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HomeMy WebLinkAbout08-22 Metromont (Zoning Map Amendment) - Stonewall PIN(s) 43-A-22 & 54-A-11 - Backfilei ` REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement � Deed ✓ Impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement_�� a) File opened 1 c7al Reference manual updated/number assigned r' D-base updated 30 CoPy of adjoiner list given to staff member for verification s3 a a Color location maps ordered from Mapping s, -:�o Scan documents to Planning S: drive u (, Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: 1 i7 Da Board of Supervisor§ _Meetiiw ACTION: Signed copy of RVsolution received from County Administi ator and placed in Proffers ?notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated I I ` D-base updated Scanning updated .Application Action Summary updated 1ig la a File given to Mapping to update zoning map 111141 a a Zoning map amended Sys ID # NOTES RECEIPT DATE NO. '��^ S 2y177 320485 RECEIVED FROM 'vim Ado V1dc3n t Lc ADDRESS (1 ZLgk arrehu; l u Sc Zci�o2 t 17i1'f �f_,y) lhbuu J P S-eyelt ft� $ 114l t4�1Z , ocv FOR ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. �I CHECK PAID V BALANCE MONEY DUE ORDER �Cf BV �� —F b 8L808 REZONING APPLICATION #08-22 METROMONT Staff Report for the Board of Supervisors Prepared: November 2, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/21/22 Recommended Approval Board of Supervisors: 10/12/22 Postponed to 10/26/22 Board of Supervisors: 10/26/22 Postponed to 1 1/09/22 Board of Supervisors: 1 1/09/22 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/09/22 BOARD OF SUPERVISORS MEETING: Proposal This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District %with proffers and +/- 24.72-acres (south parcel, PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete manufacturing and storage) in the Stonewall Magisterial District. Summary of Previous Meetings The Planning Commission at tlicir September 21, 2022, meeting sent the rezoning application forward with a recommendation of approval. The Board of Supervisors held a public hearing on October 12, 2022, and postponed action until the next Board meeting. The Applicant requested in writing postponement on October 26, 2022, and it was accepted by the Board of Supervisors to postpone action until November 9, 2022. Updates & Current Application Status A revised proffer statement, dated October 20, 2022, has since been reviewed by Planning and Development staff and the County Attorney. The revised proffer statement, while prohibiting select M 1 (Light Industrial) and M2 (Industrial General) District uses, does not restrict use of the northern parcel (PIN 43-A-22) property to only those uses studied in the Impuct Analysis Statement and Ti•af�ic Study. Thus. as nr000sed, the M2 Zoninp, on the northern parcel without restricting the development of the nro►)erties to onlv those uses studied in the application could result in unmitigated impacts on surrounding properties. However, it is staff's understanding that as of the date of this report the Applicant is working to revise their proffer statement. Any new revisions/changes will be reported to the Board of Supervisors at the meeting. Follms,inu the required nuhlic hearing, a decision regarding this rezoning -application by the Board o Sugervicorr ivould he aL)Iwopriate. The Applicant should he prepared to adeauately address all concerns raised by the Board o 'Supe►•yisons. Rezoning #08-22 — Metromont November 2, 2022 Page 2 This report is prepared by the Frederick County Planning Staff to pronitle in fori»ation to the Plannlilkj Commission and the Board of Supervisors to assist them in making, a tleciSlon Oil tllLs application. It nitty also he useful to others interested in this zoning nutter. Unresolved iSSnCS concerning this application are noted by Staff Where relewint throughout this Staff report. PROPOSAL: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/-24.72-acres (south parcel, PIN 54-A-1 1) from the B2 (General Business) District to the M2 District with proffers for a total of 44.72- acres. LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of' Winchester limits and north of Route 522. NIAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-1 I and 43-A-22 PROPERTY 'ZONING: RA (Rural Areas) District B2 (General Business) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North Parcel (PIN 43-A-22) North: Route 37 South: M2 (Industrial General) Bast: M 1 (Light Industrial) West: M2 (Light Industrial) South Parcel (PIN 54-A-11) North: M2 (Light Industrial) RP (Residential Performance) South: RA (Rural Areas) Last: City of Winchester West: RA (Rural Areas) B2 (General Business) Use: Highway Use: Industrial/Outdoor Storage Use: Manufacturing Use: Vacant Use: Industrial/Outdoor Storage Vacant/Unimproved Use: Vacant Use: Single -Family Detached Residential Use: Residential (SFD) Use: Vacant Rezoning #08-22 — Metromont November 2, 2022 Page 3 REVIEW EVALUATIONS: PIaI niny, & Zonillf;: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the north parcel (PIN 43-A-22) 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. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south parcel (PIN 54-A-1 1) as being zoned B2 (General Business) District. There are not any previously approved rezonings, or other development plans, for the subject parcels. 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 selves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The Comprehensive Plan and Northeast Land U.ve Plan identifies the north parcel (PIN 43-A- 22, currently zoned RA) with an "industrial" land use designation. The parcel is also within the limits ofSWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick Land Use Plait designation for "industrial" uses as it relates to this area of the County. The Comprehensive Plan identifies the south parcel (PIN 54-A-1 1, currently zoned 132) with a "business" land use designation; the south parcel is not within the limits ofany area plan. The parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 Zoning is inconsistent with the plan designation for "business" uses as it relates to the area ofthe County. However, staff'notes the expansion of the existing industrial use onto the subject property may otherwise be appropriate if potential impacts are sufficiently mitigated. Rezoning #08-22 — Metromont November 2, 2022 Page 4 3) Access & Transportation The Impact Analysis Statement notes use of existing commercial site access from Route 522 and Stine Lane (private road)/Route 11, and use of private drives for internal circulation. The existing Route 522 commercial entrance is already improved with southbound left turn lanes and northbound right turn lanes. The Applicant, in their revised proffer statement, further restricted use of one of the Route 522 entrance only to use by utility providers for access/service and not to be used for industrial operations. This proffered restriction otherwise satisfies VDOT's comments. 4) Proffer Statement & Impact Analysis Restriction on Uses The Proffer Statement, revised October 20, 2022, further restricts the use of the property to certain M 1 (Light Industrial) and M2 (Industrial General) District uses. The revised proffer statement, while prohibiting select M 1 (Light Industrial) and M2 (Industrial General) District uses, does not restrict use of the northern parcel (PIN 43-A-22) property to only those uses studied in the Impact Analysis Statement and Traffic Stull. Thus as proposed the M2 Zoning on the northern parcel without restricting the development of the properties to only those uses studied in the application could result in unmitigated impacts on surrounding properties. The southern parcel (PIN 54-A-1 1) has been proffered to restrict M2 uses to only those studied in the application and those necessary to support existing pre -cast manufacturing facility operations: • Offices and storage facilities for building constriction contractors, heavy construction contractors, and special trade contractors; • Outdoor Storage; and Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete manufacturing facility located on the adjoining properties. Buffers & Screening The proffer statement (dated 10/20/2022) and Generalized Development Plan specifies tree save areas adjoining existing residential uses, ensuring that the existing mature vegetation, in addition to any Zoning Ordinance required buffers, is maintained to create a barrier between residential and future industrial uses. Further, between the subject properties and the City of Winchester residents there is also an existing railroad right-of-way that is approximately 12 to 15-feet above grade also serving as a screen. Historic Resources Advisory Board: Please see attached comments from H,'vatl Pearson, AIC'P, Planning Director, clatecl Jule 25, 2022. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney clatecl August 22, 2022. Rezoning #08-22 — Metromont November 2, 2022 Page 5 Frederick Water: Please see attached comments from Eric Laic Fence, Executive Director, dated August 19, 2022. Vlr14inia Department of Transportation: Please see attached comments from VDOT dated August 25, 2022. City of Winchester: Please see attached comments from Tim Youmans, Planning Director, dated August 20, 2022. Frederick County Public Works: No comments. Frederick County Fire and Rescue: No comments. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission held a public hearing on September 21, 2022. Staff' noted in their presentation that a revised set of proffers, dated September 21, 2022, had been received a few hours prior to the meeting and that the outstanding issues outlined in the Planning Commission staff report may be addressed. Staff noted that the items addressed in the revised proffers included: limiting the allowed industrial uses, clarifying points -of -access and restrictions on access from Route 522, and ensuring the proffered tree save area would be required in addition to any Zoning Ordinance requirements for buffering/screening. However, staff' clarified that given the time of receipt for the proffers a thorough review including review by the County Attorney had not been completed prior to the meetinu. The applicant representative also presented and highlighted the tree save areas and existing mature vegetation as a screen to adjoining residential uses, primarily in the City of Winchester. No members of the public spoke during the public hearing. The primary discussion among the Planning Commission was support for the expansion of an existing operation and acknowledging the commitment of the owner to address concerns through the revised proffer statement, subject to acceptance by the County Attorney and Planning and Development department staff. The Planning Commission sent the proposed rezoning application go forward to the Board of Supervisors with a recommendation of approval (1 1-0-2; Commissioners Kozel & Molden absent). BOARD OF SUPER VISORS SUMAIARYAND ACTION FROM THE 10112122 MEETING: The Board of Supervisors held a public hearing on October 12, 2022. Staff' noted a revised set of proffers, dated October 12, 2022, had been received only a few hours before the meeting and staff had not had the opportunity to review or receive comments from the County Attorney regarding proffer Rezoning #08-22 — Metromont November 2, 2022 Page 6 completeness, thus the issues specified in the staff report and subsequent presentation remained outstanding. The applicant representative stated they believed the revised 10/12/22 proffers to be complete and ready for action. Three (3) members of the public spoke in opposition to the application and noted concerns regarding noise and dust from the existing manufacturing/pre-cast activities and potential for exacerbation of noise, dust concerns and of a recurring flooding issue from raising the grade of the south parcel (PIN 54-A-I 1) on their residential properties in the City of Winchester. The Board of Supervisors unanimously voted (6-0-1; Supervisor Wells absent) to postpone action on the rezoning application until the next meeting, October 26, 2022. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 10/26/22 MEETING: No action. Board of Supervisors unanimously accepted Applicant's request to postpone action to November 9, 2022 meeting. Following the reauired public hearing a decision reum-ding this rezoning (lpplication bV the Bom•d of Sul)ery sons would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Y 930 t - NfREDERICK 7�"• ,r NFRED�FRICKPIKE t 1LS LENOIR DR 186 I I �.�:• F` LF' � LENOIR DR • 1 IS WIWAMS` 1437 210 13 Nt CIR 1. 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Future Rt 37 BVDaSS l� �ATFS .� W/i7ki`: �!? THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 October 20, 2022 Roderick B. Williams, Esquire County Attorney County of Frederick, Vi%inia 107 North Kent Street, 3` Floor Winchester, VA 22601 *THOMAS MOORE LAWSON • TLAWSON(a?I.SPLC,('0%1 Re: Metromont Rezoning Our File No. 1477.001 VIA E-MAIL Dear Rod: Following up on our conversation, we have revised Proffer 1.1 to provide that the property that adjoins the existing Shockey property, Cives Steel property and Route 37 shall be zoned M2 but, consistent with what we already represented, shall exclude the specifically identified uses that are by right in the M2 and M I zones. Furthermore, we revised Proffer 1.2 to provide that the currently zoned 132 property shall be zoned M2 but shall be restricted to the three bulleted uses as requested by Staff and the Supervisor. I trust that with these revisions, we have now addressed comments raised by Staff and the Supervisor. Please review the same with your client and get back to me with any comments. Thank you for your continued assistance and cooperation. I look forward to hearing from you. Very ours, T h o as Yto n TML:jk Enclosure cc: Metromont LLC PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 I (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September- 21, 2022, September 30, 2022, October -1-220, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of' Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2. deweIopec-1--a-title-incfustr-ial `�ener=al-land-uses-con,,istent-w-it1�-the-ei:islit eoncrete ma+xIit-y-located-on-thcad. inir�t� hr{�perties-Allowed uses currently under the M2 district are spccilically proflcrcd to be excluded as a principal use as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or frozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion from manufactured to natural gas, Junkyards and automobile graveyards, Manufacturing or wholesaling of explosives, Dry cleaning plants, Cesspool cleaning, Coppersmithing, Septic tank cleaning service, Sewer cleaning service, and Tinsmithing. Allowed uses currently under the MI district are spec iaieall5 prul7crccl to be excluded as a principal use as follows: Canned and cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning plants, Cesspool cleaning, Coppersmithijig, Septic tank cleaning service, Sewer cleaning service, and Tinsmithing. 1.2 The portion of the Property known as Tax Map No. 54-A-11 shall be zoned M2 but shall be proffered to be restricted shall-bc-dc��e4Hped-���it1}-incJu��a=iaf gcnoral !}lnel-use=4-L'Hn4lsiLnt-\\-11h-11}H-(,'�1Sli}7g-prl',(;a41-INi1})}l f clGtlHi Ilg-{-a(=1 111��--1HH'cll(',d-Hn acljoining131t�pe.�}+ics and shah Ise-lczstrietecl-to the following uses: • Offices and storage facilities for building construction contractors, heavy construction contractors, and special trade contractors (SIC 15, 16, 17 and such other designations for the aforementioned activities and SICs as may be utilized by Frederick County in the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees withirl 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-I1 will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees along the eastern boundary of its property (75' fi-om the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for 2 M utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. Fire and Rescue 4.1 The Owner proffers to make a one-time payment to purposes of fire and rescue services in the amount of $0 future building constructed on the Property. [remainder of page intentionally left blank] Frederick County for the .10 per square foot of any 3 Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by My commission expires: Registration number: of KSS LC. NOTARY PUBLIC W. METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by , of METROMONT LLC. NOTARY PUBLIC My Commission expires: Registration number: _ METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT Tax Parcels 54-A-11 and 43-A-22 Stonewall Magisterial District Frederick County, Virginia August 26, 2022 Current Owner: Metromont Corporation KSS, LC Contact Person: Christopher n1ohn, AICP Greenway Engineering, Inc. 151 Windy hill Lane Winchester, VA 22602 540-6624185 Greemeay Iingincering August 4, 2022 Metromont Rezoning METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2, Industrial General District. The subject property includes a 24.72±-acre parcel owned by Metromont Corporation identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00±-acre parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and north of Stine Lane (see the Location Exhibit included with this report). The South Parcel and North Parcel are located immediately south and north of Metromont's existing pre -cast concrete manufacturing facility, which occupies approximately 113.29± acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A- 13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2 District. A pre -cast concrete manufacturing facility is classified under SIC Major Group 32 - Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit included with this report). The South Parcel is currently zoned B-2, Business General District, and is therefore already entitled to develop with general commercial uses. The South Parcel is further served by an existing fiill movement entrance on North Frederick Pike with dedicated right and left turn lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for storage of finished pre -cast concrete product awaiting delivery. File 1139521113 — Impact Analysis statement 2 Greenway Engineering August 4, 2022 Mclromonl Ruoning Site Information Location: The South Parcel (Tax Map #54-A-1 1) fronts on northeast side of North Frederick Pike (U.S. Route 522), immediately west of the City of Winchester. The North Parcel (Tax Map # 43-A-22) fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Magisterial District: Stonewall District Tax Map Numbers: 54-A-1 1 and 43-A-22 Current Zoning: South Parcel, B-2, Business General District North Parcel, RA, Rural Area District Current Use: Undeveloped Proposed Zoning: M-2, Industrial General District with proffers Proposed Use: Concrete Manufacturing (inclusion of' subject parcels in existing Metromont facility; intended activities include trailer parking and storage of finished pre -cast concrete product awaiting delivery to customer sites, and will further enable relocation of existing facility components to improve operational efficiency) Total Rezoning Area: 44.72±-acres with proffers File #39521113 — Impact Analysis statement 3 Greenway Engineering August 4, 2022 Metromont Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 44.72±-acre subject property is located within the UDA. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The entirety of the 44.72±-acre subject property is located within the SWSA. Comprehensive Plan Conformity The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban Areas designates the South Parcel for fixture Business use. The South Parcel is not located within the boundaries of an areas -specific land use plan and has therefore not been considered in the context of a more focused land use study. Given the adjoining manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated for general industrial use, and its development pursuant to the proposed M-2 District aligns with the goals of the Frederick County Comprehensive Plan, notably by promoting the desired ratio of commercial and industrial development to residential and other uses. The North Parcel is located within the study area boundary of the Northeast Frederick Land Use Plan (NELUP). The NELUP is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The NELUP designates the North Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY OF THE SITE Access Primary access to the existing Metromont facility occurs via Stine Lane from its intersection with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing full -movement commercial entrance provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. The existing North Frederick Pike entrance is currently used by trucks/tractor trailers returning from delivery of finished pre -cast concrete product as well as local suppliers delivering aggregate materials to the facility. Metromont envisions that the existing use of this entrance will continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on Pile 1139521113 — Impact Analysis statement 4 Greenway Enginccring August 4, 2022 Melromont Rezoning the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property will occur through the extension of'private service drives from the existing facility. Flood Plains The South Parcel contains areas of' floodplain per FEMA NFIP Map #51069CO208E, Effective Date January 29, 2021. The mapped floodplain is depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The South Parcel contains a stream and wetland areas as identified on the National Wetlands Inventory (NWI) Map information and the Frederick County GIS Database. The mapped stream and wetland areas are depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations, to include provision of the required riparian buffer. The North Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Types The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 17C — Frederick Poplimento Rock 2 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 17E - Frederick Poplimento Rock 15 to 45 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Hic 1139521113 — Impact Analysis Statenrcnt 5 Greenway Engineering August 4, 2022 Metromont Rezoning 29 — Massanetta loam These soils are described as having a slow filtration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils moderately fine texture or fine textures. These soils have a slow rate of water transmission. 35 — Pagebrook silty clay loam These soils are described as having a very slow infiltration rate (high runoff potential) when wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very slow rate of water transmission. The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 14B - Frederick Poplimento loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 14C - Frederick Poplimento loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water- transmission. 16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. File P39521113 — Impact Analysis Statement 6 Greenway Engineering August 4, 2022 Metromonl Rezoning Other Environmental Features The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is also located in the geographic portion of the County that is underlain by karst geology. These environmental features will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. However, like the South Parcel, the subject property is located in the geographic portion of the County that is underlain by karst geology. This environmental feature will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. SURROUNDING PROPERTIES Adjoining property zoning and present use South Parcel (Tax Map #54-A-11): North: M-2, Industrial General District B2, Business General District RP, Residential Performance District South: B2, Business General District East: LR, Low Density Residential (City of Winchester) West: B2, Business General District RA, Rural Area District Use: Industrial/Preserved Open Space Use: Residential Use: Railroad/Residential Use: Undeveloped Adjoining property zoning and present use North Parcel (Tax Map #43-A-22): North: RA, Rural Areas District South: M-2, Industrial General District East: M-1, Light Industrial District West: M-2, Industrial General District Use: Residential Use: Industrial Use: Industrial Use: Undeveloped Pile 1/39521113 — Impact Analysis statement 7 Grcen ay lingincering August 4, 2022 Metromont Rezoning TRANSPORTATION The proposed rezoning will enable increased land area for operation of the existing facility, primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned acreage will also provide Metromont greater flexibility in the configuration of the facility's existing components, enabling complementary elements to be moved in proximity of each other, which will enhance overall operational efficiency. However, the proposed rezoning will not result in any intensification of traffic generated by the facility, as it will generally maintain existing production capacity, employee counts, and delivery schedules, which are ultimately driven by prevailing market conditions. As outlined previously, primary vehicular access to the existing Metromont facility occurs via Stine Lane, which is a private access easement road that extends to the site from its intersection with Martinsburg Pike (U.S. Route 11). Additionally, the South Parcel has an existing fiill movement entrance on North Frederick Pike (U.S. Route 522) with dedicated right and left turn lanes, which is currently used by local suppliers for delivery of aggregate materials to the facility as well as trucks returning to the facility following delivery of finished product to customer locations. These existing entrances will continue to be provide vehicular access to the facility consistent with current practices. Vehicular access between the multiple parcels comprising the existing facility occurs via a network of internal private travel ways, which already interconnect with the South Parcel and will be extended to the North Parcel. Based on the conditions described above, the proposed rezoning will not have any measurable impact on the external road network serving the subject property. SEWAGE CONVEYANCE AND TREATMENT As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new sewer connectivity. WATER SUPPLY As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new water connectivity. Pile t'39521113 — Impact Analysis Statement 8 Grcemeay Enginecring August 4, 2022 Metrommnt Rezoning SITE DRAINAGE Topographic relief on the South Parcel generally follows a southwest to northeast pattern that directs drainage towards the rear of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Topographic relief on the North Parcel generally follows a west to east pattern which directs drainage towards the east side of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The South Property is indicated by Virginia Department of Historic Resources (DIJR) and Frederick County GIS records as containing a resource identified as Liberty Hall (DIIR ID 034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as an example of the Italianate style of architecture by the Rural Lauchnarks Survey Report of Frederick County, Virginia (Phases 1-111, 1988-1992). The dwelling itself no longer exists on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S. Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory structure, which appears to be more than 50 years old, but otherwise does not have any historical or architectural significance. To the northwest of the South Parcel is a preserved Civil War resource known as Star- Fort (DHR ID 034-0322) and the adjoining Star Fort 2 tract (DIJR ID 034-5023). Star Fort played a role in both the Second Battle of Winchester and Third Battle of Winchester (Opequon) and is within the study areas of each battlefield. The site has been preserved as a battlefield park open to the public that is owned and maintained by Shenandoah Valley Battlefields Foundation. Tile site is largely wooded but has cleared areas for public access/walking. The existing Metromont facility is in the viewshed of these resources, as are other areas of suburban style development. As noted previously, the South Parcel is already entitled to develop under- the B-2 District, and rezoning to the M-2 District is therefore consistent with development expectations for the area adjoining the Star Fort sites. The South Parcel and North Parcel are located within the study areas of the Third Battle of Winchester and Second Battle of Winchester- study areas, respectively, as identified by the National Park Service Study c?f Civil Wm- Sites in the Shencmcloah 11'(Wey. The South Parcel is within the core area of the Third Battle of Winchester battlefield, and both parcels are outside but adjacent to the core area of the Second Battle of Winchester battlefield. However, the NPS Study indicates that the subject parcels are within portions of the study areas that have Pile 1139521­113 — Impact Analysis Statement 9 Greenway Engineering August 4, 2022 Metnnnont Rezoning lost historic integrity due to existing development patterns. As such, the proposed M-2 rezoning will not create any negative impacts to identified resources. Pile I.39521113 — Impact Analysis Statement I0 NN Lj J GLENTAWBER-RD� GLENTAWBER RD h __O Ri �FNo f` CO 4C. ;2 F► Legend QProposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits Future Proposed Rt37 Bypass *— Railroads .1pN' RT37S RT 37. N Ij 54A11 54 A 14 54 A 12 54 A 13 43A22 54 � r . A 15A 54A17 0 � O ENTAWBER'RD"� — GLENTAWBER RD— Y RT 37 S RT 37 N 7 O, \ SENTRY CT 54A14 W R CT o �S F� Teti 54 A 13 i 54Al2 Legend Proposed M2 Parcels Metromont Existing M2 Parcels JWinchester Limits 1� 43 A 22 0 _ o 54 i 0 Z GL-ENTAWBER-RDL S O � O ir CO Q O PRE\NG� O NOR\ c��Rk ��<• . I GLENTAWBER R[ � v' 1CJ�v/ 832 � G h 721 2/ j 410 S RT v Stine House .lr= tiJ Q 4P Legend F77Third Battle of Winchester \1 RT 37 S SENTRY cT CO lu Cq �•�e � lFR �T o Q. ---- S F� F� O,Q Star Fort • RT 54A14 54Al2 43A22 54 ---, r 54 A 13 54 A 15/54 �\7 7654 EE;g VE � � I I� / iT jji ` L' r 1 1480 Commerce Park Drive, Suife 450 L 11 ., r,3} Reston, VA 20191 f� J &ASSOCIATES P 703.885.8970 August 10, 2022 To: Timothy Rhodes - Land Development Engineer VDOT Edinburg Residency 14031 Old Valley Pike, Edinburg, VA 22824 From: Andrew Butsick, P.E.; John Callow CC: Thomas Moore Lawson, Esquire -Thomas Moore Lawson, P.C. RE: Metromont Corporation Rezoning Project# 27884 Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the potential transportation -related impacts of the proposed Metromont Corporation Rezoning in Frederick County, Virginia. The site, located along Stine Lane, is shown in Attachment A. The existing Metromont site (Tax Map Parcels 54-A-12, 54-A-13, 54-A-14, 54-A-15, 54-A-15A, and 54-A 17) consists of 113.29 acres of M-2 (General Industrial) occupied by a precast concrete plant and associated storage yard. The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning two adjacent parcels (Tax Map Parcels 54-A-1 1 and 43-A-22) from B2 (General Business) and RA (Rural Area) to M2 to match the current site. These two additional parcels, which represent an additional 44.74 acres, would be used for additional storage to help improve on -site circulation. They are not intended to expand or augment current operations, and as such, the rezoning would not result in an increased frequency of off -site vehicular trips to the adjacent roadway network. Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike). Therefore, as proposed as part of this rezoning, no changes are anticipated to the operational and safety performance of the adjacent roadway network. The subsequent sections of this memorandum provide additional information regarding the current and proposed operations of the site. Site Access The existing Metromont site is served by three access points: • One full -movement entrance on Stine Lane • One full -movement entrance on US 522 (North Frederick Pike) • One right -in, right -out entrance on US 522 The full -movement entrance on Stine Lane serves as the primary point of ingress and egress for employees, incoming materials delivery, and outgoing deliveries of finished products trips. A small percentage of employees and incoming deliveries utilize the full -movement entrance on US 522 based on the origin of Kittelson & Associates, Inc. August 10, 2022 Page 2 Metromont Corporation Rezoning Transportation Assessment their trip. All outgoing deliveries, including permitted loads through VDOT, utilize the full -movement entrance on Stine Lane to access US 11 (Martinsburg Pike) and 1-81 to the east. With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the rezoned and existing property will remain at the existing three access points. Site Trips and Operations Existing trips to and from the site can be characterized in three categories: • Employees: The existing site employs 377 workers, who are split across two shifts Monday through Friday. Approximately 77 of these employees are temporary workers who are housed in local hotels and carpool to and from the site. • Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement, aggregate, and sand per day for processing in the concrete plant. • Finished Product Deliveries: An average of 60 loads of finished product exit the site each day. The vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT. The majority of these trips use the full -movement access on Stine Lane via US-1 1, while a small percentage use the full -movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522. As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or outgoing deliveries of finished product are anticipated. Additionally, no changes to the distribution of site - trips between the three entrances are expected. Therefore, no changes to off -site operational performance are anticipated with the proposed rezoning. Safety Performance To evaluate the existing safety performance of the site entrances after the proposed rezoning, the most recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site entrances. The crash data was obtained from VDOT's Pathways for Planning tool (Reference 1). Figure 1 illustrates the crash types occurring within close proximity to the site entrances, while Figure 2 illustrates the severity by intersection. Attachment B contains the crash history data obtained from the Pathways for Planning Portal. Kittelson & Associates, Inc. August 10. 2022 Metromont Corporation Rezoning Figure 1. Crash History near Metromont Corporation Rezoning site (January 2019 -December 2021) o. r, •:�,ti;t •'•' SIT f, SITE _ Page 3 Transportation Assessment Kittelson is Associates, Inc. August 10, 2022 Metromont Corporation Rezoning Page 4 Transportation Assessment Figure 2. Crash Severity near Metromont Corporation Rezoning site (January 2019 -December 2021) .j 0 US I I /Stine Lane ■ Fatal ■ Injury f' X) No crashes reported US 522/Full-Movement US 522/Right-in, Right -Out Entrance Entrance As shown, a single crash was reported at the US 1 1 /Stine Lane intersection during the three-year study period. The angle crash occurred between a tractor -trailer attempting a left -turn out of Stine Lane and a northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in traffic on US 11, resulting in the property damage only crash. The crash does not appear to be related to insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample sight lines in either direction on US 11 given the relatively linear alignment in this segment. The Stine Lane approach serves multiple industrial uses along Stine Lane. A single crash was reported near the right-in/right-out entrance on US 522: however, the head-on collision does not appear to be related to the site entrance. The injury crash occurred when a southbound passenger vehicle crossed over the centerline and struck a northbound passenger vehicle. No crashes were reported during the three-year study period at the full -movement entrance on US 522. Given no increase in the frequency or nature of site -related trips are projected with the rezoning of the Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a result of the proposed rezoning. Conclusions The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips generated by the site or changes in site access relative to existing conditions. The rezoned parcels will serve as additional storage for existing (not augmented or expanded) operations. As such, the existing transportation network can adequately accommodate the proposed rezoning. References 1. Virginia Department of Transportation. Pathways for Planning Portal. Accessed July 21, 2022: https1Jvdotp4p,cornJview Kittelson & Associates. Inc. DOCUMENT NBR CRASH_DT CRASH_MILITARY_TM COLLISION TYPE DRIVER ACTION TYPE CD DRIVER_INIURYTYPE RTE NM 193055255 2019-10-31 110413. Head On 37. Otherl. No Improper Action PDO;B R-VA U500522NB 200495313 2020-02-171 105712. Angle 11. No Improper Action;22. Disregarded Stop or Yield Sign PDO;PDO R-VA USOOOIINB LEGEND - '�,�� - x� t-� • . PROP. INDUSTRIAL ; �' ri' __ `• •� ^ s y " 1� ►� GENERAL LAND USES EX. METROMONT M2- [ TREE SAVE .,' -- EXISTING STINE LANE 1 •� .� .,. •r ;� • �� ' mvncrss ae 200 0 2'a00 art ,:=.�i. SCALE 1- - 200' ACnfF 1L 5! ''--w 'y • t ' I T - EX �' \ \ \ tt + j �� a ,� `M :�• - . .: .'. � 3,,•, � � . � ,�,,,. , , � • ram,.. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 25, 2022 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.0 Box 2740 Winchester, VA 22604 RE: Request for Historic Resources Advisory Board (HRAB) Comments Metromont Rezoning Application Zoning: RA (Rural Areas) District Property Identification Numbers (PINS): 54-A-11 & 43-A-22 Magisterial District: Stonewall Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their meeting on July 19, 2022. This application seeks to rezone two parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike (Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion of the existing Metromont pre -cast concrete facility. Following their review of this application, the HRAB recommended the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB recommended the applicant consider leaving buffers along the northwestern edge of the southern parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a historic resource. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, Wyatt Pearson, AICP Director of Planning & Development WGP/pd cc: Gary Crawford, HRAB Chairman Tyler Klein, Frederick County Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a.j4_-IV C, I r Rezoning Comments t i(-jdviu;K COU11ty publtt: Works & Inspeclion'R Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: 540-662-4185 Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current zoning: B2 and Ra Zoning requested: M? Department of Public Works Comments: Public Works Signature & Date: Acreage: 44.72 Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments RECEIVED AUG Z O Vj 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. Applicants Name: Greenway Engineering, Inc. Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current Zoning: B2 and Ra Zoning requested: M2 Acreage: 44.72 Fire Marshal's Comments: Fire Marshal's Signature & Date: _�� _ a Z 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 Shockey Precast, a Metromont Company 219 Stine Ln Winchester, Virginia 22603 Phone: 540-401-0101 Engineering Firm : Greenway Engineering Received Date: 08/10/2022 Review Begin Date: 08/18/2022 Review End Date: 08/18/2022 Hours: 1.0000 Occupancy Type: Property Use: Activity Number: Review Cause: Project Name Metromont Rezoning Comments: No comments. Adam Hounsheil Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 08/18/2022 i Manufacturing i Manufacturing 1081063 Application Page 1 of 1 From: Eric R. Lawrence To: Chris Mohn Subject: Metromont Rezoning agency review comment Date: Friday, August 19, 2022 1:57:16 PM Chris, Thank you for providing Frederick Water the opportunity to provide comment on the Metromont Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to rezone two properties (PIM #43-A-22 and 54-A-11) to the Industrial General (M2) Zoning District. The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy may utilize Frederick Water's public water and sewer services. The application states that connection to and use of the water and sewer services is not required, and similarly does not provide any water and sewer demand projections. Because the application does not require, nor propose to, use the water and sewer services, Frederick Water provides no guarantees nor assurances that public water and sewer services and its capacities are available for use on the property. Should the properties elect in the future to connect to Frederick Water's water and sewer services, the property owner, at their costs, will need to demonstrate that adequate capacities are available and facilitate the extension of water and sewer services to the site. Thank you. Eric Lawrence Eric Lawrence Executive Director d FREDERICK : 540-868-1061 x117 WATER a elawrence@frederickwater.com C 315Tasker Rd, Stephens City, VA 22655 Chris Mohn From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, August 26, 2022 1:10 PM To: Chris Mohn Cc: David Stewart; Tyler Klein; Wyatt Pearson Subject: RE: Metromont Rezoning - Frederick County Chris, I did receive the rezoning application on August 10"' for City commenting and did conduct a brief review of the proposal. I do have concerns with the rezoning given the close proximity of some low, medium and high density residentially zoned and developed City neighborhoods in relatively close proximity to the subject tract. I noticed in the Impact Analysis Statement that it states on p. 2 that "Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage." On p.3 it states that the intended activities include trailer parking and storage of finished pre -cast concrete product..." I also noticed that, in the Proffer Statement, it states in 1.1 "The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties." I don't believe that the statements of intent contained in the Impact Analysis provide much assurance as to what could occur on the property long term versus what the current owner intends to do. Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast concrete manufacturing operations arising from this rezoning. I believe that the proffered 100' wide dimensional buffer and obligation to preserve the mature existing deciduous trees within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product storage (assuming that spillage of site lighting is mitigated with year-round screening). I do not believe that it would be a sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier and perhaps taller manufacturing operations such as what appears in the two images below could be allowed. . _�--,; .-- . ';'� .y � I would also note that mature trees do eventually die off or get destroyed during natural weather events despite best efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods? One other observation with regard to the 100' wide buffer adjacent to the CSX RR right-of-way that I would bring to your attention is that there are not many mature trees within the 100' wide swath as scaled out from GIS mapping in the scanned map image below for the portion of the tract adjoining the homes ranging from 909-1007 Pennsylvania Avenue in the City. This is where an existing unimproved roadway traverses the site approximately 50' away from the RR right- of-way and thus few or no existing matures trees within about half of the proposed 100' wide buffer area. Some of the existing matures trees appear to be within the 60' wide CSX right-of-way where Metromont would have no authority to preserve the trees. Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear feet) north of where the City's Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance reads: "This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access corridors leading into the designated local and national Historic Winchester (HW) District. Such entryways warrant special attention and controls because they promote the general welfare of the community by attracting visitors and generating business through heritage tourism -based economic development. Enhancement will occur through regulation and guidance of site development including, but not limited to: sidewalks, off-street parking, signage, landscaping, mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken wall planes, facade enhancements, and porches, thereby enhancing the overall appearance of the corridor, while improving access along the corridor through increased wolkobility and interconnectivity." While the City's recognizes that there are no extraterritorial provisions associated with City zoning designations that would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as viewed from the Rte 522 public right-of-way in conjunction with this request beyond what might otherwise be the minimum requirements of properties zoned M-2 in Frederick County. I did not see under Section 2 of the proffer statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts along the property frontage. Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was hoping to be able to discuss this with our City Planning Commission at the Commission's work session on September 6th. Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief conversation with one of them about this. I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly attributable to the proposed rezoning of these properties. Thank you, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email: timothy.youmans@winchesterva.gov V�Tincr Peter-� www.vincliestei-va.gov/Planning From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Thursday, August 25, 2022 9:19 AM To: John Bishop Cc: Rhonda Funkhouser; Chris Mohn; Johnson, Joseph; Lineberry, Jeffery Subject: Metromont Rezoning John, We have completed our review of the rezoning application and associated transportation assessments and traffic impact statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning, it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522 in the June 30"' email below. The Traffic Assessment prepared by Kittleson & Associates, dated August 10, 2022, is advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We encourage the county to take this into consideration as part of this land use decision. Please let me know if you have any questions or would like to discuss. Thank you, Timothy Rhodes VDO"I'—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 From: Timothy Rhodes To: Chris Mohn Cc: Rhonda Funkhou5LU John Bishoo; Matthew Smith; Lineberry, )effe Subject: Metromont Follow -Up Date: Thursday, June 30, 2022 12:44:36 PM Chris, As a follow-up to Tuesday's meeting, VDOT staff has discussed the proposal and does not feel a full blown TIA would be needed for this rezoning. We believe a limited scope traffic analysis would be appropriate. Some items necessary for review would be as follows: • Please show the difference in trip generation with the proposed rezoning. • Please provide anticipated volumes and graphics to show the movements. • An entrance and safety operations analysis should be provided. • We recommend the secondary access on Rte. 522 be closed. This is the northernmost entrance and is located within the taper limits. This location also currently has large concrete blocks in the area of the guardrail, alongside of the road. These blocks need to be moved away from this area, outside of the clear zone. Please provide this information back to me for review. If you have any questions, please feel free to give me a call. Thanks, Tintotlzy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 i o be compiecea by Ylonnung stajJ: Zoning Amendment Number Date Received Pee Amount Paid Anticipated PC Hearing Date Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than hvo owners): Name: Metromont LLC Specific Contact Person if Other than Above: Chris Pastorius Address: P.O. Box 2486, Greensville, SC 29602 Telephone: 540-665-3239 Name: KSS, L.C. Email: cpastorius@metromont.com Specific Contact Person if Other than Above: Katherine Solenberger Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323-0221 Email: ksolenberger17@gmail.com 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 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 finn or person such authority. 12 4. Project Name (if any): Metromont Rezoning 5. Property Information: a. Property Identification Number(s): 54-A-11 and 43-A-22 b. Total acreage of the parcel(s): 44.72+/- c. Total acreage of parcels) to be rezoned (if other than whole parcel(s) is being rezoned): 44.72+/- d. Current zoning designation(s) and acreage(s) in each designation: (54-A-11, B-2, 24.72) (43-A-22, RA, 20.00) e. Proposed zoning designation(s) and acreage(s) in each designation: (54-A-11, M2, 24.72) (43-A-22, M2, 20.00) f. Magisterial District(s): Stonewall g. Location - the property is located at (give street addi•ess(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 980 North Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane h. Adjoining Properties: Parcel ID Number Use Zoning See attached Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ ins(rument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of eacli 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. Metromont LLC: Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605 KSS, L.C.: Katherin Solenberger; P.O. Box 1901, Winchester, VA 22604 Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ® Location Map ® Plat Depicting Metes/Bounds of Proposed 'Zoning ® Impact Analysis Statement ® Proffer Statement (if any) ® Agency Comments ® Fee ® Copies of Deed(s) to Property(ies) ® Tax Payment Verification ® Digital copies (pdPs) of all submitted items 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 Plan -ring Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: --- ------ M�-__ _. __ Date 7--/11 If signing on behalf of an entity, please state name of entity and your title: 1�•fl w+r.�, l . Lo- �.... tl� Ir G IA Owner: Date . If signing if 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. 15 FREDERICK COUNTY ADJOINERS LABEL TAX MAP If OWNER NAME 1 43 A 55A CIVES CORPORATION 3 54 A 14 METROMONT CORPORATION 4 54 A 15 METROMONT CORPORATION 5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 30 54 A 10 SLIWINSKI HENRY F 31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 32 53 A 60 SREIT AUTUMN WIND LLC 33 54 A 12 METROMONT CORPORATION 34 45 A 1 SHENANDOAH VALLEY BATTLEFIELDS CITY OF WINCHESTER ROUSS CITY HALL ATTN TIM YOUMANS 43-A-28A STEPHEN PHILLIP WILLIAMS LLC 43-A-23 OSCAR JENKINS 43-A-26A BROWNING-FERRIS INDUSTRIES 43-A-21 HORIZON STONEWALL 4A OWNER LLC MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 210 CIVES LN WINCHESTER VA 22603 PO BOX 2486 GREENVILLE SC 29602 PO BOX 2486 GREENVILLE SC 29602 3724 LINDA LN ANNADALE VA 22003 942 N FREDERICK PIKE WINCHESTER VA 22603 801 FAIRMONT AVE WINCHESTER VA 22601 591 PUTNAM AVE GREENWICH CT 6830 PO BOX 2486 GREENVILLE SC 29602 PO BOX 897 NEW MARKET VA 22844 15 N CAMERON ST WINCHESTER VA 22601 PO BOX 2556 WINCHESTER VA 22604 425 LENOIR DR WINCHESTER VA 22603 PO BOX 29246 PHOENIX AZ 35038 3343 WESTCHESTER PIKE NEWTOWN SQUARE PA 19073 CITY OF WINCHESTER ADJOINERS LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 6 114-01-130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01-129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01-127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601 10 114-01-126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625 11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01-122 DAVE HOLLIDAY RENTALS 120 W 1UBAL EARLY DR, STE 1G WINCHESTER VA 22601 15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07-118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07-117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06-19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06-18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601 24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06-15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601 27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06-10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 COG Special Limited Power of Attorney c4 �� County of Frederick, Virginia v. Frederick Planning Website: www.fcya,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: Metromont LLC Name of Property 0wncr/Applicant Plcase note: If the property owner/applicant is an entity, the name of Uic cnlity should appear above. If multiple persons own the property or arc applicants, an executed power of attoniey from ench owner will be needed. P.O. Box 2486, Greensville, SC 29602 640.665-3239 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: 54-A-11 do hereby make, constitute, and appoint: Thomas Moore Lawson, P.C. Name of Attorney -In -Fact P.O. Box 2740, Winchester, VA 22604 540.685.0050 Mailing Address of Altorney-In-fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have If acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: ing, 0 Rezoning Subdivision ❑ Conditional Use Permit U Site Plan ❑ Master Development Plan (prelim. or final) R Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority too 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 resc' o nodi , it, Signature _ Title (if signing on a to o an entity (/ State of � 1 tC,. , County/Gity of, Efe ir�r 1�.t'. _ _. , To wit: 1, &✓1 -T. p1)Lt)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 me in the 'urisdiction aforesaid this I ` day of 'jjjH 20d My Commission Expires: Ib b j Notary Public CN ''�J Registration Number:�j , qb �S •. % Q .•'•NOTARY' PUBLIC REG # 324329 b EXPIRES 2 10131/20 0 ....�••Q `� �•.�e� ru•C1F ..� 4c� coG� Special Limited Power of Attorney a County of Frederick, Virginia Frederick Planning Website: www1eva.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: Metromont LLC Name or Property Owner/Applicant Nease note. If the propertyowner/apphcnnt is an entity, the name of the entity should appear above. If multiple persons own Ore property or are applicants. an executed puwcr of attomcy from each o%vncr will be needed. P.O. Box 2486, Greensville, SC 29602 540.665-3239 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: do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane, Winchester, VA 22602 Mailing Address of Attorney -In -Fact 540-662.4185 Telephone Number to act as my true and lawful attorney-iii-fact for and in my name, place, and stead, with the same fall power and authority I would have if acting personally, to file and act on my behalf witli respect to application with Frederick County, Virginia for the followfor the above identified property: F✓ in , Rezoning Subdivision Conditional Use Permit U Site Plan Muster 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 resci pr inodi Signature. Title (if signing on behalf of an entity) State of (()Ic� , eountyi�or acdPi 1C.�' , 'Co +vit: i, Ai I�t 1 T . �t _ , 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 sayyie before me in the_ jurisdiction aforesaid this i day of:, - llt, , 200 My Commission Expires: 10 51 au _. Registration Number: 3'ic 3,tCI N sz4329 EXPIRES 013 """CAI ru nF ..0 c� CO Special Limited Power of Attorney 4 G�� County of Frederick, Virginia Frederick Planning'Website: wwwAva.us 4 If11 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: KSS, L.C. Name of Property Owner/Applicant Please note; I rlbe property owner/applicant is an entity, the ❑arnC Or the CnIity should appear above, I rmuItiple persons own the property or arc applicants, an executed power of auomey from each owner will be needed P.O. Box 1901 Winchester, VA 22604 540-323.0221 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tracts) or parcel(s) of land In Frederick County, Virginia, identified by following property identification numbers: 43-A-22 do hereby make, constitute, and appoint: Greenway Engineering, Inc, Name of Attorney -In -Fact 151 Windy Hill Lane, VVinchesler, VA 22602 540.662-4185 Mailing Address of Attorney-In-I'acl Felephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: ❑✓ Rezoning in , Subdivision Conditional Use Permit U Site Plan Master Development Ylan (prelim. or final) F1 Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one ar from the day that it is signed, or at such sooner time as I otherwise resci or modify it. Signature Title (if sigl : ig on be] if of n entity) 04W.4, %f State of V train IA. , County/city of Fuda ICY- , To wit: 1, t r Y f�J , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before nie and has acknowledged the s me before me in the jurisdiction aforesaid this. �` day of,Di, 20k- t ,1164111it" ! My Commission Expires: _(0 31 t Off---_ N � c . 7, 40 o0. Registration Number: ?) Li P.•' NOTARY PUBLIC REG # 324329 hly COUNLSSION 2 10/31/20 'vF �'��,�� ALTH_0 . It.�' ti�K cpo Special Limited Power of Attorney 04 �� County of Frederick, Virginia Frederick Planning Website: wivrir,Ava.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: KSS, L.C. Name of Property Owner/Applicant Please tote: If the property owner/applicant is an entity, the name of the entity should appear above. If mulllple persons own the property or are applicants, an executed power of attorney from each owner will be needed. P.O. 8w 1901 Wlnchesler, VA 22004 540-323.0221 ,Mailing Address of Property Owncr/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: 43-A-22 do hereby make, constitute, and appoint: Thomas Moore Lawson, PC. Name of Attorney -In -fact P.O. Box 2740, Winchester, VA 22t304 540-665.0050 Mailing Address ofAltorneyin-fact Telephone Number to act as my true and lawful attorney -in -fact for and In my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: F✓ i, Rezoning Subdivision Conditional Use Permit U 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 yea • r he day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signi g on a 1a t et y State of�.LL1lA , Count)/ty of t"rf' (�l C' I (. To wit: 1,,-I r,f;f1 �. ( )1J,i , 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 me in the jurisdiction aforesaid this (`' day of My Commission Expires:--.- 6N 7, Notary Pub is �`'P�,� ,.•••••• �p ''; Registration Number: 31 il_-Rd NOTARY •'•,� PL'@LIC • RE G # 324329 n MY COMA 'SSION T 10131120V • �; ."��ALTH �F�•`'�,, �'rr1rr11WO,� IrcdrncL IImli 1' 1'l;dl-'.l i ck III I}/ VI II m ('1 1-iit ,tt nit 1;�1� Pay/Lookup 'fates '.,•, mpflt Holm. Real I �,Litu Uor) Iry" Pn", P<ukin<) Viol'Illoli 0Ilu'1 Pdy[11wit" "hopinr'y( orl(U) Pin Options C h,tiux' [ r•,,ail Inquiry of Real Estate Map Number: 54 A 11 View Mail Name: METROMONT CORPORATION View ill View Back of Bill \ccounU• 8015252 8015252 8015252 8015252 11())u! RE2021 Rli2021 RE2022 R1:2022 Ir6ct;; 27710 27710 27179 27179 tieg4 1 2 1 2 Duc lhlte 6/7/2021 12/6/2021 6/6/2022 12/5/2022 Iht.rilcd Inlorm:rtion 1( lick Itclon) 2021 REAL GSTATI: 2021 REAL 1?STAIR 2022 RI?A1, FSTATIi 2022IWAI.I:S"fA'fl? :Amount Uuc S0.00 50.00 S0.00 54,527.42 ViewBill View Back of Bill ViewBill View Back of Bill Total Due: $4,527.42 Return to Search F�cdrnrl,llum� i�1�t�ck,,1 ick C. mility V il'C' is �J11 .11 r11r 7,�, tD l'a),/Lookup 'faxes r',Iyllwnt Ilome Pe,u,n,il Plopelt", Real Estate Puq Iry, Pay P,iikmo Viol'ItIoll tWwi Payments Shol pmq(,irt(0) Pin Options C f'ai,ne E �n,�il Inquiry of Real Estate Map Number: 43 A 22 View Map Name: KSS LC \ccount UcpU: Iir6ctr; SC(IV Uue Uatc DOnilcd Inlaruwtion (('lid, Ilclol)) Unount Uuc . ViewBill View Back of Bill 8008520 RE2021 13490 1 6/7/2021 2021 REAL. FSTIVI ; SO.00 ViewBill View Back of Bill 8008520 RE2021 13490 2 12/6/2021 2021 REA1, IiS"I'A"1'F. SO.00 ViewBill View Back of Bill 8008520 RE2022 22179 1 6/6/2022 2022 RI?AI, FSTA"I'F, SO.00 8008520 RL2022 22179 2 12/5/2022 2022 RI?AL F.STA"I'I? S19.82 Total Due: $19.82 Return to Search 210021532 r s ow'".V' ry CERTIFICATE OF FACT I Certfty the Followingfrom the Records of Lhe Commission: The records of'dlis office show oil November 23, 2021, MM Stine Lane, LLC, a Sout►l Carolina limited liability company registered to (:ransact business in Virginia, filed in the Office of'Lhe Secretary of State of South Carolina, articles of merger, merging MM Stine. Lane, LLC into METROMONT CORPORATION, a South Carolina corporation registered to transact business in Virginia, a duly authel•Iticated copy was, f iled in the Clerk's Off -Lee of the Commission on December g, 2021. Nothing more is hereby certified. Signed and Scaled at Richmond on Lhis Date: December 20, 2021 VIRGINIA: IREDERICK COUNI'Y, SCI'. . This instrument of writing was produced to me on 1 a, a-7- a) . :tt -3 ; oo 190) and with certificate of acknowIddgemenl thereto annexe) was admitted to record. Tax imposed by Sec. 5ft.1-802 of it S_L�C r! and 58.1-801 have been raid, if assessable �-CERTIFICATE NUMBER: 2021 122016804804 k cD ter_, C. C- C, TM- S DEED made and dated this 3111 day of January, 2018, by and between SHOCKE'Y BROS. INC_ (alu Shockey Brothers, Inc,), a Virginia corporation, party of the first part, hereinafter Grantor, and MM STINE LANE„ LLC , a South Carolina limited liability company, party of the second part, hereinafter Grantee. WITNESSETII: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey wit], Special Warranty of title, unto the Grantee, all of its right, title and interest in and to those certain parcels of land, together with improvements thereon and all rights, rights of way and appurtenances thercunto belonging, situate in Stonewall Magisterial U S � District, Frederick County, Virginia, more particularly described on Exhibit A attached hereto and O [= ` =r o incorporated herein by this reference. o Reference is here made to the aforesaid instruments and the attachments and the references > therein contained for a further and more particular description of the property hereby conveyed. u This conveyance is made subject to all casements, restrictions and conditions of record and oS contained in the deeds forming the chain of title to the above -described property provided, however, � $ 7 a that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record N O " that may have expired or lapsed. v C •n N o C7 U F c c-� w t:...D co WITNESS the following signature and seal: Shoe key Bros.isgi 'a.eof7i B (SEAL) Y= J. Ia 1 hoc , Jr., airman COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 31 "t day of January, 2018, by I)onald Shockey, Jr., his capacity as Chairint of Shockey I3ros, Inc., a Vir inia corporation. o ary u tc My Commission exp.0 ` 1 a {)(n Notary Registration p9rtllse L. Thomas NotnrY Nubile C pt t getth of Virginia 139068 This I?ccd Prepared by: W � «opslon explros Auoust37 .0019 H. Edmunds Colcmnn, III, Esq. VSI3 015449 Dryan & Coleman, PLC 1 18 South Braddock Street Winchester, VA 22601 Tel: (540) 545-4172 L:\Shockey Bros to MM StinctDeetl (Rnnl) I-31-I8.doc EXtUDI r A PARCEL ONE: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 24.7426 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Lester A. Elliott, Jr. Estate and Lester A. Elliott, Jr. Estate &c Carlin L. Smith, Et Ux" dated June 9, 1995, prepared by S. W. Marsh, L.S., attached to and recorded with that certain Deus dated June 23, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 841, at Page 1576; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 23, 1995 from Carlin I.. Smith, individually and as Executor tinder the Will of Lester A. Elliott, Jr., Deceased, and Georgic 17. Smith, his wife, and Georgic E. Smith, Lynn E. Reed, Lester A. Elliott, 111, Aubrey C. Hall, 111 and Holly S. Nichols, formerly known as Holly S. Hall, beneficiaries of the Estate under the Will of Lester A. Elliott, Jr., deceased, recorded in the aforesaid Clerk's Office in Deed Book 841, at Page 1576. ']['MP No. 54-A-11 980 N Frederick Pike Winchester, VA 22603 PARCEL TWO: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 27.192 acres, more or less, as described in the "Area Tabulation" on that certain Final Plat for Boundary Line Adjustment Between the Lands of Shockey Bros., Inc., prepared by Grecnway, Inc, dated July 25, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 843, at Page 130, and being an aggregate of the 26.5102 acres, as shown on that certain plat and survey of R.M. Bartenstein &c Associates dated May 21, 1964, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 304, at Page 579, and more particularly described as Parcel 4 and a portion of Parcel 4A on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L,.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING all of Parcel One and part of Parcel Two that were conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. TMP 54 A 12 217 Stine Lane Winchester, VA 22603 PARCEL TInZEE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 4.3668 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Off -ice of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid c=� Clerk's Office in Deed Book 575, at Page 583. w TMP 54 A 13 219 Stine Lane t- Winchester, VA 22603 CD PARCEU, FOUR: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 44.28 acres, more or less, as shown on that plat and survey prepared by Lee A. Ebert, C.L.S., dated November 7, 1973, attached to and recorded with that certain Deed dated November 30, 1973, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 421, at Page 623, and more particularly described as Parcel 7 on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Officc in Deed Book 575, at Page 572; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688, less and except 0.4990 acres, conveyed to David Matthews Smith and Alson I-i. Smith, Jr., by Deed dated July 26, 1996, from Shockey Bros., Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office in Deed Book 863, at Page 793. TMP 54 A 14 44.28 acres PARCEL FIVE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 32.20 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688. TMP 54 A 15 32.20 xcres PARCEL SIX: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, situate approximately 1-1/2 miles North of Winchester, a short distance West of'U.S. Route 11, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.50 acres, more or less, and more particularly described on the plat and survey off -I. Bruce Edens, C.L.S., dated August 3, 1972, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 395, at Page 710; AND BEING the same property conveyed to Shockey Bros., Lie., a Virginia corporation, by Deed dated February 22, 2008, from Toms Brook, Inc., it Virginia corporation, recorded in the aforesaid Clerk's Office as Instrument No. 080002157. TMP 54 A 15A 234 Stine Line Winchester, VA 22603 U\Shockey Bros to MM Stino\Exhibit A - Pmpmty Dccriptions for Dccd.docx VIRGINIA: FREDERICK COUNTY, sc-r. 