HomeMy WebLinkAbout07-22 Renaissance 65LC & Renaissance 35 LC - Back Creek M1 to M1 - BackfileREZONING 'TRACKING SHEET
Check List: -t� Lj —1 - L� Q-
Application Form / Fee & Sign Deposit
Proffer Statement ✓ Deed
Impact Analysis Plat/Survey
Adjoiner List Taxes Paid Statement
B----� �-I- a -d- File opened
Reference manual updated/number assigned
D-base updated
Copy of adjoiner list given to staff member for verification
Color location maps ordered from Mapping
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Scan documents to Planning S: drive
Application Action Summary updated
Scan additional items as needed (Project Planner to direecct)
a� Planning Commission Meeting ACTION: / je c' ((�
a Board of Supervisors Meeting ACTION: C;
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
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- Reference manual updated
C� a a� D-base updated
[6 i Scanning updated
Application Action Summary updated
ipl9 laa File given to Mapping to update zoning map
Ip�q a� Zoning map amended
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REZONING APPLICATION 907-22
RENAISSANCE 65 LC & RENAISSANCE 35 LC
Staff Report for the Planning Commission
Prepared: September 12, 2022
Staff Contacts: Iv1. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/21/2022 Pending
Board of Supervisors: 09/28/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING
COMMISSION MEETING:
This is a proposed rezoning to amend the proffer statement approved with REZ #04-17 (Carbaugh
Business Center). The proposed amendment seeks to remove the restriction on the number of entrances
allowed from future Renaissance Drive. No other provisions in the previously approved proffer statement,
including approved land uses, are proposed to be amended. The 107.21-acres subject property is zoned M1
(Light Industrial) District and located in the Back Creek District.
Staff notes one (1) comment remains unresolved. After further consultation with VDOT, County staff
requested the applicant consider updating the proffer statement to further stipulate conducting traffic
counts at time of site planning and if warranted, constructing turn lanes. The applicant has not responded to
this request for additional proffer language regarding, turn lanes.
This rezoning application does not require a public hearing. Follo►ving a presentation, a
recommendation i,egar(finl; this rezoning application to the Board of.Supet-visors )youlll be
appropriate. The Appincannt shonnld be pn•epared to arleguatelh address all conncen'ns raised bV the
Planning Commission._
Rezoning #07-22 — Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
Page 2
This i-eport is prepared by the Frederick Comity Planning Staff to provide infol'mation to the
Planning Commission and the Board of Superylsol's to assist them in milking a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concei-ring this application am noted by staff Where' relevant throughout this stuff j,eport.
PROPOSAL: This is a proposed rezoning to amend the proffer statement approved with REZ #04-17
(Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number
of entrances allowed from fixture Renaissance Drive.
LOCATION: The subject properties are located south of Shady Elm Road (Route 651) and north of
the railroad.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 74-A-68 and 74-A-69
PROPERTY ZONING: M 1 (Light Industrial) District
PRESENT USE: Vacant/Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential (Single -Family Detached, SFD)
South: RA (Rural Areas) Use: Vacant/Agricultural
East: MI (Light Industrial) Use: Vacant/Unimproved
West: RA (Rural Areas) Use: Residential (SFD)
Rezoning #07-22 — Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site Histoij,
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the
subject properties as being zoned A-2 (Agricultural General) District. The County's
agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District
upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
On December 13, 2017, the Board of Supervisors approved rezoning application (REZ) #04-17
(Carbaugh Business Center) which rezoned two (2) parcels totaling 107.21-acres from the RA
(Rural Areas) District to the M 1 (Light Industrial) District with proffers.
2) Comprehensive Plan
The Coin prelensive Plan is the guide for the future growth of Fmderick 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 f rederick 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.
Comprehensi ,e Plan Lancl Use Compalibilily
The subject properties are located within the limits of the Sewer and Water Service Area
(S WSA) and are within the limits of the Ker»slown Area Plan of the 2040 Comprehensive Plan.
The Kenisloian Area Plan identifies these properties with an industrial land use designation as
outlined in the "Shady Elm Economic Development Area." The "Shady Elm Economic
Development Area" is designed to be a significant area of inclustNal and commercial
opportzmity that is fully sul)I)oi-tive of the Courtly Economic Development Authority's lal'geled
goals and sti-alegies. The intent of the industrial designation is to further enhance the County's
commercial and industrial areas and to provide focus to the County's future regional
employment centers.
The existing zoning of the property, M 1 (Light Industrial) District, is consistent with the Plan.
The proposed rezoning (proffer amendment) while altering restrictions to site access, does not
change the zoning district or approved land uses and as such remains in confavnance with the
Comprehensive Plan.
3) Access & Transportation
As stipulated in the proffer statement approved with REZ #04-17, two (2) commercial entrances
Rezoning #07-22 — Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
Page 4
are permitted from future Renaissance Drive (a future collector road). The proposed rezoning
(proffer amendment) removes the restriction on the number of entrances allowed from future
Renaissance Drive. The proffer amendment would allow the properly owner to apply to and receive
VDOT approval for any number of entrances as required for industrial development of the subject
properties. Additional entrances could be necessary to ensure appropriate circulation within the
development and/or to separate tractor truck trips from passenger vehicles for employees. Entrance
permitting would occur at time of site plan review and approval. After further consultation with
VDOT County staff requested the applicant consider updating the proffer statement to further
stipulate conducting traffic counts at time of site planning and if warranted, constructing turn lanes.
The applicant has not responded to this request for additional proffer language regarding turn lanes.
The proffer amendment would also not impact the Frederick County's revenue share project
(design, construction, or anticipated completion) for future Renaissance Drive.
County of Frederick Attorney:
Please see attached comments from Roderick B. IT'illiams, County fttorney doted July 15, 2022.
Virginia Department of Transportation
Please see attached comments fi-om VDOT dated July 20, 2022.
Frederick County Fire and Rescue
Please see attached comments ft om the O fire of the fire Marshal, dated July 14, 2022.
This mzoning application !toes not mquire a public hearing. Following a pi-esentation, a
/'ecoi) men(lation regarding this rezoning application to the Board of .Supe/'Vlsors )Uoulll be
appropriate. The Applicant should be prepared to adequately alllh'ess all concerns raised by the
Planning Commission.
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LC
PINs: 74 - A - 68, 74 - A - 69
Minor Proffer Amendment
Zoning Map
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107 N Kent St
Winchester. VA 22601
540 - 665 - 5651
p 325 1.300 Feet Map Created: August 26, 2022
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REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LC
PINs: 74 - A - 68, 74 - A - 69
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1.300 Feet Map Created: August 26, 2022
FIRST AMENDMENT TO PROFFER STATEMENT
REZONING:
PROPERTY: 74-A-68 and 74-A-69
RECORD OWNER: Renaissance 65 LC and Renaissance 35 LC (collectively
"Owner")
APPLICANT:
PROJECT NAME:
ORIGINAL DATE OF
PROFFERS:
Renaissance 65 LC and Renaissance 35 LC
Carbaugh Business Center
October 6, 2017 (Rezoning 1104-17)
The undersigned Owner hereby submits its First Amendment to Proffer Statement, which
First Amendment states that the following conditions, to the extent amended, shall supersede the
indicated provisions of the Proffer Statement on the Properties that have been made prior hereto.
In the event that the above -referenced First Amendment to Proffer Statement is not granted as
applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn
and shall be null and void.
The following sections of the Proffer Statement dated October 6, 2017 are amended as
follows:
Revision to Site Improvements Proffer 5
The language of the first paragraph of Site Improvements Proffer 5 is replaced in its
entirety with the following:
5. The Owner agrees to construct commercial entrances approved by the Virginia
Department of Transportation for the Property along Renaissance Drive.
Revision to Site Improvements Proffer 6
The language of Site Improvements Proffer 6 is deleted in its entirety.
Respectfully submitted,
RENAISSANCE 65 LC
OJameO. Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 65 LC
COMMONWEALTH/,STIkTE-OF 5 • , AT LARGE
__GITY/-COUNTY OF f - 4 , to -wit:
The foregoing instrument was acknowledge before me thisq' day of ZJ 17 2022 by
5 of RENAISSANCE 65 LC.
EKearsley Rosalind Robin RandOTARY PUBLICSTRATION H 7806864NWEALTH OF VIRGINIANOTARY PUBLIC
SSION EXPIRES July 31.2023
T_
My commission expires: 2 - z
Registration number: 8 u 6 6
RENAISSANCE 35 LC
B rJameT). Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 35 LC
COMMONWEALTHZ,S,� OF U : r S ,, ; , AT LARGE
jCI /COUNTY OF F ,- •v �- ; - y , to -wit:
The foregoing instrument was acknowledge before me this 2 day of 3' (`l , 2022 by
3:•�r�5.u<<�/ «ttl, ,ter •r,I��l of RENAISSANCE 35LC.
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Kearsley Rosalind Robin Rand
NOTARY PUBLIC
REGISTRATION # 7806864
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES July 31.2023
My commission expires: 2-
�L 3
Registration number: 1 e' b 8 6 y
2
NOTARY PUBLIC
REZONING REQUEST PROFFER CD
0
Property Identification Number —
74 - ((A)) - 68 and 74 - ((A)) - 69
Back Creek Magisterial District
Carbaugh Business Center
Record Owner: The Henry J. Carbaugh Trust
Applicant: Timothy Stowe
Original Date of Proffers: 10/6/17
Revisions Date of Proffers: 10/19/17
Preliminary Matters
Pursuant to Section 15.2-2296 et.seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned owner hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application tl 0`i- 17 for the rezoning of Tax
Map Parcel 74-A-68, a 89.8719-acre parcel, and Tax Map Parcel 74-A-69, a 17.3391-acre parcel,
to establish 107.21 +/- acres of Light Industrial (M-1) Zoning District, development of the 107.21
+/- acre Light Industrial (M-1) Zoning District, hereinafter referred to as 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 Virginia Law. In the
event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever. These proffers shall be binding upon the owner and their legal
successors or assigns.
Site Improvements
The owner agrees to participate in the cost of transportation improvements in the
nearby area. The owner will contribute to Frederick County, Virginia, a maximum of
one million and eighty thousand dollars ($1,080,000.00). Such payment shall be
made either within 30 calendar days after the start of construction on the extension
of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance
Proffer Statement Page 1 of 4
of the certificate of occupancy permit for the first building structure developed on
the Property, whichever event occurs first. Such funds can be used by the Board of o
Supervisors in its discretion for transportation improvements related to the fv
extension of Renaissance Drive, an East-West CnIlector Road, to Shady Elm Road and
can be used as local match funding for County Revenue Sharing Program projects
related to the aforementioned extension.
The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road to
Frederick County as depicted on the Generalized Development Plan (GDP), which is
attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which is
to be used for the construction of a pedestrian trail adjacent to the Property. This
dedication is to be made within 90 (ninety) days after the date of the approved
Rezoning Application.
The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast
boundary to Fredrick County for the extension of the East-West Collector Road
(Renaissance Drive) frorn Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is
depicted on the GDP. This dedication is to be made within 90 (ninety) days of a
written request by Frederick County.
The owner agrees to grant to Frederick County an 80' (80 feet) grading/slope
easement for the construction and maintenance of a bridge over the CSX rail line that
will be part of the extension of the East-West Collector Road (Renaissance Drive) from
Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the easement will
be determined during the design phase of the extension of the East-West Collector
Road. The length shall not exceed the distance from the CSX rail line to the start of the
bridge ramp. This grant is to be made within 90 (ninety) days of a written request by
Frederick County.
5. The owner agrees to limit the number of construct commercial entrances approved
by the Virginia Department of Transportation for the Property to be rezoned to a
maximum of two (2) entrances along the new collector road to be constructed as an
extension of along Renaissance Drive and intersecting with Shady Elm Road.
In the event the property is developed prior to the completion of Renaissance
Drive collector road extension, the owner may build a portion of Renaissance
Drive collector road extension frorn Shady Elm Road to the first entrance to the
site to enable use of the site. The portion of the collector road to be built in
this event will meet with both VDOT and Frederick County approval.
In the event that Frederick County request that the owner not build a portion
of the Renaissance Drive collector road extension, the owner may build a
temporary entrance onto Shady Elm Road for commercial use. The temporary
entrance on Shady Elm Road will be permanently closed
Proffer Statement Page 2 of 4
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immediately after the Renaissance Drive collector road extension is available C.)
for use by the owner.
The owner herby proffers to provide for inter -parcel connections for all new lots to
provide access to the two new access points on Renaissance Drive.
Building Restrictions
The development of the subject Property shall include the following building restrictions:
All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner
will utilize a Class C — Full Screen (As defined by Frederick County at the date of this
rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts
west of Shady Elm Road.
2. Individual business signs will be prohibited along Shady Elm Road.
3. The owner will perform an intensive level survey on the historic structure located
on -site (Henry Carbaugh House - 434-1040) prior to its demolition.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the
Renaissance Drive collector road extension. The trees are to be planted within 120
(one hundred and twenty) days of written request by Frederick County.
Monetary Contributions to Offset Impact of Development
The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 107.21 +/- acre property to the Light Industrial
(M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the
Proffer Statement Page 3 of 4
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Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1)
Zoning District portion of the parcel, the sum of thirty thousand dollars ($30,000.00), for use by
the Board in its discretion for fire and rescue purposes.
Additionally, the owner shall contribute five thousand dollars ($5,000.00) to the Kernstown
Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first
structure constructed on the property.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen (18) months of the approval of this rezoning, as applied for by the
owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in this Proffer Statement which are paid to the County after eighteen (18) months
following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U
from that date eighteen (18) months after the approval of this rezoning to the most recently
available CPI-U to the date the contributions are paid, subject to a cap of 4 percent (4%) per
year, non -compounded.
Respectfully Submitted,
The Henry J. Carbaugh Trust
OWNER: C ✓1^y J. __Jr L.rS�cvrc�c. /��.✓�r'.vlC�•�c���tc�
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By:
Date: t�VC' r ✓i�%r'!" y ,� Z-)�
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
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The foregoing instrument was acknowledged before me this day of
2017, by (I Ham\ �� C` "�
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REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Renaissance 65 LC and Renaissance 35 LC
Specific Contact Person if Other than Above: c/o The Peterson Companies
Address
12500 Fair Lakes Circle,Suite 400, Fairfax, VA 22033
Telephone: 703-631-7560
Email: koosterbeek@petersoncos.com
Name: Katie Oosterbeek, PE, Assistant Vice President, Development
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Thomas Moore Lawson, P.C.
Specific Contact Person at Firm: Thomas Moore Lawson, Esquire
Address
P.O. Box 2740, Winchester, VA 22604
Telephone: (540) 665-0050
Email: tlawson@lspic.com
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
4. Project Name (if any):
5. Property Information:
a. Property Identification Number(s): 74-A-68; 74-A-69
b. Total acreage of the pareel(s): 107.21
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
107.21
d. Current zoning designation(s) and acreage(s) in each designation:
M1 (107.21 acres)
e. Proposed zoning designation(s) and acreage(s) in each designation:
M1 (107.21 acres)
f. Magisterial District(s): Back Creek
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):
831 Shady Elm Road
h. Adjoining Properties: See attached
Parcel ID Number Use Zoning
Please attach additional page(s) if necessary.
