The URL can be used to link to this page

Home My WebLink About08-17 Paul C Valentino & Mary - Pins 22-A-89 & 22-A-94 - Stonewall - BackfileCUP TRACKING SHEET OPEN FILE: --� ?) I'l File opened Z9 1 111 Reference Manual updated/number assigned 9 a od 1-) D-base updated Location maps requested from Mapping Dept. a Adjoiner list given to Planner 9 1 b4 11 Application Action Summary updated �AQCTION 1 Planning Commission Meeting l) e c 1 10 D Board of Supervisors Meeting CLOSE FILE: C D Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" l Reference manual updated l 1 D-base updated Application Action Summary updated Sys ID # NOTES R E C E I RECEIVED FROM ADDRESS OFn � )u FOR 0u P P■ DATE �r1 NO. 554600 (6 ch Dv- ACCOUNT HOW PAID AMT. OF ' CASH ACCOUT.NT PAID S C. .CHECK I BALANCE MONEY DUE ORDER BY Z'2001 R£OffCRM. & 81.808 South Entrance Private Drive Outdoor Wedding �Jertga�� Space North Entrance Event Entrance 6 Pas�tur�es_f a S Applications Parcels Building Footprints CUP #08-17 Paul and Mary Valentino PINS: 22 - A - 89A, 22 - A - 94 Special Event Facility Location Map Note: Frederick County Dept of Planning Development IN 107 Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 28, 2017 Staff: tklein 0 500 1,000 2,000 Feet i Submittal Deadline r) P/C Meeting It 5 BOS Meeting n!-APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner _� Other NAME: -Pwy c- ✓� ueI K9'ft k) D Ax)-\�� ADDRESS: TELEPHONE: -TO: F(� - G'--'� t k 2c)191 2. Please list all owners, occupants, or parties in interest of the property: i?' k,3 L C' 12�e Jo LA- uc- 7-g�- v ST .En1T4 rzo 1 ✓o G,�43 t� T�v S T" 1/ �kochc f3 S .T C, . c� . L TASTo�s FX-tt& 3. The property is located at: (please give exact directions and include the route number of your road or street) 3 The property has a road frontage of {- $Z. feet and a depth of 4- 3 S3 ( feet and consists {of acres. (Please be exact) 5. The property is owned by ?AoX' G, �/, e)i- b 6�doukac- vSi as evidenced by deed from - f3Ct.i�oR g�C A►, (previous owner) recorded in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. c>N WAGtEQj Property Identification Number (P.I.N. )Z.Z. --A-17A ZZ-A- `4 Magisterial District 5-rip tz Current Zoning RA C F-0 PAL- AC-9�5 0 1] (D Adjoining Property: USE North East South West ZONING 2A K .A 8. The type of use proposed is (consult with the Planning Dept. before completing): SPE-rll-i L 9. It is proposed that the following buildings will be constructed: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name _ 1,7j ieo �t �"� �c �-c tc V A Pro ert # SOt� p Y �� Name CD�r T �yp� `J�' 4,,7t R A-,P.p(.� PLe 7 LO `F�'�'• lt11��1�` Property # '°p % q ® G g� Name .0 L V WU Y.lg(017 fil AM [ C � •'� �'�' � ��-[ c� i�-c� €> l� �-i . Property # Name jxLG (, �� (� ( Le Re iP—Ok7 lA? w CO63� [��`- o LIA- Property # �� (�, Name To" �J�.� � �� LB Uq A-Q PlC— 7 k�5 V-c lD CSC ��)P Property # 'Oo �� Name (. ((S-(, Y (�7 %J our Property # < p Name G a" Property # - 9 Name and Property Identification Number Address Name Edward Shoup 4218 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-98A Name Robert Cunningham 3734 Sara Brooke Ct. Jacksonville, FL 32277 Property # 22-A-98 B Name Michele Hart 4284 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-97 NameJohn Paul Nethers 4364 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-98 Name Runney Meade Farm P.O. Box 1 Gerradstown, WV 25420 Property # 23-A-1 Name Robert Belford 4208 Apple Pie Ridge Rd. Winchester, VA22602 Property # 22-A-96 Name l-illian Boyles 3967 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-9 1. Name DTS Properties, LLC P.O.2368 Winchester, VA22604 Property # 22-A-6S Name DTS LC P.O. Box 2.368 Winchester, VA22604 Property # 23-A-3 NameWilliam Henkle 1005 Wright Rd. Clearbrook, VA22624 Property # 23-A-6 NameJohn Blair Pritchard 4181 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-89 NameJerrod Hughes 4241 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-88 D NameMichael Nelson 4129 Apple Pie Ridge Rd. Winchester, VA 22603 Property # 22-A-89B NameGaines McMartin 4051 Apple Pie Ridge Rd. Winchester, VA 22603 Property #22-A-90A • • 12. Additional comments, if any: cc-, cD�/Cw Levy Coo�Y "kk-(ZSE1 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. —TO 3 — & 8'. ( � 3 1 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 9 4w r� •• `=_, .y. dill FARM USE EXEMPTI00 (Definitions on reverse side) DATE OF REQUEST: q Ig It was a a a mongoose on a s s s a a s s s s an Bases a a s s s s a a s a s s s s s a a s s Boom s s a s a lesson s a s s s s a a s s s a s s a s s a a s a s s s a OWNER'S NAME:_4is V�U��"� o DAYTIME PHONE NUMBER: sasssasoon aasaasResponse BEEN sea woman ■ Room mammas Mae assasssaaas■aasassmonsoon ssasassssasaasass LOCATION OF PROPERTY REQUESTING EXEMPTION: LtZA -2— I% [ Tlcxxl�, _24�� ZONING OF PROPERTY: NUMBER OF ACRES: Z`ZO TYPE & NUMBER OF LIVESTOCK OR FARM USE REQUESTING POWER: 50 BUILDING SIZE & USE OF BUILDING (IF BUILDING IS BEING CONSTRUCTED): POWER COMPANY WORK REQUEST NUMBER: Shenandoah Co-op ❑ Rappahannock Co-op 1d' I am aware of the minimum setbacks on my property per the Frederick County Code. ❑ I am NOT aware of the minimum setbacks on my property per the Frederick County Code, but I will verify rrymmjm setbacks with the Frederick County Planning Department. Owner's Signature Date Please Print ra APPROVED ❑ DENIED eu Q Date: q 411 Building Code Official 2009 Virginia Construction Code (Part I of the Virginia Uniform Statewide Building Code) — Effective March 1, 2011. Section 102 Purpose and Scope Section 102.3 Exemptions. The following are exempt from this code: 6. Farm buildings and structures, except for a building or portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2 (Section 35.1-11 et. seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide -prone area shall be subject to flood -proofing regulations or mudslide regulations, as applicable. Chapter 2 Definitions FARM USE BUILDING OR STRUCTURE. A building or structure not used for residential purposes, located on property where farming operations take place, and used primarily for any of the following uses or combination thereof: 1. Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced in the farm. 2. Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal products. Business or office uses relating to the farm operations. 4. Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or 3 equipment on the farm. 5 Storage or use of supplies and materials used on the farm. ment practices associated with farm operations. 