'dais instrument of writing was produced to me on �,tnd winhtccrifc2 acoacwalet dg�eme�nt atherePto. an:n. xed was admitted to record. Tax imposed by Sea 58.1-802 of r S /-'Z• 000 , and 58.1-801 have been paid, if assessable *bN="' Clerk 2100 1084 Grantee Address: P.O. Box 2368, Wincliester, VA 22604 Assessed Value: N/A Title Insurance: None Tax Map Nos.: 53-A-70, 43- A-22, 42-A-61, 42-A-62, 52-A-48, 52-A-49, 41-A-170, Consideration: This deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (10), Code of VA. THIS DEED , made and dated this 1st day of July, 2021 by and between FRUIT HILL ORCHARDS, INC. a Virginia corporation ( aka Fruit Hill Orchard, Inc.) party of the first part, hereinafter called the Grantor (indexed as Grantor), and KSS, L.C., a Virginia limited liability company, part of the second part, hereinafter called the Grantee (indexed as Grantee). RECITALS: R.1. Fruit Hill Orchard Inc. is the sole member of KSS, L.C., Virginia limited liability company ( the "Company"); and, desires to distribute to its Company the hereinafter described properties set forth on the Schedules attached hereto, Witnessth: NOW, THEREFORE: That for and in consideration of the benefits to accrue thereby, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL Warranty of 'Title, unto the Grantee, in fee simple absolute, all of the following tract or parcel of land, lying and being situate in the County of Frederick, Virginia set forth on ICSS LC Schedules A-1, A-2, A-3, A-4 attached hereto and by this reference made a part hereof as if set out in full. Page 1•of2 C: 2021Ne%iFiles/Fruit Hill/KSS/2021-016 C WITNESS the following signature and seal. FRUIT HILL ORCHARD, INC. By: CZ(aa, S L a.���, 1 1 e"Wa j (SEAL) Diane S. Kearns, President COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT a Notary Public in and for the State and jurisdiction aforef aid, do hereby certify that i me S. Kearns , President of Fruit Hill Orchard, Inc. whose name is are signed to the forego ng DEED dated the 1 st day of July 2021, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. / —� Given iuider my hand this ! ,tf day of July, 2021. My Commission expires Registration No: —70 /D 79 L/ This Deed Prepared By: Benjamin M. Butler, PL 112 S. Cameron Street Winchester, VA 22601 VA. Bar No.01357 Page 2 of 2 202111ewFiles/Fruit Hill/KSS/2021-016 NO UGO���� PUB fir : REG, j/-10J0794 MY COMMISSIOtJ : ¢ - �rl, E ,Pllt.s c, C: KSS LC- SCHEDULE A-11-0 w -1 All of certain tract or parcel of land, situated in Back Creek Magisterial District, Frederick County, Virginia, containing 30.185 acres , lying northwest of U.S. Highway No. 50 , and shown as on a plat and survey prepared by Richard U. Goode, L.S. dated October 20,1960, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed Book 267 at Page 187, together with a twenty —foot ( 20') right of way as shown on the aforesaid plat and by this reference Made a part hereof as if set out in full and being the same property conveyed to Fruit I -Jill Orchards, Inc. by Deed dated November 27`h, 2002 from C.R. Solenberger and Bessie S. Solenberger, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 020020744. Tax Map No. 53-A-70 N KSS, LC- SCHEDULE A-2 `D m All of certain tract or parcel of land, situated in Stonewall Magisterial District, Frederick County, Virginia, containing 20 acres , in gross and not by the acre, together with all rights and appurtenances thereunto belonging ,( including , but not limited to, that certain right of way acquired by Roy R. Boyce el ux by Deed from the Lenoir City Company, dated April 27,1967 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed book 332 at Page 126, conveying right of access from the land herein conveyed to U.S. Highway No. 1 1) and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated August 22"d, 1969 from Roy R. Boyce and Pearl Virginia Boyce , his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 356 at Page 310. Tax Map No. 43-A-22 -o G 7 W KSS LC- SCHEDULE A-3 k_o All of certain tract or parcel of land, situated in Gainesboro ( formerly Back Creek District) Magisterial District, Frederick County, Virginia, containing 32 acres , 3 roods and 10 square poles, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , lying and being situate a short distance East of Virginia State Secondary Highway No. 654, about three miles Northwest of Winchester, and further being the aggregate of two contiguous tracts of land , formerly identified as the orchard tract and the new ground tract ,respectively, one containing 24 acres, 2 roods and 26 poles, more or less and the other containing 8 acres and 24 square poles, more or less, and described by metes and bounds according to a survey thereof made by A.J. Tavenner,'Surveyor, of Frederick County, on June 17`}',1915 as set forth in the hereinafter mentioned Deed and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 26"', 1982 from Nelson L. Carpenter and Margaret S. Carpenter, his wife. of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 546 at Page 194. Tax Map No. 52-A-48 and 52-A-49 5 CD KSS LC- SCHEDULE A-4 CD All of certain tract or parcel of land, situated in Gainesboro ( formerly Stonewall District) Magisterial District, Frederick County, Virginia, about three miles west of the City of Winchester, known as the Poor House Farm, and containing 274.0744 , more or less, according to plat and survey made by Richard U. Goode, Certified Surveyor, on .Tune 24, 1965 attached to the hereinafter mentioned Deed, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 29'h, 1968 from Fred E. Unger et a/, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 34) at age 47. Tax Map No. 41-A-170 VIRGINIA: FREDERICK COUNIY.SCT 'tisiostrument of writingwasprotluce(o lomeon 1 aXI tat, }3T t d w .t .1 certificateacknowledgement the etoannexed asa mittedcorecord.7bxrmpusedbySec.58.1-802of $P G__ ��P_� and58.1-801 have been paid, if assessable. dog" Clerk ORDINANCE Action: PLANNING COMMISSION: September 21, 2022 Recommended Approval BOARD OF SUPERVISORS: October 12, 2022 Postponed Action BOARD OF SUPERVISORS October 26, 2022 Postponed Action BOARD OF SUPERVISORS November 9, 2022 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-22 METROMONT WHEREAS, REZONING #08-22 METROMONT, submitted to rezone d-/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south parcel, PIN 54-A-1 1) fi-om the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 21, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on October 12, 2022 and postponed action until the next Board meeting; and WHEREAS, the Applicant requested action on the application be postponed until the next Board meeting; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on November 9, 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 rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and+/-24.72-acres (south parcel, PIN 54-A-1 1) fi-om Res# PDRes#35-22 the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 9th clay of November 2022 by the following recorded vote: Charles S. DeI-laver, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Josh C. Ludwig Blaine P. Dunn Res# PDRes#-- Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Michael L. Bollhoefcr Frederick County Administrator REZONING APPLICATION #08-22 METROMONT Staff Report for the Board of Supervisors Prepared: November 1, 2022 Staff Contacts: M. Tyler Klcin, AICP, Senior Planner Reviewed Planning Commission: 09/2 1 /2022 Board of Supervisors: 10/12/2022 Board of Supervisors: 10/26/2022 Board of Supervisors: 1 1 /9/2022 Action Recommended Approval Postponed to BOS to 10/26/2022 Postponed by Applicant to 11/9/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE I1/9/22 BOARD Or SUPERVISORS MEETING: This is a proposal to rezone+/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and -I-/- 24.72-acres (south parcel, PIN 54-A-1 1) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. Tile proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete manufacturing and storage) in the Stonewall Magisterial District. The Planning Commission at their September 21, 2022, meeting sent the rezoning application forward with a recommendation of approval. The Board of Supervisors held a public hearing on October 12, 2022, and postponed action until the next Board meeting. The Applicant requested in writing on October 26, 2022 and it was accepted by the Board of Supervisors postpone action on November 9, 2022. A revised proffer statement dated October 20 2022 has been provided by the applicant and included with this staff report package Staff will provide an update to the Board of Supervisors at the public meeting re rah rding the status of the revised proffers following review by Planning, and Development and the County Attorney. Following, the required 1-mblic hearing a decision regarding this rezoning aUUhcatiorr by the r r Supervisors would be r{ppr•opriate The Agglicaut should be vrGwared to adequately address all concerns raised by the Board of'Srrpervi,vorv. Rezoning #08-22 — Metromont November 1, 2022 Page 2 This report is prepared Gh the Frederick County Planning Staff to provide hiformation to the Planrrrrlg Commission and the Board Of Supervisor's to assist them in rnakinQ a decision on this application It maj, also be usefrll to others interested in this Zonrrrg matter. Unresolved issue's concerning this application are noted Gv staff where relevant throughout this staff report. PROPOSAL: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) fi-om the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/-24.72-acres (south parcel, PIN 54-A-1 1) from the 132 (Business General) District to the M2 District with proffers for a total of 44.72- acres. LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-1 1 and 43-A-22 PROPERTY ZONING: RA (Rural Areas) District 132 (Business General) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING Sc PRESENT USE: North Parcel (PIN 43-A-22) North: Route 37 South: M2 (Industrial General) East: M 1 (Light Industrial) West: M2 (Light Industrial) South Parcel (PIN 54-A-I 1) North: M2 (Light Industrial) RP (Residential Performance) Use: Highway Use: Industrial/Outdoor Storage Use: ManLlf1CtL11'lllg Use: Vacant Use: Industrial/Outdoor Storage Vacant/Unimproved South: RA (Rural Areas) Use: Vacant Rezoning #08-22 — Mctromont November 1, 2022 Page 3 East: City of Winchester West: RA (Rural Areas) B2 (General Business) REVIEW EVALUATIONS: Planning & Zoning: 1) Site History Use: Single -Family Detached Residential Use: Residential (SFD) Use: Vacant The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the north parcel (PIN 43-A-22) 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. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south parcel (PIN 54-A-1 1) as being zoned B2 (General Business) District. There are not any previously approved rezonings, or other development plans, for the subject parcels. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of conununity 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 PIcin Land Use CompalLbifl l� The Comprehensive Plan and Northeast Land Use Plan identifies the north parcel (PIN 43-A- 22, currently zoned RA) with an "industrial" land use designation. The parcel is also within the limits of SWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick Lard Use Plan designation for "industrial" uses as it relates to this area of the County. The Comprehensive Plan identifies the south parcel (PIN 54-A-1 1, currently zoned 132) with a "business" land use designation; the south parcel is not within the limits of any area plan. The parcel is also within the limits of' the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation for "business" uses as it relates to the area of the County. However, staff notes the expansion of the existing industrial use onto the subject property may otherwise be appropriate if potential impacts are sufficiently mitigated. Rezoning 08-22 — Metromont November 1, 2022 Page 4 3) Access & Transportation The Impact Analysis Statement notes use of existing commercial site access from Route 522 and Stine Lane (private road)/Route 11, and use of private drives for internal circulation. The existing Route 522 commercial entrance is already improved with southbound left turn lanes and northbound right turn lanes. The applicant, in their revised proffer statement, further restricted use of one of the Route 522 entrance only to use by utility providers for access/service and not to be used for industrial operations. This proffered restriction otherwise satisfies VDOT's comments. 4) Proffer Statement & Impact Analysis Restriction on Uses The Proffer Statement, revised October 20, 2022, further restricts the use of the property to certain M 1 (Light Industrial) and M2 (Industrial General) District uses. Staff will provide an update to the Board of Supervisors at the public meeting regarding the completeness of the proffers following review by Planning and Development and the County Attorney. Buffers & Screening The proffer statement (dated 10/20/2022) and Generalized Development Plan specifies tree save areas adjoining existing residential uses, ensuring that the existing mature vegetation, in addition to any Zoning Ordinance required buffers, is maintained to create a barrier between residential and fL1tL11"e industrial uses. Further, between the subject properties and the City of Winchester residents there is also an existing railroad right-of-way that is approximately 12 to 15-feet above grade also serving as a screen. Historic Resources Advisory Board: Please see attached comments from H,'vatt Pearson, AICP, Planning Director, Baled AN 25, 2022. County of Frederick Attorney: Please see attached commenls.fi•om Roderick B. Williams, County Allorney dated August 22, 2022. Frederick Water: Please see attached comments from Eric Lawrence, IsxeculNe Director, dated August 19, 2022. Virginia Department of Transportation: Please see attached commenls.Ji•om VDOT dated August 25, 2022. Rezoning #08-22 — Metronlont November 1, 2022 Page 5 Cih, of Winchester: Please see attached commenis from Tim Youmans, Planning Director, dated August 26, 2022. Frederick Counh, Public Works: No comments. Frederick County Fire and Rescue: No comments. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission held a public hearing on September 21, 2022, Staff noted in their presentation that a revised set of proffers, dated September 21, 2022, had been received a few hours prior to the meeting and that the outstanding issues outlined in the Planning Commission staff report may be addressed. Staff noted that the items addressed in the revised proffers included: limiting the allowed industrial USES, clarifying points -of -access and restrictions on access from Route 522, and ensuring the proffered tree save area would be required in addition to any Zoning Ordinance requirements for buffering/screening. I-lowcver, staff clarified that given the time of receipt for the proffers a thoroL1911 review including review by the County Attorney had not been completed prior to the meeting. The applicant representative also presented and highlighted the tree save areas and existing mature vegetation as a screen to adjoining residential uses, primarily in the City of Winchester. No members Of the pUbhc spoke dLII'lllg the public hearing. The primary d1SCUSSlon among the Planning COn1missioI1 was support for the expansion of an existing operation and acknowledging the commitment of the owner to address concerns through the revised proffer statement, subject to acceptance by the County Attorney and Planning and Development department staff. The Planning Commission sent the proposed rezoning application go forward to the Board of Supervisors with a recommendation Of approval (1 1-0-2; Commissioners Kozel & Molden absent). BOARD OF SUPER VISORS SUAIt11AR Y AND ACT ION FROM THE 10/12122 MEETING: The Board of Supervisors held a public hearing on October 12, 2022. Staff noted a revised set of proffers, dated October 12, 2022, had been received Only a few hours before the meeting and staff had not had the opportunity to review or receive comments from the County Attorney regarding proffer completeness, thus the issues Specified in the staff report and subsequent presentation remained outstanding. The applicant representative stated they believed the revised 10/12/22 proffers to be complete and ready for action. Three (3) members Of the public spoke in opposition to the application and noted concerns regarding noise and dust from the existing manufacturing/pre- cast activities and potential for exacerbation of noise, dust concerns and Of a recurring flooding issue from raising the grade of the South parcel (PIN 54-A-1 1) on their residential properties in the City of Winchester. The Board of Supervisors unanimously voted (6-0-1 ; SLlpel'VlSol' Wells absent) t0 postpone action Rezoning #08-22 — Metronlont November 1, 2022 Page 6 on the rezoning 11)1)IIC1ti011 lllltll the next meeting, Octobcr 26, 2022. Followine the required public hearing, a decision regarding this rezoning application bV the Board of Supervisors would be appropriate. The Applicant should he prepared to adeauately address all concerns raised bV the Board of'Supervi.sors. REZONING APPLICATION 908-22 METROMONT Staff Report for the Planning Commission Prepared: September 12, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/21/2022 Pending Board of Supervisors: 10/12/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING COMMISSION MEETING: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres (south parcel, PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete manufacturing and storage) in the Stonewall Magisterial District. The following application deficiencies remain unresolved and should be further evaluated by the Planning Commission: Land Use Compatibility & Impact Analysis:_ The proposed zoning district, M2 (Industrial General), is intended to provicle.for a tii,ide variety of mangfactin•ing, comnnercial office ce and heave commercial uses, including those lvhich may not be compatible iwiih nearby residential and business areas. Performance controls cure used to control potential nuisances, esl)ecially in 1-elation to zoning clis•tl•ict bounclailes, Such Inclustl•icil areas Shall be provided a ith safe and sufficient access. The Iny)uct Analysis Statement specifies the owner intends to use the properties only for "storage of finished pre -cast product awaiting delivery, tractor truck trailer parking, and OU1C1001• storage." However, the proposed proffer statement does not restrict use of the property to only those uses studied in the Impact Analysis Statement and Traffic Study, and as proposed, the rezoning would allow for all M2 District uses contained in § 165-607.02. The application does not address impacts t0 local fire and rescue services. Thus, the proposed zoning district could have a significant negative impact on adjoining residential uses in the City of Winchester, traffic and circulation along Route 522 and Route 11, the Star Port property (a designated historic resource), and County services (Fire & Rescue). Transportation. Site Access & Circulation: The Traffic Study and Impact 11imlysis Statement does not address use of Cives Lane (private roadway) and the signalized intersection with Route 11 which also serves the existing manufacturing facility. The application only evaluated Use Of existing commercial site access fTOm Route 522 and Stine Lane (private road) and Route 11, and use of private drives for internal circulation. VDOT also requested closure of the existing Route 522 secondary entrance to the facility on the southern subject property (PIN 54-A-11) in their comment letter; this request was also not addressed in the application materials. Rezoning #08-22 — Metromont September 12, 2022 Page 2 • The Comprehensive Plan and the Eastern I,rederielr County Rocacl Plan identifies a future minor collector roadway on the south parcel (PIN 54-A-1 1). 'phis was not evaluated in the application or included on the Generalized Development Plan included with the proffer statement. Fol1mvilng the reduired public hearing —a decision regarclilt, this rezonhw application by the Board of Supervisors would be apropHate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #08-22 — Metromont September 12, 2022 Page 3 This report is hi'epaied Gy the Frederick County P/arrrrinf,, Stnff'to pi•ovi(le information to the Planning- Commission and the Board ofSupervisois to assist them in making a decision on this lrpplicatron. It inav lrlso be useful to others interested in this zoning matter. Unresolved issues concei•nrn,q this applrc(ition (ii-e noted Gv staff )vhei-e relevant thi•ouQhout this staff i-epoi•t. PROPOSAL: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/-24.72-acres (south parcel, PIN 54-A-11) from the 132 (Business General) District to the M2 District with proffers for a total of 44.72- acres. LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-11 & 43-A-22 PROPERTY ZONING: RA (Rural Areas) District B2 (Business General) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North Parcel (PIN 43-A-22) North: Route 37 South: M2 (Industrial General) East: MI (Light Lidustrial) West: M2 (Light Industrial) South Parcel (PIN 54-A-11) North: M2 (Light Industrial) RP (Residential Performance) South: RA East: City of Winchester West: RA 132 (General Business) Use: Highway Use: Industrial/Outdoor Storage Use: Manufacturing Use: Vacant Use: Industrial/Outdoor Storage Vacant/Unimproved Use: Vacant Use: Single -Family Detached Residential Use: Residential (SFD) Use: Vacant Rezoning 908-22 — Metromont September 12, 2022 Page d REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the north parcel (PIN 43-A-22) 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 COLInty Zoning Ordinance on May 10, 1989. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south parcel (PIN 54-A-11) as being zoned B2 (General Business) District. There are not any previously approved rezonings, or other development plans, for the subject parcels. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official pLlblic dOCLlment that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition Of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. C'omvrehensive Plan Land Use Coinvatibilit The Comprehensive Plan and Northeast Land Use Plan identifies the north parcel (PIN 43-A- 22, currently zoned RA) with an "industrial" land use designation. The parcel is also within the limits of S WSA and UDA. The proposed M2 Zoning is consistent with the Northeast Freclerick Land Use Plan designation for "industrial" uses as it relates to this area of the County. The Comprehensive Plan identifies the South parcel (PIN 54-A-1 1, currently zoned 132) with a "business" land use designation; the south parcel is not within the limits of any area plan. The parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation for "business" uses as it relates to the area of the County. However, staff notes the expansion of the existing industrial LISC Onto the Subject property may otherwise be appropriate if potential impacts are sufficiently mitigated. 3) Access & Transportation The Impact flnalysis Statement notes use of existing commercial Site access from Route 522 and Rezoning 408-22 — Metromont September 12, 2022 Page 5 Stine Lane (private road)/Route 11. and use of private drives for internal Circulation. However, the analysis does not address use of Cives Lane (private roadway) and the signalized intersection with Route 11 which also serves the existing manufacturing facility. Potential traffic impacts to the network at this intersection have not been evaluated, nor have any potential mitigation strategies been proposed. Further, the 'lr affie Stucly sloes not evaluate other potential M2 (hidustrial General) District uses, some of which have potential for high traffic generation of heavy tractor trucks and trailers. The Virginia Department of Transportation also noted in their comments a recommendation to close the existing secondary access to the facility from Route 522. The Comprehensive Plan and the Eastern Freclerick County Road Plan also identifies a future minor collector roadway on the south parcel (PIN 54-A-1 1). This planned minor collector road runs north/northeast from Route 522 across the south parcel and connects through the existing manufacturing facility to Route 11. This future connection was not evaluated in the application or referenced on the Generalized Development Plan. 4) Proffer Statement & Impact Analysis The Proffer Statement, dated August 26, 2022, does not restrict the use of the property to only those uses reviewed/studied in the Impact Analysis Statement and Traffic Stucly, i.e., storage of precast product awaiting delivery, tractor truck trailer parking and outdoor storage. The proposed zoning district, M2 (Industrial General) District, is intended to pl•ovicle for a Yi,icle val•iety of mant f icturing, commercial office and heavy commercial uses, inclucling those ii,hich may not be comImitible lt,ith neal•b), r•esio'ential and business areas. Performance controls are used to control potential nuisances, esj)eciall); in relation to zoning clistrict boundal•ies. Such in(lush•ial areas shall be provided ii,ith s•crfe and suficient access. The proposed rezoning, as currently proffered, would allow for all M2 district uses contained in § 165-607.02. The analysis does not address mitigation strategies to limit the impact of any other M2 district uses on neighboring properties and roadways that would otherwise be allowed. The Generalized Development Plan does depict a 75-foot wide "Tree Save" area along a portion of the south parcel's northern boundary adjoining vacant RP (Residential Performance) zoned property and a 100-FT wide "Tree Save" area along the (eastern) boundary with existing single-family detached residential uses in the City of Winchester. This buffer could be appropriate if the uses allowed were limited to precast product storage, tractor truck trailer parking and outdoor storage. However, as the proffer statement does not limit the uses to only those uses, and the buffers may be insufficient for intensive uses that generate significant noise, odor, and dust. The rezoning proposal and proffer statement does not address potential impacts to local fire and rescue services. As proposed the requested zoning district (M2) may have a significant negative impact on adjoining residential uses in the City of Winchester, traffic and circulation along Route 522 & Route 11 the Star Fort property (a designated historic resource) and County services (Fire & Rescue). Rezoning #08-22 — Metroniont September 12, 2022 Page 6 Historic Resources Advisory Board: Please see alluched comments from Giyall Pecirson, AICP, Planning Director, doled July 25, 2022. County of Frederick Attorney: Please see alluched comments front Roderick B. Williclms, County Attorney doled August 22, 2022. Frederick Water Please see attached comments from Eric Lawrence, rxeculive Director, dated August 19, 2022. Virginia Department of Transportation: Please see attached comments from VDOT dated August 25, 2022. City of Winchester: Please see attached comments firom Tim Youmans, Planning Director, dated Aitgusl 26, 2022. Frederick County Public Works: AVo comments. Frederick County Fire and Rescue: No comments. Following the required public hearing, al decision reggrdhtL' this rezoning alllllication by the Board of Supervisors would be c{ppropriate, The Applicant should be prepared to adeatrately address all concerns raised by the Board of Supervisors. REZ # 08 - 22: Metromont PINs: 43 - A - 22, 54 - A - 11 Rezoning from RA to M2 and B2 to M2 Zoning Map VOW' • / LENOIR•OR IENOIR DR 125 WA1113 1137 210 1CIR W C1� ES�W �13 �H CIR LAUCK�DR ' 102 '� MARTIP 1/ I6� lA OR SAL Cliff 291 I : III 333 T' WIWAMS,CIR J01 •R RESS D. 103 13 A 22 rGTpN.pR��I3I5, LAUCK•DR r a(ACK►OWDER Ci 210 12J9 DARUNGPWi OR 29� 142 IOI� C1VE5 IN MARTINS/URG G,iOflOR 1150 IAUCK•DR U1UCK•D�R 'O�RTTRESS*D. /LAClK WDER`i IIK� CARTERS OR r 391 L126J r 36 tJ92 13DR Jf,ORTRESS•DR FORMMARTINS/ ORG !(��•>'�,.•,.+66 1•IJO� FORiRESST-SS DR HKE I1S , INGION�DR CAR `RS OR 221 fORTRESS OR FUU NOOSE DI �• II.I� LAUCK•DR 210'_ 101 KE •CL�U2CK2 -r JIO 221 ARPRS OR 219 AUBE'FOR►RESyDR MNS/URG UUK DfORTRESS OPIKEREDER K DR�1 1_2 _1I706_14 �. 108 SiINE W MARTINS/URG MARTINSaURG'IIKE 53 • TURCELL•tN LAUC9 DR r CAU/fR Ci 1 S9�/iKE 19 FU 1154 111 � NODS 1.13 CRESS OR AI I IffMARTINS/URG MARTINS/URG �IURCELL LN FORTRESS DR L PIKf PIKE 1251 " I09 TORTRE35 DR SS.. � 'EOERKR fORiRESS DR �106 ItS r 1139 �I ia2 H�► 106WSENTINEL OR FO ItESS DR MARTINSLU� MARTINS/URG 123I 21S PIKE PIKE/ .---�, fORTRESSDR V fREDERKK•HKE w►• SENfINfI DR '�506_� SEA INEL DR 1109 MARTINS/URG PIKE fORTRESS DR �1126` �I07 �. MARTINS/URG �! ✓� fIAUCK•DR 20a MARTINS/URG 220 TKK TURCfU LN ` SEMI DR N-F �Dif A 14!M� IU75 If /IRE ERKK•HKE I IO FORTRESS DR • 2I9 2� �MARTINS/URG TIKE PARK U1Ul K•OR • STINE LN STINE LN 170 MARTINSWRG I0� CENTER DR STINELN ��HICF' �� MARTINS/URG AUTUMN /� 561 • • • IOS� ►1KE FORTRESS DR t77 MARTINS/URG 217 STINE IN TIKE 1040 N FREOERKR.HKE T132 -STINE LN KE 125 MARTINS/URG H�J N fREDERKK � 3t N f�EOERKK PIKE STINE UY 265 r VNW W PIKE lFE AVE lEE AVE ' IOOaf 7V/ROOKE RD ILO 191 ill MARiIN_SWRG SCARLET •LE+VE' UE MARTINS/URG H� UIUMN_ MAILE DR 1011 r IE1MW t039 PENNSYLVANIAAVE AVE 159 PIKE? 197� N FREDERICK LEE AVE 975 / AERRY Ci PIKE 1 : I la MARTINS/URG HKE • ST_A �f,ORT OR �9� SIA11 •• • • � 2 i RTINS/URG HKE W / � MARTINSaURG 922 PIKE ALAff"NS/URG 911 PIKE lab MARi1N5/URG PIKE W /ROOKE RD] I3I W /ROOKS RD 209 3' /ROOKE RD aROV 930 N FREDERICK 1PIKE 9I6 • N FREDERKK-HKE 902 BRICK K XI KILN RD N FREDERKK - 140 20S O /RKK KIW RD �K M1 (Light Industrial �a71 auv. /ItKK • , KILN RD � 830 a • M2 (industrial General District) District)RP (Residential Performance N µ•�1. S Frederick County Planning & Develoome,t 1 C7 N Kent St Winchester VA 22601 540 - 665 - 5651 1000 2,000 Feet Mao Created: Seotember 12.2022 414: PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: RECORD OWNERS ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-I I (the "Properties") KSS, L.C. and Metromont LLC (collectively "Owner") August 26, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2. l The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees within the 100' buffer along its southeastern property line as a screen between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-1 1 will continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder of page intentionally left blank] 7 Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by , of KSS LC. NOTARY PUBLIC My commission expires: Registration number: _ METROMONT LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by , of METROMONT LLC. My commission expires: Registration number: _ NOTARY PUBLIC 0 PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: RECORD OWNERS: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") KSS LC and Metromont LLC (collectively "Owner") , 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or inclucling the improvement or other proffered requirement, unless otherwise specified herein. I:roHered--ci-Built 1I1ilt--weuld �:I11 tion1,61illln'—V and/or-l-` c . it i'cgulilt 1011!Y-slial �,' 6:misidored I imd-void—. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1I proffers to preserve the hio mature e ziJ trees within the 100' buffer along its southeastern property line as a screen between the Property and the adjoining 'i,' h__it heslcr am, I.-.;-heriI _CQrI railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit I" ("GDP"). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-11 proffers to Emiiiitam-prese the existing mature trees along the eastern boundary of its property (75' from the property line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder of page intentionally left blank] 2 Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTIJ OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by My commission expires: Registration number: of KSS LC. NOTARY PUBLIC METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by of METROMONT LLC. My commission expires: Registration number: NOTARY PUBLIC 4 METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT Tax Parcels 54-A-11 and 43-A-22 Stonewall Magisterial District Frederick County, Virginia August 26, 2022 Current Owner: Metromont Corporation KSS, LC Contact Person: Christopher Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-6624185 Greenway Engineering August 4, 2022 Metromont Rezoning METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2, Industrial General District. The subject property includes a 24.72-±-acre parcel owned by Metromont Corporation identified as Tax Parcel 54-A-1 1 (South Parcel) and a 20.00±-acre parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and north of Stine Lane (see the Location Exhibit included with this report). The South Parcel and North Parcel are located immediately south and north of Metromont's existing pre -cast concrete manufacturing facility, which occupies approximately 113.29f acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A- 13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2 District. A pre -cast concrete manufacturing facility is classified under SIC Major Group 32 - Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit included with this report). The South Parcel is currently zoned B-2, Business General District, and is therefore already entitled to develop with general commercial uses. The South Parcel is further served by an existing frill movement entrance on North Frederick Pike with dedicated right and left turn lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for storage of finished pre -cast concrete product awaiting delivery. File ''3952FII3 — Impact Analysis statement 2 Grecnway Engineering August 4, 2022 Metromont Rezoning Site Information Location: The South Parcel (Tax Map #54-A-1 1) fronts on northeast side of North Frederick Pike (U.S. Route 522), immediately west of the City of Winchester. The North Parcel (Tax Map # 43-A-22) fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Magisterial District: Stonewall District Tax Map Numbers: 54-A-11 and 43-A-22 Current Zoning: South Parcel, B-2, Business General District North Parcel, RA, Rural Area District Current Use: Undeveloped Proposed Zoning: M-2, Industrial General District with proffers Proposed Use: Concrete Manufacturing (inclusion of subject parcels in existing Metromont facility; intended activities include trailer parking and storage of finished pre -cast concrete product awaiting delivery to customer sites, and will further enable relocation of existing facility components to improve operational efficiency) Total Rezoning Area: 44.72zL-acres with proffers File "3952HI3 — Impact Analysis Statement 3 Grecnway Engineering August A, 2022 Metromont Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 44.721-acre subject property is located within the UDA. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The entirety of the 44.72±-acre subject property is located within the SWSA. Comprehensive Plan Conformity The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban Areas designates the South Parcel for future Business use. The South Parcel is not located within the boundaries of an areas -specific land use plan and has therefore not been considered in the context of a more focused land use study. Given the adjoining manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated for general Industrial use, and its development pursuant to the proposed M-2 District aligns with the goals of the Frederick County Comprehensive Plan, notably by promoting the desired ratio of commercial and Industrial development to residential and other uses. The North Parcel is located within the study area boundary of the Northeast Frederick Land Use Plan (NELUP). The NELUP is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The NELUP designates the North Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY OF THE SITE Access Primary access to the existing Metromont facility occurs via Stine Lane from its intersection with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing full -movement commercial entrance provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. The existing North Frederick Pike entrance is currently used by trucks/tractor trailers returning from delivery of finished pre -cast concrete product as well as local suppliers delivering aggregate materials to the facility. Metromont envisions that the existing use of this entrance will continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on File "3952H13 — Impact Analysis Statement 4 Greenway Engineering August 4, 2022 Melromont Rezoning the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property will occur through the extension of private service drives from the existing facility. Flnod Plainc The South Parcel contains areas of floodplain per FEMA NFIP Map #51069CO208E, Effective Date January 29, 202 L The mapped floodplain is depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The South Parcel contains a stream and wetland areas as identified on the National Wetlands Inventory (NWI) Map information and the Frederick County GIS Database. The mapped stream and wetland areas are depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations, to include provision of the required riparian buffer. The North Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Types The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 17C — Frederick Poplimento Rock 2 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 17E - Frederick Poplimento Rock 15 to 45 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. File "=3952H►3 — Impact Analysis statement 5 Greenway Iatgincering August 4, 2022 Metromont Rezoning 29 — Massanetta loam These soils are described as having a slow filtration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils moderately fine texture or fine textures. These soils have a slow rate of water transmission. 35 — Pagebrook silty clay loam These soils are described as having a very slow infiltration rate (high runoff potential) when wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very slow rate of water transmission. The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 14B - Frederick Poplimento loanis 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 14C - Frederick Poplimento loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loans 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. File "395211I3 — Impact Analysis Statement Greenway Engineering August 4, 2022 Metromont Rezoning Other Environmental Features The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is also located in the geographic portion of the County that is underlain by karst geology. These environmental features will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. However, like the South Parcel, the subject property is located in the geographic portion of the County that is underlain by karst geology. This environmental feature will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. SURROUNDING PROPERTIES Adjoining property zoning and present use South Parcel (Tax Mau #54-A-11): North: M-2, Industrial General District B2, Business General District RP, Residential Performance District South: B2, Business General District East: LR, Low Density Residential (City of Winchester) West: B2, Business General District RA, Rural Area District Use: Industrial/Preserved Open Space Use: Residential Use: Railroad/Residential Use: Undeveloped Adjoining property zoning and present use North Parcel (Tax Mau #43-A-22): North: RA, Rural Areas District South: M-2, Industrial General District East: M-1, Light Industrial District West: M-2, Industrial General District Use: Residential Use: Industrial Use: Industrial Use: Undeveloped File ;'3952H13 — Impact Analysis statement 7 Greenway Engineering August 4, 2022 Metromont Rezoning TRANSPORTATION The proposed rezoning will enable increased land area for operation of the existing facility, primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned acreage will also provide Metromont greater flexibility in the configuration of the facility's existing components, enabling complementary elements to be moved in proximity of each other, which will enhance overall operational efficiency. However, the proposed rezoning will not result in any intensification of traffic generated by the facility, as it will generally maintain existing production capacity, employee counts, and delivery schedules, which are ultimately driven by prevailing market conditions. As outlined previously, primary vehicular access to the existing Metromont facility occurs via Stine Lane, which is a private access easement road that extends to the site from its intersection with Martinsburg Pike (U.S. Route 11). Additionally, the South Parcel has an existing full movement entrance on North Frederick Pike (U.S. Route 522) with dedicated right and left turn lanes, which is currently used by local suppliers for delivery of aggregate materials to the facility as well as trucks returning to the facility following delivery of finished product to customer locations. These existing entrances will continue to be provide vehicular access to the facility consistent with current practices. Vehicular access between the multiple parcels comprising the existing facility occurs via a network of internal private travel ways, which already interconnect with the South Parcel and will be extended to the North Parcel. Based on the conditions described above, the proposed rezoning will not have any measurable impact on the external road network serving the subject property. SEWAGE CONVEYANCE AND TREATMENT As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and arc therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new sewer connectivity. WATER SUPPLY As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new water connectivity. File ''3952Hf3 — Impact Analysis Statement 8 Greenway Engineering August 4, 2022 MctrOmont Rezoning SITE DRAINAGE Topographic relief on the South Parcel generally follows a southwest to northeast pattern that directs drainage towards the rear of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Topographic relief on the North Parcel generally follows a west to east pattern which directs drainage towards the east side of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The South Property is indicated by Virginia Department of Historic Resources (DI-IR) and Frederick County GIS records as containing a resource identified as Liberty Hall (DHR ID 034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as an example of the Italianate style of architecture by the Rural Landanarks Survey Report of Frederick County, iirginia (Phases 1-111, 1988-1992). The dwelling itself no longer exists on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S. Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory structure, which appears to be more than 50 years old, but otherwise does not have any historical or architectural significance. To the northwest of the South Parcel is a preserved Civil War resource known as Star Fort (DHR ID 034-0322) and the adjoining Star Fort 2 tract (DI-IR ID 034-5023). Star Fort played a role in both the Second Battle of Winchester and Third Battle of Winchester (Opequon) and is within the study areas of each battlefield. The site has been preserved as a battlefield park open to the public that is owned and maintained by Shenandoah Valley Battlefields Foundation. The site is largely wooded but has cleared areas for public access/walking. The existing Metromont facility is in the viewshed of these resources, as are other areas of suburban style development. As noted previously, the South Parcel is already entitled to develop under the B-2 District, and rezoning to the M-2 District is therefore consistent with development expectations for the area adjoining the Star Fort sites. The South Parcel and North Parcel are located within the study areas of the Third Battle of Winchester and Second Battle of Winchester study areas, respectively, as identified by the National Park Service Study of Civil War Sites in the Shenandoah Valley. The South Parcel is within the core area of the Third Battle of Winchester battlefield, and both parcels are outside but adjacent to the core area of the Second Battle of Winchester battlefield. However, the NPS Study indicates that the subject parcels are within portions of the study areas that have Pile 1/39521113 — Impact Analysis statement 9 Greenway Engineering August 4, 2022 Metromont Rezoning lost historic integrity due to existing development patterns. As such, the proposed M-2 rezoning will not create any negative impacts to identified resources. File-'3952HB — Impact Analysis Statement 10 �OgR�GTON DR. o� 0 22 Co RT T S�Zs_ Rr v 7r- RT 37 S RT 37 N-�7 7 C 43 A 22 L 54A14 54 A 13 54 A 12 M. 54 A 15A 54 A 17 �764 Q- a ' G�cy `PPS <Oc�sr'9P . \ CP \ R� y fN�EC 0 J O 2 _,GL•ENTAWBER-RD-1 CO a � P. 0 Ctcc N \ Q O PRL\NG� O v � v O 40 a r s o°/ r �,2 / CT �Q J TY Legend Proposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits Future Proposed Rt37 Bypass --� Railroads - - GLENTAW13ER RDA jr 40 O J22 721 2 j CO O RT l s��s�RTs, - RT 37 S RT 37 N 764 CFFgL/ ��OSTq J o 1 � 0 cLENTAWBERRD � S GAR 1 m O Q 01_ �2 Q Q. O O c v v 52 � O O o Q �� ti �J �O m Legend Proposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits N .. Oi SENTRY ' c CT COCC W FR.cT � O S y�\FC - RT 37 S RT 37 N 54A11 54 A 14 54 A 12 �J� 54A13 43 A 22 0 1�0 � 0 Q� g0 54A15 pC A 15W 54A17 / IO Goa LU GL ENTAWBER-RD`----- - GLENTAWBER RE) O W \NGj O ON R\ �7 O PRL c4.,,Rk ���• . I RT 37 S RT 37 N _ i 43 A 22 1 4 )Gorrrnr;rCe F,uk Diivc,�, Suite 450 R�.st')n, VA 20171 August 10, 2022 To: Timothy Rhodes — Land Development Engineer VDOT Edinburg Residency 14031 Old Valley Pike, Edinburg, VA 22824 From: Andrew Butsick, P.E.; John Callow CC: Thomas Moore Lawson, Esquire — Thomas Moore Lawson, P.C. RE: Metromont Corporation Rezoning Projectff 27884 Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the potential transportation -related impacts of the proposed Metromont Corporation Rezoning in Frederick County, Virginia. The site, located along Stine Lane, is shown in Attachment A. The existing Metromont site (Tax Map Parcels 54-A-12, 54-A-13, 54-A-14, 54-A-15, 54-A-15A, and 54-A 17) consists of 113.29 acres of M-2 (General Industrial) occupied by a precast concrete plant and associated storage yard. The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning two adjacent parcels (Tax Map Parcels 54-A-1 1 and 43-A-22) from B2 (General Business) and RA (Rural Area) to M2 to match the current site. These two additional parcels, which represent an additional 44.74 acres, would be used for additional storage to help improve on -site circulation. They are not intended to expand or augment current operations, and as such, the rezoning would not result in an increased frequency of off -site vehicular trips to the adjacent roadway network. Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike). Therefore, as proposed as part of this rezoning, no changes are anticipated to the operational and safety performance of the adjacent roadway network. The subsequent sections of this memorandum provide additional information regarding the current and proposed operations of the site. Site Access The existing Metromont site is served by three access points: • One full -movement entrance on Stine Lane • One full -movement entrance on US 522 (North Frederick Pike) • One right -in, right -out entrance on US 522 The full -movement entrance on Stine Lane serves as the primary point of ingress and egress for employees, incoming materials delivery, and outgoing deliveries of finished products trips. A small percentage of employees and incoming deliveries utilize the full -movement entrance on US 522 based on the origin of Kittelson & Associates, Inc. August 10, 2022 Metromont Corporation Rezoning Page 2 Transportation Assessment their trip. All outgoing deliveries, including permitted loads through VDOT, utilize the full -movement entrance on Stine Lane to access US 1 1 (Martinsburg Pike) and 1-81 to the east. With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the rezoned and existing property will remain at the existing three access points. Site Trips and Operations Existing trips to and from the site can be characterized in three categories: • Employees: The existing site employs 377 workers, who ore split across two shifts Monday through Friday. Approximately 77 of these employees are temporary workers who are housed in local hotels and carpool to and from the site. • Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement, aggregate, and sand per day for processing in the concrete plant. • Finished Product Deliveries: An average of 60 loads of finished product exit the site each day. The vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT. The majority of these trips use the full -movement access on Stine Lane via US-1 1, while a small percentage use the full -movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522. As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or outgoing deliveries of finished product are anticipated. Additionally, no changes to the distribution of site - trips between the three entrances are expected. Therefore, no changes to off -site operational performance are anticipated with the proposed rezoning. Safety Performance To evaluate the existing safety performance of the site entrances after the proposed rezoning, the most recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site entrances. The crash data was obtained from VDOT's Pathways for Planning tool (Reference 1). Figure 1 illustrates the crash types occurring within close proximity to the site entrances, while Figure 2 illustrates the severity by intersection. Attachment B contains the crash history data obtained from the Pathways for Planning Portal. Kittelson & Associates, Inc. August 10, 2022 Page 3 Metromont Corporation Rezoning Transportation Assessment Figure 11. Crash History near Metromont Corporation Rezoning site (January 2019 -December 2021) Ilk OL p. SITE 511E 4�. �r f' � • - . } ,, �. SITE Y, a '� �• '� 4 AL 411 61ii r^ ,' / °t r o` F Head-on /. Angle F Kittelson & Associates. Inc. August 10, 2022 Metromont Corporation Rezoning Page a Transportation Assessment Figure 2. Crash Severity near Metromont Corporation Rezoning site (January 2019 -December 2021) ■ No crashes reported As shown, a single crash was reported at the US 1 1 /Stine Lane intersection during the three-year study period. The angle crash occurred between a troctor-trailer attempting a left -turn out of Stine Lane and a northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in traffic on US 11, resulting in the property damage only crash. The crash does not appear to be related to insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample sight lines in either direction on US 1 1 given the relatively linear alignment in this segment. The Stine Lane approach serves multiple industrial uses along Stine Lane. A single crash was reported near the right-in/right-out entrance on US 522: however, the head-on collision does not appear to be related to the site entrance. The injury crash occurred when a nouhbound passenger vehicle crossed over the centerline and struck a northbound passenger vehicle. No crashes were reported during the three-year study period at the full -movement entrance on US 522. Given no increase in the frequency or nature of site -related trips are projected with the rezoning of the Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a result of the proposed rezoning. Conclusions The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips generated by the site or changes in site access relative to existing conditions. The rezoned parcels will serve as additional storage for existing (not augmented or expanded) operations. As such, the existing transportation network can adequately accommodate the proposed rezoning. References 1. Virginia Department of Transportation. Pathways for Planning Portal. Accessed July 21, 2022: Kittelson & Associates, Inc. DOCUMENT NBR CRASH_DT CRASH—MILITARYTM COLUSION_TYPE I DRIVER ACTION TYPE CD DRIVER_INJURYTYPE RTE_NM 193055255 2019-10-31 110413. Head On 37. Otherl. No Improper Action PDO;B R-VA U500522NB 200495313 2020-02-171 1057 2. Angle 11. No Improper Action;22. Disregarded Stop or Yield Sign PDO;PDO R-VA USOOOIINB LEGEND PROP. INOUS I RIAI `, ! t � � ( e , 1 j ► � � 1�� � l • � GFNL RAI LAND USFS l LX. MFIROMONI M7 -----� IRFF SAVE FXISIING SIINF I ANL at W. 1 7 / \ I \ AL a � 04 �_ t "W(A� r� COUNTY of FREDERICK I Department of I'lanning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 25, 2022 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.0 Box 2740 Winchester, VA 22604 RE: Request for Historic Resources Advisory Board (HRAB) Comments Metromont Rezoning Application Zoning: RA (Rural Areas) District Property Identification Numbers (PINS): 54-A-11 & 43-A-22 Magisterial District: Stonewall Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their meeting on July 19, 2022. This application seeks to rezone two parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike (Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion of the existing Metromont pre -cast concrete facility. Following their review of this application, the HRAB recommended the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB recommended the applicant consider leaving buffers along the northwestern edge of the southern parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a historic resource. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, Wyatt Pearson, AICP Director of Planning & Development WG P/pd cc: Gary Crawford, HRAB Chairman Tyler Klein, Frederick County Senior Planner 107 North Kent Street, Suite 202 o Winchester, Virginia 22001-5000 Rezoning Comments Frederick CountN Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill lane Telephone: 540-662-41 s5 Location of property: 980 North FrederlCk Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current "L0�n11IL: B2 and Ra Zoning requested: M2 Department of Public Works Comments: L'lQ of �6' rt c Co.." �,., e " 13 cif f Li iI i; ry-t Acreage: 44.72 Public Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 2' Rezoning Comments RECEIVED AW 10� Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-6624185 Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current zoning: 132 and Ra Zoning requested: M2 Acreage: 44.72 Fire Marshal's Comments: 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 Shockey Precast, a Metromont Company 219 Stine Ln Winchester, Virginia 22603 Phone: 540-401-0101 Engineering Firm : Greenway Engineering Received Date: 08/10/2022 Review Begin Date: 08/18/2022 Review End Date: 08/18/2022 Hours: 1.0000 Project Name Comments: No comments. I'Milm Adam Hounshell Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 08/18/2022 Occupancy Type: Manufacturing Property Use: Manufacturing Activity Number: 1081063 Review Cause: Application Metromont Rezoning Page 1 of 1 From: Eric R. _niri rlc_r_ To: Chris 11ohn Subject: Metromont Rezoning agency review comment Date: Friday, August 19, 2022 1:57:16 PM Chris, Thank you for providing Frederick Water the opportunity to provide comment on the Metromont Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to rezone two properties (PIM 443-A-22 and 54-A-11) to the Industrial General (M2) Zoning District. The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy may utilize Frederick Water's public water and sewer services. The application states that connection to and use of the water and sewer services is not required, and similarly does not provide any water and sewer demand projections, Because the application does not require, nor propose to, use the water and sewer services, Frederick Water provides no guarantees nor assurances that public water and sewer services and its capacities are available for use on the property. Should the properties elect in the future to connect to Frederick Water's water and sewer services, the property owner, at their costs, will need to demonstrate that adequate capacities are available and facilitate the extension of water and sewer services to the site. Thank you. Eric Lawrence Eric Lawrence Executive Director 6 C f���� I�'� "I�aL EDL:- ;.i11'C"11S 540-868-1061 xl 17 Will itt ,rzr i'o V�If elawrence@frederickwater.com V 315Tasker Rd, Stephens City, VA 22655 Chris Mohn From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, August 26, 2022 1:10 PM To: Chris Mohn Cc: David Stewart; Tyler Klein; Wyatt Pearson Subject: RE: Metromont Rezoning - Frederick County Chris, I did receive the rezoning application on August 10"' for City commenting and did conduct a brief review of the proposal. I do have concerns with the rezoning given the close proximity of some low, medium and high density residentially zoned and developed City neighborhoods in relatively close proximity to the subject tract. I noticed in the Impact Analysis Statement that it states on p. 2 that "Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage." On p.3 it states that the intended activities include trailer parking and storage of finished pre -cast concrete product..." I also noticed that, in the Proffer Statement, it states in 1.]. "The Properties shall be developed with industrial_genc.ral land uses consistent with the existing_precast concrete manufacturing facility located on the adioining_proj)erties." I don't believe that the statements of intent contained in the Impact Analysis provide much assurance as to what could occur on the property long terns versus what the current owner intends to do. Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast concrete manufacturing operations arising from this rezoning. I believe that the proffered 100' wide dimensional buffer and obligation to preserve the mature existing deciduous trees within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product storage (assuming that spillage of site lighting is mitigated with year-round screening). I do not believe that it would be a sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier and perhaps taller manufacturing operations such as what appears in the two images below could be allowed. 10 1p p -Ali I would also note that mature trees do eventually die off or get destroyed during natural weather events despite best efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods? One other observation with regard to the 100' wide buffer adjacent to the CSX RR right-of-way that I would bring to your attention is that there are not many mature trees within the 100' wide swath as scaled out from GIS mapping in the scanned map image below for the portion o` the tract adjoining the homes ranging from 909-1007 Pennsylvania Avenue in the City. This is where an existing unimproved roadway traverses the site approximately 50' away from the RR right- of-way and thus few or no existing matures :reel within about half of the proposed 100' wide buffer area. Some of the existing matures trees appear to be within the 60' wide CSX right-of-way where Metromont would have no authority to preserve the trees. Fee- — Measurement Result 99.9 Feet r a Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear feet) north of where the City's Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance reads: "This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access corridors leading into the designated local and national Historic Winchester (HW) District. Such entryways warrant special attention and controls because they promote the general welfare of the community by attracting visitors and generating business through heritage tourism -based economic development. Enhancement will occur through regulation and guidance of site development including, but not limited to: sidewalks, off-street parking, signage, landscaping, mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken wall plones, fo�ode enhancements, and porches, thereby enhoncinq the overall oppeoronce of the corridor, while improving access olonq the corridor through increosed wolkobility and interrconnectivity." While the City's recognizes that there are no extraterritorial provisions associated with City zoning designations that would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as viewed from the Rte 522 public right-of-way in conjunction with this request beyond what might otherwise he the minimum requirements of properties zoned M-2 in Frederick County. I did not see under Section 2 of the proffer statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts along the property frontage. Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was hoping to be able to discuss this with our City Planning Commission at the Commission's work session on September 6th. Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief conversation with one of them about this. I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly attributable to the proposed rezoning of these properties. Thank you, Tire Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street `A/inchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email: timothy.youmans(a�vinchesterva.gov ,> 111�'11'.AV'111C'],1eSte1"�4i.,i;0� �p�<tnnill�.; From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Thursday, August 25, 2022 9:19 AM To: John Bishop Cc: Rhonda Funkhouser; Chris Mohn; Johnson, Joseph; Lineberry, Jeffery Subject: Metromont Rezoning John, We have completed our review of the rezoning application and associated transportation assessments and traffic impact statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning, it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522 in the June 30"' email below. The Traffic Assessment prepared by Kittleson e Associates, dated August 10, 2022, is advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We encourage the county to take this into consideration as part of this land use decision. Please let me know if you have any questions or would like to discuss. Thank you, Timothy Rhodes '—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 From: Timothy Pf"mN!,5_ To: Chris [.iohn Cc: Rhond•j Bishop t4 tiiit,v� Si121th; I!f1�_IL�'rLY Jc'�fY_ Subject: Metromont Follow -Up Date: Thursday, June 30, 2022 12:44:36 PM Chris, As a follow-up to Tuesday's meeting, VDOT staff has discussed the proposal and does not feel a full blown TIA would be needed for this rezoning. We believe a limited scope traffic analysis would be appropriate. Some items necessary for review would be as follows: • Please show the difference in trip generation with the proposed rezoning. • Please provide anticipated volumes and graphics to show the movements. • An entrance and safety operations analysis should be provided. • We recommend the secondary access on Rte. 522 be closed. This is the northernmost entrance and is located within the taper limits. This location also currently has large concrete blocks in the area of the guardrail, alongside of the road. These blocks need to be moved away from this area, outside of the clear zone. Please provide this information back to me for review. If you have any questions, please feel free to give me a call. Thanks, Timothy Rhodes ' , , : I'�'—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 I o oe comprerea by rlonnmg sraJJ: Pee Amount Paul �, Zoning Amendment Number Anticipated PC Hearing Date Dnte Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than t`vo owners): Name: Metromont LLC Specific Contact Person if Other than Above: Chris Pastorius Address: P.O. Box 2486, Greensville, SC 29602 Telephone: 540-665-3239 Name: KSS, L.C. Email: cpastorius@metromont.com Specific Contact Person if Other than Above: Katherine Solenberger, Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323-0221 Email: ksolenbergerl7@gmail.com 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. LaiN, firm, engineering firth, or other person, if arty, serving as the primary contact person for this application: Firm Name: Thomas Moore Lawson, PC. Specific Contact Person at Firm: Thomas Moore Lawson Address: P.O. Box 2740, Winchester, VA 22604 Telephone: 540-665-0050 Ernail: tiawson@lsple.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 ftt7rr or person such authority. 12 4. Project blame (if .any): Metromont Rezoni S. Property Information: a. Property Identification Number(s): 54-A-11 and 43-A-22 b. Total acreage of the parcel(s): 44.72+/- c. Total acreage of parcel(s) to be rezoned (if other than whole parcels) is being rezoned): 44.72+/- d. Current zoning designation(s) and acreage(s) in each designation: (54-A-11, B-2, 24.72) (43-A-22, RA, 20.00) e. Proposed zoning designation(s) and acreage(s) in each designation: (54-A-11, M2, 24.72) (43-A-22, M2, 20.00) f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(cs) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 980 North Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane h. Adjoining Properties: Parccl ID Number Use See attached 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. 13 6. Disclosure of real parties in interest Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Metromont LLC: Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605 KSS, L.C.: Katherin Solenberger; P.O. Box 1901, Winchester, VA 22604 Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ® Location Map ® Plat Depicting Metes/Bounds of Proposed 'Zoning �] Impact Analysis Statement (X� Proffer Statement (if any) ® Agency Comments ® .Fee ® Copies of Deed(s) to Property(ies) ® Tax Payment Verification ® Digital copies (pdPs) of all submitted items 14 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. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: -. )ate i1-2-- If signing s:hralf of an entity, please state name of entity and your title: Other Applicant Party (ifany): 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. 