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office of the Commissioner of the
Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601.
2
6. Disclosure of real parties in interest.
Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant
for a zoning amendment to make complete disclosure of the equitable ownership of the real
estate to be affected including, in the case of corporate ownership, the name of stockholders,
officers, and directors, and in any case the names and addresses of all real parties of interest.
Frederick County has, by County Code § 165-101.09, adopted such an ordinance.
For each business entity that is an owner or contract purchaser of the property, please list the
name and address of each person owning an interest in, or who is an officer or director
of, any entity that is an owner or contract purchaser of the property (you need not
indicate the amount or extent of the ownership interest). Please note that this requirement
does not apply to a corporation whose stock is traded on a national or local stock exchange
and having more than 500 shareholders.
See attached
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
0 Location Map
0 Plat Depicting Metes/Bounds of Proposed Zoning
0 Impact Analysis Statement
✓0 Proffer Statement (if any)
0 Agency Comments
0 Fee
0 Copies of Deed(s) to Property(ies)
�✓ Tax Payment Verification
✓� Digital copies (pdf's) of all submitted items
3
8. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property
for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors public hearing and maintained so as to be visible
from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
James J. Vecchiarelli, Authorized S' natory, MVP Management, LLC,
Mar • ger of n issan 65 LC
Owner: Date�-
If signing on behal of an entity, pleas state name of entity and your title:
Ja a J. Veccl arelli, Authorize Signatory, MVP Management, LLC
M ager of naissance 35 LC
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.
4
5h. Adjoining Properties
Parcel ID Number
Use
Zoning
75-A-1
Vacant
MI
74-3-2
Vacant
RA
74-3-3
Vacant
RA
74-A-67
Residential/Farm
RA
74-3-4
Residential
RA
74-3-5
Residential
RA
74-3-14
Residential
RA
74-6-12A
Residential Open Space
RA
74-6-12B
Residential Open Space
RA
74-A-64
Residential/Farm
RA
74-A-62
Vacant
RA
74-A-63
Residential
RA
74-A-61
Residential
RA
74-A-59
Residential
RA
74-A-57
Residential
RA
74-A-72
Residential
RA
74-A-70
Vacant
RA
74-A-71
Vacant
RA/133
75-A-2R
Vacant
B3
CSX Railroad Tracks
--
6. Disclosure of real parties in interest.
Renaissance 65 LC
Chesterfield Retail LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
LPF Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
WEP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
JMP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
SBP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Renaissance 35 LC
Chesterfield Retail Investors LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Peterson Family Trust (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
MVP Master Limited Partnership (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
0
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the Planning Commission and the
Board of Supervisors meetings. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property. The applicant is required to obtain the following information on each adjoining
property including the parcel identification number which may be obtained from the office of the
Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the
Frederick County Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Namc Shady Elm 55 LC and Shady Elm 45 LC
c/o The Peterson Companies
12500 Fair Lakes Circle, Suite 400
Attn: Bryan Lytton, Esquire
Fairfax, VA 22033
Property # 75-A-1
Name Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Winchester, VA 22602
Property # 74-3-2; 74-3-3; 74-A-67
NameJacob T. and Heather R. Rudolph
750 Shady Elm Road
Winchester, VA 22602
Property # 74-3-4
NameGregory R. and Johanna A. Brown
114 Hockman Court
Winchester, VA 22602
Property #74-3-5
Name Joseph and Katherine O'Donnell
113 Hockman Court
Winchester, VA 22602
Property # 74-3-14
Name Shady Elm Farms Homeowners Association
107 N. Kent Street
Winchester, VA 22601
Property #74-6-12A; 74-6-12B
Name Ronald L. Brown
970 Shady Elm Road
Winchester, VA 22602
Property # 74-A-64
Name Edward Lee Sampson
420 Reliance Road
Middletown, VA 22645
Property #74-A-62; 74-A-63
Name Robert D. Patton and Anita K. Rukavina-Patton
983 Shady Elm Road
Winchester, VA 22602
Property # 74-A-61 J
Name and Property Identification Number
Address
Name Robert J. and Donna L. Diaz
1006 Shady Elm Road
Winchester, VA 22602
Property #74-A-59
NameVernon E. and Lisa M. Heavner
1043 Shady Elm Road
Winchester, VA 22602
Property # 74-A-57
Name Elizabeth Ann Haymaker
316 Springdale Road
Winchester, VA 22602
Property # 74-A-72; 74-A-70
Name Stephen D. Brim, et als.
254 W. Queen Street
Strasburg, VA 22657
Property # 74-A-71
Name Renaissance Commercial Center Inc.
P.O. Box 480
Stephens City, VA 22655
Property #75-A-2R
Name
Property #
Name
Property #
Name
Property #
Name
Property 11
Name
Property 11
Name
Property #
Name
Property #
Name
Property #
Name
Property #
From:
Carter, Edwin <edwin.carter@vdot.virginia.gov>
Sent:
Friday, July 22, 2022 9:02 AM
To:
Thomas Moore Lawson, Esq.
Cc:
Matthew Smith; Lloyd Ingram
Subject:
Re: FW: Minor Proffer Amendment
Good morning Ty. Our Land Development group has reviewed and do not
have any concerns from VDOT with the proposed changes.
Ed
Edwin Z. Carter
Residency Administrator
Off ice-540 534-3204
Cell-804.396.0082
edwin.cartcr a vdot.virginia.qov
On Wed. Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawson 1 llsplc.com> wrote:
Ed,
This is a follow up to my correspondence of July 8°i regarding the minor proffer amendment for the Renaissance 65 LC
and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the
application.
Thanks, Ty
Thomas Moore Lawson, Esquire
1
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson(cDlsplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
From: Thomas Moore Lawson, Esq,
Sent: Friday, July 8, 2022 10:34 AM
To: 'Carter, Edwin'
Subject: Minor Proffer Amendment
Ed,
Please see the attached correspondence.
Thanks, Ty
Thomas Moore Lawson, Esquire
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
2
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson(a)lsplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia
Department of Transportation with their review. Attach three copies of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicants Name: Renaissance 65 LC and Renaissance 35 LC
Mailing Address:
c/o Thomas Moore Lawson, Esquire
P.O. sox 2740
Winchester, VA 22604
Location of property: 631 shady Elm Road
Telephone: (540) 666-0050
Current zoning: M1 Zoning requested: M1 Acreage: 107.21
Virginia Department of Transportation Comments:
See attached email from Lloyd Ingram w/ VDOT To Mr. Ty Lawson dated July 26, 2022.
VDOT Signature & Date:
as*w:2� / L9
tl
Notice to VDOT - Please Return Norm to Applicant
21
From: Rhonda Funkhouser <Rhonda.Funkliouser@vdot.virginia.gov>
Sent: Tuesday, July 26, 2022 4:21 PM
To: Thomas Moore Lawson, Esq.
Cc: Lloyd Ingram; jbishop@fcva.us
Subject: Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment
Attachments: Renaissance 65 LC & Renaissance 35 LC.pdf
� d"1SAa �iJ1\�r Vv ;uia�:.
DEPARTMENT OF TRANSPORTATION
Edinburg Land Use
14031 Old Valley Pike
Edinburg, VA 22824
Mr. Lawson:
A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment
proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers,
the request is acceptable to our office.
If you have any questions or need further information, please do not hesitate to contact me.
Regards,
Lloyd A. 111grnm, Transportation Engineer
Vilginia Department o%Trnnsl)ortntioJ1
Erlinbm g Resirienrit — Land DeVelopmemt
14031 Old ValleY Pile
Edinburg, Virginia 22824
Pliome #(540) 534-3214
Fox lt(540) 984-5607
From:
Rod Williams <rwillia@fcva.us>
Sent:
Friday, July 15, 2022 11:20 AM
To:
Thomas Moore Lawson, Esq.
Cc:
Wyatt Pearson; John Bishop; Tyler Klein
Subject:
Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for
Parcels 74-A-68 and 74-A-69
Dear Ty:
I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6
of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my
opinion that the proposed Amendment to 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.
Sincerely yours,
Rod
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
rwillia@.fcva.us
Rezoning Comments
RECEIVED JUL 08 2022
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
1800 Coverstonc Drive
Winchester, Virginia 22602
(540)665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
Public Safety Building
1800 Coverstone Drive
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal with his review. Attach a copy of your application form, location map, proffer
statement, impact analysis, and any other pertinent information,
Applicant's Narne: Renaissance 65 LC and Renaissance 35 LC
Mailing Address: c/o Thomas Moore Lawson, Esquire
P.O. Box 2740
Winchester, VA 22604
Location of property: 831 Shady Elm Road
Telephone: (540) 665-0050
M1 Zoning requested: M1 Acreage: 107.21
Current zoning: a �l
Fire Marshal's Comments:
SEE d7/ /f HleJ)
Fire Marshal's Signature & Date:
Notice to Fire Marshal - Please Return This Form to the Applicant
23
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
Phone:540-665-6350 Fax:540-678-4739
fmo@fcva.us
Plan Review
Rezoning
Owner
Renaissance 65 LC & Renaissance 35 LC
831 Shady Elm Rd
Winchester, Virginia 22603
Other:
Thomas Moore Lawson. P.C.
Received Date: 07/08/2022
Review Begin Date: 07/14/2022
Review End Date: 07/14/2022
Hours: 1.0000
Status: Approved
Printed Date: 07/14/2022
Occupancy Type:
Property Use:
Activlty Number: 1071049
Review Cause: Application
� ® Amendment
Project Name Minor Proffer
Comments:
No comments at this time.
*0 1�
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
,G oG Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
4
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Panaiceane-P- 3.ri LC
Name of Property Owner/Applicant
Please note if tk property owner/applicant is an entity. the name of the entity should appear above
If multiple persons own the property or are applicants, an executed power of attorney from each o%%ner will be needed
do The Peterson Companies, 12500 Fair Lakes Circle. Suite 400, Fairfax, VA 22033 (703) 631-7560
Telephone Number
Mailing Address of Property Owner/Applicant
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68;74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attomey-In-Fact
P.O. Box 2740, Winchester, VA 22604 (540) 665.0050
Mailing Address of Attorney -In -Fact Telephone Number
to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identifiproperty
Reezz oning Subdivision
8 Conditional Use Permit Site Plan
Master Development Plan (prelim. or final) [] Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
This appointment shall expire one year from the day that it is signed, or at such sooner time as I
otherwise rescind or modify it.
Signature
Title (if signi ehal f of an entity) ton M Petersnn ManaRer MVP Management LLC Manger of Renaissance 35 LC
State of �'% r a I n . , County/City of �-f o.'I r ci , To wit:
I,�c - t� l� ds� ( 1 (Z—k — (�� " a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
same before mein the jurisdiction aforesaid this 1 S r`-' day of , ��, 20 2.Z
/ My Commission Expires: 1 2 L 3
Notary Public egistration Number: � 8�
1GMrsk7N oft '� laud
Cw�nream of Vl sits
Mr CNesYsMs r4 31, 2023 - --
G OGy
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
w
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Renaissance 65 LC
Name of Property Owner/Applicant
Please note If the property owner/applicant is an entity, the name of the entity should appear above
If multiple persons own the property or are applicants, an executed power of attorney from each owner will be ecded
do The Peterson Companies, 12500 Fair Lakes Circle. Suite 400, Fairfax, VA 22033 (703) 831-7560
Mailing Address of Property Owner/Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68. 74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attomey-In-Fact
P.O. Box 2740, Winchester, VA 22604
(540)665.0050
Mailing Address of Attorney -In -Fact Telephone Number
to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identified property:
Rezoning Subdivision
Conditional Use Permit H Site Plan
B Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
This appointment shall expire one year from the day that it is signed, or at such sooner time as I
otherwise rescind or modify it.
Signature
Title (if si behalf of an entity) Jon M. Peterson Manager MVP Management LLC Manager of Renaissance 65 LC
State of rr` : �� , County/City of 1—MVc" ; r. � , To wit:
A, a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
' sa
me before me in the jurisdiction aforesaid this I S �' day of , 20 z--
V y Commission Expires:
"yyu c Registration Number: -1 ? 0 C
C 1 rl c1� rit h ouniv Vll'()111lit
I iom� Z7,
Pay/Lookup 'faxes
„it11L PinOpUrnx
,.rc I
Real Estate Ticket Detail
Previous
2022 REAL ESTATE
DepifFickel# RE2022 / 337850001 Frequency 1 Supplement# 0
Name RENAISSANCE 65 LCBRENAISSANC Nlap/1 74 A 68 Account# 8023410
Name 2 C/O THE PETERSON COMPANIES Bill Date 04/25/2022 Acreage
Address 12500 FAIR LAKES CIR Due Date 06/06/2022 Improvements
STE 400 ATTN:BRYAN LYTTON Desc 89.87 ACRES Land Value
FAIRFAX VA
Zip 22033 3804
Penalty Paid $o.00
Original Bill
$529.18
Date
6/6/2022
6/6/2022
Payments
($529.18)
Interest Paid $0.00
Current Pavinent Status
Principal Balance Due Penalty
$0.00 $0.00
'transaction history
'type 'I'ransaction/1
Charge 0
Principal Paid 9630
Previous
Land Use
Minerals
Last "transaction Date 06/06/2022
Interest
89.870
$71,100.00
$3,184,000.00
$102,400.00
$0.00
Balance Due
$0.00 $0.00
Amount Balance
$529.18 $529.18
($529.18) $0.00
1('k �_ mIllty V11"f)11�11�1
i-1!1,.Ilwn,
Pay/Lookup Taxes
Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Dcpt/Ticketll RE2022 / 337860001 I-rcquency 1
Supplcnlcnlll 0
Name RENAISSANCE 65 LC&RENAISSANC N,Iap/1 74 A 69
Accountll 8023411
Maine 2 C/O THE PETERSON COMPANIES Bill Dale 04/25/2022
Acreage 17.340
Address 12500 FAIR LAKES CIR Due Dalc 06/06/2022
Improvements $0.00
STE 400 ATTN:BRYAN LYTTON Desc 17.34 ACRES
Land Value $1,127,100.00
FAIRFAX VA
Land Use $5,600.00
Lip 22033 3804
Minerals $0.00
Penalty Paid $0.00 Interest Paid $0.00
Last "Transaction Date 06/07/2022
('omen( Payment Slalus
Original Bill Payments Principal Balance Due Penally
Interest Balance Due
$17.08 ($17.08) $0.00 $0.00
$0.00 $0.00
'I'ransaclion Ilislory
Date Type Transaction#
Amount 13.11:u1ce
6/6/2022 Charge 0
$17.08 $17.08
6/6/2022 Principal Paid 44687
($17.08) $0.00
Previous
210021342
DEED PREPARED BY: H. Edmunds Coleman, III
VSBit15449
Bryan & Coleman, PLC
118 S Braddock Street
Winchester, VA 22601
CONSIDERATION: $9,000,000.00
Assessed Value: $4,382,200.00
Grantor: Graystone Corporation, a West Virginia corporation
Grantors Address: 1057 Martinsburg Pike, Winchester, Virginia 22603
Grantee: Renaissance 65 LC, a Virginia limited liability company, and
Renaissance 35 LC, a Virginia limited liability company
Grantee's Address: 12500 Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033
Tax Map Nos.: 74-A-68 and 74-A-69
Record and Return to:
Commercial Title Group, Inc.