6. Implementation of best manage Please circle the above numbers 1 thru 6 that pertains to your farm exemption. s—T" 's �)-, 2� ► (:� ( 0 • The application for a conditional use permit for this property appears to have a measureable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and required an inspection fee and surety coverage. If you require additional information, please contact me. Regards Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 REQUEST' FOR CONDITIONAL USE PERMIT CO?V11MENTS Frederick County Fire Marshal ;Hail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester. Vir(yinia 2602 (540) 665-03S0 ~ Nand deliver to: Frederick County Fire & Rcscuc Dept. Attn: Fire Marshal Public Safety Building; 1800 Coverstone Drive Winchester. Virginia App icant: It is your responsibility to complete this torm as accurately as possible in order to assist the I aienc_yv with their review. Also. please attach two (?) copies of your application form, location map and all other pertinent inforniation. ) Applicant's Name: tN 1.- it {%}ty=�, i,�Jelephone: Z03 Mailing Address: c L-L- A ne, Name of development and/or description of the request i=A T14m, - 1 U kr-', t- ♦ iC_^1 n t C=1 l—. — , s---. . _ i — --T_ Location of PropertY.- c ,N Fire Marshal's Comments: 4 Firc \Marshal's Signature & Date: RECEIVED JUN 2 7 2017 Notice to Fire Marshal - Please Return This Form to the Applicant RECEIVED SEP 13 20F Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fino(a�cva.us Plan Review & Comments Date Received 9/13/2017 Plan/Permit Type CUP Rev. #1 09-13-17 Name Paul C. and Mary A. Valentino Address 4212 Apple Pie Ridge RD Winchester Project Name Event Venue Applicant Name & Number Paul C. and Mary A. Valentino RE# Permit Number Emergency Vehicle Access: Adequate Inadequate f Hydrant Location: Adequate Inadequate / Siamese Location: Adequate Inadequate Fire Lanes Required: Yes No fed Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title Date Reviewed 9/19/2017 VA 22603 �J • ,MILORD FAIRFAX HEALTH DISTRICT July 14, 2017 Lord Fairfax Health District Agency Comments: Frederick / Winchester Environmental Health VIRGINIA 107 North Kent Street - Suite # 201 DEPARTMEN Winchester, Virginia 22601 VIDHOF HEALTH Tel_ (540) 722-3480 Fax (540) 722-3479 Protecting You and Your Environment www.vdh.virginia.gov This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (weddings etc.); located at 4212 Apple Pie Ridge Rd., Winchester VA 20191 • Tax May 4: 22-A-94 Based upon information provided by the applicant the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5 610 980 C.3. of the Sewage Disposal & Handling Regulations c which states "Portable privies are normally used in association with mass gatherings construction sites etc where temporary facilities are required." As the use of the barn denotes a permanent or non -temporary venue the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. Page 1 i Page 2 It is the recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicated purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722 3480 I will be happy to answer any questions he/she may have Agency Signature: Date: -7 - 1'4 - t Title: (NOTICE TO AGENCY —PLEASE RETURN THIS FORM TO THE APPLICANT) JANET SHOUP 22— A— 98A IN ST. NO. 01— 2099 - 0 o � S '26'49" E AMB 3� N 32'40' 24" E 7! BARN 24.48' -- o N 57'54' 54" \V 416. 98' o ,l, c��sT ��sE TAX MAP E BRICK Db/L 122. 0618 A CR #4212 122.9399 A CRFS . Cive vl t 3A`iJ £ �T� BEN c y C�vCS-( HovSC -N-RiDe L N E a� o � L IZ�ES i (?-oon►� �'��1� (Z CVn - CO CONDITIONAL USE PERMIT 408-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Planning Commission w Prepared: November 3, 2017 1138 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/15/17 Pending Board of Supervisors: 01/10/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility November 3, 2017 LOCATION: This approximately 146.2-acre properties are located at Road, Winchester, Virginia, approximately a half -mile south of the Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: 4212 Apple Pie Ridge Frederick County/West Use: Vacant/Open Space Use: Vacant/Open Space Use: Vacant/Open Space Use: Residential/Vacant/Open Space This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by the office and required an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt from the building code as they are for "farm use." See attached determination made by the County Building Official on September 8, 2017. Winchester -Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 3 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility November 3, 2017 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states. "Portable privies are normally used in association with mass gatherings, construction sites, etc. where temporary facilities are required." As the use of the barn denotes a permanent, or non -temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines "special event facility" as a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event -only entrance from Apple Pie Ridge Road (State Route 739). The Applicant intends to use a portion of the site for the proposed special event facility, while maintaining the remainder of the site as productive agricultural land (6 Pastures Farm is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Polices of Frederick County (Comprehensive Plan) identifies this area of the County as "rural" and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added "special event facilities" to the conditional use list for the County's Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 4 CUP #08-17, Paul C. and Mary A. Valentino - Special Event Facility November 3, 2017 STAFF CONCLUSIONS FOR THE 11/15/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 4452 APPLE RIE RIDGE WINDING -- _ 4318 HILLyRD • • • 4297 APPLE PIE 160 4251 APPLE PIE RIDGE WINDING APPLE IF RIDGE HILL RD 4241 RIDGE APPLE PIE RIDGE ' 4I29 APPLE IF 4220 ` 4256 4284 y, RIDGE APPLE PIE APPLE APPLE RIDGE PIE�RIDGE PIE RIC 4181 �� • APPLE'PIE ,: DR ♦ t,ArP,PLE 22 A 94 C�P�fl77 ao/ 224 894 APPLE PIE RIDGE 00 'e ID PPLE PIF -- IDGE • t ' 4001 APPLE PIE 3967- RIDGE LE�PIE UDGE F is S Applications Parcels I Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) BERKELEY IMo ,. COUNTY WEST VIRGINIA .r� -i.i BERKELEY COUNTY CUP # 08 - 17 Note: Frederick County Dept of Paul and Mary Valentino Planning & Development PINS: 107 N Kent St 22 - A - 89A, 22 - A - 94 Suite 202 e Special Event Facility Winchester, VA 