15 FREDERICK COUNTY ADJOINERS LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 1 43 A 55A CIVES CORPORATION 210 CIVES LN WINCHESTER VA 3 54 A 14 METROMONT CORPORATION PO BOX 2486 GREENVILLE 22603 4 54 A 1S METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602 5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 3724 LINDA LN ANNADALE SC 29602 30 54 A 10 SLIWINSKI HENRY F 942 N FREDERICK PIKE WINCHESTER VA VA 22003 31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 801 FAIRMONT AVE WINCHESTER VA 22603 32 53 A 60 SRE1T AUTUMN WIND LLC 591 PUTNAM AVE GREENWICH CT 22601 33 54 A 12 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 6830 34 45 A 1 SHENANDOAH VALLEY BATTLEFIELDS PO BOX 897 NEW MARKET VA 29602 CITY OF WINCHESTER ROUSS CITY HALL ATTN TIM YOUMANS 15 N CAMERON ST WINCHESTER VA 22844 43-A-28A STEPHEN PHILLIP WILLIAMS LLC PO BOX 2556 WINCHESTER VA 22601 43-A-23 OSCAR JENKINS 425 LENOIR DR WINCHESTER VA 22604 22603 43-A-26A BROWNING-FERRIS INDUSTRIES PO BOX 29246 PHOENIX AZ 43-A-21 HORIZON STONEWALL 4A OWNER LLC 3343 WESTCHESTER PIKE NEWTOWN SQUARE 35038 PA 19073 CITY OF WINCHESTER ADJOINERS LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 6 114-01-130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 7 114-01-129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22645 9 114-01-127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601 10 114-01-126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22601 11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 2262S 12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 22601 14 114-01-122 DAVE HOLLIDAY RENTALS 120 W JUBAL EARLY DR, STE 10 WINCHESTER VA 22601 15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07-118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07-117 CROSEN VERMONTJR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06-19 JOYNER OTIS V 112 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06-18 JOYNER OTIS V 112 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601 24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06-15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601 27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06-10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 C' Co Special Limited Power of Attorney �P4 County of Frederick, Virginia Frederick Planning'Website: wwv%Jcva.us T 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. KSS, L.C. Name of Property Owner/Applicant Plcase note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons overt the property or are applicants, an executed power of attorney from each owner will be needed P.O. Box 1901 Winchester, VA 22604 540-323.0221 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: 43-A-22 do hereby snake, constitute, and appoint: Greenway Engineering, Inc, Name of Attorney -In -Fact 151 Windy Hill Lane, Winchester, VA 22602 540-662-41e5 Mailing Address of Attomey-lo-Pact I clephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: ❑✓ Rezoning in , Subdivision Conditional Use Permit 91 Site Plan Master Development flan (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 r,gar from the day that it is signed, or at such sooner time as I otherwise resci4or modifv it. ,t'» Signature "go)Title {if sigI bel If on entity) , ► r`" __ SSL G- State of v' if County/Gty of t't tC.Y�._._.__ To wit: 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 some before me in the jurisdiction aforesaid this day of f �My Commission Expires: ;`P�' ....,,do '•, Registration Number: •'NOTARY' • �L ' PUBLIC 's REG # 324329 . My CONIIM,SSION �� oG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Metrornont LLC Name of Property Owner/Applicant Please note If the property owner/applicant is an entity. the name of the entity should appear above If multiple persons own the property or are applicants, an executed power ofattomey from each owner will be needed P.O. Box 2486, Greensville, SG 29602 540-06.3239 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: 54-A-11 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -fact 151 Windy Hill Lane, Winchester, VA 22602 $40-662.4185 Mailing Address of Attorney -In -fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓[] Rezoning Subdivision 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 resci rpr mods y it. Signature _. ------ Title (if signing on behalf of an entity) State of ` � .il I —, Countyleit.rof J i('d?l � � To wit: i,i I t , , ' , _._... _ , 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 ie before me in the 'urisdiction aforesaid tMhis i day of it-1 1 t , 20 ` �F My Commission Expires:90.3�. _. Notary Public .' ON T .,� Registration Number: j,;l�f 3��s PUBLIC • REG # 3243 �4 . EXPIRES 10131120 ''•, �4LTH 0F"' `' cX a� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us n 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: Melromont LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name orthe entity should appear above If multiple persons own pie property or are applicants, an executed power of attorney from each owner will be needed. P.O. Box 2486, Greensville, SC 29602 540-"5-3238 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: 54-A-1 t do hereby make, constitute, and appoint: Thomas Moore Lawson, PC. Name of Attorney -In -Fact T P.O. Box 2740, Winchester, VA 22604 540-685.0050 Mailing Address of Attorney -In -fact i'clephone 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 1 would have If acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ❑✓ Rezoning Subdivision Conditional Use Permit ✓ Site Plan Master Development Plan (prelim. or final) r'j Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to o 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 resc' ,d Wao it, SignatureTitle (if signing onn entity` State of+ta Court of. V ty?' �`.. , To twit: 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 me in the 'urisdiction aforesaid this day of 20,'k . My Commission Expires: 1 � 'i Notary Public �ON T.' ,,� Registration Number: �; -Ivy O, Q •'NOTARY'• PUBLIC • REG # 324329 0 EXPIRES twig Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www Ava.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: KSS, L.C. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. Ir multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. P.O. Bar 1901 Winchester, VA 22604 540-323.0221 Mailing Address of Property Owner/Applicant lVephone 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: 43-A-22 do hereby make, constitute, and appoint: Thomas Moore Lawson, PC. Name of Attorney -In -Pact P.O. Box 2740, Winchester, VA 22604 Mailing Address of Attorney-In-racl 540-665.0050 Telephone Number to act as my true and lawful attorney -in -fact for and in my Blame, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ❑✓ Rezoning Subdivision Conditional Use Permit ,/ Site Plan u Master Development Plan (prelim. or final) Variance or Zoning Appeal aad, 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 yea rgtxrthe day that it is signed, or at such sooner time as I otherwise rescind or modify it, J Signature 04� Title (if signi g on a 1a et y /'" .S� C State of J i f C . 1.i11L'L County/£i+y of�.:-- To wit: I, R. I.. L L! -r.. L' LA, , 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— day of ' I . , 20,,'4 _7 �" eN � -" My Commission Expires: L..--.- Notary� "vb .•'QV ...••..,d0 '•o Registration Number: 135.11M P1;8L1C REG # 324329 . MY COMhi SSION• 10/31120 �ALTH.OF 0001160114W 10Cx iail'y ®Y F�Zea! Map Number: 43 A 22 Vicw_,\1a1, Name: FOSS LC ViewBill View lljcl,_(iffiili 8008520 RE2021 13490 1 6/7/2021 '0'_1 IZI A I'._STA"I_F_ S0.00 ViewBill View li_u;1. tit' Hill 8008520 RE2021 13490 2, 12/6/2021 '0'1_RI_:A1 I_S"fATF 50.00 ViewHill Vice li.wk ))f Bill 8008520 RE2022 22179 16/6/2022 0-??_.R1 nl I?S"I'NIT SO.00 8008520 RE2022 22179 2 12/5/2022 '0?:? ItI__n_I. I.S"1 1T'I? S19.82 Total Due: $19.82 Return to Search heli»iry of Real Map Number: 4, A I9 ViC'v._VAp Name: II,IE.,"I"ROMONT COF'',::)F PION Viewilill Vie\c_fhck nt'Hill 8015252 RE2021 27710 1 6/7/2021 .'.U_,'.I RF AI. FSVAl I 50.00 Vie chill \'i<<c It l_it'liill 8015252 RE2021 27710 2. 12/6/2021 .'Q.'_I IZI:_A1. 1.liI \_ll_: 50.00 ViewHill View H,wl. pit Hill 8015252 RE2022 27179 1 6/6/2022 ,10?7. RF AI S0.00 1 8015252 RE2022 27179 2. 12/5/2022 .'01 2 IZI{iAl. F-S"J'A_ll_ S4,527.42 1"cital Due: $4,527.42 Return to Search 210021532 Tam U--qj-vl w'" �-- -W-> W--0591IP411 CERTIFICATE OF FACT Certffy the Following from the Records of the Commission: The records of this office show on November 23, 2021, MM SL•irte Lane, LLC, a South Carolina filnited liabitity company registered to transact business in Virginia, filed in the Office of the Secretary of State of South Carolina, articles of merger, merging MM Stine Lane, LLC into METROMONT CORPORATION, a South Carolina corporation registered to transact business in Virginia, a duty authenticated copy wasfited in the Clerl2's Office of the Commission on December 9, 2021. Nothing more is hereby centified- Signed and Sealed at Richmond on this Date: December 20, 2021 VIRGINIA: FREDERICK cOUNT'Y, sc-r. - This instrument of writing was produced to me on J • �7 at ; 00 P►� and with certificate of acknowh;dgement thereto annexe) was admitted to record. 71 ax imposed by See. 5R.1-802 of /� 5 _L, and 58.1-801 have been paid, if usessablc CERTIFICATE NUMBER: 2021122016694804 Ammwlimk TM DEED made and dated this 3 P' day of January, 2018, by and between SHOCKEY BROS., INC. (akY Shockey Brothers, Inc.), a Virginia corporation, party of the first part, hereinafter Grantor, and MM STINE LANK, LLC , a South Carolina limited liability company, party of the second part, hereinafter Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with Special Warranty of title, unto the Grantee, all of its right, title and interest in and to those certain parcels of land, together with improvements thereon and all rights, rights of way and appurtenances thercunto belonging, situate in Stonewall Magisterial U S ? District, Frederick County, Virginia, more particularly described on Exhibit A attached hereto and o E-- incorporated herein by this reference. Reference is here made to the aforesaid instruments and the attachments and the references s � � therein contained for a further and more particular description of the property hereby conveyed. Uo This conveyance is made subject to all casements, restrictions and conditions of record and 73 N b O •� contained in the deeds forming the chain of title to the above -described properly provided, however, o� a that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record N othat may have expired or lapsed. WITNESS the following signature and seal: Shoe key Bros. In '. a earp By: I (SEAL) J. D t1 hoc , Jr., airman COMMONWEALTH OF VIRGINIA CI"I"Y OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 31 s1 day of January, 2018, by J. Donald Shockey, Jr., his capacity as Chaircmt of Shoc key Bros, hie., a Vir inia corporation. �"*5Lk=- My Commission expir Notary Registattion No.: (_�3 This Dced Prepared by: 14. Edmunds Colcnurn, 111, Esq. VSB 015449 Bryan & Coleman, PLC 1 18 South Braddock Strect Winchester, VA 22601 'rc1: (540) 545-4172 L:LShockey Bros to MM Stioe\Detd (11II111) 1-31-I8.doc pgNse L. ThomaS Notaryr,pov tth of Vlrginla fipg. 0139068 FO iR ppy co�"elan explroa Au0ust31 EXHIBUY A PARCEL ONE: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 24.7426 acres, more or less, Lis shown oil that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Lester A. Elliott, Jr. Estate and Lester A. Elliott, Jr. Estate & Carlin L. Smith, Et Ux" dated June 9, 1995, prepared by S. W. Marsh, L.S., attached to and recorded with that certain Deed dated June 23, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 841, at Page 1576; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 23, 1995 from Carlin I.. Smith, inclividually and as Executor under the Will of Lester A. Elliott, Jr., Deceased, and Georgic E. Smith, his wife, and Georgic E. Smith, Lynn E. Reed, Lester A. Elliott, III, Aubrey C. Hall, III and Holly S. Nichols, formerly known as Holly S. Hall, beneficiaries of the Estate under the Will of Lester A. Elliott, Jr., deceased, recorded in the aforesaid Clerk's Office in Deed Book 841, at Page 1576. TMP No. 54-A-11 980 N Frederick Pike Winchester, VA 22603 PARCEL TWO: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 27.192 acres, more or less, as described in the "Area Tabulation" on that certain Final Plat for Boundary Line Adjustment Between the Lands of Shockey Bros., Inc., prepared by Greenwuy, Inc, dated July 25, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 843, at Page 130, and being an aggregate of the 26.5102 acres, as shown on that certain plat and survey of R.M. Bartenstein & Associates dated May 21, 1964, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 304, at Page 579, and more particularly described as Parcel 4 and a portion of Parcel 4A on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING all of Parcel One and part of Parccl Two that were conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. TMP 54 A 12 217 Stine Lane Winchester, VA 22603 PARCEL THREE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 4.3668 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. C-D TMP 54 A 13 219 Stine Llano -9 - Winchester, VA 22603 c:a PARCEL FOUR: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 44.28 acres, more or less, as shown on that plat and survey prepared by Lee A. Ebert, C.L.S., dated November 7, 1973, attached to and recorded with that certain Deed dated November 30, 1973, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 421, at Page 623, and more particularly described as Parcel 7 on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688, less and except 0.4990 acres, conveyed to David Matthews Smith and Alson.H. Smith, Jr., by Deed dated July 26, 1996, from Shockey Bros., Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office in Dced Book 863, at Page 793. TMP 54 A 14 44.28 acres PARCEL FIVE: All of that oertain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 32.20 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of tote Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688. TMP 54 A 15 32.20 acres PARCEL SIX: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging;, situate approximntely 1-1/2 miles North of Winchester, a short distance West of U.S. Route 11, in Stonewall Magisterial District, hredarick County, Virginia, containing 1.50 acres, more or less, and more particularly described on the plat and survey of H. Bruce Edens, C.L.S., dated August 3, 1972, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 395, at Page 710; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated February 22, 2008, from Toms Brook, Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office as Instrument No. 080002157. TMP 54 A 15A 234 Stine Line Winchester, VA Z2603 LAShockcy Bros to MM Stinc\F-xhibit A - Propa ty Descriptions for Dccd.docx VIRGINIA: FREiDERICK COUNTY, SCf. /"ibis instrument of writing was produced to me on nd with rtificate of acknowicdgemcn�to annexed was admitted to record. Tax Imposed by Sao. 58.1-802 of Lind 58.1-801 have been paid, if assexsable �' Clerk 21awW Cl) Grantee Address: P.O. Box 2368, Winchester, VA 22604 Assessed Value: N/A Title Insurance: None Tax Map Nos.: 53-A-70, 43- A-22, 42-A-61, 42-A-62, 52-A-48, 52-A=49, 41-A-170, Consideration: This deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (10), Code of VA. THIS DEED , made and dated this 1 st day of July, 2021 by and between FRUIT HILL ORCHARDS, INC. a Virginia corporation ( aka Fruit Hill Orchard, Inc.) party of the first part, hereinafter called the Grantor (indexed as Grantor), and KSS. L.C., a Virginia limited Iiability company, part of the second part, hereinafter called the Grantee (indexed as Grantee). RECITALS: R.1. Fruit Hill Orchard Inc. is the sole member of KSS, L.C., Virginia limited liability company ( the "Company"); and, desires to distribute to its Company the I hereinafter described properties set forth on the Schedules attached hereto, Witnessth: NOW, THEREFORE: That for and in consideration of the benefits to accrue thereby, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL Warranty of Title, unto the Grantee, in fee simple absolute, all of the following tract or parcel of land, lying and being situate in the County of Frederick, Virginia set forth on KSS LC Schedules A-1, A-2, A-3, A-4 attached hereto and by this reference made a part hereof as if set out in full. Page 1•of2 C: 2021NewFiles/Fruit Hill/KSS/2021-016 WITNESS the following signature and seal. FRUIT HILL ORCIIARD, INC. By: (::�&Otu 64 111,, ! ,,;, (SEAL) Diane S. Kearns, President COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT I, aa44 V11At, , a Notary Public in and for the State and jurisdiction afore aid, do hereby certify that i ne S. Kearns , President of Fruit Hill Orchard, Inc. whose name is are signed to the forego ng DEED dated the Ist day of July 2021, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. / Given under my hand this ! ,iI day of July, 2021. My Commission expires / / 3 / / -� Registration No: —70 /D -7 4 L/ This Deed Prepared By: Benjamin M. Butler, PL 112 S. Cameron Street Winchester, VA 22601 VA. Bar No.01357 C: _e,•' NOTARY PUBLIC RFG. #70to784'. My contiMlsslota : ¢ — 0. lop PIPS U 6 F\1�� c� KSS LC- SCIiEDULE A-1 W All of certain tract or parcel of land, situated in Back Creek Magisterial District, Frederick County, Virginia, containing 30.185 acres , lying northwest of U.S. Highway No. 50 , and shown as on a plat and survey prepared by Richard U. Goode, L.S. dated October 20,1960, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed Book 267 at Page 187, together with a twenty —foot ( 20') right of way as Shown on the aforesaid plat and by this reference Made a part hereof as if set out in full and being the same property conveyed to Fruit Hill Orchards, Inc. by Deed dated November 27`h, 2002 from C.R. Solenberger and Bessie S. Solenberger, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 020020744. Tax Map No. 53-A-70 PEW KSS, LC- SCHEDULE A-2 co All of certain tract or parcel of land, situated in Stonewall Magisterial District, Frederick County, Virginia, containing 20 acres , in gross and not by the acre, together with all rights and appurtenances thereunto belonging,( including , but not limited to, that certain -right of way acquired by Roy R. Boyce e1 ux by Deed from the Lenoir City Company, dated April 27,1967 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed book 332 at Page 126, conveying right of access from the land herein conveyed to U.S. Highway No. 11) and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated August 22"d, 1969 from Roy R. Boyce and Pearl Virginia Boyce , his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 356 at Page 310. Tax Map No. 43-A-22 T --n G7 V� lD KSS LC- SCHEDULE A-3 �o All of certain tract or parcel of land, situated in Gainesboro ( formerly Back Creek District) Magisterial District, Frederick County, Virginia, containing 32 acres , 3 roods and 10 square poles, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , lying and being situate a short distance East of Virginia State Secondary Highway No. 654, about three miles Northwest of Winchester, and further being the aggregate of two contiguous tracts of land , formerly identified as the orchard tract and the new ground tract ,respectively, one containing 24 acres, 2 roods and 26 poles, more or less and the other containing 8 acres and 24 square poles, more or less, and described by metes and bounds according to a survey thereof made by A.J. Tavenner,'Surveyor, of Frederick County, on June 171h,1915 as set forth in the hereinafter mentioned Deed and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 26`h, 1982 from Nelson L. Carpenter and Margaret S. Carpenter, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 546 at Page 194. Tax Map No. 52-A-48 and 52-A-49 11 c-� 0 KSS LC- SCHEDULE A-4 0 All of certain tract or parcel of land, situated in Gainesboro ( formerly Stonewall District) Magisterial District, Frederick County, Virginia, about three miles west of the City of Winchester, known as the Poor House Farm, and containing 274.0744 , more or less, according to plat and survey made by Richard U. Goode, Certified Surveyor, on June 24, 1965 attached to the hereinafter mentioned Deed , together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 29`h, 1968 from Fred E. Unger et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 341 at age 47. Tax Map No. 41-A-170 0 VIRGINIA: r-REDERICit C01JNTY.SCT. %instrument otwritingmsprorluce�oft�omeon tr��ati3`r r d>n,t.�ceftif itead(nowledgkentthe etoannexed asa mittedtorecord. TaxrmposedbvSec.58.1-802of �and58.1801 havebeenpaid, ifassessable. Clerk REZONING APPLICATION #08-22 METROMONT Staff Report for the Board of Supervisors Prepared: October 3, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/21 /2022 Recommended Approval Board of Supervisors: 10/12/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/12/22 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone+/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and -F/- 24.72-acres (south parcel, PIN 54-A-1 1) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete manufacturing and storage) in the Stonewall Magisterial District. The Planning Commission at tlleir September 21, 2022, meeting sent the rezoning application forward with a recommendation of approval. Updates Since Planning Commission Action: Since the Planning Commission meeting, staff acknowledges the preliminary review failed to catell that no M 1 (Light Industrial) District uses (allowed in the M2 District by right) were proffered out, and in turn had communicated to the Planning Commission at the time of public hearing that the applicant made all necessary adjustments. This initial assessment was made in en-m- and additional comments to clarify the uses permitted were provided to the applicant after Planning Commission action. A revised proffer statement, dated September 30, 2022, has since been reviewed by staff. The revised proffer statement does not restrict use of the property to only those uses studied in the Impact Analysis Statement and Ti•aff c Study. The application does not address impacts to local fire and rescue services and how they may be offset. Thus, as proposed, the M2 zoning without restricting the development of the properties to only pre -cast manufacturing, outdoor storage, and tractor truck trailer parking could have a significant negative impact on adjoining residential uses. Follmviug the required Imblic hearing• a decision regarding this rezonine application bl, the Board of S„l)ervisarc would be agf-yol2riate The A1212Iicant should be nrcpared to acicauately address al! concerns raised by the Board L)t* StIgeryisors. Rezoning #OS-22 — Metromont October 3, 2022 Page 2 This report is prepared Gti, the Frederick Coulrty Plalurilr, Staff to provide information to the Planning Commission and the Board of SUperyhors to asy st them in making a decision on this application It may Also be usefid to others interested in this zoning, matter. Unresolved lbsues concerning this application are Noted Gy staff Where relevant throughout this strlff report PROPOSAL: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/-24.72-acres (south parcel, PIN 54-A-1 1) fi-om the 132 (Business General) District to the M2 District with proffers for a total of 44.72- acres. LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-1 1 & 43-A-22 PROPERTY ZONING: RA (Rural Areas) District 132 (Business General) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North Parcel (PIN 43-A-22) North: Route 37 South: M2 (Industrial General) East: M 1 (Light Industrial) West: M2 (Light Industrial) South Parcel (PIN 54-A-1 1) North: M2 (Light Industrial) RP (Residential Performance) South: RA East: City of Winchester West: RA 132 (General Business) Use: Highway Use: Industrial/Outdoor Storage Use: Manufacturing Use: Vacant Use: Industrial/Outdoor Storage Vacant/Unimproved Use: Vacant Use: Single -Family Detached Residential Use: Residential (SPD) Use: Vacant Rezoning #08-22 — Metromont October 3, 2022 Page 3 REVIENV EVALUATIONS: Planning & Zoninp,: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Wi11cl1CStC1' Quadrangle) depicts the north parcel (PIN 43-A-22) 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. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south parcel (PIN 54-A-1 1) as being zoned B2 (General Business) District. There are not any previously approved rezonings, or other development plans, for the subject parcels. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The Comprehensive Plan and Northeast Land Use Plan identifies the north parcel (PIN 43-A- 22, currently zoned RA) with an "industrial" land use designation. The pared is also within the limits of SWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick Land Use Plan designation for "industrial" uses as it relates to this area of the County. The Comprchensive Plan identifies the south parcel (PIN 54-A-I 1, currently zoned 132) with a "business" land use designation; the south parcel is not within the limits of any area plan. Tile parcel is also within the limits of' the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation for "business" uses as it relates to the area of the County. However, staff notes the expansion of the existing industrial use onto the subject property may otherwise be appropriate if potential impacts are Sufficiently mitigated. Rezoning #08-22 — Metromont October 3, 2022 Page 4 3) Access & Transportations The Impact Analysis Statement notes use of existing commercial site access from Route 522 and Stine Lane (private road)/Route 11, and use of private drives for internal circulation. Tile existing Route 522 commercial entrance is already improved with southbound left turn lanes and Ilorthbound fight tufts lanes. The applicant, in their revised proffer statement (dated September 30, 2022), further restricted use of one of the Route 522 entrance only to use by utility providers for access/service and not to be used for industrial operations. This proffered restriction otherwise satisfies VDOT's comments. 4) Proffer Statement & Impact Analysis Restriction on Uses The Prof kr Statement, revised September 30, 2022, further restricts the use of the property to certain M 1 (Light Industrial) and M2 (hxlustrial General) District uses. However, the revised proffers do not restrict it to only those uses reviewed/studied in the Impact Analysis Statement and D-ci f c Study, i.e., manufacturing, storage of precast product awaiting delivery, tractor truck trailer parking and outdoor storage. The application also does not address impacts to local fire and rescue services. Thus as proposed the M2 Zoning without restricting the development of the properties to only pre -cast manufacturing outdoor storage and tractor truck trailer harking could have a significant negative impact oil adjoining properties. Buffers & Screening The proffer statement (dated 9/30/2022) and Generalized Development Plan specifics tree save areas adjoining existing residential uses, ensuring that the existing mature vegetation, in addition to any Zoning Ordinance required buffers, is maintained to create a barrier between residential and future industrial uses. Further, between the subject properties and the City of Winchester residents there is also an existing railroad right-of-way that is approximately 12- to 15-feet above grade also serving as a screen. Historic Resources Advisory Board: Please see attached comments from IlI'yatt Pearson, AICP, Planning Director, dated July 25, 2022. County of Frederick Attorney: Please see attached comments from Roderick B. lVilliams, Count)) Attorney dated August 22, 2022. Frederick Water: Please see attached comments -om Eric Lawrence, EvecidNe Director, dated August 19, 2022. Virginia Department of Transportation: Please see attached comments from 11DOT dated August 25, 2022. Rezoning #08-22 — Metromont October 3, 2022 Page 5 City of «'inclnester: Please see attached commentsfi•om Tim Youmans, Planning Director, dated August 20, 2022. Frederick County Public Works: No comments. Frederick County Fire and Rescue: No comments. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission held a public hearing on September 21, 2022. Staff noted in their presentation that a revised set of proffers, dated September 21, 2022, had been received a few hours prior t0 the meeting and that the OUtstanding ISSLICS OUtllned In the Planning Commission Staff report may be addressed. Staff noted that the items addressed in the revised ln•OfferS included: limiting the allowed industrial uses, clarifying points -of -access and restrictions on access from Route 522, and CIISLII•lllg the proffered tree Save area WOUld be regUil•Cd in addition to any Zoning Ordinance requirements for buffering/Screening. However staff clarified that given the time of receipt for the proffers a thorough review including review by the County Attorney had not been completed prior to the meeting. The applicant representative also presented and highlighted the tree save areas and existing mature vegetation as a screen to adjoining residential uses, primarily in the City of Winchester. No members of the public spoke during the public hearing. The primary discussion among the Planning Commission was support for the expansion of an existing operation and acknowledging the commitment of the owner to address concerns through the revised proffer statement, subject to acceptance by the County Attorney and Planning and Development department staff. The Planning Commission sent the proposed rezoning application go forward to the Board of Supervisors with a recommendation of approval (1 1-0-2; Commissioners Kozel & Molden absent). Following the re juired guhlie hearing a decision regyrding, this rezoning application by the Board of Srupendsorc would be r l)propriate. The Applicant should he prepared to adeaulrtely address all concerns raised by the Board o 'Supen ivorti'. i • COUNTY of FREDERICK Dcpartncilt of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 14, 2022 Thomas Moore Lawson, P.C. P.O. Box 2740 Winchester, VA 22604 RC: RLZONING 08-22 Metronlont PIN #: 43-A-22 and 54-A-11 Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of' Supervisors at their meeting on November 9, 2022. The above -referenced application was approved to rezone +/- 20-acres (PIN # 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres (PIN ## 54-A-1 1) from the 132 (General Business) District to the M2 District with proffers for a total of 44.72-acres. Parcel PIN # 43-A-22 is located south of Route 37 and west of the terminus of Cives Lane. Parcel ## 54-A-1 1 is generally located west of' the City of Winchester limits and north of Routc 522 arc in the Stonewall Magisterial District. The proffer statement originally dated August 26, 2022, and revision dates of September 21, 2022, September 30, 2022, October 20, and November 9, 2022, 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 ol'the adopted proffer statement for your records. Pursuant to §165.102.06C, the County Attorney will present the �N,ritten proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if'you have any questions regarding the approval ol'this rezoning application. Sincerely, i M. Tyler Klein, AICP Senior Planner MTK/pd Attachments cc: Judith McCann -Slaughter, Stonewall SLII)Crv1SOl- Justln Kerns and William A. Orndoff, Stonewall Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution Chris Pastorius, P.O. Box 2486, Greensville, SC 29602 Katherine Solenberger P.O. Box 1901, Winchester, VA 22604 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 • Pam Deeter To: Judy McCann -Slaughter; Justin Kerns; William Orndoff Subject: approval letter for Metromont Rezoning Attachments: Metromont #08-22 Approval - TK EDITS.doc Good morning, Please find attached the approval letter for Metromont Rezoning. 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 Pam Deeter From: Microsoft Outlook To: Justin Kerns Sent: Tuesday, November 15, 2022 8:21 AM Subject: Delivered: approval letter for Metromont Rezoning li. ; •livered (wing re Subject: approval letter for Metromont Rezoning Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Tuesday, November 15, 2022 8:21 AM Subject: Delivered: approval letter for Metromont Rezoning lic divered Wing rc Subject: approval letter for Metromont Rezoning i HISTORIC RESOURCE ADVISORY 130ARll I-IRAI3 REVIEW APPLICATION 1. ProjectNanie fany): Metromont Rezoning 2. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Metromont LLC Chris Pastorius Specific Contact Person if Other than Above. Address: 219 Stine Lane, Winchester, Telephone: (540) 665-3239 Name: KSS, L.C. Specific Contact Person if Other than Above: VA 22603 Email: cpastorius@metromont.com Katherine Solenberger Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323-0221 Email: ksolenbergerl7@gmail.com 3. Law firni, engineering firm, OF other person, if any, serving as the primary contact person for this application: rir.,,,Name: Thomas Moore Lawson, PC. Specific Contact Person at Firm: Thomas Moore Lawson Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 4. Property Information: a. b Er„ail: tlawson@lsplc.com Property Identification Number(s): 54-A-11, 43-A-22 Total acreage of the parcel(s): 44.74 +/- Stonewall c. Magisterial District(s): d. 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): 980 N. Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane. • • 1',i-, 13 e. Type of Request — describe the type of land use application being submitted for review by the HRAB (rezoning, conditional use permit; master development plan; etc): Rezoning to the M2, Industrial General District f. Description of the proposal — provide a detailed overview of the proposed use: Rezoning of two parcels currently zoned B2, General Business and RA, Rural Areas to the M2 District to permit expansion of the existing Metromont pre -cast concrete facility. g. Are there structures 50 years old or older within or adjacent to the project areaesFI-no h. Has this project been previously reviewed by VA DJAR? ��'es DI-IR# [V i. Have any architectural or archaeological surveys of the area been conducted`.✓ ycs F1 no If yes, provide a copy of the survey. j. Is this property within an existing or potential rural historic district?Q,e_,FV/] ncL3mknown lc. Adjoining Properties: Parcel ID Number Use Zoning See attached • • 5. Checklist. Please check that the following items have been included with this application: I V I Copy of Rezoning; Master Development Plan, Conditional Use Permit application and supporting materials, including at a minimum: o Impact analysis required by Section 165-102.05 of the Frederick County Zoning Ordinance, including the location of historic structures and sites in relation to the site and impacts on those historic structures and sites. o Any rezoning proffers proposed by the applicant to preserve historic and archaeological resources on the site pursuant to Section 165-102.06 of the Zoning Ordinance. o Generalized Development Plan, Master Development Plan, Conditional Use Site Plan for the property, if available, showing the type and location of proposed new development and the treatment of any historic structures and features on the site. o Description of proposed development or COIlStRICtiOn project, including proposed uses and general tinneframe for development. Description of proposed development or construction project, illCluding Proposed uses and general timeframe for development. Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, State, or national historic register, relevant information on record with the Virginia Department of I-listoric Resources - DHR) and presence of other historic structures or significant landscape features or archaeological sites. Iy l Provide mapping from the DHR's Virginia Cultural Resource Information System (V-CR1S). v Indicate if structures 50 years old or older are present on the site but have not been surveyed and recorded at MR. The date oi' construction for structures is often indicated in County tax records. VClear and labeled color photographs of all historic resources on the property and adjacent to the property. For properties located oil the site, provide interior views that identify the character and defining features of the site, These photographs need to show all existing buildings and the relationship of the proposed project to the surrounding area. Drawings showing the location of existing building and other structures on the site. If sites have previously been surveyed and recorded with DI-IR, but the survey is more than 10 years old, a new reconnaissance -level survey shall be conducted. I',tL�': 6. Signature(s): I (we), the undersigned, do hereby respectfully make application to the Historic Resources Advisory Board. I (Nve) authorize Frederick County officials to enter the property for site inspection purposes. I (N e) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date�2 If signing on behalf of an entity, please state name of entity and your title: Owner: v' Date �-- If signing on vialfof an entity, please state name of entity and your title: t5� — A—�Alll Other Applicant Party (if an),): Date If signing on behalf of an entity, please state name of entity and your title: Please note that the applicant or his/her appointed representative must be present at the meeting. Pam Deeter From: Microsoft Outlook To: William Orndoff Sent: Tuesday, November 15, 2022 8:21 AM Subject: Delivered: approval letter for Metromont Rezoning li, ivered wing re Subject: approval letter for Metromont Rezoning 0 0 August 22, 2022 VIA E-MAIL Mr. Christopher Mohn Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@feva.us Re: Rezoning Application — KSS LC and Metromont LLC Tax Parcel Numbers 43-A-22 and 54-A-1 1 (the "Property") Dear Chris: You have submitted to Frederick County for review a proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 44.74f acres in the Stonewall Magisterial District, from the RA (Rural Areas) and B2 (General Business) Zoning Districts to the M2 (Industrial General) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Introduction, paragraph 2 — The provision — "Any proffered conditions that would prevent the Owner from conforming with State and/or Federal regulations shall be considered null and void." — impermissibly reverses the land use approval process in that, by the Owner obtaining a rezoning subject to this provision, the Owner would automatically receive currently undisclosed exceptions from the proffer conditions, without the knowing approval of the Board of Supervisors. This would also violate the stated purpose of conditional zoning: "whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned." Va. Code § 15.2- 2296. If an activity cannot take place in compliance with applicable federal, state, and local laws, regulations, and ordinances, it cannot take place, and a rezoning application would be necessary, for the Board to consider possible amendments to the zoning classification and/or the proffers. Mr. Christopher Mohn • August 22, 2022 Page 2 Proffer 1.1 — If the intent of the proffer is to limit use of the Property to accessory uses to support the existing manufacturing facility, then it should so state that directly as a limitation, e.g., "Use of the Property shall be limited to accessory uses to support the existing manufacturing facility." Along the same lines, staff should be aware that, notwithstanding the assertions in the impact statement regarding transportation, the proffer does not limit potential expansion, on the Property, of the existing manufacturing facility and, therefore, nothing in the proffer prevents potential increased transportation impacts. Only if the proffer were to limit use of the Property to accessory uses to support the existing manufacturing facility on the adjoining properties might the impact statement support the proffer, with respect to just activities on the Property. Proffers 2.1 and 2.2 — The proffers should use parallel language. At present, the proffers use differing terms — "preserve" in 2.1 and "mature" in 2.2, "buffer" in 2.1 and no similar term in 2.2. Also, the railroad line adjacent to parcel 54-A-1 1 is the Winchester & Western and not CSX. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) N N From: Timothy Rhodes <timothy.rliodes@vdot.virginia.gov> Sent: Thursday, August 25, 2022 9:19 AM To: John Bishop Cc: Rhonda Funkhouser; Chris Mohn; Johnson, Joseph; Lineberry, Jeffery Subject: Metromont Rezoning John, We have completed our review of the rezoning application and associated transportation assessments and traffic impact statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning, it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522 in the June 301h email below. The Traffic Assessment prepared by Kittleson & Associates, dated August 10, 2022, is advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We encourage the county to take this into consideration as part of this land use decision. Please let me know if you have any questions or would like to discuss. Thank you, Timothy Rhodes °IDO 1i Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 so From: To: Cc: Subject: Date: Chris, Timothy Rhodes Chris Mohn Rhonda FunkhoU58r; John Bishop; Matthew Smith; Lineberry. Jeffery Metromont Follow -Up Thursday, June 30, 2022 12:44:36 PM As a follow-up to Tuesday's meeting, VDOT staff has discussed the proposal and does not feel a full blown TIA would be needed for this rezoning. We believe a limited scope traffic analysis would be appropriate. Some items necessary for review would be as follows: • Please show the difference in trip generation with the proposed rezoning. • Please provide anticipated volumes and graphics to show the movements. • An entrance and safety operations analysis should be provided. • We recommend the secondary access on Rte. 522 be closed. This is the northernmost entrance and is located within the taper limits. This location also currently has large concrete blocks in the area of the guardrail, alongside of the road. These blocks need to be moved away from this area, outside of the clear zone. Please provide this information back to me for review. If you have any questions, please feel free to give me a call. Thanks, Timothy Rhodes VDOT Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 0 OCOUNTY of FREDERICK July 25, 2022 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.0 Box 2740 Winchester, VA 22604 Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Metromont Rezoning Application Zoning: RA (Rural Areas) District Property Identification Numbers (PINS): 54-A-11 & 43-A-22 Magisterial District: Stonewall Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their meeting on July 19, 2022. This application seeks to rezone two parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike (Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion of the existing Metromont pre -cast concrete facility. Following their review of this application, the HRAB recommended the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB recommended the applicant consider leaving buffers along the northwestern edge of the southern parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a historic resource. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, Wyatt Pearson, AICP Director of Planning & Development WGP/pd cc: Gary Crawford, HRAB Chairman Tyler Klein, Frederick County Senior Planner 107 North Kent SU-cet. Suite 202 • Winclester. Virginia 22601-5000 F�II:(.,E_:IV I_LJ • G RezoniIIg ComIIlents i is luni:n l,cnmly l�ubhi, WorhS 8 InspeCfao(iS Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester; Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of'Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane 1 elep11011C: 540-662-4185 Location of properly: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current Zoning: B2 and Ra ZoniIlg requested: M2 Department of Public Works Comments: —I)e 0 �� VIO Ctn� -j" e LL, 7L5 0- -� 4�7 /- - Acreage: 44.72 Public Works Signature & Date ���---� - 26 - ZZ Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 0 0 Rezoning Comments RECEIVED AU6I 0 201 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 VA/inchester, 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. Applicants Name: Greenway Engineering, Inc. Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current Zoning: B2 and Ra Zoning requested: M2 Acreage: 44.72 Fire Marshal's Comments: Fire Marshal's Signature & Date: b — Notice to Fire Marshal - Please Return This Form to the Applicant 23 Dederick County Fire and Rmue 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 Shockey Precast, a Metromont Company 219 Stine Ln Winchester, Virginia 22603 Phone: 540-401-0101 Engineering Firm : Greenway Engineering Status: Approved Printed Date: 08/18/2022 Received Date: 08/10/2022 Occupancy Type: Manufacturing Review Begin Date: 08/18/2022 Property Use: Manufacturing Review End Date: 08/18/2022 Activity Number: 1081063 Hours: 1.0000 Review Cause: Application Project Name Metromont Rezoning Comments: No comments A4 lla4o-kla Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 From: Eric R. Lawrence To: Chris Mohn Subject: Metromont Rezoning agency review comment Date: Friday, August 19, 2022 1:57:16 PM Chris, Thank you for providing Frederick Water the opportunity to provide comment on the Metromont Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to rezone two properties (PIM #43-A-22 and 54-A-11) to the Industrial General (M2) Zoning District. The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy may utilize Frederick Water's public water and sewer services. The application states that connection to and use of the water and sewer services is not required, and similarly does not provide any water and sewer demand projections. Because the application does not require, nor propose to, use the water and sewer services, Frederick Water provides no guarantees nor assurances that public water and sewer services and its capacities are available for use on the property. Should the properties elect in the future to connect to Frederick Water's water and sewer services, the property owner, at their costs, will need to demonstrate that adequate capacities are available and facilitate the extension of water and sewer services to the site. Thank you. Eric Lawrence Eric Lawrence Executive Director FREDERICK 2 540-868-1061 x117 WATER ", elawrence@frederickwater.com O 315Tasker Rd, Stephens City, VA 22655 Chris Mohn From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, August 26, 2022 1:10 PM To: Chris Mohn Cc: David Stewart; Tyler Klein; Wyatt Pearson Subject: RE: Metromont Rezoning - Frederick County Chris, I did receive the rezoning application on August 10`r' for City commenting and did conduct a brief review of the proposal. I do have concerns with the rezoning given the close proximity of some low, rnedium and high density residentially zoned and developed City neighborhoods in relatively close proximity to the subject tract. I noticed in the Impact Analysis Statement that it states on p. 2 that "Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage." On p.3 it states that the intended activities include trailer parking and storage of finished pre -cast concrete product..." I also noticed that, in the Proffer Statement, it states in 1.1 "The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties." I don't believe that the staternents of intent contained in the Impact Analysis provide much assurance as to what could occur on the property long term versus what the current owner intends to do. Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast concrete manufacturing operations arising from this rezoning. I believe that the proffered 100' wide dimensional buffer and obligation to preserve the mature existing deciduous trees within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product storage (assuming that spillage of site lighting is mitigated with year-round screening). I do not believe that it would be a sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier and perhaps taller manufacturing operations such as what appears in the two images below could be allowed. r I I would also note that mature trees dentually die off or get destroyed during eal weather events despite best efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods? One other observation with regard to the 100' wide buffer adjacent to the CSX RR right-of-way that I would bring to your attention is that there are not many mature trees within the 100' wide swath as scaled out from GIS mapping in the scanned map image below for the portion of the tract adjoining the homes ranging from 909-1007 Pennsylvania Avenue in the City. This is where an existing unimproved roadway traverses the site approximately 50' away from the RR right- of-way and thus few or no existing matures trees within about half of the proposed 100' wide buffer area. Some of the existing matures trees appear to be within the 60' wide CSX right-of-way where Metromont would have no authority to preserve the trees. Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear feet) north of where the City's Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance reads: "This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access corridors leading into the designated local and national Historic Winchester (HW) District. Such entryways warrant special attention and controls because they promote the general welfare of the community by attracting visitors and generating business through heritage tourism -based economic development. Enhancement will occur through regulation and guidance of site development including, but not limited to. sidewalks, off-street parking, signoge, landscaping, mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken wall plones, fo�ode enhancements, o*rches, thereby enhancing the overall op9once of the corridor, while improving access olong the corridor through increased wolkability and interconnectivity." While the City's recognizes that there are no extraterritorial provisions associated with City zoning designations that would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as viewed from the Rte 522 public right-of-way in conjunction with this request beyond what might otherwise be the minimum requirements of properties zoned M-2 in Frederick County. I did not see under Section 2 of the proffer statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts along the property frontage. Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was hoping to be able to discuss this with our City Planning Commission at the Commission's work session on September 6th. Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief conversation with one of them about this. I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly attributable to the proposed rezoning of these properties. Thank you, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email: timothy.youmansC&winchesterva.gov t �y1 Wlnc� Peter-� ������.��inchester�a..cr�planning • July 25, 2022 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.0 Box 2740 Winchester, VA 22604 OcOUNTY oi' F1ZL D1_,'AICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Metromont Rezoning Application Zoning: RA (Rural Areas) District Property Identification Numbers (PINS): 54-A-11 & 43-A-22 Magisterial District: Stonewall Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their meeting on July 19, 2022. This application seeks to rezone two parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike (Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion of the existing Metromont pre -cast concrete facility. Following their review of this application, the HRAB recommended the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB recommended the applicant consider leaving buffers along the northwestern edge of the southern parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a historic resource. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, Wyatt Pearson, AICP Director of Planning & Development WGP/pd cc: Gary Crawford, HRAB Chairman Tyler Klein, Frederick County Senior Planner 107 North Kent Street, Suite 202 o Winchester, Virginia 22001-5000 210021532 Cal =01" vnx- W(en CERTIFICATE OF FACT l Certify the FoUmving from the Records of the Commission: The records of this office show on November 23, 2021, MM Stine Lane, LLC, a South Carolina limited liability company registered to transact business in Virginia, filed in the Office of the Secretary of State of South Carolina, articles of merger, merging MM Stine Lane, LLC into METROMONT CORPOR,4T]ON, a South Carolina corporation registered to transact business in Virginia, a duly authenticated copy was filed in the Cleriz's Office of the Commission on December 9, 2021. Nothing more is hereby cent fled. Qo`aA7tory'c-�ic �'vL t INV, 3 ti Y N Signed and Seated at Richmond on this Date: December 20, 2021 VIRGINIA: EI' FRDERICK COUN-1-Y. SC. This Instrument of writing was produced to me on I�-ar7-a) at 3;oo 19m and with certificate of acknowledgement thereto nnnexe.J was /a�d�mititied to record. 7-ax imposed by Sec SR.1-802 of S_IVA , and 58.1-801 have been paid, if assessable Clerk CERTIFICATE NUMBER: 2021122016694804 • 0 --o c-� cam.: c.� ISO 000c�r19 TMS DEED made and dated this 3111 day of January, 2018, by and between SHOCKE'Y 13ROS INC. (skt Shockev Brothers. Inc.), a Virginia corporation, party of the first part, hereinafter Grantor, and MM STINE LANE, I.LC , a South Carolina limited liability company, party of the second part, hereinafter Grantee. WITNESSETII: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with Special Warranty of title, unto the Grantee, all of its right, title acid interest in and to those certain parcels of land, together with improvements thereon and all rights, rights of way and appurtenances thereunto belonging, situate in Stonewall Magisterial U S District, Frederick County, Virginia, more particularly described on Exhibit A attached hereto and Is incorporated herein by this reference. Reference is here made to the aforesaid instruments and the attachments and the references r > therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all casements, restrictions and conditions of record and o S contained in the deeds forming the chain of title to the above -described property provided, however, a 8 that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record othat may have expired or lapsed. C7 U �-• 1 WITNESS the following signature and seal: Shcx:key Bros. �-ae By. (SEAL) J. D hoc , Jr., ain an COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 3111 day of January, 2018, by J. Donald Shockey, Jr., his capacity as Chair m o)TShockey Bros, hic., a Vir Imia corporation. %��� Notary Public My Commission cxprriey;. 1� -Ik'S f7 Notary Registration No.: L� e �3 c/o G_$_ This Dex:d Prepared by: H. Edmunds Column, III, Esq. VSt3 NIS449 Bryan & Column, PLC Ill8 South Braddock Street Winchester, VA 22601 Tel: (540) 545-4172 I-ASlxx key Bros to MM Sline\Deed (final) 1-31-I8.doc 2 Denise L. Thomas Nor;pmmonv tth of Virginia t 8p. 0130068 W COmrr"alon oxpiros Augus131 Fp14 c=� w w w --c c.a EXHIMIT A PARCEL ONE: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 24.7426 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Lester A. Elliott, Jr. Estate and Lester A. Elliott, Jr. Estate & Carlin L. Smith, Et Ux" dated June 9, 1995, prepared by S. W. Marsh, L.S., attached to and recorded with that certain Deed dated June 23, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 841, at Page 1576; AND 13EING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 23, 1995 from Carlin I.. Smith, individually and as Executor under the Will of Lester A. Elliott, Jr., Deceased, and Georgie E. Smith, his wife, and Georgic E. Smith, Lymt E. Reed, Lester A. Elliott, ❑I, Aubrey C. Hall, III and Holly S. Nichols, formerly known as Holly S. Hall, beneficiaries of the Estate under the Will of Lester A. Elliott, Jr., deceased, recorded in the aforesaid Clerk's Office in Deed Book 841, at Page 1576. TMP No. 54-A-11 980 N Frederick Pike Winchester, VA 22603 PARCEL TWO: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 27.192 acres, more or less, as described in the "Area Tabulation" on that certain Final Plat for Boundary Line Adjustment Between the Lands of Shockey Bros., Inc., prepared by Greenway, Inc, dated July 25, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 843, at Page 130. and being an aggregate of the 26.5102 acres, as shown on that certain plat and survey of R.M. Bartenstein & Associates dated May 21, 1964, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 304, at Page 579, and more particularly described as Parcel 4 and a portion of Parcel 4A on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING all of Parcel One and part of Parcel Two that were conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. '1'MP 54 A 12 217 Stine Lane Winchester, VA 22603 PARCEL THREE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 4.3668 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Brothers, htc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t1a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. W TMP 54 A 13 219 Stine Lane J- Winchester, VA 22603 c::::) PARCEL. FOUR: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 44.28 acres, more or less, as shown on that plat and survey prepared by Lee A. Ebert, C.L.S., dated November 7, 1973, attached to and recorded with that certain Deed dated November 30, 1973, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 421, at Page 623, and more particularly described as Parcel 7 on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by 'Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688, less and except 0.4990 acres, conveyed to David Matthews Smith arid Alson 13. Smith, Jr., by Deed dated July 26, 1996, from Shockey Bros., Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office in Deed Book 863, at Page 793. TMP 54 A 14 44.28 acres PARCEL FIVE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 32.20 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as instrument No. 040016374; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688. TMP 54 A 15 32.20 acres PARCEL SIX: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, situate approximately 1-1/2 miles North of Winchester, a short distance West of U.S. Route 11, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.50 acres, more or less, and more particularly described on the plat and survey of H. Bruce Edens, C.L.S., dated August 3, 1972, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 395, at Page 710; AND BEING the same property conveyed to Shockey Bros., hie., a Virginia corporation, by Deed dated February 22, 2008, from Toms Brook, Inc., it Virginia corporation, recorded in the aforesaid Clerk's Office as Instrument No. 080002157. TMP 54 A 15A 234 Stine Line Winchester, VA 22603 I-AShockcy Bray to MSI Stinc\Exhibit n - Profx ty Dr crip4ions for Uced.doox VIRGINIA: FRUMERICKCOUN't-Y, SCT. +,.d�ithj "Mils instrument of writing was produced to me on -3 , �0 i1.0 at rtificate of acknowicdgemcrtt thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of , and 58.1-801 have been paid, If assessat4e �GC.0 A,44-4-"'J , Clerk .0 g� 2100il E • Grantee Address: P.O. Box 2368, Winchester, VA 22604 Assessed Value: iV/A Title Insurance: None Tax Map Nos.: 53-A-70, 43- A-22, 42-A-61, 42-A-62, 52-A-48, 52-AA9, 41-A-170, Consideration: This deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (10), Code of VA. THIS DEED , made and dated this 1 st day of July, 2021 by and between FRUIT HILL ORCHARDS, INC. a Virginia corporation ( aka Fruit Hill Orchard, Inc.) party of the first part, hereinafter called the Grantor (indexed as Grantor), and KSS, L.C. a Virginia limited liability company, part of the second part, hereinafter called the Grantee (indexed as Grantee). RECITALS: R.1. Fruit Hill Orchard Inc. is the sole member of KSS, L.C., Virginia limited liability company ( the "Company"); and, desires to distribute to its Company the hereinafter described properties set forth on the Schedules attached hereto. Witnessth: NOW, THEREFORE: That for and in consideration of the benefits to accrue thereby, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL Warranty of Title, unto the Grantee, in fee simple absolute, all of the following tract or parcel of land, lying and being situate in the County of Frederick, Virginia set forth on KSS LC Schedules A-1, A-2, A-3, A-4 attached hereto and by this reference made a part hereof as if set out in full. Page 1•of2 C: 2021NewFiles/Fruit Hill/KSS/2021-016 0 • WITNESS the following signature and seal, FRUIT HILL ORCHARD,INC. BY: (:�&,I� Ota s � � n ti / , ,4.J/ (SEAL) Diane S. Kearns, President COMMONWEALTH OF VIRGINI•A CITY OF WINCHESTER, TO -WIT I, ait A , , a Notary Public in and for the State and jurisdiction aforcYaid, do hereby certify that One S. Kearns , President of Fruit Hill Orchard, Inc. whose name is are signed to the forego ng DEED dated the Ist day of July 202I, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. / —� Given under my hand this ! .tI day of July, 2021. My Commission expires / / a / Registration No: ARYlPUBLIC This Deed Prepared By: (� '__ ' 111f, Benjamin M. Butler, PL ���`��E �to � JAR •...... I'F '. 112 S. Cameron Street pUBLIG Winchester, VA 22601 at I0°794 VA. Bar No.01357 = it : HEM — t tAy comw,sIOW : C — •• E PIR's ;'� Page 2 of 2 C: 2021NewFiles/Fruit: Hill/KSS/2021-016 • c, c; KSS LC- SCHEDULE A-1 w �l All of certain tract or parcel of land, situated in Back Creek Magisterial District, Frederick County, Virginia, containing 30.185 acres , lying northwest of U.S. Highway No. 50 , and shown as on a plat and survey prepared by Richard U. Goode, L.S. dated October 20,1960, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed Book 267 at Page 187, together with a twenty —foot ( 20') right of way as shown on the aforesaid plat and by this reference Made a part hereof as if set out in full and being the same property conveyed to Fruit Hill Orchards, Inc. by Deed dated November 27'h, 2002 from C.R. Solenberger and Bessie S. Solenberger, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 020020744. Tax Map No. 53-A-70 KSS, LC- SCHEDULE A-2 `D cn All of certain tract or parcel of land, situated in Stonewall Magisterial District, Frederick County, Virginia, containing 20 acres , in gross and not by the acre, together with all rights and appurtenances thereunto belonging,( including , but not limited to, that certain -right of way acquired by Roy. R. Boyce el ux by Deed from the Lenoir City Company, dated April 27,1967 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed book 332 at Page 126, conveying right of access from the land herein conveyed to U.S. Highway No. 11) and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated August 22"d, 1969 from Roy R. Boyce and Pearl Virginia Boyce, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 356 at Page 310. Tax Map No. 43-A-22 T KSS LC- SCHEDULE A-3 All of certain tract or parcel of land, situated in Gainesboro ( formerly Back Creek District) Magisterial District, Frederick County, Virginia, containing 32 acres , 3 roods and 10 square poles, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , lying and being situate a short distance East of Virginia State Secondary Highway No. 654, about three miles Northwest of Winchester, and further being the aggregate of two contiguous tracts of land , formerly identified as the orchard tract and the new ground tract ,respectively, one containing 24 acres, 2 roods and 26 poles, more or less and the other containing 8 acres and 24 square poles, more or less, and described by metes and bounds according to a survey thereof made by A.J. Tavenner,'Surveyor, of Frederick County, on June 17`h,1915 as set forth in the hereinafter mentioned Deed and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 261h, 1982 from Nelson L. Carpenter and Margaret S. Carpenter, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 546 at Page 194. Tax Map No. 52-A-48 and 52-A-49 RM KSS LC- SCHEDULE A-4 All of certain tract or parcel of land, situated in Gainesboro ( formerly Stonewall District) Magisterial District, Frederick County, Virginia, about three miles west of the City of Winchester, known as the Poor House Farm, and containing 274.0744 , more or less, according to plat and survey made by Richard U. Goode, Certified Surveyor, on June 24, 1965 attached to the hereinafter mentioned Deed , together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 29'", 1968 from Fred E. Unger et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 341 at age 47. Tax Map No. 41-A-170 R. VIRGINIA: FREDERID C01M YSC7. �hisinstramentotwritingwasproduced to mean �3- r dw'� I efbHcateacknowledgemeni the etoannexed asa mittedtorecord. raximMsedbySec.58.1-802of $IaL�, and 58.1-801have been paid, ifassessable. Clerk (1 —r� C:D 0 0 COUNTY oI� FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 10, 2022 Christopher Mohn, AICP (via email to: crnohn@ greenwayeng.com) Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning for Metromont Property Identification Number (PIN): 54-A-I I & 43-A-22 Dear Chris: I have had the opportunity to review the draft rezoning application for Metromont. This application seeks to rezone 24.72-acres from B2 (General Business) district to the M2 (Industrial General) district and 20-acres from the RA (Rural Areas) district to the M2 district for a total of 44.72-acres. The review is generally based upon submitted application materials. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies, and their comments have been addressed should be included as part of the submission. 1. Comprehensive Plan & Land Use. The Comprehensive Plan provides guidance on the future development of properties in Frederick County. More specifically, Appendix I, Northeast Frederick Lcind Uve Plan, provides guidance on future development of the subject properties. • The Comprehensive Plan identifies the south parcel (PIN #54-A-1 1) with a "business" land use designation; the south parcel is not within the limits of any area plan. The parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation for "business" uses as it relates to the area of the County. Staffnoles the expaiasion ofthe existing inchistricil use onto the subject property may otherwise be appropriate if potei7lial impacts cn'e .vufficiently mitigated. • The Comprehensive Plan and Northecisl Land Use Plcm identifies the north parcel (PIN #43-A-22) with an "industrial" land use designation. The parcel is also within the limits of SWSA and UDA. The proposed M2 Zoning is Metromont Preliminary Rezoning Comments August 10, 2022 Page 2 consistent with the Norlheasl Freclerick Land Use Plan designation for "industrial" uses as it relates to this area of the County. 2. Impact Analysis Statement. The Impacl Analysts S(ctlemenl notes use of existing commercial site access from Route 522 and Stine Lane (private road)/Route 11, and use of private drives for internal circulation. However, the analysis does not address use of Cives Lane (private roadway) and the intersection with Route 11 which also serves the existing facility. this should be discussed. The applicant may also consider to what extent site access, circulation and transportation impacts may be mitigated through the proffer statement. 