Attention: Barbara Blitz
1320 Old Chain Bridge Road, Suite 210
McLean, VA 22101
File No. 192004145
Yi�)e Intgxf , FideUy
SPECIAL WARRANTY DEED
1h
THIS SPECIAL WARRANTY DEED is made, executed and delivered this �� day of
December, 2021, between GRAYSTONE CORPORATION OF VIRGINIA, a West Virginia
corporation,
the designated name In Virginia of GRAYSTONE CORPORATION, A West Virginia
corporation registered and qualified to do business in Virginia under the name of Graystone
Corporation of Virginia ("Grantor"), whose address is 1057 Martinsburg Pike, Winchester,
Virginia 22603, and RENAISSANCE 65 LC, a Virginia limited liability company, as to a 64% co-
tenant interest, and RENAISSANCE 35 LC, a Virginia limited liability company, as to a 36% co-
tenant interest (collectively, "Grantee"), whose address is c/o The Peterson Companies, 12500
Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033, Attn: Bryan Lytton, Esq.
WHEREAS, Grantor acquired the property being conveyed herein to Grantors, by Deed
dated January 11, 2018 from Bank of Clarke County, Successor Trustee of the Henry J. Carbaugh
Trust Under Agreement dated December 18, 2006, recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, as Instrument No. 180000683 (the "Carbaugh Deed");
z,
L�
CD
Q0
V.
c�
WHEREAS, said Carbaugh Deed erroneously referred to the Grantor as Graystone o
Corporation of Virginia, a Virginia corporation; and C:
WHEREAS, Grantor hereby corrects and confirms that Graystone Corporation of Virginia
is the name in Virginia of Graystone Corporation, a West Virginia corporation registered and
qualified to do business in Virginia under the name of Graystone Corporation of Virginia.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other
good and valuable consideration, to it In 'hand paid by Grantee, the receipt and sufficiency
whereof are hereby acknowledged, hereby grants, sells and conveys with special warranty to
Grantee, its successors and assigns forever, the following described land, situate, lying and being
In the County of Frederick, Commonwealth of Virginia, to wit (the "Land"):
See Exhibit "A" attached hereto and by this
reference made a part hereof.
together with all Improvements, rights, alleys, ways, easements, privileges, tenements,
hereditaments and appurtenances of Grantor belonging or In any wise appertaining to the Land
(collectively, the "Property"), subject to all matters of record.
To have and to hold the Property in fee simple forever.
And Grantor, for itself and its successors and assigns, does hereby warrant the title to said
Property, will defend the same against the lawful claims of all persons claiming by, through, or
under Grantor, but not otherwise, and will execute such further assurances thereof as may be
requisite.
[signature page follows]
-o
CD
IN WITNESS WHEREOF, the sald'grantor has caused this instrument to be executed in its
name by its duly authorized representative the day and year first above written.
GRANTOR:
GRAYSTONE CORPORATION OF VIRGINIA, a West
Virginia corporation
Q (SEAL)
John P. oo , ! reasurer
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to -wit:
On this 2�L day of December, 2021, before me the undersigned officer, personally
appeared John P. Good, Jr., in his capacity as Treasurer of GRAYSTONE CORPORATION OF
VIRGINIA, a West Virginia corporation, personally known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument and acknowledged that he/she has
executed the same for the purpose therein contained.
In witness whereof, I have hereunto y hand and official seal.
o ary u is
My Commission Expires��
Notary Registration No.: Q—Gryoca
DENISE L. THOMAS
NOTARY PUBLIC
Commonwealth of Virginia
Rogislratlon No. 139066
My commission Expires August 31. 2023
EXHIBIT "A"
r.�
LEGAL DESCRIPTION
All that certain lot, piece or parcel of land, lying and being situate In Frederick County, Virginia,
more particularly described as follows:
PARCEL ONE: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 89.8719 acres, more or less, and more particularly designated as "Tax Map
74-A-68 89.8719 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
PARCEL TWO: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 17,3391 acres, more or less, and more particularly designated as "Tax Map
74-A-69 17.3391 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
AND BEING the same property conveyed to Graystone Corporation of Virginia, a Virginia
corporation from Bank of Clarke County, Successor Trustee of Tile Henry. Carbaugh Trust Under
Agreement Dated December 18, 2006 by Deed dated January 11, 2018 and recorded on January
23, 2018 as Instrument No. 180000683 among the land records of Frederick County, Virginia.
K\Graystana Corporation of VA (Sale to (teal Estate Pursuits LC)\Speclal Warranty Deed (fin al)12-8-21.doat
VIRGINIA'. FREpr*RICKC0 'd to . on
'I-ws instrument of writing wZ6 P ^ I
a- as -a at /6J1
0 annexed
ietet
and with certificate of acknowledgementS" 58.1 802 of
Was admitteddto rCeOrd. T� imposed by
4 5 . and 58.1.801 have been paid, If a5st:5snhic
clerk
e
REZONING APPLICATION #07-22
RENAISSANCE 65 LC & RENAISSANCE 3.5 LC
Staff Report for the Board of Supervisors
Prepared: September 22, 2022
StaffC'ontacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/21/2022 Recommended Approval
Board of Supervisors: 09/28/2022 Pending
EXECUTIVE SUNINIARY & STAFF CONCLUSION FOR THE 09/28/22 BOARD OF
SUPER`71SOIZS NIEETING:
This is a proposed rezoning to amend the proffer statement approved with RLZ #04-17 (Carbaugh
Business Center). The proposed amendment seeks to remove the restriction on the number of entrances
allowed from future Renaissance Drive. No other provisions in the previously approved proffer statement,
including approved land uses, are proposed to be amended. The 107.21-acres subject propei-ty is zoned M I
(Light Industrial) District and located in the Back Creek District.
Following the required public meetin,- a decision regarding this rezoning application bV the Board o
Supervisors would he appropriate The Applicant should he prepared to adeguatelt, address all
concerns raised by the Board o 'Supervisors.
Rezoning fl07-22 — Renaissance 65 LC & Renaissance 35 LC
September 22, 2022
Pa,,e 2
This report is prepared by the Frederick Count), Plnnning Staff to provide information to the
PIllnninLl Commission and the Board of Supervisors to assist them in (nuking, a decision on this
llpphcation It maj, also be useful to Others interested in this zoning, matter. Unresolved issue's
concerning this upphcl(tion pre noted hj, stliff where relewint throughout this styff report.
PROPOSAL: This is a proposed rezoning to amend the proffer statement approved with RLZ #04-17
(Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number
of entrances allowed from future Renaissance Drive.
LOCATION: The subject properties are located south ol'Shady Elm Road (Route 651) and north of
the railroad.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 74-A-68 and 74-A-69
PROPERTY 'ZONING: M I (Light Industrial) District
PRESENT USE: Vacant/Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential (Single -Family Detached, SFD)
South: RA (Rural Areas) Use: Vacant/Agricultural
Last: M I (Light Industrial) Use: Vacant/Unimproved
West: RA (Rural Areas) Use: Residential (SFD)
Rezoning #07-22 — Renaissance 65 LC & Renaissance 35 LC
September 22, 2022
Page 3
REVIEW EVALUATIONS:
Planning & Zonim":
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the
subject properties as being zoned A-2 (Agricultural General) District. The County's
agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District
upon adoption of all amendment to the Frederick County Zoning Ordinance on May 10, 1999.
On December 13, 2017, the Board of Supervisors approved rezoning application (REZ) #04-17
(Carbaugh Business Center) which rezoned two (2) parcels totaling 107.21-acres from the RA
(Rural Areas) District to the M I (Light industrial) District with prollcrs.
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
colllpollents ofcommunity 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 Plc117 Lcrncl Use Compalibilily
The subject properties are located within the limits of the Se\vcr and Water Service Area
(SWSA) and are within the limits of the Kernsloum Area Plan of the 2040 Comprehensive Plan.
The Kernslown Area Plan identifies these properties with an industrial land use designation as
outlined in the "Shady Elm Economic Development Area." The "Shady Elm Economic
Development Area" is designed to be a signi icwa urea o/' industrial and commercial
opportunity lhal is fllllY supportive of the Colmly Economic Development Alllhorlly 'S largeled
goals and slralegies. The intent ol'the industrial designation is to further enhance the County's
commercial and industrial areas and to provide focus to the County's future regional
employment centers.
The existing zoning ofthe property, M I (Light Industrial) District, is consislenl with the Plan.
The proposed rezoning (proffer amendment) while altering restrictions to site access, does not
change the zoning district or approved land uses and as such remains in confclrmance with the
Comprehensive Plan.
3) Access & Transportation
Rezoning 907-22 — Renaissance 65 LC & Renaissance 35 LC
September 22, 2022
Pace 4
As stipulated in the proffer statement approved with REZ 1104-17, two (2) commercial entrances are
permitted from future Renaissance Drive (a Future collector road). The proposed rezoning (proffer
amen(Iment) removes the restriction on the number ol'entrances allowed from future Renaissance
Drive. The proffer amendment would allow the property owner to apply to and receive VDOT
approval for any number of entrances as required For Industrial development of the subject
properties. Additional entrances could be necessary to ensure appropriate circulation within the
development and/or to separate tractor truck U-ips from passenger vehicles For employees. Entrance
permitting would occur at time of site plan 1'cvlc\v and approval.
The proffer amendment will not impact the Frederick C'ounty's revenue share project (design,
construction or anticipated completion) for future Renaissance Drive.
County of' Frederick Attorney:
Please see allc/ched comments fi•oln Roderick B. GVillicrms, C'oulrhY AtlnrneV dwed Jrrh, 15, 2022.
Virginia Department of Transportation
Please see attaches/ comments from VDOT dcr/eel Jtrly 26, 2022.
Frederick County Fire and Rescue
Please see ll/tUc'he(I COnl/ne11IS,%'Onl die Of.f ce of the Fire Allarshal, dwell .luly 14, 2022.
PLANNING COMMISSION SUIVINIARY AND ACTION FRONI THE 09/21/22 IVICCTING:
The Planning Commission received a Presentation on September 21, 2022 and oflered no comments.
The rezoning application was sent forward to the Board of Supervisors with a recommendation of
approval (1 1-0-2; Commissioners Kozel & Molden absent).
Followinu the respired public meetinu a decision regarding this rezoning, application by the Board o
Supervisors would be appropriate The Applicant should he prepared to udesivateh address all
concerns raised by the Board o 'Supervisorc.
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LC
PINs: 74 - A - 68, 74 - A - 69
Minor Proffer Amendment
Zoning Map
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Frederick County Planning 3 Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
1,300 Feet Mon Created: August 26.2022
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107 N Kent St
Winchester. VA 22601
540 - 665 - 5651
1.300 Feet Memo Created: Auoust 26. 2022
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LC
PINs: 74 - A - 68, 74 - A - 69
Minor Proffer Amendment
Long Range Land Use Map
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107 N Kent St
Winchester. VA 22601
540 - 665 - 5651
1.300 Feet Man Created* August 26. 2022
FIRST AMENDMENT TO PROFFER STATEMENT
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE OF
PROFFERS:
74-A-68 and 74-A-69
Renaissance 65 LC and Renaissance 35 LC (collectively
"Owner")
Renaissance 65 LC and Renaissance 35 LC
Carbaugh Business Center
October 6, 2017 (Rezoning 004-17)
The undersigned Owner hereby submits its First Amendment to Proffer Statement, which
First Amendment states that the following conditions, to the extent amended, shall supersede the
indicated provisions of the Proffer Statement on the Properties that have been made prior hereto.
In the event that the above -referenced First Amendment to Proffer Statement is not granted as
applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn
and shall be null and void.
The following sections of the Proffer Statement dated October 6, 2017 are amended as
follows:
Revision to Site Improvements Proffer 5
The language of the first paragraph of Site Improvements Proffer 5 is replaced in its
entirety with the following:
5. The Owner agrees to construct commercial entrances approved by the Virginia
Department of Transportation for the Property along Renaissance Drive.
Revision to Site Improvements Proffer 6
The language of Site Improvements Proffer 6 is deleted in its entirety.
Respectfully submitted,
RENAISSANCE 65 LC
Jame ' .Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 65 LC
COMMONWEALTH15TIk E OF U , r 5 • , AT LARGE
_,GI/COUNTY OF to -wit:
The foregoing instrument was acknowledge before me this3n day of 1Z I�7 , 2022 by
5 �rof RENAISSANCE 65 LC. l» u G S t �t 4
V`'\ v ('
EKearsleysalind Robin Rand
RY PUBLICTION #7806864
ALTH OF VIRGINIANOTARY PUBLIC
N EXPIRES July 31.2023
My commission expires: 2 z
Registration number: -� go 6
RENAISSANCE 35 LC
B . Jame . Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 35 LC
COMMONWEALTH/ZS,- " OF , AT LARGE
_C I'/COUNTY OF F «—f k; w , to -wit:
The foregoing instrument was acknowledge before me this day of 1-1 , 2022 by
of RENAISSANCE 35 LC.
Kearsley Rosalind Robin Rand
REG SOTRATION # 7806864
COMMONWEALTH OF VIRGINIA
My COMMISSION EXPIRES July 31, 2023
My commission expires: 113 I / 2 ' 3
Registration number:--),?,,, b Y 6 y
NOTARY PUBLIC
c�
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REZONING REQUEST PROFFER o
0
Property Identification dumber —
74 - ((A)) - 68 and 74 - ((A)) - 69
Back Creek Magisterial District
Carbaugh Business Center
Record Owner: The Henry J. Carbaugh Trust
Applicant: Timothy Stowe
Original Date of Proffers: 10/6/17
Revisions Date of Proffers: 10/19/17
Preliminary Matters
Pursuant to Section 15.2-2296 et.seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned owner hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application ti 04- 17 for the rezoning of Tax
Map Parcel 74-A-68, a 89.8719-acre parcel, and Tax Map Parcel 74-A-69, a 17.3391-acre parcel,
to establish 107.21 +/- acres of Light Industrial (M-1) Zoning District, development of the 107.21
+/- acre Light Industrial (M-1) Zoning District, hereinafter referred to as 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 Virginia Law. In the
event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever. These proffers shall be binding upon the owner and their legal
successors or assigns.