22601 Zoning Map 540 - 665 - 5651 Map Created: September 28, 2017 Staff: tklein 0 500 1,000 2,000 Feet 6 Pastures Farm Event Venue Apple Pie Ridge Road Winchester, VA 22603 Conditional Use Permit General Overview The proposed use of the barn and guest house (photos enclosed) is for use as an event venue to host weddings, etc. The barn has been rebuilt and is essentially a new structure. The guest house is a new 1 bedroom building for which the building permit has been issued. Completion date for both structures is projected to be the end of October, 2017. Events will begin in the spring of 2018. The barn is approximately 44' X 86' (3784 sq. ft.) on two floors — each with its own entrance and a connecting stair between. There will be permanent bathroom facilities installed to meet Health Department requirements along with a new septic system and drain field per County specifications. A new low volume commercial entrance will be built ( shown on the plat of the property) according to VDOT specifications per email provided from Lloyd Ingram, VDOT transportation engineer. A new gravel farm road will connect the new entrance to the venue area. 290 attendees is the MAX number of people at any event. Gravel parking areas are provided and will support parking for more than 150 vehicles. There will be no permanent cooking facilities inside the barn. Any food preparation will be via catering trucks or cookout style and will be outside buildings. Food serving may take place inside. There will be no alcoholic beverage sales on site. Any alcoholic beverages will be provided (not sold to attendees). There are no identified historic or archaeological resources on this or the adjacent sites. 6 Pastures Farm is a working cattle farm. It is hoped enough revenue will be generated through hosting events to help retain the farm's approximately 220 acres of land in agricultural use. NOTM 25C 7 250 500 750 L TNS 1N56Y VA3 PAN® MRpR M t O AM ra'dlT AIO irWOC MY NX - NCm4Ylr S ALL 01QAa>Y1tn Or M NRpNY. z uarm wr mT —T x Hu r a M — � Arcmrc ro mru4rr-Pru � �ro+c ma o v M rcner. eaTmacr wrume+r u>acY rwm rawa<z tirz xti= _ �z nv rot n�a mNrr, vlwA MTm >n, z 2'FR Trc nva'n �vw ram' ARURS ro a Mmr IDC 'Y. RLMOICALE FAIRM a Tv�ocAAPNC IlpfLTKN arv.N ramr VAS P 6Y v M AND om NX 23-A-1 �A nroonrnc W"Y m mS r NST. NQ 02-18025 S eo.Aourc NRA — 31— raR1+ O M Or AM RN aR.Cr 61 MS II?L _ _ C Df A w - 51V( ruAO ,LfN PAUL NCTNFR$ r. - rp�¢ POST 22-A-� A - Ivr 1aD SR n9 877. PG 307 ). mrLL AItA . MA AQ �ar 3 57*NI2' C — _ 361]C A _ /n aTdl'06' C g 4158' NM JYFFEY 5 & 22-A-47 YRE y NST. Na Orr 24218/k, �? T/p, RCQRT L & = MAFfl.1T! V. CLNNC31Nt TAX MAP 22-4-94 I Y p 22-A-989 s 19 9a,5. PG 4i2 (60. In PG C - RM 3Y �,.� T 1 za a ACfn (ACAR-TUAL) $ a N Q 22-A-9BA S� Z nsT. Na m-zoNa �7 E 5 33mar v RR 5 r \` Q I 6 y N J2'40'2Y C Ar �t57�.80' Cw ❑ RnG� I �+ 21,46 - _ I r S N Q \ R N 3%54'S1' V 41fl Q' _tfaw6 w[ /t O \,]] ROEERT E 8 V aR 11 i C! KNQR R 22- GflfCf�Itl n5T. Na 11-5527 U `� n/ N z4LO-r a * 3 T 2 ti s 3 jc 1 �� Q cc LJ vT TAX MAP 22-A-894 I i11Zer 1223p 1 I (0.0. fl12 PG ®5 - FARM TrfaE) I (24 � AO" BY ®) 24.0628 ACFTS (ACTUAL) > p 6Q 51' N 61'Sgar V �� i' C 0T� LC 2} A- 3 F tl g I I NST. NQ oa-26725 0 i�0°' ?� « z I z 1 TAX MAP 22-A-43 (Il0.J2 BPG M5 - PARE Cr0' PARTVO)110 (64.125 ACIn T" OM IR ✓B I I 55L3913 ACTS (ACTUAL) I I J LLL1AN V. 80YLE5 -A-q1� INST. Na 01-0188 u I V qet R _ N 5T•Jf" LOZLIr Q t OLIM TAELE Of5 P22-A-65 LLC 2 22-A-65 MAimt RAVU3 ARC MTA AHCl£ TANU7IT 0%l9 Gt01a 6CNd/G NST NG CS 5141 C7 lOmoo 2J03a 1232' ILS66 22485 N JC34'N C ORDINANCE Action: PLANNING COMMISSION: November 15, 2017 Recommended Approval BOARD OF SUPERVISORS: January 10, 2018 ❑ APPROVED ❑ DENIED ORDINANCE CONDITIONAL USE PERMIT #08-17 PAUL C. AND MARY A. VALENTINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #08-17 for a Special Event Facility, submitted by Paul C. and Mary A. Valentino was considered. The properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half -mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road, and is further identified with Property Identification Numbers 22-A-89 and 22-A-94, in the Stonewall Magisterial District; and WHEREAS, the Frederick County Plamung Commission held a public hearing on the Conditional Use Pen -nit on November 15, 2017 and recommended approval of the Conditional Use Pen -nit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on January 10, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #08-17 for a Special Events Facility on the parcels identified by Property Identification Numbers 22-A-89 and 22-A-94 with the following conditions: 1. All review agency comments shall be complied with at all times. PDRes #01-18 cu P �olca e�� JPD'r- 5 YLbGI 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). 9. Any expansion or modification of this use will require the approval of a new CUP. Passed this 1 Oth day of January 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Judith McCann -Slaughter Shannon G. Trout Robert W. Wells PDRes 901-18 Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 CONDITIONAL USE PERMIT #08-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Board of Supervisors w ® Prepared: January 3, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/15/17 Recommended Approval Board of Supervisors: 01/10/18 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). Page 2 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility January 3, 2018 9. Any expansion or modification of this use will require the approval of a new CUP. Follofving this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors ivould be appropriate. The Applicant slzoulrl be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility January 3, 2018 LOCATION: This approximately 146.2-acre properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half -mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Open Space South: RA (Rural Areas) Use: Vacant/Open Space East: RA (Rural Areas) Use: Vacant/Open Space West: RA (Rural Areas) Use: Residential/Vacant/Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Pennit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the State's right-of-way must be covered under a land use pennit. The permit is issued by this office and require an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt fiom the building code as they are for "farm use." See attached determination made by the County Building Official on September 8, 2017. Winchester -Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Pen -nit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 4 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility January 3, 2018 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states. "Portable privies are normally used in association with mass gatherings, construction sites, etc. where temporary facilities are required." As the use of the barn denotes a permanent, or non -temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved Planning and Zoning: This application for a Conditional Use Per-init (CUP) to permit the establishment of a special event facility for private events such as weddings. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines "special event facility" as a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event -only entrance from Apple Pie Ridge Road (State Route 739). The Applicant intends to use a portion of the site for the proposed special event facility, while maintaining the remainder of the site as productive agricultural land (6 Pastures Farin is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as "rural" and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added "special event facilities" to the conditional use list for the County's Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 5 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility January 3, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/17 MEETING: The Planning Commission held a public hearing on the proposed CUP on November 15, 2017. Planning Staff provided an overview of the proposed use, noting the Applicant had satisfied all County requirements and comments fiorn review agencies. The Applicant, Mr. Paul Valentino also spoke, noting his desire to open a special event facility for weddings at 4212 Apple Pie Ridge Road, to maintain the rural character of the property, and continue his agricultural operations as well. During the public hearing portion, several members of the public spoke regarding the proposed special event facility. Neighboring property owners expressed their support for the improvements the Valentino's had made to the property, the quality of the buildings and the compatibility to the community; three (3) speakers also cited concerns regarding noise and traffic safety along Apple Pie Ridge Road. The Planning Commission continued to discuss the merits of the application, and concerns raised by members of the public. Specifically, the Planning Commission addressed comments regarding noise and noted the conditions of approval included with the staff recommendation, which limited the hours of operation and restricted outdoor music after 9 p.m. The Planning Commission voted 11-0-2 (Commissioner Cline & Unger absent) to forward the item to the Board of Supervisors with a recommendation of approval. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 BOARD OF SUPERVISORS MEETING: In conclusion, this is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. Page 6 CUP #08-17, Paul C. and Mary A. Valentino — Special Event Facility January 3, 2018 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). 9. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit 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. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 27, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-17 FOR PAUL C. AND MARY A. VALENTINO On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: - Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Lein, AICP Planner MTK/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 23 -A- • I- 22 • A• • 89-A - RUNNEYMEADE FARM VALENTINO PAUL C TRUSTEE PO BOX 1 VALENTINO MARY A TRUSTEE GERRARDSTOWN WV 25420.0001 11411 PURPLE BEECH DR 22 - A• • 96- RESTON VA 20191.1325 BELFORD ROBERT E 22 . A- - 94- BELFORD KAREN R VALENTINO PAUL C TRUSTEE 4208 APPLE PIE RIDGE RD VALENTINO MARY A,TRUSTEE WINCHESTER VA 22603.2507 11411 PURPLE BEECH DR 22 -A- . 91- RESTON VA 20191.1325 BOYLES LILLIAN V - CIO BEVERLY CLOWSER 22 - A• - 98-A 3967 APPLE PIE RIDGE RD SHOUP EDWARD T WINCHESTER VA 22603.2514 SHOUP JANET 4218 APPLE PIE RIDGE RD _ 22 • A- - 65- WINCHESTER VA 22603-2507 DTS PROPERTIES LLC PO BOX 2368 22 - A 98-B WINCHESTER VA 22604.1568 CUNNINGHAM ROBERT L CUNNINGHAM MARILYN V TRUSTEES j 23 - A• - 3- 3734 SARAH BROOKE CT DTS LC JACKSONVILLE FL 32277.9731 PO BOX 2368 22 • A- • 97- WINCHESTER VA 22604.1568 HART MICHELE M 4284 APPLE PIE RIDGE RD WINCHESTER VA 22603.2507 - 22 - A- - 98- �- NETHERS JOHN PAUL 4364 APPLE PIE RIDGE RD WINCHESTER VA 22603.2508 M. Tyler KleinfPlanner Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, ALJJ vlo n S m i , a Notary Public in and for the State and County aforesaid, do'hereby certify that M. Tyler Klein, Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated On l - , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this cP-7 t h day ofEX-'CC 0') bc-- ao 1.1 My commissian, expires on(�� C' C NOT RY PUBLIC KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION l! 7660563 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2019 23 - A- • 6- HENKEL WILLIAM M TRUSTEE HENKEL MALINDA C TRUSTEE 1005 WRIGHT RD CLEAR BROOK VA 22624.1491 22 - A- 89- PRITCH�RD JOHN BLAIR JR PRITCHARD KIMBERLY ANNE 4181 APPLE PIE RIDGE RD WINCHESTER VA 22603.2516 22 - A- - 88-D HUGHESJERROD HUGHES PEGGY 4241 APPLE PIE RIDGE RD WINCHESTER VA 22603.2517 22 - A- - 89-B NELSON MICHAEL N STOTLER MARY E 4129 APPLE PIE RIDGE RD WINCHESTER VA 22603.2516 22 - A- - 90-A MCMARTIN GAINES N MCMARTIN PATRICIA E 4051 APPLE PIE RIDGE RD WINCHESTER VA 22603.2515 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-17 FOR PAUL C. AND MARY A. VALENTINO On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 15, 2017, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. TY lerCK ern AICP Planner MTK/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 NOTIFICATION November 1, 2017 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-17 FOR PAUL C. AND MARY A. VALENTINO On behalf of the Frederick County Planning Commission, you are hereby notified of a, public hearing being held on Wednesday, November 15, 2017, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler ein, AICP Planner 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick _County, rginia: 23 -A- • 1- 22 - A- • 89-A RUNNEYMEADE FARM VALENTINO PAUL C TRUSTEE PO BOX 1 VALENTINO MARY A TRUSTEE GERRARDSTOWN WV 25420.0001 11411 PURPLE BEECH OR 22 - A- • 96- RESTON VA 20191.1325 BELFORD ROBERT E 22 - A• - 94• BELFORD KAREN R VALENTINO PAUL C TRUSTEE 