3. Proffers. The applicant may consider the following changes to the proffer statement: • Further restricting use of the property (Proffer 1.1) to only to those uses outlined in the Impacl Analysis Slalemenl, storage of finished pre -cast product awaiting delivery, tractor truck trailer parking and miscellaneous outdoor storage. • Expansion of the proposed 75-foot (FT) vegetative buffer adjoining the Shenandoah Valley Battlefields Foundation property (Star Fort) to a100-FT buffer consistent with the proposed buffer along the property line with adjoining residential uses. 4. Aizeney Comments. Please provide appropriate agency comments from the following agencies: • Frederick County Department of Public Works • Frederick County Fire Marshal • Frederick County Historic Resources Advisory Board (I-IRAB) • Frederick Water • Virginia Department of Transportation (VDOT) • County Attorney • City of Winchester 5. Application Materials & Fees. The following dOCLIIIICIItS should be provided to ensure application completeness at time of acceptance for public hearing: a completed special limited power of attorney form which authorizes Greenway to represent the owner during the application process and tax verification documents. Based on the fees adopted by the Board of Supervisors On December 11, 2019, the rezoning fee for this application would be $14,472 based upon 44.72-acres. Metromont Preliminary Rezoning Comments August 10, 2022 Page 3 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, i M. Tyler Klein, AICP Senior Planner MTK/pd Cc: Metromont LLC (via email to: ksolenbergerl7 a gmail.com) Thomas Moore Lawson, PC (via email to: tlawson a lsplc.com) • 0 GREENWAY ENGINEERING TRANSMITTAL Project Name: Nfetromont Rezoning File No: 3952HB Date: Fri, ]ul 1, 2022 To: Frederick County Planning HRAB 107 N. Kent Street Winchester, VA 22601 Attn: Wyatt Pearson/Tyler Kline Copied From: Christopher Mohn GREENWAY ENGINEERING Phone: Fax: 540-722-9528 Dcli\cr\: ❑ Fed Ex U.S. Mail 0✓ Courier Ej Pick Up Other ❑ Urgent �✓ For Your Review As You Requested Please Comment Message Please find attached thesubmission package for the Historic Resource Advisory Board. JUL 1 '---,) FREDERICK COUNTY PLANNING AND DEVELOPMENT Hand Delivery and Pick Ups Only: Received bv: Date: Please Print Name: • 0 Fl-CCIcriCk County Department of Planning; and Development 107 N. Kent Street, Winchester VA 22601 (540) 665-5651 lsll �� .fcv;l.us TIIE HISTORIC RESOURCE ADVISORY BOARD APPLICATION FOR REVIEW ABOUT THE HISTORIC RESOURCES ADVISORY BOARD The Ilistoric Resources Advisory Board (FIRA13) is the body tasked with reviewing development proposals and providing gUldance and recolllmcndatlons t0 the Planning Commission and Board Of Supervisors On their potential impact on the COunty'S historic resources. MEETING DATE AND TIME The 1 IRAB 111CCtS on the thil-CI Tuesday 0f every month, please refer to the HRAB meeting; SClledllle. Meetings are held at 6:30 p.m. ill the 1?XCCL16VC SCSSIOl1S ROOM ill the BOal-Cl Of SLII)CI-VISOI-S ROOM on the first floor of the Frederick County Administration Building at 107 North Kcnt Street. SUBMISSION DEADLINES The deadline for all I-IRAI3 n)eetings is three weeks prior to the Scheduled meeting date. To verify meeting dates and deadlines or for questions, please call 540-665-5651. Please Submit all applications t0 the Department of Planning and Development, 107 North Kent Street. Suitc 202. W►ncliester. Virginia 22601. lnconlplClC applications will not be schcdulccl. THE APPLICANT OR THEIR APPOINTED REPRESENTATIVE MUST BE PRESENT AT THE, MELTING. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 www reva.ns • Ll I'a� �2 I HISTORIC RE ADVISORY BOARD I-IRAB REVIEW APPLICATION ProjectNamc(ifany): Metromont Rezoning 2. Property Oivnei-(s) (please attach additional pages) it'more thaii tivo owners): Name: Metromont LLC Specific Contact Person if Othei' than Above: Chris P a Sto n U S Address: 219 Stine Lane, Winchester, Telcpho„e: (540) 665-3239 Name: KSS, L.C. VA 22603 Email: cpastorius@metromont.com Specific Contact Person if Other that, Above: Katherine Solenberger Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323-0221 Email: ksolenbergerl7@gmail.com 3. Law firm, engineering firm, or other person, it' any, serving as the primary contact person for this application: Firm Name: Thomas Moore Lawson, PC. Specific Contact Person at Firm: Thomas Moore Lawson Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 4. Property Information: rinail: tlawson@lsplc.com a. Property Identification Number(s): 54-A-11, 43-A-22 b. Total acreage of the parcel(s): 44.74 C. Magisterial District(s): Stonewall d. 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): 980 N. Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane. 0 0 hi,_c 13 e. Type of Request — describe the type of land use application being submitted for review by the I-IRAB (rezoning, conditional use permit, master development plan, etc): Rezoning to the M2, Industrial General District f. Description of the proposal — provide a detailed overview of the proposed use: Rezoning of two parcels currently zoned B2, General Business and RA, Rural Areas to the M2 District to permit expansion of the existing Metromont pre -cast concrete facility. g. Are there structures 50 years old or older within or adjacent to the project area`✓ yes no h. Has this project been previously reviewed by VA DI-IR? F-Ly es DI-IR# FVjno i. Have any architectural or archaeological surveys of the area been conducted` ✓ yes 1-1 no If yes, provide a copy of the survey. j. Is this property within an existing or potential rural historic district?[jesnC0111know{m k. Adjoining Properties: Parcel ID Number Use Zoning See attached 0 4 5. Checklist. Please check that the following items have been included with this application: I Y l Copy of Rezoning; Master Development Plan, Conditional Use Permit application and supporting materials, including at a minimum; o Impact analysis required by Section 165-102.05 of the Frederick County Zoning Ordinance, including the location of historic structures and sites in relation to the site and impacts on those historic structures and sites. o Any rezoning proffers proposed by the applicant to preserve historic and archaeological resources on the site pursuant to Section 165-102.06 of tile Zoning Ordinance. o Generalized Development Plan, Master Development Plan, Conditional Use Site Plan for the property, if available, showing the type and location of proposed new development and the treatment of any historic StrUCtL1rCS and features on the site. o Description of proposed dcvelopnlellt Or C011StrLICti011 project, including proposed uses and general tirneiranle for development. Description of proposed development or construction project, inCILlding proposed uses and general tirnefrarne for development. —L� Status ol'any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, State, or national historic register, relevant information on record with the Virginia Department of 1-listoric Resources - DHR) and presence of other historic structures or significant landscape features or archaeological sites. Iy l Provide mapping from the DHR's Virginia Cultural Resource Information System (V-CRIS). RV/ Indicate if structures 50 years old or older are present on the site but have not been SLUTCyed and recorded at DIIR. "file date of construction for structures is often indicated in County tax records. Iy l Clear and labeled color photographs of' all historic resources on the property and adjacent to the property. For properties located on the site, provide interior views that identify the character and defining features of the site. These photographs need to show all existing buildings and the relationship of the proposed project to the S111TOLnlding at-ca. Iy l Drawings showing the location of existing building and other structures on the site. If sites have previously been surveyed and recorded with DIIR, but the survey is more than 10 years old, a new recorulaissance-level survey shall be conducted. • 6. Signature(s): I (we), the undersigned, do hereby respectfully make application to the Historic Resources Advisory Board. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (\ve) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date1 1 "r✓�� If signing on behalf of an entity, please state name of entityandyour title: Owner: Date If signing on be calf 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: Please note that the applicant or his/leer appointed representative must be present at the meeting. METROMONT REZONING IMPACT ANALYSIS STATEMENT Tax Parcels 54-A- I I and 43-A-22 Stonewall Magisterial District Frederick County, Virginia July 1, 2022 Current Owner: Metromont LLC KSS, L.C. Contact Person: Christopher Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 0 Greenway Engineering July I, 2022 Metromont Rezoning METROMONT REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2, Industrial General District. The subject property includes a 24.72±-acre parcel owned by Metromont LLC (Metromont) on identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00±-acre parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and north of Stine Lane (see the Location Exhibit included with this report). The South Parcel and North Parcel are located immediately south and north of Metromont's existing pre -cast concrete manufacturing facility, which occupies approximately 113.29± acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A- 13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2 District. A pre -cast concrete manufacturing facility is classified under SIC Major Group 32 - Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit included with this report). The South Parcel is currently zoned B-2, Business General District, and is therefore already entitled to develop with general commercial uses. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for storage of finished pre -cast concrete product awaiting delivery. Inclusion of the North Parcel as part of the facility will also enable access to an existing right-of-way across the adjoining Cives Steel property. This right-of-way will be used exclusively for trucks delivering loads of finished pre -cast concrete product to exit the facility and reach Martinsburg Pike (U.S. Route 1 1) via Cives Lane, which will improve truck access to VA Route 37 and Interstate 81. File #39521-113 Impact StatemenUNiMw 2 0 0 Greenway Engineering July I, 2022 Metromont Rezoning General Site Information Location: The South Parcel (Tax Map #54-A-11) fronts on northeast side of North Frederick Pike (U.S. Route 522), immediately west of the City of Winchester. The North Parcel (Tax Map # 43-A-22) fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Magisterial District: Stonewall District Tax Map Numbers: 54-A-I 1 and 43-A-22 Current Zoning: South Parcel, B-2, Business General District North Parcel, RA, Rural Area District Current Use: Undeveloped Proposed Zoning: M-2, Industrial General District with proffers Proposed Use: Concrete Manufacturing (inclusion of subject parcels in existing Melromont facility; intended activities include trailer parking and storage of finished pre -cast concrete product awaiting delivery to customer sites) Total Rezoning Area: 44.72±-acres with proffers Pile Ii3952116 Impact StatcmenUNINW 3 0 Greemaay Engineering July I, 2022 Metromont Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 44.72±-acre subject property is located within the UDA. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate areas of' the County in which commercial and industrial land use development is only desired. The entirety of the 44.72±-acre subject property is located within the SWSA. Comprehensive Plan Conformity The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban Areas designates the South Parcel for future Business use. The South Parcel is not located within the boundaries of an areas -specific land use plan and has therefore not been considered in the context of a more focused land use study. Given the adjoining manufacturing use as well as Its proximity to rail access, the South Parcel is ideally situated for general industrial use, and its development pursuant to the proposed M-2 District aligns with the goals of the Frederick County Comprehensive Plan, notably by promoting the desired ratio of commercial and industrial development to residential and other uses. The North Parcel is located within the study area boundary of the Northeast Frederick Land Use Plan (NELUP). The NELUP is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The NELUP designates the North Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY OF THE SITE Access The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing full -movement commercial provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. Metromont envisions limited use of the North Frederick Pike to trucks/tractor trailers returning from delivery of finished pre -cast concrete product and those of local suppliers delivering aggregate materials to the facility. The North Parcel fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property will occur through the extension of private service drives from Pile #39521­113 Impact Statement/MM\V 4 s 0 Greenway Engineering July I, 2022 Metromont Rezoning the existing facility. An existing right of way across the adjoining Cives Steel property will provide a connection from the North Parcel to Cives Lane, which intersects with Martinsburg Pike. Metromont intends to use this right of way exclusively for trucks/tractor trailers leaving the site for delivery of finished pre -cast concrete product (e.g., egress only). This egress arrangement will minimize the distance trucks/tractor trailers with heavy loads must travel on Martinsburg Pike enroute to VA Route 37 and Interstate 81. Currently, access to the Metromont facility occurs exclusively via Stine Lane from its intersection with Martinsburg Pike, to include all truck traffic entering and leaving the site. While employees and visitors will continue to use Stine Lane for access, the proposed rezoning of the South and North Parcels will enable alternatives for heavy truck access that will improve Metromont's traffic management and, in so doing, promote better conditions on Martinsburg Pike. Flood Plains The South Parcel contains areas of floodplain per FEMA NFIP Map #51069CO208E, Effective Date January 29, 2021. The mapped floodplain is depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The South Parcel contains wetland areas as identified on the National Wetlands Inventory (NWI) Map information and the Frederick County GIS Database. The mapped wetland areas are depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Types As per the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database, the following soil types are present on the South Parcel: 0 14B - Frederick Poplimento loamy 2 to 7 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. File #39521-16 Impact Statement/MMW 5 0 C� Greenway Engineering July I. 2022 Metromom Rezoning • 14C - Frederick Poplimento loams 7 to 15 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • 16B - Frederick Poplimento very rocky loams 2 to 7 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • 16B - Frederick Poplimento very ocky loams 7 to 15 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. As per the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database, the following soil types are present on the North Parcel: • 17C — Frederick Poplimento Rock 2 to 15 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • 17E - Frederick Poplimento Rock 15 to 45 percent slopes: these soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. • 29 — Massanetta loam: these soils are described as having a slow filtration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils moderately fine texture or fine textures. These soils have a slow rate of water transmission. • 35 — Pagebrook silty clay loam: these soils are described as having a very slow infiltration rate (high runoff potential) when wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very slow rate of water transmission. File #39521-18 Impact Statement/MMW 6 0 0 Greenway Digincering July I, 2022 Metromont Rezoning Other Environmental Features The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is also located in the geographic portion of the County that is underlain by karst geology. These environmental features will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. However, like the South Parcel, the subject property is located in the geographic portion of the County that is underlain by karst geology. This environmental feature will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. SURROUNDING PROPERTIES Adjoining propertyzng and present use Parcel 54-A-1 1: North: M-2, Industrial General District B2-RP, Business General and Residential Performance Districts South: B2, Business General District East: LR, Low Density Residential Use: Industrial and Battlefield Use: Residential Use: Railroad and Residential (City of Winchester across railroad) West: RA, Rural Area District Use: Undeveloped (Across U.S. Route 522) Adjoining proper[ zoning oning and present use Parcel 43-A-22: North: RA, Rural Area District Use: Residential (Across U.S. Route 37) South: M-2, Industrial General District East: M-1, Light Industrial District West: RA, Rural Area District Use: Industrial Use: Industrial Use: Undeveloped Pile #395211B Impact Statement/MMW 7 0 • Greenway Engineering July I, 2022 Metromont Rezoning TRANSPORTATION An analysis of the access and traffic conditions anticipated with the proposed M-2 rezoning is currently being developed by Kittelson & Associates, Inc., with input from VDOT and Frederick County Planning. This section of the report will be updated upon completion of this analysis. In the interim, the access conditions anticipated with the proposed M-2 rezoning are restated below. The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing full -movement commercial provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. Metromont envisions limited use of the North Frederick Pike to trucks/tractor trailers returning from delivery of finished pre -cast concrete product and those of local suppliers delivering aggregate materials to the facility. The North Parcel fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property will occur through the extension of private service drives from the existing facility. An existing right of way across the adjoining Cives Steel property will provide a connection from the North Parcel to Cives Lane, which intersects with Martinsburg Pike. Metromont intends to use this right of way exclusively for trucks/tractor trailers leaving the site for delivery of finished pre -cast concrete product (e.g., egress only). This egress arrangement will minimize the distance trucks/tractor trailers with heavy loads must travel on Martinsburg Pike enroute to VA Route 37 and Interstate 81. Currently, access to the Metromont facility occurs exclusively via Stine Lane from its intersection with Martinsburg Pike, to include all truck traffic entering and leaving the site. While employees and visitors will continue to use Stine Lane for access, the proposed rezoning of the South and North Parcels will enable alternatives for heavy truck access that will improve Metromont's traffic management and, in so doing, promote better conditions on Martinsburg Pike. SEWAGE CONVEYANCE AND TREATMENT As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public sewer based on County Policy. Frederick Water (FW) is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage) does not require water or sewer connectivity. WATER SUPPLY As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public water based on County Policy, Frederick Water (FW) is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage) does not require water or sewer connectivity. File 169521113 Impact Statement/MMW 8 0 0 Greemeay Engineering July I. 2022 Metromont Rezoning SITE DRAINAGE Topographic relief on the South Parcel generally follows a southwest to northeast pattern that directs drainage towards the rear of the property. A complete stormwater management plan will be designed at the tiIlle of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Topographic relief on the North Parcel generally follows a west to east pattern which directs drainage towards the east side of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The South Property is indicated by Virginia Department of Historic Resources (DHR) and Frederick County GIS records as containing a resource identified as Liberty Hall (DHR ID 034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as an example of the Italianate style of architecture by the Rural Lancln arks Survey Report of Frederick County, Virginia (Phases 1-111, 1988-1992). The dwelling itself no longer exists Oil the property. Through research of historical aerial imagery, it appears the dwelling was removed from the site sometime between 1997 and 2002, although the circumstances of the removal are unknown. The only structure remaining oil the Liberty Hall site is a cinderblock accessory structure, which appears to be more than 50 years old, but otherwise does not have any historical or architectural significance (images attached). To the northwest of the South Parcel is a preserved Civil War resource known as Star Fort (DHR ID 034-0322) and the adjoining Star Fort 2 tract (DHR ID 034-5023). Star Fort played a role in both the Second Battle of Winchester and Third Battle of Winchester (Opequon) and is within the study areas of each battlefield. The site has been preserved as a battlefield park open to the public that is owned and maintained by Shenandoah Valley Battlefields Foundation. The site is largely wooded but has cleared areas for public access/walking. The existing Metromont facility is in the viewshed of these resources, as are other areas of suburban style development. As noted previously, the South Parcel is already entitled to develop under the B-2 District, and rezoning to the M-2 District is therefore consistent with development expectations for the area adjoining the Star Fort sites. The South Parcel and North Parcel are located within the study areas of the Third Battle of Winchester and Second Battle of Winchester study areas, respectively, as identified by the National Park Service Stucly of Civil War Sites in the Shenandoah Valley. However, the parcels are located outside of the defined core battlefield areas and, due to their location south of VA Route 37, are within portions of the study areas identified as having lost historic File #39521­18 Impact StatemenUMMW 9 L 0 Greenway Engineering July I. 2022 Metromont Rezoning integrity due to existing development patterns. As such, the proposed M-2 rezoning will not create any negative impacts to identified resources. File #3952HB Impact Statement/MMW 10 CURVE ARC LENGTH RADIUS DELTA ANCLE CHORD BEARING CHORD LENGTH Cl 157.90 70.00 129'1438 S 23'4042 W 126.49 C2 571.20' 2,894.83' 11'1820* S 36'45'10" W 570.27' C3 189.02 84351 12'S021 N 02'2137 W 188.62 C4 485.89' Z485.09' 11'12'10" N 14'3059- W 485.12' C5 211.84' 2,452.53' 4'56'56" N 21'1029- W 211.77' �38.53' N 66Ji36" W N 59'Ol *J7" W 200 0 200 400 1 SCALE: I" = 200' N 22'JJ'44' E 31.9!' 47-1 �4gO m TAX PARCEL A-n 08 641 PG 1576 24.8001Ao. EX. ZONED: B2 PROP. ZONING: M2 TU 54 A-V ME7ROu0NT CORPORADON ' INS/ No. 150000979 g SEE INST. Nos. 2100215J2 & Z200048.54 2719 AC ZONED M2 W o I TAt 54 A-14 �-7 METROMNVT'80000 7.9 INST. No. 180000979 - H SEE (NST. Nos. 2100215J2 & 220004854 4428 AC Za4ED., M2 I TM 54 A-13 u rR�uoNr caz� E.' (NST No. 180000979 INST. Nos 2100215J2 4.J7 AC Za%TD: M2 _ I I i �7A[ 54 A-15.a z� ME7RDMDNr caRxP,;nav WST.. Na 1800CC979 1.50 AC .\ Zav5D: M2 TM O SaAn -� \ uE7rouDNT cbRPDl�:rroN �. INST. No. OBOX2466 3.75 AC ZONED: u2 4kR7j��KE'FON, TM 54 A-15 ME7ROMONT CORPORAT1av INST. Na 18000979 SET INST. Nos 2100215J2 & 220004854 J22 AC ZONED u2 r MER'lDlAN p83 GRID ZONE NA VA NORiH a v m m7J o� y LFGSD NI REZONING PARCEL LINES METROMONT PARCEL LINES K V 1 N 1624 55" F - 641.18' \ 1 TAX PARCEL 43 A-22 KSS, LC. INST. No. 210011084 �" \ SEE INST. No. 220005680 mo 22.9539 ACRES EX. ZONED: RA PROP. ZONING: M2 m \ \ .. \D TH OF OR( PG 1456 PG 1056 38 PG 434 N m k 111 Z Q W Q TH OFI iy Lic. No. 26715 (r 0 2C. G� AL DATE.' DATE 06-29-2022 SCALE: 1"-200' DESIGNED BY: CM/TNA FILE NO. 395ZHB SHEET 1 OF 1 Label 1 2 3 4 5 30 31 32 33 34 r1 43 43 54 54 54 54 54 53 54 54 TAX MAP # A 55A A 28B A 14 A 15 A 32 A 10 A 2 A 60 A 12 A 1 OWNER NAME CIVES CORPORATION SOUTHERN SCRAP COMPANY METROMONT CORPORATION METROMONT CORPORATION 1011 PENNSYLVANIA AVENUE LLC SLIWINSKI HENRY F FREDERICK COUNTY FRUIT GROWERS SREIT AUTUMN WIND LLC METROMONT CORPORATION SHENANDOAH VALLEY BATTLEFIELDS FREDERICK COUNTY MAILING ADDRESS 210 CIVES LN PO BOX 3235 PO BOX 2486 PO BOX 2486 3724 LINDA LN 942 N FREDERICK PIKE 801 FAIRMONT AVE 591 W PUTNAM AVE PO BOX 2486 PO BOX 897 ADJOINERS MAILING CITY WINCHESTER WINCHESTER GREENVILLE GREENVILLE ANNANDALE WINCHESTER WINCHESTER GREENWICH GREENVILLE NEW MARKET MAILING STATE VA VA SC SC VA VA VA CT SC VA MAILING ZIP 22603 22604 29602 29602 22003 22603 22601 6830 29602 22844 Frederick County Adjoiner Table 1 1--]5`I OF WINCHESTER ADJOINERS Label TAX MAP # OWNER NAME MAILING ADDRESS MAILING ADDRESS 2 MAILING CITY MAILINGSTATE MAILING ZIP 6 114-01 - 130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01 - 129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01 - 128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01 - 127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANIA AVE WINCHESTER VA 22601 10 114-01 - 126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625 11 114-01 - 125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01 - 124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01 - 123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01 - 122 DAVE HOLLIDAY RENTALS LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 15 114-01 - 121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 • 16 114-01 - 120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07 - 119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07 - 118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07 - 117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07 - 116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06 - 19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06 - 18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06 - 17 MURDOFF RICHARD D 817 PENNSYLVANIA AVENUE WINCHESTER VA 22601 24 133-06 - 16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06 - 15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06 - 14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVENUE WINCHESTER VA 22601 27 133-06 -13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 133-06 - 12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06 -10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 E City of Winchester Adjoiner Table � p �j� Z GLENTAWBER RD _GLENTAWgER RD \ � DELL Cr___ 1 EL DER% \ v CDj-TAGe'O Legend Proposed M2 Parcels Metromont Existing M2 Parcels _ _ J Winchester Limits Parcel Boundary T Railroads Future Proposed Rt37 Bypass RT 37 S RT 37 N S O. C� �P SENTRy c CA !• e FR.C' 0 S� M 34 4 , 43 A 22 764 �'• s „ � OR qR 1312 <OC TO A\ 165," Ire v 31 / /2i2 2oQ 24Oj', ✓gC�SO�q ���p0 Vic 25 30 za 29 C All I J 7 0. Q� M 4; r 00 0E � E No ` N C LL CO Co M v a E ;g. .pN ` t�1'n3 �LL z O O m a C� _ �z w OO � W N z_ 0of O O IX Q H W 2 U 0 � m U Q z � z � H WLU 0 m JQ j = = 2 > X Lu F - LU � Z o w 0 O U LIJ O Y O Q >Q � a > N Z w LLJ O� qt i— N U O LIJ O w J Q c) (n Map Data Source. Frederick County, Va GIS Department, SI m ccn M _/ r 11 II Jll < II—lLJ11°1. JI Il O �� Lr - RTE. 11 1 1 I 1 1 I TM 33—(9)-1A PROPOSED B2 1 ZONING (10.34 AC.) 1 I 29 I I PROPOSED HOTEL O I & RESTAURANT 0 I 1 �- MONUMENTSIGNS- (FINAL LOCATION TBD DURING SITE PLAN PERMITTING) APPLICANT: EQUUS CAPITAL PARTNERS, LTD. CURRENT OWNER: DTS, LC REFERENCE: TM 33-(A)-89, 33-(A)-90, 33-(9)-1A STONEWALL MAGISTERIAL DISTRICT PROPOSED USE: WAREHOUSING (M1) HOTEL & RESTAURANT (132) TECHNOLOGY / DATA FACILITY (OM) AND/OR AS PROFFERED ACREAGE: 220.06 AC. CURRENT ZONING: RA PROPOSED ZONING: M1 (189.08 AC.), B2 (10.34 AC.), OM (20.64 AC.) FLOODPLAIN: 31.54 ACRES (+/-) WITHIN ZONE W PER FEMA FIRM NO. 51069C0150E, DATED 01/29/2021 EX. WOODLANDS: 53.87 ACRES (+/-) mb 1 I oo II D 1 C:3- 1 O �ECSTM PROPERTY UNE TO BE VACATED 28 C� nl = PROP. BLDG. ^� 471,500 SQ. FT. 1 9 I (410' x 1150') I I ❑ zJ zs � zs O OF 0 24 XL---RUEBUCK RD. 23 PROPOS TECHNOLC DATA FACT 300,000 Sc PROP. BLDG. 328,000 SQ. FT (41 O' x 800') ADJOINING PROPERTIES LIST- FRUIT HILL REZONING CEL ID TAX MAP ZONING OWNER NAME USE 1 33-9-1 83 PFJ Southeast, LLC Commercial 2 33-9-4 33 AB White Hall, LLC Commercial/Vacar. 3 33-9.5 B3 Professional Mobile Home Brokers Commercial 4 33-9-6 Ml ICA IV White Hall, LLC Industrial 5 33-A-88 RA David & Brenda Gray Residential 6 33-12-2-24 RA Fairfield Farm of Frederick Co., LLC Vacant 7 33-12-2-14 RA Daniel & Joy Dickerson Residential 8 33.12.2.15 RA ICS Jennings Construction, Inc. Vacant 9 10 11 33-12-2-16 33-12-2-17 33-A-18 RA RA RA Russell & Katherine Kerns Douglas & Leanna Madagan Michael & Betty McNerney Residential Residential Residential 12 33-A-18-A RA Joseph & Donna Poe Residential 14 1 33-5-29 1 RA IDenver&Emily Nail Residential 15 33-5-28 RA Diana Hackney Residential 16 33-5-27 RA Valerie Babcock Residential 17 33-5-26 RA Michael & Lisa Corrick Residential 18 33-5-25 RA David Russell _ Residential 19 _ _ 33-1-2.1 _ RA _ _ Dean &Cheryl Danforth Residential &Patsy Kibler I Residential & Bnrlev Huntsbenzer Residential 25 23-8-13 RA Luis An;orio Morin Becertil Residential 26 23-A-13 RA Rwn&William Sutler Residential Residential LOCATION MAP: SCALE: 1" = 5000' I _IL—L3L—J1� I / 1 PROPOSED BUILDING I 754,000 SQ. FT. / (520' x 1450') I © O 1Y 33--(A)-90 � - —11\1 (11297 AG) PoDGEWAY / ESTATES E VS77NG PRQ°ERTY � O7 UNE TO i ✓ACTED \ r� / swim / T1/ .734A)-89 SWIM \ O (706.79 AG) \ PROPOSED BUILDING 19 \ 572,000 SQ. FT. \ MACBETH PROPOSED M1 (520' x 1100') i 0 LANE ZONING (189.08 AC.) GIRROLLTON � SUBOM1ISKW a / o 17 1 \\ ,/ o0 SWIM SITE IN w, a GRAPHIC SCALE /\ � o sso Soo loon o / 14 / O / (IN FEET) 1 inch = 500 ft. a 0 CD o W N J_ LL 0 Z U 0> Z_ Z OZ N p LLJ iY O J Y U LLJ p p fi LLJ LL G 0 N C) r` z NLr) mZ �N Ln(C) W . 00 U Q 'T V W }i It-Cj (� m � � W I 'T - 21-�vw (nWw n0 =zxLL O LL Z 0 I<L 0 D- J Q W Z Q a Z I— Q Z J LL1 11 .c.; F— a-z OW W W JO p L1J p > W W N_ p J W Q CO w Z LLl (D SHEET NUMBER: GDP-1 0 I SEE NOTE #1 REMOVE & RELOCATE EXISTING ZACHARY ANN LANE ENTRANCE Cn C� ZD O �1IIII11'���-.11111111101 € 0 _ SEE NOTE #4 RTE. 1 SEE NOTE #3 NOTES: 1. APPLICANT TO MAKE PRO-RATA CONTRIBUTION TO CONVERT EASTBOUND THROUGH LANE TO SHARED LEFT THROUGH LANE. 2. APPLICANT TO MAKE PRO-RATA CONTRIBUTION TO WIDEN RTE. 11 TO PROVIDE ADDITIONAL NORTHBOUND THROUGH LANE BEGINNING AT BUSINESS BLVD. AND TERMINATING AT A MINIMUM LENGTH OF 495'. 3. APPLICANT TO MAKE PRO-RATA CONTRIBUTION TO CONSTRUCT NORTHBOUND LEFT TURN LANE WITH AT LEAST 300' OF STORAGE AND A 200' TAPER AT NORTHBOUND OFF -RAMP OF 1-81. 4. APPLICANT TO MAKE PRO-RATA CONTRIBUTION TO REPLACE EXISTING SIGNAL HEAD AT THE INTERSECTION OF RTE. 11 AND REST CHURCH ROAD. r I 1 1 1 1 1 I ao RELOCATED ACCESS _ TO TM 33-(9)-1 ZACHARYYNN LANE—�- 1 -� T TX J3-(9)-fA I EXJ57JNO PROPERTY LAVE 70 BE ✓AC47ED I 1 WESTBOUND LEFT I TURN LANE W/TAPER PROPOSED I B2 ZONING ❑1 1 1 PROPOSED OM ZONING RELOCATED ZACHARY ANN LANE PROPOSED CM1 ZONING O 1 O 1 O T RAN DEDICATION FOR RUEBUCK LANE i i a � RUEBUCK RD. PROPOSE M1 ZONIN G no 0 0 -- -- - , (II2AC) �,?� _ Z_/ \ PoPG£WAY DaSTING PROPERTY-, LINE 70 9E ✓AC47ED TM J3-(A)-89 PROPOSED FRUIT (70Q79 AG) HILL ROAD (COLLECTOR) ♦\ / APPLY FOR VACATION OF EXISTING \ / i� 30' PRESCRIPTIVE EASEMENT OF \ RUEBUCK LANE BEYOND ACCESS \ TO TM 33-(5)-24 MACBETH X. O LANE \ \ CARROLLTON i \ SUBDMSXNI � ♦ / � � v. GRAPHIC SCALE 0 250 500 1000 o , ' O ' ( IN FEET) 1 inch = 500 ft. U J 0.. 0 Z W W Z Z W W U L/ % z z N �— � Lu p Q� U J Y J 0 LU D 0 LL LLI LL 0-1 LL N U m CD N co Z 1-N new U a c c w } > U rn mC:)`-U w W V 6 =HV)vw w W Lo U o = Z X �Z=LLO d J > a w r m 0 w Ll ❑l Q CC W❑ U U) U } N CD N Z ❑ LiJ n ❑ ~ a a ❑ o z Q J a- zQ LLI OO J � W Q LIJ O 0 LIJ N u) z Q L1J z LLi 0 SHEET NUMBER: GDP-2 c ZD N 1n 03`3 J v 0 Q TTJJRTE 11 Ea757I0G PR0PERn LAW TO BE vAC47D -- - - nW .TS-(Dj- IA _ (a3D AG) EXMTM awm-\ I � I /' MOM OPMOUE 1lDo[/FEINCE r/ 3 PLA M PER 10 LINEAR FEET TYPICAL CATEGORY'B' FULL SCREEN DETAIL NOT TO SCALE �- TP � 75' --- — AcrnE GRAM I I e' MIOH Ei\RTLNE)r fIEIN1 r 3 PLANTS PER 10 UIEM (1/3 DECDU M 1/3 ESE740PUD4. 1/3 MOLM) TYPICAL CATEGORY'C' FULL SCREEN DETAIL NOT TO SCALE ob I p� 1 ro 1 I, 50' BUFFER W/ PROPOSED NO SCREEN-\�/ OM ZONING ATEGORY'A') I 50'BUFFER W/FULL _ — — — �PROPOSEC I SCREEN (CATEGORY 'B') B2 ZONING 1L 50• BRL 50' BRL— SEE NOTE #2 0 03 1c rn rL PROPOSED A M1 ZONING A = c I c1 m c� IO 4 g I SEE NOTE #1 I I RUEBUCK RD. �i�cr1\�E� PwcrroE a°RVE �. INWLYPi 7CRELR r 3 PLANTS ER 10 ANTS PFEET (1/3 OELOUOUS. 1/3 !\RROP K 1/3 SHIMM) NOTES 1 SUBJECT TO FINAL ENGINEERING EXISTING WOODLANDS WITHIN THE TYPE'C' SCREENING AREA WILL BE PRESERVED IN LIEU OF AN EARTHEN BERM WHERE SUCH WOODLANDS ARE SUFFICIENT TO MEET THE TYPE 'C' SCREENING REQUIREMENTS. 2. A 200' BUFFER AND LANDSCAPE SCREEN IS PROPOSED AND WILL BE UTILIZED WHERE THE 100-YEAR FLOODPLAIN PREVENTS THE GRADING COMPONENT OF THE FULL SCREEN BUFFERING 3 THE FULL SCREEN BUFFER TO INITIALLY EXTEND ALONG THE ENTIRE SOUTHERN PROPERTY BOUNDARY BUT A PORTION WILL BE REMOVED TO ALLOW FOR ANY FUTURE ROAD CONNECTION TO THE SOUTH 4- SETBACKS PROVIDED HEREON BASED ON PROPOSED ZONING DESIGNATIONS FOR PROJECT DEVELOPMENT E- - - uPL� — J -- — — — — — ,BRL 1 75' BRL / n-1 o Ty u-(N-W (IIZD7 AG) / m w G) T !1 f)MR Mi PRQPE>ti1' / LOC TO BE NIGIIED / (1 J79 AC) (POA71 AC,) rn < 71 �1 A � 6 � T ' PROPOSED CI � M1 ZONING w i MACBETH LANE �O nl A SEE NOTE #3 �Z — 7S BRL — — — / �FQ PROPOSED FRUIT HILL ROAD (COLLECTOR) 2� sC� 100-YR FLOODPLAIN (PER FEMA FIRM NO. 51069C0150E. C DATED 01/29/2021, SUBJECT TO CHANGE) i �C9Ttc c o 1 0� a° Q ��cO,p 11 o i 0 0 0 (.C;) .SEGO/ i i SEE NOTE #1 0 GRAPHIC SCALE o ■ m O N U N Lo m Z H C4 w U co Q v v W } > U m�oCo wwc6U = r Ln v w tnww�U = Z X LL �UO¢LL Z a LL O > J Q w } m 0 w Op Zj O Y p Q U p U u w U } N m pLu o p Q o < p c Z Q J H Z LLI Z 0 d J LLJ LU Q Lu v Lu 0 Q J W Z LLI 0 0 250 s00 1000 SHEET NUMBER ( IN FEET) GDP-3 1 inch = 500 ft. 0 0 0 0 of 0 W Q 2 -GLENTAWBER-RD, �\P w\\ co cr \N G Q O PR cC�Rkl ��<• . I <F �R Q- �O CO Leqend GLENTAWBER RO Stine House F2 �J J Q Third Battle of Winchester National Registry Landmarks j Landmark Proposed M2 Parcels Metromont Existing M2 Parcels JWinchester Limits — Railroads Future Proposed Rt37 Bypass RT 37 S O O� fSENTRY cT w C,4C.�eFR / CT � O RT 37 N 43 A 22 \C/ cFtiT �Ap. N OU C p o0 p C C N wA W- Q m m a 3 c 3 •o N ` C = u Q r, u�3 LL Q J4 -Ne W Z z W z z O m Q X W a- U LLJ Q� Z Q� OZ ::D U O ►— �' N Q Z LLI LLU O� U O 12� O w c) U 0 � m U � Z Ir Q z o c0 � Z 0 � =o�w Q X �_ o IY O W J Q Cn T IZOww�� � z w W M O U = F— to z F— o ON Q LIJ U Q O U F- w Z O w tY Y 0 U — _j U LL o J tY a CDQ N 1 > LIjCD C) D w Cnwwa = Z w N U O LL N C � CO N w w C Map Data Source Frederick County. Va GIS Department 2022 Data • Virginia Department of Historic Resources DHR ID: 034-0524 Architectural Sun es Form Other DHR ID: No Data Propert} Information Propern Names Name Explanation Historic Historic Property Addresses Current - Route 522 Countv/Independent City(s): Incorporated Town(s): Zip Code(s): Magisterial District(s►: Tax Parcd(s►: USGS Quad(s): Name Property Evaluation Status Captain John GWze House Not Evaluated Ltbem Hall Frederick (CountyI WINCHESTER Additional Property Information Architecture Setting: Acreage: Site Description: Sunryor Assessment: Suneyor Recommendation: Primary Rmaru Information Resource Category: Resource Type: NR Resource Type: Historic District Status: Date of Construction: Date Source: Historic Time Period: Historic Context(s): Other ID Number: Architectural Style: Form: Number of Stories: Condition: Interior Plan: Threats to Resource: Cultural Affiliations: Cultural Affiliation Details: Architectural Description: Exterior Components Component Windows Domestic Single Dwelling Building Ca 1871 Site Visit Reconstruction and Growth (1966 - 1916) Domestic Victorian, Folk 2.0 Good Central Passage. Double Pile None known Component Type Material Material Treatment Sash. Double -Hung Wood 2/2 June 21. 2022 Page: I of 3 Virginia Department of Historic Resources DHR ID: 034-0524 Architectural Surve, Form Other DHR ID: No Data Roof Hipped Metal Standing Seam Structural S%stem and Frame Wood Other Exterior Treatment ChtmneNs Other Brick Cap. Corbeled Foundation Solid/Continuous Stone Rubble. Coursed Swoodary Resource Information Secondary Resource #1 Resource Categon: Resource 7 ,. pe: Date of Construction: Date Source: Historic Time Period: Historic Contextls►: Architectural Style: Form: Condition: Threats to Resource: Cultural Affiliations: Cultural Affiliation Details: %rchitectural Description: Secondary Resource #2 Resource Categon: Resource Type: Date of Construction: Date Source: Historic Time Period: Historic Contextls►: Architectural Style: Form: Condition: Threats to Resource: Cultural Affiliations: Cultural Affiliation Details: Architectural Description: Number of Stories: Secondary Resource #3 Resource Category: Resource Type: Date of Construction: Date Source: Historic Time Period: Historic Contextlsl: Architectural Style: Form: Condition: Agriculture/Subsistence Cistern Ca Domestic Domestic Ice House Ca Domestic Other Other Ca Domestic June 21.2022 Page: 2 of 3 Virginia Department of Historic Resources Architectural Survey Form Threats to Resource: Cultural Affiliations: Cultural Affiliation Details: %rchitcctural Description: r— — — Historic District Information L ct Name: District Name: strict Significance: CRM Events Escnt Type: Sur%e%Thasc Il lntcnsisc Project Re,.ie% File Numhcr: Imestigator: Giles. Leslie Organization ( ompan): Unknown (DSS) Photographic Media: Sunn Date: 8/1/1989 Dhr Library Report Number: Project StafvNotes: Bibliographic Information Bibliography: Properh Notes: DHR ID: 034-0524 Other DHR ID: No Data June 21. 2022 Page: 3 of 3 ti Virginia Department of Historic Resources DHR ID: 034-5023-0001 Architectural Survey Form Other DHR ID: No Data Property Information Property Names Name Explanation Name Historic Star Fort 2 Property Addresses Current - Fortress Drive Route 1376 County/Independent Cit•(s►: Frederick (County) Incorporated Town(s): Zip Code(s): 22603 Magisterial District(s): Tax Parcel(s): 54-A-1 t SGS Quad(s): WINCHESTER Additional Property Information Archilecture Setting: Suburban Property Evaluation Status Not Evaluated This Property is associated with the Second Battle of Winchester Acreage: Site Description: 2020 Located on the northside of Frederick Pike (Route 5221 and east of Fortress Drive, in the Sunnyside area of Frederick County. on the northem outskirts of the city of Winchester The tract is primarily wooded. Sur evor Assessment: 2020 The Star Fort 2 tract is located adjacent to Star Fort, within the core and study areas for both the Second Winchester Battlefield and the Opequon Battlefield Sunevor Recommendation: Recommended for Further Survey Ow nership Ownership Category Ownership Entity PriN ate Primary Resource Information Resource Categon: Resource Type: NR Resource Type: Historic District Status: Dale of Construction: Date Source: Historic Time Period: Historic Context(s): Other ID Number: Architectural Stle: Form: Number of Stories: Condition: Threats to Resource: Cultural Affiliations: Cultural Affiliation Details: Architectural Description: 2020. Open tract of land Defense Battle Site Site Contributing 1863 Written Data Civil War (1861 - 1865) Landscape. Military/Defense No discernible st%le Good None Known June 21. 2022 Page: I of 2 6 Virginia Department of Historic Resources DHR ID: 034-5023-0001 Architectural Sunev Form Other DHR ID: No Data F Secondan Resource Information Historic District Information Historic District Name: Local Historic District Name: Historic District Significance: CRM Events Second Rattle of N mchester After the Battle of Brandy Station. June 9, 1863, Lee ordered the II Corps. Army of Northern Virginia, under Lt. Gen. Richard S Ewell, to clear the lower Shenandoah Valley of Union opposition. Ewell's columns converged on Winchester's garrison commanded by Brig. Gen. Robert Milroy. After fighting on the aftemoon of June 13 and the capture of West Fort by the Louisiana Brigade on June 14, Milroy abandoned his entrenchments after dark in an attempt to reach Charles Town "Allegheny" Johnson's division conducted a night flanking march and before daylight of the 15th cut off Milrov's retreat just north of Winchester at Stephenson's Depot More than 2.400 Federals surrendered. This Confederate victory cleared the Valley of Union troops and opened the door for Lee's second invasion of the North. Fvent T%pe: DHR Staff Site Visit Project Review File Number: Investigator. Karri Richardson Organization/Company: DHR Photographic Media: Digital Sunev Date: 321/2018 Dhr Libran Report Number: Project Staff Notes: Shell record created for a proposed easement tract: this record should be updated once site visits are completed and the Baseline Documentation Report is drafted for the property Bibliographic Information Bibliograph.N: Propert% Notc.: June 21.2022 Page: 2 of 2 Virginia Department of Historic Resources Architectural Survey Form Property Information Property Names Name Explanation Descripuye Historic Property Addresses Current - U S. Route 522 County/Independent City(s) Incorporated To%n(s): Zip Code(s): Magisterial District(s): Tax Parcel(s): VSGS Quad(s): Name Property Evaluation Status Apple Pie Ridge/West Fort Parcel DI IR Staff f:ligible Second Winchester Battlefield Frederick (County), Winchester (Ind. Cit)) Stephens City 22601.22602.22603.22624. 22655.22656 STEPHENS CITY. STEPHENSON. WINCHESTER AddItional Property leformation Architecture Setting: Rural Acreage: 18.133 Site Description: DHR ID: 034-5023 Other DHR 1D: No Data January 2007. This battlefield land remains much as it was over 100 years ago State Route 37 divides this parcel but it is visually well preserved, and maintained as pasture and apple orchards The city of Winchester is located to the south of the battlefield. There are four dwellings on the parcel west of Route 37. the Harmon House. a masonry house and a small stone cottage built in the early 1930s. and a ranch house built in the 1950s. FOR MORE DETAILS ON THE LOCATION OF THESE STRUCTURES IN RELATION TO THE BATTLEFIELD PLEASE SEE FILE. May 2014. This battlefield's site and setting has not greatly altered since the previous surveys March 2018 The site and setting of the northern portion of this battlefield have not been greatly altered since it was previously surveyed. May 2019 The portion of the battlefield within the vicimtq of the project area has been impacted by the construction of modem residential developments on the south side of Berryville Pike and modem commercial buildings as well as the Millbrook High School and Redbud Run Elementary School. as well as modem residential development on the north side of Berryville Pike May 2021 The Civil War Sites Advisory Commission (C'W'SAC'). which was created by Congress in 1991, identified the Second Winchester Battlefield as a historically significant Civil War site The Civil War Battlefield Preservation Act of 2002 instructed the American Battlefield Protection Program (ABPP) of the National Park Service to update the findings of the C'WSAC. The Second Winchester Battlefield Historic District (034-5023) is a Civil War-cra battlefield located in and around the city of Winchester in Fredrick County. Virginia According to the ABPP. the district covers approximately 18,133 acres incorporating the routes of Confederate approach and flanking movements and the Union retreat route and surrender site involved with the battle (ABPP 2009:319- 21. VDHR. VCRIS 034-5023) The Second Winchester Battlefield Historic District is located along the center of the APE incorporating the western edge of the project footprint along Woods Mill Road The Second Winchester Battlefield Historic District runs north -south from the northern boundan of the APE along Jordan Springs Road. and then turns southwest along Woods Mill Road to the southern edge of the APE and extending further west along Redbud Road to the w estem boundary of the APE. The APE does not extend into the core areas of the district according to the ABPP boundaries (ABPP 2009 32 1. VDHR. VCRIS 034-5023) Surveyor Assessment: Start Year 1863 Date Source Site Visit Type: Historical Event Notes Louisiana brigade under the command of Gen Hays attacked West Fort. Battle lasted for 45 minutes. Union soldiers retreated north, and stage was set for the Battle of Gettysburg - --------------------------- January 2007 This land is the site of Phase Five and Phase Six of the Second Battle of Winchester The latter part of Phase Five occurred in mid -afternoon on the 14th of June. 1863 The Confederate forces were commanded by Gen. Richard S Ewell. The two divisions of the Second Corps of the Army of Northern Virginia rmolved in this campaign were led by Edward Johnson and Jubal Early The surprise attack on the Union forces at West Fort began around six p m and lasted approximately 45 minutes The Union forces were forced to retreat, ultimately setting the stage for the battle of Gettysburg. June 21. 2022 rage: i or o Virginia Department of Historic Resources Architectural Survey Forth DHR ID: 034-5023 Other DHR ID: No Data Mav 2014 The Second Winchester Battlefield was listed on the NRHP and determined eligible under Criterion A- The aspects of this resource that made it eligible for the NRHP have not been significantly altered since it was listed. As such, Dovtail recommends that it should remain eligible for and listed on the NRHP March 2018 Only the northern portion of the Battlefield Study Area was surveyed at this time. There have been no changes to this battlefield that would alter the previous determination of eligible for listing on the NRHP Ma% 2019 Overall the integrity of the Second Battle of Winchester within the current study area has been severely compromised by the modem construction and the w idening of Berryville Pike during the mid -twentieth century. As a result, limited undisturbed areas of the battlefield resource are present in the vicinity of the project area Areas beyond the survey area were not evaluated. Mav 2021 Fought from June 13th to 15th. 1863. the Second Battle of Winchester was a part of the Gettysburg Campaign commanded by Confederate General Robert E. Lee (National Park Service 2020) On June 7th, 1863. General Lee gathered 70.000 confederate forces in central Virginia, with the intent to invade the Potomac, take Washington D.C. and Philadelphia. On June IOth, General Lee ordered Confederate lieutenant General Richard S. Ewell to march north towards the Shenandoah Valley to invade the Blue Ridge Mountains and capture Winchester. Virginia (NPS 2020a, VDHR. VCRIS 034-5023). At the time. Union Major General Robert H Malroy. held 8.000 Union forces in the Confederate sympathizing City of Winchester Although General Malroy received numerous reports of General E%%cll's intention to invade. Malroy did very little to prepare for the possible invasion or to even evacuate It was not until General Ewell attacked the southern town of Middletown. Virginia that General Malroy decided send out infantry to defend Winchester Early on the morning of June 13th. General Ewell commanded 14.000 troops to attack Winchester and the surrounding villages, cutting off any possible escape by the Union troops. The Battle raged on for two more days before Confederate forces captured the City of Winchester (NPS 2020a: VDHR, VCRIS 034-5023). The district was determined eligible for listing in the NRHP and the Virginia Landmarks Register (VLR) by the Virginia State Review Board in 1999 Within the APE, much of the landscape within the Second Battlefield of Winchester has been altered, including the construction of many modem dwellings and paved roads. More modem developments and widening of the Berryville Pike have impacted the district along the southern edge of the APE While an evaluation of the historic district in its entirety is beyond the scope of the current survey. 33 properties within the APE are within the district boundaries. However, only two (034-0110 and 034-1157) were present at the time of the battle. which is the period of significance for the district As a result. the remaining 31 resources are not considered contributing to the district Although the portion of the Second Battlefield of Winchester that is w ithin the APE may retain some of its historic landscape features. the majority of the essential features of the Battlefield are located outside of the APE Areas of the district beyond the APE: were not evaluated. Survevor Recommendation: Recommended Eligible Ownership Ownership Categon Ownership Entity Private Associate Property associate Name Property associate Role Yonlc%. Alma O uncr Yonle%. Llzzie Owner Earl%. Jubal Other Ewell. Richard S Other Hays, Ham T Other Johnson. Edward Other Milroy. R H Other Primary Resource Information Resource Category : Defense Resource Type: Battle Site NR Resource Type: Historic District Status: Date of Construction: Date Source: Historic Time Period: Historic Context(s): Other ID Number: Architectural Style: Form: Number of Stories: Condition: Threats to Resource: Cultural affiliations: Cultural affiliation Details: Site 1863 Written Data Civil War (1861 - 1865) Military/Defense Other Fair Development. Public UtihtN Expansion. Transportation Expansion Other I f r" Virginia Department of Historic Resources DHR ID: 034-5023 Architectural Survey Form Other DHR ID: No Data Architectural Description: January 2007. This land. owned by Fruit Hill Orchard. Inc , is the site of Phase Five and Phase Six of the Second Battle of Winchester The latter part of Phase Five occurred in mid-aftemoon on the 14th of June. 1863. Union troops had withdrawn into three forts, West Fort being one of them. The fort was stormed by Gen, Hays' Louisiana brigade. and the ridge where West Fort was located became known as "Louisiana Ridge." The Harmon House was in the midst of the fire, and was used as a hospital for the Louisiana brigade. With the withdrawal of Union troops to the north. this battle set the stage for the Battle of Gett%sburg. Mav 2014 The Second Winchester Battlefield has not been significantly altered since the previous survey. March 2018 The site and setting of the northern portion of this battlefield have not been greatly altered since it was previously surveyed. May 2019 Overall the integrity of the Second Battle of Winchester within the current stud) area has been severely compromised by the modern construction and the w idening of Berryville Pike during the mid -twentieth century. As a result, limited undisturbed areas of the battlefield resource are present in the vicinity of the project area. Areas bey and the survey area were not evaluated May 2019 Mav 2021 The Second Winchester Battlefield Historic District is located along the center of the APE incorporating the western edge of the project footprint along Woods Mill Road The Second Winchester Battlefield Historic District runs north -south from the northern boundary of the APE along Jordan Springs Road. and then turns southwest along Woods Mill Road to the southern edge of the APE and extending further west along Redbud Road to the western boundary of the APE The APE does not extend into the core areas of the district according to the ABPP boundaries (ABPP 2009 321, VDHR. VCRIS 034-5023) Within the APE, much of the landscape within the Second Battlefield of Winchester has been altered. including the construction of many modem dwellings and paved roads More modem developments and widening of the Berryville Pike have impacted the district along the southern edge of the APE While an evaluation of the historic district in its entirety is beyond the scope of the current survey. 33 properties within the APE are within the district boundaries. However, only two (034-0110 and 034-1157) were present at the time of the battle. which is the period of significance for the district. As a result, the remaining 31 resources are not considered contributing to the district Although the portion of the Second Battlefield of Winchester that is w ithin the API: may retain some of its historic landscape features, the majority of the essential features of the Battlefield are located outside of the APE Areas of the district beyond the APE were not evaluated. Secondary Resource Information t— Historic District Information Historic District Name: Local historic District Name: Historic District Significance: CRM Events Event Type: DHR Staff: Eligible DHR ID: 034-5023 Staff Name: Adrienne Birge-Wilson Event Date: 1/31/2022 Staff Comment Re%icw File No 2021-0163 Event Type: Survey:Phase 1/Reconnaissance Project Review File Number: 2021-0163 Investigator: Lily Hutzell Organization/Company: Cardno Photographic Nledia: Digital Survev Date: 5/17/2021 Dhr library Report Number: FK-170 Project Staff/Notes: June 21.2022 Page: 3 of 6 Virginia Department of Historic Resources Architectural Survey Form DHR ID: 034-5023 Other DHR ID: No Data Kimberh Hinder and Lillian Hutzell. Architectural Historians. Phase 1 Cultural Resource Survey Redbud Run Solar Project, Fredrick County, Virginia, August 2021. James Ambrosino, Valerie Nobles Project Bibliographic Information: Valerie Nobles. Lillian Hutzell. Kimberly Hinder. James N Ambrosmo Phase I Cultural Resource Identification Survey Redbud Run Solar Project. Frederick County, Virginia (Dcc 2021) Prepared for Ongen. LLC. Pittsburgh. Penns,.hanta Prepared by Cardno. Inc.. Wake Forest, North Carolina Survevor's NR Criteria A - Associated with Broad Patterns of History Recommendations: Event Type: Survey: Phase 1/Reconnaissance Project Review File Number: 2020-0122 Investigator: Sandra DeC hard Organization/Company: Stantec 2034 Photographic Media: Digital Suns Date: 529/2019 Dhr Libran Report Number: FK-160 Project Staff Notes: Project Bibliographic Information: Valerie Nobles. Lillian Hutzell. Kimberlv Hinder. lames N Ambrosino Phase 1 Cultural Resource Identification Survey Redbud Run Solar Project. Frederick Count). Virginia (Dec 2021) Prepared for Origen. LLC. Pittsburgh. Pennsyhama Prepared by Cardno. Inc.. Wake Forest. North Carolina. Sun evor's NR Criteria A - Associated w tth Broad Patterns of History Recommendations: Esent Type: Surn•ey:Phase I/Reconnaissance Project Review File Number: 2017-4024 Ins estigator: Sarah Traum Organization/Compan%: Commonwealth Heritage Group. Alexandria Photographic Media: Digital Sunes Date: 3/12/2018 Dhr Libras Report Number: Project Staff/Notes: Reconnaissance level architectural resources survey prior to proposed Opequon Water Supply Plan. in Frederick County for ARCADIS US. Sarah Traum conducted the field survey in March 2018. Sarah Traum completed the VC'RIS documentation. Sunevor's NR Criteria A - Associated with Broad Patterns of History Recommendations: Bent Type: Survey:Phase 1/Reconnaissance Project Review File Number: 2014-0348 I n estigator: Heather Dollins Organization/Company: Dovetail CRG Photographic Media: Digital Sunev Date: 5/5/2014 Dhr Libran Report Number: FK-120 Project Staff/Notes: Project Bibliographic Information: Valerie Nobles. Lillian Hutzell. Ktmberh Hinder. James N Ambrosmo Phase I Cultural Resource Identification Survey Redbud Run Solar Project, Frederick County, Virginia (Dec 2021) Prepared for Origen. LLC. Pittsburgh. Pennsyhanta Prepared by Cardno. Inc.. Wake Forest. North Carolina. Sun evor's NR Criteria A - Associated with Broad Patterns of History Recommendations: Event Type: Other Project Review File Number: Investigator. ABPP Organization/Company: Unknown (DSS) June 21. 20222 Page: 4 of 6 Virginia Department of Historic Resources DHR ID: 034-5023 Architectural Survey Form Other DHR ID: No Data Photographic Media: Sunev Date: 1/24/2007 Dhr Libran Report Number: Project Slaff'Notes: Prehmman survey data from the American Battlefield Protection Program (ABPP) indicates that this historic Civil War battlefield is likely eligible for listing m the National Register of Historic Places and likely deserving of future preservation efforts. This survey information should be reassessed during future Section 106/NEPA compliance reviews Sur%evor's NR Criteria A - Associated with Broad Patterns of History Recommendations: Event Type: Other Project Review File Number: Investigator: Gossett. Tanya Organization/Compan% Unknown (DSS) Photographic Media: Suites Date: 9/13/2005 Dhr Libran Report Number: Project Staff/Notes: The American Battlefield Protection Program and the Virginia Department of Historic Resources agree that where a joint undertaking is to be located within or near a Civil War battlefield surveyed by the Civil War Sites Advisory Commission (1991-1993). the ABPP and the VDHR will recommend that the Federal agency (or its designee or the designee's consultant) take into account lands within the Study Areas of those battlefields when identifying the historic property and assessing effects to the historic property in Section 106 reviews. Both the ABPP and the VDHR will recommend systemattc metal detector surveys and other field methods appropriate to battlefields for Phase I work where a proposed undertaking may have ad irect effect on the historic property/battlefield. Please see also the CWSAC data within the file for the battlefield. The VDHR GIS includes the full boundaries of the CWSAC study areas for battlefields recorded within the VDHR architectural tnentorv, unless VDHR has refined the boundary by evaluation of integrity and eligibility, or unless the battlefield is listed in the National Register The ABPP asks that the full study area he evaluated. even in cases where a National Register boundary exists. Many National Register boundaries were drawn to exclude eligible areas for political reasons or owner objections, and therefore do not represent the entire eligible battlefield In cases where VDHR has refined the boundaries of a battlefield to lands eligible for the National Register. the study area is presumed by both the VDHR and the ABPP to be obsolete. Sunesor's NR Criteria A - Associated with Broad Patterns of history Recommendations: Event Type: Surve%:Phase 1/Reconnaissance Project Review File Number: Im estigator: Organization/(Company : Photographic Media: Sun es Date: Dhr Library Report Number: Project Staff Notes: Sune%or's NR Criteria Recommendations: Event T%pe: DHR Board: Eligible DIIR ID: Staff Name: Event Date: Staff( omment Event Tvpe: DHR Staff: Eligible DHR ID: Staff Name: Event Date: Staff Comment Unknown(DSS) 1 / 18/2000 A - Associated with Broad Patterns of History 034-5023 State Review Board 3/1/1999 034-5023 DHR 11 /24/ 1998 ALso called CWSAC-VA 107 Second Battle of Winchester. Frederick Co.. VDHR Number 34-5023. June 21. 2022 Page: 5 of 6 Virginia Department of Historic Resources Architectural Survey Form DI-IR ID: 034-5023 Other DI-IR ID: No Data Hie resource, considered for its national significance under Criterion A (Military I listory), was found eligible with a score of,12 points. Bibliographic Information Bibliography: May 2021: American Battlefield Protection Program (A131111) 2009Update to the Civil War Sites Advisory Commission's Report on the Nation's Civil War Battlefields: Commonwealth of Virginia. National Park Service. Washington. D.C. Electronic document, littl)s:/hcww.tips.gov/abpp/cwsii/CWSACIZel)ortVirginiaUp(late.I)df'.Accessed March 2018. 2012Update to the Civil War Sites Advisory Commission Report on the Nation's Civil War Battlefields. Draft v. 6, for public review. Electronic document, https:/hvsysv.eene«-s.neUossels/2012/09/12/ documentg\a_03.pdf. Accessed March 2018. Property Notes: Name: C. Robert Solenberger Company I: Fruit hill Orchards, Inc. Address 1: F.O. Box 2368 City: Winchester State: Virginia ZIP:22604 May 2021: 'I'his survey was conducted largely from the public right-oGway. June 21, 2022 • • Rural Landmarks Survey Report Frederick County, Virginia Phases 1-I11 t 1988-1992 Prepared by: Maral S. Kalbian, Architectural Historian R • 0 RURAL LANDMARKS SURVEY DEPORT OF FREDERICK COUNTY, VIRGINIA PHASE III FALL 1991-FALL 1992 INCLUDING PHASE I FALL 1988-SUNIMER 1990 AND PHASE II SPRING 1990-SUMMER 1991 Prepared for: Frederick County Board of Supervisors & Virginia Department of Historic Resources Prepared by: Maral S. Kalbian, Architectural Historian Winchester -Frederick County Historical Society, Sponsor The Rural Landmarks Stsney of Frederick Counts• was funded in port by the Virginia Department of likturit Resources under she Survey and Planning Grant Program. The drswing on the cover is of the Old Frvderiek County Comtthouse, located in Winchester. It was drawn by hlark Leniasten. Frederick County Grdphic Design Technician, and is used with his permis ion. FREDERICK COUNTY, VIRGINIA FREDERICK COUNTY RURAL LANDMARKS SURVEY C1L4PTF.R 2: DOMESTIC ARCHITECTURE excellent condition that represents the regional tendency of builders to interpret current architectural styles into established building forms. (Fig.25) The house is of the common I -house form, but is exceptional for its fine combination of Italianate and Folk Victorian architectural details. Some of these include alternating large and small brackets in the eaves, segmentally -arched attic windows in the gable ends, two -aver -two -sash windows with ramped - pediment surrounds, a decorative vergeboard, and gable end returns. The house is fronted by a one-story, three -bay, porch with decorative brackets in a leaf motif, scrolls, pendants, and chamfered supports. The high styles most often used in domestic architecture of this period include the Italianate, Queen Anne, and Colonial. Revival. It was surprising to find some earlier styles still being used in the county during this period. Five examples of houses using the Greek Revival style were identified. All are of brick except for 34-831 which is frame construction. The brick dwellings are very similar architecturally, but Fort Collier 34-165 is by far the most refined and ornate of the four. GREEK REVIVAL SITE NAME NUMBER Fort Collier 34-165 Jobe House and Woolen Mill 34-345 Willows, The 34-831 909 N. Loudoun Street 34-962 Brumback, Jacob H. House 34-1072 One example of a Federal -style dwelling was identified. The Brown Stuart House 34-1239 is a frame, two-story, five -bay dwelling that was constructed shortly after the Civil War. Four examples of the Italianate style were identified during this period. This is about twenty years later than the peak of the style in areas on the Atlantic Seaboard. All are frame except for 34--74 which is brick, and all are fairly subdued in their use of the style. ITALIANATE SITE NAME NUMBER Cooley House 34-74 Liberty Hall 34-524 Cochran House 34-677 Byers House 34-1124 The Byers House 34-1124 is an illustration of the Italianate style applied to an I -house form. (Fig. 26) It is a two- story, three -bay, symmetrical, frame, hipped -roofed., dwelling with a rear central wing. The Italianate details 56 0 • FREDERICK COUNIT RURAL L9NDMARKS SURVEY CHAPTER 2: DOMESTIC ARCHITECTURE include paired brackets in the eaves a low-pitched hipped roof, and the decorative details on the porches. It is also notable for the attached 1 1/2-story, rear, log kitchen wing. Thirteen examples of the Queen Anne style were identified. All are of frame construction except for 34-929, which is brick and 34-1223 which is of rusticated concrete block. QUEEN ANNE SITE NAME NUMBER House off Route 600 34-356 House, Route 604 34-367 Lamp -Holliday House 34-651 Fishel House 34-875 Lupton, Hugh House 34-929 Cochran, Dr. House (2) 34-931 Bayliss -Seaman House 34-1026 Valley View Farm 34-1029 Curry -Harter House 34-1219 Snapp, J.A.R. House 34-1223 Ebert -Gunter House 34-1456 Russell Tenant House 34-1472 McVey -Rapp House 34-1473 The Snapp J A R House 34-1223 is a good example of the Queen Anne style in Frederick County. (Rig. 27) The dominant feature is the protruding two-story front bay which creates asymmetry and visual interest. The use of rusticated concrete block, concrete blocks formed to look like rusticated cut stone, is one of the earliest in the county. This new material gained popularity during the next period. The cornice of the house also uses the formed concrete blocks, but are finished smoothly and given a laurel -wreath design for added visual interest. Four examples of the Gothic Revival were identified. All are of frame construction. The most common features of these buildings are steeply -pitched gable roofs, double - front gables, gothic -arched windows and decorative vergeboards. As with the Queen Anne and Italianate styles, the use of Gothic Revival elements is subdued. GOTHIC REVIVAL SITE NAME NUMBER Double -gable House, Rt. 522 34-446 Gothic Revival Cot.,Beay.Prop.34--465 Orndorff, V. House 34-771 Meadow Brook Farm 34-1038 The Colonial Revival style was one of several styles that were part of the Eclectic Movement, which drew inspiration from pure copies of traditional architectural styles. This differed from the Victorian styles that freely mixed styles. 57 N4, IF own.. 4a - wi. IV - - T-W"! _ } Ala : AlL rm Photo S: Liberty Hall rear of barn structure t• _ I • 0 -GLENTAWBER RD GLENTAWBERRD 4,1 , � -/ Q�,I 2 z a 1 2 j RTS�\R s� 2,y v " 52 Legend Proposed M2 Parcels Metromont Existing M2 Parcels r.l.� Winchester Limits Future Proposed Rt37 Bypass - Railroads • Frederick County Zoning B2 (Business, General Distrist) — B3 (Business, Industrial Transition District) M1 (Industrial, Light District) M2 (Industrial, General District) RA (Rural Area District) RP (Residential, Performance District) RT 37 S O.� /C% SENT4RY -C a- y- Uj FRcT p-- SF RT 37: N MAU 43 A 22 54 1 J� 2 2 54 P 13 &i 54 A 15A 54A17 t 54 A 12 /f 764 '++ �F 0 54A11 �G tV+ OSTq R 1, �O0r R *4C) Q� Feet Y 600 0 600 �.r°�P oJOOJ� . 783 BRooK�;RO 1i 1 0 O N o z O Q O a O U z O O w 2 u c 00 c E Y7 N to 64 r- W Ujoi v v, GyL �On �~ c Ln Ih 33 t��3 �LL Q Z z Z W ? W 0 z Z O 0 CO CLO 2 X Z � ZO W N Z_ OX z O ON W 2 U 0 r m U 0 cr- Q z z0 U (� w 0 0 m_Q m = Lu ►- °; w Ln Z) o 0 O O F- z 2 x O J U 2 IL N Q X a N I.t.t I.t.t NO 11 z N U OtLN F- FJ o Map Data Source I redenck County. Va GIS Department 2022 Data GLENTAWBER RD \\I 37 RT 37 S C Legend Proposed M2 Parcels Metromont Existing M2 Parcels JWinchester Limits Railroads Future Proposed Rt37 Bypass p O, O� 'A SENTRY CT o h CA i. W .ieFR CT o SF ti 54 A 11 54 A 14 54 A 12 RT 37 N 54 A 13 54 54A15A 43 A 22 54A17 764 CFFq O `\ \ R PPS COCGSTqj, C. \✓q POo�+ Q� c/r`r0 0� Nq�� ? LU / ' 7 .5 Feet 300 0 600 1 U 41� 00 SITE SITE WINCHESTER LOCATION MAP 0 �O Q c� %46 A01 W� W U Z O O 00 IZ (D _ C� Z X OZ w UO z �N O OX Q 2 U O OJ W U 0 H m U Q z O w F- Z Z g ~ C' Erm rn O m Q D_ 0 _ Cr >- ' cr O Z w z O o O O U U w O cr Q Y O w O J u Fr w Wo F w w w N o [�D " Y N U O N N C W a J a U) Map Data Sowce Frederick County, Va GIS Department, 2022 Data G QQ�� 0 �y v � 052 Y O� Qj 2 \ Legend Proposed M2 Parcels Metromont Existing M2 Parcels _ _ J Winchester Limits -- Railroads 100 Year Floodplain Wetlands PONDS Future Proposed Rt37 Bypass STREAM CENTERLINE 2 FOOT CONTOURS RT 37 N o 'gyp �O 43A22 ,40 ^,tio 0 54 A 14 ti 54 54 A 11 10 400& pR srgV� � Q� c SONgl�, ��Qp f � ygRO sq`� oJ�' C4�. / tiT4 J c c q1 E �1 N E c '-_> Cm 3 1 cvQ 3�Y C'iN c u '0 �t v V�3 cur z O m Q Of = O W a (D W Tf z_ Cr O Z F- � N Q W O X u_ � Q o Of Tf Z) F W Q 2 z 0�� �C9 0 � m U O z w g z �O 0 = z C� w It W �_ O.E- O Q > 0 a O LLJ Ir z w f i O zF-zo �- 0 Q O O i z w w Q U w ,o O w "2 Y � v z O Q a o Y W ~ w Q CD to B3 Q w o Y Feet z z w N U \m 600 0 600 w \ w 17► j n a; Map Data Source Frederick County. Va GIS Department. 