Site Improvements
The owner agrees to participate in the cost of transportation improvements in the
nearby area. The owner will contribute to Frederick County, Virginia, a maximum of
one million and eighty thousand dollars ($1,080,000.00). Such payment shall be
made either within 30 calendar days after the start of construction on the extension
of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance
Proffer Statement Page 1 of 4
c�
of the certificate of occupancy permit for the first building structure developed on o
the Property, whichever event occurs first. Such funds can be used by the Board of o
Supervisors in its discretion for transportation improvements related to the sv
extension of Renaissance Drive, an East-West Cnllector Road, to Shady Elm Road and
can be used as local match funding for County Revenue Sharing Program projects
related to the aforementioned extension.
2. The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road to
Frederick County as depicted on the Generalized Development Plan (GDP), which is
attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which is
to be used for the construction of a pedestrian trail adjacent to the Property. This
dedication is to be made within 90 (ninety) days after the date of the approved
Rezoning Application.
The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast
boundary to Fredrick County for the extension of the East-West Collector Road
(Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is
depicted on the GDP. This dedication is to be made within 90 (ninety) days of a
written request by Frederick County.
The owner agrees to grant to Frederick County an 80' (80 feet) grading/slope
easement for the construction and maintenance of a bridge over the CSX rail line that
will be part of the extension of the East-West Collector Road (Renaissance Drive) from
Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the easement will
be determined during the design phase of the extension of the East-West Collector
Road. The length shall not exceed the distance from the CSX rail line to the start of the
bridge ramp. This grant is to be made within 90 (ninety) days of a written request by
Frederick County.
The owner agrees to 'mffl, the nurn ber of construct commercial entrances approved
by the Virginia Department of Transportation for the Property tee-Fez,-�v
ex-te„-3T� along Renaissance Drive and-inter-sect+ng-with} S-ha4y-E4n -Read.
a. In the event the property is developed prior to the completion of Renaissance
Drive collector road extension, the owner may build a portion of Renaissance
Drive collector road extension from Shady Elm Road to the first entrance to the
site to enable use of the site. The portion of the collector road to be built in
this event will meet with both VDOT and Frederick County approval.
b. In the event that Frederick County request that the owner not build a portion
of the Renaissance Drive collector road extension, the owner may build a
temporary entrance onto Shady Elm Road for commercial use. The temporary
entrance on Shady Elm Road will be permanently closed
Proffer Statement
Page 2 of 4
'~C
CD
immediately after the Renaissance Drive collector road extension is available C.)
for use by the owner.
6-
provide
-.�rncc +n tho tN6. e-ltV.-aC-C-e.55-3(3FH_trO.r�_R.E1nci.{..ciSa.pEe`-B-�We-r
Building Restrictions
The development of the subject Property shall include the following building restrictions:
1. All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner
Will utilize a Class C — Full Screen (As defined by Frederick County at the date of this
rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts
west of Shady Elm Road.
2. Individual business signs will be prohibited along Shady Elm Road.
3. The owner will perform an intensive level survey on the historic structure located
on -site (Henry Carbaugh House - ##34-1040) prior to its demolition.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
1. The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the
Renaissance Drive collector road extension. The trees are to be planted within 120
(one hundred and twenty) days of written request by Frederick County.
Monetary Contributions to Offset Impact of Development
The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 107.21 +/- acre property to the Light Industrial
(M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the
Proffer Statement Page 3 of 4
O
O
.17—
Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1)
Zoning District portion of the parcel, the sum of thirty thousand dollars ($30,000.00), for use by
the Board in its discretion for fire and rescue purposes.
Additionally, the owner shall contribute five thousand dollars ($5,000.00) to the Kernstown
Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first
structure constructed on the property.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen (18) months of the approval of this rezoning, as applied for by the
owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in this Proffer Statement which are paid to the County after eighteen (18) months
following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U
from that date eighteen (18) months after the approval of this rezoning to the most recently
available CPI-U to the date the contributions are paid, subject to a cap of 4 percent (4%) per
year, non -compounded.
Respectfully Submitted,
The Henry J. Carbaugh Trust
OWNER: ���� y J, G����t�u� �� JluS� �tv�cf�• �+.✓�c'..�C.�,f�,c��
Ct "�%e Xc;,�n,V-y 5`t«C-.ss-'�
By: r/i ' j ✓' v s ��
Date: IV C,V r "14 r-i" `� Z"
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
The foregoing instrument was acknowledged before me this )N J day of
•,�_2017,by_
,oti' t ' `+.",��`%, 1 .fit; L�• � <
;0ixii��i11-jon expires L
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REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Renaissance 65 LC and Renaissance 35 LC
Specific Contact Person if Other than Above;
Address
c/o The Peterson Companies
12500 Fair Lakes Circle,Suite 400, Fairfax, VA 22033
Telephone:
703-631-7560
Email: koosterbeek@petersoncos.com
Name: Katie Oosterbeek, PE, Assistant Vice President, Development
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Thomas Moore Lawson, P.C.
Specific Contact Person at Firm:
Thomas Moore Lawson, Esquire
Address: P.O. Box 2740, Winchester, VA 22604
Telephone:
(540) 665-0050
Email: tlawson@lspic.com
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
4. Project Name (if any):
S. Property Information:
a. Property Identification Number(s): 74-A-68; 74-A-69
b. Total acreage of the parcel(s): 107.21
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
107.21
d. Current zoning designation(s) and acreage(s) in each designation:
M 1 (107.21 acres)
e. Proposed zoning designation(s) and acreage(s) in each designation:
M1 (107.21 acres)
f. Magisterial District(s): Back Creek
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):
831 Shady Elm Road
h. Adjoining Properties: See attached
Parcel ID Number Use
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.
2
6. Disclosure of real parties in interest.
Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant
for a zoning amendment to make complete disclosure of the equitable ownership of the real
estate to be affected including, in the case of corporate ownership, the name of stockholders,
officers, and directors, and in any case the names and addresses of all real parties of interest.
Frederick County has, by County Code § 165-101.09, adopted such an ordinance.
For each business entity that is an owner or contract purchaser of the property, please list the
name and address of each person owning an interest in, or who is an officer or director
of, any entity that is an owner or contract purchaser of the property (you need not
indicate the amount or extent of the ownership interest). Please note that this requirement
does not apply to a corporation whose stock is traded on a national or local stock exchange
and having more than 500 shareholders.
See attached
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
0
Location Map
✓Q
Plat Depicting Metes/Bounds of Proposed Zoning
❑✓
Impact Analysis Statement
✓[j'
Proffer Statement (if any)
0
Agency Comments
I
Fee
❑✓
Copies of Deed(s) to Property(ies)
Z✓
Tax Payment Verification
✓0
Digital copies (pdf's) of all submitted items
3
8. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property
for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors public hearing and maintained so as to be visible
from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
James J. Vecchiarelli, Authorized S' natory, MVP Management, LLC,
Mar ger of n issan 65 LC
Owner: Date '1 Z
If signing on behalf of an entity, pleasKstate name of entity and your title:
Owner:
P Management, LLC
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.
4
5h. Adjoining Properties
Parcel ID Number
Use
Zoning
75-A-1
Vacant
M 1
74-3-2
Vacant
RA
74-3-3
Vacant
RA
74-A-67
Residential/Farm
RA
74-3-4
Residential
RA
74-3-5
Residential
RA
74-3-14
Residential
RA
74-6-12A
Residential Open Space
RA
74-6-12B
Residential Open Space
RA
74-A-64
Residential/Farm
RA
74-A-62
Vacant
RA
74-A-63
Residential
RA
74-A-61
Residential
RA
74-A-59
Residential
RA
74-A-57
Residential
RA
74-A-72
Residential
RA
74-A-70
Vacant
RA
74-A-71
Vacant
RA/133
75-A-211
Vacant
B3
CSX Railroad Tracks
--
6. Disclosure of real parties in interest.
Renaissance 65 LC
Chesterfield Retail LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
LPF Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
WEP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
JMP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
SBP Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Renaissance 35 LC
Chesterfield Retail Investors LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Peterson Family Trust (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
MVP Master Limited Partnership (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
rel
ADJOINING PROPERTY OWNERS...]
Owners of property adjoining the land will be notified of the Planning Commission and the
Board of Supervisors meetings. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property. The applicant is required to obtain the following information on each adjoining
property including the parcel identification number which may be obtained from the office of the
Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the
Frederick County Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Shady Elm 55 LC and Shady Elm 45 LC
Property #75-A-1
c/o The Peterson Companies
12500 Fair Lakes Circle, Suite 400
Attn: Bryan Lytton, Esquire
Fairfax VA 22033
Name Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Property # 74-3-2; 74-3-3; 74-A-67
Winchester, VA 22602
NameJacob T. and Heather R. Rudolph
750 Shady Elm Road
Property # 74-3-4
Winchester, VA 22602
NameGregory R. and Johanna A. Brown
114 Hockman Court
Property #74-3-5
Winchester, VA 22602
NameJoseph and Katherine O'Donnell
113 Hockman Court
Property # 74-3-14
Winchester, VA 22602
Name Shady Elm Farms Homeowners Association
107 N. Kent Street
Property #74-6-12A; 74-6-12B
Winchester, VA 22601
Name Ronald L. Brown
970 Shady Elm Road
Winchester, VA 22602
Property # 74-A-64
Name Edward Lee Sampson
420 Reliance Road
Property #74-A-62; 74-A-63
Middletown, VA 22645
Name Robert D. Patton and Anita K. Rukavina-Patton
983 Shady Elm Road
Winchester, VA 22602
Property 474-A-61
7
Name and Property Identification Number
Address
Name Robert J. and Donna L. Diaz
1006 Shady Elm Road
Winchester, VA 22602
Property #74-A-59
NameVernon E. and Lisa M. Heavner
1043 Shady Elm Road
Winchester, VA 22602
Property # 74-A-57
Name Elizabeth Ann Haymaker
316 Springdale Road
Winchester, VA 22602
Property # 74-A-72; 74-A-70
Name Stephen D. Brim, et als.
254 W. Queen Street
Strasburg, VA 22657
Property #74-A-71
Name Renaissance Commercial Center Inc.
P.O. Box 480
Stephens City, VA 22655
Property #75-A-2R
Name
Property It
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property 11
From:
Carter, Edwin <edwin.carter@vdot.virginia.gov>
Sent:
Friday, July 22, 2022 9:02 AM
To:
Thornas Moore Lawson, Esq.
Cc:
Matthew Smith; Lloyd Ingram
Subject:
Re: FW: Minor Proffer Amendment
Good morning Ty. Our Land Development group has reviewed and do not
have any concerns from VDOT With the proposed Changes.
Ed
Edwin Z. Carter
Residency Administrator
Office-540 534-3204
Cell-804.396.0082
edwin.cart cr(dvdoI.virginia.siov
On Wed, Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawson((bIs p11 c.con > wrote:
Ed,
This is a follow up to my correspondence of July 8"' regarding the minor proffer amendment for the Renaissance 65 LC
and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the
application.
Thanks, Ty
Thomas Moore Lawson, Esquire
1
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson(cDlsplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
From: Thomas Moore Lawson, Esq.
Sent: Friday, July 8, 2022 10:34 AM
To: 'Carter, Edwin'
Subject: Minor Proffer Amendment
Ed,
Please see the attached correspondence.
Thanks, Ty
Thomas Moore Lawson, Esquire
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson()lsplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
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Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
)Eland deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia
Department of Transportation with their review. Attach three copies of your application form,
location map, proffer statement, impact analysis, and any other pertinent -information.
Applicant's Name: Renaissance 65 LC and Renaissance 35 LC
Mailing Address:
c/o Thomas Moore Lawson, Esquire
P.O. Box 2740
Winchester, VA 22604
Location of property: 831 Shady Elm Road
Telephone: (540) 665-0050
Current zoning: M1 Zoning requested: M1 Acreage: 107.21
Virginia Department of Transportation Comments:
See attached email from Lloyd Ingram w/ VDOT To Mr. Ty Lawson dated July 26, 2022.
VDOT Signature & Date:
Notice to VDOT - Please Return Form to Applicant
21
From: Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov>
Sent: Tuesday, July 26, 2022 4:21 PM
To: Thomas Moore Lawson, Esq.
Cc: Lloyd Ingram; jbishop@fcva.us
Subject: Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment
Attachments: Renaissance 65 LC & Renaissance 35 LC.pdf
DEPARTMENT OF TRANSPORTATION
Edinburg Land Use
14031 Old Valley Pike
Edinburg, VA 22824
Mr. Lawson:
A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment
proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers,
the request is acceptable to our office.
If you have any questions or need further information, please do not hesitate to contact me.
Regards,
Lloild A. Ingram, Transportation Engineer
Virginia Department of Transportation
Edinbui-g Residency — Land Development
14031 Old Valley Pike
Edinbm-g, Virginia 22824
Phone #(540) 534-3214
Fax #(540) 9S4-5607
From:
Rod Williams <rwillia@fcva.us>
Sent:
Friday, July 15, 2022 11:20 AM
To:
Thomas Moore Lawson, Esq.
Cc:
Wyatt Pearson; John Bishop; Tyler Klein
Subject:
Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for
Parcels 74-A-68 and 74-A-69
Dear Ty:
I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6
of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my
opinion that the proposed Amendment to 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.
Sincerely yours,
Rod
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
rwillia(c�fcva.us
Rezoning Comments
RECEIVED JUL 08 2022
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
1800 Coverstone Drive
Winchester, Virginia 22602
(540) 665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
Public Safety Building
1800 Coverstone Drive
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal with his review. Attach a copy of your application form, location map, proffer
statement, impact analysis, and any other pertinent information. i
Applicant's Name: Renaissance 65 LC and Renaissance 35 LC
Mailing Address: c/o Thomas Moore Lawson, Esquire
P.O. Box 2740
Winchester, VA 22604
Location of property: 831 shady Elm Road
Current zoning: M1
Telephone: (540) 665-0050
Zoning requested: M1 Acreage: 107.21
Fire Marshal's Comments:
SEE 4-/7; -c H e
Fire Marshal's Signature & Date:
Notice to Fire Marshal - Please Return This Form to the Applicant
23
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
Phone:540-665-6350 Fax:540-678-4739
fmo@fcva.us
Plan Review
Rezoning
Owner
Renaissance 65 LC & Renaissance 35 LC
831 Shady Elm Rd
Winchester , Virginia 22603
Other:
Thomas Moore Lawson. P.C.
Received Date: 07/08/2022
Review Begin Date: 07/14/2022
Review End Date: 07/14/2022
Hours: 1.0000
Project Name
Comments:
No comments at this time.
