virginia for the f•olloryfor the above identified property: R/ Rrronining Subdivision Conditional Use Permit U Site Plan Nlaster Development flan (prelim. or final) ❑ Variance or Zoning Appeal and, further, Illy attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: •I'his appointment shall expire one year I'rom the day that it is signed, or at such sooner time as otherwise rescind or modify it. Signature /� L t' 'I'itle (il'signing on 41 alf of an entity) State of \�rtw\ County/E'it-y-of V�C_A_ C_ \c `� To wit: • c� a Notary Public in and for thcjurisdiction aforesaid, certify that the person who signed the lorcgoing instrument personally appeared before me and has acknowledgcd the same before �kll in thcjurisdiction aforesaid this _QA__ day of•'_,St,��� 2t � G / ` Ily Commission ExpireAmftb�Notary Public Registration Number: TINA L. SCRUGGS NOTARY PUBLIC REG.#334353 MMONWEALTWOF—VIRGINIA— MY COMMISSION EXPIRES JAN. 31. 2023 • Iasker Roatlf Warrior Drive Commercial Property Ineast?0 2 RezoningProder;lmencbnent VII PROFFER STA TEMENT • 0 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcel 75-A- 104E; 8.5 acres (here -in after the "Property") RECORD OTHER: Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Taskcr Warrior Properties, LLC (here -in after "Owner") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminaiy Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application # for Tax Parcel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that Stich terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these profTers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. • • The Property is identi fled as Tax Map Parcel 75-A- 104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owner proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pinllpS at convenieilce stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owner proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM. ATM/iTM machine as an accessory use to a Financial institution/bank shall be allowed unrestricted 24-hours a day, 7 days a week. Additionally, the Owner proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 1 1:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot For County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. • Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and SUCCCSSors In the Interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of_, 2022. By: Signature For: Company Name Phone Number Titic TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL--5--A—I W� —&-75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District ilI1eNZ4�I�eic4ellEifF�i-'e1-t=el+ll+lee D 4, H-c+with Proffers to B-2, Business General District Dit4fiet-with Revised Proffers PROPERTY: Tax Parcels -5 A-1(ai+(:k75-A- 104E; 5_515-79a acres (here -in after the "Property") RECORD OTHER: n•.,...,,, cheeii,•,I. Tasker Warrior Properties, LLC (Tax Parcel 75-A- 104E) APPLICANT: Re"viiian Shoe!llake!-Gef,,,,•,, ies r„i. u�iu and Taskcr Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zolling Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022) ALHILlst 10 2022 Preliminary Matters PLICSLIant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions Of the Frederick C011llty Zoning Ordinance with respect to conditional zoning, the Undersigned Owner hereby proffers that in the event the Board Of SUpel'VISOI'S Of Frederick C011llty, Virginia, shall approve conditional zoning amendi11ents pertaining to Rezoning Application #00298 for Tax Parcel 7--5 A 10=1 ; . , , ei-es relied-132,13-usiness Ge lei -al -Disci iet 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86-F acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done In conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be SUbsegUently amended of revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning 01'dlnanCC. In the event that SLICK I'ezolllllg 1S IIOt gl'anted, then these proffers shall be deemed withdrawn and have noelicct whatsoever. These proffers shall be bindlllg 11p011 the OWIICr and ally legal SLICCCSSOI'S, heirs, Or asslglls. The Property is identified as loel�tt- f hie.. -h+4-63 1 ll 191) (J , ho hie. r' itik,..,t,, to Bev'-!Ilaf "�-�I-l�frl�l-1�1=-C�-rFl��t�„�,:.