2022 Data METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT Tax Parcels 54-A-1 l and 43-A-22 Stonewall Magisterial District Frederick County, Virginia August 26, 2022 Current Oi%ner: Metromont Corporation KSS, LC Contact Person: Christopher Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-41 K5 Greenway Engineering August 4, 2022 Mctromont Rezoning METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2, Industrial General District. The subject property includes a 24.72±-acre parcel owned by Metromont Corporation identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00±-acre parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and north of Stine Lane (see the Location Exhibit included with this report). The South Parcel and North Parcel are located immediately south and north of Metromont's existing pre -cast concrete manufacturing facility, which occupies approximately 113.29± acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A- 13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2 District. A pre -cast concrete manufacturing facility is classified under SIC Major Group 32 - Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit included with this report). The South Parcel is currently zoned B-2, Business General District, and is therefore already entitled to develop with general commercial uses. The South Parcel is further served by an existing frill movement entrance on North Frederick Pike with dedicated right and left turn lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for storage of finished pre -cast concrete product awaiting delivery. File #39521-1[3 — Impact Analysis statement 2 Grcenway laigincering • August 4, 2022 • Metromont Rezoning Site Information Location: The South Parcel (Tax Map #54-A-11) fronts on northeast side of North Frederick Pike (U.S. Route 522), immediately west of the City of Winchester. The North Parcel (Tax Map # 43-A-22) fronts on the southwest side of U.S. Route 37 and is north of Stine Lane. Magisterial District: Stonewall District Tax Map Numbers: 54-A-1 1 and 43-A-22 Current Zoning: South Parcel, B-2, Business General District North Parcel, RA, Rural Area District Current Use: Undeveloped Proposed Zoning: M-2, Industrial General District with proffers Proposed Use: Concrete Manufacturing (inclusion of subject parcels in existing Metromont facility; intended activities include trailer parking and storage of finished pre -cast concrete product awaiting delivery to customer sites, and will further enable relocation of existing facility components to improve operational efficiency) Total Rezoning Area: Filc 1139521-i13 — Impact Analysis Statement 44.72±-acres with proffers 3 Greenway latgineering 0 August 4, 2022 . Metromont Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 44.72±-acre subject property is located within the UDA. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The entirety of the 44.72±-acre subject property is located within the SWSA. Comprehensive Plan Conformity The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban Areas designates the South Parcel for future Business use. The South Parcel is not located within the boundaries of an areas -specific land use plan and has therefore not been considered in the context of a more focused land use study. Given the adjoining manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated for general industrial use, and its development pursuant to the proposed M-2 District aligns with the goals of the Frederick County Comprehensive Plan, notably by promoting the desired ratio of commercial and industrial development to residential and other uses. The North Parcel is located within the study area boundary of the Northeast Frederick Land Use Plan (NELUP). The NELUP is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The NELUP designates the North Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY Or THE SITE Access Primary access to the existing Metromont facility occurs via Stine Lane from its intersection with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing frill -movement commercial entrance provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. The existing North Frederick Pike entrance is currently used by trucks/tractor trailers returning from delivery of finished pre -cast concrete product as well as local suppliers delivering aggregate materials to the facility. Metromont envisions that the existing use of this entrance will continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on Pile/139521113 — Impact Analysis Statement 4 Greemeay Engineering 0 August 4, 2022 is Metromont Rezoning the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property will occur through the extension of private service drives from the existing facility. Flood Plains The South Parcel contains areas of floodplain per FEMA NFIP Map #51069CO208E, Effective Date January 29, 2021. The mapped floodplain is depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The South Parcel contains a stream and wetland areas as identified on the National Wetlands Inventory (NWI) Map information and the Frederick County GIS Database. The mapped stream and wetland areas are depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations, to include provision of the required riparian buffer. The North Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Soil Types The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 17C — Frederick Poplimento Rock 2 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 17E - Frederick Poplimento Rock 15 to 45 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Pile 1139521-113 — Impact Analysis Statement 5 Greenway Engineering 0 August 4, 2022 0 Metromont Rezoning 29 — Massanetta loam These soils are described as having a slow filtration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils moderately fine texture or fine textures. These soils have a slow rate of water transmission. 35 — Pagebrook silty clay loam These soils are described as having a very slow infiltration rate (high runoff potential) when wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very slow rate of water transmission. The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 14B - Frederick Poplimento loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse tCxtUI-C. These soils have a moderate rate of water transmission. 14C - Frederick Poplimento loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. I6B - Frederick Poplimento, very rocky loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Pile 039521-113 — Impact Analysis statement Greenway Gngincering 40 August 4, 2022 0 Metromont Rezoning Other Environmental Features The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is also located in the geographic portion of the County that is underlain by karst geology. These environmental features will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. However, like the South Parcel, the subject property is located in the geographic portion of the County that is underlain by karst geology. This environmental feature will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. SURROUNDING PROPERTIES Adjoining property zoning and present use South Parcel (Tax Map #54-A-1 1): North: M-2, Industrial General District Use: Industrial/Preserved Open Space B2, Business General District RP, Residential Performance District South: B2, Business General District Use: Residential East: LR, Low Density Residential Use: Railroad/Residential (City of Winchester) West: B2, Business General District Use: Undeveloped RA, Rural Area District Adjoining property zoning and present use North Parcel (Tax Map #43-A-22): North: RA, Rural Areas District South: M-2, Industrial General District Use: Residential Use: hndustrial East: M-1, Light Industrial District Use: hndustrial West: M-2, Industrial General District Use: Undeveloped Pile 113952FIB — Impact Analysis Statement 7 Greenway lingineering • August 4, 2022 Metromont Rezoning TRANSPORTATION The proposed rezoning will enable increased land area for operation of the existing facility, primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned acreage will also provide Metromont greater flexibility in the configuration of the facility's existing components, enabling complementary elements to be moved in proximity of each other, which will enhance overall operational efficiency. However, the proposed rezoning will not result in any intensification of traffic generated by the facility, as it will generally maintain existing production capacity, employee counts, and delivery schedules, which are ultimately driven by prevailing market conditions. As outlined previously, primary vehicular access to the existing Metromont facility occurs via Stine Lane, which is a private access easement road that extends to the site from its intersection with Martinsburg Pike (U.S. Route I1). Additionally, the South Parcel has an existing frill movement entrance on North Frederick Pike (U.S. Route 522) with dedicated right and left turn lanes, which is currently used by local suppliers for delivery of aggregate materials to the facility as well as trucks returning to the facility following delivery of finished product to customer locations. These existing entrances will continue to be provide vehicular access to the facility consistent with current practices. Vehicular access between the multiple parcels comprising the existing facility occurs via a network of internal private travel ways, which already interconnect with the South Parcel and will be extended to the North Parcel. Based on the conditions described above, the proposed rezoning will not have any measurable impact on the external road network serving the subject property. SEWAGE CONVEYANCE AND TREATMENT As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water- Service Area (SWSA) and are therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new sewer comiectivity. WATER SUPPLY As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Metromont for these parcels (e.g., trailer parking, outdoor storage, relocation of existing facility components) does not require new water connectivity. File 1139521-113 — Impact Analysis statement 8 Greenway Engineering 0 August 4, 2022 • Metromont Rezoning SITE DRAINAGE Topographic relief on the South Parcel generally follows a southwest to northeast pattern that directs drainage towards the rear of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Topographic relief on the North Parcel generally follows a west to east pattern which directs drainage towards the east side of the property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The South Property is indicated by Virginia Department of Historic Resources (DHR) and Frederick County GIS records as containing a resource identified as Liberty Hall (DHR ID 034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as an example of the Italianate style of architecture by the Rural LaMlMai-ky Survey Report of Frederick County, I"iugiufia (Phases 1-111, 1988-1992). The dwelling itself no longer exists on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S. Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory structure, which appears to be more than 50 years old, but otherwise does not have any historical or architectural significance. To the northwest of the South Parcel is a preserved Civil War resource known as Star Fort (DHR ID 034-0322) and the adjoining Star Fort 2 tract (DHR ID 034-5023). Star Fort played a role in both the Second Battle of Winchester and Third Battle of Winchester (Opequon) and is within the study areas of each battlefield. The site has been preserved as a battlefield park open to the public that is owned and maintained by Shenandoah Valley Battlefields Foundation. The site is largely wooded but has cleared areas for public access/walking. The existing Metromont facility is in the viewshed of these resources, as are other areas of suburban style development. As noted previously, the South Parcel is already entitled to develop under- the B-2 District, and rezoning to the M-2 District is therefore consistent with development expectations for the area adjoining the Star Fort sites. The South Parcel and North Parcel are located within the study areas of the Third Battle of Winchester and Second Battle of Winchester study areas, respectively, as identified by the National Park Service Study of Civil War Sites in the Shenandoah Valley. The South Parcel is within the core area of the Third Battle of Winchester battlefield, and both parcels are outside but adjacent to the core area of the Second Battle of Winchester battlefield. However, the NPS Study indicates that the subject parcels are within portions of the study areas that have File 1139521-I13 — Impact Analysis statement 9 Greenway Engineering 9 August 4, 2022 0 Metromont Rezoning lost historic integrity due to existing development patterns. As such, the proposed M-2 rezoning will not create any negative impacts to identified resources. File 1139521-1E3 - Impact Analysis Statement 10 � GLENTAWBER�RD NI �J �P �DgRL G ,TON DR. Legend Proposed M2 Parcels Metromont Existing M2 Parcels _ J Winchester Limits -- Railroads Future Proposed Rt37 Bypass S O C� SENT4�Lu CT CA i. .ieFR CT � I S� ti F� RT 37 S 54A14 54Al2 RT 37 N 54 A 13 54 54 A 15A 43 A 22 54 A 17 SITE SITE WINCHESTER LOCATION MAP O 40 764 C FF q �F 54 A 11 o°y J`� ocvs JP R� + O� 4Q C�S0 0� tiq�F ,b % ) % T O 783 Y pig Feet JC�J� %/ m 600 0 600 UP \ / 783 c 00 c Ql N O OGCCN c i N j lA LnLA Ln W-a aow m c 0- m d (D = 0� Z X W OU0 Z �N O O� ~Q � U O 0 W 2 U Y � m U � z Q z O ~ z T v, < H X cc m Q > _ a = N z X W rn O O Z U) D o f' N O FD OV Lij U -j U 0 c O O Q' a LL J Q 0 C) N w w w 0 O � N U N C Npp O /, a a Map Uata Source Frederick Va GIS Department, 2U11 Uata 0 GLEN O < W O RiVEN�RC�cc AY c�gRk � I t 52 o O O r o° Q J 411 C7 J � a Legend GLENTAWBER RD RT 37 S RT 37 N CT CIO C W �- q v i Cr Vim? / 832 \ 40 J2� 721 Q co f Q. O o _ Proposed M2 Parcels Metromont Existing M2 Parcels r-r-� �- -' Winchester Limits Future Proposed Rt37 Bypass - Railroads Frederick County Zoning B2 (Business, General Distrist) - B3 (Business, Industrial Transition District) M1 (Industrial, Light District) M2 (Industrial, General District) RA (Rural Area District) RP (Residential, Performance District) 54A14 43 A 22 ME z � 54 A 13 �i\A 15A 54AIT eRCOK�-RO qR� �� cFti u c 00 c ` E N � 00 N c�N LnrnLLI �. L2> CD00 3 cv a 3'= -'0N t7�3 cur Zw W z W0 ce z Z O 0 CIO � H a_ 0 _ WZ W c� z w Z OOf z 2 O w 2 U � r m U Q o uj z o lY z" z Q Ix o 0 �Q � CO � z X Lu O z z o ON z 0 � � O cr z 2 Y LLJ 2 O-j U wo C' O N -J Q F a N � F- w Q L w Z lL N = p LL N C w o c U Map Data Source Frederick County, Va GIS DrparUnant. 2U22 Data i -J C Z \1 I ENTAWBER-RD� GLENTAWBER RD L17 RT 37 S • /• � it _ Y ,I RT 37 N 54 A 14 0 'gyp �o 1 43 A 22 l A� ^tio j C a) N 0 bo J � C C i N W W - Q coA00 rd vv 3 3 O N 6�` v chi s � 173 V,LL �L Alf z W ,ce v V Q�4 Q S 54 A�15 CIO Z ° O m v�TS� S yJ22 721 �� of 4y < w °� 52 �`� i 0a\�`� LL Z W Z H _ H 54 A 13 H O Q °Q y 54A15A 54A17 Z W LwL Q/ " 2 J �52 O < $-zi 54 A 12 �O W O ® Z 0 W so Legend pg��� 764 U 5G �FE:gV�I o Proposed M2 ParcelsLU � to U LU Metromont Existing M2 Parcels 54A11 '�,. F Sl z IX Q z °RTR O mU)zCC) _ _ J Winchester Limits $ � <ov, O,P ` 4 Q X o (D o — Railroads �o �,.P \,Fyn `.� O� a _ O O w } ILNO �0 1�P \✓ OpG `\\ IY Z Cr H Z `h 100 Year Floodplain y q o O U) Wetlands / Q�,� okSONq��,�O�P i� z N w a w f i O o: Y PONDS / / a � v °� ,L i i Z O w Q a Future Proposed Rt37 Bypass 783 Liw Q w LLI0 0 STREAM CENTERLINE \ \ i� �icy�RO J�y� , �_ Feet z o U- N 2 FOOT CONTOURS ` I / S�V,c .1� / m� EEOO 0 600 �' W Mau Data Source Frederick Countv. Va. GIS Deoartmenl. 2022 Data Q 0 Nt J ti Q /fir S GL-ENTAWBER-RD GLENTAWBER RD�I -r7�-- RT 37 S RT 37 N JAG �o 0 �,P o a`5 W ���'�\P m NC�QRCtAGIO -qRk, t,14.4 l / F �R Legend Third Battle of Winchester National Registry Landmarks ® Landmark Proposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits — Railroads Future Proposed Rt37 Bypass V C 00 C i E 00 N � 00 c CAN w LAJ Go co m � c 3 i NN 0 ZJ N �O N ` Lh L gLV c LL � Z O m Q X w d (D w T- Z o Z O Q N 2� U O w (n 2 _ U F- } CO U Z O H m of i- Q Z z 0 Q X 0 X w Q � CO a�,ww>� X O Z0�wF-O; �� � �0 Z o w < O� U (� O X " Y o O 0� a o F- Q C w c L T O J N o N 11 U N N C y+ W W o May Uala Source Frederick County. Va, GIS Department. 1U11 Data 0 1 14�0 Cofrwerce Pail, Dive, S� iile !')(I Pestcn, VA 20191 COASSOCIATES August 10, 2022 To: Timothy Rhodes - Land Development Engineer VDOT Edinburg Residency 14031 Old Valley Pike, Edinburg, VA 22824 From: Andrew Butsick, P.E.; John Callow CC: Thomas Moore Lawson, Esquire - Thomas Moore Lawson, P.C. RE: Metromont Corporation Rezoning Project# 27884 Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the potential transportation -related impacts of the proposed Metromont Corporation Rezoning in Frederick County, Virginia. The site, located along Stine Lane, is shown in Affachment A. The existing Metromont site (Tax Map Parcels 54-A-12, 54-A-13, 54-A-14, 54-A-15, 54-A-15A, and 54-A 17) consists of 113.29 acres of M-2 (General Industrial) occupied by a precast concrete plant and associated storage yard. The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning two adjacent parcels (Tax Map Parcels 54-A-1 1 and 43-A-22) from B2 (General Business) and RA (Rural Area) to M2 to match the current site. These two additional parcels, which represent an additional 44.74 acres, would be used for additional storage to help improve on -site circulation. They are not intended to expand or augment current operations, and as such, the rezoning would not result in an increased frequency of off -site vehicular trips to the adjacent roadway network. Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike). Therefore, as proposed as part of this rezoning, no changes are anticipated to the operational and safety performance of the adjacent roadway network. The subsequent sections of this memorandum provide additional information regarding the current and proposed operations of the site. Site Access The existing Metromont site is served by three access points: One full -movement entrance on Stine Lane One full -movement entrance on US 522 (North Frederick Pike) One right -in, right -out entrance on US 522 The full -movement entrance on Stine Lane serves as the primary point of ingress and egress for employees, incoming materials delivery, and outgoing deliveries of finished products trips. A small percentage of employees and incoming deliveries utilize the full -movement entrance on US 522 based on the origin of Kittelson & Associates, Inc. • August 10, 2022 0 Page 2 Metromont Corporation Rezoning Transportation Assessment their trip. All outgoing deliveries, including permitted loads through VDOT, utilize the full -movement entrance on Stine Lane to access US 11 (Martinsburg Pike) and 1-81 to the east. With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the rezoned and existing property will remain at the existing three access points. Site Trips and Operations Existing trips to and from the site can be characterized in three categories: • Employees: The existing site employs 377 workers, who are split across two shifts Monday through Friday. Approximately 77 of these employees are temporary workers who are housed in local hotels and carpool to and from the site. • Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement, aggregate, and sand per day for processing in the concrete plant. • Finished Product Deliveries: An average of 60 loads of finished product exit the site each day. The vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT. The majority of these trips use the full -movement access on Stine Lane via US-1 1, while a small percentage use the full -movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522. As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or outgoing deliveries of finished product are anticipated. Additionally, no changes to the distribution of site - trips between the three entrances are expected. Therefore, no changes to off -site operational performance are anticipated with the proposed rezoning. Safetv Performance To evaluate the existing safety performance of the site entrances after the proposed rezoning, the most recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site entrances. The crash data was obtained from VDOT's Pathways for Planning tool (Reference 1). Figure 1 illustrates the crash types occurring within close proximity to the site entrances, while Figure 2 illustrates the severity by intersection. Attachment B contains the crash history data obtained from the Pathways for Planning Portal. Kittelson & Associates, Inc. August 10, 2022 Metromont Corporation Rezoning Figure 1. Crash History near Metromont Corporation Rezoning site (January 2019 -December 2021) Z •, r r- SITE$ stun Page 3 Transportation Assessment • 0 � Kittelson & Associates, Inc. • August 10, 2022 • Page 4 Metromont Corporation Rezoning Transportation Assessment Figure 2. Crash Severity near Metromont Corporation Rezoning site (January 2019 -December 2021) No crashes reported As shown, a single crash was reported at the US 11 /Stine Lane intersection during the three-year study period. The angle crash occurred between a tractor -trailer attempting a left -turn out of Stine Lane and a northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in traffic on US 11, resulting in the property damage only crash. The crash does not appear to be related to insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample sight lines in either direction on US 1 1 given the relatively linear alignment in this segment. The Stine Lane approach serves multiple industrial uses along Stine Lane. A single crash was reported near the right-in/right-out entrance on US 522; however, the head-on collision does not appear to be related to the site entrance. The injury crash occurred when a southbound passenger vehicle crossed over the centerline and struck a northbound passenger vehicle. No crashes were reported during the three-year study period at the full -movement entrance on US 522. Given no increase in the frequency or nature of site -related trips are projected with the rezoning of the Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a result of the proposed rezoning. Conclusions The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips generated by the site or changes in site access relative to existing conditions. The rezoned parcels will serve as additional storage for existing (not augmented or expanded) operations. As such, the existing transportation network can adequately accommodate the proposed rezoning. References 1. Virginia Department of Transportation. Pathways for Planning Portal. Accessed July 21, 2022: Kittelson & Associates, Inc. • Attachment A Rezoning Site Plan LEGEND • t t • - • PROP. INDUSTRIAL 1 _ I ► - ; GENERAL LAND USES 2 b � *,• ..w '„ _ ,may; � �j ,� (" EX. METROMONT M2 1 e� r •f. `-----� REE SAVE LXISTING STINE LANE ,1 •l' ..• , q iLIpTgESS pP - 'r 200 aoo p Q SCA. zoo' ui Lai A 7 g DR .• `. ':�^� �' , •�• 1, 1 '�'4I rr�� LLJ Lij l % � :�T • _ 1i c � � F LF 77 ` • t t `'� V O zoLAW ft SCALE AS NOTED I DESIGNED BY, W • I ` EXISTING SITE ENTRANCES ON NORTH FREDERICK PIKE 1 \ ! _ , ��' �: i �� SHEET I Attachment B Historical Crash Data (January 2019- December 2021) DOCUMENT_NBR CRASH_DT CRASH_MILITARY_TM COLLISION —TYPE DRIVER_ACiION_TYPE _CD DR IVER_INJURYTYPE RTE_NM VEHICLE_BODY_TYPE_CD IWEATHER_ CONDITION I LAT ILON 193OS52SS 2019-10-31 110413. Head On 37. Other;l. No Improper Action PDO;B I R-VA US00522NB 122. Truck (SUV);22. Truck (SUV) 1. No Adverse Condition (Clear) 39.20144 -78.1642 200495313 2020-02-171 105712. Angle 1. No Improper Action;22. Disregarded Stop or Yield Sign PDO;PDO R-VA US00011NB 123. Truck (3 Axles or More);22. Truck (SUV) 11. No Adverse Condition (Clear) 1 39.20456 -78.1538 r ORDINANCE Action: PLANNING COMMISSION: September 21, 2022 Recommended Approval BOARD OF SUPERVISORS: October 12, 2022 Postponed Action BOARD OF SUPERVISORS October 26, 2022 Postponed Action BOARD OF SUPERVISORS November 9, 2022 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-22 METROMONT WHEREAS, REZONING #08-22 METROMONT, submitted to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south parcel, PIN 54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on September 21, 2022 and recommended approval; and = WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on October 12, 2022 and postponed action until the next Board meeting; and WHEREAS, the Applicant requested action on the application be postponed until the next Board meeting; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on November 9, 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 rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and-1-/-24.72-acres (south parcel, PIN 54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The conditions voluntarily proffered in writing by the Applicant and the Property Owner, dated November 9, 2022, Res# 034-22 PDRes#35-22 are attached. 0 0 This ordinance shall be in effect on the date of adoption. Passed this 9th day of November 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Abstained Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST 0 County /Adim-ninistrator Michael L. Bollho er 'o ty Frederick Coun F r-..!-,ED N H 1"E U L L RK, F 1,'1RG1J"..J FOURT :11 1,55 21021,21 PH RUIRM P. HOGAN. Gil-F-RK REU,U'f1'%TEf) BY" KJS Res# 034-22 220013662 PROFFER STATEMENT REZONING: Rz# 0 22 Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 l (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022, October 20, 2022, November 9, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2, but shall be proffered to be restricted to the following uses: • SIC Codes 3271 and 3272 and the corresponding NAICS Code industry classification (Concrete Products, except Block and Brick). 0 • 1.2 The portion of the Property known as Tax Map No. 54-A-11 shall be zoned M2, but shall be proffered to be restricted to the following uses: • Offices and storage facilities for building construction contractors, heavy construction contractors, and special trade contractors (SIC 15, 16, 17 and such other designations for the aforementioned activities and SICs as may be utilized by Frederick County in the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP',). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. 4. Fire and Rescue 4.1 The Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building constructed on the Property. [remainder of page intentionally left blank] 0 0 Respectfully submitted, 11 -1 T /\ STATE/COMMONWEALTH OF t 10� AT LARGE C Y%COLTNTY OF Soli M it: The foregoing instrument was acknowledged before me this _day of 2022, by WWOM106 S. 80)P1n�1P�1'G,�J17 PA Gr f of KSS LC. NO Y P LIC c°60oc00cod.;ecG My commission expires: Registration number: ° REG # 7155256 N n g MY COMMISSION o ° EXPIRES Q o ° 12/31/20.° " °°° ° °Ooa°oa°°(-`�Q-0p0 3 0 E METROMONT LLC By: Its: e � G'✓tg STATE/COMMONWEA��LT�H.OF 4titjA- IATLARGE CITY/COUNTY OF -6 W(,), The �fore �oinfinst ment was acknowle ged before me 2022, by thisq1A day of of METROMONT LLC. My commission expires: n/� Registration number: . /%3 MARGA E THO FMANIC ONNOR PUBL Commonwealth of Virginia Reg. # 7836844 .;y Commission Expires October 31, 2023 0 • THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 ExETER DRIVE, Su1TE200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665.0050 FACSIMILE: (540) 722-4051 October 20, 2022 Roderick B. Williams, Esquire County Attorney County of Frederick, Vi%ima 107 North Kent Street, 3r Floor Winchester, VA 22601 *THOAIAS MOORE LAWSON - TLAIVSON(a)I,SPLC,CONI Re: Melromont Rezoning Our File No. 1477.001 VIA E-MAIL Dear Rod: Following up on our conversation, we have revised Proffer 1.1 to provide that the property that adjoins the existing Shockey property, Cives Steel property and Route 37 shall be zoned M2 but, consistent with what we already represented, shall exclude the specifically identified uses that are by right in the M2 and M1 zones, Furthermore, we revised Proffer 1.2 to provide that the currently zoned B2 property shall be zoned M2 but shall be restricted to the three bulleted uses as requested by Staff and the Supervisor. I trust that with these revisions, we have now addressed comments raised by Staff and the Supervisor. Please review the same with your client and get back to me with any comments. Thank you for your continued assistance and cooperation. I look forward to hearing from you. Very ours, Tho asYtn TML:jk Enclosure cc: Metromont LLC • • PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to InclLlstl-ial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-I I (the "Properties") RECORD OWNERS: KSS, L.C. and Metrolnont LLC (collectivel), "Owner') ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022, October 4-220, 2022 The undersigned Owner hereby proffers that the use and development of the above- rcfcrcnced parcels, which are requested to be rezoned, shall be in strict conformance \\vlth the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent Llh011 1111,11 rezoning ol' the Properties With "final rezoning" defined as that rezoning \vhich is in effect on the clay following the last clay upon which the Frederick County Board of' Supervisors' (the "I3oard") decision granting the rezoning may be contested in the appropriate court. If the I3oarcl's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order af'f7rnling the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The impl-ovclllents proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffcred requirement, Llnless otherwise specified herein. The term "Owner" as referenced herein shall includc \vithln its meaning all fLltllre owners and successors in interest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2. dcc�lspec{-t��i�al i�xltfst�inlen�lal-land-uses e<lnsistct�lFN� N�c� c�xitin�= bitea�t eanc ett rllzillilf�letill-illg f�lc-if+ty located-cln-the-acljc>ini�lt,�l�l pcl-lies-AI]owcd uses currently Linder the M2 district are specifically prol'lcred to be excluded as a principal use as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or frozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, 0 • Leather and leather products, Asbestos products, Primary metal industry, Gas systcnns contract conversion from manufactured to natural gas, Junkyards and automobile graveyards, Manufacturing or wholesaling of'cxplosivcs, Dry cleaning plants, Cesspool cleaning, Coppersnnilhing, Septic tank cicaning service, Sewer cleaning service, and Tinsmithing. Allowed uses currently under the M 1 Clistrict are spec-14ik7illI proffered to be exclucicCI as a principal Use as follows: Canned and cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning plants, Cesspool cleaning, Coppersmithing, Septic lank cicaning service, Sewer cleaning service, and Tlnsn1lthing. 1.2 The portion of. the Property known as Tax Map No. 54-A-1 1 shall be zoned M2 but shall be proffercd to be restricted shall-bc-dc��cJ<�ped ��ritll-in<1ust�i gcnct l 1-anc#-tisc,�s- ee{3 sis;ttilt-��y th-tl�eL-cam:-i�t-iilg-prccz�st-man u-fast-Ei r i ng7-(=ac,�iff�31--Itl�rtcd-c�tl ac]j�l��lrn�{�rc�perties andl�afl bc=rc�st�=ictecl-to the following uses: • Offices and storage facilities for building construction contractors, heavy construction contractors, and special trade contractors (SIC 15, 16, 17 and such other cicslgnatlons for the aforementloncd activities and SICs as may be utilized by Frederick County in the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrcle manufacturing lacility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing nnatl.U-e trees within 100' of its southeastern property line between the Property and the adjoining Wlncllcstcr and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by re(crence as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-II will continue to Use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items I-eClUlred by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 I prof�fcrs to preserve tine existing nnahn•e trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fi-onting on Rt. 522 of the Property shall be used on a restricted basis for 2 Utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. 4. Firc and Rescue 4.1 The Owner proffers to make a one-time payment to Frederick County for the purposes Of fire and rescue services in the amount Of $0.10 per sduarc foot Of any future building constructed on the Property. Iremalnder of page Intentionally left blank] 3 0 • Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was aekno\vleclgccl before me this day of , 2022, by oPKSS LC. My commission expires: Registration number: NOTARY PUBLIC 0 E C7 METROMONT LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNT)' Oh , to -wit: The foregoing instrument was acknowledged belore me this clay of 022, by ol'METROMONT LLC. My commission cxplres: Registration number: NOTARY PUBLIC 5 LEGEND , 1 Irk► �► PROP. INDUSTRIAL 1=3 GENERAL LAND USES EX. METRDMONT M2 C---- TREE SAVE low — — EXISTING STINE LANE °� �� y1 !1 t, ' 1 ���' * •: SCALE �r • .° of S t a LLI Ab JV 71 QL� - •, ,,• , l� t = Re} No D.t. li ♦ �/ ! v 1• .. . Y�iAO V IN r � i ~ � '*Z' °7c•+r. / �`� s.f 1 � `--a� /� � i5� c No 2671 L � ,,•L� ' T • e 2� ` •'• t / �. \.� f / DATE 07-08-2022 SCALE AS NOTED ••� • •/ �\ `��A• { DG4IGHED BY CY/TNA . 'Y" L' �. ' , '•pA-�\\ ME NO 9952HB , l _ r \ _ 1 EXlSiING S/TF ENTRANCES ON NORTH FREDERICK PIKE �'• SHEET 1 OF _ �J � L� h r_ 0 E PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022, October-1-2220, 2022, November 9, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are reclucsted to be rezoned, shall be in strict conformance with the following conclitlons, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon flllal I'CZ.011111g Of the PrOperties with "final rezoning" defined as that rezoning which is in effect on the day following the last clay upon which the Frederick County Board Of Supervisors' (the "Board") cleclsion granting the rezoning may be contested in the appropriate court. If the Board's clecision is contested.. and the Owner elects not to submit development plans until suc11 contest is resolved, the terns rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning Or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to Or including the improvement or other proffered requirement, unless Otllci-wisc specified herein. The term "Owner" as rcferelml herein shall include within its meaning all fuhn'C owners and successors in interest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2, but shall be proffered to be restricted to the 1`611OWin) cIscs: o SIC Codcs 3271 and 3272 and the corresponding NAICS Code industry classification (COI1C1'ClC Products, cxccpt Block and Brick). 1/MEN I PI 1/ MAI 1I � 1 1 I 1.2 The portion of the Property known as Tax Map No. 54-A-11 shall be zoned M2 but shall be proffered to be restricted shall be develei3ed with industrial aenera adjoining properties and shall be rest -ioted to the following uses: • Offices and storage facilities for building construction contractors, heavy construction contractors, and special trade contractors (SIC 15, 16, 17 and such other designations for the aforementioned activities and SICs as may be utilized by Frederick County in the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-II will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2 3. Transportation 3.1 The Owner proffers that the western -most of' the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for Utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. 4. Fire and Rescue 4.1 The Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building conshRucted on the Property. [rcmalnder of�page intentionally left blank] 3 • A. T Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by , of KSS LC. My commission expires: Registration number: NOTARY PUBLIC M METROMONT LLC By: Its: STATE/COMMONWEALTH OF AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknoNvlcdgcd before me this clay of 022, by I of METROMONT LLC. My commission expires: Registration number: NOTARY PUBLIC 5 A • • PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres -F/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022, October 20, 2022, November 9, 2022 The undersigned Owner hereby proffers that the LISe and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following Conditions, which Shall supersecle all other proffers on the Properties that May have been made prior hereto. In the event that the above-referelleecl M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon filial rezoning of the Properties with `final rezoning" defined as that rezoning which Is In effect on the clay following the last clay upon which the Frederick County Board of Supervisors' (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit cevelopment plans Until SLICK Contest Is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, If appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not Control or affect the meaning or be taken as an interpretation of ally provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein Shall Include within its meaning all future owners and SUcccsSorS In iIlterest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be zoned M2, but shall be proffered to be restricted to the following uses: • SIC Codes 3271 and 3272 and the corresponding NAICS Code industry classification (Concrete Products, except Block and Brick). R,V Nas o�,l GIoc,S i 1.2 The portion of the Property known as Tax Map No. 54-A-I 1 shall be zoned M2, but shall be proffered to be restricted to the following uses: • Offices and storage facilities for building construction Contractors, heavy Construction Contractors, and special trade contractors (SIC 15, 16, 17 and such other designations for the aforementioned activities and SICs as may be utilized by Frederick County In the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). Tile Owner of Tax Map No. 54-A-11 will Continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 "File Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated lierein shall be interpreted to reduce or modify any and all items required by Ordinance, inCluding, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day -to -clay operational activities. 4. Fire and Rescue 4.1 The Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building Constructed on the Property. [remainder of page intentionally left blank] I • Respectfully submitted, ucc r C S-T-A-I'E/COMNIONWEALTH OF. AWhl0 , AT LARGE GI'Tr/COUNTY OF CY- , t wit: The foregoing instrument was acknowledged before me this om clay of NO(eMb,0V , 2022, by )Mr).p S. SO)Mbe iVi=ey of KSS LC. NO Al Y P LIC My commission expires: 'iT PIOTAR,( ° Registration number: _ , R=G 7155256 0 •: EXPIRES12131,120 Qe 77d771}11))))9 3 9 NIETRONIONT LLC clez--� By: 0/ ta(J f ,9,�,IC,�,�• Its: ✓ec G --L,f S"I"i\'r1 /COi\,Ii\/IONS\/E/\L'r[-I OF —��' _1�11� AT L,i\RGI. Cl"rY/COUN"I"Y OF _ tC� Cl/�r;t(r- vit: The 10re-oing insiqunno x as acl:no«• ahwd beli)rc nic th 2022. by s day a A42ye_AjAi%' i�-Il:TR0i'VI0N"I" LI.C. -" -10-I-n`RY 1>u[3I.Ic- N'Iv Commission expires: % Registradon number: j% whyl) rd-RWRET HO"MM COi`IiJOR NOTARY PUgU,- :unmon:vea�:li Of Virairna "C.-Omission Expires OclOter 31, 2023 ..�..,., --tom,--,s. •ra-vs,-,L..--,_•D-z —�,9•- • •. l+ •,- �{ 44 46 a:L • + k: 16. q � i' /ir. �" � - \ r � - • , ,'., .ram � � �, h�, l i 1!r sp. • / t e ( N MAW ER D—. 9 XX adffREZT#Qiz 22 VF r �« _ � J :, ✓ L� 0 _ crD�C Winchester t Applicallon ,NORN� I�Cy Parcels DRC�DE 1`f�Of Sewer and Water Service Area 4 a'4 Future Rt 37 Bypass "�NOIR DR CIVE$ IN," 1 1239 CIVES�IN MARTINSBURG +! i PIKE .LJ ts• MARTINSBURG �j**AIIKE 13 MARTIt URGT HOUS I182 rINSSURi' • CM_ mwnnr..aounv 1. 110B PIKE 220 1075 MARTINSBURG PIKE PARK TINSBURG CENTER DR SAKE`1086 MARTINSBURG S' PIKE S URG , TFm 1040,, MARTINSBURG PIKE 265 1008; W BROOKE RD G MARTINSBUP IRG PIP i PIKE • 'At' • RG PIP 31 w eROC 922' MARTINSBURG 186 —PIKE W BROOKE RD 131 ,� W B ROO 3. 209 B!` C gROC BROOKE RD �rg•+rcls7 i ; Eery 4P e pa � eW � a.4 yea _ ARE RD WE- ✓% � � 4! � LENOII DR 2NOIR. DR don S - yam.+y,•.-�� .�.... - , - 210• • GRLUA S J09• �,`Y - a TPa"rr'" ' CIVES•LNI 13 AAS�IL LAUCK DR tea^ 102. _ ... �MARTII IIr•�c' . LAUCK�� lli'CIRO *at L&LW43 291 WIl11AMS CIR FORTRESS DR,,, 103 _ GTpN""pR�LIS/5;� 'LAUCKDR R411 ALACKIOWDER CT . 210 ` 1239 DARl1NG1ON OR r 293 U2 IOIr�� LIVES LN MARTINSBURG S�j- .w jjP1IS0 LAUCK DR 2. FORTRESS UK �CK/OWDER CT PIKE K•DR r M �I263 GTON DR CARPERS DR [1Qa IS2 lRr 3q1 26 * �I31°F,ORTRESSOR MARTINSBURG `= IJJ6 T:Jk !43p �' 392' FORTRESS DR Al15 j. FORTRESS DR _ _ - PIKE' `rIt INGTON DR CARPERS DR ` 2 t , - FORTRESS -DR t _ FULL HOUSE DI �I IL LAUCK DRI• 2<0�1. '� 101 �2V8 ' . 1„ 340� 7a - IAUCK DR -E ' STINE LN 1221 127� ' CARPERS DR 219 • - • CALIBER��FORTRESS DR 399 _ _ fNl'�fnr MARTINSBURG • /LAUCK DR"`I �221 +� FORTRESS DR •+"!s. REpfRlCK CAUCK_DR •E 20 W 370� 1187 PIKE I1I1 �' MARTINSBUI IKE 'S3 PIKE + - 1170 �216 FORTRESS'DR � tOd STINf IN MARTINSBURG FUR fILILN w" -•ham CALIBER CT- •� `r' �j PIKE I I964 FU UUCK•OR t i I59 THOUS vT- )f. 414 -T �� MARTINSBURG MARTINSBURG •LI 154/ •, LIiyP, FORTRESS DR t - s,� w PIKE -.,PIKE V. • PURCEU d, FORTRE�DR 112 FORTRESS DR 1251 VEp�//CI2�.82 4d>1, "9�106fORTItESS DR 15 • ��a� �: /1139 06 MARTINSBURG #MAR1IT182 IUFORTIOSSOR1N SENTIDRPIKE PIKE FORTRESS DR. 100 �215 41136 REVOCK/IKE y506 SENTINEL DSENTINEL / MARTINSBURG PIKE `,1 I17 FORTRESS DR MARTINSBURG 1126 TICK ►URCELL IN LAUC K4DR ,,. INE /MARTINSBURG PIKE 511 - SENTINEL DR - 1108'PIKE L 220 f 1ERI ' a.t FORTRESS DP ��' 219' 1075 MARTINSBURG PIKE PARK N fREDERICK PIKE LI 10, • ' 2S1 670 +MARTINSBURG CENTER DR LAUCK DR • ar ST1NE LN STINE W SDNE LN ��IKE 1086 + 1 MARTINSBURG _ 99f)ry�AW -:_t: • • • • 1057.- • PIKE4 / AUTUMN VIEW I N .?L'_61 A 177 •r 'MARTINSBURG " / FORTRESS DR 217 STINE IN '1 PIKE � N FREDERICK-PPIKE f�. 1132 , 1 SAU I�7 _ • STINE LN MARTINSBURG PIKE - 1173 N FREDERICK ' iy_ NFREDERICK PIKE I ~190� So STINf LN; 265 EW LN PIKE _ ��". W BROOKE RD. 1 ` LEE AVF - I008 140 191 AVE "99S`� MARi1NSBURG� C SCARLET LEE AVE 177 PIKE~ f ' lEE URG U_W,LNMAPLE DR � �•- I011�,� AVE *PIKE • IEW�LN, - �1039 \.•�' +. +, PENNSYLVANIA AVE' 159 �-• • , • 197 { N FREDERICY �] :L- `� la ' LEE AVE 975 BfPc. t ' L -PIKE Id74 1' ^ / STARFORTDR MARTINS 9�RG PIKE • • 54A11 • MARTTINSBUR PIKE WBR6 -tjx s • , M92 ARTINSBURG `9221 - PIKE MARTINSBURG 911 ^PIKE 186 W BROOKE RD • MAPTINSBURG PIKE 131 W BROOK ERD ;r + 3. BROOKOK E RD BROC 259 NFREDERICK PIKE � y. r916i L. N FREDERICK PIKE �i 902, •• • -•� % . BRICK?KILN RD - N FREDERICK 140 RIC PIKE EBRICK KILN RD KILN R 771 d71 r, N KEM ST " 1 46 + , BRICK " F 1 , O _ •��..� / KILN RD �i /i� �:�► 830 !- 43 A 22 STINE �' "• - ENNSVLVANIAIFAVE aIAlOw J 1la !EE'AVE STAR I RTDR SI A 11 • ' f • i+♦ MI •� y MARI 930 4P N FREDERI K SPIKE • 16 N FRfDERICK-PIKE r'•,40, NN�o'�� ► FREDEERIKCK ' 'PIKE.- aRK; `i. EMuwBER RD 37 / g IUSE DI PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-I 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): The undersigned Owner hereby proffers that the use and development of the above- rcferenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of' Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The lmpl-ovelimits proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees within the 100' buffer along its southeastern property Iinc as a screen between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-1 1 Nvill continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-I I proflcrs to preserve the existing mature trees along the eastern boundary of its property (75' from the properly line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder of page intentionally let blank] 2 Respectfully submitted, KSS LC By: Its: STATC/COMMONWEALTI-I OF AT LARGE CITY/COUNTY OF , to -wit: The foregoing insU•ument was aclrnowledgcci before me this day of 2022, by My commission expires: Registration number: _ of KSS LC. NOTARY PUBLIC METRON40NT LLC By: Its: STATE/COMMONWEALTI-I OF AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was aekno«vledged before me this clay of 2022, by My commission expires: Registration number: of METROMONT LLC. NOTARY PUBLIC 0 PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-I I (the "Properties") RECORD OWNERS: KSS LC and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: , 2022 REVISION DATE(S): The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any-RFo-ffe-rcc-l- Bend-44on&-r1=,n",ou-ld pre e, �1r�-,�r + + inb���itl��tate-a+3d�or-lic do rat-}=egulat-ion-S-Aal-1-be-C-0nsidc-red nu44-and void. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature existing —trees within the 100' buffer along its southeastern property line as a screen between the Property and the adjoining Winchester and Western C�-X railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owncr of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-11 proffers to maintain —preserve the existing mature trees along the eastern boundary of its property (75' from the property line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder- of page intentionally left blank] 2 Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTI-I OF AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged bci6re me this day of , 2022, by of KSS LC. NOTARY PUBLIC: My commission expires: Registration number: METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF to -wit: The foregoing instrument was acknowlcdged bclore me this day of 2022, by My commission cxpires: Registration number: of METROMONT LLC. NOTARY PUBLIC 4 METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT - Owl _ f i, r � Tax Parcels 54-A-11 and 43-A-22 Stonewall Magisterial District Frederick County, Virginia August 26, 2022 Current Owner: Metromont ('orporation KSS, LC Contact Person: Christopher Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-6624185 Greenway Engineering Augusl 4, 2022 NIctromont Rezoning METROMONT REZONING COMMERCIAL DEVELOPMENT IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of' assessing the impact on Fredrick County by the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2, Industrial Gcneral District. The subject property includes a 24.72±-acre parcel owned by Metromont Corporation identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00A=-acre parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately west of the City of' Winchester. The North Parccl is adjacent and south of VA Route 37 and north of Stine Lane (sec the Location Exhibit included with this report). The South Parcel and North Parcel are located immediately south and north of Metromont's existing pre -cast concrete manufacturing facility, which occupies approximately 113.29± acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A- 13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2 District. A pre -cast concrete manufacturing lacility is classified under SIC Major Group 32 - Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning will enable inclusion of the subject parcels in the facility's operations (see the Zoning Exhibit included with this report). The South Parcel is currently zoned B-2, Business General District, and is therefore already entitled to develop with general commercial uses. The South Parcel is further served by an existing full movement entrance on North Frederick Pike with dedicated right and Icft turn lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for storage of finished pre -cast concrete product awaiting delivery. File #39521-113 — Impact Analysis statement 2 Grcenway Engineering August 4, 2022 N4etromont Rezoning Site Information Location: The South Parcel (Tax Map #54-A-1 1) fronts on northeast side of North Frederick Pike (U.S. Route 522), immediately west of the City of Winchester. The North Parcel (Tax Map # 43-A-22) fronts on the southwest side of U.S. Route 37 and is north of' Stine Lane. Magisterial District: Stonewall District Tax Map Numbers: 54-A- I I and 43-A-22 Current Zoning: South Parcel, B-2, Business General District North Parcel, RA, Rural Area District Current Use: Undeveloped Proposed Zoning: M-2, Industrial General District with proffers Proposed Use: Concrete Manufacturing (inclusion of subject parcels in existing Metromont facility; intended activities include trailer parking and storage of finisl3cd pre -cast concrete product awaiting delivery to customer sites, and will Further enable relocation of existing facility components to improve operational efficiency) Total Rezoning Area: 44.72±-acres with proffers File F39521-113 — Impact Analysis Statement N Greenway Engineering August 4, 2022 \9c11omonl Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 44.72f-acre subject property is located Nvithin the UDA. Sewer and Watcr Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The entirety of the 44.72±-acre subject property is located within the S\VSA. Comprehensive Plan Conformity The Eastern Frederick County Long Range Land Use Plan applicable to the County's Urban Areas designates the South Parcel for future Business use. The South Parcel is not located within the boundaries of an areas -specific land use plan and has therefore not been considered in the context of a more focused land use study. Given the adjoining manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated for general industrial use, and its development pursuant to the proposed M-2 District aligns with the goals of the Frederick County Comprehensive Plan, notably by promoting the desired ratio of commercial and industrial development to residential and other uses. The North Parcel is located within the study area boundary of the Northeast Frederick Land Use Plan (NELUP). The NELUP is a large -area plan that identifies land uses, transportation networks, and other matters that arc recommended for consideration for future land use and development within this geographic area of' the County. The NELUP designates the North Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY OF THE SITE Access Primary access to the existing Metromont facility occurs via Stine Lane from its intersection with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of North Frederick Pike (U.S. Route 522), and an existing full -movement commercial entrance provides direct vehicular access to the property. Internal access to and from the existing manufacturing facility will occur through the extension of private service drives. The existing North Frederick Pike entrance is currently used by trucks/tractor trailers returning from delivery of finished pre -cast concrete product as well as local suppliers delivering aggregate materials to the facility. Metromont envisions that the existing use of' this entrance will continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on File 09521M — Impact Analysis Statement 4 (irecmm•ay Enginecring August 4, 2022 N4ctromont ►(czoning the southwest side of'U.S. Route 37 and is north of'Stine Lane. Access to the subject property � *Ii occur through the extension of private service drives from the existing facility. Flood Plains The South Parcel contains areas of Iloodplain per FEMA NFIP Map #51069CO208E, Effective Date January 29, 2021. The mapped Iloodplain is depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations. The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The South Parcel contains a stream and wetland areas as identified on the National Wetlands Inventory (NWI) Map information and the Frederick County GIS Database. The mapped stream and wetland areas are depicted on the Natural Features Exhibit included with this report. All such areas will be properly managed at the time of final engineering design in accordance with applicable ordinances and regulations, to include provision of the required riparian buffer. The North Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from Inlormation identified in the Frederick County GIS Database. Soil Types The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 17C — Frederick Poplimento Rock 2 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 17E - Frederick Poplimento Rock 15 to 45 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Pile O3952H13 — Impact Analysis Statement 5 Grcemway I:nglnecring august 4, 2022 Metromom Rezoning 29 — Massanetta loam These soils are described as having a slow filtration rate when thoroughly wct. These consist chiefly of'soils having a layer that impedes the downward movement of water or soils moderately fine texture or fine textures. These soils have a slow rate of water transmission. 35 — Pagcbrook silty clay loam These soils are described as having a very slow infiltration rate (high runoff potential) when wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very slow rate ofwater transmission. The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 14B - Frederick Poplimento loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or cleep, moderately well drained or well chained soils that have moderately fine texture to moderately coarse tcxture. These soils have a moderate rate of water transmission. 14C - Frederick Poplimento loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well chained soils that have moderately fine texture to moderately coarse tcxture. These soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. Thcse soils have a moderate rate of water transmission. 16B - Frederick Poplimento, very rocky loams 7 to 15 percent slopes These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deed or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. File 1139521113 — Impact Analysis Statet11c0t Grccnway 1.nginccring August 4, 2022 Mclromont Rezoning Other Environmental Features The South Parcel contains areas of'stcep slope, lakes or ponds or natural stormwatcr retention areas as defined by the Frederick County Zoning Ordinance. The subject property is also located in the geographic portion of the County that is underlain by karst geology. These environmental features will not constrain development of future M-2 uses and will be managed during final engineering design in accordance with all applicable ordinances and regulations. The North Parcel does not contain areas of' steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. However, like the South Parcel, the subject property is located in the geographic portion of the County that is underlain by karst geology. This environmental feature will not constrain development of future M-2 uses and will be managed during final engineering clesign in accordance with all applicable ordinances and regulations. SURROUNDING PROPERTIES Adjoining property Zoning and present use South Parcel (Tax Map 1154-A-1 1): North: M-2, Industrial General District Use: Industrial/Preserved Open Space B2, Business General District RP, Residential Performance District South: B2, Business General District East: LR, Low Density Residential (City of Winchester) West: B2, Business General District RA, Rural Area District Use: Residential Use: Railroad/Residential Use: Undeveloped Adjoining property zoning and present use North Parcel (Tax Map 1143-A-22): North: RA, Rural Areas District South: M-2, Industrial General District East: M-1, Light Industrial District West: M-2, Industrial General District Use: Residential Use: Industrial Use: Industrial Use: Undeveloped pile 839521113 — Impact Analysis Statement 7 (ireenway Fnginccring August d, 2022 N9e11-onwnt Rezoning TRANSPORTATION The proposed rezoning xvill enable increased land area for operation of the existing facility, primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned acreage will also provide Metromont greater flexibility in the configuration of' the facility's existing components, enabling complementary elements to be moved in proximity of each other, which will enhance overall operational efficiency. However, the proposed rezoning will not result in any intensification of traffic generated by the facility, as it will generally maintain existing production capacity, employee counts, and delivery schedules, which are Ultimately driven by prevailing market conditions. As outlined previously, primary vehicular access to the existing Mctromont facility occurs via Stine Lane, which is a private access casement road that extends to the site from its intersection with Martinsburg Pike (U.S. Route 11). Additionally, the South Parcel has an existing full movement entrance on North Frederick Pike (U.S. Route 522) with dedicated right and left turn lanes, which is currently used by local suppliers for delivery of aggregate materials to the facility as well as tl-ucl<s rctu-ning to the facility following delivery of finished product to customer locations. These existing entrances will continue to be provide vehicular access to the facility consistent with current practices. Vehicular access between the multiple parcels comprising the existing facility occurs via a network of internal private travel ways, which already interconnect with the South Parcel and will be extended to the North Parcel. Based on the conditions described above, the proposed rezoning will not have any measurable impact on the external road network serving the subject property. SEWAGE CONVEYANCE AND TREATMENT As previously stated, both the South Parcel and North Parcel are located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of' public sewer service within this area of the County. The activities proposed by Mctromont for these parcels (e.g., trailer parking, outdoor storage, relocation of cxisting facility components) does not require new sewer connectivity. WATER SUPPLY As previously stated, both the South Parcel and North Parcel arc located wholly within the Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. The activities proposed by Mctromont far these parcels (e.g., trailer parking, outdoor storage, relocation of cxisting facility components) does not require new water connectivity. Filc 039521-113 — Impact Analysis Statement 8 Grcemeay Engineering August d, 2022 NIch'omont Rezoning SITE DRAINAGE Topographic relicfon the South Parcel generally follows a southwest to northeast pattern that directs drainage towards the rear of the property. A complete stormwatcr management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwatcr management Impacts to adjoining properties and the community will be mitigated. Topographic relief on the North Parcel generally follows a west to east pattern which directs drainage towards the east side of the property. A complete stormwatcr management plan will be designed at the time of final eng►necr►ng design. All associated stormwatcr quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwatcr management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The South Property is indicated by Virginia Department of Historic Resources (DHR) and Frederick County GIS records as containing a resource identified as Liberty Hall (DI-IR ID 034-0524). This dwelling was surveyed in 1989 (survey record attache(l) and is described as an example of the Italianate style of architecture by the Rural Lumhncnrks Survey Report cif Frederick County, Virginia (Ph(Ises 1-111, 1988-1992). The dwelling itself no longer exists on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S. Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory structure, which appears to be more than 50 years old, but otherwise does not have any historical or architectural significance. To the northwest of the South Parccl is a preserved Civil War resource known as Star Fort (DI-IR ID 034-0322) and the adjoining Star Fort 2 tract (DI-IR ID 034-5023). Star Fort played a role in both the Second Battle of' Winchester and Third Battle of Winchester (Opequon) and is within the study areas of each battlefield. The site has been preserved as a battlefield park open to the public that is owned and maintained by Shenandoah Valley Battlefields Foundation. The site is largely wooded but has cleared areas for public access/walking. The existing Metromont facility is in the viewshed of these resources, as are other areas of suburban style development. As noted previously, the South Parcel is already entitled to develop under the B-2 District, and rezoning to the M-2 District is therefore consistent Nvith development expectations for the area adjoining the Star Fort sites. The South Parcel and North Parcel are located within the study areas of the Third Battle of Winchester and Second Battle of' Winchester study areas, respectively, as identified by the National Park Service Study ol'Civil I,Var Sites in the Shenandoah Valley. The South Parcel is within the core area of the Third Battle of Wincl3cster battlefield, and both parcels are outside but adjacent to the core area of' the Second Battle of Winchester battlefield. However, the NPS Study indicates that the subject parcels are within portions of the study areas that have Pile #39521113 — Impact Analysis Statement 9 Greenway Engincering August d, 2022 N9etrumont Rezoning lost historic integrity due to existir3g clevelopment patterns. As such, the proposed M-2 rezoning will not create any negative impacts to identified resources. File 1139521113 — Impact Analysis Slalemcnt 10 V D r 54A14 54Al2 43 A 22 54 54A13 h 54A15��54A17 54 A 11 10, 0 ST,4 t�A f� JL GL•ENTAWBER•RD GLENTAW13ER Ro - 7 RT37S RT 37. N G�� s g � R�VFN�EC _ Ca SE Q O NTRY �— c�gR��l / CT y— 54A14 OR C Ge CO O I } / p .i 4 Legend i Proposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits Future Proposed Rt37 Bypass Railroads J 54Al2 43 A 22 54 L1V54A 13 LU \ Q- ..764 aa`, �FFgV / 54A11 Go �OST'9 0 z r f NTAWBER'RD'"' GLENTAWBERRD RT.37.S RT 37 N �' p0 1� „O r— \ C) 43A22 `01 Leo 1'�0 10 m o Q 0 SENTRY V/< 2 C T 54 A 14 F,Q w FR- �� 2 832 CT p LL VP �� Q v 54 A 15 721 v �Q 4z. v 52 0 r p Q 4 2 0 RT cu Al 54 A 13 OQ ,� y 54A15A 54A17 � 52 / J�2 54 A 12 W o Legend �GP�� _ — 764 w Proposed M2 Parcels q VF Metromont Existing M2 Parcels 54A11 OSIgR _ _ J Winchester Limits o �r 90 i 0+1 1 z Z _-----GL-ENTAW BER-RD GLEN TAW 13ER RD a �S G\� co CG R C4,q � IDP RT 37_S- s 9�G O SENTRY w Cr o 4 — RT 37 N 54A14 54Al2 6v 2 54 A 13 co- 54A1 43 A 22 54 A 17 / 764 C. A 44 1480 Commerce Pais: Drive, Suite 450 Reston, VA 20191 .f &ASSOCIATES P 703.885.8970 August 10, 2022 Project## 27884 To: Timothy Rhodes — Land Development Engineer VDOT Edinburg Residency 14031 Old Valley Pike, Edinburg, VA 22824 From: Andrew Butsick, P.E.; John Callow CC: Thomas Moore Lawson, Esquire — Thomas Moore Lawson, P.C. RE: Metromont Corporation Rezoning Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the potential transportation -related impacts of the proposed Metromoni Corporation Rezoning in Frederick County, Virginia. The site, located along Stine Lane, is shown in Attachment A. The existing Metromont site (Tax Map Parcels 54-A-12, 54-A-13, 54-A-14, 54-A-15, 54-A-15A, and 54-A 17) consists of 113.29 acres of M-2 (General Industrial) occupied by a precast concrete plant and associated storage yard. The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning two adjacent parcels (Tax Map Parcels 54-A-1 1 and 43-A-22) from B2 (General Business) and RA (Rural Area) to M2 to match the current site. These two additional parcels, which represent an additional 44.74 acres, would be used for additional storage to help improve on -site circulation. They are not intended to expand or augment current operations, and as such, the rezoning would not result in an increased frequency of off -site vehicular trips to the adjacent roadway network. Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike). Therefore, as proposed as part of this rezoning, no changes are anticipated to the operational and safety performance of the adjacent roadway network. The subsequent sections of this memorandum provide additional information regarding the current and proposed operations of the site. Site Access The existing Metromont site is served by three access points: • One full -movement entrance on Stine Lane • One full -movement entrance on US 522 (North Frederick Pike) • One right -in, right -out entrance on US 522 The full -movement entrance on Stine Lane serves as the primary point of ingress and egress for employees, incoming materials delivery, and outgoing deliveries of finished products trips. A small percentage of employees and incoming deliveries utilize the full -movement entrance on US 522 based on the origin of Kittelson & Associates, Inc. August 10, 2022 toehomont Corporation Rezoning Page 2 Transportation Assessment their trip. All outgoing deliveries, including permitted loads through VDOT, utilize the full -movement entrance on Stine Lane to access US 11 (Martinsburg Pike) and 1-81 to the east. With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the rezoned and existing property will remain at the existing three access points. Site Trips and Operations Existing trips to and from the site can be characterized in three categories: • Employees: The existing site employs 377 workers, who are split across two shifts Monday through Friday. Approximately 77 of these employees are temporary workers who are housed in local hotels and carpool to and from the site. • Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement, aggregate, and sand per day for processing in the concrete plant. • Finished Product Deliveries: An average of 60 loads of finished product exit the site each day. The vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT. The majority of these trips use the full -movement access on Stine Lane via US-1 1, while a small percentage use the full -movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522. As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or outgoing deliveries of finished product are anticipated. Additionally, no changes to the distribution of site - trips between the three entrances are expected. Therefore, no changes to off -site operational performance are anticipated with the proposed rezoning. Safetv Performance To evaluate the existing safety performance of the site entrances after the proposed rezoning, the most recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site entrances. The crash data was obtained from VDOT's Pathways for Planning tool (Reference 1). Figure 1 illustrates the crash types occurring within close proximity to the site entrances, white Figure 2 illustrates the severity by intersection. Attachment B contains the crash history data obtained from the Pathways for Planning Portal. Kittelson & Associates, Inc. August 10, 2022 Metromont Corporation Rezoning Figure 1. Crash History near Metromont Corporation Rezoning site (January 2019 -December 2021) SI •� SITE ':� 4. • p . •1• Page 3 Transportation Assessment 0 t 4 Kittelson & Associates, Inc. August 10, 2022 Page 4 Metromont Corporation Rezoning Transportation Assessment Figure 2. Crash Severity near Metromont Corporation Rezoning site (January 2019 -December 2021) 3 2 0 ■ Fc1tal ■ Injury P D C" No crashes reported 1 /Stiri� L.C:ne US 522/Full-Movement US 522/Right-in, Right -Out Entrance Entrance As shown, a single crash was reported at the US 1 1 /Stine Lane intersection during the three-year study period. The angle crash occurred between a tractor -trailer attempting a left -turn out of Stine Lane and a northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in traffic on US 11, resulting in the property damage only crash. The crash does not appear to be related to insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample sight lines in either direction on US 11 given the relatively linear alignment in this segment. The Stine Lane approach serves multiple industrial uses along Stine Lane. A single crash was reported near the right-in/right-out entrance on US 522; however, the head-on collision does not appear to be related to the site entrance. The injury crash occurred when a souhbound passenger vehicle crossed over the centerline and struck a northbound passenger vehicle. No crashes were reported during the three-year study period at the full -movement entrance on US 522. Given no increase in the frequency or nature of site -related trips are projected with the rezoning of the Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a result of the proposed rezoning. Conclusions The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips generated by the site or changes in site access relative to existing conditions. The rezoned parcels will serve as additional storage for existing (not augmented or expanded) operations. As such, the existing transportation network can adequately accommodate the proposed rezoning. References Virginia Department of Transportation. Pathways for Planning Portal. Accessed July 21, 2022: https://vdotp4p.com/vie Kittelson & Associates. Inc. DOCUMENT_NBR CRASH_DT CRASH—MILITARYTM COLLISION —TYPE DRIVER ACTION_TYPE CD DRIVE R_INIURYTYPE RTE_NM 193055255 2019-10-31 110413. Head On 37. Other;1. No Improper Action PDO;8 R-VA US00522NB 200495313 2020-02-171 105712. Angle 11. No Improper Action;22. Disregarded Stop or Yield Sign PDO;PDO R-VA US00011NB LEGEND PROP. INDUSTRIAL GENERAL LAND USES EX. MErROMONT A42 TREE SAVE EXISTING STINE LANE 200 0 200 400 SCALE 1- . 