*0 0
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Status: Approved
Occupancy Type:
Property Use:
Activity Number:
Review Cause:
Minor Proffer Amendment
Printed Date: 07/14/2022
1071049
Application
Page 1 of 1
,� oG Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Renaissance 35 LC
Name of Property OwmerlApplicant
Please note If the property owncrlapplicant is an entity, the name of the entity should appear above
If multiple persons own the property or arc applicants, an executed power of attorney from each owner will be needed
do The Paterson Companies, 12500 Fair Lakes Circle, Suite 400, Fairfax, VA 22033 (703) 631-7%0
Telephone Number
Mailing Address of Property Owner/Applicant
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68:74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attorney -In -Fact
P.O. Box 2740, Winchester, VA 22604
(540) 665-0050
Mailing Address of Attorney -In -Fact Telephone Number
to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identifi property: Rezoning Subdivision
H
Conditional Use Permit Site Plan
Master Development Plan (prelim. or final) rj Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority to o`j9`er 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 (if signi ehalf of an entity) ton M Peterson Manager MVP Management, I 1 Manger of Renaissance 35 LC
State of ► n . % , County/City of a r To wit:
( "-lea Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the foregoing instrument personally appeared before me and has acknowledged the
same before me in the jurisdiction aforesaid this IS t",- day of
My Commission Expires: 2 t 2' 2 3
Notary Public a*d
istration Number: -1 8 e,
f ttife7Nola r
Con of VtMJ-- -
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva-us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Renaissance 65 LC
Name of Property Owner/Applicant
Picase note If the property owner/applicant is an entity, the name of the entity should appear above
If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed
Go The Peterson Companies, 12500 Fair Lakes Circle, Suite 400, Fairfax, VA 22033 (703) 631-7560
Mailing Address of Property Owner/Applicant
Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcels) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68a74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attorney -In -Fact
P.O. Box 2740, Winchester, VA 22604
(540)665-0050
Mailing Address of Attorney -In -Fact -Telephone Number
to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identified property:
Rezoning Subdivision
B Conditional Use Permit Site Plan
Master Development Plan (prelim. or final) F— Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority tooffer 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 (if si bel7alf of an entity) Ion M. Peterson Manager MVP Management LLC Manager of Renaissance 65 LC
State of r County/City of e-c, ; r ` �4 , To wit:
1, I a Notary Public in and for the jurisdiction aforesaid, certify that
the person whosigned the foregoing instrument personally appeared before me and has acknowledged the
/ same before me in the jurisdiction aforesaid this 1.S t' day of / J � . 20. _7
y y Commission Expires:
��/ttt��� otary u lie Kegistration Number: -19 0 C 4
ll I"]-CC1t'I-iCk COL1111��
Pay/Lookup faxes
1'.:; i',a4'VwLrUon Olhc'i oIl p:r(l�,uUl1) I'in C)I�tions
Del)(/Tickct# RE2022 / 337850001
Name RENAISSANCE 65 LC&RENAISSANC
Name 2 C/O THE PETERSON COMPANIES
Address 12500 FAIR LAKES CIR
STE 400 ATTN:BRYAN LYTTON
FAIRFAX VA
Zip 22033 3804
Penalty Paid $0.00
Original Bill Payments
$529.18 ($529.18)
Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Frequency 1
Map# 74 A 68
Bill Date 04/25/2022
Due Date 06/06/2022
Desc 89.87 ACRES
Interest Paid $0.00
Current Payment Status
Principal Balance Due Penalty
$0.00
"Transaction llislory
Date 'ly!pe Transaction#
6/6/2022 Charge 0
6/6/2022 Principal Paid 9630
Previous
supplernent# 0
Account# 8023410
Acreage
89.87
Improvements
$71,100.0
Land Value
$3,184,000.0
Land Use
$102,400.0
Minerals
$0.0
Last Transaction Date 06/06/2022
Interest Balance Due
$0.00 $0.00 $0.0
Amount Balance
$529.18 $529.18
($529.18) $0.00
I irJrrn'.. Il,nnr
Dept/Tickct# RE2022 / 337860001
Name RENAISSANCE 65 LC&RENAISSANC
Name 2 C/O THE PETERSON COMPANIES
Address 12500 FAIR LAKES CIR
STE 400 ATTN:BRYAN LYTTON
FAIRFAX VA
Zip 22033 3804
Penalty Paid
Original Bill
$17.08
I'rcdcrick County V11'g1.111('1
I'ay/Lookup "faxes
I f:: P.;' im A;uo1.111un O1h, I W" `dwji pwq( -:WO) Pin Options
Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Frequency 1
Map# 74 A 69
Bill Date 04/25/2022
Due Date 06/06/2022
Desc 17.34 ACRES
Interest Paid $0.00
Current Payment status
Principal Balance Due Penalty
$0.00
"Transaction Ilistory
Date "1\,pe Transaction#
6/6/2022 Charge 0
6/6/2022 Principal Paid 44687
Previous
$0.00
Payments
($17.08)
Supplement# 0
Account# 8023411
Acreage
Improvements
Land Value
Land Use
Minerals
Last Transaction Date 06/07/2022
17.34
$0.0
$1,127,100.0
$5,600.0
$0.0
Interest Balance Due
$0.00 $0.00 $0.0
Amount Balance
S17.08 $17.08
($17.08) $0.00
210021342
DEED PREPARED BY: H. Edmunds Coleman, III G,
VSB#15449 LO
Bryan & Coleman, PLC
118 S Braddock Street
Winchester, VA 22601
CONSIDERATION: $9,000,000.00
Assessed Value: $4,382,200.00
Grantor: Graystone Corporation, a West Virginia corporation
Grantor's Address: 1057 Martinsburg Pike, Winchester, Virginia 22603
Grantee: Renaissance 65 LC, a Virginia limited liability company, and
Renaissance 35 LC, a Virginia limited liability company
Grantee's Address: 12500 Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033
Tax Map Nos.: 74-A-68 and 74-A-69
Record and Return to:
Commercial Title Group, Inc.
Attention: Barbara Blitz
1320 Old Chain Bridge Road, Suite 210
McLean, VA 22101
File No. 192004145
Title lnSHKf : FileIi}1
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made, executed and delivered this !o On
day of
December, 2021, between GRAYSTONE CORPORATION OF VIRGINIA, a West Virginia
corporation,
the designated name in Virginia of GRAYSTONE CORPORATION, A West Virginia
corporation registered and qualified to do business in Virginia under the name of Graystone
Corporation of Virginia ("Grantor'), whose address is 1057 Martinsburg Pike, Winchester,
Virginia 22603, and RENAISSANCE 65 LC, a Virginia limited liability company, as to a 64% co-
tenant interest, and RENAISSANCE 35 LC, a Virginia limited liability company, as to a 36% co-
tenant interest (collectively, "Grantee"), whose address is c/o The Peterson Companies, 12500
Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033, Attn: Bryan Lytton, Esq.
WHEREAS, Grantor acquired the property being conveyed herein to Grantors, by Deed
dated January 11, 2018 from Bank of Clarke County, Successor Trustee of the Henry J. Carbaugh
Trust Under Agreement dated December 18, 2006, recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, as Instrument No. 180000683 (the "Carbaugh Deed");
WHEREAS, said Carbaugh Deed erroneously referred to the Grantor as Graystone o
Corporation of Virginia, a Virginia corporation; and C')
WHEREAS, Grantor hereby corrects and confirms that Graystone Corporation of Virginia
is the name in Virginia of Graystone Corporation, a West Virginia corporation registered and
qualified to do business in Virginia under the name of Graystone Corporation of Virginia.
W ITN ESSETH:
That Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other
good and valuable consideration, to it In hand paid by Grantee, the receipt and sufficiency
whereof are hereby acknowledged, hereby grants, sells and conveys with special warranty to
Grantee, its successors and assigns forever, the following described land, situate, lying and being
in the County of Frederick, Commonwealth of Virginia, to wit (the "Land"):
See Exhibit "A" attached hereto and by this
reference made a part hereof.
together with all improvements, rights, alleys, ways, easements, privileges, tenements,
hereditaments and appurtenances of Grantor belonging or in any wise appertaining to the Land
(collectively, the "Property"), subject to all matters of record.
To have and to hold the Property in fee simple forever.
And Grantor, for itself and its successors and assigns, does hereby warrant the title to said
Property, will defend the same against the lawful claims of all persons claiming by, through, or
under Grantor, but not otherwise, and will execute such further assurances thereof as may be
requisite.
[signature page follows)
CD
IN WITNESS WHEREOF, the said grantor has caused this instrument to be executed in its
name by Its duly authorized representative the day and year first above written.
GRANTOR:
GRAYSTONE CORPORATION OF VIRGINIA, a West
Virginia corporation
4 (SEAL)
John P. oo reasurer
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to -wit:
On this 2`—" day of December, 2021, before me the undersigned officer, personally
appeared John P. Good, Jr., in his capacity as Treasurer of GRAYSTONE CORPORATION OF
VIRGINIA, a West Virginia corporation, personally known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument and acknowledged that he/she has
executed the same for the purpose therein contained.
in witness whereof, I have hereunto s - y hand and official seal.
o ary u is
My Commission Expires 6C ��
Notary Registration No.: f.3�OCe$`
DENISE L. THOMAS
NOTARY PUBLIC
Commonwealth of Virginia
Registration No. 139060
My commission Expires August 31, 2023
EXHIBIT "A"
O
LEGAL DESCRIPTION
All that certain lot, piece or parcel of land, lying and being situate in Frederick County, Virginia,
more particularly described as follows:
PARCEL ONE: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 89.8719 acres, more or less, and more particularly designated as "Tax Map
74-A-68 89.8719 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
PARCEL TWO: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 17,3391 acres, more or less, and more particularly designated as "Tax Map
74-A-69 17.3391 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
AND BEING the same property conveyed to Graystone Corporation of Virginia, a Virginia
corporation from Bank of Clarke County, Successor Trustee of The FlenryJ. Carbaugh Trust Under
Agreement Dated December 18, 2006 by Deed dated January 11, 2018 and recorded on January
23, 2018 as Instrument No. 180000683 among the land records of Frederick County, Virginia.
M:\Graystone Corporation of VA (Sale to Real Estate Pursuits LC)\Special Warranty Deed (final)12-8-21.docx
VIRGINIA: FIIEDERICKfCOUNT� C to me on
'Otis instrument of writing wasp ce !
It
:md with certificate of acknowledge by Scc. 58.1-802 of
eras admitted to record. Tax imiw
and 58.1-801 have hLen paid, if assessable
Clerk
ORDINANCE
Action:
PLANNING COMMISSION: September 21, 2022 Recommended Approval
BOARD OF SUPERVISORS: September 28, 2022
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 407-22 RENAISSANCE 65 & RENASSIANCE 35
WHEREAS, REZONING #07-22 RENASSIANCE 65 & RENASSIANCE 35, submitted to revise the
proffers associated with Rezoning #04-17 Carbaugh Business Center. This proffer amendment seeks to
remove the current proffers and seeks to remove the restriction on the number- of entrances allowed from
future Renaissance Drive. The subject properties are located south of Shady Elm Road (Route 651) and
north of the railroad and are identified with Property Identification Numbers 74-A-68 and 74-A-69 in the
Back Creek Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on
September 21, 2022 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public meeting 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.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County 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 #04-17 Carbaugh Business Center and remove
the current proffers and seeks to remove the restriction on the number of entrances allowed from firture
Renaissance Drive. The conditions voluntarily proffered in writing by the Applicant and the Property
Owner are attached.
Res#
PDRes#36-22
This ordinance shall be in effect on the date of adoption. Passed this 28" day of September 2022 by the
following recorded vote:
Charles S. DeI-liven, Jr., Chairman Shawn L. Grabcr
J. Douglas McCarthy
Josh E. Ludwig
Blaine P. Dunn
Robert W. Wells
Judith McCann -Slaughter
A COPY ATTEST
Michael L. Bollhocfer
Frederick County Administrator
Res#
PDRes#36-22
to
•
N
CO ofFREDERICK
Departincnt ol' Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
October 4, 2022
Thomas Moore Lawson, P.C.
Ty Lawson.
P.O. Box 2740
Winchester, VA 22604
RE: REZONING #07-22 Renaissance 65 L,C and Renaissance 35 LC
PINS: 74-A-68 and 74-A-69
Dear Mr. Lawson:
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 404- l 7 for Carbaugh Business Center to remove the restriction on the
number of entrances allowed from future Renaissance Drive. The properties are located soutll of
Shady Elm Road (ROUte 651) and north of the railroad and is Identified by Property Identification
Numbers 74-A-68 and 74-A-69 in Back Creek Magisterial District.
The proffer statement originally dated October 6, 2017, that was approved as a part of this
rezoning application is unique to the above referenced property and is binding regardless of
ownership. 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
Clei-lc of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of
this rezoning application.
Sincerely,
M. Tyler Klein, AICP
Senior Planner
MTK/pd
Attachments
cc: Shawn L. Graber, Back Creek Supervisor
Mollie Brannon and Betsy Brumback, Back Creek Planning Commissioners
Debra Bonarti, Real Estate
Rod Williams, County Attorney w/Proffer and Resolution
The Peterson Co., 12500 Fair Lakes Circle Ste 400, Fairfax, VA 22033
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
0
0
ram Deeter
To: Shawn Graber; Mollie Brannon; Betsy Brumback
Subject: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
Attachments: Renaissance 65LC & Renaissance 35 LC.doc
Good morning,
Please find attached the approval letter for the Rez. 407-22 Renaissance 65 and Renaissance 35 from Mr. Klein. If you
should have any questions, please contact Mr. Klein.
Pam Deeter,
Senior Secretary
Dept. Planning & Development
107 N. Kent St. Suite 202
Winchester, VA 22601
540-665-5651
pd(,,E [et-O)fcva_us
0
•
%am Deeter
From: Microsoft Outlook
To: Mollie Brannon
Sent: Wednesday, October 12, 2022 9:43 AM
Subject: Delivered: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
Your message has been delivered to the following recipients:
i,lolhe Brannon (nrollie bran.non.ci,fcvE,u,)
Subject: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
•
•
Ram Deeter
From: Microsoft Outlook
To: Shawn Graber
Sent: Wednesday, October 12, 2022 9:43 AM
Subject: Delivered: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
YOLJI" rnessage has been delivered to the following recipients:
jilav/Il �irdlJ(r //ShaVJn.0 Ill)[ I'icl {�V�,115
Subject: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
E
F>am Deeter
From: Microsoft Outlook
To: Betsy Brumback
Sent: Wednesday, October 12, 2022 9:43 AM
Subject: Relayed: Rez.#07-22 Renaissance 65 LC and Renaissance 35 LC
Delivery to these recipients 01' groups is complete, bUt no delivery notification was sent by the
destination server:
EgLs l BRIIIIINIC1._�aPIS;'f)fUllli)8C1<(�iiC�Il1c31�,COn1
Subject: Rez,#07-22 Renaissance 65 LC and Renaissance 35 LC
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Renaissance 65 LC and Renaissance 35 LC
Specific Contact Person if Other than Above: c/o The Peterson Companies
Address: 12500 Fair Lakes Circle,Suite 400, Fairfax, VA 22033
Telephone: 703-631-7560
Email: koosterbeek@petersoncos.com
Name: Katie Oosterbeek, PE, Assistant Vice President, Development
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone:
Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Thomas Moore Lawson, P.C.