4208 APPLE PIE RIDGE RD VALENTINO MARY A TRUSTEE WINCHESTER VA 22603.2507 11411 PURPLE BEECH DR - 22 • A• - 91- RESTON VA 20191.1325 BOYLES LILLIAN V 22 - A- - 98-A CIO BEVERLY CLOWSER SHOUP EDWARD T 3967 APPLE PIE RIDGE RD SHOUP JANET WINCHESTER VA 22603.2514 4218 APPLE PIE RIDGE RD 22 - A• • 65- WINCHESTER VA 22603.2507 DTS PROPERTIES LLC 22 - A• - 98-B PO BOX 2368 CUNNINGHAM ROBERT L WINCHESTER VA 22604.1568 CUNNINGHAM MARILYN V TRUSTEES 23 • A• - 3- 3734 SARAH BROOKE CT DTS LC JACKS_ONVILLE FL 32277.9731 PO BOX 2368 22 • A• - 97- WINCHESTER VA 22604.1568 HART MICHELE M 4284 APPLE PIE RIDGE RD WINCHESTER VA 22603.2507 22 . A• - 98- NETHERS JOHN PAUL 4364 APPLE PIE RIDGE RD , WINCHESTER VA 22603-2508 M. Tyler Klein nner Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FRED/E�RICK�_ I, `"PO-AN\_Sl �J �e� � , a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the Dep rtment of Planning and Development, whose name is signed to the foregoing, dated J 1 ! I t ,l , has personally appeared before me and acknowledged the same in my State and County aforesaid. J � ) Given under my hand this da yof % ! ft_"_' My commission expires on NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY CO"MMISSION EXPIRES DECEMBER 31, 2017 23 - A- - 6 HENKEL WILLIAM M TRUSTEE HENKEL MALINDA C TRUSTEE 1005 WRIGHT RD CLEAR BROOK VA 22624.1491 22 - A- - 89- PRITCHARD JOHN BLAIR JR PRITCHARD KIMBERLY ANNE 4181 APPLE PIE RIDGE RD WINCHESTER VA 22603.2516 22 - A- - 88-D HUGHESJERROD HUGHES PEGGY 4241 APPLE PIE RIDGE RD WINCHESTER VA 22603.2517 22 - A- - 89-B NELSON MICHAEL N STOTLER MARY E 4129 APPLE PIE RIDGE RD WINCHESTER VA 22603.2516 22 - A- - 90-A MCMARTIN GAINES N MCMARTIN PATRICIA E 4051 APPLE PIE RIDGE RD WINCHESTER VA 22603-2515 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-17 FOR PAUL C. AND MARY A. VALENTINO On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 15, 2017, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klein, AICP Planner MTK/pd 1 �/ 4,n7 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please pr' t sets of labels by I u a-1 THANKS! Name and Property Identification Number F Address Name Pbw.AIZ\D 5HOQF yZ J >3 1142P&6 PIE QIP615eo W W CKE S-raz , Vk 2 2 (60 3 Property # 22 - � - q $ P ame r�0 a�Q i C,N "J,44� 1-CAiM 3 •� 3L( S'AaA B42c4V.t Cr Tf(c:�SuNUiLLF-jF- 3ZZ7� Property# ZZ- -�`au Name W I H E LE H LIZ 8 LI w; PP2L e Pl r; 121 Db G Q W I NIKESf-F-r- 1 VA ZZ r�o 3 Property# -Z 2 - - 9 -7 Name SGKN PAvL NQ_T46QS N361f ✓i�'P�� PIE 2t06G �� Property # Name (ZUNAx\-1 �"6#I9v, FAaM F• O 13OX � G A CX—rates 10 e (A) V 2 SLl ZO Property # Z 3 — c4 — I Name toot& 1.3F-L-QZ1� f-IZQ Property # Z Z - P4 - 9 P Name LI LUA f\A QGy LG- S ?>r(b -7 fiPf�,r Plan P-4)6 k (CD. Property # 2 'Z -0 - 1 Name D-FS ?V- c�d>eQT� �S� LAGG. ©, %oX Z�0 Property # Z Z - A Name (�'rs �, !� O. Z 3 u i �s { N C ('(� � %� \),A Z Z H r Property # 2 -- {� -' 7J Name (,v Property # _ C, Name T t-1 IQ P(2 fiC Kih21_-> �-1 Qj1 +efP(.E P (E a I cX€ (Z Property # 2 Z - r '1 - C1 Name I �(r (/_P cD 1�fU U ► c-,S Q y2 L ( /T'Poqu:7 Pic- (?A06c- Property # Q 8.9 Name ftjLCHAU- NE.LSot y ( 2.9 APPLE Pic 91176E 9c)AD Property # Z Z - A 89 Q. Name 6A tNES M OMAi2T)N y051 AWLt Ott; QLRGE,- R-6Ab Property # 40M 2 z- A- g c>A 7 use -pis 00PYl TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Pam Deeter Please print 4 sets of labels by 0 �� t THANKS! From: Tyler Klein Sent: Wednesday, October 11, 2017 9:03 AM To: Pam Deeter Cc: Kirstin -N. Twardon Subject: CUP #08-17, Valentino - Special Event Center Pam, Please be advise the PIN numbers for this application are: 22-A-89A 22-A-94 Please ensure these are correct on the advertisements and adjoiner letters. There was a discrepancy on the application form and folder. Thank you M. Tyler Klein, AICP Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 tklein(a.fcva.us 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2017 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITI AL USE PERMIT APPLICATION #08-17 FOR PAUL C. VALFWTINO AND MARY A. VALENTINO On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 15, 2017, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: JrIA Permit #08-17 for Paul Ce�V r V Omitted Of a special event facility"The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. 60LINE 7nRoo6mi Ti,6 PcrgVNF_2 A G9dS it Any interested parties wishing to speal nay a fend th s ublic hearing. A copy of the application will be available for reviewAat the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klein, AICP Planner MTK/pd �Q�� 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING November 1, 2017 Fax: 540/665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDIT1OKAL USE PERMIT APPLICATION #08-17 FOR PAUL C. AND MARY A. VALENTINO On behalf of the Frederick County Pla mg Commission, you are hereby notified of a public hearing being held on Wednesdaiovember 15, 2017, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-17 for Paul C. Va o and Mary A. Valentino, submitted for establishment of a special event facility in t e RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klein, AICP Planner MTK/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA -T"le.r w GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 9 _-) �) k n REQUESTED COMPLETION DATE: ) D of REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) f�t� ',s A-89 9 -q DIGITAL: PAPER: FAX: E-MAIL-: SIZES: COLOR BLACKIWHITE: NUMBER OF COPIES: STAFF MEMBER HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Wmchester, VA 22601, (540)665-5651) Diane Walsh From: Diane Walsh Sent: Thursday, December 06, 2018 10:50 AM To: Robin Cummings Subject: FW: Scheulen CUP Tracking: Recipient Delivery Robin Cummings Delivered: 12/6/2018 10:50 AM Please see Dixie Scheulen's e-mail below to VDOT. Let me know if you can help her. Thanks for the assistance. Diane Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 dwalsh@f6a.us From: Tyler Klein <tklein@fcva.us> Sent: Thursday, December 06, 2018 10:46 AM To: Diane Walsh <dwalsh@fcva.us> Subject: RE: Scheulen CUP It should be emailed to Robin in GIS, she assigns addresses. -Tyler From: Diane Walsh <dwalsh@fcva.us> Sent: Thursday, December 06, 2018 10:44 AM To: Tyler Klein <tklein@fcva.us> Subject: FW: Scheulen CUP For your information. Do you want me to forward this to Kyle downstairs? Diane From: Rhonda Funkhouser <Rhonda.Fun khouser@vdot.virRinia.gov> Sent: Thursday, December 06, 2018 10:43 AM To: Dixie Scheulen <dixiescheulen@gmail.com> Cc: Diane