HomeMy WebLinkAboutPCWorkSessionAgenda2024February215:45 PM Work Session Call to Order
Discussion Item(s)
Rezoning #06-23 of Winchester Gateway, LLC
Submitted to rezone +/- 34.26-acres of a +/- 71.85-acre parcel from the RA (Rural Areas) District to
the M1 (Light Industrial) District with proffers. The property is located at the intersection of Apple
Valley Road (Route 652) and Middle Road (Route 628) and is bounded by Route 37 to the west
and is identified by Property Identification Number (PIN) 63-A-80I in the Back Creek Magisterial
District.
Adjourn to Regular Meeting
AGENDA
PLANNING COMMISSION
WEDNESDAY, FEBRUARY 21, 2024
5:45 PM
PURPLE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC02-21-24ApplicationBriefing_REZ06-23 _Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: February 21, 2024
Agenda Section: Discussion Item(s)
Title: Rezoning #06-23 of Winchester Gateway, LLC
Attachments:
PC02-21-24ApplicationBriefing_REZ06-23 _Redacted.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Department of Planning & Development Staff
SUBJECT: REZ #06-23 – Winchester Gateway, LLC. (work session)
DATE: February 13, 2024
Introduction:
This work session memo provides a summary of previous Planning Commission discussions from the
public hearing on January 3, 2024, and includes additional information submitted by the applicant’s
representative in response to Planning Commission comments for REZ #06-23 – Winchester Gateway,
LLC. This proposal seeks to rezone +/- 34.26-acres of a +/-71.85-acre parcel from the RA (Rural Areas)
District to the M1 (Light Industrial) District with proffers.
Planning Commission Summary and Action from January 3, 2024, Meeting:
The Planning Commission held a public hearing on January 3, 2024. The Planning Commissioners
expressed several concerns with the proposed rezoning and directed the applicant to come back with a
revised application. The applicant was to address: design and architectural standards for buildings,
including specifying the type of building materials and limiting the height of all structures to 60-feet (FT);
clarifying which M1 (Light Industrial) Zoning District uses would be allowed and proffering out uses that
would have a detrimental impact on adjoining residential property; further analyzing traffic impacts on
Apple Valley Road, Middle Road, and the intersections of Apple Valley Road/Route 11 and Apple Valley
Road/Middle Road; extending the widening of Apple Valley Road along the length of the entire property
frontage; inter-parcel access with the Blackburn Commerce Center; buffers and screening and providing a
higher standard to protect neighboring residences; and reducing industrial noise created on-site. Two (2)
members of the public spoke in opposition to the proposed application. The speakers expressed concerns
with increased truck traffic west of the existing industrial area on Apple Valley Road, noise from industrial
uses, and stated the proposed buffer and existing vegetation was insufficient to screen the use from
adjoining residences.
The Planning Commission unanimously recommended the rezoning application be tabled for 60 days and
that the applicant work to improve the application and address their stated concerns.
Applicant Response to Public Hearing Comments:
The applicant has provided a response letter (dated February 6, 2024), revised generalized development
plan (GDP, revised January 26, 2024) and other supporting exhibits to address some of the stated Planning
Commission concerns regarding the rezoning application.
Additional Staff Comments:
A summary table of Planning Commissioner comments made at the January 3, 2024 public hearing
discussion (summarized above) is provided. The table also includes the applicant response to some of those
PC comments made and/or additional staff notes for discussion. The materials provided by the applicant do
not address all the stated concerns brought by the Planning Commission (PC) at the January 3rd meeting.
Further, the applicant’s response letter also requests additional clarification from the Planning Commission
regarding some comments made on the application. Staff would note, no changes have been made to the
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REZ #06-23 – Winchester Gateway (work session)
February 13, 2024
Page 2
proffer statement (dated December 29, 2023) included with the January 3, 2024, public hearing materials.
The proffer statement previously provided is also attached for reference.
PC Comments Applicant Response (February 6, 2024)Additional Staff Comments
Include design and/or architectural standards
for buildings, including specifying the type of
building materials and limiting the height of
all structures to 60-feet (FT)
PC comment not addressed.
Clarify allowed uses permitted and proffer
out uses that would have a detrimental
impact on adjoining residential property
(noise, odor, glare, traffic, vibrations, etc.)
The County has recently amended its
ordinance, moving away from the
identification of uses following antiquated
SIC code system. As a result, it appears that
many of the M1 uses that had historically
been deemed to be undesirable have, in fact,
through this most recent ordinance
amendment been dropped from M1.
The applicant response does not appear to
address stated concerns from the Planning
Commission. Staff would clarify that the
Board adopted a revision to the allowed uses
table for the M1 Distirct (November 2023)
did not remove any existing/allowed uses.
Further, the adopted amendment expanded
the allowed uses table for the M1 district to
include: Storage Batteries and Primary
Battery Manufacturing, and Waste
Management & Remediation Services limited
to glass, cardboard, and plastics recycling
and excluding incinerators.
Address traffic impacts along Apple Valley
Road, Middle Road, and the intersection of
Apple Valley Road and Route 11 and Apple
Valley Road and Middle Road.
PC comment not addressed.
Widening of Apple Valley Road alongthe
length of the property frontage
It does not appear the three-lane section of
road is warranted or needed for the zoning of
the remaining porition of the applicants
property to industrial.
The applicant response does not appear to
address stated concerns from the Planning
Commission. No changes have been made to
previously provided proffer statement or
proposed improvements. VDOT in their
December 2023 comments requested a three-
lane section to match existing Blackburn
Commerce Center frontage.