200' cm- 7 em"An 84MVEMmffg mw BVrR4ACF COUNTY of FREDERICK DeparUncnt ol' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 25, 2022 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.O Box 2740 Winchester, VA 22604 RE: Request for Historic Resources Advisory Board (HRAB) Comments Metromont Rezoning Application Zoning: RA (Rural Areas) District Property Identification Numbers (PINS): 54-A-11 & 43-A-22 Magisterial District: Stonewall Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their meeting on July 19, 2022. This application seeks to rezone two parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike (Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion of the existing Metromont pre -cast concrete facility. Following their review of this application, the HRAB recommended the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB recommended the applicant consider leaving buffers along the northwestern edge of the southern parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a historic resource. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, 99-11- Wyatt Pearson, AICP Director of Planning & Development WG P/pd cc: Gary Crawford, HRAB Chairman Tyler Klein, Frederick County Senior Planner 107 North Kent Street, Suite 202 • Winchestcr, Virginia 22601-5000 HL:.t.,,1--1 V e-w-,A Rezoning Comments Ail(,, 10 ?V? r- I (,.,d r ua. C:uunty Public: Works & InspeGtiM Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current zoning: B2 and Ra Zoning requested: M2 Acreage: 44.72 Department of Public Works Comments: Ae 0 Garn w, et,, a 4-h /I r�-r Public Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments RECEIVED AUG I 0 2qj 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. Applicants Name: Greenway Engineering, Inc. Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 980 North Frederick Pike, immediately west of City of Winchester and immediately south of VA Route 37 and north of Stine Lane Current zoning: B2 and Ra Fire Marshal's Comments: Fire Marshal's Signature & Date: Zoning requested: M2 Acreage: 44.72 V,/8--aZ 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 Shockey Precast, a Metromont Company 219 Stine Ln Winchester, Virginia 22603 Phone: 540-401-0101 Engineering Firm : Greenway Engineering Received Date: 08/10/2022 Review Begin Date: 08/18/2022 Review End Date: 08/18/2022 Hours: 1.0000 Occupancy Type: Property Use: Activity Number: Review Cause: Project Name Metromont Rezoning Comments: No comments. 401ilm Adam Hounshell Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 08/18/2022 Manufacturing Manufacturing j 1081063 Application Page 1 of 1 From: Eric R. Lawrence To: Chris Mohn Subject: Metromont Rezoning agency review comment Date: Friday, August 19, 2022 1:57:16 PM Chris, Thank you for providing Frederick Water the opportunity to provide comment on the Metromont Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to rezone two properties (PIM ##43-A-22 and 54-A-11) to the Industrial General (M2) Zoning District. The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy may utilize Frederick Water's public water and sewer services. The application states that connection to and use of the water and sewer services is not required, and similarly does not provide any water and sewer demand projections. Because the application does not require, nor propose to, use the water and sewer services, Frederick Water provides no guarantees nor assurances that public water and sewer services and its capacities are available for use on the property. Should the properties elect in the future to connect to Frederick Water's water and sewer services, the property owner, at their costs, will need to demonstrate that adequate capacities are available and facilitate the extension of water and sewer services to the site. Thank you. Eric Lawrence Eric Lawrence Executive Director 61 FREDERICK � 540-868-1061 x117 WATER m elawrence@frederickwater.com G 315Tasker Rd, Stephens City, VA 22655 Chris Mohn From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, August 26, 2022 1:10 PM To: Chris Mohn Cc: David Stewart; Tyler Klein; Wyatt Pearson Subject: RE: Metromont Rezoning - Frederick County Chris, I did receive the rezoning application on August 10"' for City commenting and did conduct a brief review of the proposal. I do have concerns with the rezoning given the close proximity of some low, medium and high density residentially zoned and developed City neighborhoods in relatively close proximity to the subject tract. I noticed in the Impact Analysis Statement that it states on p. 2 that "Metromont intends to use the parcel for trailer parking and miscellaneous outdoor storage." On p.3 it states that the intended activities include trailer parking and storage of finished pre -cast concrete product..." I also noticed that, in the Proffer Statement, it states in 1.1 "The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties." I don't believe that the statements of intent contained in the Impact Analysis provide much assurance as to what could occur on the property long term versus what the current owner intends to do. Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast concrete manufacturing operations arising from this rezoning. I believe that the proffered 100' wide dimensional buffer and obligation to preserve the mature existing deciduous trees within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product storage (assuming that spillage of site lighting is mitigated with year-round screening). I do not believe that it would be a sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier and perhaps taller manufacturing operations such as what appears in the two images below could be allowed. - Ad z I would also note that mature trees do eventually die off or get destroyed during natural weather events despite best efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods? One other observation with regard to the 100' wide buffer adjacent to the CSX RR right-of-way that I would bring to your attention is that there are not many mature trees within the 100' wide swath as scaled out from GIS mapping in the scanned map image below for the portion of the tract adjoining the homes ranging from 909-1007 Pennsylvania Avenue in the City. This is where an existing unimproved roadway traverses the site approximately 50' away from the RR right- of-way and thus few or no existing matures trees within about half of the proposed 100' wide buffer area. Some of the existing matures trees appear to be within the 60' wide CSX right-of-way where Metromont would have no authority to preserve the trees. Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear feet) north of where the City's Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance reads: 'This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access corridors leading into the designated local and national Historic Winchester (HW) District. Such entryways warrant special attention and controls because they promote the general welfare of the community by attracting visitors and generating business through heritage tourism -based economic development. Enhancement will occur through regulation and guidance of site development including, but not limited to: sidewalks, off-street parking, signage, landscaping, mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken 3 wall planes, facade enhancements, and porches, thereby enhancing the overall appearance of the corridor, while improving access along the corridor through increased walkability and in terconnectivity." While the City's recognizes that there are no extraterritorial provisions associated with City zoning designations that would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as viewed from the Rte 522 public right-of-way in conjunction with this request beyond what might otherwise be the minimum requirements of properties zoned M-2 in Frederick County. I did not see under Section 2 of the proffer statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts along the property frontage. Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was hoping to be able to discuss this with our City Planning Commission at the Commission's work session on September 6th. Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief conversation with one of them about this. I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly attributable to the proposed rezoning of these properties. Thank you, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email: timothy.youmansO)winchesterva.gov urine P-ster-D �����v.winchesteiva.gov/planning From: Timothy Rhodes <timothy.rhodes@vdot.virginia.gov> Sent: Thursday, August 25, 2022 9:19 AM To: John Bishop Cc: Rhonda Funkhouser; Chris Mohn; Johnson, Joseph; Lineberry, Jeffery Subject: Metromont Rezoning John, We have completed our review of the rezoning application and associated transportation assessments and traffic impact statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning, it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522 in the June 30`" email below. The Traffic Assessment prepared by Kittleson & Associates, dated August 10, 2022, is advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We encourage the county to take this into consideration as part of this land use decision. Please let me know if you have any questions or would like to discuss. Thank you, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 From: To: Chris Mohn Cc: Rhonda Funkhouser; John Bishop; Matthew Smith; Lineberry. Jeffery Subject: Metromont Follow -Up Date: Thursday, June 30, 2022 12:44:36 PM Chris, As a follow-up to Tuesday's meeting, VDOT staff has discussed the proposal and does not feel a full blown TIA would be needed for this rezoning. We believe a limited scope traffic analysis would be appropriate. Some items necessary for review would be as follows: • Please show the difference in trip generation with the proposed rezoning. • Please provide anticipated volumes and graphics to show the movements. • An entrance and safety operations analysis should be provided. • We recommend the secondary access on Rte. 522 be closed. This is the northernmost entrance and is located within the taper limits. This location also currently has large concrete blocks in the area of the guardrail, alongside of the road. These blocks need to be moved away from this area, outside of the clear zone. Please provide this information back to me for review. If you have any questions, please feel free to give me a call. Thanks, Timothy Rhodes VDOT—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-534-3206 ! o oe complerea by rrannurg stajj: Zoning Amendment Number Date Received Vee Amount Yaia Anticipated PC Hearing Date Anticipated BOS Hearing Date REZONING APPLICATION I+REDERICK COUNTY, VA DEPARTMENT Or PLANNING & DEVELOPMENT I. Property Owner(s) (please attach additional page(s) if more than hvo owners): Name: Metromont LLC Specific Contact Person if Other than Above: Chris Pastorius Address: P.O. Box 2486, Greensville, SC 29602 Telephone: 540-665-3239 Name: KSS, L.C. Email cpastorius@metromont.com Specific Contact Person if Other than Above: Katherine Solenberger Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323- 0221 Email: ksolenberger17@gmail.com 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 Address: P.O. Box 2740, Winchester, VA 22604 Telephone: 540-665-0050 Ernail: 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 finn or person such authority. 4. Project Name (if any): Metromont Rezoning 5. Property Information: a. Property Identification Number(s): 54-A-11 and 43-A-22 b. Total acreage of the parcel(s): 44.72+/- c. Total acreage of parcel(s) to be rezoned (if other than whole parcels) is being rezoned): 44.72+/- d. Current zoning designation(s) and acreage(s) in each designation: (54-A-11, B-2, 24.72) (43-A-22, RA, 20.00) e. Proposed zoning designation(s) and acreage(s) in each designation: 54-A-11, M2, 24.72) (43-A-22, M2, 20.00 f. Magisterial District(s): Stonewall 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): 980 North Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane h. Adjoining Properties: Parcel Ill Number Use Zonin See attached 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. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Metromont LLQ Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605 KSS, L.C.: Katherin Solenberger; P.O. Box 1901, Winchester, VA 22604 Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ® Location Map IN Plat Depicting Metes/Bounds of Proposed 'Zoning ® Impact Analysis Statement ® Proffer Statement (if any) ® Agency Comments Fee ® Copies of Deed(s) to Property(ies) ® Tax Payment Verification ® Digital copies (pdt's) of all submitted items 14 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. Owner: _ __ Date If signing on behalf of an entity, please state name of entity and your title: � Owner: Date '7 If signing If ;oran entity, p ease 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. 15 FREDERICK COUNTY ADJOINERS LABEL TAX MAP N OWNER NAME 1 43 A 55A CIVES CORPORATION 3 54 A 14 METROMONT CORPORATION 4 54 A 15 METROMONT CORPORATION 5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 30 54 A 10 SLIWINSKI HENRY F 31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 32 53 A 60 SREIT AUTUMN WIND LLC 33 54 A 12 METROMONT CORPORATION 34 45 A 1 SHENANDOAH VALLEY BATTLEFIELDS CITY OF WINCHESTER ROUSS CITY HALL ATTN TIM YOUMANS 43-A-28A STEPHEN PHILLIP WILLIAMS LLC 43-A-23 OSCAR JENKINS 43-A-26A BROWNING-FERRIS INDUSTRIES 43-A-21 HORIZON STONEWALL 4A OWNER LLC MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 210 CIVES LN WINCHESTER VA 22603 PO BOX 2486 GREENVILLE Sc 29602 PO BOX 2486 GREENVILLE SC 29602 3724 LINDA LN ANNADALE VA 22003 942 N FREDERICK PIKE WINCHESTER VA 22603 801 FAIRMONT AVE WINCHESTER VA 22601 591 PUTNAM AVE GREENWICH CT 6830 PO BOX 2486 GREENVILLE SC 29602 PO BOX 897 NEW MARKET VA 22844 15 N CAMERON ST WINCHESTER VA 22601 PO BOX2556 WINCHESTER VA 22604 425 LENOIR DR WINCHESTER VA 22603 PO BOX 29246 PHOENIX AZ 35038 3343 WESTCHESTER PIKE NEWTOWN SQUARE PA 19073 CITY OF WINCHESTER ADJOINERS LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 6 114-01-130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01-129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01-127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601 10 114-01-126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625 11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01-122 DAVE HOLLIDAY RENTALS 120 W JUBAL EARLY DR, STE 10 WINCHESTER VA 22601 15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07-118 RILEY SAMMY L 1R 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07-117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06-19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06-18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601 24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06-15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601 27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06-10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www Ava.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: Metromont LLC Name of Property Owncr/Applicant Please note: If the property owner/applicant is at 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. P.O. Box 2486, Greeneville, SC 29602 540.665-3238 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: 54-A-11 do hereby make, constitute, and appoint: Thomas Moore Lawson, P.C. Name of Attorney -In -Fact P.O. Box 2740, Winchester, VA 22604 Mailing Address of Attorney -In -Fact 540.885.0050 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: Q✓ Rezoning in , Subdivision ❑ Conditional Use Permit U 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 resc' n di , it. Signature Title (if signing on to o an entity V_� ...( �_ _......_ State of _,(Ml ICx , County/Guit=y of,. Fr prlc. __.__._______ , To wit: 1, Absw - D(?et)_, 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 the in the 'urisdiction aforesaid this I `} day of :Z , 20� MyCominission Expires: �b j Notary Public ���`' ON�, Registration Number:�i:�l .,....�0� P,• 't'OTARY-' PUBLIC REG # 324329 • U • r-ArlKtb �'•, 1013 V20 O 4 •� �•i e ) Y u nF �� 4�>< COGS Special Limited Power of Attorney o County of Frederick, Virginia Frederick Planning Website: Nvww.feva.us .ti It 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: Metromont LLC Name of property Owner/Applicant Neasc note. If Ilse property owner/applicant is an entity. the name of the entity should appear above. If muhiple persons own the property or are applicants. an executed power of attorney from each omicr will be needed. P.O. Box 2486, Greensville. SC 29602 540.665.3239 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: 54-A-11 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill lane, Winchester, VA 22602 Mailing Address ofAltonicy-In-fact 540-662.4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followifor the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit ✓ Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as 1 otherwise resci r modi Signature, 1-J Title (if signing on behalf of an entity) State of II^D�lrml - • County/eitrof Ei('t' prl(.I - Jo wit: I, t[ I `�;r'1 �• i��y _ _ _ _ �_, 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 ie before me in the 'urisdiction aforesaid this I `L" day of �( L01 _ _ , 20`1r \4y Commission Expires: - Notary Public �04%\g0N r '��, Registration Number: 311-13WI n1orA y PUBLIC REG # 3243 �9 . a .nury . . EXPIRES 7,. 10/31/20 COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www Ava.us N 1/31 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Prone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That-. KSS, L.C. Name of Property Owner/Applicant PIcase note: If the property owner/applicant is an entity, the name oft lie entity should appear above, If multiple persons own the property or are applicants, an executed power oral (orncy from cacti owner will be needed P.O. Box 1901 Winchoster, VA 22604 540-323.0221 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: 43-A-22 do hereby make, constitute, and appoint: Greenway Engineering, Inc, Name of Attorney -In -Fact 151 Windy Hill Lane, Winchester, VA 22602 540-662.4185 Mailing Address of Attomey-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 T would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: R✓ Rezoning Subdivision Conditional Use Permit ✓ Site Tian 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 ar from the day that it is signed, or at such sooner time as I otherwise resci or modify it. Signature 11 Title (if sigl i 1g on bel if of n entity) 0AW/— SSGC State of VIro(n (a. , County/city of Frt'&, fcr- , To wit: n l�J a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before tile and has acknowledged the s Inc before mein the jurisdiction aforesaid this �day of ,h, 209 10111", My Commission Expires:. N Q�"\� ••..,Y 3 Registration Number: �� { a ••'•NOTAR�'•,� P11 LIC REG 324329 n ; h1Y COWLSSION ? 10/31/23 �� ��x Apo Special Limited Power of Attorney o ti� County of Frederick, Virginia Frederick Planning Website: www.fcvams Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: KSS, L.C. Name of Property Otvner/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 front each owner will be needed. P.O. Boa 1901 Wrichester, VA 22604 540.323.0221 Mailing Address of Property Owner/Applicant Telephone Numbcr 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: do hereby make, constitute, and appoint: Thomas Moore Lawson, PC. 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, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: �-1 Rezoning Subdivision Conditional Use Permit ✓ Site Plan Master Development Plan (prelim, or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one yea • r lie day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature s�tn Title (if signi g on era et y) State of Jl1� tr( lA, , County/Gity of t V- toU f' i c �, To wit: I, ILIA con T. a) W _, 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 me in tile jurisdiction aforesaid this _.{ `'t day of , My Commission Expires: 6 I T `'i _ Notary Pubic `,� , ••'••. b0 Registration Number: .It•1 . ^ P P.•' NOTARI' '. PUBLIC REG # 324329 . &IY COMh1:— -SSI0N ' 1y ', 10131123v O''•...... '' 'h " '%,"'Z�A LTH OFF• $1,0111111/11', Ii:J�n�:.ui�mc 1'redcI ick C OL111tj V11Y1111-1 111 .0 tltt Pay/Lookup 'saxes P,opc tty re'll [ t'lte [i-_)y VI( l,dion hri I',r/uu nl; Shoppinrl( ill t.0) Pin Options C h,:cctc• E �n,til Inquiry of Real Estate Map Number: 54 A 11 View Map Name: METROMONT CORPORATION �.\ccaunt�' UcpiIic6ct:- ticlt; I)ue I)ulc I>rriilc�l lufurmatinu 1('licl. Bclu��) .\mount Uuc VicwBill Vice, Back of Bill 9015252 RE2021 27710 1 6/7/2021 2021 REAI, ESTX1'E Sn.00 ViewBill View Back of Bill 8015252 RI_-2021 27710 2 12/6/2021 2021 REAI, I?STATE. S0.00 Vic\vBill View Back of Bill 8015252 RI-2022 27179 1 6/6/2022 2022 REAL FSTSIT S0.00 8015252 RI-2022 27179 2 12/5/2022 2022 REAI. FSTATE $4,527.42 Total Due: $4,527.42 Relurn to Search Id, 10.ii I'I-CdcriCk. C oullty V11,01111Cl l�rr,it im To,, 11"Ay/Lookup Taxes -- , nr�i; � •.;snit f'euv,n,il I'inlxvty f:cal L,t.rtt Do(] 11.11 iIm Vtolkitlnn Uthcv ["Iy1m.1 <, Shoppiwjcmt(0) Pin Option', Chancx� [mail Inquiry of Real Estate Map Number: 43 A 22 View Mall Name: KSS LC k ccUU fit;! n(1w; Iicket:: Sc,i;; uric t):It(. t)C1:111 Vd to turn,:,t i, ii, ( Iicl, It CIO \N) .\mount 1)11c - ViewBill View Back ofBill 9008520 RE2021 13490 1 6/7/2021 2021 REAL ES'1'A"1TE SO.00 Vies+Bill Vida Back of Bill 8008520 RI-2021 13490 2 12/6/2021 2021 REAL 1?STA'I'I? SO.00 ViewBill View Back of Rill 8008520 RL'2022 22179 1 6/6/2022 2022 REAI, FS"I'A'1'E SO.00 8008520 RI-12022 22179 2 12/5/2022 2022 REAL {?S"I'A'1'li $19.82 Total Due: $19.82 Return to Search c 210021532 13 MIX #- I M, i� W CERTIFICATE OF FACT l Certfty the Follrnving from the Records of the Commission: The records of this office show on November 23, 2027, MM Stine Lane, LLC, a South Carolina limited liability company registered to transact business in Virginia, filed in the Offlce of -'the Secretary of State of South Carolina, articles of merger, merging MM Stine Lane, LLC into METROMONT CORPORATION, a South Carolina corporation registered to transact business in Virginia, a duly authenticated copy wasJiled in the Clerk's Of ce of the Commission on December 9, 2021. Nothing more is hereby certf ed. Signed and Sealed at Richmond on this Date: December 20, 2021 Berrutr J. Logan, Clerk o t e Commission VIRGINIA: M- F-DERICK COUNTY, SCI'. This instrument of writing was produced to me on go P n and with certificate of acknowli;dgement thereto annexed was /admitted to record. Tax imposed by Sea 5£i-1-802 of 5 _LYL_ , and 58.1-801 have been paid, if assessable 4mmaiiimk CERTIFICATE NUMBER: 2021122016694804 U S c F- g = c N o U9� -- �•gOOO V � `� THIS DEED made and dated this 31 'day of January, 2018, by and between SHOCKEY BROS., INC. (aka Shockey Brothers, Inc.), a Virginia corporation, party of the first part, hereinafter Grantor, and MM STINE LANE. I.LC , a South Carolina limited liability company, party of the second part, hereinafter Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with Special Warranty of title, unto the Grantee, all of its right, title and interest in and to those certain parcels of land, together with improvements thereon and all rights, rights of way and appurtenances thercunto belonging, situate in Stonewall Magisterial District, Frederick County, Virginia, more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all casements, restrictions and conditions of record and containcd in the deeds forming the chain of title to the alwve-described property provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. C C. WITNESS the following signature mid seal: Shoc:key Bros. Y= 3J P B (SEAL) J. D hoc . Jr., an COMMONWEALTH OF VIRGINIA CITY OF VITINCHESTER., to -wit: The foregoing instrument was acknowledged before me this 31 `t day of January, 2018, by J. Donald Shockey, Jr., his capacity as Chairmt o Shookey IIros, Inc., a Vir inia corporation. � My Commission expi 91 a OCR Notary Registration No.: This Deed Prepared by: H. Edmunds Colcrrwn, III, Esq. VSB #15449 Bryan & Coleman, PLC 118 South Braddock Street Winchester, VA 22601 Tel: (540) 545-4172 1-:\Slwckey Bros to MM Stina\Deec1 (anal) 1-31-18.ckn 2 Do,-9" L. Thomas Notary PubilG C,,,,,nWgetth of Virginia P400. 0130068 µy uornrniselon expiros Au{7ust37 kotq EXI M]rlf A PARCEL ONE: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 24.7426 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Lester A. Elliott, Jr. Estate and Lester A. Elliott, Jr. Estate & Carlin L. Smith, Et Ux" dated June 9, 1995, prepared by S. W. Marsh, L.S., attached to and recorded with that certain Deed dated June 23, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 841, at Page 1576; AND BEING the same property conveyed to Shockey taros., Inc., a Virginia corporation, by Deed dated June 23, 1995 from Carlin L. Smith, individually and as Executor under the Will of Lester A. Elliott, Jr., Deceased, and Georgie E. Smith, his wife, and Georgie E. Smith, Lynn E. Reed, Lester A. Elliott, III, Aubrey C. Hall, Ili and Holly S. Nichols, formerly known as Holly S. Hall, beneficiaries of the Estate under the Will of Lester A. Elliott, Jr., deceased, recorded in the aforesaid Clerk's Office in Deed Book 841, at Page 1576. TMP No. 54-A-11 980 N Frederick Pike Winchester, VA 22603 PARCEL TWO: All of that certain tract or parcel of land, together with the improvemenis thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 27.192 acres, more or less, as described in the "Area Tabulation" on that certain Final Plat for Boundary Line Adjustment Between the Lands of Shockey Bros., Inc., prepared by Greenway, Inc, dated July 25, 1995, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 843, at Page 130, and being an aggregate of the 26.5102 acres, as shown on that certain plat and survey of R.M. Bartenstein & Associates dated May 21, 1964, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 304, at Page 579, and more particularly described as Parcel 4 and a portion of Parcel 4A on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING all of Parcel One and part of Parcel Two that were conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 583. TMP 54 A 12 217 Stine Lane Winchester, VA 22603 PARCEL THREE: All of' that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 4.3668 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc." dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004. recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Brothers, Inc., a Virginia corporation, by Deed dated April 30, 1984, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, t/a Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid c.� w Clerk's Office in Decal Book 575, at Page 583. t1J TMP 54 A 13 219 Stine ii.tane 37- Winchester, VA 22603 O PARCEI. FOUR: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lyiang and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 44.28 acres, more or less, as shown on that plat and survey prepared by Lee A. Ebert, C.L.S., dated November 7, 1973, attached to and recorded with that certain Deed dated November 30, 1973, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 421, at Page 623, and more particularly described as Parcel 7 on that certain plat entitled "Composite Plat Showing All the Land of Shockey Realty Company" dated December 30, 1983, prepared by Thomas A. Shockey, C.L.S., attached to and recorded with that certain Declaration of Plat dated April 30, 1984, recorded in the aforesaid Clerk's Office in Deed Book 575, at Page 572; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Sbockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688, less and except 0.4990 acres, conveyed to David Matthews Smith and Alson.H. Smith, Jr., by Deed dated July 26, 1996, from Shockey Bros., Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office in Deed Book 863, at Page 793. 'TMP 54 A 14 44.28 acres PARCEL FIVE: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 32.20 acres, more or less, as shown on that certain plat entitled "Final Plat for Boundary Line Adjustment Between the Lands of Shockey Brothers, Inc" dated March 4, 2004, prepared by Richard A. Edens, L.S., attached to and recorded with that certain Declaration of Plat dated August 13, 2004, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 040016374; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated June 21, 1990, from Ralph D. Shockey, James D. Shockey and James D. Shockey, Jr., Partners, trading as Shockey Realty Company, a Virginia Limited Partnership, recorded in the aforesaid Clerk's Office in Deed Book 748, at Page 688. TMP 54 A 15 32.20 acres PARCEL SIX: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, situate approximately 1-1/2 miles North of Winchester, a short distance West of U.S. Route 11, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.50 acres, more or less, and more particularly described on the plat and survey of H. Bruce Edens, C.L.S., dated August 3, 1972, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 395, at Page 71 O; AND BEING the same property conveyed to Shockey Bros., Inc., a Virginia corporation, by Deed dated February 22, 2008, from Toms Brook, Inc., a Virginia corporation, recorded in the aforesaid Clerk's Office as Instrument No. 080002157. TMP 54 A 15A 234 Stine Line Winchester, VA 22603 L:\Shockey isms to MM Stine\Pxhihit A - pmpc+ey Decri{Hione for Dccd.doex VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on -3 f� at nd with a.rtificate of ocktx>wiedgemeTu thereto annexed was admitted to record. Tax imposed by Sea 58.1-802 of $ /.:z• 000 , and 58.1-801 have been paid, if aasessabte 4won", Clerk 21001108, Grantee Address: P.O. Box 2368, Winchester, VA 22604 Assessed Value: N/A Title Insurance: None Tax Map Nos.: 53-A-70, 43- A-22, 42-A-61, 42-A-62, 52-A-48, 52-A-49, 41-A-170, Consideration: This deed is exempt from recordation taxes pursuant to Virginia Code § 58.1-811 (10), Code of VA. THIS DEED , made and dated this I st day of July, 2021 by and between FRUIT HILL ORCHARDS, INC. a Virginia corporation ( aka Fruit Hill Orchard, Inc.) party of the first part, hereinafter called the Grantor (indexed as Grantor), and KSS, L.C. a Virginia limited liability company, part of the second part, hereinafter called the Grantee (indexed as Grantee). RECITALS: RA. Fruit Hill Orchard Inc. is the sole member of KSS, L.C., Virginia limited liability company ( the "Company"); and, desires to distribute to its Company the hereinafter described properties set forth on the Schedules attached hereto. Witnessth: NOW, THEREFORE: That for and in consideration of the benefits to I accrue thereby, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL Warranty of Title, unto the Grantee, in fee simple I absolute, all of the following tract or parcel of land, lying and being situate in the -County of Frederick, Virginia set forth on KSS LC Schedules A-1, A-2, A-3, A-4 attached hereto and by this reference made a part hereof as if set out in full. Page 1•of 2 C: 2021NewFiles/Fruit Hill/KSS/2021-016 —o c-� 0 W rn WITNESS the following signature and seal. FRUIT HILL ORCHARD, INC. Ily: (_-7&0t" 5..4-11,, /,us.� - (SEAL) Diane S. Kearns, President COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT I, G� a Notary Public in and for the State and jurisdiction aforefaid, do hereby certify that i ne S. Kearns , President of Fruit Hill Orchard, Inc. whose name is are signed to the forego ng DEED dated the 1st day of July 2021, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. / —� Given under my hand this ! A day of July, 2021. My Commission expires / / 3 / / �L a RegistrationNo: _70 /d 74 This Deed Prepared By: Benjamin M. Butler, PL Cameron Street ''NOTARY ' 112 S. ��, •�p� Winchester, VA 22601 Z � puullc G7e n ; Bar No.01357 VIF .VA. MY cowlssloti ::t � 0 % L- pill, Page 2 of 2 C: 2021NewFiles/Fruit Hill/KSS/2021-016 c� C: KSS LC- SCHEDULE A-1 W All of certain tract or parcel of land, situated in Back Creek Magisterial District, Frederick County, Virginia, containing 30.185 acres, lying northwest of U.S. Highway No. 50 , and shown as on a plat and survey prepared by Richard U. Goode, L.S. dated October 20,1960, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia hi deed Book 267 at Page 187, together with a twenty —foot ( 20') right of way as shown on the aforesaid plat and by this reference Made a part hereof as if set out in full and being the same property conveyed to Fruit Hill Orchards, Inc. by Deed dated November 2P, 2002 from C.R. Solenberger and Bessie S. Solenberger, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 020020744. Tax Map No. 53-A-70 KSS, LC- SCHEDULE A-2 `p cry All of certain tract or parcel of land, situated in Stonewall Magisterial District, Frederick County, Virginia, containing 20 acres , in gross and not by the acre, together with all rights and appurtenances thereunto belonging,( including , but not limited to, that certain -right of way acquired by Roy, R. Boyce et ux by Deed from the Lenoir City Company, dated April 27,1967 and recorded ui the Clerk's Office of the Circuit Court of Frederick County, Virginia in deed book 332 at Page 126, conveying right of access from the land herein conveyed to U.S. Highway No. 11) and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated August 22"d, 1969 from Roy R. Boyce and Pearl Virginia Boyce, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 356 at Page 310. Tax Map No. 43-A-22 T G) C✓-) . lO KSS LC- SCHEDULE A-3 \--o All of certain tract or parcel of land, situated in Gainesboro ( formerly Back Creek District) Magisterial District, Frederick County, Virginia, containing 32 acres , 3 roods and 10 square poles, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , lying and being situate a short distance East of Virginia State Secondary Highway No. 654, about three miles Northwest of Winchester, and further being the aggregate of two contiguous tracts of land , formerly identified as the orchard tract and the new ground tract ,respectively, one containing 24 acres, 2 roods and 26 poles, more or less and the other containing 8 acres and 24 square poles, more or less, and described by metes and bounds according to a survey thereof made by A.J. Tavenner,'Surveyor, of Frederick County, on June 170i,1915 as set forth in the hereinafter mentioned Deed arid by thus reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 261h, 1982 from Nelson L. Carpenter and Margaret S. Carpenter, his wife, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 546 at Page 194. Tax Map No. 52-A-48 and 52-A-49 0 r-- 0 KSS LC- SCHEDULE A-4 0 All of certain tract or parcel of land, situated in Gainesboro ( formerly Stonewall District) Magisterial District, Frederick County, Virginia, about three miles west of the City of Winchester, known as the Poor House Farm, and containing 274.0744 , more or less, according to plat and survey made by Richard U. Goode, Certified Surveyor, on June 24, 1965 attached to the hereinafter mentioned Deed , together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging , and by this reference made a part hereof as if set out in full, and being the same property conveyed to Fruit Hill Orchard, Inc. by Deed dated March 291h, 1968 from Fred E. Unger el al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 341 at age 47. Tax Map No. 41-A-170 9.1 VIRGINIA: FREDERICK COUNTY.SCT. hisinstromentotwritingwasprounced tomeon t dtn.i.-icerbUcateacl(nowledgementtbe eY toannexed asa mittedtorecord. Tax imposed by See.58.1-802of and58.1-801 bauebeenPaid, ifassessoble. iin" Clerk Rezoning Application #08-22 for METROMONT Hello, We are all property owners or renters that have adjoining property to the proposed new zoning request from Metromont that live in the city of Winchester on Pennsylvania Ave. We would like the council to deny this request. The noise and dust is bad enough right now. The noise around three or four in morning will wake you up as you can hear movement alarms going off on equipment as it moves in their lot. You can't sleep with windows open now for the alarms will wake you up even with your windows closed (the facility is probably a 1/3 mile from my house now and it is that loud) With this rezoning it could be 150 feet from my house and about all of my neighbors since we have about the same distance property lines running beside the proposed rezoning property. This would most like only increase if rezoned. The concrete dust will turn your windows white with cement dust and it can't be good to breath. This would also probably increase if rezoned. So please take into consideration of the residents living next to this property that needs to get some good sleep, breath some good clean air and live in a clean concrete dust and noise free home and environment and deny this rezoning request. Here is a signed list of 21 of 22 property owners or renters that all have adjourning property to this zoning request (1 house owner was not able to be contacted) on Pennsylvania Ave. We would like this request be denied. Thank you for time and hopefully consideration to deny this rezoning Attached list has signatures I o oe complereu by r[nmmng arajj: Zoning Amendment Number Date Received Pee Amount Paid �, Anticipated PC Hearing Date _ Anticipated BOS Hearing Date REZONING APPLICATION FREDERICI{ COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than hvo owners): Name: Metromont LLC Specific Contact Person if Other than Above: Chris Pastorius Address: P.O. Box 2486, Greensville, SC 29602 Telephone: 540-665-3239 Name: KSS, L.C. Email: cpastorius@metromont.com Specific Contact Person if Other than Above: Katherine Solenberger, Address: P.O. Box 1901 , Winchester, VA 22604 Telephone: 540-323-0221 } rnail: ksolenbergerl7@gmail.com 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 primacy Cott tact person for this application: Firm Narne: Thomas Moore Lawson, PC. Specific Contact Person at Firm: Thomas Moore Lawson Address: P.O. Box 2740, Winchester, VA 22604 Telephone: 540-665-0050 Ernail: 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. 12 4. Project Name (if any): Metromont Rezoning 5. Property Information: a. Property Identification Numbcr(s): 54-A-11 and 43-A-22 b. Total acreage of the parcel(s): 44.72+/- c. Total acreage of parcel(s) to be rezoned (if other than whole parccl(s) is being rezoned): 44.72+/- d. Current zoning designation(s) and acreage(s) in each designation: (54-A-11, B-2, 24.72) (43-A-22, RA, 20.00) e. Proposed zoning designation(s) and acreage(s) in each designation: (54-A-11, M2, 24.72) (43-A-22, M2, 20.00) f. Magisterial District(s): Stonewall 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): 980 North Frederick Pike, immediately west of City of Winchester; and immediately south of VA Route 37 and north of Stine Lane h. Adjoining Properties: Parcel Ill Number Use Zoning See attached rtease attach aaarttonat page(s) Ir 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. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Metromont LLC: Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605 KSS, L.C.: Katherin Solenberger; P.O. Box 1901, Winchester, VA 22604 Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: N Location Map IN Plat Depicting Metes/Bounds of Proposed Zoning ® Impact Analysis Statement ® Proffer Statement (ifany) ® Agency Comments [� Fee ® Copies of Deed(s) to Property(ies) ® Tax Payment Verification ® Digital copies (pdPs) of all submitted items Ml 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. Owner: __-- _-- _-- Date��^ If signing on behalf of an entity, please state name of entity and your title: Owner: Other Applicant Party (il'any): Date I._ ease state name of entity and your title: 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. 15 FREDERICK COUNTY ADJOINERS Label TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 1 43 A 55A CIVES CORPORATION P.EM-34Q. 4-3 2e$— S9 ---WINCHESTER VA 210 CIVES LN WINCHESTER VA MFAWY BOX 323�22603 3 54 A 14 METROMONT CORPORATION 22604 " v 4 54 A 15 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602 5 54 A 32 101 1 PENNSYLVANIA AVENUE LLC PO BOX 2486 GREENVILLE SC 29602 30 54 A 10 101WINSKI HENRY F 3724 LINDA LN ANNANDALE VA 22003 942 N FREDERICK PIKE WINCHESTER VA 22603 �1 54 A 2 FREDERICK COUNTY FRUIT GROWERS 801 FAIRMONT AVE WINCHESTER VA 32 53 A 60 SREIT AUTUMN WIND LLC 591 W PUTNAM AVE GREENWICH CT 22601 33 54 A 12 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 6830 ,34 54 A 1 SHENANDOAH VALLEY BATTLEFIELDS PO BOX 897 NEW MARKET VA 2 N 22844 844 • C ITy OF /97-11%' Tim yojr,9AI. s' _ !.�//`fcf� vj► 2 2 mac; j • y3 _ t9-Z SA f•TEJpr�A/ Pe1116/P Wliui!/»r G&c Q�, aOX 2 $SC W,AjC• �'� ?1 0L! �. • y3-A'23 OS(AQ TCs,I{Cr�S qZS N 3 - 13'2o� 13,e rEaRr1 �NJ�sr►2r(fS p 0, l3ox 2 f 2yG FHOEAJI-6 I I NoR�jorJ 3fa�EquRLc 6/A o�NEn LLC i 3sy3 wEsr cKFsTZ�? oleC- NEwTbx-)t1 S QJAoCC.. fi-Z 7A 940�3 M'X 8,3 fzz Frederick Countv Adioiner Table Label 6 ✓'7 8 ✓'9 `W L1 4'2 v13 14 ✓15 16 ✓17 ✓18 ,' 19 20 v,21 .?3 v24 ,/25 ,,26 ,27 \29 TAX MAP # 114-01 - 130 114-01 - 129 1 14-01 - 128 114-01 - 127 114-01 - 126 114-01 - 125 114-01 - 124 114-01 - 123 114-01 - 122 1 14-01 - 121 1 14-01 - 120 133-07 - 119 133-07 - 118 133-07 - 117 133-07 - 116 133-06 - 19 133-C6 - 18 133-06 - 17 133-06 - 16 133-06 - 15 133-06 - 14 133-06 -13 133-06 - 12 133-06 -10 CITY OF WINCHESTER ADJOINERS OWNER NAME A & R RENTALS LLC MAILING ADDRESS MAILING CITY A & R RENTALS LLC 230 DEPENDENCE LN 230 DEPENDENCE LN MIDDLETOWN VANCE MICHAEL E 1003 PENNSYLVANIA AVE MIDDLETOWN WINCHESTER SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANIA AVE GETZ MARILYN LICKLIDER DAVID 110 SUNSET CIR WINCHESTER CROSS JUNCTION ROBERTSON BEULAH D LIFE EST 941 PENNSYLVANIA AVE 933 PENNSYLVANIA AVENUE WINCHESTER MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER WINCHESTER DAVE HOLLIDAY RENTALS LLC DE LA ROSA MARTHA 420 W JUBAL EARLY DR, STE 103 WINCHESTER MASON SHAMEKE L 909 PENNSYLVANIA AVE 901 PENNSYLVANIA AVE WINCHESTER NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER WINCHESTER RILEY SAMMY L JR CROSEN VERMONT JR 829 PENNSYLVANIA AVE WINCHESTER LAMB VIRGIE M 827 PENNSYLVANIA AVE 825 PENNSYLVANIA AVE WINCHESTER JOYNER OTIS V 112 156 HAWTHORNE DR WINCHESTER WINCHESTER JOYNER OTIS V 112 MURDOFF RICHARD D 156 HAWTHORNE DR WINCHESTER NEWLIN WILLIAM H 817 PENNSYLVANIA AVENUE WINCHESTER NEWLIN WILLIAM H 815 PENNSYLVANIA AVE 815 PENNSYLVANIA AVE WINCHESTER MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVENUE WINCHESTER WINCHESTER PLUM DANIELLE DELLINGER BEVERLY H 807 PENNSYLVANIA AVE WINCHESTER BICKERT TAMMY M 805 PENNSYLVANIA AVE 801 PENNSYLVANIA AVE WINCHESTER WINCHESTER MAILINGSTATE VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA MAILING ZIP 22645 22645 22601 22601 22625 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 22601 ( Tf{G 81 Sol tt City of Winchester Adioiner Tabip LABEL 1 3 4 5 30 31 32 33 34 TAX MAP to 43 A 55A 54A14 54A15 54 A 32 S4A10 54A2 53 A 60 54Al2 45A1 43-A-28A 43-A-23 43-A-26A 43-A-21 FREDERICK COUNTY ADJOINERS OWNER NAME CIVES CORPORATION METROMONT CORPORATION METROMONT CORPORATION 1011 PENNSYLVANIA AVENUE LLC SLIWINSKI HENRY F FREDERICK COUNTY FRUIT GROWERS SREIT AUTUMN WIND LLC METROMONT CORPORATION SHENANDOAH VALLEY BATTLEFIELDS CITY OF WINCHESTER ROUSS CITY HALL ATTN TIM YOUMANS STEPHEN PHILLIP WILLIAMS LLC OSCAR JENKINS BROWNING-FERRIS INDUSTRIES HORIZON STONEWALL 4A OWNER LLC MAILING ADDRESS 210 CIVES LN PO BOX 2486 PO BOX 2486 3724 LINDA LN 942 N FREDERICK PIKE 801 FAIRMONT AVE 591 PUTNAM AVE PO BOX 2486 PO BOX 897 15 N CAMERON ST PO BOX 2556 425 LENOIR DR PO BOX 29246 3343 WESTCHESTER PIKE MAILING CITY WINCHESTER GREENVILLE GREENVILLE ANNADALE WINCHESTER WINCHESTER GREENWICH GREENVILLE NEW MARKET WINCHESTER WINCHESTER WINCHESTER PHOENIX NEWTOWN SQUARE LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 6 114-01-130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01-129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01-127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601 10 114-01-126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625 11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01-122 DAVE HOLLIDAY RENTALS 120 W JUBAL EARLY DR, STE 10 WINCHESTER VA 22601 15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07-118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07-117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06-19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06-18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601 24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 2S 133-06-15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601 27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06-10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 FREDERICK COUNTY ADJOINERS Label TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY 1 43 A 55A CIVES CORPORATION 210 CIVES LN WINCHESTER 2 43 A 28B SOUTHERN SCRAP COMPANY PO BOX 3235 WINCHESTER 3 54 A 14 METROMONT CORPORATION PO BOX 2486 GREENVILLE 4 54 A 15 METROMONT CORPORATION PO BOX 2486 GREENVILLE 5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 3724 LINDA LN ANNANDALE 30 54 A 10 SLIWINSKI HENRY F 942 N FREDERICK PIKE WINCHESTER 31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 801 FAIRMONT AVE WINCHESTER 32 53 A 60 SREIT AUTUMN WIND LLC 591 W PUTNAM AVE GREENWICH 33 54 A 12 METROMONT CORPORATION PO BOX 2486 GREENVILLE 34 54 A 1 SHENANDOAH VALLEY BATTLEFIELDS PO BOX 897 NEW MARKET MAILING STATE MAILING ZIP VA 22603 VA 22604 SC 29602 SC 29602 VA 22003 VA 22603 VA 22601 CT 6830 SC 29602 VA 22844 Frederick Countv Adioiner Table CITY OF WINCHESTER ADJOINERS Label TAX MAP # OWNER NAME _ MAILING ADDRESS MAILING CITY_ MAILI_NGSTATE MAILING ZIP_ 6 114-01 - 130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01 - 129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01 - 128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01 - 127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANIA AVE WINCHESTER VA 22601 10 114-01 - 126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22625 11 114-01 - 125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01 - 124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01 - 123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01 - 122 DAVE HOLLIDAY RENTALS LLC 420 W JUBAL EARLY DR, STE 103 WINCHESTER VA 22601 15 114-01 - 121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01 - 120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07 - 119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07 - 118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07 - 117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07 - 116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06 - 19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06 - 18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06 - 17 MURDOFF RICHARD D 817 PENNSYLVANIA AVENUE WINCHESTER VA 22601 24 133-06 - 16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06 - 15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06 - 14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVENUE WINCHESTER VA 22601 27 133-06 -13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 133-06 - 12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06 -10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 Citv of Winchester Adioiner Table o � J \ 0 \ z \ Q ' J J s GLENTAWBER RD GLENTAWBER Rp 7 RT 37 S 7 o o ,p \ SELL, cT cc r\,,G, ONc/ SENTRY14 CT .$ F•O � cq c c 0:Q ��! 832 % p A- Z-) J22 721 Z 2 2 CO 40 2 O / j �O 52 G W 0 QQ J o � 2 EL DER@ 1 � � Co-VIAGe 1/ / / Legend Proposed M2 Parcels Metromont Existing M2 Parcels Winchester Limits Parcel Boundary ---r Railroads Future Proposed Rt37 Bypass 6RG0K4� R �A qRk NT c F C i E N C C C' C CAN Lnin>, � _ > �" c" 3 �a E 3 a" p N d C V ti C LnLL Q z I� fty " W z y W0 z UL'� Z O COOf a (D 2 of Z X W O O(Y- W Z W Z 0X O O 0 Q W 2 U } m Q Z O ~ Z z 0 ~ w m O m Q X Z x W f— N O W(n o Z ON j Z W W Z - Q O U � U w - U 0 a O < Q < Q a o N u.I Q O c0 cW L W W o " O LLN N C U) W J Q Q U � Nap Data Source. Frederick County, Va. GIS Department, 2022 Data ob GLENTAWBER RD a E 7 RT 37 S SITE 11 0, N RT 37 N --�3 37 0o J � w c N N N W v •0 N ` 522 a00,s � v!� P S C, �, c ,� AI_�Z TO N37 �D NG•D R SITE 7 SENTRY ir - � O Z CT 54A14 WINCHESTER �� W Cl) << yO W o� OqC/ � z �2y �� 832 CT � Q L o� ? 17 54 11 , 50 C,J=2 721 �Q tiF�o Or` / LOCATION MAP b �� � H 52 �� cc0�� < co a (D RT5�3 RTS 54 A 13 �C2� A 15A Q Z W ?�N h 54A17 U O Z Q � O Jj 54 A 12 U O Q Q � J LU 52 ,.DO 54 A 11 • OR 9R ~ o �OOt'Sr R� Q� Z z Q G� \ OO Q t0 Ix p 5 ✓ 00 Q` 0 m a 5_ 9c��ON O�PO / of Z X W > rQi O — W H z / r0 U ZO Z U) D Z W O Q O w / ! T O Ir Q Y g Y O UO U LL a �P 783 ,e �.' -j Q W c O C r U Cl N u N ii 0 c 11J Z N L Feet JCP / co/ O LL N F- N 600 0 600 O Q Q 783 � Data Source Frederick County, Va. GIS Department, 2022 Data CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BFARING CHORD LENGTH !! _ EORIRESS OR. Cl 157.90 70.00 129' 14 38 S 23-40 42 W 126.49 , C2 571.20' 2,894.83' 11'18'20" S 36'45'10" W 570.27' i J5'272e' w C3 1B9.07 843.51 12'5021 N 02'2137 W 188.67 J1.91 C4 485.89' 2,485.09' 11*12'10' N 14'30'S9" W 485.12" C5 211.84 2,452.53' 4'5656" N 21'1079" W 211.7T /9 y0 N 05 6'b1 % \ `76.?0' ' G3 N 22'33'44E ~N66'3136' W TAX PARCEL �--" N 59'0137' W 54 A-11 DB 841 P Al 76 "<37Ep EX. ZONED: 62 TA( 54 A-12 q4 o PROP. ZONING: M2 uEMOUONT CORPORADON - h INST. No. 180000979 qj� g SEE 1NST. Nos. 210021532 4-220004854 Oy 27.19 AC ZONED. u2 V J � 77j 1 m I Sf � � h 56.10' 5 11-20'J5' W 200 0 200 400 u SCALE: 1" _ 200' GRID Mjul ZoNE 003 VA NORTH TA( 54 A-14 uEJROUONT CORPORADON INS No. 150OX979 /.%ST. Na 210021532 d• 220004854 44.25 AC ZONED: u2 TA( 54 A-13 '7ROu0M CORPORADON HST.)80000971 1111 Nos. 2/.21512 S 220004854 4.J7 AC ZONED: u2 TA( 5 �( AllMMONT CORPORADOV INST.Nc. 180OX9 18J000979 54 AST. Nos. 21002/532 3 220004854 J2-2 AC. ZONED: u2 54 A-15A uE rTTJu',AY CORPO?AirW +i INS N. 15000097.9 / 1.50 AC IGrfD: M F ��iA • TA( 5C A-\ uE7R0u0NT 4—A 1 ADOY �. WST. No 080002485 'Piy. J.75 A ZONED u2 > �D A �D V— m LEGBID O REZONING PARCEL LINES �\ N —••— METROMONT PARCEL LINES x N 16'24' TAX PARCEL U` 43 A-22 KS$ LC. INST.No. 210011084 e' \ SEE INST. No. 220005680 22 22.9539 ACRES IX. ZONED: RA PROP. ZONING: 1.12 m \ TH OF OR( PG 1456 PG 1056 38 PG 434 .•v. No. D'ta OF Y I� 2 u W, h10 171IXI79..W Lic. No. 26715 %r 0 2C �1 S10 AL e DATE 06-29-2022 SCALE: 1"-200' DESIGNED BY: CM/TNA FILE NO. 3952HB SHEET 1 OF 1 COG Special Limited Power of Attorney 04 ti� County of Frederick, Virginia Frederick Planning Website: wwwAva.tis IIH 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: Metromont LLC Name of Property Owncr/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 ofattorncy from each owner will be needed. P.O. Box 2486, Greensville, SC 29602 540.665-3239 Mailing Address of Properly Owncr/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 follo►ving property identification numbers: do hereby make, constitute, and appoint: Thomas Moore Lawson, P.C. Name of Attorney -In -Fact P.O. Box 2740, Winchester, VA 22604 540-665.0050 Mailing Address of Altorncy-In-Fact I'cicphone 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 autliorily I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followitlg, for the above identified property: 0 Rezoning [ Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) n 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 clay that it is signed, or at such sooner time as I otherwise res C?11 pendi , it. Signature _ .d /� Title (if signing on behalf of an entity) _4 - _ State of V��lcx County/amity of VrPder t( _ To wit: I, -I. Dllo ____,__ _, 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 me in the jurisdiction aforesaid this I`� day of Tu It __, 20,2-2 1 9 r ply Commission Expires: 1)1JU99, tf Notary Public �•�\SpN II Registration Number: ... p - P . �Z NOTARY , PUBLIC REG # 324329 'dry-f1AlAttssr3t6 O EXPIRES 10/31/20 •��'�,.. �LTH tict< coG Special Limited Power of Attorney 04 County of Frederick, Virginia Frederick Planning Website: wNvw.feva.us Department of Planning & Development, County of Frederic!, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 66.5-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Metromont LLC Name of Property Owner/Applicant Please note If slit property owner/applicant is an entity, tilt name of tlic entity should appear above If muhiple persons own the property or are applicants. an csecuted power of atlomcy from each owner will be needed P.O. Box 2486, Gteensville, SC 29602 540-665-3239 Mailing Address of Property Owner/Applicant Telephone Numbcr 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: 54-A-11 do hereby snake, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Nlirgiriia for the follow in 1, for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit ✓ Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year front the day that it is signed, or at such sooner time as 1 otherwise resci r madi y it. Signature Title (if sighing State of (IID�ii-A 'A County/c-itrof F 1 c-iel 1( Y -ro wit: I, Al i `� I"l iI Mkt 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 �e before me in thejurisdiction aforesaid this i `'t" day of .�(-Ili} _ , 20Z 1 k `( �'�� �T�+,�u,�•,r ivly Commission Expires: — Notary Public .`` pN 7- �'�, Registration Number: T21-1 r�1 TARy �L PUBLIC REG N 324329 •• EXPIRES g �, 10/31/23 •' �' Y. C Special Limited Power of Attorney 04 �� County of Frederick, Virginia Frederick Planning 'Website: www.fcva.us ,u Department of Planning c& 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: KSS, L.C. Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the nante 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 P.O. Bor 1901 Wachester, VA 22604 540.323.0221 tMailing 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: 43-A-22 do hereby make, constitute, and appoint: Thomas Moore Lawson, PC. Name of Attorney -In -Fact P.O. Box 2740, Winchester, VA 22604 540-665.0050 Mailing Address ol-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 1 would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: 0✓ Rezoning Subdivision Conditional Use Perrnit L✓] Site Plan Master Development Plan (prelim, or final) P 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 yea r Ire day that it is signed, or at such sooner time as 1 otheiivise rescind or modify it, Signature (SSA C Title (if signi g on behalt el ' y) , I" State of A �q.ffAn' County/-e4ty of h-C r, I[ To wit: 1, R_1-1 ;r;fl Y. ( ) W a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before n1e and has acknowledged the same before me in the jurisdiction aforesaid this I `' _ day of ^T►,l ly l., 111111111111�I` MT,z)0 My Commission Expires:__,_ Notary Public P`, ,N ••• p •.� Registration Number: . " t-1 - D OTARy '.,�L PUBLIC REG # 324329 n h1y COMUSSION LJ ' 10/31/20 z ALTH QF 1111111111111,` V. coG Special Litnited Power• of Attorney County of Frederick, Virginia Frederick Planning Website: www.fevams uA 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: KSS, L.C. Name of Property Owner/Applicant PIc,_se note: If the properly owner/applicant is an entity, the name oft licentity should appear above. Ifni It I drile persons own the property or are applicants, an executed po%�ur of anorncy front each owner %%-itI be needed P.O. Box 1901 Winchester, VA 22604 540.323.0221 Mailing Address of Property Owner/Applicant Telephone ,lumber as owner of, or applicant with respect to, the tract(s) or parce](s) of land in Frederick County, Virginia, identified by following property identification numbers: 43-A-22 do hereby make, constitute, and appoint: Greenway Engineering, Inc, Name of Attorney -In -Fact 151 Windy Hill Lane, Winchester, VA 22602 540•662-41e5 Mailing Address of Attorney -In -Pact I clephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Q✓ Rezoning Subdivision Conditional Use Permit (J Site Plan 0 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: "Phis appointment shall expire one , ar from the day that it is signed, or at such sooner otherwise resci or modify it. Signature _�_•_. // Title (if sigl :1g on bet If of n entity) State of ( Coun0'/G4Y of 1- WIN (cr- ; To wit: I, t c -. ��� a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before n1e and ltas acknowledged the s me before ine in the jurisdiction aforesaid this J'U day of.,jjj4 , 20U ��,,,rrrrrr Commission Expires: :9 l� L t 'l,�^� ,,.� are r. ''�., �' p � �_��-. Notary Pub is �`� ,...,,,gyp Registration Number: ?t1 3 2 �. NOTARY' • �L ' PUBLIC REG 4 324329 n MY COmm'sSION A) 2� i0/31/23 : ,• �r'r�rrertt'r��� time as I I Ic�lrn,t_ 11:unc V 11 c� 1111L1 Pay/Lookup 'Taxes i Inquiry of Real Estate Map Number: 54 A 11 View Mall Name: METROMONT CORPORATION �tcuunP; hcIII• 11,1,cI!; I('y:' 1 ) I I [I:III !iH II IIIIIII'III:!ImI, It IIcL Itsi Annun' I)ui ViewRill Vicw Rack of Rill 8015252 RE2021 27710 1 6/7/2021 12021 REAL FSTATE $0.00 ViewRill View Rack of Rill 8015252 RE2021 27710 2 12/6/2021 12021 REAL ESTATF I 50.00 VicwRill View Rack of Rill 8015252 RE2022 27179 1 6/6/2022 I2022 REAL FSTATE, 50.00 8015252 RE2022 27179 2 12/5/2022',2022 REAL EST/VFE ( $4,527.421 Total Due: $4,S27.42 Return to Search p I IcdcI], IlullllZD i Pay/Lookup 'Taxes Inquiry of Real Estate Map Number: 43 A 22 View Mall Name: KSS LC (1,1,(-1 Ilk I):,il I)�I:IIICII I(1 �(ii'l11A��11 �! �< hH, hkI, t, VicwRill View Rack of Hill 8008520 RE2021 13490 1 6/7/2021 2021 REAI, IiSTATI: $0.00 Vicwliill View Rack of Rill 1001520 RE2021 13490 2 12/6/2021 2021 REAL ESTATE $0.00 Vicwliill View Rack of Rill 8008520 RE2022 22179 1 6/6/2022 �2022 REAL 1?STATI: s0.00 8008520 RE2022 22179 2 12/5/2022 2022 REAL ESTATE 519.82 Total Due: $19.82 Return to Search Tyler Klein From: Rod Williams Sent: Monday, October 10, 2022 7:53 PM To: Thomas Moore Lawson, Esq. Cc: Wyatt Pearson; John Bishop; Tyler Klein Subject: RE: '[External)TW: Rezoning Ty, I have reviewed the revised proffer statement, bearing revision date September 30, 2022, and offer these comments: The first two items in the list of proffered out M1 uses also appear in the list of proffered out M2 uses, but the other items in the list of proffered out M1 uses do not likewise appear in the list of proffered out M2 uses and apparently should. It may be simplest if the two sentences were combined into one, with "Uses currently allowed under the M1 and M2 districts are specifically excluded as a principal use as follows:" as a preface, and then listing all the M1/M2 uses that are proffered out. Staff should be aware that the impact analysis appears to have based merely on use of the rezoned areas for storage to serve the existing use in its current form and that it does not account for any other potential expansion of the existing facility or use of the property for any of the other M1/M2 uses not proffered out. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia(ofcva.us From: Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM> Sent: Thursday, October 6, 2022 3:41 PM To: Rod Williams <rwillia@fcva.us> Subject:'[External]'FW: Rezoning '•• I sent the attached to Wyatt last week and have not received a reply or comment so out of an overabundance of caution I am sending this to you directly. 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((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. From: Thomas Moore Lawson, Esq. Sent: Friday, September 30, 2022 4:34 PM To: 'Wyatt Pearson' Subject: Rezoning Please see the attached. Thank you. 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(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. • PJ THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 August 26, 2022 Wyatt Pearson, Director of Planning John Bishop, Deputy Director of Planning — Transportation Frederick County Planning Department North Building, 2nd Floor 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Dear Gentlemen: *THOMIAS MOORE LAWSON • TLAWSON(a LSPLC.CONI Re: Metromont LLC Rezoning Our File No. 1477.001 Enclosed please find a rezoning request filed on behalf of Metromont LLC and KSS, L.C. (collectively the "Applicant"). With the application, we have received agency comments from Historic Resources Advisory Board, Frederick County Planning Department, Frederick Water, Frederick County Fire Marshal, Frederick County Attorney, Virginia Department of Transportation, Frederick County Department of Public Works, and the City of Winchester. Given that this is a rezoning of two contiguous parcels to the existing Shockey Precast operation to a zoning category which allows for the continued operation of the existing precast facility, the comments for the most part are either favorable or there are no comments. We, therefore, will address only those comments which require follow up. • Historic Resources Advisory Board: HRAB "...recommended that the applicant leave buffers along the edge of the parcels to minimize disturbance to neighboring developments..." and, in particular, to the adjacent property owned by the Shenandoah Valley Battlefields Foundation. In response to said comment, a GDP has been submitted which provides for preservation of mature existing trees along the strip of land which borders not only the Shenandoah Valley Battlefields Foundation property but also property bordering the Winchester & Western railroad and the existing residential on the City side of that railroad track. Wyatt Pearson, Directorarming • John Bishop, Deputy Director of Planning —Transportation August 26, 2022 Page 2 • Department of Planning and Development: Although there is a reference to the Comprehensive Plan, which identifies PIN 954-A-I I as a "business" land use designation, Staff has noted that "...expansion of the existing industrial use onto the subject property may otherivise be appropriate ifpolential impacts are sufficiently mitigated." The Applicant submits that, in fact, any potential impact has been mitigated by submitting a rezoning to M2, which allows for the continuous operation of the existing Shockey precast facility and use. Indeed, if it was developed consistent with the existing zoning of B2, it is foreseeable that the impacts, especially traffic impacts, could be significant and certainly much greater than with the M2 use. Planning has also made reference to the same strips of land that adjoin the Shenandoah Valley Battlefields Foundation property, which were addressed in the comments set forth above. • County Attorney: In response to the County Attorney's comments there have been edits in the enclosed and updated proffer statement. • Virginia Department of Transportation: VDOT has provided a favorable report with the one recommendation of the closure of the second partial entrance on Rt. 522. It should be noted there are two existing entrances installed which provide access to and from the parcel that fronts Rt. 522. Those entrances include installation of a stop sign, poured concrete, entrances with curb and gutter, and decel/turn lanes. The Applicant will work with VDOT in response to its comments concerning the recommendation pertaining to the second entrance. • City of Winchester: The City has a concern about potential "...unmitigated light, noise, dust and vibration impacts." Existing regulations and ordinances would not allow any of those impacts to occur. Further still, existing regulations and ordinances require that no dust would be allowed to leave the site and migrate from the site, go across the Winchester & Western railroad, and onto the City's residential properties. In addition, Frederick County ordinances require that any lighting is installed in such a way that it does not illuminate beyond the property line, which again would not allow for light to be cast beyond the Shockey Precast property onto the Winchester & Western property and then onto the City of Winchester's residential properties. There was also a discussion about the 100 foot tree preservation area, which would be an additional buffer to the buffer provided by the Winchester & Western property to the City of Winchester's residential properties. The Applicant will produce aerials of its property, which will confirm the existence of a significant tree canopy along this strip of land and its property. Finally, there is a comment made about the City ordinance which impacts Rt. 522/Fairmont Avenue in the City of Winchester only and the purpose of the overlay district to protect and promote aesthetic character and functionality of the access corridor. All of the Applicant's property lies in Frederick County and is not the subject of the City of Winchester corridor overlay. Nevertheless, there are relevant Frederick County ordinances that address setbacks from Rt. 522, which will create an attractive landscaped area along the Rt. 522 frontage. Wyatt Pearson, Director #anning John Bishop, Deputy Director of Planning — Transportation August 26, 2022 Page 3 We thank the County for the acceptance of this rezoning request and look forward to working with the County, its Staff and review agencies further, as well as appearing before the public hearings of the Planning Commission and Board of Supervisors. As always, if anything further is required, please do not hesitate to contact me. TML:atd Enclosures cc: Metromont LLC KSS, L.C. PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 I (the "Properties") RECORD OWNERS: KSS. L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26. 