Walsh <dwalsh@fcva.us> Subject: Scheulen CUP Nis. Scheulen, 1 Frederick County assigns addresses. I have copied Diane Walsh with Frederick County, asking she provide you with a phone number and/or contact person to obtain this information. Please let me know if I can be of further assistance. Rhonda Funkhouser VDOT J Administrative Assistant to Land Development Clarke, Frederick, Shenandoah & Warren Counties Edinburg Residency Office 14031 Old Valley Pike J Edinburg, VA 22824 Phone #540.984.5602 / Fax #540.984.5607 Email; Rhonda.Funkhouser@vdot.virginia.gov From: Dixie Scheulen <dixiescheulen@Pmail.com> Sent: Thursday, December 6, 2018 10:18 AM To: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@vdot.virginia.gov> Subject: Re: VDOT Comments to Scheulen CUP Hello, I have a lane to an event center that I would like to create an address and a lane name. How do I go about this? The access point is at 769 Round Hill Road, 22602. Thanks in advance for your help. Dixie Scheulen 540-664-2145 On Fri, Jun 30, 2017, 10:26 AM Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@vdot.vir inia.gov wrote: Diane Walsh From: Microsoft Outlook To: Robin Cummings Sent: Thursday, December 06, 2018 10:50 AM Subject: Delivered: FW: Scheulen CUP Your message has been delivered to the following recipients: Robin Cummings (rcumminq@fcva.us) Subject: FW: Scheulen CUP • ORDINANCE Action: PLANNING COMMISSION: November 15, 2017 BOARD OF SUPERVISORS: January 10, 2018 ORDINANCE Recommended Approval M APPROVED ❑ DENIED CONDITIONAL USE PERMIT #08-17 PAUL C. AND MARY A. VALENTINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #08-17 for a Special Event Facility, submitted by Paul C. and Mary A. Valentino was considered. The properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half -mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road, and is further identified with Property Identification Numbers 22-A-89 and 22-A-94, in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on November 15, 2017 and recommended approval of the Conditional Use Permit with conditions; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on January 10,,2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #08-17 for a Special Events Facility on the parcels identified by Property Identification Numbers 22-A-89 and 22-A-94 with the following conditions: 1. All review agency comments shall be complied with at all times. PDRes #01-18 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). 9. Any expansion or modification of this use will require the approval of a new CUP. Passed this 1 Oth day of January 2018 by the following recorded vote; Charles S. DeHaven, Jr., Chairman Ay Gary A. Lofton ATe J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Blaine P. Dunn '_Aye Robert W. Wells PDRes #01-18 BOS Res. 049-18 Aye A COPY ATTEST KrisIC, Tier e Frederick Cou Administrator 2 k, January 11, 2018 Paul C. Valentino Mary A. Valentino 1411 Purple Beech Drive Reston, VA 20191 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Re: CUP #08-17 Property Identification Number 22-A-89A & 22-A-94 Dear Mr. and Mrs. Valentino: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 10, 2018. Conditional Use Permit #08-17 was approved for a special even facility. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. No music is permitted outdoors. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. The existing access driveway shall be gated off to special event traffic, and a sign posted denoting "private driveway." All special event facility traffic shall access the property through a new commercial entrance as approved by the Virginia Department of Transportation (VDOT). 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 9 0 9. Any expansion or modification of this use will require the approval of a new CUP. If you have any questions regarding this action, please feel free to call this office. Sincerelv, M. Tyler Klein, AICP Planner MTK/pd cc: Judith McCann -Slaughter, Stonewall District Supervisor Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department Name and Property Identification Number Name W (C.L(Aq\ M � "(.,Ca DA C- Property # Name Property # ?10 3 Name Property # 'fo ( Lt-E- Name i-cC� FAt-1{ AAD&5 (Z� i C Property # b©C C--q Name AV � A-Gi Q C-L-Sa MAOq Property #j"y- Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Address (3J�4G VAT Zo -, La1'tfjC t%e�' 2� v-r-- Lft a--c �kO P UC PLC- (2 D E--" Pb UJ- Lc-C 1, VA a 2.6 o .3 Lt-1 &'I A-PPL.c POEM L�L _z -cI fin," uc- t�l� 1 1�� Z� 7 ATame and Property Identification Number Address Name LDWAV-u SI-toQ 41 j a (109LF, PIl; 121PG6T120 �INctc�sTCfz, VA- 2260-3 Property # 22 - /a - q 9 p Name . I i O O EO`r Cv !v � �(� 1-eA 1M 3.7 9 L( 5"V p-A G3 Qwk.F- C"r a-lqCtiSoNUlt,(_p_ L' 3ZZ7-7 Property # Z Z - - q `a Name W 1 (H F bC- HA S2 i / Z F3 L+ �!� PPC.0 PI G:-; f2 i Db E W I N Cf tr✓S'j �� I VA 2Z kb 3 Property # 'Z Z - G�i " `i Name 5o K N P/4 L f�(� �25 L43 6 q AP`9C• � P I ►= fz t D6G 2� Property Lpr8ollpleelOA(-;--o99c- (=�taM UJ V 2 SLI ZO y # 2 - bq - Name P©ova Imo✓' I✓l,1'',-)�c1-) L(Z© PPL� CIE c�t(�V PD_ Property # 2 z -- 64 - 9 (-, Name tl I.UA Property # Name (-2,OX 4v r N C4 ;z , 7 iJ Property # 5 Name (� "f—S ✓. �, t7 . 6 0\< Z 3 (,t� i RUC(-(C- s, -C R y 'Z Property# 2 �-- — S Name W f L c t,A (" f�(E NL' i,C: j f>o 5 w 01(.c-tT C2 F-; V 2 -2 6 7 �-i Property # j — Iq ^ Name J0I-lN (�Ofe- P(2(TCKf�Pf� I,)� �f PPS Prc a(��E (� Property # 2 Z ' / - v C� Name 'f(%(I_P�c� I—fU(�l et15 Lj2 Ll ( /{ PPLI—; fZerOGE Property # -Z Name Property # Name Property # 7 ter. I ��;�r, r'✓� OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 10/16/15 TIME: 16:41:51 ACCOUNT: 069CLR150010267 RECEIPT: 15000019812 CASHIER: SSM REG: WE17 TYPE: DBS PAYMENT: FULL PAYMENT INSTRUMENT 150010267 BOOK: PAGE: RECORDED: 10/16/15 AT 16:41 GRANTOR: BELFORD, WILLIS E; CO EXECUTOR EX: N LOC: CO GRANTEE: VALENTINO, PUAL C EX: N PCT: 100% AND ADDRESS 11411 PURPLE BEACH DRIVE RESTON, VA. 20191 RECEIVED OF MID -ATLANTIC SETTLEMENT DATE OF DEED: 10/15/15 CHECK: $5,580.57 CHECK: $43.00 DESCRIPTION 1: ST DIST PAGES: 6 OP: 0 2: 4 PARCELS OF LAND NAMES: 0 CONSIDERATION: 1,195,044.86 A/VAL: 1,277,900.00 MAP: MISC PIN: 301 DEEDS 14.50 145 VSLF 1.50 038 DEEDS OF CON(T. 639.00 220 GRANTOR TAX 639.00 039 DEEDS & CONTRACTS 3,194.75 213 COUNTY GRANTEE TAX 1,064.92 212 TRANSFER FEE 1.00 106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00 TENDERED 5,623.57 036 DEED PROCESSING FEE 20.00 AMOUNT PAID: 5,580.67 CHANGE AMT 42.90 