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01-20 RCS Investments LLC Stonewall PIN 54-7-7A M1 to M2 - Backfile
• 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid .Statement LA (2,.3,1a 0 File opened �y a,3 Reference manual updated/number assigned D-base updated �l a Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) o' 3 Planning Commission Meeting ACTION: 9 Qu,u , U J �) 0, 1w Board of Supervisors s Meeting ACTION: Z� Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's 2-0 I Reference manual updated `t `► L`3 D-base updated 0-10 Scanning updated Application Action Summary updated 7194 lao File given to Mapping to update zoning map 1 Zoning map amended Sys Ill# DATE RECEIPT 483248 RECEIVED FROM 1 I J ADDRESS DOLLARS 44 FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT CHECK PAID BAIANCE MONEY DUE ORDER BY `e 02001 REPIFORM® S1657N-CL Branch Banking and Trust Company 12312 4 El Ridgerunner Container, LLC Wnches42 VA 22601 P.O Box 318368 426�si4 Winchester, VA 22604 540,662. 2005 q m PAY TO THE flreder'Ick ��t�✓111`i �reciSafor e ORDEROF r �/ / (� /� o lb1/� 11��f{'P�/ 2XI" n Ordl/ arl aI'IC� ��/✓� DOLLARS 8 9ci m _ U " J / y N 7 i N _ � J q / AP o r MEMO C ; 001231211' 1:0514042601:00002559562991i' -�yi�S(1)RaOQnS�4lL >6210•g�.lfaiLFP�IR3; W-3lI .lO RWII'tPz[IIl:]Z<1cF.S::iII>:;m[i_cT.rAl�lzsu!aaLiT.s[.sTl3t-sZral:Rur_U[TJ.C=S_��.var..fi�R. '�'-- _,i �,+r�$" _ .G-'� � � -+. ��3 •s'1�" s.. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUI3LIC HEARING June 24, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: RE7,0NING APPLICATION 1/0 1 -20 I -OR RCS INVI STMENTS, LLC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 8, 2020, 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 #01-20 for RCS Investments, LLC., submitted by Greenway Engineering, Inc. to rezone 12.61+/- acres from the MI (Light Industrial) District to the M2 (Industrial General) District with proffers. The property is located at 220 Innboden Drive (Route 1327) at the terminus of cul-de-sac in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A. 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 Nvebsite at www.fcN,,i.tis/PCMectillgs-(Click on eConunent for the July 8, 2020, meeting). Email to County staff at kvaccliio a,fcva.us or sconner(aDfcva.us Mail to Planning Department -July 8, 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 frles(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/PCMeetines. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY ofFREDE AZICK Department of 111.11111ing & Development 107 North Kent Strect, Suite 202 Winchester, Virginia 22601 RECEIVED JUL 13 2020 FREDERICK COUNTY PLANNING AND DEVELOPMENT NOVA220 06124,12020 24 JUN 2020 IDIf'IA 6 L 0"t L o. 54 - 7- - 6-A SANTMYER SHERRY L CR 220 DURANGO GO 81303 T A ZIP 22(301 OIIDI1646815 C, P 'S -.1 N A. 1. 7 1�. ilill I till 111111 ... 1111111 IIH1111111111111011 I hijW1111111111 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/665-6395 July 9, 2020 Mr. Evan Wyatt Greenway Engineering, LLC 151 Windy I -Jill Lane Winchester, VA 22602 RE: REZONING #01-20 RCS Investments, LLC., PIN: 54-7-7A Dear Mr. Wyatt: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 8, 2020. The above -referenced application was approved to rezone 12.61+/- acres from the M 1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is located at 220 Imboden Drive (Route 1327) at the terminus of the cul-de-sac in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A. The proffer statement originally dated March 16, 2020 that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of' ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick Count), Clerk of Circuit Court for recordation. Please do not liesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Judith McCann -Slaughter, Supervisor Stonewall District William Cline and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution RCS Investments, LLC, P.O. Box 3183, Winchester, VA 22604 107 North Kent Strect, Suite 202 9 Winchester, Virginia 22601-5000 Pam Deeter To: Judy McCann -Slaughter; 'wcline.fredcogovpc@icloud.com'; Gary Oates Subject: Rezoning #01-20 RCS Investments Attachments: RCS Investments #01-20 Approval.doc Good afternoon, Please find attached the approval letter for RCS Investments, LLC from Ms. Perkins. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: Gary Oates (Greywolfeinc@aol.com) Sent: Thursday, July 9, 2020 2:43 PM Subject: Relayed: Rezoning #01-20 RCS Investments Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Gary Oates (Greywolfeinc(&aol com) (Greywolfeinc(a)aol com) Subject: Rezoning #01-20 RCS Investments 0 Rezoning #01-20 RCS Investment... Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Thursday, July 9, 2020 2:43 PM Subject: Delivered: Rezoning #01-20 RCS Investments Your message has been delivered to the following recipients: Judy McCann -Slaughter (islaughteolfcva us) Subject: Rezoning #01-20 RCS Investments 0 0 REZONING APPLICATION 901-20 �GV . cot, RCS Investments, LLC Staff Report for the Board of Supervisors w Prepared: June 25, 2020 4 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director SYriA� me Reviewed Action Planning Commission: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the I3aker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive (Route 1327) at the terminus of the cul-de-sac. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/08/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 12.61+/- acres from the MI (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies the property with an industrial land use designation, therefore, the existing M1 Zoning as well as the requested M2 Zoning are consistent with the goals of the Plan. The Planning Commission did not identify any conceives with the request and recommender) approval of the application at their June 3, 2020 meeting. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-I Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per building square foot for County Fire and Rescue services. Following the required public hearing, a decision re,Qardinf,J this rezoning application by the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address al! concerns raised by the Board of Supervisors.I Rezoning 110 1 -20 RCS Investments June 25, 2020 Page 2 This report is prepared by the Frederick Comity Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist theirs in slaking a decision oil this application. It slay also be useful to others interested in this zoning inattei'. Unresolved issues concerning this application are noted by Staff ►vliere relevant throughout this Staff report. Reviewed Action Planning Commission: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres from the M 1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive (Route 1327) at terminus of cul-de- sac. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Industrial/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: MII-1 (Mobile Home Community) District Use: Residential M 1 (Light Industrial) District Use: Industrial South: RP (Residential Performance) District Use: Residential M1 (Light Industrial) District Use: Industrial East: Interstate 81 Use: N/A West: M I (Light Industrial) District Use: Industrial Rezoning #01-20 RCS Investments June 25, 2020 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 1327 (hnboden Drive). The route is the VDOT roadway, which has been considered as the access to the property referenced. The existing entrance is adequate for the proposed use. Frederick Water: Please see letterfi'om Eric R. Lawrence, AICP, Executive Director dated February 5, 2020. Frederick -Winchester Service Authority: FWSA defers comments to Frederick W Frederick County Department of Public Works: Please see letter -oin Gloria kf.. Solid ff aste Manager dated April 20, 2020. Frederick County Department of Inspections: Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement. The one comment is that, because approved proffer statements are recorded in the land records, they must meet recoding standards. Relative to the proposed proffer statement, the Clerk's Office will not record the cover page with the aerial picture. This in turn means that the page numbers on the remainder will need to be removed or restart at "1" , as the "2" on the first page will create confusion. Planning & Zoning: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified the subject property as being zoned M2. The property was downzoned from the M2 District to the R-3 District in 1980 with the Comprehensive Rezoning of Frederick County. The property was rezoned to the M1 District with rezoning #06-84 which was approved by the Board of Supervisors on July Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key Rezoning 110 1 -20 RCS Investments .June 25, 2020 Page 4 components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance oil the future development of the property. "I'lle property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 Zoning is consistent with the land use supported by the Comprehensive Plan. 3) Proffer Statement— Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per building square foot for County Fire and Rescue services PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/03/20 MEETING: To rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. Chairman Kenney inquired is this outside storage of raw materials. Staff explained that any product brought in for recycling purposes would be stored within the structure. Chairman Kenney further inquired if the existing containers are permitted; Staff stated that containers are part of the M-1 and permitted. Mr. Evan Wyatt of Greenway Engineering, Inc., representing the Applicant provided a brief overview of the intent of the application. He provided photos offering a visual of the operation. Commissioner Morrison stated this is a necessary process, however, if items recycling items do wind up outside of the facility, if there is anything in the process or proffers to ensure things will be cleaned up promptly. Mr. Wyatt explained, the operation would be responsible and if something were to end up outside, they have the manpower to clean it up. 0 0 Rezoning 1101-20 RCS Investments ,Lune 25, 2020 Page 5 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to conic forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. There were no public COmnlCnts during the public hearing and the Planning Commission recommended approval of the rezoning application. A motion was made, seconded, and unanimously passed to recommend approval of the Rezoning 80 1 -20 for RCS Investments. Following the required public hearing, a decision regarding, this rezoning, application by the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 REZONING APPLICATION 801-20 "CV, CoG RCS Investments, LLC Qw4,ria Staff Report for the Planning Commission Prepared: May 22, 2020 w� Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director ,,qf l lq nie Reviewed Action Planning Commission: 06/03/20 Pending Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres from the M I (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive (Route 1327) at the terminus of the cul-de-sac. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/03/20 PLANNING COMMISSION MEETING: This is an application to rezone 12.61+/- acres from the MI (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies the property with an industrial land use designation, therefore the existing M I Zoning as well as the requested M2 Zoning are consistent with the goals of the Plan. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per building square foot for County Fire and Rescue services. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised bV the Planning Commission. 9 0 Rezoning 110 1 -20 RCS Investments May 22, 2020 Page 2 This report is prepared by the Fi-ederick County Planning Staff to provide inforsultion to the Planning Commission and the Board of Supervisors to assist them in slaking a decision oil this application. It slay also be useful to others interested in this zoning inatten Unresolved issues concerning this application are noted by Staff inhere relevant throughout this Staff report. Reviewed Action Planning Commission: 06/03/20 Pending Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres fro►n [lie M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. "I'he subject property is part ofthe Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Iinboden Drive (Route 1327) at terminus of cul-de- sac. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Industrial/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: MI-I-1 (Mobile Home Community) District Use: Residential MI (Light Industrial) District Use: Industrial South: RP (Residential Performance) District Use: Residential M1 (Light Industrial) District Use: Industrial East: Interstate 81 Use: N/A West: M 1 (Light Industrial) District Use: Industrial • 0 Rezoning 110 1 -20 RCS Investments May 22, 2020 Page 3 REVIEW EVALUATIONS: Vir14inia Dept. of Transportation: "I IlC CIOC11111Ciltat1011 wltlllll the application to i-ezoile this l)rol)Crty appears to have little measurable impact on Route 1327 (hnbodcn Drive). The route is the VDOT roadway, which has been considered as the access to the property referenced. The existing entrance is adequate for the proposed use. Frederick Water: Please .see letter fr•orrr Uric R. Lcrtivrence, AICP, L'xecrrtii,e Director• elated February 5, 2020. rederick-Winchester Service Authoritv: FWSA defers comments to Frederick Water. Frederick County Department of Public Works: Please sec letter front Gloria rll. Pr jIbiburger, Solid Waste rWanager dated April 20, 2020. Frederick County Department of Inspections: No comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Rel4ional Airport: No continent. County of Frederick Attorney: I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement. The one comment is that, because approved proffer statements are recorded in the land records, they must meet recoding standards. Relative to the proposed proffer statement, the Clerk's Office will not record the cover page with the aerial picture. This in turn means that the page numbers on the remainder will need to be removed or restart at "1" , as the "2" on the first page will create confusion. PlanninjZ & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified the subject property as being zoned M2. The property was downzoned from the M2 District to the R-3 District in 1980 with the Comprehensive Rezoning of Frederick County. The property was rezoned to the M1 District with rezoning 406-84 which was approved by the Board of Supervisors on July 11, 1984. 2) Comprehensive Pla The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key 0 0 Rezoning 1101-20 RCS Investments May 22, 2020 Page 4 components of Community life. The priinnary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. band Use The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 Zoning is consistent with the land use supported by the Comprehensive Plan. 3) Proffer Statement— Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetaiy Contributions The owner proffers to provide a monetary contribution of $0.10 per building square foot for County Fire and Rescue services A reconiniendation regarding this rezoning application to the Board of Supui,isors would be appropriate. The Applicant should be prepared to adequately addt•ess all concerns raised by the Plannin,- Commission. ' 13 s -. gib.. , • t IMBODEN DR - -� • �.` IMBODEN DR IB7- 'IMBODEN DR I70 )DEN DR 14 =i 4 Lj �j I ol 21 REGENCY REGt LAKES DR LAKE 44 REZ 1-20 zo 81 172 IMBODEN DR 200 IMBODEN DR 709 ti 41"My—'It too S lot 1, BA y It S —WCT# BANBURY 6 S ON CTOA, 203 60 BUTTON CV BANBU SuTr8`Nb — 213 201 surroN'cT BANBURY TER I !02 SUTTON*CT TON CT 4 215 SUTTON 114 t,4 * SUTTON CT 313 • 108 SUTTON CT 2021 SUTTON CT X. BUTTON CT BUTT CT SUTr6N ,4 214 CT#* 315 � * 200 BUTTON CT 107 SUTTON CT SUTTON CT 15 101 BRAEBURN DR 210 02 BURY. BRAEBURN DR 203 SUTTON CT SUITON CT BRAEBURN DR VSUTTdN'CT 14tf 201 . .Y31 P 213 102, BRAEBURN DR, BRAEBURN 01 BUTTON cy BRAEBURN DR 215 Too Afr 1 12. BRAEBURN DR- tl 3 15 BRAEBURN"DR'' DR 3 DR BRAEBURN�D I WRAN61IN DR 411 ANBURYTER BARRINGTONIL 31. BRAEBURN DR 507 "'A 13 BRAEBURN t 1#14326 311 N I. R! B'AEB BARRING' 320 TLO N �LN "q3 BRAEBURN BRAEBURN DR NBURY TER 301 el? '413 31 - 519 314 BARRtNGTON,L, , STRATFC ' R • 'BRAEBURN A I A�B�U R NBD R BRAEBURN DR 0 WRY TER IRD D 509 BRAEBURN 211 4 RAiBURN DR 521 BARRINGTON L BARRINGTON LN 14 O Application Parcels Sewer and Water Service Area gas 1MeooeN oR is9 IM�ODEN OR REZT01 - 20: RCS Investments, LLC PIN: 54 - 7 - 7A Rezoning from M1 to M2 Long Range Land Use Map yea IM�ODEN DR O,p REZ -01-20 aM 0 APpl,ca. - Parcels Sewer and Water Service Area. Long Range Land Use Residential Neighborhood Village ?� Urban Center • Mobile Home Community Q Business Highway Commercial Mixed -Use i ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office 40 Industrial ® Warehouse Heavy Industrial Extractive Mining Commercial Rec se-) Rural Community Center Fire & Rescue \ • 4a Sensitive Natural Areas ® Institutional tAo Planned Unit Development4V/ Park ir7 Recreation O S h I e c Employment Airport Support Area O B2/B3 QResidential. 4 u/a QHigh -Density Residential, 6 u/a QHigh -Density Residential. 12-16 u/a 1 ORural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources iun 600 Feet 4 7 O o., i�m E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Mao Created: Aoril 24, 2020 Creenway i:ngineering March 16, 2020 Tax Parcel 54-7-7A RCS INVESTMENTS, LLC REZONING TAX PARCEL 54-7-7A PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to M-2, Industrial General District PROPERTY: Tax Parcel 54-7-7A (here -in after the "Property") MAGISTERIAL DISTRICT: Stonewall Magisterial District RECORD OWNER: RCS Investments, LLC APPLICANT: RCS Investments, LLC (here -in after "Owner") PROJECT NAME: RCS Investments, LLC Rezoning ORIGINAL DATE OF PROFFERS: March 16, 2020 REVISION DATE: TBD Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 12.61± Property from the M-1, Light Industrial District to the M-2, Industrial General District with proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 54-7-7A, owned by RCS Investments, LLC recorded as Instrument No. 200002798 and is further identified by the attached Boundary Line Adjustment Plat prepared by GreyWolfe, Inc., dated November 19, 2019 that is included as part of the Proffer Statement. rile# 2131R 0 • Creenway Gngincering March 16, 2020 Tax Parcel 54-7-7n PROFFER STATEMENT A) Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: ➢ All uses allowed in the M-1 Light Industrial District ➢ Recycling Operations (No SIC Code) 2. The Owner proffers to prohibit the outdoor storage of materials utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for new structural development on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File# 2131R 2 Greenway Engineering March 16, 2020 Tax Parcel 54-7-7A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B _�� RCS Investments, LLC Date Ross Grant Hewitt, Managing Manager Commonwealth of Virginia, City/Cop of ��-e f l C To Wit: The foregoing instrument was acknowledged before me this Zday of 1 20 c Q by RV/6 )a&k �Ve-w I -0— 1W, 0C My Commission Expires Notary Public _ DEANNA D ALEXANDER NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA B �,i� MY COMMISSION EXPIRES SEPT. 30, 2020 }'' - / t -,,,r Rio lyrlU�pi•' vlvobb Investments, LLC v�-/ Date bdie Ann Hewitt, Managing Manager Commonwealth of Virginia, City/Cou y of R% dp C N To Wit: The foregoing instrument was acknowledged before me this 2_day of Urd 200D byWl- awmm 1 My Commission Expires 3D QDRD Notarya lic DEANNA D ALEXANDER NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPT. 30, 2020 file# 2131 R _'..