2022 REVISION DATE(S): September 21, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the M2 district are specifically excluded as a principal use are as follows: Meat products. Grain mill products. Fats and oils. Canned and cured fish and seafood, Fresh or frozen fish and seafood. Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion from I1lanufaCtLINCI to natural gas. Junkyards and automobile graveyards, Manufacturing or wholesaling ofexplosives. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 I proffers to preserve the existing mature trees within the 100' along its southeastern property line bct\vicen the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Gcneralized Development Plan attached hereto and incorporated herein by rcicrence as '`E�xhibit 1" ("GDP"). The Owner of Tax Iviap No. 54-A-II will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted a preemption of any and all items required by Ordinance, including, but not linlited to, setbacks, bUffCCS, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlef fields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted a preemption of any and all items required by Ordinance, Ulcludulg, but not limited to. setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting oil RE 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. [remainder of page intentionally left blank] 2 Respectfully SUbmitted. KSS LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OP , to -wit: The loregoing instrument was acknowledged belore Ille this day of 2022, by of KSS LC. NOTARY PUBLIC Nty commission expires: Registration IlUmber: _ METRONiONT LLC By: Its: sTnT>✓/CON,IMONWLnLTI-I OF , n"r LnRGI CITY/COUNTY OF , to-Nvit: The foregoing InStIllment Was acknowledged before me this day of 2022, by of MLTROMONT LLC. My commission expires: Registration number: _ 4 NOTARY PUBLIC • 0 PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax ivlap Parcels 43-A-22 and 54-A- I 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metronlont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. FUI'tller, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of' the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of' the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the M2 district are specifically excluded as a pr11161)a1 use are as follows• Meat products. Grain mill prodUctS, Fats and oils. Canned and cured fish and seafood Fresh or frozen fish and seafood, Wood preserving Paper and allied products Petroleum refining and related industry, I Bather and leather products Asbestos products Primary metal industry, Gas systems contract conversion from maIlL1faCtL11-Cd to natural gas. Junkyards and autonlobile graveyards ManutactLn-in9 or wholesaling of -explosives. Site Development 2.1 The Owner of'Tax Map No. 54-A-I 1 proffers to preserve the existing mature trees within the 100' bL4er along its southeastern property line as-seFe�between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit I" ("GDI'"). The Owner of "Fax Map No. 54-A-1 1 will continue to use the existing internal access traversing the above -described area. Nothing; stated herein shall be interpreted a preeniption of any and all items required by Ordinance, including, but not limited to setbacks buf-fors, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 I proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) as -a screen between the Property and the adjoining property owned by the Shellandoall Valley Battlefields FOLIndation as depicted on the GDP. Nothing stated herein shall be interpreted a preemption of any and all items required by Ordinance, including but not limited to setbacks butlers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel Fronting oil Rt. 522 of the Property shall be used on a restricted basis for Utility access and service and shall not be used by the Owner as part of Its M2 day-to-dayperational activities. [remainder of page intentionally left blank] 2 • • Respectfully submitted. KSS LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing illStIllment was acknowledged belore me this day of' 2022, by of KSS I.C. NOTARY PUBLIC: My commission expires: Registration number: C. L] METROMONT LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF . to -wit: The foregoing instrument was acknowledged before Ale this day of' , 2022, by My commission expires: Registration number: 4 ol'ME`I'RON/lONT LLC. NOTARY PUBLIC 0 Address Printed Name Signed Name Deny 1 �! Pennsylvania Ave OQ5 Pennsylvania Ave�T^y��t i �� �` v � r✓ C� `� t1 CJ Q©4 Pennsylvania Ave J 1 \ (� O /'14XI,�j J� J (/ G��i�L�/_=L C�1--------------------—✓ V C Pennsylvania Ave Pennsylvania Ave 9 Pennsylvania Ave Pennsylvania Ave �fi(--rH / v f� N N Pennsylvania Ave V Cj I Pennsylvania Ave t liC Pennsylvania Ave ,, [f �Q /', o rr. Pennsylvania Ave g� Pennsylvania Ave ` J � G�/V1 C� �e G{ SC%} I y� G' C� �' � Pennsylvania Ave PennsylvaniaAve `, A ��� � �\ —1A_ — __ ___ _. �q- Pennsylvania Ave � P vAo-.) \N�,\) V L,v/J C a'J� ✓ -- eAPO, 1' f (—V A�I -- ------------ -- grs "O Pennsylvania Ave SF-1— Pennsylvania Ave Pennsylvania Ave Pennsylvania Ave--- --- OTPennsylvania Ave Pennsylvania Ave 0 • THOMAS MOORE LAWSON, P.C. *OF COUNSEL- WILLIAMS MULLEN 120 EXET,R DRIVE, SUITE 200 POST OFFICF Box 2740 11'INCIIFSTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 September 30, 2022 Wyatt Pearson, Director of Planning Frederick County Planning Department North Building, 2nd Floor 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Dear Wyatt: *Tno11AS \loom, l.AWSON • TLA WSON(6" LS PLC. CON Re: Metromont LLC Rezoning Our File No. 1477.001 Thank you again for our discussions regarding the Metromont rezoning and your recommendations with regard to the proffers. I have met with the client and they have agreed to make the majority of' the edits to the proffers to further confirm that the tree save areas are ill addition to all ordinance requirements, which would include any new development, site plan submittal, setbacks, landscaping, screenings, etc. As you know, there is no current plan for such development, but when it occurs in the future, all State and local ordinance and regulatory requirements will be satisfied. Secondly, Nvith regard to your suggestion that perhaps McU•onlont should agree to proffer that the zoning should only allow for those activities that Metromont/Shockey is currently using as opposed to agreeing to proffer out certain uses that are currently allowed by right in M2 and Ml, again, I met with my client and they believe it would be better to do as we did before the Planning Commission and agree not to pursue still additional uses by way of' a proffer amendment. I do understand that at first blush it seems easier for a party seeking to rezone to simply ask for only those items that it immediately intends to pursue with its property. As you know, however, proffers do run with the land and remain as a restriction on what uses can be installed on the land unless and until some future Board of Supervisors' vote in favor of a proffer amendment. Frederick County ordinances have always specified those uses which can be developed within specific zoning categories and, as I have experienced, those uses have been modified by ordinance amendments over the years. I understand that Frederick County Staff is i Wyatt Pearson, Director of Planning September 30. 2022 Page 2 currently looking at updating yet again its ordinances and specifically the industl-ial uses in M2 and M I . Certainly as Frederick County goes through that process and updates its ordinances, this property (assuming it is zoned as requested to M2) will be subject to any ordinance changes. By proceeding in this manner, this property will be able to be used for the Metromont/Shockey operation and it will also be available Cor such I'uturc uses that the current or future property owner may wish to expand into, agalll subject to the then allowed uses in the M2 and M I categories. Further. It has been suggested that one of the reasons to restrict the LISCS ill this pl-OIIOSCCI rezoning is there may be impacts that may come Irom Sonic of the by fight Uses ill M2 and MI. As stated above, the ordinance is updated and amended by the Board Of'SLlpel-visors. If' there are perceived impacts then the ordinance amendments can address the same and place conditions (if warranted) on certain uses that may continue to be allowed in M2 and M I . Additionally, I believe it is important to point out that simply because a party has the fight to IiLll-SLIC a Use as permitted under a zoning ordinance that in no way provides them with a pass or an ability to skirt not only County ordinances, but also State and Federal ordinances, rcgulationS or ruICS that pertain to the proposed activity. Indeed, there arc 11LI111CI.OLIS regulations that impact all development, but especially industrial today and, if' history teaches us anything, I strongly suspect there will be still additional regulations II11pOSCd upon industry going lorward. As such, those very impacts that are being thought of' today are most likely already addressed by County, State and Federal regulations, and as we go Crward in time then perhaps there will be a thought oC'developing the Metromont/Shockey property and they will be faced With CVCII Stl'IctC1- C.OLlllty, State and Federal I-egUlatlons. With all of this said, I do Submit that concerns about f1iture impacts will be addressed. Again, I appreciate all your assistance and cooperation with this rezoning. I was especially pleased with your favOrable comments fi'onl your Staffs report to the Planning Con1111ission to include pointing out the limiting of uses that would be allowed under this rezoning, clarification of' the tree save areas, and the clarification on the restriction of'the use of the second existing entrance on Rt. 522, which resulted in a Unanimous recom1 enclatloll for approval by the Planning Commission. We look forward to the Board of Supervisors hearing. As always, if'you have any questionS, please do not hesitate to contact me. TML:atd Enclosures cc: Metromont LLC u PROFFER STATEMENT REZONING: R/_II Rural Areas (RA) and General Business District (132) to Industrial General (N,12) PROPERTY: 44.74 Acres +/-; 'rax Map Parcels 43-A-22 and 54-A-I I ((he '`Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DA'1'E(S): September 21, 2022. September 30. 2022 The undersigned Owner hereby proffers that the use and development of the above- relerenced parcels, which are requested to be rezoned. shall be in strict conlbrmance with the following conditions. which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied firr by the Owner. these proffers shall be deemed withdrawn and shall be null and void. Further, these pr oilers are contingent upon final rezoning of the Properties with '`final rezoning" defined as that rezoning which is in effect on the day Iollowing the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If' the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day ibllowing entry of a final court order affirming the decision of the Board which has not been appealed, or. irappealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set firrth below have been prepared Corr convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the M2 district are specifically excluded as a principal use areas follows: Meat products, Grain mill products, Pats and oils. Canned and cured fish and seafbod, Fresh or frozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion 1rom manufactured to natural gas, Junkyards and automobile • • graveyards. Manufacturing or wholesaling of explosives. Allowed uses currently under the M I district are specifically excluded as a principal use as 1611ows: Canned and cured fish and scaf'ood. Fresh or frozen fish • nd scalbod Dry cleaning plants. Cesspool cleaninw. Coppersillithing. Septic tank cleaning service Sewer cicanine service. and Tinsmithing'. 2. Site Development 2.1 The Owner oCTax Map No. 54-A-11 proffers to preserve the existing mature trees Within 100' of its southeastern property line between the Properly and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit I" ("GDP"). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including. but not limited to, setbacks, buflcrs, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-I I proffers to preserve the existing mature trees along the eastern boundary of its property (75' Iron the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buflcrs, and/or screening as applicable. 'transportation 3.1 The Owner prolTers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. Iremainder of page intentionally left blank) • Respectfully submitted. KSS LC By: Its: S'I'i1"I I:/C0�1�tON\\'Iv\l: fl I OF AT LARGI: CITY/C011NTY OP to -wit: The foregoing instrument \\'aS acknowledged befire me this day of' 2022. I)v of KSS LC. NOTARY PUBLIC ,Mv commission expires: Registration ntnnber: _ NIFI ROMON'I' LLC' By: Its: 101: AT LARGE JNTYOF to -wit: The f0rewim-, instrument was acknow1c(Iged before me this _ day of 2022, 1w oI'N4I.','I'R()N'(ON'I' ITC. NOTARY PUBLIC Nly commission expires: Registration 1111111her 4 • PROFFER STATEMENT REZONING: RZ4 Rural Areas (RA) and General Business District (132) to IllclllSt'lal General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-I I (the "Properties") RECORD OWNERS: KSS. L.C. and Metromont LLC (collectively '`Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30. 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the followillg conditions, \-vllicIl shall SUpersede all other proffers oil the Properties that ilia), have been made prior hereto. I11 the event that the above -referenced M2 conditional rezoning Is not Orallted as applied for by the Owner, these proffers shall be deellled withdrawn and shall be 111.111 and void. Further, these proffers are contingent UI)011 f lllal 1'C"!_011lllg Of the PI'OI)el'tICS With "filial re7_011lllg defilled as that rezoning which Is in effect oil the day Following the last day Up011 which the Frederick County Board Of Supervisors' (the "Board") decision granting the rezoning ilia), be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning Shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, If appealed, the clay following which the decision has been affirmed Oil appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control of affect the meaning or be taken as all interpretation Of ally provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to Or including the improvement or other proffered requirement, Unless other\vise specif-led herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with IlldllStl'lal general Ialld uses consistent with the existing precast concrete mallUfaCtUl'illg faClllty located on the adjoining propertics. Allowed uses currently under the M2 district are specifically excluded as a principal use as follows: Meat products, Grain mill products, fats and oils, Canned alld Cl11'Cd fish and seafood, Fresh or Frozen fish and seafood, Wood preserving, Paper and allied products, PetrolCUnl relining and related industy, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion fl'om I11alll111Ctlll'ed to natUral gas, Junkyards and aUtOmobile graveyards, 10 0 Manufacturing or wholesaling of explosives. nllOwcd uses CUITC11d}l LIIICICI' the M I district are Specifically excluded aS a 1)1'Illclpal LISC as follows: Canned a11C1 CLII-ed fish alld SCaf0OCI, I'I'eSh of fl'ozen fish and Seafood. Dry cleaning plants, Cesspool cleaning, Coppersli11lhing, Septic tallk cleaning service. Sewer cleaning Service. and Tinsnlithing. 2. Site Development 2.1 The Owner of Tax Map No. 54-n-I I prof'lcrS to preserve the existing nlatLn'e trees within 100' 01' its Southeastern property line between the Property and the adjoining Winchester and Wcstcrn railroad tracks and residential properties in the City of Winchester. as depicted on the Generalized DevelopIllcllt Plan attached hereto and incorporated herein by rcicrencc as "Exhibit F ("GDP"). The Owner of' Tax Map No. 54-A-1 I will continue to use the existing internal access traversing the above -described area. Nothing Stated herein shall be interprcted to I'CdIIce of Illodlly any and all Ileitis regUired by Ordinance, illClUding, bllt 110t limited to, setbacks. bLIffCI'S, and/or screening as applicable. 2.2 The Owner of `I ax Mal) No. 54-A- I I pI'Of fCl'S to I)I'CSCI'VC the C\ISllllg I1latLll'e tl'CCS along the eastern boundary of its properly (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields 1'OLIIldati0ll as depicted on the GDP. Nothing staled herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for Utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activitics. Iremainder of page intentionally left blank] 2 • Respectfully submitted. KSS LC By: Its: STATL/COMMONWEAL'I'll OF . AT LARGL CITY/COUNTY OF . to -wit: The foregoing insU-ument was ackno\VICdgCd before me this day of 2022. by of KSS LC. NOTARY PUBLIC My commission expires: Registration number: 0 0 METROMONI' LLC By: Its: STATE/CONIMONWEALTH OF . AT LARGE CITY/COUNT)' 01= . to -wit: The foregoing instrument was acknowledged before me this clay of 2022. by of METROMONT LLC. My commission expires: Registration IlUmber: _ NOTARY PUBLIC 4 n E THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, St rrE 200 POST OmCE Box 2740 WINfHESTER, VA 22684 TELEPHONE: (%0)665-0O50 FACSIMILE: (S40) 7224051 September 16, 2022 Mark Loring, Commission Member -Chairman Lacey Burnett, Commission Member -Vice Chair Leesa Mayfield, Commission Member Brandon Pifer, Commission Member David Ray, Commission Member Paul Richardson, Commission Member John Tagnesi, Commission Member City of Winchester Planning Commission 15 N. Cameron Street Winchester, VA 22601 Timothy Youmans, Planning Director City of Winchester 15 N. Cameron Street, 3`d Floor Winchester, VA 22601 VIA E-MAIL Dear Ladies and Gentlemen: *THOMAS MOORE LAWSON • TS 41� c0-1 gL1PU A ON1 Re: Metromont LLC Rezoning in Frederick County/Adjacent to City Neighborhood Our File No. 1477.001 Thank you for the opportunity to appear before Planning Commission and Staff at the Planning Commission's work session on September 6, 2022. As we discussed, and at the time of that presentation, photographs were being collected relating to properties in the City on Pennsylvania Avenue near the Shockey/Metromont property and other information was being assembled to address comments received to the proposed rezoning from B2 General Business District to M2 Industrial. Enclosed please find an aerial with marked locations numbered to correspond to photographs (also enclosed) which were taken from both the Shockey/Metromont property and from the side yards of specific residences along Pennsylvania Avenue. Also, please find enclosed a scale drawing which depicts the topography and confirms from the back yards of the 0 0 City of Winchester September 16, 2022 Page 2 Pennsylvania Avenue residences the ground to the west commencing with the railroad property and then further to the west the Metromont/Shockey property is much higher in elevation than the back yards of the Pennsylvania Avenue residences. What all of this demonstrates, and with photographs well presents, is that there is quite a bit of vegetation commencing along the property line, in the back yards of the Pennsylvania Avenue residences continuing into the railroad property, and there exists a significant berm of approximately 12+ feet in height, which is the base for the railroad track. Further to the west there exists still additional significant vegetation on the railroad property and also on the Shockey/Metromont property. The vegetation is a mix of types to include some vine material, the result of which is that we expect there will be significant visual screening in all seasons. As you will recall, Shockey/Metromont has proffered to maintain the tree canopy along its property line with the Winchester & Western property. Further still, given the increase in elevation from the back yards of the Pennsylvania Avenue properties through the railroad and then the Shockey/Metromont property, all of the vegetation which will remain is visually much taller to the view of the residents of Pennsylvania Avenue, creating a significant visual barrier between the Shockey/Metromont property and the City residents. Indeed the existing berm which was previously installed as part of the railroad provides a significant additional permanent buffer between the City residents and any activity on the Shockey/Metromont property. With regard to other items raised, such as any future lighting or other issues that may be created on the Shockey/Metromont property, all of those nuisance type items are addressed by existing laws and Ordinances and are not allowed to occur. It is not appropriate or lawful to proffer compliance with Ordinances and laws. However, it is important to point out that any lighting installed on the Shockey/Metromont property would need to be in compliance with County Ordinances, which would not allow any light to migrate beyond the Shockey/Metromont property line. By definition this means that any future lighting installed on the Shockey/Metromont property would not be allowed to shine onto the railroad property, let alone the properties in the City. With regard to dust, it is required to be suppressed onsite and not permitted to leave the property. You need to know there are ongoing measures in place to control same. Going forward, those obligations will remain. With regard to the viewshed/entrance corridor along Rt. 522, we enclose a photograph of the grass along Rt. 522 that exists on the Shockey/Metromont property today. Upon approval of the rezoning, it is Shockey/Metromont's intent to maintain its property in a similar fashion and also comply with all Frederick County Ordinance setback requirements from the public street, which is a requirement of the Frederick County Zoning Ordinance. The current minimum front yard setback is seventy-five (75) feet. For your convenience I enclose a copy of the relevant section of the Frederick County Zoning Ordinance that pertain to setbacks from public streets. Finally, more by way of example, this is to let you know that recently we were contacted by a resident who resides in Frederick County and whose home adjoins the existing Shockey/Metromont property. Henry Sliwinski advised there were some trees and brush on the Shockey/Metromont property line which were growing to a height causing them to overhang City of Winchester September 16, 2022 Page 3 onto his property. Immediately upon hearing from their neighbor, representatives of Shockey/Metromont met with Mr. Sliwinski in his yard. The result of that meeting is that certain trees/branches, as well as some underbrush, will be removed in the late fall/early winter (after the leaves have fallen). Much of this work will take place in Mr. Sliwinski's yard. Mr. Sliwinski advised he was pleased with Shockey/Metromont's response and thanked them. As you all know, we cannot proffer to do work on properties not owned by Shockey/Metromont, but this is to give you an example of how Shockey/Metromont takes neighbor relations seriously. Although it is hard to envision a scenario where vegetation growing on the Shockey/Metromont property could overhang the Winchester & Western property and affect residents of Pennsylvania Avenue, this is to confirm that Shockey/Metromont will respond to any questions or concerns from its neighbors. Thanks again for the opportunity to appear, present and respond to questions regarding the proposed rezoning. If, after reviewing this correspondence, there are any further questions or comments, please do not hesitate to contact me. Very TMYre Tho awson TML:atd Enclosures cc: Metromont LLC �":'�• � , .�,�. �. � <�_ dam, �.�_.',�,_�..�., i :- Vk •2 Y ►. ~.�?�-,�'• I,. .'J N fir. r MK r y � kv <t' - : a• js . tiX - k l `� 4� . ' 4'r �' � ram, y •! � y' ., ., . .1 r �r � fir' M'M'• 4f -a I,.. '` ,_ _� ^� � ,�' •'.a- � ;:rim � �•• $`. T1 - •I Vicc,•^R ��� ..l�S �i � _ R it to so Nl- A. `—. tit ti��; y � ��• J'nr Vw, 1 � � r \'• � r �. s ♦i•. r�Y •r'• • tt� f .y�'� � f A ' L� M 0 l------, - el/ /7 t '.. NEW ■■ ❑ PENNSYLVANIA AVE. X \ /ONAL DAiE 08-DD- lD— AR smmR D®W.6D R: QI/RR ]0 .D SCALE: I' SD' si I DI 1 00 of § 165-601.01. Intent. The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard industrial classification I111mbers are provided for particular LISCS to assist the Zoning Administrator in classifying LISCS. Determining whether a particular use Should be classified under a particular category remains SUblect to intupretation Oil the part Of the Zolllllg Administrator. § 165-601.02. Dimensional and intensity requirements. [Amended 12-10-2008; 11-18-2009;11-13-20131 The following table describes the dimensional and intensity regUirell1CIltS for the business and industrial districts: Requirement Front yard setback on primary Or arterial highways (feet) District 131 132 I33 OM M1 M2 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 MlllllllL1111 landscaped area (percentage oflot area) 35 15 25 15 25 15 Mazinlunl height (feet) 35 35 35 60 60* 60* *ln the MI and M2 Districts the Board Of Sl11JCl'VISOI'S may waive the sixty -foot height limitation, provided that it will not negatively impact adjacCllt LISCS. In order to consider the waiver, the applicant II1LISt SUblllit all information and adhere to regllll'C11lCIltS specified by § 165-204.28. In no case shall any StRICtUre C\cCCd 150 feet in height. § 165-601.03. Minimum landscaped area. [Amended 9-26-20121 In the B2 BLISiness General Zolllllg District, the Board Of SLIpCI'VISOI'S May require that more than 15% of the area of a site Shall be landscaped in order to I1lect the Intent Of this chapter. Additional landscaped areas may be rcgUll'Cd to CnSLII'C that all unused areas are landscaped and to improve the general appearance alld Use Of the site. In no case shall more than 25% of the Site be i'CgUired to be landscaped in the B2 BLISiness General Zolllllg District. P( 5 6 /,Oc s LEGEND T 71, THOMAS MOORE LAWSON5 P.C. *OF COUNSEL - WILLIAMS MULLEN 120 Exrmit DRfVE, &=200 PosT C,mcE box 2740 W INCII ESTER, VA 22664 •THOMAS MOORE LAWS" • TLAWSOYa WTLCX0.11 TELEPHONE: (540)665-0050 FACSIMILE: (540) 7224051 September 16, 2022 Mark Loring, Commission Member -Chairman Lacey Burnett, Commission Member -Vice Chair Leesa Mayfield, Commission Member Brandon Pifer, Commission Member David Ray, Commission Member Paul Richardson, Commission Member John Tagnesi, Commission Member City of Winchester Planning Commission 15 N. Cameron Street Winchester, VA 22601 Timothy Youmans, Planning Director City of Winchester 15 N. Cameron Street, 3`d Floor Winchester, VA 22601 Re: Metromont LLC Rezoning in Frederick County/Adjacent to City Neighborhood Our File No. 1477.001 VIA E-MAIL Dear Ladies and Gentlemen: Thank you for the opportunity to appear before Planning Commission and Staff at the Planning Commission's work session on September 6, 2022. As we discussed, and at the time of that presentation, photographs were being collected relating to properties in the City on Pennsylvania Avenue near the Shockey/Metromont property and other information was being assembled to address comments received to the proposed rezoning from B2 General Business District to M2 Industrial. Enclosed please find an aerial with marked locations numbered to correspond to photographs (also enclosed) which were taken from both the Shockey/Metromont property and from the side yards of specific residences along Pennsylvania Avenue. Also, please find enclosed a scale drawing which depicts the topography and confirms from the back yards of the City of Winchester September 16, 2022 Page 2 Pennsylvania Avenue residences the ground to the west commencing with the railroad property and then further to the west the Metromont/Shockey property is much higher in elevation than the back yards of the Pennsylvania Avenue residences. What all of this demonstrates, and with photographs well presents, is that there is quite a bit of vegetation commencing along the property line, in the back yards of the Pennsylvania Avenue residences continuing into the railroad property, and there exists a significant berm of approximately 12+ feet in height, which is the base for the railroad track. Further to the west there exists still additional significant vegetation on the railroad property and also on the Shockey/Metromont property. The vegetation is a mix of types to include some vine material, the result of which is that we expect there will be significant visual screening in all seasons. As you will recall. Shockey/Metrotnont has proffered to maintain the tree canopy along its property line with the Winchester & Western property. Further still, given the increase in elevation from the back yards of the Pennsylvania Avenue properties through the railroad and then the Shockey/Metromont property, all of the vegetation which will remain is visually much taller to the view of the residents of Pennsylvania Avenue, creating a significant visual barrier between the Shockey/Metromont property and the City residents. Indeed the existing berm which was previously installed as part of the railroad provides a significant additional permanent buffer between the City residents and any activity on the Shockey/Metromont property. With regard to other items raised, such as any future lighting or other issues that may be created on the Shockey/Metromont property, all of those nuisance type items are addressed by existing laws and Ordinances and are not allowed to occur. It is not appropriate or lawful to proffer compliance with Ordinances and laws. However, it is important to point out that any lighting installed on the Shockey/Metromont property would need to be in compliance with County Ordinances, which would not allow any light to migrate beyond the Shockey/Metromont property line. By definition this means that any future lighting installed on the Shockey/Metromont property would not be allowed to shine onto the railroad property, let alone the properties in the City. With regard to dust, it is required to be suppressed onsite and not permitted to leave the property. You need to know there are ongoing measures in place to control same Going forward, those obligations will remain. With regard to the viewshed/entrance corridor along Rt. 522, we enclose a photograph of the grass along Rt. 522 that exists on the Shockey/Metromont property today. Upon approval of the rezoning, it is Shockey/Metromont's intent to maintain its property in a similar fashion and also comply with all Frederick County Ordinance setback requirements from the public street, which is a requirement of the Frederick County Zoning Ordinance. The current minimum front yard setback is seventy-five (75) feet. For your convenience I enclose a copy of the relevant section of the Frederick County Zoning Ordinance that pertain to setbacks from public streets. Finally, more by way of example, this is to let you know that recently we were contacted by a resident who resides in Frederick County and whose home adjoins the existing Shockey/Metromont property. Henry Sliwinski advised there were some trees and brush on the Shockey/Metromont property line which were growing to a height causing them to overhang City of Winchester September 16, 2022 Page 3 onto his property. Immediately upon hearing from their neighbor, representativ Shockey/Metromont met with Mr. Sliwinski in his yard. The result of that meeting is that t trees/branches, as well as some underbrush, will be removed in the late falUearly winter (af leaves have fallen). Much of this work will take place in Mr. Sliwinski's yard. Mr. Sli, advised he was pleased with Shockey/Metromont's response and thanked them. As you all we cannot proffer to do work on properties not owned by Shockey/Metromont, but this is t you an example of how Shockey/Metromont takes neighbor relations seriously. Althoug hard to envision a scenario where vegetation growing on the Shockey/Metromont property overhang the Winchester & Western property and affect residents of Pennsylvania Avent is to confirm that Shockey/Metromont will respond to any questions or concerns fn neighbors. Thanks again for the opportunity to appear, present and respond to questions reg the proposed rezoning. If, after reviewing this correspondence, there are any further quest comments, please do not hesitate to contact me. TML:atd Enclosures cc: Metromont LLC Pogo 1 J, Pogo 7 .PG 2 Pogo 3.PG Pogo .P 4 G • rag, 5 PG Pogo 6 iG Pogo 7 FG 7 Pogo 6 FG 6 Pogo fl.FG fl mgo Legend © Photo Location Tax Map Parcels Metromont Existing M2 Parcels Metromont Proposed M2 Parcels Winchester Limits -+--•— Railroads .ic• f� faro v - No 54 A 12 •' k T LU W 0 O� Cr z ,koo <z zLI Zo oCr Cr m = G m wZ U + K p < U o O K - < > m b CrZow u U oc_n _ � G u > U 4k z o ?G • Feet R 200 0 200 LI Photo 1: Pennsylvania Ave., view facing Metromont Property Photo 2: Pennsylvania Ave., view facing Metromont Property �i GREENWAY 0 El Photo 3: Pennsylvania Ave., view facing Met romont Property Photo 4: Pennsylvania Ave., view facing Metromont Property �i GREENWAY • C7 Photo 5: Metromont property, view facing Pennsylvania Avenue Photo 6: Metromont property, view facing Pennsylvania Avenue OF% %i GREENWAY • • Photo 7: Metromont property, view facing Pennsylvania Avenue Photo 8: Met romont property, view facing Pennsylvania Avenue �s GREENWAY • • Photo 11 Metromont property, view facing Pennsylvania Avenue Photo 12: Metromont property, view facing Pennsylvania Avenue /% %i GREENWAY 'A'al I IRV 1; Tit 7-- . NA. V- rE, The following tables describe the business and industrial zoning districts in Frederick Count-v. the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classif}-ing uses. Determining n•liether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning administrator. § 165-601.02. Dimensional and intensity requirements. [Amended 12-10-2008; 11-18-2009;11-13-20131 The following table describes business and industrial districts: Requirement Front yard setback on primary or arterial highways (feet) District ]31 132 B3 ONI 311 M2 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 60* 60* *In the MI and M2 Districts the Board of Supervisors may waive the sixty -foot height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case shall any stricture exceed 150 feet in height. In the B2 Business General Zoning District the Board of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this chapter. additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. In no case shall more than 25% of the site be required to be landscaped in the B2 Business General Zoning District. From: Timothy Youmans <Timothy.Youmans @winchesterva.gov> Sent: Friday, September 16, 2022 4:38 PM To: Thomas Moore Lawson, Esq. Subject: RE: Metromont Rezoning - Frederick County Ty, Thank you for providing this follow-up correspondence. I have forwarded it along to the members of the City Planning Commission. The photos and cross-section exhibits help to better understand the vertical relationship between the Pennsylvania Avenue home lots and the site of the proposed rezoning request. The setbacks standards contained in the Frederick County Zoning Ordinance are also informative. While the standards identify a 75-foot building setback, I would be curious to know what the minimum pavement setback is to get a better sense of how close to Rte 522 any trailers or stacks of finished product could be to the public right-of-way. We regard to the street buffer, I would hope that the one large mature sycamore tree near the N Frederick Pike frontage situated north of the existing site entrance could be preserved even if it is situated further back into the site than what the minimum landscaped buffer width would be. For your information, City Planning Commissioner Leesa Mayfield will be serving as City liaison to the September 21' County Planning Commission meeting where this request is scheduled for public hearing. Thanks, Tim From: Thomas Moore Lawson, Esq. <dawsonPLSPLC.COM> Sent: Friday, September 16, 2022 2:09 PM To: Timothy Youmans <Timothy.Youmans(cpwinchesterva.eov> Subject: Metromont Rezoning - Frederick County Tim, Thanks again for allowing me to appear at the Planning Commission work session. As promised, attached is follow-up correspondence. As you know, this matter will be in front of the Frederick County Planning Commission at its next scheduled meeting, which is September 21, 2022. If you do not mind, please send this letter to the Planning Commission members. I looked online and could not find e-mail addresses for them. Thank you. 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(alsolc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attomey/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. • • THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE.: (540) 722-4051 October 24, 2022 Wyatt Pearson, Director of Planning Frederick County Planning Department North Building, 2nd Floor 107 North Kent Street Winchester, VA 22601 'TIIOAIAS MOORE LAWSON • TI.ASVSON LSPLC.COA1 Re: Metromont LLC Rezoning REZ 08-22 Our File No. 1477.001 VIA E-MAIL Dear Wyatt: In furtherance of your correspondence with Chris Molm, enclosed please find a Request to Postpone action on the above -referenced application until the next Board of Supervisors meeting of November 9, 2022. This is also to confirm my understanding from your correspondence that no fee is due for this request because we are postponing the hearing to November 9th. Thank you for your attention to these matters. If you have any questions, please do not 6-gitnte to nnntnet me. TML:jk Enclosure cc: Metromont LLC KSS, L.C. Request for Irostponement or to Table a Development Application County of Frederick, Virginia Frederiel< Planning, Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 5,10-665-5651 Date: 10/24 /2022 Application Number. REz08_22 In connection with the development application known as ivtetromont 1 hereby request I month/day (circle once) postponement of the Planning Commission / Board of Supervisors' consideration of the application to the Board of Supervisors' November 9, 2022 hearing. Please be adVISCd that this is a Voluntary request on my part, and I will not contest file fact that the Planning Commission may not make a recommendation to the Board of Supervisors within 100 days, as is otherwise required by Section 15.2-2285(B) of the Code of Virginia, to the extent that any delay is the result of the postponenlent/tabling per this request. if this is a rezoning matter, 1 also will not contest the fact that the Board of Supervisors may not act on Illy application within one year, as is otherwise provided by Section 15.2-2286(A)(7) of the Code of Virginia and Section 165-1 1 of the County Code, to the extent that any delay is the result of the postponenlent/tabling per this request. I acknowledge that the Planning Commission / Board of Supervisors are not obligated to grant the postponement / tabling which 1 have requested. 1 also understand that if my request is granted and if the Cormty has already incurred a Financial obligation for advertising the matter for public hearing/meeting, a S500.00 fee is clue and shall be promptly paid to the Department of Planning and Development. This fee covets the County's additional costs incurred in publishing advertisements of the rescheduled public licaring/mecting datc(s), which advertisements arc required under state law. Sincerely, Al eft SS, L.C. ' � 1vlctromont LLC By: Father nc Solenberg;er, Manager By: Chris Pastorius, Vice President and General \7anagcr ff applicaw is other than Owner, the Sj)eciul Limited Power ol'Atlo•ney Farm roust be submitted with this application. 10 PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres A-/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022, October 12, 2022 The undersigned Owner hereby proffers that the use and devclopment of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay upon which the Frederick County Board 01' Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The f'-m-perties-portioil of the Property known as Tax Map No. 43-A-22 shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the M2 district are specifically excluded as a principal use as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or fi•ozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion from 4 6 0 manufactured to natural gas, Junkyards and automobile graveyards, Manufacturing or wholesaling of explosives. Allowed uses Currently under the M 1 district are specifically excluded as a principal use as follows: Canned and cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning plants, Cesspool Cleaning, Coppersmithing, Septic tank cleaning service, Sewer cleaning service, and Tinsmithing. 1.2 The portion of the Property known as Tax Map No. 54-A-1 1 shall be developed with industrial general land uses consistent with the Cxistin�,' precast nlanufacturillg Facility located on adjoining properties and shall be restricted to the fbllowin , t� lses: o Offices and storage facilities for buildills, construction contractors, heavy construction contractors, and special trade contractors (SIC 15, 16, 17 and such otlicr dcsignations for the aforementioned activities and SICs as may be utilized by Frederick CoLulty in the futUl'C). o Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast C011C1'CtC Ill Z11111faCtUl-ing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winclester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit I" ("GDP''). The Owner of Tax Map No. 54-A-1 I will continue to use the existing internal access traversing the above - described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 1 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. 4. Fire and Rescue 2 6 • 4 1 The Owner proffers to make a one-time payment to Frederick County for the purposes of' fire and rescue services in the amount of $0.10 per square foot of any future building constructed on the I'ropa•ty. [remainder of page intentionally left blank] Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this clay of , 2022, by , of KSS LC. My commission expires: Registration number: NOTARY PUBLIC rd METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by of METROMONT LLC. NOTARY PUBLIC My commission expires: Registration number: 5 PROFFEIZ STATEMENT REZONING: RZ# RUral Areas (RA) and General BLISIl1CSs District (132) to lll(ILIStI'lal General (M2) PROPERTY: 44.74 Acres 1-/-: Tax Map Parcels 43-A-22 and 54-A-I 1 (the "Properties") RECORD OWNERS: KSS. L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26. 2022 REVISION DATE(S): September 21, 2022, September 30. 2022. October 12, 2022 The undersigned Owner hereby profTers that the use and development of' the above - referenced parcels, which are requested to be rezoned, shall be in strict coil lormance with the Iollowing conditions. Which Shall supersede all other prof let's oil the Properties that may have been made prior hereto. Ill the event that the above-1derenced M2 concllllonal rezoning Is [lot granted as applied for by the Owner. these proffers shall be cleemed withdrawn and shall be Mill and void. FUrther, these proffers are ContillgCllt LII)011 Illlal 1'CZ011111g Of tllC PI'opCl'tieS With "f Illal I'C7_011111g defined as that rezoning which Is in effect oil the clay following the last day LII)oll which the Frederick County Board of Supervisors' (the "Board") cecision granting the rezoning may be contested in the appropriate Colll't. If the Board's decision is contested, and the Owner elects not to submit development plallS Ulltll SLICII contest Is resolved, the term rezoning shall include the day following entry oI a fIIIal C01111 order aIfII'ming the c1CCISlon of the Board wllich has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control of aIIect the meaning of be taken as all interpretation of ally provision of the proffers. The improvements profTered herein shall be provided at the time of' development of' that portion of the Properties adjacent to Or including the inlprovenlent 01, other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all futLu'C owners and successors in interest. Land Use 1.1 The portion of the Property known as Tax Map No. 43-A-22 shall be developed With industrial general land uses consistent with the existing precast concrete mallllfaCtlll'lllg faClllty located on the adjoining properties. Allowed IISCS Cll1'1'Clltly under the M2 district are specifically excluded as a principal use as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or frozen fish and seafood, Wood preserving, Paper and allied products, PetrolCUIll refining and I'Clatcd II1cILIStl'y, Leather and ICatllCl' pl'OdUcts, Asbestos 0 • products. Primary metal industy, Gas systems contract conversion from manufactured to natural gas, Rill kyards and automobile graveyards, N,IanufaCtLll'lllg Or wholesaling of' explosives. Allowed uses Currently under the MI district are specifically excluded as a principal use as follows: Canned and Cured fish and seafood. Fresh or frozen fish and scafood. Dry cleaning plants, Cesspool cleaning. Coppersmithing, Septic tank cleaning service, Sewer cleaning service, and TII smithing. 1.2 The portion of' the Property known as Tax Map No. 54-A-I I shall be developed With industrial general land uses COIISIStCIIt with the existing precast mallUt',10111'lllg facility located on adlollllllg properties and shall be restricted to the following uses: • Offices and storage facilities for bLllldlllg COIISII'LICti011 contractors, heavy COl1Stl'LICtiOII contractors, and special trade contractors (SIC 15, 16. 17 and SLICII other designations for the aforementioned activities and SICs as Illay be utilized by Frederick County in the future). • Outdoor Storage • Tractor Truck and Tractor Truck Trailer Storage accessory to the existing precast concrete mallL1faCtLII'lllg facility located on the adloi i properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 1 prof'icrs to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of' Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by ref'erencc as "Fxhibit F ("GDP"). The Owner of Tax Map No. 54-A-I I Will Continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce of modify any and all items rcquired by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-1 I proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adlollllllg property owned by the Shenandoah Valley Battlefields FOLllldatloll as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of' the two existing entrances to the parcel fronting oil Rt. 522 of the Property Shall be Used oil a restricted basis for Utility access and service and shall not be Used by the Owner as part Of Its M2 clay -to -day operational activities. 7 0 0 4. Fire and Rescue 4.1 The Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot orally Iliture building constructed on the Property. [remainder of page intentionally Icft blank] • • Respectiully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF . AT LARGE CITY/COUNTY OF . to -wit: The foregoing illSt1'Uillellt was acknowledged before Ale this clay of 2022, by of' KSS LC. NOTARY PUBLIC My commission expires: Registration number: _ 0 IvIETROMONT LLC By: Its: STATE/COMMONWEALTH OP , AT LARGE, CITY/COUNTY OP . to -wit: The foregoing insUlument was acknowledged before nle this day of 2022. by ol'METROMONT LLC. NOTARY PUBLIC My Commission expires: Registration number: • • THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLLN 120 ESETF,R DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELENIONE: (540) 665-0050 FACSIMILE: (540) 722-4051 September 30, 2022 Wyatt Pearson, Director of Planning Frederick County Planning Department North Building, 2nd Floor 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Deal- Wyatt: *T11011AS IN100RF, LA\VSON •'I'LAR'SON(a LSPLC.CO�I Re: Metromont LLC Rezoning Our File No. 1477.001 Thank you again for our discussions regarding the Metromont rezoning and your recommendations with regard to the proffers. I have met with the client and they have agreed to make the majority of the edits to the proffers to further confirm that the tree save areas are in addition to all ordinance requirements, which would include any new development, site plan submittal, setbacks, landscaping, screenings, etc. As you know, there is no current plan for such development, but when it occurs in the future, all State and local ordinance and regulatory requirements will be satisfied. Secondly, with regard to your suggestion that perhaps Metromont should agree to proffer that the zoning should only allow for those activities that Metromont/Shockey is currently using as opposed to agreeing to proffer out certain uses that are currently allowed by right in M2 and M1, again, I met with my client and they believe it would be better to do as we did before the Planning Commission and agree not to pursue still additional uses by way of a proffer amendment. I do understand that at first blush it seems easier for a party seeking to rezone to simply ask for only those items that it immediately intends to pursue with its property. As you know, however, proffers do run with the land and remain as a restriction on what uses can be installed on the land unless and until some future Board of Supervisors' vote in favor of a proffer amendment. Frederick County ordinances have always specified those uses which can be developed within specific zoning categories and, as I have experienced, those uses have been modified by ordinance amendments over the years. I understand that Frederick County Staff is 52 Wyatt Pearson, Director oRlanning September 30, 2022 Page 2 currently looking at updating yet again its ordinances and specifically the industrial uses in M2 and M1. Certainly as Frederick County goes through that process and updates its ordinances, this property (assuming it is zoned as requested to M2) will be subject to any ordinance changes. By proceeding in this manner, this property will be able to be used for the Metromont/Shockey operation and it will also be available for such future uses that the current or future property owner may wish to expand into, again subject to the then allowed uses in the M2 and M1 categories. Further, it has been suggested that one of the reasons to restrict the uses in this proposed rezoning is there may be impacts that may come from some of the by right uses in M2 and MI. As stated above, the ordinance is updated and amended by the Board of Supervisors. If there are perceived impacts then the ordinance amendments can address the same and place conditions (if warranted) on certain uses that may continue to be allowed in M2 and MI. Additionally, I believe it is important to point out that simply because a party has the right to pursue a use as permitted under a zoning ordinance that in no way provides them with a pass or an ability to skirt not only County ordinances, but also State and Federal ordinances, regulations or rules that pertain to the proposed activity. Indeed, there are numerous regulations that impact all development, but especially industrial today and, if history teaches us anything, I strongly suspect there will be still additional regulations imposed upon industry going forward. As such, those very impacts that are being thought of today are most likely already addressed by County, State and Federal regulations, and as we go forward in time then perhaps there will be a thought of developing the Metromont/Shockey property and they will be faced with even stricter County, State and Federal regulations. With all of this said, I do submit that concerns about future impacts will be addressed. Again, I appreciate all your assistance and cooperation with this rezoning. I was especially pleased with your favorable comments from your Staffs report to the Planning Commission to include pointing out the limiting of uses that would be allowed under this rezoning, clarification of the tree save areas, and the clarification on the restriction of the use of the second existing entrance on Rt. 522, which resulted in a unanimous recommendation for approval by the Planning Commission. We look forward to the Board of Supervisors hearing. As always, if you have any questions, please do not hesitate to contact me. TML:atd Enclosures cc: Metromont LLC 53 PROFFER STA'TENIENT REZONING: RZI/ Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (tile "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022 The undersigned Owner hereby proffers that the use and development of the above- refercnced parcels, which are requested to be rezoned, shall he in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have becn made prior hereto. In the event that the above-refcrcnccd M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit dcvclopmcnt plans until such contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the mcaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its mcaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the N42 district are specifically excluded as a principal use are -as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or frozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion from manufactured to natural gas, Junkyards and automobile 54 ,7 • graveyards, Manufacturing or wholesaling of explosives. Allowed uses currently under the M1 district are specifically excluded as a principal use as follows: Canned and cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning_ plants, Cesspool cleaning, Coppersmithing, Septic tank cleaning service, Sewer cleaning service, and Tinsinithing_ 2. Site Development 2.1 The Owner of Tax Map No. 54-A-1 l proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. [remainder of page intentionally left blank] 55 • 1] Respectfully submitted, KSS LC B y: Its: STATE/COMMONWEALTII OF , AT LARGE CITY/COUNTY OF , to -wit: The ibregoing instrument was acknowledged bel'ore me this day of' 2022, by of' KSS LC. NOTARY PUBLIC My commission expires: Registration number: _ 56 • METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2022, by of METROMONT LLC. NOTARY PUBLIC My commission expires: Registration number: _ 57 0 • PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-i 1 (the "Properties") RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: August 26, 2022 REVISION DATE(S): September 21, 2022, September 30, 2022 The undersigned Owner hereby proffers that the use and development of' the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" clefined as that rezoning which is in effect on the day following the last clay upon which the Frederick County Board of Supervisors' (the "Board") cecision granting the rezoning may be contested in the appropriate court. If' the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of' a final court order al'firming the decision of' the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The Improvements proffered herein shall be provided at the time of development of' that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. Allowed uses currently under the M2 district are specifically excluded as a principal use as follows: Meat products, Grain mill products, Fats and oils, Canned and cured fish and seafood, Fresh or fi-ozen fish and seafood, Wood preserving, Paper and allied products, Petroleum refining and related industry, Leather and leather products, Asbestos products, Primary metal industry, Gas systems contract conversion from mamlfacturCd to natural gas, Junkyards and automobile graveyards, 58 Manufacturing or wholesaling of explosives. Allowed uses currently under the M 1 district are specifically excluded as a principal use as follows: Caroled and cured fish and seafood, Fresh or frozen fish and seafood, Dry cleaning plants, Cesspool cleaning, Coppersmithing, Septic tank cleaning service, Sewer cleaning service, and Tinsmithing. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees within 100' of its southeastern property line between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. Nothing stated herein shall be interpreted to reduce or modify any and all items required by Ordinance, including, but not limited to, setbacks, buffers, and/or screening as applicable. 3. Transportation 3.1 The Owner proffers that the western -most of the two existing entrances to the parcel fronting on Rt. 522 of the Property shall be used on a restricted basis for utility access and service and shall not be used by the Owner as part of its M2 day-to-day operational activities. [remainder of page intentionally left blank] 2 Wo 0 • Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this clay of , 2022, by of 1<SS LC. NOTARY PUBLIC My commission expires: Registration number: _ METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acluiowledged before me this day of , 2022, by of METROMONT LLC. My commission expires: Registration number: NOTARY PUBLIC 11 1.1 40 0 PROFFER STATEMENT REZONING: RZ4 Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: RECORD OWNERS ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") KSS, L.C. and Metromont LLC (collectively "Owner") August 26, 2022 The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees within the 100' buffer along its southeastern property line as a screen between the Property and the adjoining Winchester and Western railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit 1" ("GDP"). The Owner of Tax Map No. 54-A-1 1 will continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees along the eastern boundary of its property (75' from the property line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder of page intentionally left blank] Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by , of KSS LC. NOTARY PUBLIC My commission expires: Registration number: 0 r� u METROMONT LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by of METROMONT LLC. My commission expires: Registration number: NOTARY PUBLIC 9 0 PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) and General Business District (132) to Industrial General (M2) PROPERTY: 44.74 Acres +/-; Tax Map Parcels 43-A-22 and 54-A-1 1 (the "Properties") RECORD OWNERS: KSS LC and Metromont LLC (collectively "Owner") ORIGINAL DATE OF PROFFERS: 2022 REVISION DATE(S): The undersigned Owner hereby proffers that the use and development of the above - referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced M2 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any =preffeiled-cen o l pi -even, the owii . fem eenf•)rniimg with State an kedei-al i-egtliiitli}":• .Timm —of' �nsidLfCti 11"]I]I a;1e1 N-o„d—The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. l . Land Use 1.1 The Properties shall be developed with industrial general land uses consistent with the existing precast concrete manufacturing facility located on the adjoining properties. 2. Site Development 2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature mstm trees within the 100' buffer along its southeastern property line as a screen between the Property and the adjoining Winchester and Western rX railroad tracks and residential properties in the City of Winchester, as depicted on the Generalized Development Plan attached hereto and incorporated herein by reference as "Exhibit l" ("GDP"). The Owner of Tax Map No. 54-A-11 will continue to use the existing internal access traversing the above -described area. 2.2 The Owner of Tax Map No. 54-A-11 proffers to +maintain —preserve the existing mature trees along the eastern boundary of its property (75' from the property line) as a screen between the Property and the adjoining property owned by the Shenandoah Valley Battlefields Foundation as depicted on the GDP. [remainder of page intentionally left blank] 2 0 Respectfully submitted, KSS LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by of KSS LC. NOTARY PUBLIC My commission expires: Registration number: _ METROMONT LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of , 2022, by of METROMONT LLC. NOTARY PUBLIC My commission expires: Registration number: 4 • • Tyler Klein From: Wyatt Pearson Sent: Wednesday, November 9, 2022 9:26 AM To: Tyler Klein Subject: FW: Metromont Correspondence Attachments: Metromont Rezoning Nov 22 Ty Lawson (005).pdf Importance: High Wyatt Pearson, AICP Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Ann Phillips <ann.phillips@fcva.us> Sent: Wednesday, November 9, 2022 9:25 AM To: Michael Bollhoefer <michael.bollhoefer@fcva.us> Cc: Jay Tibbs <jtibbs@fcva.us>; Rod Williams <rwillia@fcva.us>; Wyatt Pearson <wyatt.pearson@fcva.us> Subject: Metromont Correspondence Importance: High Mr. Chairman and Board Members, Please see the correspondence below from Wyatt Pearson. Ann W. Phillips Deputy Clerk, Board of Supervisors County of Frederick 107 N Kent St . Winchester, VA 22601 540.722.8273 Bcc: Board Members Mr. Chairmen and Board members, The attached correspondence seems to have been sent to select Board members by the Metromont rezoning legal representation. To ensure all Board members receive the same level of information the County administrator advised I pass this along to all of you. Further, there are some factual inaccuracies I feel compelled to address in my bullets below. Exhibits A, B, and D are the standard State Code required notification process, and nothing in those notices was modified for the Metromont application specifically. Staff chose to represent the Winchester City residents along Pennsylvania Ave as adjoining property owners because the applicant originally identified them as adjoiners, and they were separated from the property by only a railroad right-of-way (so we erred on the side of more transparency). 0 0 gos (IIc,IZ2 • Only the two adjoiner IeOS required by State Code were sent to tify residents of the Planning Commission and Board public hearings. • Frederick County Planning staff does not distribute applicant's presentation materials to citizens unless requested. • Conversations that involved the district supervisor and me seem to be mischaracterized. • Staff's concerns continue to be that the applicant only studied using the property for tractor -trailer parking and outdoor storage. Current draft proffers allow for additional M2/M1 uses that could create unmitigated impacts. Respectfully, Wyatt Pearson, AICP Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 • 0 This Is t0 provide YOU With a I11C1110 that Walks the Board tlll-OL1gIl the rezoning application for Metromont/Shockey. As YOU all knoll, Metromont/Shockey has a contract to purchase approximately +/- 20 acres identified as PIN 443-A-22 from KSS, L.C. (Katherine SOIC11berger) and has filed all application to rezone it from RA to M2 and to rezone approximately +/- 24 acres of land that Metromont/Shockey has owned and used for many decades from B2 to M2, identified as PIN #54-A-1 1. The reasoning for the acquisition Of the one tract and the rezoilings is to allow for the continued operation of Metromont/Shockey and also to allow for the creation of desirable M2 zoned property for future use/development in Predericl< County. The pre -submission meetings and discussions With Stafr and reviewing agencies for this one hundred year old Frederick County business were benign, Unremarkable and very positive at first. It was interesting, however, during those discussions that Frederick County Staff and VDOT discovered there are two existing concrete entrances for Rt. 522 on the currently zoned B2 property. Those entrances were installed some years ago With all modern improvements to include stop signs and striped decel- and turn -lanes. For the -1-/- 20 acre parcel, which is bound by Metromont/Shockey, Cives Steel and Rt. 37, the only road access is across the Metromont/Shockey property to Stine Lane, which is the existing entrance for Metromont/Shockey. There were some discussions in the pre -submission meetings about potential traffic impacts from property zoned to M2, but Metromont/Shockey's traffic engineer pointed out that, in fact, changing from B2 to M2 per the VDOT traffic manual Would decrease potential trips approximately five -fold from what WOUld otherwise be allowed by right Ill a B2 zone. Further, it was pointed out that for the +/- 20 acre parcel the only access was through the existing Metromont/Shockey parcel to Stine Lane. It was also pointed Out that Metromont/Shockey's loads are for the vast majority permitted loads which means they are restricted by the most restrictive requirements, the State's Department of Transportation, Over which the loads are carried. What the permitted loads typically require are prescribed travel times. These are loads that sometimes have flag cars escorting the load to the jobsite. Finally, the permitted loads have restrictions for complicating traffic factors, such as weather, and the loads are not allowed to leave the site unless the weather conditions are satisfactory. As a result Of these factors, the impacts of traffic were never an issue. There were also discussions in the reviewing agencies' comments and meetings with neighbors that I-CSlllted ill the confirmation that there WOUld be a matUIT tree save area along the common boundary with the Shenandoah Valley Battlefields I-�01,111dat1011 property and also along the Winchester & Western railroad tracks property line because there were residential properties on the east side of those tracks. Those residences, which hC ill the City of Winchester and are not adjoining property owners, were taken into consideration as part of the proffered mature tree save area. Oil Or abOUt ALIgUst 26, 2022, Applicant's engineer Was given Notice Of comments relating to the rezoning from Tim YOLmlans, Planning Director of the City of Winchester. Those comments Were delivered or scheduled to be delivered to the City of Winchester Planning Commission at its work session dated September 6, 2022. COLlnsel I'or Applicant appeared at that work session and responded t0 questions from the Planning Commission members regarding viewsheds from I 0 0 the City residences. It was also noted during that meeting that complaints abOLlt Ivletromont/Shockey were very much unexpected because the understanding Of the existing VP & GM — Virginia Operations from his 4+ year tenure at the plant is that there had been only one neighbor complaint dLll'illg that time. Interestingly that complaint was from a City resident who lived several blocks away fl'011l the property and not Oil Pennsylvania Avenue. Further, in diSCLISSiOlIS With IOIIg-tCl'lll elllployees, it was noted that there have been no neighbor complaints for over a decade, if not longer. At the Frederick County Planning Commission hearing on September 21, 2022, Staff had previously presented the Planning Commission with all Unsatisfactory report recommending against the rezoning application despite the proffers that had been filed agreeing to mitigate impacts with the neighbors and also agreeing to lilllit the Use Of the western -most entrance oil Rt. 522 to satisfy VDOT. However, at the Planning Commission hearing after reviewing in earnest Metromont/Shockey's proffers, Staff verbally changed Its recommendation and spoke favorably of the rezoning and recommended approval. YOU Should know there was some stir at the Planning Commission meeting and, in fact, a petition was presented which was purportedly signed by property owners in the City of Winchester objecting to the rezoning and citing complaints Of iSSLICS associated with the existing Metromont/Shockey plant. This petition literally came out of nowhere and was quite a surprise to the Applicant. It seemed odd, therefore, that out of the blue and just prior to the Frederick County Planning Commission hearing there were complaints from the neighbors. It was later learned that the reason for the petition was that the attached notification Of pUbl1C leafing (Exhibit A) was sent by Frederick County Planning and Development to the list of attached City residents (Exhibit B) advising these City Of Winchester lion -adjoining property owners Of the Planning Commission pUblic hearing and, further, CIICOLII'agillg citizens to make comment. In all my years working land use cases I have never seen a follow-up Or Successive notification of a public hearing beyond what is required by ordinance being sent by local government. Nevertheless, this explained the petition. At the Plallllillg Commission hearing, COLInsCI for Metromont/Shockey presented the attached slide presentation (Exhibit C), which was the Sallie slide presentation that had been delivered to the City o1' Winchester Planning Commission and Planning Director Oil September 16, 2022, and Confirmed the vicwslieds fl'om the City residences would not be adversely affected and, in fact, would remain intact and be protected. It is important to point OLIt that the City Of Winchester Planning Director, as well as 50111E members Of the City Of Winchester Planning Commission, thanked the Applicant Im- this presentation and demonstration Of viewshed protection. It was also pOiiltCd OUt at the FNCICI'iCk COL111ty Planning Commission meeting that In response to these Most I'CCCIlt pLlbhC comments MetI'Omont/Shockey had changed its policies to include running water trucks On an every workday basis, increasing the number of times the main driveways are swept by an industrial Sweeping truck from 3 times per week to 5 times per week, and also updating its back-up alarms to include sensors so the back-up alarms would not emit at a constant decibel level, but rather the decibel level varies depending on the noise level near the piece of equipment. Again, all of these measures were met with gratitUde from the City Of WIIIChCster personnel and Planning Commission. This Sallie presentation was delivered to Frederick County Staff. Curiously, when the City Of Winchester residents contacted the Frederick County Planning Department with questions about the rezoning they were not given this presentation or any of the related information. PA ! 