Specific Contact Person at Firm;
Thomas Moore Lawson, Esquire
Address: P.O. Box 2740, Winchester, VA 22604
Telephone: (540) 665-0050
Email: tlawson@lsplc.com
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
•
4. Project Name (if any):
5. Property Information:
a. Property Identification NUmber(s): 74-A-68; 74-A-69
b. Total acreage of the parcel(s): 107.21
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
107.21
d. CUrrent zoning designation(s) and acreage(s) in each designation:
M1 (107.21 acres)
e. Proposed zoning designation(s) and acreage(s) in each designation:
M1 (107.21 acres)
f. Magisterial District(s): Back Creek
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):
831 Shady Elm Road
h. Adjoining Properties: See attached
Parcel ID Number Use Zoning
Please attach additional page(s) if necessary.
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office ofthe Commissioner of the
Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601.
V
6. Disclosure of real parties in interest.
Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant
for a zoning amendment to make complete disclosure of the equitable ownership of the real
estate to be affected including, in the case of corporate ownership, the name of stockholders,
officers, and directors, and in any case the names and addresses of all real parties of Interest.
Frederick County has, by County Code § 165-101.09, adopted such an ordinance.
For each business entity that is an owner or contract purchaser of the property, please list the
name and address of each person owning an interest in, or who is an officer or director
of, any entity that is an owner or contract purchaser of the property (you need not
indicate the amount or extent of the ownership interest). Please note that this requirement
does not apply to a corporation whose stock is traded on a national or local stock exchange
and having more than 500 shareholders.
See attached
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
I Location Map
❑✓ Plat Depicting Metes/Bounds of Proposed Zoning
❑✓ Impact Analysis Statement
F/ Proffer Statement (if any)
❑✓ Agency Comments
0✓ Fee
z✓ Copies of Deed(s) to Property(ies)
❑✓ "fax Payment Verification
n✓ Digital copies (pdf-s) of all submitted items
• •
8. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
COlillty Board Of Supervisors to aillend 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 Illy (our) knowledge.
James J. Vecchiarelli, Authorized Signatory, MVP Management, LLC,
Manager of n�issan 65 LC
Owner: 1 aYea"7, ,- Date
If signs 1g oil bellal of an entity, pleas state name Of entity and yOUr title:
�I�-I2Z
Ja le J. Veccf arelli, Authorized Signatory, MVP Management, LLC
M ager of �naissance 35 LC
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 oil behalf Of all entity, please state Ilallle ofentity 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.
4
•
511. Adjoining Properties
Parcel ID Number
Use
Zoning
75-A-1
Vacant
M 1
74-3-2
Vacant
RA
74-3-3
Vacant
RA
74-A-67
Residential/Farm
RA
74-3-4
Residential
RA
74-3-5
Residential
RA
74-3-14
Residential
RA
74-6-12A
Residential Open Space
RA
74-6-12B
Residential Open Space
RA
74-A-64
Residential/Farm
RA
74-A-62
Vacant
RA
74-A-63
Residential
RA
74-A-61
Residential
RA
74-A-59
Residential
RA
74-A-57
Residential
RA
74-A-72
Residential
RA
74-A-70
Vacant
RA
74-A-71
Vacant
RA/133
75-A-2R
Vacant
B3
CSX Railroad Tracks
--
6. Disclosure of' real parties in interest.
Renaissance 65 LC
Chesterfield Retail LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
LPF Master Limited Partnership (Member of Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
WEP Master Limited Partnership (Member of Chesterf field Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
JMP Master Limited Partnership (Member of'Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
SBP Master Limited Partnership (Member of'Chesterfield Retail LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Renaissance 35 LC
Chesterfield Retail Investors LC (Sole Member)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
Peterson Family Trust (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
MVP Master Limited Partnership (Member of Chesterfield Retail Investors LC)
12500 Fair Lakes Circle, Suite 400
Fairfax, VA 22033
6
• 0
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 Connnissioneir of the Revenue is located on the 2nal floor• of the
Firederiek County.4dministralri,e Builcling, 107 North Kent Street.
Name and Property Identification Number
Address
Name Shady Elm 55 LC and Shady Elm 45 LC
c/o The Peterson Companies
12500 Fair Lakes Circle, suite,100
Attn: Bryan Lytton, Iaquire
Fairfax, VA 22033
Property t175-A-1
Name Kitty Hockman Nicholas and Robin H. Eddy
690 Shady Elm Road
Winchester, VA 22602
Property tt74-3-2; 74-3-3; 74-A-67
NameJacob T. and Heather R. Rudolph
750 Shady Elm Road
Winchester, VA 22602
Property t/ 74-3-4
Name Gregory R. and Johanna A. Brown
114 Hockman Court
Winchester, VA 22602
Property 1174-3-5
Nai„eJoseph and Katherine O'Donnell
113 Hockman Court
Winchester, VA 22602
Property 1174-3-14
Name Shady Elm Farms Homeowners Association
107 N. Kent Street
Winchester, VA 22601
Property 1174-6-12A; 74-6-12B
Name Ronald L. Brown
970 Shady Elm Road
Winchester, VA 22602
Property 1t 74-A-64
Name Edward Lee Sampson
420 Reliance Road
Middletown, VA 22645
Property t174-A-62; 74-A-63
,Name Robert D. Patton and Anita K. Rukavina-Patton
983 Shady Elm Road
Winchester, VA 22602
Property tt 74-A-61
//
Name and Property Identification Number
i
Address
Road
nameNae Robert J. and Donna L. Diaz
1006 Shady Elm Road
Winchester, VA 22602
Property it 74-A-59
NamcVernon E. and Lisa M. Heavner
1043 Shady Elm Road
Winchester, VA 22602
Property €€ 74-A-57
Name Elizabeth Ann Haymaker
316 Springdale Road
Winchester, VA 22602
Property €€ 74-A-72; 74-A-70
Name Stephen D. Brim, et als.
254 W. Queen Street
Strasburg, VA 22657
Property €€74-A-71
Name Renaissance Commercial Center Inc.
P.O. Box 480
Stephens City, VA 22655
Property €€75-A-2R
Name
Property #
Name
Property €€
Name
Property €€
Name
Property €€
Name
Property €€
NalllC
Property €€
Naf,1C
Property €€
Name
Property €€
Name
Property €€
0
c0G Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: wwwAva.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Renaissance 35 LC
Name of Property Owner/Applicant
Please note. Il'the property owner/applicant is an enuly, the name ol'the entity should appear above.
If fin ltiple persons owi the property or are applicants, an executed power of attorney From each owner will be needed.
Go The Peterson Companies, 12500 Fair Lakes Circle, Suite 400, Fairfax, VA 22033 (703) 631-7560
Mailing Address of Property Owner/Applicant
Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68:74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attorney -In -Pact
P.O. Box 2740, Winchester, VA 22604
(540) 665-0050
Mailing Address of Attorney -In -Fact Telephone Number
to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the salne
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identified property:
Z Rezoning B Subdivision
Conditional Use Permit Site Plan
H Master Development Plan (prelim. or final) Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
This appointnient shall expire one year from the day that it is signed, or at such sooner time as I
otherwise rescind or modify it.
Signattu'e '—
Title (if signil Cllalf Of all Cllllty) ton N4 Peterson Ivtanat cr MVP Manaeemenl. I,LC. Manecr of Renaissance 3� LC
State of r County/City of I r 0- To wit:
lj:(2 12 sj gc-1 a Notary Public in and f'or the jurisdiction aforesaid, certify that
the pel'Son who signed the fol'Cgolllg InStl'UlllCllt personally al)pCal'Cd before me and has acknowledged the
same before file in the jurisdi/ction aforesaid this IS t� day of 20 2.Z
My Commission Expires: 5I 2 -2-
Notary Public
Notarryy Pubik
Re; It780tS864
Comaroew'ealth of Virginia
Coaantiuba Expires July 31, 2023
jegistration Number: G 4
0
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website:
wwwAva.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
Renaissance 65 LC
Namc of Properly Owner/Applicant
Please note If the Property ommer/applicant is an entity, the name of the entity should appear above.
If multiPlc Persons own the property or are applicants, an executed power ol'attorney from each owner will be needed.
Go The Peterson Companies, 12500 Fair Lakes Circle, Suite 400, Fairfax, VA 22033 (703) 631-7560
Mailing Address of Property Owner/Applicant "telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia, identified by following property identification numbers:
74-A-68; 74-A-69
do hereby make, constitute, and appoint:
Thomas Moore Lawson, Esquire
Name of Attorney -In -Fact
P.O. Box 2740, Winchester, VA 22604 (540) 665-0050
Mailing Address of Attorney -In -Pact 'Telephone Number
to act as Illy true and lawful attorney -in -fact for and in illy name, place, and stead, with the same
full power and authority I would have if acting personally, but only to file and act on my behalf
with respect to application with Frederick County, Virginia for the following, for the above
identified property:
Rezoning H Subdivision
Conditional Use Permit Site Plan
H Master Development Plan (prelim. or final) Variance or Zoning Appeal
and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
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.
Slgnattll•C
Title (if sir Il l behalf of an entity) Jon 101 Peterson Manager, MVP M•m-igement I I C Manager of Renaissance 65 LC
State of- r c, cCounty/City o1- Ib wit:
a Notary PUbllc in and fol' the jUl•Isdlctlon af01•esald, certify that
the person who signed the foregoing instrument personally appeared before file and has acknowledged the
same before Ale in the jurisdiction aforesaid this 1 S l " day of'A, , 20 4- Z--
My Commission Expires: �' Z 2-
Notary Public Registi-ation Number:
earsity Rosalind Robin Ra Notary
Reg #7806864
Cmasonwealth of Vireinit
ORDINANCE
Action:
PLANNING COMMISSION: September 21, 2022
BOARD OF SUPERVISORS: September 28, 2022
Recommended Approval
Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07-22 RENAISSANCE 65 & RENAISSANCE 35
WHEREAS, REZONING #07-22 RENAISSANCE 65 & RENAISSANCE 35, submitted to revise the
proffers associated with Rezoning #04-17 Carbaugh Business Center. This proffer amendment seeks to
change the restriction on the number of entrances allowed from future Renaissance Drive. The subject
properties are located south of Shady Elm Road (Route 651) and north of the railroad and are identified
with Property Identification Numbers 74-A-68 and 74-A-69 in the Back Creek Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on
September 21, 2022 and recommended approval; and
WHEREAS. the Frederick County Board of Supervisors held a public meeting on this Rezoning
(luring 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.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in
accordance with Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended
to revise the proffers associated with Rezoning #04-17 Carbaugh Business Center to change from two to
four the restriction on the number of entrances allowed from future Renaissance Drive, subject to VDOT
approval of the entrances. The conditions voluntarily proffered in writing by the Applicant and the
Property Owner are attached.
RRPP �0)7-/7
ftKs�M=22
0
•
This ordinance shall be in effect on the date of adoption. Passed this 28' day of September 2022 by the
following recorded vote:
Charles S. DeHaven, Jr.. Chairman Aye
J. Douglas McCarthy Aye
Josh E. Ludwh! Aye
Blaine P. Dunn Aye
Res# 022-22
Shawn L. Graber Aye
Robert W. Wells Aye
Judith McCann -Slaughter Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Administrator
•
220012256
FIRST AMENDMENT TO PROFFER STATEMENT
REZONING: #07-22
(7001'�25.
PROPERTY: 74-A-68 and 74-A-69
RECORD OWNER: Renaissance 65 LC and Renaissance 35 LC (collectively
"Owner")
APPLICANT: Renaissance 65 LC and Renaissance 35 LC
PROJECT NAME: Carbaugh Business Center
ORIGINAL DATE OF October 6, 2017 (Rezoning 404-17)
PROFFERS:
The undersigned Owner hereby submits its First Amendment to Proffer Statement, which
First Amendment states that the following conditions, to the extent amended, shall supersede the
indicated provisions of the Proffer Statement on the Properties that have been made prior hereto.
In the event that the above -referenced First Amendment to Proffer Statement is not granted as
applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn
and shall be null and void.
The following sections of the Proffer Statement dated October 6, 2017 are amended as
follows:
Revision to Site Improvements Proffer 5
The language of the first paragraph of Site Improvements Proffer 5 is replaced in its entirety
with the following:
5. The Owner agrees to construct not more than four commercial entrances approved
by the Virginia Department of Transportation for the Property along Renaissance Drive.
Revision to Site Improvements Proffer 6
The language of Site Improvements Proffer 6 is deleted in its entirety.
Respectfully submitted,
RENAISSANCE 65 LC
: MVP agement, LLC its Manager by: James J. Vecchiarelli
Its: Authorized Signatory
LLOOMMO _E STATE OF U , r � .� , �� , AT LARGE
CIT COUNTY F r •- , to -wit.
The foregoing instrument was acknowledge before me this? day of �� , 2022 by
wr.e'. S uz tik. s,��li. of RENAISSANCE 65 LC.
LLB
YVi
NOTARY PUBL I C
My commission expires: 1 I Z Z ?
Registration number: 'a d C 6 =KearsleyRo-sslind Robin Rangyblic6864of Virginiares July :11, 2023
RENAISSANCE 35 LC
c
MV anagement, LLC its Manager by: James J. Vecchiarelli
Its: Authorized Signatory
COMMONWEAL AT LARGE
The foregoing instrument was acknowledge before me this '7day of S 5� , 2022 by
of RENAISSANCE 35 LC.
N TARY PUBLIC
My commission expires: 1, / -2 3
Registration number: ---Q E Y 6y
Kcarstev Rosa Ind liobin and
:Votary Public
Reg 47806&64
Commonwealth of Virginia
1,
Commission Ex res July 31, 2023
r],
•
ORDINANCE
Action:
PLANNING COMMISSION: September 21, 2022
BOARD OF SUPERVISORS: September 28, 2022
Recommended Approval
Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT NIAP
REZONING #07-22 RENAISSANCE 65 & RENAISSANCE 35
WHEREAS, REZONING #07-22 RENAISSANCE RENAISSANCE 35, submitted to revise the
proffers associated with Rezoning #04-17 Carbaugh Business Center. This proffer amendment seeks to
reinovis the restriction on the number of entrances allowed from future Renaissance Drive. The subject
properties are located south of Shady Elm Road (Route 651) and north of the railroad and are identified
with Property Identification Numbers 74-A-68 and 74-A-69 in the Back Creek Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on
September 21, 2022 and recommended approval; and
«'HEREAS, the Frederick County Board of Supervisors held a public meeting 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.
NOV1', THEREFORE, BE IT ORDAINED by the Frederick County Board of Super\ isors, that in
accordance with Chapter 165 of the Frederick County Code, Zoning, the Zoning Distric: \ lap is amended
to revise the proffers associated with Rezoning #04-17 Carbaugh Business Center to rc. ovv the restriction
on the number of entrances allowed from future Renaissance Drive. The conditions voluntarily proffered in
writing by the Applicant and the Property Owner are attached.
Res# 022-22
r�
u
11
FIRST AMENDMENT TO PROFFER STATEMENT
REZONING:
PROPERTY: 74-A-68 and 74-A-69
RECORD OWNER: Renaissance 65 LC and Renaissance 35 LC (collectively
"Owner")
APPLICANT: Renaissance 65 LC and Renaissance 35 LC
PROJECT NAME: Carbaugh Business Center
ORIGINAL DATE OF October 6, 201.7 (Rezoning #04-17)
PROFFERS:
The undersigned Owner hereby submits its First Amendment to Proffer Statement, which
First Amendment states that the following conditions, to the extent amended, shall supersede the
indicated provisions of the Proffer Statement on the Properties that have been made prior hereto.