�.,.�...,.>.m�...�_... l FREDERICK WATER 315 Tasker Road PH (540) 868-1061 Stephens City, Virginia 22655 Fax (540) 868-1429 www.FrederickWater.coni February 5, 2020 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning Application Comment RCS Investments, Inc. Tax Map Numbers: 54-7-7A 12.61 +/- acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the RCS Investments industrial commercial rezoning application package, dated January 21, 2020. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA). The parcel is currently served by FW, and the rezoning and proposed recycling use does not anticipate significant increases in water and sewer use. Therefore, the proposed use does not appear to impact FW's water and sewer service. Any proposed construction on the property must avoid the existing water and sewer easements on the property. Thank you for the opportunity to offer review comments. Sincerely, 19 Eric R. Lawrence Executive Director Water At Your Service 0 40 a COUNTY of FREDERICK �c Department of Public Works 540/665-5643 FAX: 540/ 678-0682 April 20, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for RCS Investments, LLC Property Identification Number (PIN): 54-7-7A — Imboden Drive Dear Evan: After careful review of the above request of the above request and proposed proffer statement dated January 21, 2020, with the intent to develop a recycling operation, I submit the following: ■ Transportation: Facility is anticipated to generate 10-12 new vehicle trips per week. In the event that the Frederick County utilizes this facility for the marketing of its materials (cardboard, metal cans, plastic bottles and jugs), approximately 20 inbound vehicle trips would be made each week. This is in addition to trips by other localities, such as the City of Winchester, which would add another six inbound vehicle trips per week for its co -mingled materials and cardboard. • Solid Waste Disposal: Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week. This statement may only refer to the vehicle trips made by the applicant for its current needs. However, if it is the applicant's desire to bring in outside customers, logically, this number will be considerable higher. Although it is most desirable to receive and process clean materials, some residue is unavoidable. Based on industry standards, up to ten percent of all material received at the proposed facility will be culled out as unrecyclable and deposited at the regional landfill. Therefore, impacts to the local landfill and associated waste is a percentage of materials processed. The department would recommend that contractual agreements be put into place by the owner and those utilizing the facility to reject loads that consistently exhibit contamination levels exceeding ten percent. ■ Other Potential Impacts: Maintaining a high standard of quality as it pertains to materials received for processing will curtail processing costs on the part of the applicant and limit impacts to the Frederick County Regional Landfill. The department supports the operation of an economically viable recycling facility with indoor storage which will mitigate any impact to surrounding properties while potentially serving the needs of area localities and businesses with a local, reliable and sustainable market for recyclables collected across the region. Sincerely Gloria M. Puffinburger Solid Waste Manager cc: Joe Wilder, director file To be complefed by Planning Sf Fee Amount Paid $ , v Zoning Amendment Number I Anticipated PC Hearin ite _ P 'i "?o - Date Received �'} 0 Anticipated DOS Hearing Date 1 1`i 1 0 r � a REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: RCS Investments, LLC Specific Contact Person if Other than Above: Ross Hewitt & Jodie Hewitt Address: PO Box 3183 Winchester, VA 22604 Telephone: (540) 662-2005 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: rhewitt@reswaste.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Naive: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: i AI 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 0 E 4. Project Name (if any): RCS Investments, LLC Rezoning 5. Property Information: a. Property Identification Number(s): 54-7-7A b. Total acreage of the parcel(s): 12.61 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 12.61 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: M1 Light Industrial District 12.61+/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: M2 Industrial General District 12.61+/- Acres f. Magisterial District(s): Stonewall District 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): 220 Imboden Drive (Route 1327) at terminus of cul-de-sac h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. RCS Investments, LLC: Ross Grant Hewitt & Jodie Ann Hewitt, Managing Members Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: MLocation Map Q Plat Depicting Metes/Bounds of Proposed Zoning E Impact Analysis Statement � 21 Proffer Statement (if any) 0 Agency Continents ❑ Fee Copies of Deed(s) to Property(ies) 0 Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 0 0 7. Signature(s): I (we), the undersigned, do hereby respectfully snake 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. i Owner: ZA// e 4� Date 4, 2 �2 If signing on behalf of an entity, please state name of entity and your title: Owner: Date o o Zigning on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): r tx l� . L 1 -9 �1 Date 4 If signing on behalf of an entity, please state name of entity and your title: �rPccHoL-1 LNC�i�J��=��Jc If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 / T W Z qr �' LAJ o \ z o� r / LAKES DR— �M BOpe� op % a �� ...\ 4vot`t'tIIV C7(J Q Z C7 U) _Z 54 7 7A 10 ji Z w z w w O O J 4qP L Q U 4 s W 3GrroH ?yQR r m U Q z r Z I�� ypL J a w Legend ` s cc Parcel Bounaa•, '�f' 1 2 z � uJ a QSubject Parcels 6uRh 44 DWN'n�PL w O oQ O w > R Y i AEJaners z O U 2 Q U 3 wo ry �i w w Feet o LL R u n 300 0 7300 �w ID TaaMa Num Owner _ Mailing Address Mall Cit State Mail 2f 1 54 A 91 MO7HERSHIP DROPCO GSE VA LLC, O RV HORIZONS INC 5600 S QUEBEC ST SUITE 220A GREENWOOD VILLAGE, CO 80111 2 54 7 12 SQUARE PEG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER, VA 22fi01 3 54 7 58 MILL CREEK LLC 1721MBOOEN DR WINCHESTER,VA 22603 l 54 7 6A SANTMYER SHERRYL CR 220 DURANGO, CO 81303 S 54l 2 2 29IA HUN TINGTON MEADOWS HOMEOWNERS ASSOC, C/O DON BUTLER 19 W BOSCAWEN ST WINCHESTER, VA 22601 +ao as Sa,m 1 -o Caunry .r G15 Dsp�t 7018 ow 0 9 Fl-edeli& COL111ty VI1.()lIlIcl tm .,, mt To Pay/1Looluip Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2019 REAL ESTATE Dept/1 ickclll RE2019 / 325150002 Frequency [2-1 supplenlcntit i o Name IRCS INVESTMENTS LLC Map/1 Accountll 18028393 Name 2 1 Bill Date O4I1812019 Acreage 9.800 Address L230 MILLER RD Due Date 12/05/2019 Improvements $1,141,50000 — WINCHESTER VA Dese BAKER LANE IND PRK L7A Land Value S674,500.00 [9.60ACRES Land Use 50.00 Zip 22602 2630 Minerals $000 Penalty Paid $000 Interest Paid S0.00 Last Transaction Date;11/14/2019 i Original Bill Payments Principal Balance Due Penalty Interest Balance Due 55,53880 ($5,538.80) $0.00 $000 5000 S000 � hran.nclion Ili.lun Date Type Transaction# Amount Balance 12/6/2019 Charge 0 S5,538.80 S5,538.80 11/13/2019 Principal Paid 19955 (S5,538 80) S0.00 Previous RCS INVESTMENTS, LLC REZONING IMPACT ANALYSIS STATEMENT Tax Parcel 54-7-7A Stonewall Magisterial District Frederick County, Virginia March 16, 2020 Current Owner: RCS Investments, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0. Grcemsay Engineering • March 16, 2020 RCs 1n\'CSlmeots. LLC Rezoning RCS INVESTMENTS, LLC 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 a 12.61±-acre subject property owned by RCS Investments, LLC identified as Tax Map Parcel 54-7-7A. The subject property is located on the northeast side of Imboden Drive (Route 1327) and adjacent to Interstate 81. The 12.61± acre subject property is currently zoned M-1 Light Industrial District and the Owner proposes to rezone the subject property to M-2 Industrial General District with proffers to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. The Frederick County Zoning Administrator issued a Zoning Determination Letter dated December 5, 2019 advising that Recycling Operation land uses are permitted within the M-2 Industrial General District only and the subject property would be required to be rezoned for the proposed land use. Basic information Location: Fronting on the northeast side of Imboden Drive (Route 1327) adjacent to Interstate 81 Magisterial District: Stonewall District Property ID Numbers: 54-7-7A Current Zoning: M-1, Light Industrial District Current Use: Office; Transportation Services; Transportation Fleet Parking and Container Storage Proposed Zoning: M-2, Industrial General District Proposed Use: M-1 District permitted land use and Recycling Operations Total Rezoning Area: 12.61±-acres with proffers File #2131 R/ Impact Analysis slalemenl/HAW 2 • Greenway Nnginecring 0 March 16, 2020 RCS Investments, LLC Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, C011llllCl'C1al, Industrial and institutional land use development Is encouraged in the County. The 12.61± acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of' the subject property is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also Cxtcnds outside Of the UDA to accommodate areas Ol the County In which commercial and indMtrlal land use development is only desired. The 12.61± acre Subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of the subject property is not required for this rezoning application. Comprehensive Plan Conformity The RCS Investments, LLC 12.61± acre subject property is a component of the Northeast Frederick Land Use Plan (NFLUP) which is a large area plan within the County's Comprehensive Policy Plan. The subject property is located within the southern area of the land use plan and is identified as industrial land use based on its current zoning and development condition. Adjoining properties are identified as industrial and residential land use and are developed as office, warehouse and manufacturing; a townhouse subdivision and a mobile home park. The 12.61±-acre subject property is zoned M 1 Light Industrial District and the Owner has proffered to limit land uses to those permitted in the M 1 District and Recycling OperatioIs that prohibit waste transfer stations and prohibit the Outdoor storage of recycled materials used in the Recycling Operations. Therefore, the proposed industrial rezoning of the subject property would be in conformity with the Comprehensive Policy Plan and would be compatible with adjoining properties. SUITABILITY OF THE SITE Access The 12.61±-acre subject property is located on the northeast side of Imboden Drive (Route 1327) and is adjacent to Interstate 81. Imboden Drive is a two-lane state -maintained road which serves as access to the subject property and other developed industrial properties. Greenway Engineering met with the County Transportation Director to discuss the proposed rezoning and proffered land use restrictions and it was determined that the existing transportation network was sufficient to accommodate the future development of the subject property. Greenway Engineering prepared a traffic impact analysis waiver request dated File #2131R/ Impact Analysis Statemenl/HAW 3 Greenwny lingineering 0 March 16. 2020 RCS Investments, LLC Rezoning December 19, 2019 which was approved by the County Transportation Director on January 21, 2020. Flood Plains The 12.61±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 12.61±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. Soil Types The 12.61±-acre subject property contains three 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: 1B Berks Channery Silt Loams 2-7% slope 9B Clearbrook Channery Silt Loams 2-7% slope 41C & 41E Weikert-Berks Channery Silt Loams 7-65% slope None of the soil types on the subject property are identified as prime agricultural soils. The Berks Channery Silt Loam is the predominant soil type on the subject property and is considered moderate soils for the construction of small commercial buildings based on slope and wetness properties. This soil type is conducive for industrial development as evident by existing structural development on the subject property and adjacent to the subject property. Other Environmental Features The 12.61±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the subject property. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: MH-1 Mobile Home District Use: Mobile Home Park South: RP Residential Performance District Use: Townhouse Subdivision Nile 1l2131 R/ Impact Analysis Statement/LAW 4 Greenway Engineering is • March 16, 2020 RCS Investments, LLC Rezoning East: No Zoning Designation West: M-1, Light Industrial District TRANSPORTATION Use: Interstate 81 Use: Office; Warehousing and Manufacturing The 12.61±-acre subject property is located on the northeast side of Imboden Drive (Route 1327) and is adjacent to Interstate 81. The proposed rezoning from the M-I Light Industrial District to the M-2 Industrial General District is intended to allow for the Construction of a new building that is projected to be 30,000 square feet in area that will allow for Internal storage and processing of collected clean, reusable recycled materials. These recycled materials will be unloaded, baled and warehoused internally to the proposed Recycling Operations Facility for distribution. The Owner's Proffer Statement limits the land uses On the subject property to allowcd land uses within the M-1 District and to Recycling Operations. Additionally, the Owner's Proffer Statement prohibits waste transfer stations in Conjunction with the Recycling Operations and prohibits the Outdoor storage of materials utilized in Recycling Operations. RCS Investments, LLC currently utilizes 220 Imboden Drive for the parking of their vehicle fleet including trucks used in their collection operations; as well as for the storage of empty collection containers. The development of the proposed 30,000 square feet Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week from the subject property in Conjunction with the distribution portion of the business operation. These additional vehicle trips will utilize Imboden Drive, Baker Lane and Fort Collier Road to access primary arterial roads and Interstate 81. This transportation network Involves existing public road systems that Can accommodate distribution traffic. Additionally, the distribution vehicle trips will occur during business Operation hours which will not necessarily occur- during the AM/PM Peak Hour traffic periods. Greenway Engineering met with the Frederick County Transportation Planning Director to discuss the proposed rezoning application and the additional traffic generation projections for the proposed 30,000 square feet Recycling Operations Facility. The Frederick County Transportation Planning Director determined that a Traffic Impact Analysis (TIA) would not be required and provided a TIA waiver for the proposed rezoning application on January 21, 2020 based on the following considerations: ➢ The Owner's Proffer Statement will restrict the property to land uses Currently permitted in the M-1 District and to a Recycling Operations Facility with restrictions as a condition of rezoning to the M-2 District. ➢ The location of Tax Map Parcel 54-7-7A creates a constraint which will significantly limit the potential to expand of the proposed facility. ➢ The projected increase in vehicle trips associated with the distribution portion of the proposed facility is insignificant and will result in some new vehicle trips occurring during off-peak hours. File #2131 R/ Impact Analysis Statement/GAW 5 Greenway Engineering • March 16. 2020 RCs Invcsnnents, LLC Rezoning The existing transportation network has been demonstrated to adequately accommodate distribution traffic. The Owner's Proffer Statement provides for land use limitations and restrictions that will adequately mitigate transportation Impacts associated with this rezoning proposal for the 12.61±-acre subject property. SEWAGE CONVEYANCE AND TREATMENT The 12.61±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water has existing sewer infrastructure in place that serves the various land uses within proximity of the subject property and has an existing sewer easement on the subject property for a gravity main collection system. The gravity main collection system directs sewer effluent to the Opequon Wastewater Treatment Facility (OWTF) which has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. RCS Investments, LLC desires to construct a 30,000 square -foot Recycling Operation that will allow for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a sewer intensive land use; however, Greenway Engineering has utilized standard industrial land Use calculations for the sewer demand projections specific to this rezoning application. Q = 75 gallons/day per 1,000 square feet industrial Q = 75 GPD x 30 (30,000 sq.ft./1,000 sq.ft.) Q = 2,250 GPD TOTAL: Q = 2,250 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. Frederick Water currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 2,250 GPD for the 12.61±-acre rezoning represents 0.08% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water File #2131 R/ Impact Analysis Statement/EAW 6 Grcenway Engineering 0 March 16, 2020 RCS Ineesunents, LLC Rezoning inlraStRiClure Within this area of the County. Frederick Water has an existing 8-Inch Water line located along Imboden Drive that serves the 12.61±-acre subject property. RCS Investments, LLC desires to construct a 30,000 square -foot Recycling Operation that will allow for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a water intensive land use; however, GreenWay Engineering has utilized standard industrial land use Calculations for the Water demand projections specific to this rezoning application. Q = 75 gallons/day per 1,000 square feet industrial Q = 75 GPD x 30 (30,000 sq.ft./1,000 sq.ft.) Q = 2,250 GPD TOTAL: Q = 2,250 GPD projected sewer demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Additionally, Frederick Water is implementing the Opequon Water Supply Plan (OWSP) that will provide an additional 8.0 MGD of potable water during the initial construction phase which in currently underway. Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Additionally, Frederick Water has existing Infrastructure that provides adequate transmissio❑ of potable water with adequate Water pressure for land use and fire demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance and pressure. SITE DRAINAGE The topographic relief on the 12.61±-acre subject property generally follows a west -to - southwest pattern which directs drainage towards the rear of the property. A stormwater management system was previously developed which directs stormwater through an existing 20-foot drainage easement from Imboden Drive along the southwestern boundary of the subject property towards a stream channel within the Huntington Meadows Subdivision. This stream channel directs stormwater under Interstate 81 towards Berryville Pike (U.S. Route 7) and flows to the Opequon Creek. Development of the projected 30,000 square -foot Recycling Operation Facility will increase impervious area on the 12.61±-acre subject property; therefore, stormwater quality and quantity will be evaluated, and appropriate measures will be implemented on -site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management Channel and to adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the subject property will be required to be designed in conformance with all File #2131 R/ Impact Analysis Statement/l,AW 7 Greenway Engineering • March 16, 2020 RCS Investments, LLC Rezoning applicable state and local regulations; therefore, site drainage and storinwater Illanage111ent impacts t0 adjoining properties and the C0111111U111ty will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed industrial land use on the 12.61±-acre portion of the subject property proposed for rezoning can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4°i edition). It is anticipated that the buildout of the Recycling Operation Facility will yield 30,000 square feet of new land use; therefore, solid waste disposal impacts are based on the following proJectlons that provide the Increase In average annual solid Waste volume for the proposed rezoning: AAV = 5.4 cu. yd. per 1,000 sq. 1t. industrial AAV = 5.4 Cu. yd. x 30 (30,000 sq. ft./1,000 sq. ft.) AAV = 162 cu. yd, at build -out, or 113.4 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 113.4 tons of solid waste annually on average. This represents a 0.056% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the industrial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property (#34-456) within proximity of the 12.61±-acre subject property proposed for rezoning. The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property as already on the state and national register of historic places and approximately 447 acres of this property has been purchased by the Civil War Preservation Trust. This property is located on the east side of Interstate 81 and adjoins land that is developed as residential, commercial and institutional land use. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 12.61±-acre subject property proposed for rezoning as being located within the defined Opequon (Third Winchester) core battlefield area. The National Park Service Study further identifies the subject property and all developed properties On the west side of Interstate 81 as areas of lost integrity resulting from intensive urban development in this portion of the County and the City of Winchester. Pile #2131R/ Impact Analysis Stale ment/EAW 8 Greenway Engineering 0 March 16, 2020 RCS Investments, LLC Rezoning The development of additional industrial land use on the 12.61±-acre subject property proposed for rezoning is consistent with other properties in this area of the County. The Northeast Frederick Land Use Plan (NFLUP) does not identify the subject property as historic or as developmentally sensitive area. The proposed rezoning Of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The development of the 12.61±-acre portion of the subject property proposed for rezoning will a allow for the development Ol a 30,000 square -foot Recycling Operation for internal storage and processing Ol clean, reusable recycled materials that will baled and warehoused for distribution. This proposal will provide new economic CICVCIOpulC(lt Opportunities for Frederick County and will assist Frederick County In redu6110 impacts to the Regional Landfill. It is recognized that the development of industrial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 12.61±-acre subject property. File #2131 R/ Impact Analysis Statement/GAW 9 Yap Dar Sa FnaanO C—V. N. GIS Deob'W rK 2019 Daft . Ae" Phca Imm 2011 Lind �17 in -GMT` Parcel Boundary b, Subject Parcel Sewer & Water Samoa Area (SWSA) a Urban Development Area (UDA) N Water Lateral j Water Main �. Sewer Force Main 7 aTRATFORD OR—T — Sewer Gravity Main t}T( c t� B Feet L400 0 400 s;n� M^ IWo Jw Sa/r FMnrA Car^rl'. �A GIS D�prFwnl I019 Dw. c / I J!a r.CM c S s 'Ns'O�sws saUOA c' 0 s, r` '4 c� -w �e \ • Jown Parcel Boundary Q Sub)ed Parcel �s Netland (NWI) Lake or Pond / i� 100 Year Floodplain — Stream Feet 1200 0 200 INp D� S— FAOYIO CarMy, VS G6 usp� m1w —a 5477A z _. ..F� 9e _ f f aim Z'- LIJ W o �z W U J 54 7 7A J F-(D a z a z F- = z Cl) O m cn NJ .. _ ..... ... ._ O ZZ1p Z — Up, C/) P Q' O� ' r U m � Wd 11F 41C Q Zy i moo. 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Q rn VJ W 2 Z W z H �O W (n N LL W W U Z rn CO L) 2 U o �4Z a z U K w J d ui W51 O K w w Z Z O coO o U LU 2 i U °e J 1 U cow 0 8 =zw 5 O LL m �w o � y Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: RCS Investments, LLC Name of Property O\vner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 3183 Winchester, VA 22604 (540) 662-2005 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: 54-7-7A 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 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 followfor the above identified property: ❑✓ in , Rezoning Subdivision Conditional Use Permit F1 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 r es cind/ odify it. Signature Title (if signing on behalf of an entity) State ofy \ �Al {l 10�'_ , County/Cityof �r,°d e� IcIL , To wit: I, Deu (]Gala& ����{�� Q , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before the and has acknowledged the same before mein the jurisdiction aforesaid this a() day of ���, 20 a O Loaft,& VO (A-036AM&-- Notary Public "" '"--' DFANIVA D ALEXANDER NOTARY PUBLIC REG. ##7135427 COWAONWEALTI-I OF VIRGINIA C-01VOri SSION EXPIRES SEPT. 30, 2020 My Commission Expires: ROW Registration Number: --TOM 617 v � ��,RG-1 �-1 �i1-� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.0 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: RCS Investments, 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 nmltiplc persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 3183 Winchester, VA 22604 (540) 662-2005 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: 54-7-7A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-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, Virginia for the followin , 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 day that it is signed, or at such sooner time as I otherwise rescind or modif it. Signature�� Title (if s• ing on behalf of an entity State of 1 r�� n 10� , County/City of FC-ekec IcK , To wit: I, 7:D=2 CL A R )� WeKa116�P (— , 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 QQ_ day of AAPi t , 20 0 4)0 turn (A.KO (Ao0) XcA 4 Notary Public i:Yiitt%i; lA D ALEXANDER iv fARY PUBLIC i#7135427 OF VIRGINIA ��. .��„!!�1 t-:XPIRES SEPT. 30, 2020 My Commission Expires - 30'2?P'? ] Registration Number: 1 To be completed by Planning Staff. - Zoning Amendment Number Date Received Fee Amount Paid $ Anticipated PC Hearing � _ Anticipated BOS Hcarin to REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: RCS Investments, LLC Specific Contact Person if Other than Above: Ross Hewitt & Jodie Hewitt Address: PO Box 3183 Winchester, VA 22604 Telephone: (540) 662-2005 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: rhewitt@reswaste.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Naive: N/A 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: Greenway Engineering, Inc Specific Contact Person at Finn: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 • ��1��= 1 O✓l!1 41 0 0 4. Project Name (if any): RCS Investments, LLC Rezoning 5. Property Information: a. Property Identification Number(s): 54-7-7A b. Total acreage of the parcel(s): 12.61 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 12.61 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: M1 Light Industrial District 12.61+/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: M2 Industrial General District 12.61+/- Acres f. Magisterial District(s): Stonewall District 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): 220 Imboden Drive (Route 1327) at terminus of cul-de-sac h. Adjoining Properties: Parcel ID Number Use See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 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. RCS Investments, LLC: Ross Grant Hewitt & Jodie Ann Hewitt, Managing Members Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map Q✓ Plat Depicting Metes/Bounds of Proposed Zoning 1 Impact Analysis Statement 7 Proffer Statement (if any) M Agency Comments F Fee EZI Copies of Deed(s) to Property(ies) F Tax Payment Verification Z Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: % f rr� �L, I�? � Date 4 00 0— If signing on behalf of an entity, please state name of entity and your title: Owner: Date o () 1020 Wigning on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Ln Q • Date 4 /Zc f z6 �- U If signing on behalf of an entity, please state name of entity and your title: C-�PC�eNmay L.NCrtrJc trJ(: , INC. OF 4� b ��-q•�J n3(3� If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7Legendnda•.rceiz AClomers Feet 300 0 300 Wp �M+ Sc�e �Mro ,....nry N G15 D�pv�rrnt 2019 DNS h ' _. hAiyfs 0q 141801 \ J 5 e z REGEnNCY LAKES DR— Z9 yegLlA/N Cis ID TaaMapNum Owner 1 54 A 91 MOTHERSHIP PROPCO GSE VA LLC O RV HORIZONS INC Mailing Address Mail CJty State Mail Zip 5600 S QUEBEC ST SUITE 220A GREENWOOD VILLAGE, CO 80111 2 54 7 12 SQUARE PEG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER, VA 22601 3 S4 7 S8 MILL CREEK INVESTMENTS LLC 1721MBODEN DR STE 11 WINCHESTER, VA 22603 4 54 7 6A SANTMYER SHERRY L CR 220 DURANGO, CO 81303 5 54L 2 2 294A HUNTINGTON MEADOWS HOMEOWNERS ASSOC, C/O DON BUTLER 19 W BOSCAWEN ST WINCHESTER, VA 22601 U J J 0_ U) Q Z 0 W Z W W Z U) NNZ W W 0 > Y Z_ p Lf) Q U x U • b s .. Branch Banking and Trust Company 12312 RCS Ridgerunner Container, LLC Winchester, VA 22601 P.O. Box 3183 68-426i514 RC NTAINNER Winchester, VA 22604 CONTAINER 540.662.2005 SERVICE - PAYTO THE %� t�JPI i 1 ���c,.i i1 r ORDER OF eo- �I�to, ._ + y coc L/A/iQf's ahel /c�Z DOLLARS -47 v s, MEMO us0L23L2110 1:0SLL,0,2601:000025595529911' _ ,_._ _ __ -_- _�__ ,_ �_-- - - - - _- - COA Special Limited Power of Attorney 44 �� County of Frederick, Virginia Frederick Planning Website: www.fcva.0 .GIA IIJI 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: RCS Investments. LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 3183 Winchester, VA 22604 (540) 662-2005 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: 54-7-7A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-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 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 Site Plan e Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind odify it. Signature Title (if signing on behalf of an entity) State ofy \ frnl it IOL , County/City of Fred e� IcIL , To wit: I, �DeonacUo r , 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 ()?D day of t , 20 a 0 �L&YO a k,— My Commission Expires: �o �• 020u) Notary Public i DFANNA D ALEXANDER Registration Number: NOTARY PUBLIC REG. #7135427 0010WONwEALTH OF VIRGINIA / C,01 IM8SION EXPIRES SEPT. 30, 2020 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: RCS Investments, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 3183 Winchester, VA 22604 (540) 662-2005 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: 54-7-7A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-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, Virginia for the follow in , for the above identified property: ✓0 Rezoning Subdivision H Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modif it. Signature It%ntlr7oloc", Title (if si 1i g behalf of an entity J State of ) 1 f w n 10�- , County/City of -Fre&-ec I g , To wit: I, G� /� (i� �i �e c( A 6LQ (� , 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 _g2b.- day of A i 1 , 2Q 0 q�)D LVY>n (Ao0) 4 d)A- My Commission Expires: 3v a�a� Notary Public Registration Number: 1 y.i,F.ti!A D ALEXANDER PJ()TARY PUBLIC !::i . 07135427 I:;0i'W,:rALTI1 OF VIRGINIA ,Ji`! 1:7tPIRES SEPT. 30, 2020 CO W � t w GlA, ORDINANCE y� 1714 L� Action: PLANNING COMMISSION: Junc 3, 2020 Public }-nearing I-leld, Recommended Approval BOARD OF SUPERVISORS: .luny 8, 2020 Approved ORDINANCE REZONING #01-20 RCS INVESTMENTS, LLC WHEREAS, REZONING #01-20 RCS INVESTMENTS, LLC., was submitteci by Grccmvay Engineering, Inc., to rezone 12.61+/- acres from the M 1 (Light Industrial) District to the M2 (Industrial General) District with proffers with a final revision date March 16, 2020. The subject property is located at 220 Inbodcn Drive (Route 1327) at the terminus of the cul-de-sac. The property is located in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A; and WHEREAS, the Frederick County Planning Commission held a public hearing on tills Rezoning on June 3, 2020 and recommended approval of this Rezoning; and \WHEREAS, the Frederick County Board of'Supervisors held a public liearing on this Rezoning during their regular meeting on July 8, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan. NO«', THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of tlic Frederick County Code, Zoning, is amended to rezone 12.61+/- acres from the MI (Light Industrial) District to the M2 (Industrial General) District with proffers dated March 16, 2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached This ordinance shall be in effect on the date of adoption. Passed this 8°i day of July 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATT T Kris ierne Frederick Count{ unistrator PDRes #21-20 BOS Res. #002-20 Greenway Lngince ing 0 March 16, 2020 I'ax Parcel 54-7-7n REZONING PROPERTY MAGISTERIAL DISTRICT: RCS INVESTMENTS, LLC REZONING TAX PARCEL S4-7-7A �s=' PROFFER STATEMENT RZ# 0 1- 2rj M-1, Light Industrial District to M-2, Industrial General District Tax Parcel 54-7-7A (here -in after the "Property") Stonewall Magisterial District RECORD OWNER: RCS Investments, LLC APPLICANT: RCS Investments, LLC (here -in after "Owner") PROJECT NAME: RCS Investments, LLC Rezoning ORIGINAL DATE OF PROFFERS: March 16, 2020 REVISION DATE: TBD Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01'1-0 for the rezoning of a 12.61± Property from the M-1, Light Industrial District to the M-2, Industrial General District with proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 54-7-7A, owned by RCS Investments, LLC recorded as Instrument No. 200002798 and is further identified by the attached Boundary Line Adjustment Plat prepared by GreyWolfe, Inc., dated November 19, 2019 that is included as part of the Proffer Statement. File# 2131 R Greenway Engineering • March 16, 2020 Tax Parcel 5d-7-7A PROFFER STATEMENT A) Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: y All uses allowed in the M-1 Light Industrial District Y Recycling Operations (No SIC Code) 2. The Owner proffers to prohibit the outdoor storage of materials utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for new structural development on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File# 2131 R 2 Gwcnway L'nginccring • March IG, 2020 $1 Tax Parcel 54-7-7A Owner SilInature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: RCS Investments, LLC Date Ross Grant Hewitt, Managing Manager Commonwealth of Vn'grma, City/Cou of F-Le4e f � C To Wit: The foregoing instrument was acknowledged before me this QO day of Apr 1 20�1> by &36 C,),C(jn+ IA- l 'w 1-0- tDW!no V0 49fl&- Investments, LLC v �/ Date die Ann Hewitt, Managing Manager Commonwealth of Virginia, City/CqqjAy of P%edi W(\ To Wit: The foregoing instrument was acknowledged before me this day of ii 20R by - -1 061 e 'ail 1(� WM— aUfto d) mumdIA, My Commission Expires aDRD Notary u lic _m DEANNA D ALEXANDER NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPT. 30, 2020 rile# 2131R,..__.......s.....�.�._.....�,.�.....,..�.� r ♦ I i Ip'i�I�i�P\O �� ��C, �Ilo � t t RIIENCY LAKES • '� .\,� I �"'Iq/1��.�e���"'yip., ;�� a.• rrr� �lll.i //I FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 19, 2019 OWNERS CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT & EASEMENT DEDICATION SURVEY OF THE LANDS OF RCS INVESTMENTS, LLC, AND SHERRY L. SANTMYER, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF Y. L. S!G DS INVESTMENTS, LLC, MANAGER SIGNATURE - SHERRYL. SANT14YER COMMON{yEALTh' OF W-RGINIA CITY/COUNTY OF-wiQc-6-�,6 c , TO WIT -THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFOREMETHIS 11 DAYOFJ�,—c� , 20 1q , BY: Jodie- I oh,11 PRINTED OWNER A,.ss fly; � PRINTED OWNER SIGNATURE NOTARYPUBLIC 4is LS68ca o, PRINTED NOTARYPUBLIC 4 AfY COMMISSION EXPIRES PAffH OpL t U Y UH TES N , 1518-B 9-/y 1,9�0 SURv�yO� SEAL LUIS DONAlDO CASTANEDA ARL:I.LAp�p NOTARY PUBLIC C�A��u-TH OF VIRGINIA MY COMMIB&ION IXPIgFS FEB. 28, 2023 coAtMlssloN r �atsssi REGISTRATION NUMBER R� g b l S APPROVAL �I FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE I� 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 GreyWolfeInc@aol.com „Land Surveying and Consulting w.. 540-667-2001 OFC 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0037 1 SHEET 1 OF 4 GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2. THERE WAS NO READIL Y APPARENT EVIDENCE OF CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES, 3. BASIS OF MERIDIAN FROM THE PLAT OF RECORD AS INSTRUMENT 020008075. 4. THE BOUNDARYINFORMATION WAS COMPILED FROM SURVEYS OF RECORD INDEED BOOK 599 AT PAGE 599, DEED BOOK 908 AT PAGE 864, AND AS INSTRUMENT 020008075. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC, IN NOVEMBER 2019 TO VERIFY THE BOUNDARY INFORMATION ON THE PLATS. ('//P11F TARI F CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING CI 300.00' 36.16' 605424" 36.14' S7301825"E C2 50.00' 39.69' 45028 53" 38.66' N 8002957" E C3 50,00, 164.87' 18805543" 99.70, N3604221"W C4 25, 00' 29.91' 68033 30" 28.16' S 83006'.32" W I ABBREVIATIONS I LEGEND ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND DB = DEED BOOK FCSA = FREDERICK COUNTY SANITATION AUTHORITY IPF = IRON PIPE FOUND 5 = /s ' IRON ROD SET UNLESS IRF = IRON ROD FOUND PG = PAGE OTHERWISE STATED R.O. W. = RIGHT OF WAY VDH = VIRGINIA DEPT. OF HIGHWAYS CONCRETE MONUMENT AREA TABULATION TAX PARCEL OWNER REFERENCE AREA ADJUSTED AREA 54-(7)-6A SHERRY L. SANTMYER 170009594 8.015 ACRES 5.218 ACRES 54-(7)-7A RCS INVESTMENTS, LLC 180003619 9.816 ACRES 12.613 ACRES 17831 ACRES I Z831 ACRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TO RCS INVESTMENTS, LLC, FROM LARRY R. SCHROCK & DOROTHY A. SCHROCK BY DEED DATED APRIL 18, 2018, AS INSTRUMENT 180003619; AND TO SHERRY L, SANTMYER FROM WAYNE L, EPLING, JR, BY DEED DATED SEPTEMBER 8, 2017, AS INSTRUMENT 170009594, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE, PATH OF c (J GA Y R. GATES N , 1518-B FILE NO: 0037 GA Y R. OATES, LAND SURVEYOR FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road �►i Greyftlfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 2019 1 SCALE: N/A I SHEET 2 OF 4 V.-- AfOTHERSHIP PROPCO GSE VA, LLC 180002469 ZONED: AfH1 S)�oO�AS4 USE., COMM 136 / ZS� R \ 68 1j2"IRFI SQUARE PEG PROPERTIES, LLC 160003255 ZONED: M1 USE: COMM 13 ^,�' 54-(7)-7A IRF / RCS INVESTAfENTS, LLC 180003619 / ZONED: MI / USE: COMM 12.613 ACRES (ADJUSTED) L,\ I " IRF CI AIAGNAIL'S SET 54-(7)-SB MILL CREEK INVESTAIENTS, LLC 160003255 ZONED: Afl o `^ USE: COMM 13 W N 0 0 Z 3/Q"IPF \ A RADIUS = 5623.58' ,r LENGTH = 1304,37' s-'CURVE TABLE I TANGENT=655.12' CHORD 3 IPf� SHEET 2 = 1301.95' BEARING = S 02 °18 42" DELTA=13017'22" 54-(7)-6A m 54-(7)-6A m I I I<cB�gPy SHERRYL. SANTMYER170009594 I L U ZONED: Afl USE: COMM W o l 5.218 ACRES (ADJUSTED) i I v I I m.� dim I II �I�ol� I \\ Imo I I •� IW zI I 54L-((2))-(2)-284A �" I I HUNTYNGTON sly ©I N 1288.368" I HOl4EDWNERS ASSOC �? \ . 