-,—T;T�-1-y--I-ns-t+it-I�-l�n-t�'�tl-+l�l��F-(-�700173-6x-4-Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as II1StRIment Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses Tile Owner, proffers to prohibit the following land Uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature GOIf COLIrses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours ofOperation The Owners proffers to restrict how's of operation for land uses that are permitted within the B-2, Business Gencral District portion of the Property by requiring the businesses to be closed to the public from l l :00 PM to 6:00 AM. ATM/lTN/l machine as all ICCCSSw'y LISC to it 1111MIClal II1StItUtion/ballk shall be allowed LIIlrestricted 24- hoLll'S a day. 7 days a week. Additionally, the Owners proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion Of the Property from 1 1:00 Pivi to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contrlbLlt1011 of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the tinge of issuance of the Certificate of Occupancy Permit for any primary structure constructed On the Property. Owner Si;inature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of, 2022. By: Signature Title For: Company Name 1 Phone Number 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 29, 2022 David Frank (via email to: dfrankgpenollnl.coill) Pelionni 117 East Piccadilly Street Winchester, VA 22601 RE: Proposed Rezoning for Tasker Road ad Warrior Drive Commercial Property Identification Numbers (PIN): 75-A-104E Dear Mr. Frank: Planning and Development Staff had the opPOrtllility to review the draft rezoning application. This application seeks to amend proffers previouslyapproved with rezoning application (REZ) #04-18. Tile subject property is located along Tasker Road and Warrior Drive in the OpeCil1011 District. Prior to formal SUbmiss1011 to 01C CO1111ty, pICaSC Cl1SLll'C that these comments and all i'Cvic\\, agency comments are adcgLlately addressed. At a minipill, a letter describing how each Of tlic agencies and their comments have been addressed S110Llld be illClUded as part Of the SLlbI111SSI0il. Comprehensive Plan Conformance. The proposed proffer amendment does not alter the approved zoning of the property (132 — General Business) or any of the approved land uses. The project remains ill C'011fo1'lmance With the Comprehensive Plan which envisions this area of the County for "business." Inmact Analysis Statement. The applicant S1101-11d provide all impact analysis statement providing writtenJUStificatlon for the rcgLICStcd proffer amendment. Proffer Statement. Include reference to REZ #04-18 under the subsection "Preliminary Matters.' For Proffer B (Restricted Hours of Operation) the owner may Consider rephrasing the statement t0 specify "ATMATM machine as an accessory usC to a f lilanclal 1nStltUtion/bank shall be all0WCd Unrestricted 24-110111'S a day, 7 days a week.,, 4. Agenev Comments. The following agencies shall provide Written comment: the Countl',<fttornev. Application [Ylaterials & Fee. In addition t0 the CIOCLII11CIlts already SUbmitted, the Rezoning Application check list also requires the following items: impact analysis statement, and tax payment verification dOCLInicilt. Based on tllc fccs adopted by the Board Of Supervisors, the I'C%oiling fec for this application WOUld be $ 10,850. Taskcr Road and Warrior Drive Commercial July 28, 2022 Page 2 All of the above continents and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application for public hearing. The Applicant should verify with Planning & Development staff application completeness prior to final submission. Please