In the event that the above -referenced First Amendment to Proffer Statement is not granted as
applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn
and shall be null and void.
The following sections of the Proffer Statement dated October 6, 2017 are amended as
follows:
Revision to Site Improvements Proffer 5
The language of the first paragraph of Site Improvements Proffer 5 is replaced in its
entirety with the following:
5. The Owner agrees to construct commercial entrances approved by the Virginia
Department of Transportation for the Property along Renaissance Drive.
Revision to Site Improvements Proffer 6
The language of Site Improvements Proffer 6 is deleted in its entirety.
0 •
Respectfully submitted,
RENAISSANCE 65 LC
WI -James'.. Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 65 LC
COMMONWEALTH/'OF v , I cj :., ,, , AT LARGE
IDS'%COUNTY OF -�_ mot:- ,, , to -wit:
The foregoing instrument was acknowledge before me this3� day of �J� 1�7 , 2022 by
sK a ��,._.,`a of RENAISSANCE 65 LC.� 5
S 5 , • ..•_ , In-\ V /,71 [<, C rl-
Kearsley Rosalind Robin Rand
NOTARY PUBLIC /
REGISTRATION # 7806864
COMMONWEALTH OF VIRGINIA NOTARY PUBLIC
MY COMMISSION EXPIRES July 31, 2023
My commission expires: 13 2 z >
Registration number: 6
RENAISSANCE 35 LC
B . Jame . Vecchiarelli
Its: Authorized Signatory, MVP Management, LLC, Manager of Renaissance 35 LC
COMMONWEALTH/5-T-A-"E OF U : r , AT LARGE
�-I-TY/COUNTY OF v ( , to -wit:
The foregoing instrument was acknowledge before me this day off, 2022 by
of RENAISSANCE 35LC.
,n�w,��s
S- 5 r. L � ram_ {'VI •�n M � r .>, � : �,,,.-� Z. L L
1
EKearsleysalind Robin Rand
NOTA
TION#BLIC
7806864
ALTH OF VIRGINIA NOTARY PUBLIC
EXPIRES July 31, 2023
My commission expires
-�'I?.I /2-�Z
Registration number: 1 e 6 G
2
r i
REZONING REQUEST PROFFER o
0
Property Identification Number
74 - ((A)) - 68 and 74 - ((A)) - 69
Back Creek Magisterial District
Carbaugh Business Center
Record Owner: The Henry J. Carbaugh Trust
Applicant: Timothy Stowe
Original Date of Proffers: 10/6/17
Revisions Date of Proffers: 10/19/17
Preliminary Matters
Pursuant to Section 15.2-2296 et-seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned owner hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application t! Oy- 17 for the rezoning of Tax
Map Parcel 74-A-68, a 89.8719-acre parcel, and Tax Map Parcel 74-A-69, a 17.3391-acre parcel,
to establish 107.21 +/- acres of Light Industrial (M-1) Zoning District, development of the 107.21
+/- acre Light Industrial (M-1) Zoning District, hereinafter referred to as 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 Virginia Law. In the
event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever. These proffers shall be binding upon the owner and their legal
successors or assigns.
Site Improvements
1. The owner agrees to participate in the cost of transportation improvements in the
nearby area. The owner will contribute to Frederick County, Virginia, a maximum of
one million and eighty thousand dollars ($1,080,000.00). Such payment shall be
made either within 30 calendar days after the start of construction on the extension
of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance
Proffer Statement Page i of 4
r-
of the certificate of occupancy permit for the first building structure developed on o
the Property, whichever event occurs first. Such funds can be used by the Board of o
Supervisors in its discretion for transportation improvements related to the f\-)
extension of Renaissance Drive, an East-West Collector Road, to Shady Elm Road and
can be used as local match funding for County Revenue Sharing Program projects
related to the aforernentioned extension.
The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road to
Frederick County as depicted on the Generalized Development Plan (GDP), which is
attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which is
to be used for the construction of a pedestrian trail adjacent to the Property. This
dedication is to be made within 90 (ninety) days after the date of the approved
Rezoning Application.
The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast
boundary to Fredrick County for the extension of the East-West Collector Road
(Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is
depicted on the GDP. This cleclication is to be made within 90 (ninety) days of a
written request by Frederick County.
The owner agrees to grant to Frederick County an 80' (80 feet) gracling/slope
easement for the construction and maintenance of a bridge over the CSX rail line that
will be part of the extension of the East-West Collector Road (Renaissance Drive) from
Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the easement will
be determined during the design phase of the extension of the East-West Collector
Road. The length shall not exceed the distance from the CSX rail line to the start of the
bridge ramp. This grant is to be made within 90 (ninety) days of a written request by
Frederick County.
The owner agrees to li of the fiHffibeF of construct commercial entrances approved
by the Virginia Department of Transportation for the Property `e he Fezened to
f-ia;
extell5ien of along Renaissance Drive @Rd ' to seed,", kvith Shady Elm Read
In the event the property is developed prior to the completion of Renaissance
Drive collector road extension, the owner may build a portion of Renaissance
Drive collector road extension from Shady Elrn Road to the first entrance to the
site to enable use of the site. The portion of the collector road to be built in
this event will meet with both VDCIT and Frederick County approval.
In the event that Frederick County request that the owner not build a portion
of the Renaissance Drive collector road extension, the owner may build a
temporary entrance onto Shady Elm Road for commercial use. The temporary
entrance on Shady Elm Road will be permanently closed
Proffer Statement Page 2 of 4
•
•
C:
O
CD
immediately after the Renaissance Drive collector road extension is available c>>
for use by the owner.
6-
pFevide _wr—reec to tho W.'G nnine access mints nn ReRai-rSance Drive
Building Restrictions
The development of the subject Property shall include the following building restrictions:
1. All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner
Will utilize a Class C — Full Screen (As defined by Frederick County at the date of this
rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts
west of Shady Elm Road.
2. Individual business signs will be prohibited along Shady Elm Road.
3. The owner will perform an intensive level survey on the historic structure located
on -site (Henry Carbaugh House - 434-1040) prior to its demolition.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
1. The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the
Renaissance Drive collector road extension. The trees are to be planted within 120
(one hundred and twenty) days of written request by Frederick County.
Monetary Contributions to Offset Impact of Development
The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 107.21 +/- acre property to the Light Industrial
(M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the
Proffer Statement
Page 3 of 4
O
CD
•b•
Certificate of Occupancy Permit for the first structure constructed on the Light Industrial (M-1)
Zoning District portion of the parcel, the sum of thirty thousand dollars ($30,000.00), for use by
the Board in its discretion for fire and rescue purposes.
Additionally, the owner shall contribute five thousand dollars ($5,000.00) to the Kernstown
Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first
structure constructed on the property.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen (18) months of the approval of this rezoning, as applied for by the
owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in this Proffer Statement which are paid to the County after eighteen (18) months
following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U
from that date eighteen (18) months after the approval of this rezoning to the most recently
available CPI-U to the date the contributions are paid, subject to a cap of 4 percent (4%) per
year, non -compounded.
Respectfully Submitted,
The Henry J. Carbaugh Trust
OWNER: ��t:s1 �l ,�.-�`<t �?;.,_.� 1.i 1��.(<1 .t�ni.l�.� ✓7c'.J�1r'.._��.Jcc.:°�_��
J/L e e'tin�'7 i' •J .� �.� �'� �' L�r'•.�t ,�.� a-� fie. �, ��%ii _� !) ; .-1 _( �(C
Date:)�t"r";t, %r'r`
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -Wit:
The foregoing instrument was acknowledged before me this ) day of
2017, by
r (\t�" t (1iT11'btl$i'On expires
c� �Nd.t'�ir f?ub
%,, ?fir?fLe.ter, ent Page 4 of 4
0 0
From:
Rod Williams <rwillia@fcva.us>
Sent:
Friday, July 15, 2022 11:20 AM
To:
Thomas Moore Lawson, Esq.
Cc:
Wyatt Pearson; John Bishop; Tyler Klein
Subject:
Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for
Parcels 74-A-68 and 74-A-69
Dear Ty:
I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6
of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my
opinion that the proposed Amendment to 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.
Sincerely yours,
Rod
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
rwillia a,fcva.us
• 0
RECEIVED JUL 08 P012
Re'Lonln- Comments
,•cdcricc County Fire Marshal i �•��
IN-lail to: hand deliver to:
Frederick County Fire Marshal Frederick County lire & Rescue Dept.
1800 Covcrstone Drive Attn: Fire Marshal
Winchcster, Virginia 22602 Public Safety Building
(540) 665-6350 1800 Covcrstone Drive
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal With his review. Attach a copy of ,yore• application form, location map, proffer
statement, impact analysis, and any other pertinent information.
Applicant's Flame: Renaissance 65 LC and Renaissance 35 LC Telephone: (540) 665-0050
Mailing Address: c/o Thomas Moore Lawson, Esquire
P.O. Box. 2740 _
Winchester, VA 226 44
Location of property: 831 shady Elm Road
Current Zoning: h1' Zoillllg I-CCIUCACd: hit - - _- _ Acreage: 107.21
Fire Marshal's Curnrnents:
n Date:
Fire 'Marshal's Signature � C----
Notice to lire Marshal - Please Return This Form to the Applicant
23
•
•
From: Carter, Edwin<edwin.carter@vdot.virginia.gov>
Sent: Friday, July 22, 2022 9:02 AM
To: Thomas Moore Lawson, Esq.
Cc: Matthew Smith; Lloyd Ingram
Subject: Re: FW: Minor Proffer Amendment
Good morning Ty. Our Land Development group has reviewed and do not
have any concerns from VDOT with the proposed changes.
N
Edwin Z. Carter
Residency Administrator
Office-540 534-3204
Cell-804.396.0082
edwin.carter(u?vdot.vir�,,inia.,qov
On Wed, Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawson(u),Isplc.com> wrote:
Ed,
This is a follow up to my correspondence of July 81r' regarding the minor proffer amendment for the Renaissance 65 LC
and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the
application.
Thanks, Ty
Thomas Moore Lawson, Esquire
Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia
Department of Transportation with their review. Attach three copies of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Renaissance 65 LC and Renaissance 35 LC Telephone: (540) 665.0050
Mailing Address:
Go Thomas Moore Lawson, Esquire
P.O. Box 2740
Winchester, VA 22604
Location of property: 831 Shady Elm Road
Current zoning: M1
Zoning requested: M1 Acreage: 107.21
Virginia Department of Transportation Comments:
See attached email from Lloyd Ingram w/ VDOT To Mr. Ty Lawson dated July 26, 2022.
VDOT Signature & Date:
Notice to VDOT - Please Return ;Form to Applicant
21
r1
L-A
From: Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov>
Sent: Tuesday, July 26, 2022 4:21 PM
To: Thomas Moore Lawson, Esq.
Cc: Lloyd Ingram;jbishop@fcva.us
Subject: Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment
Attachments: Renaissance 65 LC & Renaissance 35 LC.pdf
DEPARTMENT OF TRANSPORTATION
Edinburg Land Use
111031 Old Valley Pike
Edinburg, VA 22.824
Mr. Lawson:
A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment
proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers,
the request is acceptable to our office.
If you have any questions or need further information, please do not hesitate to contact me.
Regards,
Llorirl A. Ingram, Transportation Engineer
Virginia Dc a rtment o(7'l-ansporinlion
Editibtwg ReshIcin ii - Lrrnrl L)vzwIol meW
1-1031 Old Vallei/ Pike
Er1illbili *, Vhginia 22S2.1
1'Itone #(540) 534-3214
Fax #(5.10) 984-5607
•
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
Winchester, VA 22604
Ph:540-665-0050
Fax: 540-722-4051
Email: tlawson Isplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
From: Thomas Moore Lawson, Esq.
Sent: Friday, July 8, 2022 10:34 AM
To: 'Carter, Edwin'
Subject: Minor Proffer Amendment
Ed,
Please see the attached correspondence.
Thanks, Ty
Thomas Moore Lawson, Esquire
Thomas Moore Lawson, P.C.
Of Counsel -Williams Mullen
P.O. Box 2740
2
E
u
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson(dlsplc.com
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
o�n�cK coG
Winchester, VA 22602
-(,
`�'• << is Phone: 540 665-6350 Fax: 540-678 4739
fmo@fcva.us
. ���•RLSG �''
Plan Review
Rezoning
Status: Approved
Owner
Renaissance 65 LC & Renaissance 35 LC
831 Shady Elm Rd
Winchester , Virginia 22603
Other: Printed Date: 07/14/2022
Thomas Moore Lawson. P.C.
Received Date: 07/08/2022 Occupancy Type:
Review Begin Date: 07/14/2022 Property Use:
Number: 1071049 N it ivy um
Review End Date: 07/14/2022 ActApplication
Hours: 1.0000 Review Cause: Pp
Project Name Minor Proffer Amendment
Comments:
No comments at this time.
Ale-'-f / 000
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
0 0
From: John Bishop <jbishop@fcva.us>
Sent: Thursday, July 21, 2022 1:34 PM
To: Thomas Moore Lawson, Escl.
Subject: RE: '[External]'Peterson rezoning
Ty, you are correct that this can be a minor proffer revision and the fee for that is $1,000.00. At this time the proffer
language appears to be consistent with our discussion from the meeting and I don't have a comment at this time.
Thankyou
Jhn
21002134?
DEED PREPARED BY: H. Edmunds Coleman, III G,
VSBII15449 �O
Bryan & Coleman, PLC
118 S Braddock Street
Winchester, VA 22601
CONSIDERATION: $9,000,000.00
Assessed Value: $4,382,200.00
Grantor: Graystone Corporation, a West Virginia corporation
Grantor's Address: 1057 Martinsburg Pike, Winchester, Virginia 22603
Grantee: Renaissance 65 LC, a Virginia limited liability company, and
Renaissance 35 LC, a Virginia limited liability company
Grantee's Address: 12500 Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033
Tax Map Nos.: 74-A-68 and 74-A-69
Record and Return to:
Commercial Title Group, Inc.
Attention: Barbara Blitz
1320 Old Chain Bridge Road, Suite 210
McLean, VA 22101
File No. 192004145
Title Insuwr ; Ftdel,}y
SPECIAL WARRANTY DEED
Fh
THIS SPECIAL WARRANTY DEED Is made, executed and delivered this 10 clay of
December, 2021, between GRAYSTONE CORPORATION OF VIRGINIA a West Virginia
corporation,
the designated name in Virginia of GRAYSTONE CORPORATION, A West Virginia
corporation registered and qualified to do business in Virginia under the name of Graystone
Corporation of Virginia ("Grantor'), whose address is 1057 Martinsburg Pike, Winchester,
Virginia 22603, and RENAISSANCE GS LC, a Virginia limited liability company, as to a 64% co-
tenant interest, and RENAISSANCE 35 LC, a Virginia limited liability company, as to a 36% co-
tenant interest (collectively, "Grantee"), whose address is c/o The Peterson Companies, 12500
Fair Lakes Circle, Suite 400, Fairfax, Virginia 22033, Attn: Bryan Lytton, Esq.