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 CD 150010268 m Prepared By: Tracy Bryan Horstkamp, Esquire 1184 Hawling Place, SW, Leesburg, VA 20175 Phone: 703.669.4935 VA Bar N39623 Return to: Mid -Atlantic Settlement Services 9609 Westwood Center Drive, Suite I50, Vienna, VA 22182 File Number: 5015-03295 Title Insurer: none Tax Id. Nos: 22 A 89A, 22 A 92, 22 A 93 and 22 A 94 Grantees Address: 11411 Purple Beach Drive, Reston, VA 20191 Consideration: $0.00 Exempt from recordation tax pursuant to Virginia Code Section 58.1-811(A)(12). --- DEED---1 L�'/ ��1(i{)C( THIS DEED is made this W'day of 2015, by and • between PAUL C. VALENTINO and MARY A. VALENTINO. husband and wife, as Grantors, and PAUL C. VALENTINO, TRUSTEE OF THE PAUL C. VALENTINO REVOCABLE TRUST, AND SUCCESSOR TRUSTEES, UNDER TRUST AGREEMENT DATED DECEMBER 17, 2013, and MARY A. VALENTINO, TRUSTEE OF THE MARY A. VALENTINO REVOCABLE TRUST, AND SUCCESSOR TRUSTEES, UNDER TRUST AGREEMENT DATED DECEMBER 17, 2013, as Grantees. WITNESSETH: That for and in consideration of estate planning purposes, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby pant and convey, in fee simple, with General Warranty and English Covenants of Title, unto the Grantees, as tenants in common, the following described property, with improvements thereon, located in the County of Frederick, Virginia (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN. And being the same property conveyed unto the Grantors by Deed recorded immediately prior hereto, among the aforesaid land records. Full power and authority is hereby granted to the Trustees and their successors (i) to protect and conserve the Real Estate; (ii) to sell, contract to sell and &rant options to purchase the Real Estate or any part thereof and any right, title or interest therein on any terns; (iii) to exchange the Real Estate or any part thereof for any other real or personal property on any terms; (iv) to convey the Real Estate or any part thereof by deed or other conveyance to any grantee, with or without consideration; (v) to mortgage, pledge or otherwise encumber the Real Estate or any part thereof; (vi) to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases of the Real Estate or any part thereof from time to time, for any I 'vrn to H,2.pendence Title PF.TF. MID. Deed 5015-03295 Tax Map Nos. 22 A 89A, 22 A 92, 22 A 93, & 22 A 94, Winchester, VA 22603 O W J rental and upon any other terms and conditions and for any period (whether or not extending beyond the term of the Trust Agreement); and (vii) to release, convey or assign any other right, title or interest of the Trustees whatsoever in and to the Real Estate or any part thereof. No party dealing with the Trustees in relation to the Real Estate in any manner whatsoever and (without limiting the foregoing) no party to whom the Real Estate or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustees shall be (i) obligated to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the interest of the Trustees in the Real Estate; (ii) required to see that the terms of the Trust Agreement have been complied with; (iii) obligated to inquire into the authority, necessity or expediency of any act of the Trustees; or (iv) privileged to inquire into any of the terms of the Trust Agreement. Every deed, mortgage, lease or other instrument executed by the Trustees in relation to the Real Estate shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder: (i) that at the time of the delivery of such instrument the Trust Agreement was in full force and effect; (ii) that such instrument was duly executed in accordance with the terms and conditions of the Trust Agreement and is binding upon all beneficiaries thereunder; (iii) that the Trustees were duly authorized and empowered to execute and deliver every such instrument; and (iv) that any successor trustee or trustees have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of their predecessor in trust. The Trustees shall have no individual liability or obligation whatsoever arising from their ownership, as trustees, of legal title to the Real Estate, or with respect to any act done or contract entered into or indebtedness incurred by them in dealing with the Real Estate, or in otherwise acting as trustees hereunder. The interest of every beneficiary hereunder and under the Trust Agreement, and of all persons claiming under any of them, shall be only in the earnings, income and proceeds arising from the rental, sale or other disposition of the Real Estate. Such interest is hereby declared to be personal property, and no beneficiary hereunder and under the Trust Agreement shall have any right, title or interest, legal or equitable, in or to the Real Estate, as such, but only in the earnings, income, and proceeds thereof as provided in the Trust Agreement. Deed 5015-03295 Tax Map Nos. 22 A 89A, 22 A 92, 22 A 93, & 22 A 94, Winchester, VA 22603 7- 0 E This Deed and the conveyance hereunder is governed by and is to be read and construed with reference to Section 55-17.1 of the Code of Virginia (1950), as amended as of the date hereof. This conveyance is made subject to easements, conditions and restrictions of record insofar as they may lawfully affect the Property. WITNESS the following signat s anLseals: (SEAL) Paul C. Valentino L_(SEAL) Ma alentino STATE OF U t "`J htJ � a . COUNTY OF L V— d r— ; to wit: The foregoing instrument was acknowledged before me this i ;-day of October, 2015, by Paul C. Valentino and Mary A. Valentino. My Commission expires: 3//17 Notary Registration No.: —7,'f$ y Vy C-� NOTARY PUBLIC WAliam Burkart Cortxnonwea8h nl Vugmla Nclery FuDlic Cpmhuipn No 72961u My Comrt;�ssnn fxpes 8/l1.20t7 Deed 5015-03295 Tax Map Nos. 22 A 89A, 22 A 92, 22 A 93, & 22 A 94, Winchester, VA 22603 7 • Exhibit "A" Legal Description Properties to be conveyed to Paul & Mary Valentino Stonewall Magisterial District Frederick County, Virginia PARCEL ONE: (Tax Map 22-A-89A) Beginning at an iron rod set in the easterly right-of-way line of Apple Pie Ridge Road and a comer of the land of Lillian V. Boyles; thence departing Boyles and running the right-of-way line the following courses and distances, N.41°0l'00"E. 905.37' to a point; thence along the arc of a 1,025.00' radius curve to the left (chord bearing and distance which is N.34o34'44"E. 229.85') 230.34' to a point; thence N.28°08'28"E. 41.09' to an iron rod found, a comer to the land of Robert E. & Karen R. Belford; thence departing Apple Pie Ridge Road and running