1 DB 754, PG 626 ZONED: RP USE: GREEN SPACE 118 ACRES 1501 o' 150' GRAPHIC SCALE PATH OF f� t PES�' NT 1518-B lq�D SUR��yO� FILE NO: 0037 YL6�.'T 1 1119 VDH FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF 0 w _ C l..CD U X CJ-1 LOTS 6A & 7A-- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA iii-. GreyWalfe, Inc. 1073 Redbud Road Winchester, VA 22603 ^� Land Surveying and Consulting GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 20191 SCALE: 1 "= 150' I SHEET 3 OF 4 V C , .""T l r, . �Y \ RT EX. 20' FCSA EASEMENT FOR THE BENEFIT OF I LOT 6A 020008075 10 EASEMENT DA TA O EX, 20' DRAINAGE EASEAfENT I DB 599, PG 597 i 'HATCHED AREA DENOTES EX. 20' WASHINGTON GAS EASEMENT 160006860 EX. 20' FC5A EASEMENT DB 948, PG 975 EX. 20' DRAINAGE\� EASEAfENT DB 599, PG 597 EX. 20' DRAINAGE & UTILITY EASEMENT 020008075 EX. 20' DRAINAGE EASEMENT DB 599, PG 597 LINE BEARING DISTANCE El N 64009 32" E 25.67' E2 N 12041'38" W 40.00' E3 N 01 010'00" W 35, 00' E4 N 47°57'01' E 25.00' F5 N 4801141 " W 60.00' 150, 0' 150, GRAPHIC SCALE EX. 20' SANITARY SEWER EASEAfENT DB 463, PG 711 m 0 p B G9 fU�L �TFO j 0 m EX. 20' SANITARY SEWER EASEAfENT 020008075 s DOT SHADED AREA DENOTES A STORAf WATER MANAGEMENTEASEMENT w HEREBY DEDICATED FOR THE BENEFIT OF ,w 54-(7)-6A 40.0' O VDH 1 —v C G�7 CJ 1 FINAL PLAT OF P,v-f H OF 1/ A BOUNDAR Y LINE ADJUSTMENT OF r' f LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK rah"� U R. S D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N , 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 CgNO SURvLand Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0037 DATE: NOVEMBER 19, 2019 SC, N/A SHEET 4 OF 4 VIRGINIA: FREDERICK COUNTY,SCT. This instrument of writing was produced to me on at 1 and with certificate acknowledgement thereto annexed was admitted to record, Tax imposed by Sec. 58.1-802 of $ and 58.1-801 have been paid, if assessable. Clerk Receipt: 20000014079 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE # :540-667-5770 OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 07/17/2020 TIME: 14:34:18 RECEIPT # : 20000014079 TRANSACTION # : 20071700059 CASHIER: KJS REGISTER # : B700 INSTRUMENT: 200009065 BOOK: GRANTOR: RCS INVESTMENTS LLC GRANTEE: RCS INVESTMENTS LLC RECEIVED OF: COUNTY OF FREDERICK ADDRESS: CASH: $0.00 DESCRIPTION 1 : ST DIST- PROFFER STATEMENT 2 : BAKER LANE INDUSTRIAL PARK, LOTS 6 & 7A CONSIDERATION: $0.00 ANAL: $0.00 CASE # : 069CLR200009065 FILING TYPE: OTHER PAGE: RECORDED: 07/17/2020 EX: N EX: N PAGES : 006 PIN OR MAP: 54-7-7A ACCOUNT CODE DESCRIPTION PAID 035 VIRGINIA OUTDOOR FOUNDATION $0.00 Page 1 of 1 PAYMENT:FULLPAYMENT AT: 14:33 LOC : CO PCT : 100% OF:0 NAMES:0 TENDERED : $ 0.00 AMOUNT PAID: $ 0.00 PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 i f Grcenway Engineering 00 March 16, 2020 0 Tax Parcel 54-7-7A REZONING: PROPERTY: MAGISTERIAL DISTRICT: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters RCS INVESTMENTS, LLC REZONING TAX PARCEL 54-7-7A PROFFER STATEMENT RZ# M-1, Light Industrial District to M-2, Industrial General District Tax Parcel 54-7-7A (here -in after the "Property") Stonewall Magisterial District RCS Investments, LLC RCS Investments, LLC (here -in after "Owner") RCS Investments, LLC Rezoning March 16, 2020 :p] Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 12.61± Property from the M-1, Light Industrial District to the M-2, Industrial General District with proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 54-7-7A, owned by RCS Investments, LLC recorded as Instrument No. 200002798 and is further identified by the attached Boundary Line Adjustment Plat prepared by GreyWolfe, Inc., dated November 19, 2019 that is included as part of the Proffer Statement. File# 2131 R Greenway Lngincering 10 March 16, 2020 l'ax Parcel 54-7-7n PROFFER STATEMENT A) Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: ➢ All uses allowed in the M-1 Light Industrial District Recycling Operations (No SIC Code) 2. The Owner proffers to prohibit the outdoor storage of materials utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations In conlunctlon with Recycling Operations on the Property. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for new structural development on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File# 2131 R 2 Greenway Engineering me March 16, 2020 0 Tax Parcel 54-7-7A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: /71cn�: rr AV RCS Investments, LLC Date Ross Grant Hewitt, Managing Manager Commonwealth of Virginia, City/C201y of Eadprm To Wit: The foregoing instrument was acknowledged before me this QQ—day of AJ61 20 o 0 by r9ffjr4- "-e-uj I+ — NotaryME "At �AWffl. 1 HER, L , , Mj • M. My Commission Expires NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA nMMISSION EXPIRES SEPT. 30, 2020 Investments, LLC v ✓ Date Ann Hewitt, Managing Manager Commonwealth of Virginia, City/Coi y of R�df-M'(\ To Wit: The foregoing instrument was acknowledged before me this �?�day of i 20_ZL by } r! md'& My Commission Expires a?QD Notary Public DEANNA D ALEXANDER NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPT. 30, 2020 File# 2131 R 0 41 Candice Perkins From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Thursday, May 28, 2020 11:45 AM To: Gloria Puffinburger Cc: Candice Perkins; Ross Hewitt; Jodie Hewitt Subject: '[External]'RE: '[External]'RE: '[External]'June 3rd PC Agenda Hi Gloria, Good to hear from you and I hope all is well your way! I appreciate the quick response and have included Candice and the Hewitt's so they are aware of this information. We are scheduled for the June 3`d Planning Commission public hearing and the July 8`h Board of Supervisors so hopefully we will have an approved project that will benefit the County and the Hewitt's in the not to distant future. Thanks again, Evan From: Gloria Puffinburger <gpuffinb@fcva.us> Sent: Thursday, May 28, 2020 11:38 AM To: Evan Wyatt <ewyatt@greenwayeng.com> Subject: RE: '[External]'RE: '[External]'June 3rd PC Agenda Thank you, Evan. I have no further questions or concerns. You have satisfied the items I mentioned.-gloria From: Evan Wyatt <gwyatt ereer'wa`,leng.com> Sent: Thursday, May 28, 2020 11:31 AM To: Candice Perkins <cperkins@fcva.us> Cc: Gloria Puffinburger <Rpuffinb@fcva.us>; Ross Hewitt <rhewitt@reswaste.com>; Jodie Hewitt < hewitt reswaste.com> Subject: '[External]'RE: '[External]'June 3rd PC Agenda Hi Candice, I appreciate the advance copy of the staff report and I had an opportunity to discuss Gloria's comment information with the Hewitt's. As you know, Section A3 of the Proffer Statement prohibits waste transfer stations in conjunction with the recycling operation which was offered to provide assurances that the recycling operation would be hauling/packaging/distributing clean recycling waste material. The Hewitt's acknowledged Gloria's recommendation that contractual agreements should be put in place between RCS and their clients to reject loads that consistently exhibit contamination levels exceeding 10% and advised that their SOP includes contractual agreements for all clients. The following information is language in their standard agreement that all clients must agree to prior to hauling of recycling waste material which would include the municipalities if they choose to utilized the proposed recycling operation: 1. SERVICES RENDERED; WASTE MATERIALS. Customer grants to Company the exclusive right, and Company shall furnish equipment and services, to collect and dispose of and/or recycle all of Customer's Waste Materials. Customer represents and warrants that the materials to be collected under this Agreement shall be only "Waste Materials" as defined herein. For purposes of this Agreement, "Waste Materials" means all non -hazardous solid waste and Recyclable Materials generated by Customer or at Customer's Service Address. Waste Materials includes Special Waste, such as industrial process wastes, asbestos -containing material, petroleum contaminated soils, treated/de-characterized wastes, and demolition debris, but Customer shall complete a Waste Profile for such Special Waste which has been approved by a . 1 f5 V�aoNb 0 0 Company in writing. Recyclable Materials shall include any type of material that can be recycled or recovered whether separated or not separated from other Waste Materials prior to collection. Waste Materials specifically excludes, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or Special Waste not approved in writing by Company (collectively, "Excluded Materials"). Customer shall pay liquidated damages for any roll -off container exceeding 10 tons of material. Customer is subject to a $75.00 overweight charge and Customer will be responsible for any fines or tickets pertaining to the overweight violation. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Waste Materials provided by Customer to Company is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law. We also acknowledge Gloria's projected traffic volumes should Frederick County and the City decide to haul recycling waste materials to the proposed recycling operation. We used the 10-12 new vehicles per week projection in anticipation of municipal haulers using the proposed recycling operation. Therefore, the 20-26 new vehicle trips projected should the County and the City choose to use the proposed recycling operation instead of hauling to the regional landfill represents less than 3 additional new trips per day which is manageable by the existing road network. RCS is hopeful that the County and the City choose to use the proposed recycling operation if it is approved to reduce current impacts to the landfill which is also mentioned in Gloria's comments. I hope this information addresses your question and please advise me of the logistics for the June 3 d Planning Commission meeting as the Hewitt's and I plan to attend the meeting. Thanks again, Evan From: Candice Perkins <cperkins@fcva.us> Sent: Wednesday, May 27, 2020 3:46 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Subject: RE:'[External]'June 3rd PC Agenda Ivan, the agenda isn't out yet — I've attached the report. Does Ross have any plans to address Gloria's comments? Candice Candice Perkins, AICP, C%A Assistant Director 1'rederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 I�ax: (5=40) 665-6395 f_,-mail: cl)erkins@fcva.us www.fCva.us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey From: Evan Wyatt <ewyattPgreenwayeng.com> Sent: Wednesday, May 27, 2020 10:09 AM To: Candice Perkins <cperlcins@fcva.us> Subject:'[External]'June 3rd PC Agenda 0 0 Hi Candice, I am following up from our previous discussion to see if the staff report is available for the RCS Investments Rezoning and to determine how the meeting will function. I looked on-line and didn't see the agenda for this meeting but would like to get the staff report sooner than later so I can provide this to the Hewitt's and discuss the meeting with them. I am available most of the day today and tomorrow if you wanted to give me a call. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.974.2701 Fax:540.722.9528 Web: www.GreenwayEng.com Email: ewyalt(cilgreenwayeng.com T FS0 �f IQ;rI VREENWAY ENGINEERING Disclaimer: Ihi; omall may contain contltiontlal and privd(;ged matenal for the sole use of the Intended wcipient(s). Any rovu:v, use, dl;trlbution of discloiurr• by olhefl Is >tnctl; Plohlbrted. It you have received this communication in oI ror, pl"ase notif•; the sondel unmt:thuUoly icy email and doh-t, tho m,;ap.o ant! ,ui; tdc ,it Iochnwnls itom your computer. Thank you • 0 April 7, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for RCS Investments, LLC Property Identification Number (PIN): 54-7-7A Dear Evan: COUNTY of FREDERICK Department ot' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 I have had the opportunity to review the draft rezoning application for the RCS Investments property. This application seeks to rezone 12.61 acers from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. This review is generally based upon the proffer statement dated March 16, 2020. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 zoning is consistent with the land use supported by the Comprehensive Plan. 2. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Fire Marshal, Frederick County Sanitation Authority, the local Fire and Rescue Company, the County Attorney, the Frederick -Winchester Service Authority and the Frederick County Department of Public Works. Please ensure that the comment from Public Works is sent to both Engineering and Recycling. Page 2 Mr. Evan Wyatt RE: RCS Investments, LLC April 7, 2020 3. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 4. Verification of Taxes Paid. Submit tax payment verification. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,261 based upon acreage of 12.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 7, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for RCS Investments, LLC Property Identification Number (PIN): 54-7-7A Dear Evan: I have had the opportunity to review the draft rezoning application for the RCS Investments property. This application seeks to rezone 12.61 acers from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. This review is generally based upon the proffer statement dated March 16, 2020. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 zoning is consistent with the land use supported by the Comprehensive Plan. 2. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Fire Marshal, Frederick County Sanitation Authority, the local Fire and Rescue Company, the County Attorney, the Frederick -Winchester Service Authority and the Frederick County Department of Public Works. Please ensure that the comment from Public Works is sent to both Engineering and Recycling. Page 2 Mr. Evan Wyatt RE: RCS Investments, LLC April 7, 2020 3. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 4. Verification of Taxes Paid. Submit tax payment verification. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,261 based upon acreage of 12.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, i Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Thursday, April 9, 2020 2:54 PM To: Evan Wyatt Cc: Mike Ruddy; Candice Perkins Subject: RCS Investment, LLC Rezoning, Tax Parcel Number 54-7-7A Dear Evan, I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement. The one comment is that, because approved proffer statements are recorded in the land records, they must meet recording standards. Relative to the proposed proffer statement, the Clerk's Office will not record the cover page with the aerial picture. This in turn means that the page numbers on the remainder will need to be removed or restart at "1", as the "2" on the first page will create confusion. Please feel free to let me know if you have questions regarding this or on anything else on this rezoning. Sincerely yours, Rod Williams Frederick County Attorney Evan Wyatt From: John Bishop <jbisliop@fcva.us> Sent: Tuesday, January 21, 2020 4:04 PM To: Evan Wyatt Subject: RE: RCS Investments LLC Rezoning - TIA Waiver Yes, we're good on this Evan. No TIA needed John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Tuesday, January 21, 2020 3:42 PM To: John Bishop <jbishop@fcva.us> Subject: RCS Investments LLC Rezoning - TIA Waiver Hi John, I'm following up to confirm your approval of the TIA Waiver request for the subject rezoning that we submitted on December 191h. I have attached a PDF of the request that was submitted for your reference. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell 540.974.2701 Fax 540.722.9528 Web: www.GreenwaVEng.com Email ewyatt@greenwayeng.com ENGINF.I:RlK G Disclaimer: This email may contain confidential and pm-ileged material foi the sole use of the intended i edpient(s; Am review use, distribution of disclosure by others is strictly prohibited It you have received thiscommunication in en o! please notify the sender immediatei� b� email and delete the message and any file attachments from your computer Thank you �'i • F,.•1,,97 151 Windy ane GREENWAY Winchester, V 22602 ENGINEERING December 19, 2019 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: RCS Investments, LLC - Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by RCS Investments, LLC to prepare a Rezoning Application to allow for a Recycling Operation at 220 Imboden Drive identified as Tax Map Parcel 54-7-7A. The subject property is located at the terminus of Imboden Drive (Route 1327) immediately adjacent to Interstate 81. The purpose of this application is to change the zoning of Tax Map Parcel 54-7-7A from the M-1, Light Industrial District to the M-2, Industrial General District to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. These recycled materials will be unloaded, baled and warehoused internally to the proposed facility for distribution to companies that will use these materials for their manufacturing or production operations. As you know, Greenway Engineering subnutted a request to confirm that the proposed land use would be permitted within the M-1, Light Industrial District and received an official Zoning Determnation Letter dated December 5, 2019 advising that Tax Map Parcel 54-7-7A would be required to be rezoned to the M-2, Industrial General District to allow for the proposed land use. RCS Investments currently utilizes 220 Irnboden Drive for the parking of their vehicle fleet including trucks used in their collection operations; as well as for the storage of empty collection containers. The development of the proposed 30,000 square feet recycling operation facility is anticipated to generate approximately 10-12 new vehicle trips per week from the subject property in conjunction with the distribution portion of the business operation. These additional vehicle trips will utilize Imboden Drive, Baker Lane and Fort Collier Road to access primary arterial roads and Interstate 81. This transportation network involves existing public road systems that can accommodate distribution traffic. Additionally, the distribution velucle trips will occur during business operation hours which will not necessarily occur during the AM/PM Peak Hour traffic periods. Please find attached an Aerial Exhibit that identifies Tax Map Parcel 54-7-7A and the transportation network described above; as well as a copy of the December 5, 2019 Zoning Determination Letter for your information. It is requested that you consider a waiver to a Traffic Impact Analysis (TIA) as information for the Rezoning Application that has been determined to be required for the proposed Recycling Operation. The basis for this waiver is as follows: Pile #2131R/1 AW 1 9 0 ➢ The Owner's Proffer Statement will restrict the property to land uses currently permitted in the M-1 District and to Recycling Operations as a condition of rezoning to the M-2 District. ➢ The location of Tax Map Parcel 54-7-7A creates a constraint which will significantly limit the potential to expand of the proposed facility. ➢ The projected increase in vehicle trips associated with the distribution portion of the proposed facility is insignificant and will result in some new vehicle trips occurring during off-peak hours. ➢ The existing transportation network has been demonstrated to adequately acconunodate distribution traffic. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: RCS Investments, LLC File #2131R/EAW 2 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Telephone: (540) 662-4185 Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61+/- Virginia Department of Transportation Comments: measurable impact on Route 1327 (Imboden Drive). This route is the VDOT roadway, which has been considered as the access to the property referenced. The existing entrance for the riot-osed use, VDOT Signature & Date: J Notice to VDOT - Please Return Form to Applicant 21 Rezoning Comments 0 Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Frederick Water Comments: S �56_ Lerrrr",_ Of�7 Frederick Water Signature & Date: Notice to Frederick Water 2 s 71.0Vo Please Return This Form to the Applicant 26 i Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 0 Hand deliver to: Fred-Winc Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Fred-Winc Service Authority's Comments: �^ 50 r� 4_4 S nAAAM-L--� y� �ne.cJ�cJ�yrC R�s`1--,,,(--.V% Fred -Wine Service Authori 's Signature & Date: �1. -zh 2 Notice to Fred-Winc Service Authority - Please Return Form to Applicant W Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept, of Public Works Atkin: 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 Mailing Address: 151 Windy Hill Lane Location of property: 220 Imboden Drive (Route 1327) Current zoning: M1 District Zoning requested: Department of Public Works Comments: We 0 44 ki 0 C O m o, Cn / .r vt Public Works Signature & Date: �✓L��` z'��' 2 O Notice to Dept. of Pu Ic Works - Please Return This Form to the Applicant F*derick County Fire and Resee 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 Status: Approved Owner RCS Investments, LLC 220 Imboden Dr Winchester, Virginia 22603 Engineering Firm : Printed Date: 02/03/2020 Greenway Engineering Received Date: 01/29/2020 Review Begin Date: 02/03/2020 Review End Date: 02/03/2020 Hours: 2.0000 Comments: No rezoning issues noted from the Fire Marshals office. Adam Hounshell Lieutenant Assistant Fire Marshal Occupancy Type: Property Use: Activity Number: 101BJO59 Page 1 of 1 Rezoning Comments • Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M 1 District Telephone: (540) 662-4185 Zoning requested: M2 District Acreage: 12.61 +/- Fire Marshal's Comments: PLANS APPR®V t- u NT` Fire Marshal's Signature & Date: 2-3- Z o Z o Notice to Fire Marshal - Please Return This Form to the Applicant 23 RECEIVED JAN 2 9 2020 REQUEST FOR REZONW COMMENTS Rr-'' .' /ED JAI. r J ?fi20 Frederick County Inspections Departmekk-" %a inspections Mail to: Frederick County Inspections Department 107 North Kcnt Street, 2nd Floor Winchcster, Virginia 22601 (540) 665-5650 Hand deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location snap and all other pertinent information. Applicant's Name: Gr ..nwayEngineerina. Inc. Telephone: fwl 662-4185 Maili►lg Address: 151 Windy HillLane Winchester, VA 22602 Name of development and/or description of the request: RCS Investments, LLC Rezoning-12.61+/- Acres from M1 District to M2 District Location of Property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac BuilldNing Official's Comments: \ C Building Official's Signature & Date: V,�U"j ----------- / Notice to Inspections Department - Please Return This Form to the Applicant 12 9 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 0 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester i Regional Airport 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 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: / Z 1 zo Notice to Winchester Ronal Airport - Please Return Form to Applicant 31 n COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 7, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for RCS Investments, LLC Property Identification Number (PIN): 54-7-7A Dear Evan: I have had the opportunity to review the draft rezoning application for the RCS Investments property. This application seeks to rezone 12.61 acers from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. This review is generally based upon the proffer statement dated March 16, 2020. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 zoning is consistent with the land use supported by the Comprehensive Plan. 2. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Fire Marshal, Frederick County Sanitation Authority, the local Fire and Rescue Company, the County Attorney, the Frederick -Winchester Service Authority and the Frederick County Department of Public Works. Please ensure that the comment from Public Works is sent to both Engineering and Recycling. Page 2 Mr. Evan Wyatt RE: RCS Investments, LLC April 7, 2020 3. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 4. Verification of Taxes Paid. Submit tax payment verification. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $11,261 based upon acreage of 12.61 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Evan Wyatt • From: Rod Williams <rwillia@fcva.us> Sent: Thursday, April 9, 2020 2:54 PM To: Evan Wyatt Cc: Mike Ruddy; Candice Perkins Subject: RCS Investment, LLC Rezoning, Tax Parcel Number 54-7-7A Dear Evan, I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement. The one comment is that, because approved proffer statements are recorded in the land records, they must meet recording standards. Relative to the proposed proffer statement, the Clerk's Office will not record the cover page with the aerial picture. This in turn means that the page numbers on the remainder will need to be removed or restart at "1", as the "2" on the first page will create confusion. Please feel free to let me know if you have questions regarding this or on anything else on this rezoning. Sincerely yours, Rod Williams Frederick County Attorney Evan Wyatt • Froth: John Bishop <jbishop@fcva.us> Sent: Tuesday, January 21, 2020 4:04 PM To: Evan Wyatt Subject: RE: RCS Investments LLC Rezoning - TIA Waiver Yes, we're good on this Evan. No TIA needed John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 S40-665-5651 From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Tuesday, January 21, 2020 3:42 PM To: John Bishop <jbishop@fcva.us> Subject: RCS Investments LLC Rezoning - TIA Waiver Hi John, I'm following up to confirm your approval of the TIA Waiver request for the subject rezoning that we submitted on December 19th. I have attached a PDF of the request that was submitted for your reference. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.974.2701 Fax 540.722.9528 Web www.GreenwavEng.com Email: ewyatt@greenwayeng.com REENWAY FNC-1INFF:RIi"TG Disclaimer: This email may contain confidential and privileged material foi the sole use of the intended recipientis; Am review use, distribution of disclosure by others is strictly prohibited 19 you have received this communication in ergo! please notify the sender immediateiy b\ email and delete the message and any file attachments horn your computer Thank ;you • GREENWAY ENGINEERING 151 Wind* Lane Winchester, A 22602 December 19, 2019 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: RCS Investments, LLC - Traffic Irnpact Analysis Waiver Request Dear John, Greenway Engineering has been retained by RCS Investments, LLC to prepare a Rezoning Application to allow for a Recycling Operation at 220 Imboden Drive identified as Tax Map Parcel 54-7-7A. The subject property is located at the ternunus of Imboden Drive (Route 1327) inunediately adjacent to Interstate 81. The purpose of this application is to change the zoning of Tax Map Parcel 54-7-7A from the M-1, Light Industrial District to the M-2, Industrial General District to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. These recycled materials will be unloaded, baled and warehoused internally to the proposed facility for distribution to companies that will use these materials for their manufacturing or production operations. As you know, Greenway Engineering submitted a request to confirm that the proposed land use would be permitted within the M-1, Light Industrial District and received an official Zoning Determnation Letter dated December 5, 2019 advising that Tax Map Parcel 54-7-7A would be required to be rezoned to the M-2, Industrial General District to allow for the proposed land use. RCS Investments currently utilizes 220 Imboden Drive for the parking of their vehicle fleet including trucks used in their collection operations; as well as for the storage of empty collection containers. The development of the proposed 30,000 square feet recycling operation facility is anticipated to generate approximately 10-12 new vehicle trips per week from the subject property in conjunction with the distribution portion of the business operation. These additional vehicle trips will utilize Imboden Drive, Baker Lane and Fort Collier Road to access primary arterial roads and Interstate 81. This transportation network involves existing public road systems that can accommodate distribution traffic. Additionally, the distribution vehicle trips will occur during business operation hours which will not necessarily occur during the AM/PM Peak Hour traffic periods. Please find attached an Aerial Exhibit that identifies Tax Map Parcel 54-7-7A and the transportation network described above; as well as a copy of the December 5, 2019 Zoning Determination Letter for your information. It is requested that you consider a waiver to a Traffic Impact Analysis (TIA) as information for the Rezoning Application that has been determined to be required for the proposed Recycling Operation. The basis for this waiver is as follows: Pile #2131R/) AW i • ➢ The Owner's Proffer Statement will restrict the property to land uses currently permitted in the M-1 District and to Recycling Operations as a condition of rezoning to the M-2 District. ➢ The location of Tax Map Parcel 54-7-7A creates a constraint which will significantly limit the potential to expand of the proposed facility. ➢ The projected increase in vehicle trips associated with the distribution portion of the proposed facility is insignificant and will result in some new vehicle trips occurring during off-peak hours. ➢ The existing transportation network has been demonstrated to adequately accommodate distribution traffic. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, .J Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: RCS Investments, LLC Pile #2131R/) AW 2 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Virginia Department of Transportation Comments: The documentation within the application te rezone this pFepeFty appears te have little measurable impact on Route 1327 (Imboden Drive). This route is the VDOT roadway, which has been considered as the access to the property referenced. The existing entrance is adequate for the proposed use VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 21 0 FREDRHCK 'SAT E R 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.Fredericl(Water.coni February 5, 2020 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning Application Comment RCS Investments, Inc. Tax Map Numbers: 54-7-7A 12.61 +/- acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the RCS Investments industrial commercial rezoning application package, dated January 21, 2020. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA). The parcel is currently served by FW, and the rezoning and proposed recycling use does not anticipate significant increases in water and sewer use. Therefore, the proposed use does not appear to impact FW's water and sewer service. Any proposed construction on the property must avoid the existing water and sewer easements on the property. Thank you for the opportunity to offer review comments. Sincerely, is Eric R. Lawrence Executive Director Water At Your Service Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 0 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61+/- Frederick Water Comments: 6e,- 2��� �, 2a z �. T114,_L yo v Frederick Water Signature & Date: Notice to Frederick Water Z s �'Z�a Please Return This Form to the Applicant 26 Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred-Winc Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 9 W. Piccadilly Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Fred-Winc Service Authority's Comments: 1 Fred-Winc Service Authori 's Signature & Date: p�l Svc/ ` zq 2 C) Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 E Rezoning Comments n 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. Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Department of Public Works Comments: Public Works Signature & Date: �L��' �'��' z O Notice to Dept. of Pu is Works - Please Return This Form to the Applicant COUNTY of FREDERICK Department or Public Works 540/665-5643 FAX:540/678-0682 April 20, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for RCS Investments, LLC Property Identification Number (PIN): 54-7-7A — Imboden Drive Dear Evan: After careful review of the above request of the above request and proposed proffer statement dated January 21, 2020, with the intent to develop a recycling operation, I submit the following: Transportation: Facility is anticipated to generate 10-12 new vehicle trips per week. In the event that the Frederick County utilizes this facility for the marketing of its materials (cardboard, metal cans, plastic bottles and jugs), approximately 20 inbound vehicle trips would be made each week. This is in addition to trips by other localities, such as the City of Winchester, which would add another six inbound vehicle trips per week for its co -mingled materials and cardboard. Solid Waste Disposal: Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week. This statement may only refer to the vehicle trips made by the applicant for its current needs. However, if it is the applicant's desire to bring in outside customers, logically, this number will be considerable higher. Although it is most desirable to receive and process clean materials, some residue is unavoidable. Based on industry standards, up to ten percent of all material received at the proposed facility will be culled out as unrecyclable and deposited at the regional landfill. Therefore, impacts to the local landfill and associated waste is a percentage of materials processed. The department would recommend that contractual agreements be put into place by the owner and those utilizing the facility to reject loads that consistently exhibit contamination levels exceeding ten percent. ■ Other Potential Impacts: Maintaining a high standard of quality as it pertains to materials received for processing will curtail processing costs on the part of the applicant and limit impacts to the Frederick County Regional Landfill. The department supports the operation of an economically viable recycling facility with indoor storage which will mitigate any impact to surrounding properties while potentially serving the needs of area localities and businesses with a local, reliable and sustainable market for recyclables collected across the region. Sincerely Gloria M. Puffinburger Solid Waste Manager cc: Joe Wilder, director file &ederick County Fire and R&ue 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 Status: Approved Owner RCS Investments, LLC 220 Imboden Dr Winchester, Virginia 22603 Engineering Firm : Printed Date: 02/03/2020 Greenway Engineering Received Date: 01/29/2020 Review Begin Date: 02/03/2020 Review End Date: 02/03/2020 Hours: 2.0000 Comments: No rezoning issues noted from the Fire Marshals office. A 4 114;14� Adam Hounshell Lieutenant Assistant Fire Marshal Occupancy Type: Property Use: Activity Number: 101 BJ059 Page 1 of 1 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 • Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Telephone: (540) 662-4185 Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61+/- Fire Marshal's Comments: 57er 4#A-CA 44 }j kZ1 Fire Marshal's Signature & Date: d Notice to Fire Marshal - Please Return This Form to the Applicant 1i�1 CZIVElJD JAN 9 MO REQUEST FOR REZOOG COMMENTS JAI. r - 2020 Frederick County Inspections DepantmQutkz,'�, inspections Mail to: Frederick County Inspections Department 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 (540) 665-5650 Hand deliver to: Frederick County Inspections Depal'tnlent Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: Gr ..nway€gineerin4. Inc. Telephone: (5401 662-4185 Mailing Address: 151 Windy Hil[Lane Winchester, VA 22602 Name of development and/or description of the request: RCS Investments, LLC Rezoning-12.61+/- Acres from M1 District to M2 District Location of Property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Building Official's Comments: Building Official's Signature & Date: V66t"j Notice to Inspections Department - Please Return This Form to the Applicant 12 11 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 0 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport 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 Winchester, VA 22602 Location of property: 220 Imboden Drive (Route 1327) at terminus of cul-de-sac Current zoning: M1 District Zoning requested: M2 District Acreage: 12.61 +/- Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: ; % /=—�/ Z 1 ze Notice to Winchester Rg onal Airport - Please Return Form to Applicant 31 RCS INVESTMENTS, LLC REZONING IMPACT ANALYSIS STATEMENT Tax Parcel 54-7-7A Stonewall Magisterial District Frederick County, Virginia March 16, 2020 Current Owner: RCS Investments, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway lingincering • March IG. 2020 ',CS Investments. LLC Rezoning RCS INVESTMENTS, LLC 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 a 12.61±-acre subject property owned by RCS Investments, LLC identified as Tax Map Parcel 54-7-7A. The subject property is located on the northeast side of Imboden Drive (Route 1327) and adjacent to Interstate 81. The 12.61± acre subject property is currently zoned M-1 Light Industrial District and the Owner proposes to rezone the subject property to M-2 Industrial General District with proffers to allow for the construction of a new building that is projected to be 30,000 square beet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. The Frederick County Zoning Administrator Issued a Zoning Determination Letter dated December 5, 2019 advising that Recycling Operation land uses are permitted within the M-2 Industrial General District only and the subject property would be required to be rezoned for the proposed land use. Basic information Location: Fronting on the northeast side of Imboden Drive (Route 1327) adjacent to Interstate 81 Magisterial District: Stonewall District Property ID Numbers: 54-7-7A Current Zoning: M-1, Light Industrial District Current Use: Office; Transportation Services; Transportation Fleet Parking and Container Storage Proposed Zoning: M-2, Industrial General District Proposed Use: M-1 District permitted land use and Recycling Operations Total Rezoning Area: 12.61±-acres with proffers File #2131 R/ Impact Analysis Statement/LAW 2 Greenu:ry Engineering 0 Maich 16, 2020 —T<Cs Investments, LLC 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 12.61± acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate [lie proposed development of the subject property is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends Outside of' the UDA t0 accommodate areas Of the County In Which C0111111CI-Clal and Industrial land use development is only desired. The 12.61± acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of the subject property is not required for this rezoning application. Comprehensive Plan Conformity The RCS Investments, LLC 12.61± acre subject property is a component of the Northeast Frederick Land Use Plan (NFLUP) which is a large area plan within the County's Comprehensive Policy Plan. The subject property is located within the southern area of the land use plan and is identified as industrial land use based On Its Current zoning and development condition. Adjoining properties are identified as industrial and residential land use and are developed as office, warehouse and manufacturing; a townhouse subdivision and a mobile home park. The 12.61±-acre subject property is zoned M 1 Light Industrial District and the Owner has proffered to limit land uses to those permitted in the M 1 District and Recycling Operations that prohibit Waste transfer stations and prohibit the outdoor storage of recycled materials used in the Recycling Operations. Therefore, the proposed industrial rezoning of the subject property would be in conformity with the Comprehensive Policy Plan and would be compatible with adjoining properties. SUITABILITY OF THE SITE Access The 12.61±-acre subject property is located on the northeast side of Imboden Drive (Route 1327) and is adjacent to Interstate 81. Imboden Drive is a two-lane state -maintained road which serves as access to the subject property and other developed industrial properties. Greenway Engineering met with the County Transportation Director to discuss the proposed rezoning and proffered land use restrictions and it was determined that the existing transportation network was sufficient to accommodate the future development of the subject property. Greenway Engineering prepared a traffic impact analysis waiver request dated File #2131 R/ Impact Analysis Statemenl/FAW 3 Greenway 1?nginecring March 16, 2020 40CS Investments, LLC Rezoning December 19, 2019 which was approved by the County Transportation Director on January 21, 2020. Flood Plains The 12.61±-acre subject property does not contain areas of floodplaln as demonstrated on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009; as well as inforillation from the Frederick County GIS Database. Wetlands The 12.61±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. Soil Types Tile 12.61±-acre subject property contains three 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: 1B Berks Channery Silt Loams 2-7% slope 9B Clearbrook Channery Silt Loams 2-7% slope 4 1 C & 4 1 E Weikert-Berks Channery Silt Loams 7-65% slope None of the soil types on the subject property are identified as prime agricultural soils. The Berks Channery Silt Loam is the predominant soil type on the subject property and is considered moderate soils for the construction of small commercial buildings based on slope and wetness properties. This soil type is conducive for industrial development as evident by existing structural development on the subject property and adjacent to the subject property. Other Environmental Features The 12.61±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the subject property. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: MH-I Mobile Home District Use: Mobile Home Park South: RP Residential Performance District Use: Townhouse Subdivision File#2131R/ Impact Analysis Statement/FAW 4 Gieenway I?ngincering Match 16, 2020 *S Investments, LLC Rezoning Cast: No Zoning Designation Use: Interstate 81 West: M-1, Light Industrial District Use: Office; Warehousing and MallllfaClul'lllg TRANSPORTATION The 12.61±-acre subject properly is located on the northeast side Of Imboden Drive (Route 1327) and is adjacent to Interstate 81. The proposed rezoning from the M-I Light Industrial District to the M-2 Industrial General District is intended to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. These recycled materials will be unloaded, baled and warehoused internally to the proposed Recycling Operations Facility for distribution. The Owner's Proper Statement limits the land uses Oil the subject property to allowed land uses within the M-1 District and to Recycling Operations. Additionally, the Owner's Proffer Statement prohibits waste transfer stations in conjunction with the Recycling Operations and prohibits the outdoor storage of materials utilized in Recycling Operations. RCS Investments, LLC currently utilizes 220 Imboden Drive for the parking of their vehicle fleet including trucks used in their collection operations; as well as for the storage of empty collection containers. The development of the proposed 30,000 square feet Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week from the subject property in conjunction with the distribution portion of the business operation. These additional vehicle trips will utilize Imboden Drive, Baker Lane and Fort Collier Road to access primary arterial roads and Interstate 81. This transportation network involves existing public road systems that can accommodate distribution traffic. Additionally, the distribution vehicle trips will occur during business Operation hours which Will not necessarily occur during the AM/PM Peak Hour traffic periods. Greenway Engineering met with the Frederick County Transportation Planning Director to discuss the proposed rezoning application and the additional traffic generation projections for the proposed 30,000 square feet Recycling Operations Facility. The Frederick County Transportation Planning Director determined that a Traffic Impact Analysis (TIA) would not be required and provided a TIA waiver for the proposed rezoning application on January 21, 2020 based on the following considerations: ➢ The Owner's Proffer Statement will restrict the property to land uses currently permitted in the M-1 District and to a Recycling Operations Facility with restrictions as a condition of rezoning to the M-2 District. ➢ The location of Tax Map Parcel 54-7-7A creates a constraint which will significantly limit the potential to expand of the proposed facility. ➢ The projected increase in vehicle trips associated with the distribution portion of the proposed facility is insignificant and will result in some new vehicle trips occurring during off-peak hours. File #2131 R/ Impact Analysis Statement/LAW 5 Greenway linginecring March 16. 2020 40CS Investments. LLC Rezoning The existing transportation network has been demonstrated to adequately accommodate distribution traffic. The Owner's Proffer Statement provides for land use limitations and restrictions that will adequately mitigate transportation impacts associated with this rezoning proposal for the 12.61±-acre subject property. SEWAGE CONVEYANCE AND TREATMENT The 12.61±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure Within this area of the County. Frederick Water has existing sewer infrastructure in place that selves the various land uses within proximity of the subject property and has an existing sewer easement on the subject property for a gravity main collection system. The gravity main collection system directs sewer effluent to the Opequon Wastewater Treatment Facility (OWTF) which has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. RCS Investments, LLC desires to construct a 30,000 square -foot Recycling Operation that will allow for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a sewer intensive land use; however, Greenway Engineering has Utilized standard industrial land Use calculations for the sewer demand projections specific to this rezoning application. Q = 75 gallons/day per 1,000 square feet industrial Q = 75 GPD x 30 (30,000 sq.ft./1,000 sq.ft.) Q = 2,250 GPD TOTAL: Q = 2,250 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. Frederick Water currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 2,250 GPD for the 12.61±-acre rezoning represents 0.08% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water File 112131 R/ Impact Analysis Slalement/GAW 6 Greenway Engineering 0 March 16, 2020 IRCS Investments, LLC Rezoning infrastructure within this area Of' the County. Frederick Water has all existing 8-inch water line located along linboden Drive that serves the 12.61±-acre subject property. RCS Investments, LLC desires to construct a 30,000 square -foot Recycling Operation that will allow for internal storage and processing o1 clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a water intensive land use; however, Greenway Engineering has utilized standard industrial land use calculations for the water demand projections specific to this rezoning application. Q = 75 gallons/day per 1,000 square feet industrial Q = 75 GPD x 30 (30,000 sq.ft./1,000 sq.ft.) Q = 2,250 GPD TOTAL: Q = 2,250 GPD projected sewer demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Additionally, Frederick Water is implementing the Opequon Water Supply Plan (OWSP) that will provide an additional 8.0 MGD of potable water during the initial construction phase which in currently underway. Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Additionally, Frederick Water has existing infrastructure that provides adequate transIllission of potable water with adequate water pressure for land use and fire demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance and pressure. SITE DRAINAGE The topographic relief on the 12.61±-acre subject property generally follows a west -to - southwest pattern which directs drainage towards the real- of the property. A stormwater management system was previously developed which directs stormwater through an existing 20-foot drainage easement from Imboden Drive along the southwestern boundary of the subject property towards a stream channel within the Huntington Meadows Subdivision. This stream channel directs stormwater under Interstate 81 towards Berryville Pike (U.S. Route 7) and flows to the Opequon Creek. Development of the projected 30,000 square -foot Recycling Operation Facility will increase impervious area on the 12.61±-acre subject property; therefore, stormwater quality and quantity will be evaluated, and appropriate measures will be implemented on -site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management channel and to adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the subject property will be required to be designed in conformance with all File #2131 R/ Impact Analysis State men t/GAW 7 Greenway iingincering 0 March 16, 2020 IRCS Investments, LI_C Rezoning applicable state and local regulations; therefore, site drainage and storinwater management impacts to adjoining properties and the community Will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed industrial land use On the 12.61±-acre portion Of the subject property proposed for rezoning can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4`I' edition). It is anticipated that the buildout of the Recycling Operation Facility will yield 30,000 square feet of' new land use; therefore, solid waste disposal impacts are based on the following projections that provide the inci-CaSC ill average allllllal Solid Waste VOIU111C for the propOSCd rezoning: AAV = 5.4 cu. yd. per 1,000 sq. ft. industrial AAV = 5.4 Cu. yd. x 30 (30,000 sq. ft./1,000 sq. ft.) AAV = 162 cu. yd. at build -out, or 113.4 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 113.4 tons of solid waste annually on average. This represents a 0.056% increase in the allllllal solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the industrial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste Impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property (#34-456) within proximity of the 12.61±-acre subject property proposed for rezoning. The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property as already on the state and national register Of historic places and approximately 447 acres of this property has been purchased by the Civil War Preservation Trust. This property is located on the east side of Interstate 81 and adjoins land that is developed as residential, commercial and institutional land use. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 12.61±-acre subject property proposed for rezoning as being located within the defined Opequon (Third Winchester) core battlefield area. The National Park Service Study further identifies the subject property and all developed properties on the west side of Interstate 81 as areas of lost integrity resulting from intensive urban development in this portion of the County and the City of Winchester. File #2131 R/ Impact Analysis Statemenl/HAW 8 ' ' Greenway Engineering 0 Maich 16. 2020 IRCS Investments, LLC Rezoning The development Of additional industrial land use Oil the 12.61±-acre subject property proposed for rezoning is consistent with other properties in this area of the County. The Northeast Frederick Land Use Plan (NFLUP) does not identify the subject property as historic or as developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The development of the 12.61±-acre portion Of the subject property proposed for rezoning will a allow for the development of a 30,000 square -foot Recycling Operation for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. This proposal will provide new economic development Opportunities for Frederick County and will assist Frederick County in reducing impacts to the Regional Landfill. It is recognized that [lie development of industrial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 12.61±-acre subject property. File #2131 R/ Impact Analysis Statement/EAW 9 ~ DO S— ' nano G—ry. d GIB DgpmrVwK 2019 040. A d RIOIe fl 20' I / 1 oAR�SIG �qR � w; a r A 2 � ♦ f yys � I0 0 64 La I Z s Wo VILLE PIKE= WINCHESTER 7 V Q�SF bNe O OFNOR LOCATION MAP U a J 54 7 7A vi z O Z O 1 W? Q iZ U I- O O to N J W W .5 Z z Z U Z $ U O N Legend Parcel Boundary � m Subject Parcel U o Cr Q z Frederick County Zoning J Q L w B2 (Business, General Dtstnst) _x n Z ¢ > �t 83 (Business. Industrial Transition District) w Z O cr Z pA,C M1 (Industrial. Light District) O UO to o T\ o C, - MH1 (Mobile Home Community District) w w ct) Q O w > Y — // TT RP (Residential, Performance District) ? Z Cr / - - U Z ¢ W g lo C, woo Feet o u- so� in 200 0 2 LOO w" Do Sawa FiMrid C—ft. N GIS D,pr` t 2019 Dow in. .04, Legend Parcel Boundary Sub)ect Parcel Sewer 6 Water Se vice Area (SWSA) Urban Development Area (UDA) Water Lateral - Water Main - Sewer Forte Main Sewer Gravity Main Feet 400 0 400 t u.. -- 5— r— C—y A G6 DIP— 2019 u— �e c IC, ir0 C �/4r ,/ e� Jf�'gy p� c W gT ATFORD OR O C h i •GM a s �Ns�OFsWs ��04 .041 U d J J F- W to U 1-- w? J CnO D W W 0 Z D to Q U to IY � e 10 '14", 8 OR 5477A • Uaend Parcel Boundary QSubject Parcel �s Welland (NWI) lt� Lake or Pond 100 Year Floodplam Stream Feet ARA 200 o zoo 04'\ � IWp�w S—�—C—", WS,M--]9�9D+Y I _ _ V�E W c 6 m m n z \ ^� � �. Z W �_.. •.�..\ �I W z W� A. -I c� Q b ^ % U U N J LU HZ u� w_ w UJ Z J m p SC r Z LLI Z 1 t W � Cr > / Z W `1 pP b�6 r m C1 Cr 4 ir4z J w N t]IL W r Z z_ w i z tir Jtn�9 z N w ON w F z ¢ 0 U w > Z tY W 2 i Y J u J o' °o (1) 0 > WOu-m U.1 z z r �o R o� 5 w LLJ cz cli SL � re !eaen OSubject Parcel Q Cml War Camp Q Cml War Fort • Landmark 6il War Battlefields TNrd Winchester Feet 400 0 400 Wp Dno 5- FM Cana. A GM DrPMVtiM "IS DS" 11 A P �M H X'FH C�. 54 7 7A � 4 I 1nia s WinchestertioP s 14J5! Q � 3W € Wu w MIE � E �nf L) a Q J CO to CO W W z � �o w U) N W W W >� U Z_ !Y O v7 U -- _ - K < z L J < Cr ,y ui wg> a �Ix z W Z :) w N I /0�y �ooR N z co p5 o w ttii U < w z U 0 J J F Q V- r U N Q N 8 = w w R zO � m tEMr�O" _ U)MENEi S w o Y10 0 DEED OF BOUNDARY ADJUSTMENT PARTIAL RELEASE AND CONSENT TO ADJUSTMENT DEDICATION OF EASEMENT THIS DEED, dated this day of lVi-ge , 2020, is made by and between JOHN V. SANTMYER, JR., PAULA G. SANTMYER, and SHERRY L. SANTMYER, Grantors herein and parties of the first part; and RCS INVESTMENTS, LLC, a Virginia limited liability company, Grantee herein and party of the second part; and BB&T-VA COLLATERAL SERVICE CORPORATION ("Trustee") and TRUIST BANK, formerly known as BRANCH BANKING AND TRUST COMPANY, formerly known as BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, a North Carolina banking corporation ("Beneficiary"), parties of the third part. RECITALS FOR LOT 6A WHEREAS, by deed dated December 21, 2001, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 010018196, Daniel J. Travostino, Trustee, conveyed unto John V. Santmyer, Jr., and Paula G. Santmyer, husband and wife, certain real property situate in Stonewall Magisterial District, Frederick County, Virginia, described as Lot 6A of Baker Lane Industrial Park containing 10.0153 acres. AND WHEREAS, by an Deed and Deed of Easement dated May 15, 2002, and recorded as Instrument No. 020008075, the boundaries between this tract and Lot 5B were adjusted, leaving 8.0153 acres in the subject parcel, more particularly described as „ All of that certain lot or parcel of land situated, lying and being in Stonewall District, Frederick County, Virginia and being more particularly described as w follows: Lot 6A, containing 8.0153 acres, as more particularly described by Final Plat for the Boundary co Line Adjustment Between the Lands Known as Lot 5B and Lot 6A of the Baker Lane Industrial Park, dated January 1, 2002, and recorded as part of Instrument No. 020008075, among the land records of Frederick County, Virginia. AND WHEREAS, by deed dated July 12, 2002, and recorded in the aforesaid Clerk's Office as Instrument No. 020011911, John V. Santmyer, Jr., and Paula G. Santmyer, husband and wife, conveyed a one-half interest in said property to Wayne L. Epling, Jr., and Sherry L. Epling, husband and wife. AND WHEREAS, by Deed dated September 8, 2017, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 170009594, as corrected by Corrected Deed dated September 22, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 170010380, Wayne L. Epling, Jr., conveyed unto Sherry L. Santmyer his interest in said property. AND WHEREAS, the aforesaid parcel is subject to and encumbered by those certain Deeds of Trust benefiting Branch Banking and Trust Company, now known as Truist Bank (1) dated March 13, 2003, and recorded in the aforesaid Clerk's Office as Instrument No. 030005389, and (2) dated January 10, 2006, and recorded in the aforesaid Clerk's Office as Instrument No. 060000697, as subsequently modified by that Modification of Credit Line Deed of Trust and Security Agreement dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. • 0 AND WHEREAS, the aforesaid parcel furthermore is subject to that certain Assignment of Leases and rents dated January 10, 2006, C and recorded in the aforesaid Clerk's Office as Instrument No. -r" CO 060000698, as subsequently modified by that instrument dated tV December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. RECITALS FOR LOT 7A AND WHEREAS, by Deed dated April 18, 2018, and recorded in the aforesaid Clerk's Office as Instrument No. 180003619, Larry R. Schrock and Dorothy A. Schrock, husband and wife, conveyed unto RCS Investments LLC, certain real property contiguous to the above parcel and described as All of that certain lot or parcel of land, together with all rights, rights of way, and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 9.7962 acres, more or less, located at the end of Imboden Drive, and more particularly described and designated as Lot 7A on the Plat of the Resubdivision of Lots 6-11, Baker Lane Industrial Park, attached to the Deed of Dedication of record in the aforesaid Clerk's Office in Deed Book 599, at Page 597, et seq, which is by this reference made a part hereof as if set out in full. AND WHEREAS, the two parcels are adjacent, and it is the intent of the parties hereto to adjust the boundary between said parcels as indicated by the plat of survey prepared by Gary R. Oates, L.S., dated November 19, 2019, and attached hereto. W I T N E S S E T H That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties of the first part do hereby grant and convey, in fee simple; and with general warranty, unto RCS Investments, LLC, all of their interest in the following land: O -9- All of that certain lot or parcel of land situated, lying 00 and being in Stonewall District, Frederick County, Virginia and being more particularly described as containing 2.797 acres, more or less, as described by that certain "Final Plat of a Boundary Line Adjustment of Lots 6A & 7A - Baker Lane Industrial Park" dated November 19, 2019, and prepared by Gary R. Oates, attached hereto and incorporated herein as if set out in full; to be consolidated with the existing 9.816 acre parcel, thereby creating a final parcel of 12.613 acres, more or less. And furthermore, the parties hereto join in dedicating on the conveyed property a Storm Water Management Easement for the benefit of Lot 6A as more particularly described on the attached plat. The Storm Water Management Easement shall be a perpetual, appurtenant and permanent easement running with the title to Lot 7A for the benefit of Lot 6A and shall extend and be binding upon the successors and assigns of title to Lot 7A and Lot 6A. A reference to the aforesaid records, and to the references therein contained, is here made for a further and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable or legally enforceable restrictions, easements, reservations and obligations, if any, of record affecting same. Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid I L..J r� U grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute all such further assurances of the said land as may be requisite. BB&T--VA Collateral Service Corporation, as Trustee, and Truist Bank, as Beneficiary, join in this instrument as evidence of their consent to this adjustment, and to hereby release the 2.797 acre parcel conveyed hereby from those liens (1) dated March 13, 2003, and recorded in the aforesaid Clerk's Office as Instrument No. 030005389, and (2) dated January 10, 2006, and recorded in the aforesaid Clerk's Office as Instrument No. 060000697, as modified by that instrument dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448, as well as from that Assignment of Leases and Rents recorded as Instrument No. 060000698, as subsequently modified by that Modification of Credit Line Deed of Trust and Security Agreement dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. RCS INVESTMENTS, LLC, joins in this instrument as evidence of its consent to the consolidation of the conveyed property with its existing parcel. WITNESS the following signatures and seals: �r JOHN V. SANTMYER, J . • STATE OF VI Y I Yi 10, CITY��'Y OF _lN► tnr H es-F6*' , to -wit: I, u-imv' ne, _% ML MaKs4t_i , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that John V. Santmyer, Jr., whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this °� day of C( 2020. My commission expires I�I�I�iO Y1 t tary Public CATHERINE DIETZ MARSTEN NOTARY PUBLIC Commonwealth of Virginia Rcc, U79,1054 My Commission ExpiresiresDecember 31, 2022 CJ�-L�j•{ /_ (lil PAULA G. SANTMYER STATE OF VIYQI V110, CITYf-C8`FY ►0"'1: 'j/�/ I �T �QQ }-L✓ , to -wit: I, �A}'Vj�✓lP I/I� ma✓51C-1 a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paula G. Santmyer, whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this {{day of 2020. My commission expires (��� f a z - i CATHERINE, DIETZ MARSTEN N Cary Public NOTAUBLIC Commonof Virginia Rog. 054 L tAy Commission Execember 31, 207.2 ' SHERRYft. SANTMYE STATE OF VI V In1 A tG)U0. / V1 �S4-G✓ , to -wit: CITX,-�E,NT « " y, I, ( .e 17 tkbl, 0t� Haysk,4 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Sherry L. Santmyer, 'whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this I day of HOWCAI , 2020. My commission expires CATHERINE DIETZ MARSTEN NOTARY PUBLIC ary Public Commonwealth of Virginia ri,:c f-7794054 My Commission Expires December 31, 2022 --VP (SEAL) BB&T-VA OLLATERAL SERVICE CORPO By: VP E OF j CITY COUNTY Ui ( 1 n f �c�cst-r� , to -wit: I, W ��dy L. 5i—aw , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that �a,a �, t{'eStes' whose name is�. signed to the foregoing Deed in his capacity as authorized representative of 00 BB&T-VA Collateral Service Corporation, Trustee, has this day personally M appeared before me and acknowledged the same. Given under my hand this 5` day of garch , 2020. My commission expires a ('30 1a0al (_U.Uu_CL'A. \\Illllllllr//�/' Notary P i'b l i c MY o vP (SEAL) CONUMBER MMISSION - TR IST B NK, n : �'•• 7246457 �_` formerly known as BRANCH BANKING AND %��i0 •. Q ', ••' � �.� TRUST COMPANY, formerly known as ALTHI0F���`� BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, a North Carolina Banking Corpora B y : %3 ?SA"- ;j, , /- enrzz*) Z vi ST TE OF V i r� Pn; ITY COUNTY OF to -wit: I, tk)"L�4 t,• S {-a a •� 5 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that _8n'an\l. ifts%e✓ whose name is signed to the foregoing Deed in the capacity as Vice President- of Truist Bank, formerly known as Branch Banking and Trust Company, formerly known as Branch Banking and Trust Company on Virginia, a North Carolina Banking corporation, has this day personally appeared before me and acknowledged the same. Given under my hand this ,54� day of Mareh , 2020. My commission expires 9 (3a dc4l �o�� Notary Public MY n COMMISSION - n '• NUMBER i ?y7246457 ' O' '///rrllltlll`� • . C�i � CD co _ (SEAL) RCS ..Mg MENTS, LLC By STATE OF UIVgI`10� CITY /-C-6� OF W i y1CAn_t,J -G✓ , to -wit: I, a-i'�/1e.1'1Vle�k gvS(C.�l a Notary Public in and for the jurisdiction aforesaid, do hereby certify that ,OGi12 N�M/1� whose name is signed to the foregoing Deed in the capacity as managing member of RCS Investments, LLC, has this day personally appeared before me and acknowledged the same. Given under my hand this day of 6(VC41, 2020, My commission expires lI i0i'L 4taLry Public This instrument was prepared by Frederick S. Vondy (VSB 39515) Adrian & Vondy, P.L.C. 125 West Boscawen Street Winchester, Va. 22601 FGATHERINE DIETZ MARSTEN ARY PUBLIC nwealth of Virginia g. f,T794054Expires December 31, 2022 I `mac•`:. •i�o7. t ft� `CSC I FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 19, 2019 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT & E4SEh1ENT DEDICATION SURVEY OF THE LANDS OF RCS INVESTMENTS, LLC, AND SHERRY L. SANTMYER, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, If Y. � L 51G URE -RCS INVESTMENTS, LLC, MANAGER SIGNATURE - SHERRY L. S NTMYER COAMIONWFALTH Of 4IRGINIA CITY/COUNTY OF�c,56_ -c— , TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS " 1 DA Y OFe !c_ ( 20 � q , 8Y: jw i,AA PRINTED OWNER PRINTED DOWNER SIGNATURE NOTARYPUBLIC 1 2�0. PRINTED NOTARYPnUBLICC AlY COMMISSION EXPIRES 1 �/`�l /�. � , V PAjH OFF U Y UA-T N , 1518-B SEAL LUIS DONALDO CASTANE[7A ARELLANO NOigRY PUBLIC OOldh}pyWEAI-iH OF VIRGINIA A1Y COh1h11SSION EXPIRES FES. 2S, 2023 CO!Ah11SSI0N p 7f346951 REGISTRATION NUMBER n� g 6 a s l APPROVAL FREDERICK COUNTY SUBDIVISION ADMINISTRATOR ATE I� GreyWoife, Inc. 1073 Redbud Road Winchester, VA 22603 Land Surveying and Consulting GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0037 1 SHEET 1 OF 4 i GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED. EASEMENTS OR ENCUMBRANCES AIRY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2, THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 3. BASIS OF MERIDIAN FROM THE PLAT OF RECORD AS INSTRUMENT 020008075. 4. THE BOUNDARY INFORMATION WAS COMPILED FROM SURVEYS OF RECORD INDEED BOOK 599 AT PAGE 599, DEED BOOK 908 AT PAGE 864, AND AS INSTRUMENT 020008075. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN NOVEMBER 2019 TO VERIFY THE BOUNDARY INFORMATION ON THE PLATS. CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING CI 300.00' 36.16' 605424" 36.14' S 73°1825" E C2 50.00' 39.69' 45028 53" 38.66' N 80029'57" E C3 50.00' 164.87' 18805543" 99.70' N 3604221 " W C4 25.00' 29.91' 68-33'30" 28.16' S 83006 32" W ABBREVIATIONS I LEGEND ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND DB = DEED BOOK FCSA = FREDERICK COUNTY SANITATION AUTHORITY IPF = IRON PIPE FOUND IRF = IRON ROD FOUND © = 5/s °IRON ROD SET, UNLESS PG = PAGE OTHERWISE STATED R.O. W. = RIGHT OF WAY VDH = VIRGINIA DEPT. OFHIGHWAYS CONCRETE MONUMENT AREA TABULATION TAX PARCEL OWNER REFERENCE AREA ADJUSTED AREA 54-(7)-6A SHERRY L. SANTMYER 170009594 8.015 ACRES 5.218 ACRES 54-(7)-7A RCS INVESTMENTS, LLC 180003619 9.816 ACRES 12.613 ACRES 17831 ACRES 17831 ACRES SUR VEYOR'S CERTIFICA TE 1 HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TO RCS INVESTMENTS, LLC, FROM LARRY R, SCHROCK & DOROTHY A. SCHROCK BY DEED DATED APRIL 18, 2018, AS INSTRUMENT 180003619; AND TO SHERRY L, SANTMYER FROM WAYNE L. EPLING, JR, BY DEED DATED SEPTEMBER 8, 2017, AS INSTRUMENT 170009594, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE, GA Y R. OATES, LAND SURVEYOR FINAL PLAT OF �PLTH OF U-AZRE A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road iGreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com 01 OFCm 540-545-4001 FAX FILE NO: 0037 DATE: NOVEMBER 19, 2019 1 SCALE: N/A I SHEET 2 OF 4 c C x- Q V 54-(A)-91 1 a ° IRF I MOTHERSHIP PROPCO GSE VA, LLC 180002469 SA0.0 ZONED: MHI S" USE: CONN #36 / is%BRA \ 68, 112 IRFI / C. SQUARE PEG PROPERTIES, LLC 160003255 ZONED: All USE.' C014A1 O / 54-(7)-7A I f3 ,'Il ,, , ` ,/. ?T Fop CI AIAGNA1L'S i SET 54-(7)-5B MILL CREEK INVESTMENTS, LLC 160003255 ZONED: All 0 USE: CONN 13 h w ti 0 0 Z 314 " IPF oti / RCS INVESTMENTS, LLC 180003619 ZONED: All / USE: COMM 12.613 ACRES (ADJUSTED) / I ' IRF �. v RADIUS = 5623.58' LENGTH = 1304.37' =CURVE TABLE TANGENT=655.12' I CHORD = 1301,45' �C2@`IPF/ SHEET 1 BEARING = S 02°18 42" C DELTA=1311722" �1y I_ 75' BRL\ I � TS4 ?! I \ 54- ()7 -6A II I F��Lp i yGq m SHERRY L. SANTMYER 170009594 I lfl, N ZONED: All USE. CONN W a 5.218 ACRES (AD)USTED) "�lool-v� N ljo N I Im a I I \ w�I I I 54L-((2))-(2)-284A J HUNTINGTON S sj?S2 \ ©I W HO 4EOWNERS ASSOC 88.36, I DB 754, PG 626 1 . ZONED: RP USE: GREEN SPACE 118 ACRES 150` 0` 150` GRAPHIC SCALE PATH pF� I � �A�t b�f's D Z 15� 18-B suR\J'0� FILE NO: 0037 I�9A�..� 1 O VDH r FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA i� 1073 Redbud Road Winchester, VA 22603 GreyWolfe, Inc. Vw4 Land Surveying and Consulting GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 2019 1 SCALE: 1 "= 150` 1 SHEET 3 OF 4 C U C sa, f�t�6'OOF . EX. 20' FCSA EASEMENT FOR THE BENEFIT OF LOT 6A 020008/075 EASEMENT DA TA 'O EX. 20' DRAINAGE EASEMENT I DB 599, PG 597 'HATCHED AREA DENOTES EX. 20' WASHINGTON GAS EASEMENT 160006860 EX. 20' SANITAR Y SEPVER EASEMENT DB 463, PG 711 / EX. 20' FCSA EASEMENT DB 948, PG 975 EX. 20' DRAINAGE \\� EASEMENT \ DB 599, PG 597 \\� f - EX. 2D' DRAINAGE & UTILITY EASEMENT 020008075 EX. 20' DRAINAGE - �t EASEMENT \ D8 599, PG 597 LINE BEARING DISTANCE El N 64009 32" E 25.67' E2 N 12041'38" W 40.00' E3 N 01 010'00" W 35.00' E4 N 47057'01 " E 25.00' ES I N 48011 '41 " W 60.00' 150, 0' 150, GRAPHIC SCALE FILE NO: 0037 EX. 20' SANITARY SEWER EASEMENT 020008075 II F DOT SHADED AREA �s DENOTES A STORM WATER - MANAGEMENT EASEMENT II _ HEREBY DEDICATEO FOR THE BENEFIT OF �1 uN 54-(7)-6A © 40.0' O VDH 1 FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF L ti ti LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Greyftlfe, Inc. Land Surveying and Consulting 1073 Redbud Road Winchester, VA 22603 GreyWolfeTnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 2019 1 SCALE: N/A I SHEET 4 OF 4 r 0 Candice Perkins From: Candice Perkins Sent: Wednesday, April 22, 2020 11:30 AM To: Candice Perkins Subject: FW: '[External]'FW: '[External]'RE: RCS Investments LLC Rezoning - TIA Waiver From: John Bishop <ibishop@fcva.us> Sent: Wednesday, April 22, 2020 9:05 AM To: Evan Wyatt <ewvatt@greenwaVeng.com> Subject: RE:'[External]'RE: RCS Investments LLC Rezoning - TIA Waiver My apologies Evan; No, I do not have further comments. Thanks John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt <ewvatt@greenwayeng.com> Sent: Thursday, April 16, 2020 1:28 PM To: John Bishop <]bishop@fcva.us>; Candice Perkins <cperkins@fcva.us> Subject:'[External]'RE: RCS Investments LLC Rezoning - TIA Waiver Hi Candice and John, I hope this message finds you and yours doing well. I am following up to determine the status of the rezoning comments for the RCS Investments project that I submitted a few weeks ago. I included John's email confirmation for the TIA waiver below and wanted to see if John had any additional comments; as well as determine if there are any comments from Planning. I have received approved comments from VDOT, Frederick Water, Winchester -Frederick Service Authority, Public Works, Building & Inspections, the Fire Marshal, Winchester Regional Airport and the County Attorney; therefore, your comments should complete this process so I can move forward with formal submittal. I will circle back with Candice to get an idea of the public hearing process if we are still under the stay at home order when this is formally submitted so I can get you anything that is needed. Otherwise, let me know what you think and feel free to call me on my cell 974-2701 if we need to discuss anything regarding this matter. Thanks and be well! Evan From: John Bishop <ibishop@fcva.us> Sent: Tuesday, January 21, 2020 4:04 PM To: Evan Wyatt <ewvatt@greenwayeng.com> Subject: RE: RCS Investments LLC Rezoning - TIA Waiver 0 Yes, we're good on this Evan. No TIA needed 10 John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt <ewyatt@greenwayeng corn> Sent: Tuesday, January 21, 2020 3:42 PM To: John Bishop <jbisllop@fcva.us> Subject: RCS Investments LLC Rezoning - TIA Waiver Hi John, I'm following up to confirm your approval of the TIA Waiver request for the subject rezoning that we submitted on December 19"'. 1 have attached a PDF of the request that was submitted for your reference. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwavEng.com Email: ewyatt@greenwayenq.com Frill y/ 1971 GREENWAY ENGINEERING Disclaimer: I hit, emad may contain confidential and privileged matey ial for the sole use of the intended i "cipient(s). Any revirw, uie, detribuhon of dhClotiur0 h%f othvr� n luridly prohibited. If you have received this communication in error, please notify the sender nunediately by email and delotr the ntl .,ape and ,Jill, id,• dtlachnrents finny your computer. Thank you. • r r1 �oo (,c�r•1�\\� DEED OF BOUNDARY ADJUSTMENT PARTIAL RELEASE AND CONSENT TO ADJUSTMENT DEDICATION OF EASEMENT THIS DEED, dated this day of 2020, is made by .err. 0 -9" co CD and between JOHN V. SANTMYER, JR., PAULA G. SANTMYER, and SHERRY L. SANTMYER, Grantors herein and parties of the first part; and RCS INVESTMENTS, LLC, a Virginia limited liability company, Grantee herein and party of the second part; and BB&T-VA COLLATERAL SERVICE CORPORATION ("Trustee") and TRUIST BANK, formerly known as BRANCH BANKING AND TRUST COMPANY, formerly known as BRANCH BANKING AND TRUST COMPANY OF VIRGINIA, a North Carolina banking corporation ("Beneficiary"), parties of the third part. RECITALS FOR LOT 6A WHEREAS, by deed dated December 21, 2001, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 010018196, Daniel J. Travostino, Trustee, conveyed unto John V. Santmyer, Jr., and Paula G. Santmyer, husband and wife, certain real property situate in Stonewall Magisterial District, Frederick County, Virginia, described as Lot 6A of Baker Lane Industrial Park containing 10.0153 acres. AND WHEREAS, by an Deed and Deed of Easement dated May 15, 2002, and recorded as Instrument No. 020008075, the boundaries between this tract and Lot 5B were adjusted, leaving 8.0153 acres in the subject parcel, more particularly described as All of that certain lot or parcel of land situated, lying and being in Stonewall District, Frederick County, G�7 Virginia and being more particularly described as follows: Lot 6A, containing 8.0153 acres, as more .� particularly described by Final Plat for the Boundary UO Line Adjustment Between the Lands Known as Lot 5B and Lot 6A of the Baker Lane Industrial Park, dated January 1, 2002, and recorded as part of Instrument No. 020008075, among the land records of Frederick County, Virginia. AND WHEREAS, by deed dated July 12, 2002, and recorded in the aforesaid Clerk's Office as Instrument No. 020011911, John V. Santmyer., Jr., and Paula G. Santmyer, husband and wife, conveyed a one-half interest in said property to Wayne L. Epling, Jr., and Sherry L. Epling, husband and wife. AND WHEREAS, by Deed dated September 8, 2017, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 170009594, as corrected by Corrected Deed dated September 22, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 170010380, Wayne L. Epling, Jr., conveyed unto Sherry L. Santmyer his interest in said property. AND WHEREAS, the aforesaid parcel is subject to and encumbered by those certain Deeds of Trust benefiting Branch Banking and Trust Company, now known as Truist Bank (1) dated March 13, 2003, and recorded in the aforesaid Clerk's Office as Instrument No. 030005389, and (2) dated January 10, 2006, and recorded in the aforesaid Clerk's Office as Instrument No. 060000697, as subsequently modified by that Modification of Credit Line Deed of Trust and Security Agreement dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. 0 0 AND WHEREAS, the aforesaid parcel furthermore is subject to that certain Assignment of Leases and rents dated January 10, 2006, C and recorded in the aforesaid Clerk's Office as Instrument No. CO 060000698, as subsequently modified by that instrument dated N December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. RECITALS FOR LOT 7A AND WHEREAS, by Deed dated April 18, 2018, and recorded in the aforesaid Clerk's Office as Instrument No. 180003619, Larry R. Schrock and Dorothy A. Schrock, husband and wife, conveyed unto RCS Investments LLC, certain real property contiguous to the above parcel and described as All of that certain lot or parcel of land, together with all rights, rights of way, and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 9.7962 acres, more or less, located at the end of Imboden Drive, and more particularly described and designated as Lot 7A on the Plat of the Resubdivision of Lots 6-11, Baker Lane Industrial Park, attached to the Deed of Dedication of record in the aforesaid Clerk's Office in Deed Book 599, at Page 597, et seq, which is by this reference made a part hereof as if set out in full. AND WHEREAS, the two parcels are adjacent, and it is the intent of the parties hereto to adjust the boundary between said parcels as indicated by the plat of survey prepared by Gary R. Oates, L.S., dated November 19, 2019, and attached hereto. W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties of the first part do hereby grant and convey, in fee simple and with general warranty, unto RCS Investments, LLC, all of their c-) interest in the following land: CD .r-• All of that certain lot or parcel of land situated, lying Co and being in Stonewall District, Frederick County, Virginia and being more particularly described as containing 2.797 acres, more or less, as described by that certain `Final Plat of a Boundary Line Adjustment of Lots 6A & 7A - Baker Lane Industrial Park" dated November 19, 2019, and prepared by Gary R. Oates, attached hereto and incorporated herein as if set out in full; to be consolidated with the existing 9.816 acre parcel, thereby creating a final parcel of 12.613 acres, more or less. And furthermore, the parties hereto join in dedicating on the conveyed property a Storm Water Management Easement for the benefit of Lot 6A as more particularly described on the attached plat. The Storm Water Management Easement shall be a perpetual, appurtenant and permanent easement running with the title to Lot 7A for the benefit of Lot 6A and shall extend and be binding upon the successors and assigns of title to Lot 7A and Lot 6A. A reference to the aforesaid records, and to the references therein contained, is here made for a further and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable or legally enforceable restrictions, easements, reservations and obligations, if any, of record affecting same. Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid LJ 9 co grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute all such further assurances of the said land as may be requisite. BB&T-VA Collateral Service Corporation, as Trustee, and Truist Bank, as Beneficiary, join in this instrument as evidence of their consent to this adjustment, and to hereby release the 2.797 acre parcel conveyed hereby from those liens (1) dated March 13, 2003, and recorded in the aforesaid Clerk's Office as Instrument No. 030005389, and (2) dated January 10, 2006, and recorded in the aforesaid Clerk's Office as Instrument No. 060000697, as modified by that instrument dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448, as well as from that Assignment of Leases and Rents recorded as Instrument No. 060000698, as subsequently modified by that Modification of Credit Line Deed of Trust and Security Agreement dated December 18, 2017, and recorded in the aforesaid Clerk's Office as Instrument No. 180000448. RCS INVESTMENTS, LLC, joins in this instrument as evidence of its consent to the consolidation of the conveyed property with its existing parcel. WITNESS the following signatures and seals: JOHN V. SANTMYER, J . 0 • STATE OF VI V I Y1 (0, CITY �i`i OF 1V1r'Heq+G✓ —, to -wit: I, iA I lto vie jo q MaVS� a Notary Public in and for the jurisdiction aforesaid, do hereby certify that John V. Santmyer, Jr., whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this day of C(VCA,� 2020. My commission expires l���il�iOYL Ota y Public -� CATHERINE DIETZ MARSTEN NOTARY PUBLIC Commonwealth of Virginia Reg fD0 My Commission Expiresires December 31, 2022 PAULA G. SANTMYER STATE OF \/IYQIVII0\_ CITY/ Co� OV '1/�/(YjL'j�IQS}�L{✓ , to -wit: I, I i+ dQ 7 '�k Edeq oLi a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paula G. Santmyer, whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this day of HAMeA , 2020. My commission expires CATHERINE DIETZ MARSTEN N tary Public NOTARY PUBLIC commonwealth of Virginia Reg. Id779405 , L �Ay Commission Expires December 31, 207.2 ' SHERRYOL. SANTMYE STATE OF V1 iyQ I Vli CITY)'GOUNT OE' JIAIl VI hp f+%✓ , to -wit: I, rai-ke41V1.Q Di0Z (`-'OLIKSft-0 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Sherry L. Santmyer, 'whose name is signed to the foregoing Deed, has this day personally appeared before me and acknowledged the same. Given under my hand this My commission expires CATHERINE DIETZ MARSTEN NOTARY PUBLIC Commonwealth of Virginia r ,,c; F7794054 My Commission Ex;)ires December 31, 2022 I day of HOWCAq, 2020. ,� �IIaon 0 • _VP (SEAL) BB&T-VA OLLATERAL SERVICE CORPO By: ✓1P OF CITY COUNTY O-L 1�i nc�rs{ �.✓ , to -wit: I, N-e. Ll a Notary Public in and for the O jurisdiction aforesaid, do hereby certify that _btAwhose name is y, f{eS�, signed to the foregoing Deed in his capacity as authorized representative of co BB&T-VA Collateral Service Corporation, Trustee, has this day personally M appeared before me and acknowledged the same. Given under my hand this 5t day of gdreh , 2020. My commission expires q 130 Jaoal LJJJ_A_d 'A- f0 Notary Pi'blic �.• RYP MY n "vP (SEAL) COMMISSION - NUMBER TR ZST B NK, 0: : Q may•, 7246457 formerly known as BRANCH BANKING AND �,, �,y'•••..., ••• � �.� TRUST COMPANY, formerly known as BRANCH BANKING AND TRUST COMPANY OF �rrrrrir���` VIRGINIA, a North Carolina Banking Corpora B y :Z13 R-rl� ri J-��'3"7�i2 y vi ST TE OF V i ITY COUNTY OF i nGhesk-e✓ , to -wit: I, W)e.nd.0 L.'Stm15 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Bha-hj. Rtst-e✓ , whose name is signed to the foregoing Deed in the capacity as dice Preside_ of Truist Bank, formerly known as Branch Banking and Trust Company, formerly known as Branch Banking and Trust Company on Virginia, a North Carolina Banking corporation, has this day personally appeared before me and acknowledged the same. Given under my hand this 5'4� day of Mare-h , 2020. My commission expires l \����iirrrrri Notary Public v MY n COMMISSION n '• NUMBER ?y'. 7246457 ��''��FALTH OF `�,•`. 0 • dd=_ (SEAL) RCS .N ES MENTS, LLC By , � nrV. STATE OF V 1 V I Y1 I q CITY/-C6EtN�'t OF �/�/j }�Q$ C✓ _, to -wit: I, 50&yl2.ylemk.kJa "6gYS+I a Notary Public i,nl and for the jurisdiction aforesaid, do hereby certify that whose name is signed to the foregoing Deed in the capacity as managing member of RCS Investments, LLC, has this day personally appeared before me and acknowledged the same. Given under my hand this day of 6(VC(1, 2020. My commission expires .� l 19'0V)-- 4taLry2bZlic This instrument was prepared by Frederick S. Vondy (VSB 39515) Adrian & Vondy, P.L.C. 125 West Boscawen Street Winchester, Va. 22601 FCATHERINE DIETZ MARSTEN ARY PUBLIC nweallh of Virginia g. f,T794054 Expires December 31, 2022 A VICINITY MA 1 ' = 2000' FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 19, 2019 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE AD)USTAIENT & EASEMENT DEDICATION SURVEY OF THE LANDS OF RCS INVESTMENTS, LLC, AND SHERRY L. SANTMYER, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSaaY.L /`/- SIG URE - RCS INVESTNEWS, LLC, MANAGER SIGNATURE - SIIE.RRY L. SAkf IYER COMA/ONWEALTH OF VIRGINIA CITY/COUNTY OF16AI,S6-�C— , TO WIT. -THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 1' DAY 20(q ,8Y.- Jodie t"Aj�a PRINTED OWNER SEAL / ARELLANOPRINTED OWNERuc E(1=,�.§OA VIRGINIAS FEB. 28, 202346951 SIGNATURE NOTARYPUBLIC J�6n PRINTED NOTARYPUBLIC MY COMMISSION EXPIRES I K / /�. � , &3 P\jH OFV �C 7 U X.QTE4:S: D, N , 1518-B Cq�D SURv�yO� REGISTRATION NUMBER t O q� f 5 J APPROVAL �//1011 1-/ IAZ�2 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR ATE I� GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Land Surveying and Consulting GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0037 1 SHEET I OF 4 GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED, EASEMENTS OR ENCUMBRANCES AM Y E,YIST THAT ARE NOT SHOWN ON THIS PLAT. 2. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 3. BASIS OF MERIDIAN FROM THE PLAT OF RECORD AS INSTRUMENT 020008075. 4. THE BOUNDARY INFORMATION WAS COMPILED FROM SURVEYS OF RECORD IN DEED BOOK 599 AT PAGE 599, DEED BOOK 908 AT PAGE 864, AND AS INSTRUMENT 020008075. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN NOVEMBER 2019 TO VERIFY THE BOUNDARY INFORMATION ON THE PLATS. 0IRVF TA RI F CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING CI 300.00' 36.16' 605424" 36.14' S 73018'25" E C2 50.00' 39.69' 4502853" 38.66' N 8002957" E C3 50.00' 164.87' 18805543" 99.70' N 3604221 " W C4 25.00' 29.91' 6803330" 28.16' S8300632"W ABBREVIATIONS I LEGEND ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND OB = DEED BOOK FCSA = FREDERICK COUNTY SANITATION AUTHORITY IPF = IRON PIPE FOUND IRF = IRON ROD FOUND © = S/s "IRON ROD SET, UNLESS PG = PAGE OTHERWISE STATED R.O.W. = RIGHT OF WAY VDH = VIRGINIA DEPT. OFHIGHWAYS CONCRETE MONUMENT AREA TABULATION TAX PARCEL OWNER REFERENCE AREA ADJUSTED AREA 54-(7)-6A SHERRY L. SANTALYER 170009594 8.015ACRES 5.218ACRES 54-(7)-7A RCS INVESTMENTS, LLC 180003619 9.816 ACRES 12.613 ACRES 17.831 ACRES IZ831 ACRES SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TO RCS INVESTMENTS, LLC, FROM LARRY R, SCHROCK & DOROTHY A. SCHROCK BY DEED DATED APRIL 18, 2018, AS INSTRUMENT 180003619; AND TO SHERRY L. SANTMYER FROM WAYNE L. EPLING, JR, BY DEED DATED SEPTEMBER 8, 2017, AS INSTRUMENT 170009594, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. jH OFF GARY R. SATES � Nb. 1518-B `�11-19-15 LSURjl y.� FILE NO: 0037 GA Y R. OATES, LAND SURVEYOR FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA i� 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 • Land Surveying and Consulting GreyWolfeInc@aol.com w 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 2019 SCALE: N/A I SHEET 2 OF 4 _ Now - 54-(A)-91 ' �O I a " IRf I MOTHERSHIP PROPCO GSE VA, LLC 180002469 S"'900 i ZONED: A1H1 9S4cr- i USE: COAfAf #36 / 23�B�C . \ 68 112 " IRF / O SQUARE PEG PROPERTIES, LLC 160003255 ZONED: MI USE.- COMAS �b / t3 54 (7) 7A I "'116,o- - \ �/z " �T FND � \ CI AfAGNAIL'S SET 54-(7)-5B MILL CREEK INVESTMENTS, LLC 160003255 ZONED: All 0 `^ USE: COMA1 f3 ' h w H 0 0 z 3/4"IPF oti / RCS INVESTAIENTS, LLC 180003619 / ZONED: All / USE. COA1M 12.613 ACRES (ADJUSTED) / I L I "IRF \ RADIUS = 5623.58' LENGTH = 1304.37' _~� CURVE TABLE �` IPf� SHEE72 CHORD TANGENT' =655,12' BEARING = S 02018'42" i DELTA=13°17'22" ' I— BRt\ 75' i 54-(7)-6A I I SHER170009594A1YER ZONED: All USE: COMAE I,`^L, 5.218 ACRES (ADJUSTED) I d CC Flo I NIj ol� I O.�V I \sell I z I � ti\ -(2)-284A54L ((2)) ��8" HUNTINGTON S ?\ \ W A SOC (HO4EOWNER 88.36 DB 754, PG 626 ZONED: RP ` �s USE; GREEN SPACE 118 ACRES 150' 0' 150, GRAPHIC SCALE PATH pF� I t;AZN 'y PES�'1518-13 SupNIOO� FILE NO: 0037 O VDH FINAL PLAT OF A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA i� Greyftlfe, Inc. 1073 Redbud Road Winchester, VA 22603 Iw� Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: NOVEMBER 19, 2019 1 SCALE: 1 "= 150' I SHEET 3 OF 4 0 c V C Eli ASEMENT DA TA O EX. 20' DRAINAGE EASEMENT I DO 599, PG 597 i HATCHED AREA DENOTES \ O EX. 20' WASHINGTON GAS EASEMENT 160006860 1 i EX. 0"FCSEASEMENT 948A EX. 20' DRAINAGE\� EASEMENT OB 599, PG 597 �\ - EX. 20' DRAINAGE & UTILITY EASEMENT I 020008075 EX. 20' FCSA EASEMENT FOR THE BENEFIT OF LOT 6A IJ 020008075 \ �p EX. 20' DRAINAGE EASEMENT OB 599, PG 597 LINE BEARING DISTANCE El N 64009 32" E 25.67' E2 N 12041'38" W 40.00' E3 N 01010'00" W 35.00' E4 N 47°57'01 " E 25.00' E5 N 480II '41 " W 60.00' 150' 01 150, GRAPHIC SCALE EX. 20' SANTTARYSEWER i EASEMENT /) DB 463, PG 711 / j� II II III II � �TFa IIIw II EX. 20' SANITARY SEWER EASEMENT -fill - 020008075 . F DOT SHADED AREA �r DENOTES A STORM WATER MANAGEMENT EASEMENT HEREBY DEDICATED FOR THE BENEFIT OF m �1 54-(7)-6A 40.0' O VDH 1 FINAL PLAT OF <PTH op, A BOUNDARY LINE ADJUSTMENT OF LOTS 6A & 7A- BAKER LANE INDUSTRIAL PARK U R OA I tSa D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N , 1518-B 1073 Redbud Road il-i9-79 410. __ Greyftlfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com SURD w 540-667-2001 CFC 540-545-4001 FAX FILE NO: 0037 DATE: NOVEMBER 19, 2019 1 SCALE: N/A I SHEET 4 OF 4 0 Frederick County V11'()1111C1 (.trTnT n(r T,-) Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 1 2019 REAL ESTATE Depl/ricketil RE2019 / 325150002 Frequency supplement/1 0 Name RCS INVESTMENTS LLC J Map# 54 7 7A �---- - Accounll! 8028393 j Name 2 i -- Bill Date o411812019 Acreage 9.800 Address 230 MILLER RD Due Date 12/05I2019 Improvements S1,141,500.00 WINCHESTER VA Desc I BAKER LANE IND PRK L7A Land Vallle S674,500.00 j 9.80 ACRES Land Use So.00 Zip 22602 2630 Minerals $0.00 Penalty Paid $0.00 Interest Paid S0.00 Last Transaction Date; 11/14/2019 i III rent 1':nment �nani. Original Bill Payments Principal Balance Due Penalty Interest Balance Due $5,538.80 (55,538.80) S0.00 50.00 $0.00 50.00 IYansactiun HiOor) Date Type Transaction# Amount Balance 12/6/2019 Charge 0 $5,538.80 S5,538.80 11/13/2019 Principal Paid 19955 (S5,538.80) S0.00 Previous �ument Approval _ ,Prm PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO 11'HAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice w Mark Dave Tyler 'dike John COMMENTS: Received by Clerical Staff (Date & Time): i r 151 Windy I-lill Lane Frro%k 1971 Winchester, VA 22602 �� GREENWAY TRANSMITTAL ENGINEERING Project Name: RCS Investments, LLC Rezoning Application File No: 213IR Date: Tue, Apr 21, 2020 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex ❑ U.S. Mail Courier ❑ Pick Up Other Urgent ❑� For Your Review As You Requested 0 Please Comment Message Hi Candice, Please find attached the required information and fee for the RCS Investments, LLC Rezoning Application filing and let me know if you need anything else regarding this matter. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: �� / Please Print Name: • • f- Branch Banking and Trust Company RCSRidgerunner Container, LLC Winchester, VA22601 P.O. Box 3183 68-426/514 RIOGERUNNER Winchester, VA 22604 CONTAINER 540.662 2005 SERVICE PAY TO THE ORDER OFbt ; 1 t ��1_Y._f'LtS�[S'�� 12312 1 2- cc rr -I�'loamvSnhd - Lu; ttilpCtjrCJ� 5�4,, �17e >D1lQf -- =1-'— — -- DOLLARS 1100 L 2 3 L 2,16 1:05 LL Dti 2601:0000 2 5 5956 299,18 • C: COUNTY of FRLDLRICK Department of' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 24, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-20 FOR RCS INVESTMENI'S, LLC. Oil behalf of the Frederick County Board of' Supervisors, you are hereby notified of a public hearing being held Oil Wednesday, July 8, 2020, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-20 for RCS Investments, LLC., submitted by Greenway Engineering, Inc. to rezone 12.61+/- acres fi-om the M 1 (Light Industrial) District to the M2 (Industrial General) District with proffers. Tile property is located at 220 Inlboden Drive (Route 1327) at the terminus of cul-de-sac in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A. Citizens wishing to Make public comment Oil a public ]fearing itch] are strongly encouraged to do so in writing rather than in person at the meeting. Comments oil the above may be submitted to the commission via: Electronic commenting oil the County \vebsite at \1'\1'\y.ICya.US/PCI\'ICellni?S (Click oil eCOillillcilt for the July 8, 2020, meeting). Email to County staff at kvaccliio(a)fcva.us or sconnci-00 va.us Mail to Planning Departnlellt-Jidy 8, 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 itenl(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the frill text of any ordinance or of any other itenl(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetings. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 "I'his s to certify that the attached correspondence was mailed to the following on Lr d l 0� U D 6 front the Department of'Planning and Development, I, redcrick County, irglllla: 54 - 7. - 7-A RCS INVESTMENTS LLC 230 MILLER RD WINCHESTER VA 22602.2630 54 - A- - 91- MOTHERSHIP PROPCO GSE VA LLC CIO RV HORIZONS INC 5600 S QUEBEC ST STE 220A GREENWOOD VILLAGE CO 80111.2216 54 - 7- - 12- SQUARE PEG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER VA 22601.4533 54 -7- - 6-A SANTMYER SHERRY L CR 220 DURANGOCO 81303 54L - 2. 2. 284-A HUNTINGTON MEADOWS HOMEOWNERS ASSOC CIO DON BUTLER 19 W BOSCAWEN ST WINCHESTER VA 22601.4701 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planr ng pnd Development, whose name is signed to the foregoing, dated C-'� � 1-11 �Y,=4� U , has personally appeared before me and acknowledged the same in my State and dounty aforesaid. l �c�, O Given under my hand this � � day of (,VIA-C -� �11 My commission expires on O i-11V11'A�lR.ri VLL r1=1-r NOTARY PUBLI�TY PL1Buc REGISTRATION It 354474 OMMONWEALTI-I OF VIRGINIA N,;`, k�UMMISSION EXPIRES I DECEMBER•31.2021 COUNTY of FRLDCRICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 20, 2020 TO: THE APPLICANf(S) AND/OR ADJOINING PROPER"1-Y OWNER(S) RE: REZONING APPLICATION 1/01-204-19 FOR RCS INVESTMENTS, LLC. On behall'of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on NVednesday, June 3, 2020, at 7:00 pin in the Board Rood] of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-20 for RCS Investments, LLC., submitted by Greenway Engineering, Inc. to rezone 12.61+/- acres from the MI (Light Industrial) District to the M2 (Industrial General) District with proffers. The property is located at 220 Iniboden Drive (Route 1327) at the terminus of cul-de-sac in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rattler than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County wcbsite at \v\V\\,.fcya.Us/IICh,Icetiii s (Click oil eCoillilleilt for the June 3, 2020, meeting). Entail to County staff at kyaccllio(U( I'MIa.us or sconner00feva.us Mail to Planning Department -.tune 3 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 itern(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 itenl(s) to be adopted are available at the Office of Planning and Development or at: www.feva.us/PCMeetings. S iticer\y,, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on , �, Irom the Department of Planning and Development, F rederick County, V r, County, 54L - 2. 2. 284-A 54 -7- - 7-A HUNTINGTON MEADOWS HOMEOWNERS ASSOC RCS INVESTMENTS LLC CIO DON BUTLER 230 MILLER RD 19 W BOSCAWEN ST WINCHESTER VA 22602.2630 WINCHESTER VA 22601.4701 54 -A- - 91- MOTHERSHIP PROPCO GSE VA LLC CIO RV HORIZONS INC 5600 S GUEBEC ST STE 220A GREENWOOD VILLAGE CO 80111.2216 54 - 7- - 12- SGUARE PEG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER VA 22601.4533 54 - 7. - 5-B MILL CREEK INVESTMENTS LLC 172 IMBODEN DR STE 11 WINCHESTER VA 22603.5799 54 -7- - 6-A SANTMYER SHERRY L CR 220 DURANGOCO 81303 Candice E. Perkins, CP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plan ling and Development, whose name is signed to the foregoing, dated a 0 , has personally appeared before me and acknowledged the same in my State and Lounty aforesaid. Given under my hand this day of My cornmission expires on Diu D - UBLIC PAMALA DEFTER NOTARY PUBLIC REGISTRATION #f 354474 ` COMMONWEALTH OF VIRGINIk MY COMMISSION EXPIRES DECEMBER•31, 2021 l� ezuxA\ P_T v 5 If -1- -7A J, Lawn Parcel Boundary QSubject Parcels Adjanere Feet 300 0 300 %"V 0— 5— i� Cm" N GR oep t n19 DNW _t2LDc,,-,t V'Rr, �Y 2 3 4 54 7 7A I b TO: LANCE -DATA PROCESSING FROM: PAM-PLANNING, DEBT. R1e~Pr6* t--—1--------sett'°f label'by 1, I \\ `Z V-------------T ,, vt.k.You! 01 �rLAKES OR — �7 �N CT �y n nwAVNE P' 49\ ID ra Num Owner MailingAddress Mall Clt State Mall Zi 1 S< A 91 MOTHERSHIP PROPCO G% VA LLC CIO RV HORIZONS INC S600 S QUEBEC ST SUITE 22GA GREENWOOD VILLAGE, CO 80111 2 54 7 12 SQUARE PEG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER VA 22601 3 54 7 58 MILL CREEK INVESTMENTS LLC 1721MBODEN DR STE 11 WINCHESTER, VA 22603 4 54 7 6A SANTMYER SHERRY L CR 220 DURANGO. CO 81303 5 54L 2 2 28" UNTINGTON MEADOWS HOMEOWNERS ASSOC, C/O DON BUTLER 119 W BOSCAWEN ST WINCHESTER, VA1 22601 U J Lri o z C7 LU Z m Z W WNOZ LU LU O zi 0 � a U IY m L o U Q _Z Q 5 > s Z w h : O 2 W O O < U U. w Cr a 2 L) e Q U ff 6 LU o Q UJ z z R O LL e _ (n G o • 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 20, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #01-204-19 FOR RCS INVESTMENTS, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 3, 2020, 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 404-21 for RCS Investments, LLC., submitted by Greenway Engineering, Inc. to rezone_-12.6I+/:7_ cres from the M1 (Light Industrial) District to the M2 (Industrial General) District with coffers. The property is located at 220 Imboden Drive (Route 1327) al erminus of cul-de r`K`t�e Stonewall Magisterial District and is identified by Property Identification Ntmiber 54-7-7A. Inquiries concerning the above item(s) may be addressed to the Offce-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/PCagendas. Public Hearing (Omments for Rezoning #01-20 for RCS Investments, LLC., may be submitted in several ways: 1. Through the website at: www.fcva.us/Rez#01-20 by noon on June 3, 2020. 2. By email to: kvacchio@fcva.us or sconner@fcva.us by noon on June 3, 2020. 3. Mail to: Planning Department -June 3, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. 4. In person: Please call (540) 665-5651 to arrange to drop off your comments. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 04/23/20 REQUESTED COMPLETION DATE: 05/08/20 REQUESTING AGENT- Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 54-7-7A DESCRIPTION OF REQUEST: Rezoning it 01-20 RCS Investments Going from M1 to MS Thank You! Submit