feel free to contact me with questions regarding this application. Sincerely, YI. Tyler Klein, AICP Senior Planner iVITK/pd Cc: Taskcr Warrior Properties, LLC, c/o Beverly Shoemaker (via email to: bslloeillaker C[ bowillail-shoemakei-.coil7) July 28, 2022 VIA EINIAIL Mr. David Frank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us Re: Rezoning Application — Tasker Warrior Properties, LLC — Tax Parcel Number 75-A-104E ("Subject Property") — Proffer Statement revised May 5, 2022 ("Proffer Statement") Dear Mr. Frank: You have submitted to Frederick County for review the Proffer Statement, received by my office on July 26, 2022, for the proposed rezoning Of the Subject Property, 8.5f acres in the Shawnee Magisterial District, from the B2 (General BLISlness) District, with proffers, to the B2 (General Business) District, with revised proffers. I have now reviewed the Proffer Statement and It is Illy opinion that the Proffcr Statement WOLIld be in a IOrm t0 meet the regUirelllents of the Frederick C01.111ty Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, Subject t0 the following coinn1c►1t: Preliminary Matters — To avoid any ambiguity, the reference to Rezoning Application #002-98 should be left blank, to allow insertion Of the current rezoning application number. Likewise, the reference to the parcel number should be revised to show only parcel number 75-A-104E, as the Proffer Statement does 110t OtllerWlSe pLll'p01-t to amend the proffers applicable to those parcels that were part Of the previous 1998 and 2019 rezonings. i'v1r. David Frank July 28 2022 Pagc 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email) 7asicer l oal and Warrior Drive Commercial Property 4rr<aust 2022 Rezoning Pro&r.4mendment III AGENCY COMMENTS TasGer Ruud and N iu•rior Drive Commercial Property mmst 2022 Rezoning Pro%%er .bnendmew INTRODUCTION AND JUSTIFICATION The +/- 8.5-acre Property fronting \Warrior Drive, identified as tax map parcel 75-A-104L', was rezoned with proffers with the l'redcrick COunt�l Board Of Supervisors approval of R% # 02-98. The proffers to the Original rezoning were amended with the approval of R% # 04- 18. This application seeks to allow for the installation of an xrim/1Tm machinc in cOnjunction with a by right development of a Financial institution/bank on the subject property. Under the existing proffers this common and typical machine wOuld not be allowed due to its 24-11our accessihilitN.. "Phis proffer amendment seeks to only allow for the placement of an xTwrrm for the use and access of the Financial institution's customers. An exception to the restriction requiring businesses to be closed between the hours of l 1 Pi\I to 6 AM is warranted in the case Of a bank providing 24 hOLII- access to an A'rfM/1Tl'vI machinc. No Other amendments are proposed with the application. The applicant is confident that the proposed rezoning proffer amendment is consistent with the land use policies of the Comprehensive Policy Plan, the land useS intended under the PreviouslN' approved rezoning applications, and will not result in negative net impacts. CO,NIPREHENSIVE PLAN / LAND USE /ACCESS AND TRANSPORTATION / SITE SUITABILITY / SEWAGE CONVEYANCE AND WATER SUPPLY / HISTORIC SITES AND STRUCTURES / IMPACT ON COMMUNITY FACILITIES The proposed proffer amendment does not impact this group of rezoning application evaluation and assessment categories. "I"hc current application will not add or decrease land use that will result in any measurable change in the justifications and calculations utilized in Tasker Road c�' Warrior Drive Commercial Property Aiivust 027 Re::oningPro%%erAmendment II IMPACT ANALYSIS 11 Dept, Ticket# RE2022 / 407150001 Name TASKER WARRIOR PROPERTIES LU Nano 2 Address PO BOX 480 STEPHENS CITY VA Zlp 22655 480 P-,i) /T o oktj1) Taxes Real Estate Ticket Detail Previous 2022 REAL ESTATE Frequency 1 Nlaps'/ 75 A 104E Bill Dale 04/25/2022 Due Date 06/06/2022 