WHEREAS, Grantor acquired the property being conveyed herein to Grantors, by Deed
dated January 11, 2018 from Bank of Clarke County, Successor Trustee of the Henry J. Carbaugh
Trust Under Agreement dated December 18, 200G, recorded in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, as Instrument No. 180000683 (the "Carbaugh Deed");
WHEREAS, said Carbaugh Deed erroneously referred to the Grantor as Graystone o
Corporation of Virginia, a Virginia corporation; and C;
WHEREAS, Grantor hereby corrects and confirms that Graystone Corporation of Virginia
is the name in Virginia of Graystone Corporation, a West Virginia corporation registered and
qualified to do business in Virginia under the name of Graystone Corporation of Virginia.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other
good and valuable consideration, to it in hand paid by Grantee, the receipt and sufficiency
whereof are hereby acknowledged, hereby grants, sells and conveys with special warranty to
Grantee, its successors and assigns forever, the following described land, situate, lying and being
In the County of Frederick, Commonwealth of Virginia, to wit (the "Land"):
See Exhibit "A" attached hereto and by this
reference made a part hereof.
together with all improvements, rights, alleys, ways, easements, privileges, tenements,
hereditaments and appurtenances of Grantor belonging or in any wise appertaining to the Land
(collectively, the "Property"), subject to all matters of record.
To have and to hold the Property in fee simple forever.
And Grantor, for itself and its successors and assigns, does hereby warrant the title to said
Property, will defend the same against the lawful claims of all persons claiming by, through, or
under Grantor, but not otherwise, and will execute such further assurances thereof as may be
requisite.
[signature page follows]
2
CD
IN WITNESS WHEREOF, the said grantor has caused this instrument to be executed in its
name by its duly authorized representative the day and year first above written.
GRANTOR:
GRAYSTONE CORPORATION OF VIRGINIA, a West
Virginia corporation
B (SEAL)
John P. oo ,J reasurer
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to -wit:
On this 3�" day of December, 2021, before me the undersigned officer, personally
appeared John P. Good, Jr., in his capacity as Treasurer of GRAYSTONE CORPORATION OF
VIRGINIA, a West Virginia corporation, personally known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument and acknowledged that he/she has
executed the same for the purpose therein contained.
In witness whereof, I have hereunto s -m�y hand and official seal.
Notary Public
My Commission Expires. 2 k3/. aca_
Notary Registration No.: 13q(Dag. _
DENISE L. THOMAS
NOTARY PUBLIC
Commonwealth of Virginia
Registration No. 139060
tdy Commission Expires August 91, 2023
PER
EXHIBIT "A"
0
LEGAL DESCRIPTION
All that certain lot, piece or parcel of land, lying and being situate in Frederick County, Virginia,
more particularly described as follows:
PARCEL ONE: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 89.8719 acres, more or less, and more particularly designated as "Tax Map
74-A-68 89.8719 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
PARCEL TWO: All that certain lot or parcel of land, together with the improvements thereon and
all rights, rights of way and appurtenances thereto belonging, fronting on the eastern side of
Shady Elm Road (VA. Sec. Route 651), in Back Creek Magisterial District, Frederick County,
Virginia, containing 17.3391 acres, more or less, and more particularly designated as "Tax Map
74-A-69 17.3391 Acres" on that certain plat titled "Boundary Survey Of The Land Of The Henry J.
Carbaugh Trust" dated August 12, 2016, drawn by S.W. Marsh, L.S., which Is attached to and
made a part of that certain Confirmation of Plat dated January 3, 2017, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia as Instrument No. 170005695.
AND BEING the same property conveyed to Graystone Corporation of Virginia, a Virginia
corporation from Bank of Clarke County, Successor Trustee of Tile Henry J. Carbaugh Trust Under
Agreement Dated December 18, 2006 by Deed dated January 11, 2018 and recorded on January
23, 2018 as Instrument No. 180000683 among the land records of Frederick County, Virginia.
M:\Graystone Corporation of VA (Sale to Real Estate Pursuits LC)\Special warranty Deed (final) 12-8-21.docx
VIRGIpil,%: [1LEnERICKC0UN1'Y.SCT-
me
'11ris instrument of writing wi s produced`t San
as adere o annexed
mceltilleate of itted torecord- Taxltnpo s d by She- 58.1.802 of
C1f00''?� nd 58.1.801 have been paid' If ;usessnhle
Clerk
41- /
Delxihick-0 RE2022 / 337850001
Name RENAISSANCE 65 LCBRENAISSANC
Nance 2 C/O THE PETERSON COMPANIES
Address 12500 FAIR LAKES CIR
STE 400 ATTN:BRYAN LYTTON
FAIRFAX VA
Lit) 22033 3804
Penally Paid So.00
Original Bill
5529.18
Date
6.!6!2022
6; 6; 2022
1'aynients
(5529.18)
11,1Y/Ltll)kup Taxes
Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Frequency 1
Maly" 74 A 68
Bill Date 04/25/2022
Due Date 06/06/2022
Desc 89.87 ACRES
Interest Paid $0.00
('urrcut 1'a)nmot titolus
Principal Balance Due Penalty
$0 00
'Transaction Ilis(ory
T.pe 7•ransactionit
charge ll
Principal Paid 9630
Previous
Su1)I)IC1)1C11t9 0
Account# 8023410
Acreage
89.870
1111provc1licill"
$71,100.00
Land Value
53,184,000.00
Land Use
$102,400.00
ivlinerals
$0.00
Last Transaction Date 06/06/2022
Interest Balance
Due
So.00 So.00
So.00
Amount Balance
5529.18 5529.18
(5529.18) 50.00 {
0
i
Real Estate Ticket Detail
PreVIOUS
2022 REAL ESTATE
Dept/Tickel» RE2022 1337860001
Frequency 1
Supplement# 0
Name RENAISSANCE 65 LC&RENAISSANC
Map'" 74 A 69
ACCOL111W 8023411
Name 2 C/O THE PETERSON COMPANIES
Bill Dale 04/25/2022
Acreage
17.340
Address 12500 FAIR LAKES CIR
DuC Date 06/06/2022
Inlpruvelncnts
$0.00
STE 400 ATTN:BRYAN LYTTON
Desc 17.34 ACRES
Land Value 51,127,100.00
FAIRFAX VA
Land Use
$5,600.00
Lip 22033 3804
Minerals
$0.00
Penally Paid $000
Interest Paid $000
Last Transaction Dale 06/07/2022
Current Pavinent Status
Original Bill 1111villents
Principal Ilalluu•e Due Peualh,
Interest Balance
Due
S 17.08 ($17.08)
$O 00 $0.00
$0.00
$0.00
'Transaction Ilistory
Date Tive
11'a I Is it C l l n n P
A moo III Balance
616/2022 Charge 0
S17.OS 517.08
6,6'2022 I'linclpal Paid 4,1687
(517.08) 50.00 j
Previous
9
40
THOMAS MOORS LAWSON, P.C.
-'OF COUNSEL. - WILLIAMS MULLEN
120 Exl rF:R Diuvr, Sun F: 200
Posr OFricr. Box 2740
11'I\cIIFsn:li, VA 22604
Tl:lxl,lloNr.: (540) CGS-0050
PAcslmix:(540)722-4051
August 18, 2022
Wyatt Pearson, Director of Planning
John Bishop, Deputy Director of Planning —Transportation
I'rcdcrick County Plalllllllg Department
North Building, 2nd floor
107 North Kent Street
Winchester, VA 22601
VIA HAND -DI LIVE RY
Dear Gentlemen:
*'lll0\1A5 i,NIOOKF: LAB%'SON • TI AN'SON4dl.Sl'l,C.cO\I
Re: Minor Proffer Anlcnclnlent
OLD' Idle No. 1457.001
Enclosed please Mild all application for a minor Proffer amendment for the property
located at 831 Shady Elm Road, Winchester, Virginia 22602. Prior t0 submission, we provided a
copy of the application and proposed first Amendment to ProfTCr Statement to the Frederick
County Planning Department, Frederick County Plalllllllg Department — Transportation, the
Virginia Department of Transportation ("VDOT"), the Frederick County Attorney, and Fire &
Rescue for review and comment. Enclosed please find copies of the reviewing agencies'
responses, and below is a brief summary Of the comments:
• Frederick COL111ty Plalllllllg:
o the project remains in conformance with the Comprehensive Plan;
o the application should IIlClUdc all impact analysis statement;
o the first Amendment t0 the Prof1el' Statcnlcllt should include a reference to the
previous rer011111g;
o Intel'-parccl C01111CCU011S ShOLlld be considered t0 provide adequate C11'CLllation and
access within the development.
• Frederick COLlnty Planning —Transportation: ransportation: n0 comments at this time
• VDOT: no comments at this time
• Frederick County Attorney: the proposed Amendment to Proffer Statement is in a form
that mects the 1'CCILIircmentS Of the 1'1'CdffiCk County LOning Ordinance and the Code of
Virginia and is 1Cgall)' SU lC1Cilt as a j)1'0fICI' StatC111Cl1t
Wyatt Pcarson, Director of Planning
John Bishop, Dcputy Director of'Planning — Transportation
August 18, 2022
Page 2
• fire & Rescue: no comments at this time
TO address the con1111c11ts reccived from the Planning Departlllcllt, the First Amendment
t0 the PI'OIIC1' Statement has been rCVISCCI t0 11ICILICIC a I'CICI'CI1CC to RI7Z 1/04-17 in the header of
the doeulllCllt. The applicants Further agrcc t0 consider lute]' -parcel connections within the
development to promote circulation and access.
The applicants submit that this minor Proffer Amendment will not affect the very positive
impact OI the pl'CVIOLISIy approvC(1 1'e7_011ings Ior the propcl't1Cs O11 either side OI Renaissance
Drivc. Indeed, the deletion of the maxilllunl IlUmber Ol entrances t0 the parcels south of the
Future Renaissance Drive will allow the property owner to apply for fLltLll'e entrances as required
for the industrial development on the property. One example where this will be desirable is the
opportunity to have separate entrances for associates and trucks entering and exiting the
dcvCIOpnlCnt. Of course, all such future entrances will require the approval of VDOT and
Frederick County.
"[hank you for your assistance and cooperation. Sh011ld you have any questions, please do
not 11Cs1tate to contact Ille.
/ r yo(,c
Thom awson
TML:jk
Enclosures
cc: Renaissance 65 LC
Renaissance 35 LC
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS
YOUR APPROVAL, PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF
YOUR APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE
COMMEIYTSAS TO WHAT YOL' IfVULD LIKE TO HAVE COMPLETED.
Mark
Amy
vier
John
watt
Kayla
Breton
COMMENTS:
C �kf- C ��
Initials
10
Date & Time
C)
Ihl AC1roN i/-W 't O. PH eEo.
RECEIVED
n c� �' FREDERICK COUNTY
Uy� j7, r ANwi;yG AND DEVELOPMENT
FCE'
Received b-,, Clerical Staff (Date & Time):
•
1J
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-565 I
Fax: 540/ 665-6395
July 20, 2022
Thomas Moore Lawson, PC (via cmail to: tllwsoll�(/)Isl)lc.colll)
PO Box 2740
Winchester, VA 22604
RE: Proposal Rezoning for Renaissance CS LC & Renaissance 35 LC
Property Identification Numbers (PITY): 74-A-68 & 74-A-69
Dear Mr. Lawson
Planning and Development staff had the opportunity to review the draft rezoning application.
This application seeks to amend proffers previouSly approved with rezoning application (REZ)
a 0=4-17 (Carbaum,h Business Center). The subject property is located along Shady Elm Road in
the Back Creek District. Prior to formal submission to the County, please ensure that these
coi111licllts and all review agency comments are adequately addressed. At a nlininnnll, a letter
describing, how each of the auncies and tllclr comments have been addl-CSSCd ShOuld be included
as part of the submission.
I. Comprehensive Plan Conformance. The minor proffer amendment does not alter the
approved zoning of the property (NI I —Light [ndlusU-ial) or any of the approved land uses.
The project remains in con/r)rmance with the Comprehensive Plan.
2. Impact Analysis Statement. The applicant Should provide an impact analysis statement
providing written justification for the requested minor proffer amendment.
3. Proffer Statement. Include reference to REZ 804-17; all other profl'Crs previously
approvcdl continue to apply outsidlc of the revisions to Proffer 5 and Proffer G.
4. Transportation Coniment. Inter -parcel connections should be consideredl to provide
adequate circulation and access within the devclopnlent.
5. Auencv Comments. The following agencies shall provide written comillent: 1,7rginiu
Department ofTram yorlalion (1,7)07), and Me Counly:411orney.
G. Apmlication illaterials & Fee. bl addition to the CIOCLI111CIltS already submitted, the
Rezoning Application check list also requires the following items: impact analysis
statement, tax payment verification ClocunlCnt, and power -of -attorney. Based on the fees
adopted by the Board of Supervisors, the rezoning fee for this application would be
S 1,000 as the minor proffer amendment does not requirC a public hearing.
All of the above comments and reviewing agency Conllllents Should be appropriately addressed
before staff call accept this rezoning application for public hearing. The Applicant should verify
with Planning & Development staff application completeness prior to final submission.
Renaissance 65 LC & Renaissance 35 LC
July 20, 2022
Page 2
Please feel free to contact me with questions regarding this application.
Sincerely,
i
N1. Tyler Klein, AICP
Senior Planner
'vITK/pcl
Cc: Renaissance 65 LC & Renaissance 35 LC, c/o The Peterson Companies (Via email to:
koostcrbccic(ct)pc(crsonco.com)
Pro*rty Map - Frederick Co ty, VA
8
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Fredeuck County Information Technologies
107 N Kent St Winchester, VA 22601 "+F
540-665.6614 S
'-car c- Ca:rty does nd grve eny erpressed a rrrpl4d we nen Des.
0 500 1 000 2,000 Feet 1
cond,00ns repvsa tabom rdermtes olany kind, $18fukry or L
oolywwse concarnrgany aall olMeFradenckCountyG15data 112.000
0 •
FREDERICK COUNTY DEPARTMENT OF
PLANNING AND DEVELOPMENT
MAP REQUEST
DATE RECEIVED: 08/30/22
REQUESTED COMPLETION DATE: 09/07/22
REQUESTING AGENT: Pam
STAFF MEMBER: Tyler
TYPE OF MAP: Comp Plan Transportation _
Locator ✓ TDR
Ag & Forest District CIP
Other
PIN: 74-A-68 & 74-A-69
DESCRIPTION OF REQUEST:
Rez. 1107-22 Renaissance 65 LC & Renaissance 35 LC proffer amendment
Thank You!
Submit