0 Nevertheless, and after the presentation to the Planning Commission, the Planning Commission Una11i1110LISly recommended the rezoning be approved for both parcels and several of the Planning Commission members expressed strong positive comments and Stated the M2 zoning was a good use for both the properties being submiacd for rezoning. With that accomplished, MCtrorrioilt/Shockcy believed It had satisfied all reviewing agencies and residents, even those who were not adjoining property owners. However, Frederick County Planning Staff, after having delivered a staff report with a favorable reconmlendation, did issue a last I11111LIte revised report wherein it stated to the Board Of' Supervisors that its favorable recommendation was made in error and "the M2 zoning Without restricting the development of the properties to only pre -cast manufacturing, outdoor storage, and tractor trUck trailer parking C011ld have a siRnlflcant negative impact oil adjoining rCSldential LISCS..." WithOLIt CI1LImerating or identifying what significant impacts there may be. Once again there was great surprise on the part of the Applicant that there were residents of the City of Winchester who appeared at the October 12, 2022 Board of SLIpCCVIS01'S plibllc licaring in opposition to the rezoning application. After Subsequently reviewing Frederick County Planning Staff's File, it was discovered that, in fact, on September 28, 2022 Frederick County Planning Staff did send yet another notification of public hearing to the list of City residents advising them of the Board of Supervisors public hearing (Exhibit D). That notification was the same as the first and "strong encouraged" City Of Winchester rcSidcilts t0 appear and comment. Upon inquiry by Counsel for the Applicant, it was confirmed that these residents Were never offered or given copies of any of the presentation materials prepared by the Applicant pertaining to viewshed preservation, the proffered mitigation of the proposed rezoning to include mature tree save areas, the proffer to eliminate certain by right M2 uses from any future activities on the property, Or efforts undertaken by Mctromont/Shockcy to mitigate its existing operations including the water trucks' back-up alarms, etc. At the Board Of Supervisors hearing On October 12, 2022, the matter Was tabled despite the fact the proffers were revised yet again to reduce uses and activities on the rezoning property at the request of the District Supervisor and Planning Director. The Applicant was advised those revised proffers restricting uses were not quite Sufficient to satisfy the latest comments from the District Supervisor and Planning Director. Interestingly, on October 5, 2022, Metromont/Shockcy received a call fr0111 the COLInty Engineer to discuss a land disturbance complaint that had been made by some anonymous party. Based on that complaint there Was a Illectlllg onslte and ail inspection by the Frederick COLInty Engineer. The result Of that inspection and Illectlllg confirmed there Was 110 UnaLithOrized land dlSlurbancc or any other violation of Frederick County ordinances. Subsequent to the Board Of Supervisors hearing and on October 18, 2022, on ail al1011ymOLIS complaint, David Taylor from the Virginia Departlnent of Environmental Quality (DEQ) contacted and met with Metromont/Shockcy at the Mctromont/Shockey site to address complaints alleging air and Water issues associated with its plant. Mr. Taylor was very professional, walked the entire property with representatives of Metromont/Shockey, and examined all the items that had been brought to his attClltioll, IllClllding all allegation there Were stormwater issues associated with the site. Mr. "Taylor reported to representatives of 3 Metromont/Shockey that lie saw nothing of concern to him and that Metromont/Shockey was ill full Compliance with Its stormwater IICI'llllt. SLIffICC It to Say, SIibSCgLlCllt t0 fillllg this I'CZ011illg Metromont/Shockey has received all inordinate amount of attention. There have been SubsegLlCllt inectingS and diSCLISSiOIIS IIIVOIVIIIg the Frederick COLlllty Planning Director and District SLIpCI'VISOI'. What has been conveyed t0 the Applicant tlll'OLlgll thOSC discussions is the District Supervisor will not vote to approve a rezoning from B2 to M2 on the southern -most parcel unless the activities are restricted to three bulleted and specifically set forth uses in the revised proffers. There were initial discussions that a rezoning t0 M2 Oil the northern parcel would be acceptable to the District Supervisor provided certain uses such as tinsmithing, processing of fish, etc. were deleted, but subsequent discussions revealed the District Supervisor was not accepting of those revisions to the uses and that instead she wanted the uses to be restricted to only those activities of the existing Metromont/Shockey operation. During the discussions it was pointed out if those restrictions were accepted and in the future there was a desire to convey some land to the adjoining Cives Steel, before Cives Steel Could operate On the properly it would have to go through a successful rezoning to allow for said operation. The response to that statement was that was a correct interpretation and was all intended restriction Of the uses by the District Supervisor and Planning Director. What is before you are revised proffers that significantly restrict the use Of the 1)1-01)cl'ty On the southern portion (current B2 being rezoned to M2) and also apply restrictions on the northern property to eliminate uses that the Applicant had previously been advised were deemed to be noxious or not desirable, which would allow for broader M2 useS to be put into operation on that property if they were deemed desirable to the pl'Opcl'ty OWllCl' ill the future. In the latest conversation with the District Supervisor and Planning Director, Such a zoning to M2, albeit restricted as set forth in the proffers, is not to the Planning Director's and District SL1pCl'VISOI''S liking and the District Supervisor would not Vote in favor of the rezoning unless all useS Cxcept for precast useS were proffered out. After you have reviewed this, please let me know when YOU are available for a Call or meeting to discuss the rezoning. 4 • Cl - COUNTY of FRCDCRICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 7, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1/08-22 FOR ME'TROMONT On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 21, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North I<ent Street, Winchester, Virginia to consider the following application: Rezoning #08-22 of Metromont submitted to rezone -F/- 20-acres (north parcel, PIN #43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south parcel, PIN #54-A-1 1) from the 132 (Business General) District to the M2 District with proffers for a total of 44.72-acres. "file proposed rezoning seeks to enable the expansion of an existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item arc strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/PCMectings (Click on eComment for the September 21, 2022, meeting). Email to County staff at kvacchio a fcva.us or sconner@fcva.Lis Mail to Planning Department — September 21, 2022, Public I-Iearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the how's of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMMinLIs. Sincerely, M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 EXHIBIT A CITY OF WINCHESTER ADJOINERS OWNER NAME MAILING ADDRESS MAILING CITY A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER DAVE HOLLIDAY RENTALS 120 W JUBAL EARLY DR, STE 10. WINCHESTER DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER RILEY SAMMY LJR 829 PENNSYLVANIA AVE WINCHESTER CROSEN VERMONTJR 827 PENNSYLVANIA AVE WINCHESTER LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER NEWLIN WILLIAM H 81S PENNSYLVANIA AVE WINCHESTER MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER BICKERTTAMMY M 801 PENNSYLVANIA AVE WINCHESTER EXHIBIT B U EXHIBIT C THOMAS MOORE LAWSON, P.C. *OF COIINSFL- WILLIAMS MULLF.N 120 6XrTtR aRfVr, $t'ITL 200 Fo%TOMCL BOX 2740 W IFCIn3Tl:R VA 22604 •T1#0%w1 MOOR[ LANSOt4 -71 A11 «1� u 1 21 " 1 (Ill TLLLl OXL' (54016654050 FAQ11111.r- (54M) 72Z-1051 September 16, 2022 Mark Loring, Commission Member -Chairman • Lacey Burnett, Commission Member -Vice Chair Leesa Mayfield, Commission Member Brandon Pifer, Commission Member David Ray, Commission Member Paul Richardson. Commission Member John Tagncsi. Commission Member City of Winchester Planning Commission IS N. Cameron Street Winchester, VA 22601 Timothy Youmans, Planning Director City of Winchester IS N. Cameron Street, Yd Floor Winchester, VA 22601 Re: Metromont LLC Rezoning in Frederick County/Adjacent to City Neighborhood Our File No. 1477.001 VIA E-MAII. • Dear Ladies and Gentlemen: Thank you for the opportunity to appear before Planning Commission and Staff at the Planning Commission's work session on September 6, 2022. As we discussed, and at the time of that presentation, photographs were being collected relating to properties in the City on Pcnnsvlvania Avenue near the Shockey/Metromom property and other information was being assembled to address comments received to the proposed rezoning from B2 General Business District to N12 Industrial. Enclosed please find an aerial with marked locations numbered to correspond to photographs (also enclosed) which were taken from both the Shockey/MetTOmont property and from the side yards of specific residences along Pennsylvania Avenue. Also, please find enclosed a scale drawing which depicts the topography and confirms from the back yards of the City of Winchester September 16, 2022 Page 2 Pennsylvania Avenue residences the ground to the west commencing with the railroad property and then further to the west the Metromont/Shockey property is much higher in elevation than the backyards of the Pennsylvania Avenue residences. What all of this demonstrates, and with photographs well presents, is that there is quite a bit of vegetation commencing along the property line, in the back yards of the Pennsylvania Avenue residences continuing into the railroad property, and there exists a significant berm of approximately 12+ feet in height, which is the base for the railroad track. Further to the west there exists still additional significant vegetation on the railroad property and also on the is property. The vegetation is a mix of types to include some vine material, the result of which is that we expect there will be significant visual screening in all seasons. As you will recall, Shockey/Metromont has proffered to maintain the tree canopy along its property line with the Winchester & Western property. Further still, given the increase in elevation from the back yards of the Pennsylvania Avenue properties through the railroad and then the Shockey/Metromont property, all of the vegetation which will remain is visually much taller to the view of the residents of Pennsylvania Avenue, creating a significant visual barrier between the Shockey/Metromont property and the City residents. Indeed the existing berm which was previously installed as part of the railroad provides a significant additional pennanent buffer between the City residents and any activity on the Shockey/Metromont property. With regard to other items raised, such as any future lighting or other issues that may be created on the Shockey/Metromont property, all of those nuisance type items are addressed by existing laws and Ordinances and are not allowed to occur. It is not appropriate or lawful to proffer compliance with Ordinances and laws. However, it is important to point out that any lighting installed on the Shockey/Metromont property would need to be in compliance with County Ordinances, which would not allow any light to migrate beyond the Shockey/Metromont property line. By definition this means that any future lighting installed on the Shockey/Nietromont property would not be allowed to shine onto the railroad property, let alone the properties in the City. With regard to dust, it is required to be suppressed onsite and not pemutted to leave the property. You need to know there are ongoing measures in place to control same. Going forward, those obligations will remain. With regard to the viewshed/entrance corridor along Rt. 522, we enclose a photograph of the grass along Rt. 522 that exists on the Shockey/Metromont property today. Upon approval of the rezoning, it is Shockey/Metromont's intent to maintain its property in a similar fashion and also comply with all Frederick County Ordinance setback requirements from the public street, which is a requirement of the Frederick County Zoning Ordinance_ The current minimum front yard setback is seventy-five (75) feet. For your convenience I enclose a copy of the relevant section of the Frederick County Zoning Ordinance that pertain to setbacks from public streets. Finally, more by way of example, this is to let you know that recently we were contacted by a resident who resides in Frederick County and whose home adjoins the existing Shockey/Metromont property. Henry Sliwinski advised there were some trees and brush on the Shockey/Metromont property line which were growing to a height causing them to overhang City of Winchester September 16, 2022 Page 3 onto his property. Immediately upon hearing from their neighbor, representatives of Shockey/Metromont met with Mr. Sliwinski in his yard. The result of that meeting is that certain trees/branches, as well as some underbrush, will be removed in the late fall/carly winter (after the leaves have fallen). Much of this work will take place in Mr. Sliwinski s yard. Mr. Sliwinski advised he was pleased with Shockey/Metromont's response and thanked them. As you all know, we cannot proffer to do work on properties not owned by Shockey/Metromont, but this is to give you an example of how Shockey/Metromont takes neighbor relations seriously. Although it is hard to envision a scenario where vegetation growing on the Shockey/Metromont property could overhang the Winchester & Western property and affect residents of Pennsylvania Avenue, this is to confirm that Shockey/Metromont will respond to any questions or concerns from its neighbors. Thanks again for the opportunity to appear, present and respond to questions regarding the proposed rezoning. If, after reviewing this correspondence, there are any further questions or comments, please do not hesitate to contact me. ZTLawsso. TML:atd Enclosures cc: Metromont LLC • is L +r v. • P� < .rom •. r.. , rLeaend © Photo Location Tax Map Parcels Metromont Existing M2 Parcels OMetromont Proposed M2 Parcels Winchester Limns Railroads c �j O r O" O n in ac7 >_ a 8o � zN <r Orr >� U p �O z z w f n ' p 0 < R O O < K &OW 1-- / 1 � OU w s w.. 1 z Ff•" y O �i ' 200 0 200 7 _ • K —M Photo 1. Pennsylvania Ave., view facing Metromon; Proper;y Photo 2. Pennsylvania Ave., view facing Metromon; Property i� GREENWAY • 0 Photo 3 Pennsylvania Ave., view facing Metromoni Property Photo 4: Pennsylvania Ave.. view facing Metromont Property i� GREENWAY • -'hoto 5, Metromont property, view facing Pennsylvania Avenue Photo 5: Metromont property, view facing Pennsylvania Avenue i� �i GREENWAY • • Photo 7 Metromort property, view faung Pennsylvania Avenue Photo 8: Metromort property, view faung Pennsylvania Avenue i� �i GREENWAY • • 'hoto q Metrnmort rropertv. view rac�rg -�ennsylvaria Avenue Photo 10: Metromont property, view facing Pennsylvarw Avenue i� �i GREENWAY is • Photo 11 MHron,cnrt property, viev facing Pennsylvaria Ave^ue Photo 12 Metromont property, view facing Pennsylvania Avenue r� �s GREENWAY • C :90 0w 20w 200 • n fl m -n r m j EMS M '* J • ' 1' y 165-601.01. Intent. The rolloteing tables describe the btrsinccti and indmirial zoning district~ in Fred ricl: County. thr intent or ili—c districts and the uses allo%%ed in earl, district. Standard industrial classtttcnuon number are provided for particular uses to assist the Zoning Administrator in &Lssif}'in, uses. Determining whether a particular use should be classilicd under a particular categon remains subject to inletpretation on the part orthe Zoning Administrator. 16-5-601.02. Dimensional and [nlensity requirements. J:\mended 12-10-2008: 11-13-2U09: 11-13-20131 '11w 6ollotcing table describes the dimensional and intensity requirements li,r the business and industrial districts: Requirement From yard setback on primary or arterial higlm m s f feet) District Ill B2 I33 OM 111 AM 50 >U 50 50 75 75 Front yattl setback on collector or minor street.. (lest) 35 35 7T 75 Side yard setbacks (I'eet) - [ i [ i Rear yard setbacks (feet) - l; 15 25 25 Floor aria to lot area ratio (FAR) 0.3 1.0 I.0 2.0 LU 1.0 Minimum )-.m&capcd arca (percenla,e ot'lol area) 35 15 �2i I; 25 15 Maxinntm height (feet) 35 135 135 1 GO 6V GU' 'ln the M I and %12 Districts the Board nf'Supcn'iwrn may aaiye the sixty-liwt height limitstion, pruyided that it will not negntiyeh impact acil:tccnl uses. in ortlertu consider the leaiycr, the applicant must submit all infornnmion and adhere to "I ll"Lnrnts specified h\ j 16204.25. In no c:u'e <hall any slntcttire exceed 150 F.-Itin 1 i111 165-601.03. Minimum landscaped area. j:Vnendcd 9-2(1-20121 In the 132 Business General lonin_; District. the Board of Super\ ison may require that more lh:ut 15"v of the area of a site shall he landscaped in order to meet the intent of this chapter. Additional landscaped area_, stay he requirod to ensure 111:11 all unused areas are landscaped :and to improve tltc _eucral appearance :and uac of the site. In no case shall more than 25 of the site he required to be landcaped in the B2 Bu%in,. s General Zoning District. From: Timothy Youmans cTimothy.Youmans@v, ir.chosterva.gov, Sent: Friday, September 16, 2022 4:38 PM To: Thomas Moore Lawson, Esq Subject RE Metromont Rezoning Frederick County Ty, Thank you For providing this follow-up correspondence. I have forwarded it along to the members of the City Planning Commission. The photos and cross-section exhibits help to better understand the vertical relationship between the Pennsylvania Avenue home lots and the site of the proposed rezoning request The setbacks standards contained in the Frederick County Zoning Ordinance are also informative. While the standards identify a 75-foot building setback, I would be curious to know what the minimum pavement setback is to get a better sense of how close to Rte 522 any trailers or stacks of finished product could be to the public right-of-way. We regard to the street buffer, I would hope that the one large mature sycamore tree near the N Frederick Pike frontage situated north of the existing site entrance could be preserved even if it is situated further back into the site than what the minimum landscaped buffer width would be. For your information, City Planning Commissioner Leesa Mayfield will be serving as City liaison to the September 21" County Planning Commission meeting where this request is scheduled for public hearing. Thanks. Tim From: Thomas Moore Lawson, Esq. <tlaosnni2 LSPLC.COrvt> Sent Friday, September 16, 2022 2:09 PM To: Timothy Youmans <l imothv 1'aumana�•,inrh,trrva.?oe> Subject Metromont Rezoning- Frederick County Tim Thanks again for allowing me to appear aat the Pian.-ung Comrussron work session As promised, attached is follow-up correspondence As you know, this matter -roll be to front of the Frederick County Planning Commission at its next scheduled meeting, which rs September 21. 2022 If you do not mind please send Ih,s letter to the Plann,ng Commission members I looked online and could not find a -mast addresses for them Thank you Thomas Moore Lawson, Esquire Thomas Moore Lawson, P C Of CoLrsel-Williams Mullen P O. Box 2740 Winchester, VA 22604 Ph 540-665-0050 Fax. 5 :0-722-4051 Email: llawsonallsolc corn The information contained in this message is rrecirmatlon intended only for the use of individual or entity named above. and may be attorneyldrent privileged and confidential it the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication isstrictly 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 0 • 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 ;,N'OT .VEET YOUR APPROVAL, PLEASE PROVIDE CO3,Vf, IEA7S AS TO {I HAT )'U( If OULD LIKE TO IfAVE COMPLETED. Initials Date & Time Mark Am% Tfler . Z C John W�;att T Kayla Breton - r) COMMENTS: ,� O_ Z � srrc��ur� lC/546 rilr CeMM— AUG 2 9 nP2 FREDERICK COUNTY PLANNING AND DEVELOPMENT Received by Clerical Staff (Date & Time): C� N N 0 4 v O THOMAS MOORE LAWSON, P.C. *OF COUNSEL- WILLIAMS MULLEN 120 E!cE DRIVE. SUME 200 PoS (YmCE sox 2740 WIhC11i=c;t, VA 22664 •Tnoms MOORE LAwSON• TIA-0% A I YLC.COM TmuE "nE: (5{0) 665-0050 FACsmiI_E:(540) 722-4051 September 16, 2022 Mark Loring, Commission Member -Chairman Lacey Burnett, Commission Member -Vice Chair • Leesa Mayfield, Commission Member Brandon Pifer, Commission Member David Ray, Commission Member Paul Richardson, Commission Member John Tagnesi, Commission Member City of Winchester Planning Commission 15 N. Cameron Street Winchester, VA 22601 Timothy Youmans, Planning Director City of Winchester 15 N. Cameron Street, 3`d Floor Winchester, VA 22601 Re: Metromont LLC Rezoning in Frederick County/Adjacent to City Neighborhood Our File No. 1477.001 VIA E-MAIL Dear Ladies and Gentlemen: • Thank you for the opportunity to appear before Planning Commission and Staff at the Planning Commission's work session on September 6, 2022. As we discussed, and at the time of that presentation, photographs were being collected relating to properties in the City on Pennsylvania Avenue near the Shockey/Metromont property and other information was being assembled to address comments received to the proposed rezoning from B2 General Business District to M2 Industrial. Enclosed please find an aerial with marked locations numbered to correspond to photographs (also enclosed) which were taken from both the Shockey/Metromont property and from the side yards of specific residences along Pennsylvania Avenue. Also, please find enclosed a scale drawing which depicts the topography and confirms from the back yards of the City of Winchester September 16, 2022 Page 2 Pennsylvania Avenue residences the ground to the west commencing with the railroad property and then further to the west the Metromont/Shockey property is much higher in elevation than the back yards of the Pennsylvania Avenue residences. What all of this demonstrates, and with photographs well presents, is that there is quite a bit of vegetation commencing along the property line, in the back yards of the Pennsylvania Avenue residences continuing into the railroad property, and there exists a significant berm of approximately 12+ feet in height, which is the base for the railroad track. Further to the west there exists still additional significant vegetation on the railroad property and also on the Shockey/Metromont property. The vegetation is a mix of types to include some vine material, the result of which is that we expect there will be significant visual screening in all seasons. As you will recall. Shockey/Metromont has proffered to maintain the tree canopy along its property line with the Winchester &: Western property. Further still, given the increase in elevation from the back yards of the Pennsylvania Avenue properties through the railroad and then the Shockey/Metromont property, all of the vegetation which will remain is visually much taller to the view of the residents of Pennsylvania Avenue, creating a significant visual barrier between the Shockey/Metromont property and the City residents. Indeed the existing berm which was previously installed as part of the railroad provides a significant additional permanent buffer between the City residents and any activity on the Shockey/Metromont property. With regard to other items raised, such as any future lighting or other issues that may be created on the Shockey/Metromont property, all of those nuisance type items are addressed by existing laws and Ordinances and are not allowed to occur. It is not appropriate or lawful to proffer compliance with Ordinances and laws. However, it is important to point out that any lighting installed on the Shockey/Metromont property would need to be in compliance with County Ordinances, which would not allow any light to migrate beyond the Shockey/Metromont property line. By definition this means that any future lighting installed on the Shockey/Metromont property would not be allowed to shine onto the railroad property, let alone the properties in the City. With regard to dust, it is required to be suppressed onsite and not permitted to leave the property. You need to know there are ongoing measures in place to control same. Going forward, those obligations will remain. With regard to the viewshed/entrance corridor along RL 522, we enclose a photograph of the grass along Rt. 522) that exists on the Shockey/Nietromont property today. Upon approval of the rezoning, it is Shockey/Metromont's intent to maintain its property in a similar fashion and also comply with all Frederick County Ordinance setback requirements from the public street, which is a requirement of the Frederick County Zoning Ordinance. The current minimum front yard setback is seventy-five (75) feet. For your convenience I enclose a copy of the relevant section of the Frederick County Zoning Ordinance that pertain to setbacks from public streets. Finally, more by way of example, this is to let you know that recently we were contacted by a resident who resides in Frederick County and whose home adjoins the existing Shockey/Metromont property. Henry Sliwinski advised there were some trees and brush on the Shockey/Nictromont property line which were growing to a height causing them to overhang 0 0 City of Winchester September 16, 2022 Page 3 onto his property. Immediately upon hearing from their neighbor, representatives of Shockey/Metromont met with Mr. Sliwinski in his yard. The result of that meeting is that certain treesibranches, as well as some underbrush, will be removed in the late fall/early winter (after the leaves have fallen). Much of this work will take place in Mr. Sliwinski's yard. Mr. Sliwinski advised he was pleased with Shockey/Metromont's response and thanked them. As you all know, we cannot proffer to do work on properties not owned by Shockey/Metromont, but this is to give you an example of how Shockey/Metromont takes neighbor relations seriously. Although it is hard to envision a scenario where vegetation growing on the Shockey/Metromont property could overhang the Winchester & Western property and affect residents of Pennsylvania Avenue, this is to confirm that Shockey/Metromont will respond to any questions or concerns from its neighbors. Thanks again for the opportunity to appear, present and respond to questions regarding the proposed rezoning. If, after reviewing this correspondence, there are any further questions or comments, please do not hesitate to contact me. VTTr.c Z Tawson TML:atd Enclosures cc: Metromont LLC • 0 �' �a • •A�r: _. „ � RAF vF � � •� 54Al2:_ '"' ,L rt� r 4 •• W � 54 A 11 17 `rt >•=' W� i W i 10 '4TQ '4 6 e 6 7 Z O O O Er a m 72 0 a ') W XI 0 Z Q W Ov 0 a ".. ,� S •• Z W H t �ccrj t+m • • N �. (!)C Cr Z W �.o. a s� Z 4 ill nege l .K f 3 nYgefi F• d - - 1 • Z o Leaend + • Q o © Photo Location ` �j F I �► 0 O Tax Map Parcels ° / o z o N Metromont Existing M2 Parcels q► z OMetromont Proposed M2 Parcels 0 a SJS w Winchester Limits mow® Feet 3 Railroads soh z0Q 0 200 z z KI Photo 1: Pennsylvania Ave, view facing Metromont Property Photo 2: Pennsylvania Ave., view facing Metromont Property .c GREENWAY • Photo 3: Pennsylvania Ave, view facing Metromont Property Photo 4: Pennsylvania Ave., view facing Metromont Property f% %.% GREENWAY • 1� u L. Photo 5 Met romont property, view facing Pennsylvania Avenue photo 6* Metromont property, view facing Pennsylvania Avenue t GREENWAY • � �. ,k •r��..�',�, 1 °��_, i. `a .�,] � .., � �- R �' 'pn` .4 ii -�- �- �._ I MY - �f , , � `I�"' � r y �i 7f: Ak . WIX it 4 A.* ` - qkp All -�� � P� 5� P-11 TTI co CJ 12 T1c following tables describe the business and industrial zoning districts in Frederick Counts. the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the "Zoning Administrator in classil-ving uses. Determining whether a particular use should be classified under a particular c:uegon- remains subject to interpretation on the part of the Zoning administrator. § 165-601.02. Dimensional and intensity requirements. (Amended 12-10-2008; 11-18-2009;11-13-20131 The following table describes the business and industrial districts: Requirement front yard setback on printan, or arterial highways (feet) District BI 132 I33 O\I \I1 \I2 50 50 50 50 75 75 Front vard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) 15 15 25 25 Rear card setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 60 60- *In the %I1 and \12 Districts the Board of Supervisors may waive the sixty -foot height limitation. provided that it will not negatively impact adjacent uses. In order to consider the waiver. the applicant must submit all information and adhere to requirements specified by § 165-204 28. In no case shall any structure exceed 150 feet in height. In the B2 Business General Toning DistricL the Board of Supervisors may require that more than 1500 of the area of a site shall be landscaped in order to meet the intent of this chapter. Additional landscaped areas may be required to ensure that all unused areas arc landscaped and to improve the general appearance and use of the site. In no case shall more than 250o ofthe site be required to be landscaped in the B2 Business General Zoning District. From: Timothy Youmans <Timothy.Youmans @winchesterva.gov> Sent: Friday, September 16, 2022 4:38 PM To: Thomas Moore Lawson, Esq. Subject: RE: Metromont Rezoning - Frederick County Ty, Thank you for providing this follow-up correspondence. I have forwarded it along to the members of the City Planning Commission. The photos and cross-section exhibits help to better understand the vertical relationship between the Pennsylvania Avenue home lots and the site of the proposed rezoning request. The setbacks standards contained in the Frederick County Zoning Ordinance are also informative. While the standards identify a 75-foot building setback, I would be curious to know what the minimum pavement setback is to get a better sense of how close to Rte 522 any trailers or stacks of finished product could be to the public right-of-way. We regard to the street buffer, I would hope that the one large mature sycamore tree near the N Frederick Pike frontage situated north of the existing site entrance could be preserved even if it is situated further back into the site than what the minimum landscaped buffer width would be. For your information, City Planning Commissioner Leesa Mayfield will be serving as City liaison to the September 21' County Planning Commission meeting where this request is scheduled for public hearing. Thanks, Tim From: Thomas Moore Lawson, Esq. <tlavvsonPLSPLC.COM> Sent: Friday, September 16, 2022 2:09 PM To: Timothy Youmans<Timothv.Youmans(a)winchesterva.Qov> Subject: Metromont Rezoning- Frederick County Tim, Thanks again for allowing me to appear at the Planning Commission work session As promised, attached is follow-up correspondence As you know, this matter will be in front of the Frederick County Planning Commission at its next scheduled meeting, which is September 21, 2022 If you do not mind, please send this letter to the Planning Commission members I looked online and could not find e-mail addresses for them Thank you Thomas Moore Lawson, Esquire Thomas Moore Lawson, P C Of Counsel -Williams Mullen P.O Box 2740 Winchester, VA 22604 Ph 540-655-0050 Fax 540-722-4051 Email tlawson(aDlsolc.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 • i 9 C, 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 28, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-22 FOR METROMONT On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 12, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #08-22 of Metromont submitted to rezone +/- 20-acres (north parcel, PIN #43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south parcel, PIN #54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/BOSMeetinas (Click on eComment for the October 12, 2022, meeting). Email to County staff at kvacchio(aZfcva.us or ann.phillipsaa,fcva.usonner(i,fcva.us Mail to Planning Department — October 12, 2022, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetinas. Sincerely, M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 EXHIBIT D LEGEND Ui td'" l.WO USl ti ' . i �'' • 1 - y g at _ 1 rarr sat rxrsrnrc sravt t.urr �' + uj LAJ cr 1 •r,two E.f6JhG 9'/E E�IAN,Ct AV hg4/M f�flL'7C PKE �.. � �� �W � Q v \ e1 / _ WpLv�� I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 7, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 408 22 FOR METROMONT On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing • being held on Wednesday, September 21, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 408-22 of Metromont submitted to rezone +/- 20-acres (north parcel, PIN 443-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and t/- 24.72-acres (south parcel, PIN ",54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at «ti;w.feva.us/PCMectings (Click on eComment for the September 21, 2022, meeting). Email to County staff at kvacchio(rl fcva.us or sconnerrd-fcva.us Mail to Planning Department — September 21, 2022, Public Hearing Comments, 107 N. Kent St.. Winchester, VA 22601. Include your name, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: w�c e.f �a.us PC�teetines. Sincereh, M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 28, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S RE: REZONING APPLICATION 408-22 FOR METROMONT On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 12, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning fM-22 of Metromont submitted to rezone +/- 20-acres (north parcel, PIN 443-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +-/- 24.72-acres (south parcel, PIN r54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.ur BOS%leetines (Click on eComment for the October 12, 2022. meeting). Email to County staffat kvacchiore tcva.us or ann.ohillips'dfcva.usonner(dfcva.us ,vlail to Planning Department — October 12. 2022. Public Hearing Comments. 107 N. Kent St., Winchester, VA 22601. Include your name, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. is General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject tiles(s), including the full text of any ordinance or of anv other itcm(s) to be adopted are available at the Office of Planning and Development or ar. �t���c.fc�a.us PC\feetincs. Sincerely. M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CITY OF WINCHESTER ADJOINERS LABEL TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 6 114-01-130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01-129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 114-01-128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01-127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANINA AV WINCHESTER VA 22601 10 114-01-126 GETZ MARILYN 110 SUNSET C1R CROSS JUNCTION VA 22625 11 114-01-125 LICKLIDER DAVID 941 PENNSYLVANIA AVE WINCHESTER VA 22601 12 114-01-124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE WINCHESTER VA 22601 13 114-01-123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE WINCHESTER VA 22601 14 114-01-122 DAVE HOLLIDAY RENTALS 1-20 W JUBAL EARLY DR, STE 10: WINCHESTER VA 22601 15 114-01-121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 114-01-120 MASON SHAMEKE L 901 PENNSYLVANIA AVE WINCHESTER VA 22601 17 133-07-119 NELSON SCOTT M ET UX 831 PENNSYLVANIA AVE WINCHESTER VA 22601 18 133-07-118 RILEYSAMMY LJR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 19 133-07-117 CROSEN VERMONTJR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07-116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06-19 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06-18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 23 133-06-17 MURDOFF RICHARD D 817 PENNSYLVANIA AVE WINCHESTER VA 22601 24 133-06-16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06-15 NEWLIN WILLIAM H 915 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06-14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVE WINCHESTER VA 22601 27 133-06-13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 13-06-12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06-10 BICKERTTAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 THOMAS MOORE LAWSON, P.C. *OF COUNSEL- WILLIAMS MULLEN 120 EXETER DRIVE, St'rrr ZOO POST OFFICE BOX 2740 WINCHESTER, VA 22604 'THOTIAS MOORE LAWSON • TLAM ERN 01 SPLC.0011 TELEPHONE: (540)665-0050 FACSIMILE: (540)722-1051 September 16, 2022 Mark Loring, Commission Member -Chairman Lacey Burnett, Commission Member -Vice Chair Leesa Mayfield, Commission Member Brandon Pifer, Commission Member David Ray, Commission Member Paul Richardson, Commission Member John Tagnesi, Commission Member City of Winchester Planning Commission 15 N. Cameron Street Winchester, VA 22601 Timothy Youmans, Planning Director City of Winchester 15 N. Cameron Street, 3`d Floor Winchester, VA 22601 Re: Metromont LLC Rezoning in Frederick County/Adjacent to City Neighborhood Our File No. 1477.001 VIA E-MAIL Dear Ladies and Gentlemen: Thank you for the opportunity to appear before Planning Commission and Staff at the Planning Commission's work session on September 6, 2022. As we discussed, and at the time of that presentation, photographs were being collected relating to properties in the City on Pennsylvania Avenue near the Shockey/Metromont property and other information was being assembled to address comments received to the proposed rezoning from B2 General Business District to M2 Industrial. Enclosed please find an aerial with marked locations numbered to correspond to photographs (also enclosed) which were taken from both the Shockey/Metromont property and from the side yards of specific residences along Pennsylvania Avenue. Also, please find enclosed a scale drawing which depicts the topography and confirms from the back yards of the City of Winchester September 16, 2022 Page 2 Pennsylvania Avenue residences the ground to the west commencing with the railroad property and then further to the west the Metromont/Shockey property is much higher in elevation than the back yards of the Pennsylvania Avenue residences. What all of this demonstrates, and with photographs well presents, is that there is quite a bit of vegetation commencing along the property line, in the back yards of the Pennsylvania Avenue residences continuing into the railroad property, and there exists a significant berm of approximately 12+ feet in height, which is the base for the railroad track. Further to the west there exists still additional significant vegetation on the railroad property and also on the Shockey/Metromont property. The vegetation is a mix of types to include some vine material, the result of which is that we expect there will be significant visual screening in all seasons. As you will recall. Shockey/Metromont has proffered to maintain the tree canopy along its property line with the Winchester & Western property. Further still, given the increase in elevation from the back yards of the Pennsylvania Avenue properties through the railroad and then the Shockey/Metromont property, all of the vegetation which will remain is visually much taller to the view of the residents of Pennsylvania Avenue, creating a significant visual barrier between the Shockey/Metromont property and the City residents. Indeed the existing berm which was previously installed as part of the railroad provides a significant additional permanent buffer between the City residents and any activity on the Shockey/Metromont property. With regard to other items raised, such as any future lighting or other issues that may be created on the Shockey/Metromont property, all of those nuisance type items are addressed by existing laws and Ordinances and are not allowed to occur. It is not appropriate or lawful to proffer compliance with Ordinances and laws. However, it is important to point out that any lighting installed on the Shockey/Metromont property would need to be in compliance with County Ordinances, which would not allow any light to migrate beyond the Shockey/Metromont property line. By definition this means that any future lighting installed on the Shockey/Metromont property would not be allowed to shine onto the railroad property, let alone the properties in the City. With regard to dust, it is required to be suppressed onsite and not permitted to leave the property. You need to know there are ongoing measures in place to control same. Going forward, those obligations will remain. With regard to the viewshed/entrance corridor along Rt. 522, we enclose a photograph of the grass along Rt. 522 that exists on the Shockey/Metromont property today. Upon approval of the rezoning, it is Shockey/Metromont's intent to maintain its property in a similar fashion and also comply with all Frederick County Ordinance setback requirements from the public street, which is a requirement of the Frederick County Zoning Ordinance. The current minimum front yard setback is seventy-five (75) feet. For your convenience I enclose a copy of the relevant section of the Frederick County Zoning Ordinance that pertain to setbacks from public streets. Finally, more by way of example, this is to let you know that recently we were contacted by a resident who resides in Frederick County and whose home adjoins the existing Shockcy/Metromont property. Henry Sliwinski advised there were some trees and brush on the Shockey/Metromont property line which were growing to a height causing them to overhang 0 City of Winchester September 16, 2022 Page 3 onto his property. Immediately upon hearing from their neighbor, representatives of Shockey/Metromont met with Mr. Sliwinski in his yard. The result of that meeting is that certain trees/branches, as well as some underbrush, will be removed in the late falUcarly winter (after the leaves have fallen). Much of this work will take place in Mr. Sliwinski's yard. Mr. Sliwinski advised he was pleased with Shockey/Metromont's response and thanked them. As you all know, we cannot proffer to do work on properties not owned by Shockey/Metromont, but this is to give you an example of how Shockey/Metromont takes neighbor relations seriously. Although it is hard to envision a scenario where vegetation growing on the Shockey/Metromont property could overhang the Winchester & Western property and affect residents of Pennsylvania Avenue, this is to confirm that Shockey/Metromont will respond to any questions or concerns from its neighbors. Thanks again for the opportunity to appear, present and respond to questions regarding the proposed rezoning. If, after reviewing this correspondence, there are any further questions or comments, please do not hesitate to contact me. TML:atd Enclosures cc: Metromont LLC 0 Pw 3Y •, Z t / "' 40 12 W RF r. 6 Z O ��6ar Q O= �O d m �,paa acD w= pZ Qu� a_ ZO ZO a— �� O� JO 0 N.m. L.b.l ,�'J - rn O Ir Z J rup t .F�. er W w a 3 •. m „-- t r e1 LU Scr z z W a � z end 1� �°� a < o 4 Cr UO © Photo Location m cD , > . K Z o w F Tax Map Parcels i 0 o rn FD o L� Metromont Existing M2 Parcels o�c o 4 Lj n z w x Metromont Proposed M2 Parcels v?' 2 < U j 0 g a w L" Winchester Limits ti+ Feet Z o o C . 4h` Railroads 200 0 200 z z w ' a Mai Dd S--,, F�, C-1y. V� J- DIOp . I' Photo 1: Pennsylvania Ave., view facing Metromont Property Photo 2: Pennsylvania Ave., view facing Metromont Property ,e%, Nki GREENWAY EKG, NIEF I NU 0 • Photo 3 Pennsylvania Ave., view facing Metromont Property Photo 4: Pennsylvania Ave., view facing Metromont Property f% %4i GREENWAY If11 Nli 0 s Photo 5: Metromont property, view facing Pennsylvania Avenue Photo 6: Metromont property, view facing Pennsylvania Avenue f% Air GREENWAY FNCIIN!1 PING u 0 Photo 7 Metromont property, view facing Pennsylvania Avenue Photo 8: Metromont property, view facing Pennsylvania Avenue i% Ai GREENWAY Ems.: NFkv'N� • 0 Photo 9 Metromont property, view facing Pennsylvania Avenue Photo 10: Metromont property, view facing Pennsylvania Avenue f%, %i GREENWAY 0 0 03 loo o +oo zoo `SCAIF_ " 1pp' Li::IiL-. .- a IAZ= f � •a i imm• .db-- �r �'.' 1� � �� � r i ` f .. �. • Y` i. _ •• -- � � ' y �, r � '!� .. t� ez--- ' , -,- WF -TM tL 4 ., IV x"'+,►-fir `4 V �� ,yam - - , ^' �f^�� �~ � /♦���rr • t�'j� •�,. ,�;' Air mot• �� � .. •�t IM • ��r� � yrJ-" � , a. ji�~• �� __ ' � ..-T - __ {S � `: _ -�� _ �. w o.'y •� ' "-- f"tr..4y..1'-. f.,d.. _ fir,'+i *'�/ - t I!•,. 1 '�„�a..• l9�f ..-.;'�^ ,lyp.,M:��"r-T �. '•� �i. I_ �.�1'.� ,� �_ �� Y, .; ��`• "'w'T'y t �••!'�� �' „� • �+r, `� . �I. � ice' 1 - �-A § 165-601.01. Intent. The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classifying uses. Determining whether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning Administrator. 165-601.02. Dimensional and intensity requirements. [Amended 12-10-2008; 11-18-2009;11-13-20131 The following table describes the dimensional and intensity requirements for the business and industrial districts: Requirement Front yard setback on primary or arterial higlixeays (feet) District Bl B2 B3 0'4 'dl '12 50 50 50 50 75 75 Front v.ard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 '-linimum landscaped area (percentage of lot area) 35 15 25 15 25 15 'maximum height (feet) 35 35 35 60 60* 60* *In the M I and \12 Districts the Board of Supervisors may waive the sixty -foot height Iunitation. provided that it will not negatively impact adjacent uses. In order to consider the waiver. the applicant must submit all infomtation and adhere to requirements specified by § 165-204.28. In no case shall any structure exceed 150 feet in height. § 165-601.03. 'Minimum landscaped area. [Amended 9-26-20121 In the B2 Business General "Zoning District the Board of Supervisors may require that more than 15° o of the area of' a site shall be landscaped in order to meet the intent of this chapter. Additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. In no case shall more than 2506 of the site be required to be landscaped in the B2 Business General Zoning District. 0 From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, September 16, 2022 4:38 PM To: Thomas Moore Lawson, Esq. Subject: RE: Metromont Rezoning - Frederick County Ty, Thank you for providing this follow-up correspondence. I have forwarded it along to the members of the City Planning Commission. The photos and cross-section exhibits help to better understand the vertical relationship between the Pennsylvania Avenue home lots and the site of the proposed rezoning request. The setbacks standards contained in the Frederick County Zoning Ordinance are also informative. While the standards identify a 75-foot building setback, I would be curious to know what the minimum pavement setback is to get a better sense of how close to Rte 522 any trailers or stacks of finished product could be to the public right-of-way. We regard to the street buffer, I would hope that the one large mature sycamore tree near the N Frederick Pike frontage situated north of the existing site entrance could be preserved even if it is situated further back into the site than what the minimum landscaped buffer width would be. For your information, City Planning Commissioner Leesa Mayfield will be serving as City liaison to the September 21" County Planning Commission meeting where this request is scheduled for public hearing. Thanks, Tim From: Thomas Moore Lawson, Esq. <tlawson(@LSPLC.COM> Sent: Friday, September 16, 2022 2:09 PM To: Timothy Youmans <Timothy.Youmans(@winchesterva.gov> Subject: Metromont Rezoning - Frederick County iim, Thanks again for alloying me to appear at the Planning Commission work session. As promised, attached is follow-up correspondence. As you know, this matter will be in front of the Frederick County Planning Commission at its next scheduled meeting, which is September 21, 2022 • If you do not mind, please send this letter to the Planning Commission members. I looked online and could not find e-mail addresses for them. Thankyou 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(oNsolc.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. 'a } Q NI li 611 Z o o Ix = 02 w U O ` F G Z w C) W W O � LLJ 3 Z O K a V z ~ N o U (� p t7 w Q = J K_ z o x a w a Z = o Q z ` U o Legend Xv o u 0 n Proposed M2 Parcel ? w S p n n J Metromont Existing M2 Parcels a �I ; 3` meet Lq u w O A Y Railroads y '�. N $ �` ✓ /� 200 0 200 _ %4. D- S— F.,,,, d Cm,* v, as oW,. :a:: Dn ;Ftpl �E • • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 28, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-22 FOR METROMONf On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 12, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #08-22 of Metroniont submitted to rezone +/- 20-acres (north parcel, PIN #43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south parcel, PIN #54-A-1 1) from the 132 (Business General) District to the M2 District with proffers for a total of 44.72-acres. 'I'lic proposed rezoning seeks to enable the expansion of an existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at WWW.fcva.us/13OSMectings (Click on eComment for the October 12, 2022, meeting). Email to County staff at kvacchio(ri),fcva.us or ann.t�hillips(�r)('cva.usonncr((I)fcva.us Mail to Planning Department — October 12, 2022, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your conunents. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development betNvicen the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject filcs(s), including the dill text of any ordinance or orally other item(s) to be adopted are available at the Office of Planning and Development or at: wWw.(cva.us/PCMcctines. Sincerely, M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 A, L� 0 This is to ccllify that the attached correspondence was ]llallcd to the following on 3'� / a �Z front the Department of Planning and Development, Frederick Colll ty, Virginia: 54-A-32 43-A-23 City of Winchester 1011 Pennsylvania Avenue LLC Oscar Jenkins Attn: Tim Youmans 3724 Linda Ln 425 Lenoir Dr Rouss City Hall Annadale, VA 22003 Winchester, VA 22603 15 N. Cameron St. 43-A-55A 43-A-26A Winchester, VA 22601 Cives Corporation Browning -Ferris Industries 54-A-1 Shenandoah Valley Battlefields PO Box 897 New Market, VA 22844 54-A-12 Metromont Corporation PO Box 2486 Greenville, SC 29602 53-A-60 Sreit Autumn Wind LLC 591 W Putnam Ave Greenwich, CT 6830 54-A-2 Frederick County Fruit Growers 801 Fairmont Ave Winchester, VA 22601 54-A-10 Henry F. Sliwinski 942 N Frederick Pike Winchester, VA 22603 210 Cives Lane Winchester, VA 22603 54-A-14 Metromont Corporation PO Box 2486 Greenville, SC 29602 54-A-15 Metromont Corporation PO Box 2486 Greenville, SC 29602 43-A-28A Stephen Phillip Williams LLC PO Box 2556 Winchester, VA 22604 PO Box 29246 Phoenix, AZ 85038 43-A-21 Horizon Stonewall 4A Owner LLC 3843 West Chester Pike Newtown Square, PA 19073 M. TylerVK]ei_�_ nior Planner Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, �'_� Ok;1�111(c+ (/ei (_ IZ. t a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner- for tllc epartnlent of Planning and Development, whose name is signed to the foregoing, dated 2_t'; �� has personally appeared before nlc and acknowledged the same in my St ite and County aforesaid. Given under illy hand this day of My comnlission expires on AA �.c'� \D /, 0 U �) (P NOTARY PUBLLLQ_ _,._.-__ . FAMALA DEETER ` NOTARY PUBLIC q REGISTRATION H 354474 4 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES •r,�F131, 207.6 . 114-01-1.29 A & R Rentals L.LCI 230 Dependence Ln Middletown, VA 22645 11.4--01-130 A & R Rentals LLC 230 DependenceLn Middletown, VA 22645 114-01-125 David Licklider 941 Pennsylvania Ave Winchester, VA 22601 114--01-126 Marilyn Getz 110 Sunset Drive Cross Jll1lCti0n, VA 22625 114- 01-128 Michael Vance 1003 Pennsylvania Ave Winchester, VA 22601 114-01-12 7 Madonna y Sponaugle Trustee 1001 Pennsylvania Ave Winchester, VA 22601 114-01-124 Beulah D Robertson Life Est 933 Pennsylvania Ave Winchester, VA 22601 114-01-123 James Isaac Miller 925 Pennsylvania Ave Winchester, VA 22601 114-01-122 Dave Holliday Rentals LLC 420 W Jubal Early Dr. Ste 103 Winchester, VA 22601 114-01-121 Martha De La Rosa 909 Pennsylvania Ave Winchester, VA 22601 114-01-120 Shameke L Mason 901 Pennsylvania Ave Winchester, VA 22601 133-07-119 Scott M Nelson ET UX 831 Pennsylvania Ave Winchester, VA 22601 133-07-118 Sammy L Riley JR 829 Pennsylvania Ave Winchester, VA 22601 133-07-117 Vermont Crosen JR 827 Pennsylvania Ave Winchester, VA 22601 133-07-116 Virgie M Lamb 825 Pennsylvania Ave Winchester, VA 22601 133-06-19 Otis V Joyner 156 Hawthorne Dr Winchester, VA 22601 133-06-1 Otis V Joyner 156 Hawthorne Dr Winchester, VA 22601 133-06-17 Richard D Murdoff 817 Pennsylvania Ave Winchester, VA 22601 133-06-16 William H Newlin 815 Pennsylvania Ave Winchester, VA 22601 133-06-15 William H Newlin 815 Pennsylvania Ave Winchester, VA 22601 133-06-14 Jannette M Matthiesen 811 Pennsylvania Ave Winchester, VA 22601 133-06-13 Danielle Plum 807 Pennsylvania Ave Winchester, VA 22601 133-06-12 Berverly H Dellinger 805 Pennsylvania Ave Winchester, VA 22601 133-06-10 Tammy M Bickert 801 Pennsylvania Ave Winchester, VA 22601 0 a COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 7, 2022 `I'o: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 08-22 FOR METROMONf On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 21, 2022, at 7:00 pill in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchcstcr, Virginia to consider the following application: Rezoning #08-22 of Metronlont submitted to rezone -t-/- 20-acres (north parcel, PIN #43-A-22) from the RA (Rural Areas) District to the M2 (In(Iustrial General District) with proffers and +/- 24.72-acres (south parcel, PIN #54-A-1 1) from the I32 (Business General) District to the M2 District with proffers for a total ot' 44.72-acres. The proposed rezoning seeks to enable the expansion of all existing/adjoining industrial manufacturing operation in the Stonewall District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to clo so in writing rather than in person at the mecting. Comments on the above may be submitted to the commission \'la: Electronic commenting on the County wcbsite at www.fcva.us/PCMectintgs (Click on cComment for the September 21, 2022, mecting). Email to County staff at kvacchio(a)fcva.us or sCollllCl-((1),fCVa-llS Mail to Planning Department — September 21, 2022, Public hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include y01.11- nallle, address, and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be aciclressed to the Departlllcnt of' Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchcstcr VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other itcm(s) to be adopted are available at the Office of Planning and Development or at: w\�,w.lcva.us/PCMcetines. Sincerely, M. Tyner Klein, AICP Senior Planner 107 North Kent Street, Suitc 202 • Winchcstcr, Virginia 22601-5000 -19L i 0 This is) to certify that the attached correspondence was mailed to the following on 1 I - - fi-om the Department of Planning and Development, Frederick County, Virginia: 53-A-60 43-A-28A 54-A-14 Sreit Autumn Wind LLC Stephen Phillip Williams LLC Metromont Corporation 591 W Putnam Ave PO Box 2556 PO Box 2486 Greenwich, CT 6830 Winchester, VA 22604 Greenville, SC 29602 54-A-12 43-A-23 43-A-55A Metromont Corporation Oscar Jenkins Cives Corporation PO Box 2486 425 Lenoir Dr 210 Cives Lane Greenville, SC 29602 Winchester, VA 22603 Winchester, VA 22603 54-A-1 43-A-26A 54-A-15 Shenandoah Valley Battlefiel, Browning -Ferris Industries Metromont Corporation PO Box 897 PO Box 29246 PO Box 2486 New Market, VA 22844 Phoenix, AZ 85038 Greenville, SC 29602 City of Winchester 43-A-21 54-A-32 Attn: Tim Youmans Horizon Stonewall 4A Owner LLC 1011 Pennsylvania Avenue LLC Rouss City Hall 3843 West Chester Pike 3724 Linda Ln 15 N. Cameron St. Newtown Square, PA 19073 Winchester, VA 22601 Annadale, VA 22003 54-A-10 Henry F. Sliwinski 942 N Frederick Pike Winchester, VA 22603 54-A-2 Frederick County Fruit Growers 801 Fairmont Ave Winchester, VA 22601 -- M. Tyler Klein, S for Planner Frederick Coun Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for- the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner- for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my ]land this day of dpk�' �_w_ � C D a - My commission expires on (� �cs� m Ll� u . 0 �P '7 o_'nta/a,.It'-i-4 nT'A 12V P1W PAMALA DEETER NOTARY PUBLIC REGISTRATION M 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2026 114-01-130 133-07-117 JR A & R Rentals LLC Vermont Crosen 230 Dependence Ln 827 Pennsylvania Ave Middletown, VA 22645 Winchester, VA 22601 114-01-129 133-07-116 A & R Rentals LLC Virgie M Lamb 230 Dependence Ln 825 Pennsylvania Ave Middletown, VA 22645 Winchester, VA 22601 114-01-128 133-06-19 Michael Vance Otis V Joyner% 1003 Pennsylvania Ave 156 Hawthorne Dr Winchester, VA 22601 Winchester, VA 22601 114-01-127 Madonna Y Sponaugle Trustee 1001 Pennsylvania Ave Winchester, VA 22601 114-01-126 Marilyn Getz 110 Sunset Drive Cross Junction, VA 22625 114-01-125 David Licklider 941 Pennsylvania Ave Winchester, VA 22601 114-01-124 Beulah D Robertson Life Est 933 Pennsylvania Ave Winchester, VA 22601 114-01-123 James Isaac Miller 925 Pennsylvania Ave Winchester, VA 22601 114-01-122 Dave Holliday Rentals LLC 420 W Jubal Early Dr. Ste 103 Winchester, VA 22601 114-01-121 Martha De La Rosa 909 Pennsylvania Ave Winchester, VA 22601 114-01-120 Shameke L Mason 901 Pennsylvania Ave Winchester, VA 22601 133-07-119 Scott M Nelson ET UX 831 Pennsylvania Ave Winchester, VA 22601 133-07-118 Sammy L Riley JR 829 Pennsylvania Ave Winchester, VA 22601 133-06-1 Otis V Joyner 156 Hawthorne Dr Winchester, VA 22601 133-06-17 Richard D Murdoff 817 Pennsylvania Ave Winchester, VA 22601 133-06-16 William H Newlin 815 Pennsylvania Ave Winchester, VA 22601 133-06-15 William H Newlin 815 Pennsylvania Ave Winchester, VA 22601 133-06-14 Jannette M Matthiesen 811 Pennsylvania Ave Winchester, VA 22601 133-06-13 Danielle Plum 807 Pennsylvania Ave Winchester, VA 22601 133-06-12 Berverly H Dellinger 805 Pennsylvania Ave Winchester, VA 22601 133-06-10 Tammy M Bickert 801 Pennsylvania Ave Winchester, VA 22601 FREllERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 08/30/22 REQUESTED COMPLILTION DATE: 09/07/22 REQUESTING AGENT: Kathy STAFF MEMBER: Tyler TYPE OF MAP: Comp Plan _ Trallsportatloll _ Locator ✓ TDR Ag & Forest District _ C1P Other PIN: 43-A-22 and 54-A-11 DESCRIPTION OF REQUEST: Rezoning #08-22 Metromonl -Zoning Map Amendment Thank You! Kathy Submit Pam Deeter From: Tyler Klein Sent: Tuesday, August 30, 2022 12:51 PM To: Kathy Smith Cc: Pam Deeter Subject: Metromont REZ - adjoiners I have revised the adjoiner list with some additions and subtractions; we do not need to notify each residential property in the City since they are outside of the jurisdiction of Frederick County. Please let me know if you have any questions. M. Tyler Klein, AICP Senior Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 lklein c fcva.us 1 ` FREDERICK COUNTY ADJOINERS Label TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP 1 Q,CMJ 2 43 A 55A _s13 _A -28B CIVES CORPORATION SOUTHERN SCRAP COMPANY 210 CIVES LN PO BOX 3235 WINCHESTER VA 22603 3 54 A 14 METROMONT CORPORATION PO BOX 2486 WINCHESTER GREENVILLE VA SC 22604 29602 4 54 A 15 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602 5 54 A 32 1011 PENNSYLVANIA AVENUE LLC 3724 LINDA LN ANNANDALE VA 22003 30 54 A 10 SLIWINSKI HENRY F 942 N FREDERICK PIKE WINCHESTER VA 22603 31 54 A 2 FREDERICK COUNTY FRUIT GROWERS 801 FAIRMONT AVE WINCHESTER VA 22601 32 53 A 60 SREIT AUTUMN WIND LLC 591 W PUTNAM AVE GREENWICH CT 6830 33 54 A 12 METROMONT CORPORATION PO BOX 2486 GREENVILLE SC 29602 34 54 A 1 SHENANDOAH VALLEY BATTLEFIELDS PO BOX 897 NEW MARKET VA 22844 • CrIY OF w/No'e- ru ROJ;s C"/Ty H�tc, 15 �'��' sr t,Jj,,JChFsfW, v77 22C,,ci /9 r1 t T 11)l y,; Jm,0n6 y3 _ A-1 SA ?HI[6/P t0littA/Mt 6GC V d. SOX 2 SSC woll(. V Z.2V0L/ -A- SCA!? J-fAjkrA1S q?S NOfR �2 0 �E �nl VA. 22(-03 �. 3 - -2F� R�2ou►N v 3 Z f 2yG PK�ENI� , /� 2, ,'�t o36 N I4 /-�o�c�Zo�J s raN�riGc yA o...NHZ t 3 wE s T cKE�TZ�? PILE I�E�►��^' s Q Jh,c� � _A , Z ; FA 190�3 E M 1 g0 3017- Z Frederick Countv Adioiner Table CITY OF WINCHESTER ADJOINERS Lalbel TAX MAP # OWNER NAME MAILING ADDRESS MAILING CITY MAILINGSTATE MAILING ZIP 6 114-01 - 130 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 7 114-01 - 129 A & R RENTALS LLC 230 DEPENDENCE LN MIDDLETOWN VA 22645 8 1 14-01 - 128 VANCE MICHAEL E 1003 PENNSYLVANIA AVE WINCHESTER VA 22601 9 114-01 - 127 SPONAUGLE MADONNA Y TRUSTEE 1001 PENNSYLVANIA AVE WINCHESTER VA 10 114-01 - 126 GETZ MARILYN 110 SUNSET CIR CROSS JUNCTION VA 22601 22625 11 114-01 - 125 LICKLIDER DAVID �, 941 PENNSYLVANIA AVE r WINCHESTER VA 22601 12 114-01 - 124 ROBERTSON BEULAH D LIFE EST 933 PENNSYLVANIA AVENUE '0 x WINCHESTER VA 22601 13 114-01 - 123 MILLER JAMES ISAAC 925 PENNSYLVANIA AVENUE R WINCHESTER VA 22601 14 114-01 - 122 DAVE HOLLIDAY RENTALS LLC 420 W JUBAL EARLY DR, STE 103 WINCHESTER VA 22601 15 114-01 - 121 DE LA ROSA MARTHA 909 PENNSYLVANIA AVE WINCHESTER VA 22601 16 17 114-01 - 120 133-07 - 119 MASON SHAMEKE L NELSON SCOTT M ET UX 901 PENNSYLVANIA AVE 831 PENNSYLVANIA WINCHESTER VA 22601 AVE WINCHESTER VA 22601 18 133-07 - 118 RILEY SAMMY L JR 829 PENNSYLVANIA AVE WINCHESTER VA 22601 ,'19 133-07 - 117 CROSEN VERMONT JR 827 PENNSYLVANIA AVE WINCHESTER VA 22601 20 133-07 - 116 LAMB VIRGIE M 825 PENNSYLVANIA AVE WINCHESTER VA 22601 21 133-06 - 19 JOYNER OTIS V 1%2 156 HAWTHORNE DR WINCHESTER VA 22601 22 133-06 - 18 JOYNER OTIS V 1/2 156 HAWTHORNE DR WINCHESTER VA 22601 ?3 133-06 - 17 MURDOFF RICHARD I) 817 PENNSYLVANIA AVENUE WINCHESTER VA 22601 24 133-06 - 16 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 25 133-06 - 15 NEWLIN WILLIAM H 815 PENNSYLVANIA AVE WINCHESTER VA 22601 26 133-06 - 14 MATTHIESEN JANNETTE M 811 PENNSYLVANIA AVENUE WINCHESTER VA 22601 27 133-06 -13 PLUM DANIELLE 807 PENNSYLVANIA AVE WINCHESTER VA 22601 28 133-06 - 12 DELLINGER BEVERLY H 805 PENNSYLVANIA AVE WINCHESTER VA 22601 29 133-06 -10 BICKERT TAMMY M 801 PENNSYLVANIA AVE WINCHESTER VA 22601 MTV- 813 o f ZZ. Citv of Winchester Adioiner Table COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 I.�•�IlL•'t'�1G�' . November 14, 2022 Thomas Moore Lawson, P.C. P.O. Box 2740 Winchester, VA 22604 RE: REZONING #08-22 Metromont PIN #: 43-A-22 and 54-A-11 Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on November 9, 2022. The above -referenced application was approved to rezone +/- 20-acres (PIN # 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres (PIN # 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. Parcel PIN # 43-A-22 is located south of Route 37 and west of the terminus of Cives Lane. Parcel # 54-A-11 is generally located west of the City of Winchester limits and north of Route 522 are in the Stonewall Magisterial District. The proffer statement originally dated August 26, 2022, and revision dates of September 21, 2022, September 30, 2022, October 20, and November 9, 2022, 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 Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd Attachments cc: Judith McCann -Slaughter, Stonewall Supervisor Justin Kerns and William A. Orndoff, Stonewall Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution ✓Chris Pastorius, P.O. Box 2486, Greensville, SC 29602 Katherine Solenberger P.O. Box 1901, Winchester, VA 22604 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 t�1(Il��iit�t..ijl{'.rrf lli.f((!�r(lll ii� rtiril�at�rrltr�iflf COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Z.s: _. %ice 22301 RECEIVED Chris Pastorius P.O. Box 2486 NOV 2 3 2022 Winchester, VA - �. T aJ F N' Tit S FREDEgICK CGUNN _ n _ Z. PLANNING r,ND CV�LC4=f:�r�;