Desc 8.50 ACRES Penalty Paid S000 Interest Paid S000 Current Payment Status Original Bill Payments Principal Balance Due Penalty S4,511 05 (S4,517 05) S000 'Transaction IlislorN Date 'Type "I'ransactiontl 6-6 2022 Charge 0 5/11,2022 Principal Paid 27462 Previous Supplementit 0 Accouttttl 8038499 Acreage 8.500 Improvements $000 Land Value $1,481,00000 Land Use $0.00 Minerals So.00 Last "Transaction Date 05/12/2022 Interest $000 S000 Amount S4.517.05 (S4,517.05 ) Balance Due $000 Balance S4,517.05 i S0.00 I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 14, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-22 FOR TASKER WARRIOR PROPERTIES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 28, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the follo\ving application: Rezoning #06-22 of Tasker Warrior Road Properties, LLC submitted to rezone 8.5+/- acres from 132 (General Business) District with proffers to 132 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proflcred hours of' operation and allow for the installation of a 24-hour ATM/lTM machine in conjunction with a by -right development Of a Financial institution/bank. The property is located southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. 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. Continents on the above may be submitted to the commission via: Electronic commenting, on the County website at www.Icva.us/I30SMcetings (Click on eComment for the September 28, 2022, meeting). Email to County staff at kvacchio(a)fcva.us or ann.phillips((I)fcva.us Mail to Planning Department — September 28, 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 ofryour comments. General inquiries concerning 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 Filcs(s), including the full text of any ordinance or of any other itcm(s) to be adopted are available at the Office of Planning and Development or at: wwW.lcva.us/PCMcctines. Sincerely, -Y)2 I M. Tylin, AICP Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 '` • 2 Thi is to certify that the attached correspondence was mailed to the following on q'3 ) c J,?e from the Department of Planning and Development, Frederick County, Virginia: 475-A-105A-5 475-A-105A-1 HOJO, LLC. 75-A-104-1 NCVR Properties LLC 2227 Valley Ave 310 N Commerce Ave Secure Store V, LLC P.O. Box 480 Winchester, VA 22601 Front Royal, VA 22630 Stephens City, VA 22655 475-A-105-D Jem VII LLC. C/o CVS Corp #1819-01 attn P. Durand 1 CVS Dr Woonsocket, RI. 02895 #75-A-105-C H N Funkhouser & Co INC P.O. Box 2038 Winchester, VA 22604 #75-A-105-B City National Bank 25 Gatewater Rd. Cross Lanes, WV 25313 #75-A-105A-1 Cregar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 #75-A-105A-1 2Mexico LLC c/c G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 #75-A-105A-2 Rainbow Realty & investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 475-A-105A-3 Warriorgirl777, LLC. 640 Warrior Dr Ste 104 Stephens City, VA 22655 #75-A-105A-1 Hild Properties 568 Garden Gate Dr Stephens City, VA 22655 75-A-105A-4 Tran Phong V 21055 Danbury Court Sterling, VA 20164 #75-A-105A-6 Capuano Umberto 170 Delzo Plz Ste 4 Winchester, VA 22602 #75-A-105A-7 Suktek Properties LLC. 640 Warrior Dr STE 109 Stephens City, VA 22655 #75-A-105A-8 Suktek Properties LLC. 640 Warrior Dr STE 109 Stephens City, VA 22655 475-A-105A-9 Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 M. Tyler IK ein, Senior Planner Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the De artment of Planning and Development, whose name is signed to the foregoing, dated cq < <1 ,has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this / day of ,� ' �' iLk My commission expires on 0 NOTARY PU....,...... •!