with Robert E. & Karen R. Belford the following courses and distances, S.60°28'05"E. 137.16' to a 9" Elm, S.73°14'56"E. 241.43' to a fence post comer to another land of Willis E. Belford (Tax Map 22-A-94), thence departing Robert E. & Karen R. Belford and running with said Willis E. Belford S.47°52'15"E. 996.57' to a fence post, a comer to another land of Willis E. Belford (Tax Map 22-A-93); thence departing Belford (Tax Map 22-A-94) and running with Belford (Tax Map 22-A-93) the following courses and distances, S.38°42'00"W. 529.61' to a fence post, N.6199'00"W. 655.69' to a fence post, comer to the land of the aforementioned Lillian V. Boyles; thence departing Willis Belford and running with Boyles the following courses and distances, N.70°02'00"W. 60.51' to a stone, S.88°34'30"W. 868.84' to the point of beginning, containing 24.0628 acres of land. PARCEL TWO: (Tax Map 22-A-92) Beginning at a point in the line of DTS Properties, LLC and a comer of Willis E. Belford (Tax Map 22-A-94); thence departing Belford and running with the DTS Properties, LLC. N.57°59'40"W. 688.05' to a fence post, comer to another land of Willis E. Belford (Tax Map 22-A-93); thence departing DTS Properties, LLC and running with Belford the following courses and distances, N.49°29'45"E. 439.56' to a point, N.44°29'45"E. 448.80' to a point, N.42°29'45"E. 496.83' to a point, N.51°21'00"W. 122.58' to a point, comer to the land of the aforementioned Willis E. Belford (Tax Map 22-A- 94); thence departing Belford (Tax Map 22-A-93) and running with Belford (Tax Map 22-A-94) the following courses and distances, N.39°29'45"E. 283.73' to a point, S.50°30' 15"E. 594.82' to a point, S.36°59'45"W. 1,569.84' to the point of beginning, containing 21.0850 acres of land. PARCEL THREE: (Tax Map 22-A-93) Beginning at a fence post in the line of DTS Properties, LLC and a comer of the land of Willis E. Belford (Tax Map 22-A-92); thence departing Belford and running with the land of DTS Properties, LLC the following courses and distances, N.58°23'00"W. 72.04' to a fence post, N.68°00' 15"W. 1,530.05' to a stone, comer to the land of Lillian V. Boyles; thence departing DTS Properties, LLC and running with Boyles N.30°27'15"E. 1,186.48' to a fence post, comer to another land of Willis E. Belford (Tax Map 22-A-89A); thence departing Boyles and running with Belford the following courses and distances. S.61°39'00"E. 655.69' to a fence post, N.38°42'00"E. 529.61' to a 0 w in Oeed 5015.03295 Tax Map Nos. 22 A 89A, 22 A 92, 22 A 93. & 22 A 94, Winchester, VA 22603 E 0 9 fence post, comer to another land of the Willis E. Belford (Tax Map 22-A- 94); thence departing Belford (Tax Map 22-A-89A) and running with Belford (Tax Map 22-A-94), S.51121'00"E. 1,222.67' to a point, comer to the land of the aforementioned Belford (Tax Map 22-A-92), thence continuing with Belford (Tax Map 22-A-92) the following courses and distances, S.42°29'45"W. 496.83' to a point, S.44°29'45"W. 448.80' to a point, S.49°29'45"W. 439.56' to the point of beginning, containing 55.3913 acres of land. PARCEL FOUR: (Tax Map 22-A-94) Beginning at an iron rod found in the easterly right-of-way line of Apple Pie Ridge Road and a comer of the land of Robert E. & Karen R. Belford; thence departing Belford and running the right-of-way line, N.32°40'24"E. 24.48' to an iron rod found, a comer to the land of Edward T. & Janet Shoup; thence departing Apple Pie Ridge Road and running with Shoup and continuing with the land of Robert L. & Marilyn V. Cunningham the following courses and distances, S.56126'49"E. 257.60' to an iron rod found, S.88°18'51"E. 841.50' (passing over an iron rod found at 404.35') to a fence post comer to the land of Jeffrey S. & Sandra K. Hyre, thence departing the aforementioned Cunningham and running with said Hyre and continuing with the land of John Paul Nethers, N.54°23'36'E. 978.62' (passing over an iron rod found at 404.75') to a fence post, a comer to the land of Runnymeade Farm; thence departing Nethers and running with Runnymeade Farm the following courses and distances, S.50120'55"E. 1,994.00' to a fence post, N.43°31'06"E. 41.58' to an iron rod set, S.57°39' 12'E. 561.36' to a fence post, comer to the land of the William & Malinda C. Henkel; thence departing Runnymeade Farm and running with Henkle, S.29*01'00"W. 742.09' to a nail found, comer to the land of DTS, LLC: thence departing Henkel and running with DTS, LLC the following courses and distances, S.53102'00"W. 68.05' to a fence post, N.60°15'00"W. 447.30' to a fence post, S.36°44'00"W. 2,282.83' to a fence post, comer to the land of DTS Properties, LLC; thence departing DTS, LLC and running with DTS Properties, LLC N.57°59'40"W. 333.09' to fence post, comer to another land of Willis E. Belford (Tax Map 22-A-92); thence departing DTS Properties, LLC and running with Belford (Tax Map 22-A-92) the following courses and distances, N.36°59'45"E. 1,569.84' to a point, N.50030' 15"W. 594.82' to a point, S.39°29'45"W. 283.73' to a point, comer to another land of Willis E. Belford (Tax Map 22-A-93); thence departing Belford (Tax Map 22-A-92) and running with Belford (Tax Map 22-A-93), N.51°2l'00"W. 1,100.09' to fence post, comer to another land of Willis E. Belford (Tax Map 22-A-89A); thence departing Belford (Tax Map 22-A-93) and running with Belford (Tax Map 22-A-89A), N.47°52' 15"W. 996.57' to a fence post, comer to the land of the aforementioned Robert E. & Karen R. Belford; thence departing Belford (Tax Map 22-A-89A) and running with Robert E. & Karen R. Belford the following courses and distances, N.37°48'33"E. 316.43' to an iron rod found, N.57°54'54"W. 416.98' to the point of beginning, containing 122.0618 acres of land. vmu1NIA: FL. DEkiLh WLN I.Y.S0. This instrument of writing was produced to me on and with ccrt06:u... menu thereto annexed was admitted to., -o i.t ..,+,.,cd by Sec. 58.1.802of f L, and ", .I-S:il have been paid, if mcuabld 4"". J1 ,CIO& �� CD cz r .) r_j Daad 5015.03205 Tax Map Nos. 22 A 89A, 22 A 92, 22 A 93, 3 22 A 94, Winchester, VA 22603 DOCumeni Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT IF THIS DOCUMENT ]MEETS YOUR APPROVAL PLEASE INMAL AND PRO VIDE THE DATE AND TIME OF YOUR APPROVAL. IF TfLISD0QAfENTD0ESN0TAIEET YOUR APPRO V,4L PM4d'EPR0VIDE C0AfA1ENT9,49 TO *2L4T YOU WOULD LIKE TO K4 TIE COMPLETED: Initials Date cot Time Candice Nfark Dave / Tyler �- Mike John COMMENTS: S PC 04 ( , Received by CIerical Staff (Date & Time): v / (S:Omce on BlackboxWorm slDocumen(Approval Form-V7/2016 )