/ALA DEETER .jOTARY PUBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2026 #75-A-105A-1 Timo Investments of VA LI-C 13310 Tannery Ct Fairfax, VA 22033 #75-A-105A-1 Adam Arria 19 Catoctin Circle Leesburg, VA 20176 #75-A-105A-1 Aligning Stars 2101 Gun Barrel Rd White Post, VA 22663 #75-P-1-3-207-A Old Dominion Greens Homeowners Assoc Inc P.O. Box 480 Stephens City, VA 22655 #75-L-3-3-77-A Autumn Glen Frederick County, VA HOA Inc P.O. Box 2580 Winchester, VA 22604 75-A-104 Trustland Development Properties P.O. Box 227 Middletown, VA 22645 oTasker Warrior Properties, LLC isP.O. Box 480 Stephens City, VA 22655 A. N 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 24, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-22 FOR TASiCLR WARRIOR PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 7, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-22 of Tasker Warrior Road Properties, LLC submitted to rezone 8.5-1-/- acres from 132 (General Business) District with proffers to 132 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered horns of operation and allow for the installation of a 24-110ur ATM/ITM machine in conjunction with a by -right development of a financial institution/bank. The property is located southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. 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 vla: Electronic commenting on the County wcbsite at www.fcva.us/PCMeclints (Click on cComment for the September 7, 2022, meeting). Email to County staff at kvacchio(a)fcva.us or sconncr(rr),f'cva.us Mail to Planning Department — September 7, 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 item(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: ww��.fcva.us/PCMcctins. Sincerely, M. �Tyyler -in, AICI Selllor Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify County; Virginia: 75-A-104-1 Secure Store V, LLC P.O. Box 480 Stephens City, VA 22655 475-A-104-1 Tasker Warrior Properties, LLC. P.O. Box 480 Stephens City, VA 22655 #75-A-104 Trustland Development Properties 126 Laredo Court Stephens City, VA 22655 475-A-105-D Jem VII LLC. c/o CVS Corp 41819-01 attn P. Durand 1 CVS Dr Woonsocket, RI. 02895 #75-A-105-C H N Funkhouser & Co INC P.O. Box 2038 Winchester, VA 22604 #75-A-105-8 City National Bank 25 Gatewater Rd. Cross Lanes, WV 25313 that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 475-A-105A-1 #75-A-105A-1 Cregar Enterprises LLC Hild Properties 433 Westmoreland Dr 568 Garden Gate Dr Stephens City VA 22655 Stephens City, VA 22655 #75-A-105A-1 75-A-105A-4 2Mexico LLC Tran Phong V c/c G. Greenfield 21055 Danbury Court 14 E. Piccadilly St Sterling, VA 20164 Winchester, VA 22601 #75-A-105A-5 #75-A-105A-1 HOJO, LLC. NCVR Properties LLC 310 N Commerce Ave 2227 Valley Ave Front Royal, VA 22630 Winchester, VA 22601 ##75-A-105A-6 #75-A-105A-2 Capuano Umberto Rainbow Realty & Investment Inc 170 Delzo Piz Ste 4 469 21218 Edgewood Ct Winchester, VA 22602 Sterling, VA 20165 475-A-105A-7 475-A-105A-3 Suktek Properties LLC. Warriorgir1777, LLC. 640 Warrior Dr STE 109 640 Warrior Dr Ste 104 Stephens City, VA 22655 Stephens City, VA 22655 M. Tyler Klein, � for Planner Frederick Coin Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1 ��I��c, C • Q,2 C.�S� a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated �3 •�*(- � a , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �day of�� MY commission expires oiLl, NOTARY PUBLIC MPAMALA DEETER i NOTARY PUBLIC t REGISTRATION#354474 C(`i• ')tIWEALTH OF VIRGINIA viti �,OMMISSION EXPIRES �-CEMBER 31, 2026 #75-A-105A-8 Suktek Properties LLC. 640 Warrior Dr STE 109 Stephens City, VA 22655 #75-A-105A-9 Ching Yahui ETALS 107 Fishers Hill Ct Stephens City, VA 22655 #75-A-105A-1 Timo Investments of VA LLC 13310 Tannery Ct Fairfax, VA 22033 #75-A-105A-1 Adam Arria 19 Catoctin Circle Leesburg, VA 20176 #75-A-105A-1 Aligning Stars 2101 Gun Barrel Rd White Post, VA 22663 #75-P-1-3-207-A Old Dominion Greens Homeowners Assoc Inc P.O. Box 480 Stephens City, VA 22655 #75-L-3-3-77-A Autumn Glen Frederick County, VA HOA Inc P.O. Box 2580 Winchester, VA 22604 0 C O(jN,1,Y ofP,k1'1)I I Z I C K Departnicilt of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 24, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #t06-22 FORTASKER ROAD & WARRIOR PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 7, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 906-22 of Tasker Road & Warrior Road Properties, LLC subnlittecl to rezone 8.5-+-/- acres fi-onl B2 (General Business) District to B2 (General Business) District with proffers. The property is located southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing father than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website atv_v��.fcva.us/I'(Tlecl_ings.(Click on eComment for the September 7, 2022, meeting). Email to COLInty staff at k_vacchio_c.-f( a,us N sconncr<rrli'\'rl,iis Mail to Planning Department — September 7, 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 chop off your comments. General inquiries concerning 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: TUN Sincerely, M. Tyler Klein, AICP Senior Planner � � 107 North Kent Sirect, Suite 202 4 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 14, 2022 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-22 FOR TASKER WARRIOR PROPER"I'IES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 28, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-22 of Tasker Warrior Road Properties, LLC submitted to rezone 8.5+/- acres from 132 (General Business) District with proffers to 132 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by -right development of a financial institution/bank. The property is located southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. 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 \vebsite at www.fcva.us/130SMcctii1gs (Click on eComment for the September 28, 2022, meeting). Email to County staff at kvacchio(Weva.us or ann.phillipsnfcva.us Mail to Planning Department — September 28, 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 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 frill text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: �� "w.fcva.us/PCMcctin�s. Sincerely, M. Tyler leis, A/ ICP Senior Planner 107 North Kent Street, Suite 202. Winchester, Virginia 22601-5000 �- COUNTY of FREDERICK Hasler 09 14, 022 $00. , a fl MIUM Department of Planning & Development j� 107 North Kent Street, Suite 202 'ti ' ' `j 7IP 22601 w • Winchester, Virginia 22601 01 1 D 1 1646815 75-A-10SA-3 RCCEIVED Warriorgir1777, LLC 640 Warrior Dr STE 104 Stephens City, VA 22655 SEP 2 '? trr,r� RETJRN TO SENDER i PLANN' ATT_MPTED - NOT KNOWN ` JN^A3_E TO FORWARD i J L G L_ ci V 1 J V V V 7 J 1 rJ11/ - V LJ 7 V- 1't- 1V 1 _� C 'i _ ._ n !'1 [) IIIIIII I�{1111111{{III111{liiti{1I1{�{III{III II1111I It11111�{I I M ADJOINING PROPERTY OWNERS Owners of' property adjoining the land \vill be notified of the Planning Conlnlission and the Board of Supervisors meetings. For the purpose of this application, adjoining propert% is and property abutting the requested property on the side or rear or an\ properth directl\ across a public ri„;ht-of-�\a\, a prisate right -of -%\ay, or a %\atercourse from the requested propert\. The applicant is required to obtain the ti►Ilo\\in,.z III fol"Illatloll on each adjoinin`a property including the parcel identitication number MIMI nla\' be obtalllCd tronl the otiice of the Commissioner of ReVenue. 11w Commissioner o/the Re ve rote i.� located on the ?nd floor o/thc F'redcrick Cocrntl• .-Ieln►irti.cn-util-c Building, 107 North Kcw Silver Name and PropertN Identification Number Address Tas+ref Wad's,` Pr°pettres LLC Name - Cu?'5?-Q iLF_ %/ 1—" c PO Box 480 Stephens City, VA 22655 Property � 75-A-104-1 \'a,„e Trustland Development Properties LLC 126 Laredo Court Stephens City, VA 22655 Propert% :.75-A-104 Nan,eJem VII LLC c/o CVS Corp #1819-01attn P Durand 1 CVS Dr Woonsocket RI, 02895 Property :: 75-A-105-D N;,,,,e H N Funkhouser & Co INC PO Box 2038 Winchester, VA 22604 Property ::75-A-105-C Name City National Bank 25 Gatewater Rd Cross Lanes. WV, 25313 Propem - 75-A-105-B Name Cregar Enterprises LLC 433 Westmoreland Dr Stephens City, VA 22655 Property :, 75-A-105A-1 Name2Mexico LLC c/o G. Greenfield 14 E. Piccadilly St Winchester, VA 22601 Property -75-A-105A-1 \'a,,,e NCVR Properties LLC 2227 Valley Ave Winchester, VA 22601 Propert\ ::75-A-105A-1 'game Rainbow Realty & Investment Inc 469 21218 Edgewood Ct Sterling, VA 20165 Propeit� - 75-A-105A-2 L-2 16 Namc and Property Identification Number Address Name Wrriorgir1777 LLC 640 Warrior Drive STE104 Stephens City, VA 22655 Property tat 75-A-105A-3 � Name Hild Properties LLC 568 Garden Gate Dr Stephens City, VA 22655 Property tt 75-A-105A-1 / NamcTran Phong V 21055 Danbury Ct Sterling, VA 20164 Property tt 75-A-105A-4 ✓ Name HOJO LLC 310 N Commerce Ave Front Royal, Va 22630 Property it 75-A-105A-5 v NameCapuano Umberto 170 Delco Plz Ste 4 Winchester, VA 22602 Property tt 75-A-105A-6 ✓ Na,nc Suctek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 Property tt 75-A-105A-7 V NameSUCtek Properties LLC 640 Warrior Drive Ste 109 Stephens City, VA 22655 [� Property tt 75-A-105A-8 g Yahui ETALS FProperCtyht/in75-A-1 107 Fishers Hill Ct Stephens City, VA 22655 05A-9 / Na,ncTimo Investments of VA LLC 13310 Tannery Ct Fairfax, Va 22033 Property it 75-A-105A-1 ✓ NameAdam Arria 19 Catoctin Circle Leesburg, Va 20176 Property tt 75-A-105A-1 i Aligning Stars LLC 2101 Gun Barrel Rd White Post, Va 22663 re rtytt 75-A-105A-1 Name Old Dominion Greens Homeowners Assoc Inc PO Box 480 Stephens City, VA 22655 Property tt 75-P-1-3-207-A Na,ncAutumn Glen Frederick County, Va HOA Inc PO Box 2580 Winchester, VA 22604 Property tt 75-L-3-3-77-A Name Property It 17 COUNTY of FREDERICIC '.. UVA zzr-,, fkParlment of Planning & Development 107 North Kent Street. , Suite 202 Winchester, Virginia 22601 2S ALJG 2022PM 3 1- 105-A-104 Trustland Development Properties 126 Laredo Court Stephens City, VA 22655 Rasler 18.,24 -2022 1 j�� 00.5 -2 71P r), tom' 1 C_! - ":" r- 0 7 Pennoni") -= 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 WE ARE SENDING YOU ❑ Attached ❑ Plans ❑ 0 LETTER OF TRANSMITTAL DATE: 8-12-2022 JOB NO. TO: Frederick County Planning 107 North Kent Street, 2nd Floor Winchester, VA 22601 ATTENTION: Tyler Klein, Senior Planner FROM: David Frank RE: TM 75-A-104-E Proffer Amendment request Via: the following items: LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 2 Impact analysis, application and application materials 1 Fee Check in the amount of $10,850.00 1 Digital copy of submission materials THESE ARE TRANSMITTED as checked below: ❑ For Review and Comments ❑ For Your Approval ❑ For Your Use ❑ As Requested REMARKS . COPY TO David Frank, PLA RECEIVED BY • Tusker Ruud and 11"arriur• Drive Commercial Property August 2022 Rezoning Pro%Jer:imencbnenl VI SPECIAL LIMITED POA • 7asker Rouclirncl lVarriur Drive Commercial Properl'v At ,usl 2022 Rezoning Pro%%er Amencbnenl VII PROFFER STA TEMENT Tusker Rou"l anti IVarrior Drive Commercial Property 1 u��ust ?0 Re.:oning Pro%%er Amenalment V TAX TICKET • Tusker Roue and 11'crrrior Drive Commercial Property -1 ugust 2022 Rezoning Pro%%er Amendment IV SUR VEYPLA T AND DEED Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF TI-I1 Tasker Road and Warrior Drive Commercial Property TM75-A-104E Shawnee Magisterial District August 2022 Prepared by: Pcnnoni Associates Inc 117 F?. Piccadilly Strcct Suitc 200 Winchcstcr, Virginia 22601 Phonc: 540-667-2139 0 0 ��I Chcunqcll 0 0' Document Approval Forin PLEASE REVIEW THE ATTACHED DOCUMENT. IF TI-IIS DOCUMENT MEETS YOUR APPROVAL, PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUjYIENT DOES N07' MEET 3'OUIZ APPROVAL, PLEASE PROVIDE COM VEIAITS AS TO HIIIA T 3'0 U 11/0 ULD LIKE TO HA I1E COMPLETED. Initials Mark Am' Tyler John Nvyatt Kayla Bryton COMMENTS: C uclI R 'ff Date & Time �u qND oVVELo MENr Received by Clerical Staff (Date & Time): r �