Inter-parcel connection with Blackburn
Commerce Center
PC comment not addressed. Staff notes that
conceptually the a potential inter-parcel
connection is noted on GDP, however, the
requirement for the connection is not
proffered where it could be enforced or
required.
Extend the buffer around the point where the
property fronts along middle road. Revised
drawings depict the extension of that buffer.
No changes to the previously provided
proffer statement or proposed improvments.
The applicant response does not appear to
address stated concerns from the Planning
Commission.
From visits to the site, it is not clear to the
applicant as to whether the sound that is
current being heard by the residents is
something that is at a particulary high decible
level or rather may be something that is at a
certain pitch.
The applicant response not appear to address
stated concerns from the Planning
Commission, specifically to address
industrial noise created on site by any of the
allowed/proposed uses.
Enhanced buffers and screening (exceeding
zoning ordinance requirements) to protect
neighboring residences and reduce industrial
noise.
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REZ #06-23 – Winchester Gateway (work session)
February 13, 2024
Page 3
Requested Action:
No action requested. This work session is for additional discussion on the proposed rezoning. The rezoning
application will be brought back to the Planning Commission for action on March 6, 2024.
MTK/pd
Attachments: 1. County Response Letter & Exhibits
2. Proffer Statement (unchanged from 1/3/24 PC)
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THOMASMOORELAWSON,P.C.*OFCOUNSEL-WILLIAMSMULLEN120EXETERDRIVE,SUITE200POSTOFFICEBox2740WINCHESTER,VA22604*THOMASMOORELAWSONTIAWSON(aISPLC.COiiITELEPHONE:(540)665-0050FACSIMILE:(540)722-4051February6,2024FrederickCountyDepartmentofPlanning&DevelopmentAttn:WyattPearson,DirectorofPlanningJohnBishop,AssistantDirectorTylerKlein,SeniorPlanner107NorthKentStreetSuite202Winchester,VA22601Re:WinchesterGatewayLLCRezoningOurFileNo.1503.001VIAE-MAILGentlemen:Attachedpleasefindthefollowingthreeadditionalexhibits(a)RoadWideningExhibit,(b)GeneralDevelopmentPlan,and(c)RoadWideningIllustrativeExhibittobeaddedtotheWinchesterGatewayrezoningfile.WeunderstandthereisscheduledajointworksessionofPlanningCommissionandBoardofSupervisorsonFebruary21,2024at6:00p.m.Wewouldaskthatthesematerialsbemadeavailableforthatworksessionand,ifatallpossible,bescannedinsotheycanalsobedisplayedonscreenduringthemeeting.Inaddition,wewouldaskthatacopyofthisletterbedeliveredtothoseattendingtheworksession.TheseexhibitswerepreparedinresponsetothecommentsreceivedfrommembersofthePlanningCommissionandpublicattheJanuary3,2024PlanningCommissionhearing.OneofthecommentsthatseemedtobeuniversalwastoextendthebufferaroundthepointwherethepropertyfrontsalongMiddleRoad.Youwillnotethereviseddrawingsdepicttheextensionofthatbuffer.Theotheritemthatwasdiscussedwastheextensionofathree-laneroadsectionacrosstheentirefrontageoftheWinchesterGatewaypropertytoitsintersectionwithMiddleRoad.Thisthree-lanesectionwouldbeidenticaltothethree-laneroadsectionthatwasinstalledontheportionofAppleValleyRoadfrontingtheTrexparcel.Asstatedatthehearing,however,andwasconfirmedbytheApplicant’strafficengineer,itdoesnotappearthethree-lanesectionofroadiswarrantedorneededforthezoningoftheremainingportionoftheApplicant’spropertytoindustrial.Furtherstill,the6
FrederickCountyDepartmentofPlanning&DevelopmentFebruary6,2024Page2ApplicantissensitivetothetworesidentswholiveinthehomesalongAppleValleyRoadandwhospokeinoppositiontowideningAppleValleyRoad.Theirconcernwasthatexpandingthewidthofthatroadwouldonlycausetheexistingtraffictogothatmuchfasteralongthestraightstretchofroad.TheApplicantlooksforwardtoreceivingsomeguidanceandrecommendationfromthePlanningCommissionforthisroad.Forthepurposesofaidingwiththediscussion,theattacheddrawingsdodepictexpansionofthewidthoftheroadallthewaytoMiddleRoadwithathree-lanesection.Wealsoheardcommentsaboutthepossibilityofreducingthenumberofpotentialusesforthesite.AswaspointedoutatthelastPlanningCommissionmeeting,weareawaretheCountyhasrecentlyamendeditsordinance,movingawayfromtheidentificationofusesfollowingtheantiquatedSICcodesystem.Asaresult,itappearsthatmanyoftheMlusesthathadhistoricallybeendeemedtobeundesirablehave,infact,throughthismostrecentordinanceamendmentbeendroppedfromMl.Intheevent,however,thoseattheworksessionbelievetherearesomeusesthatmaynotnecessarilybesuitableforthissite,theApplicantwouldliketoreceivethatfeedback.Accordingly,thisissueshouldbediscussedduringtheupcomingworksession.Finally,therewerediscussionsaboutnoisethatcouldbegeneratedbyzoningtheremainingportionoftheWinchesterGatewaypropertytoindustrialandtherewerecommentsaboutanoisethatiscurrentlyheardbynearbyresidentsandbelievedtobegeneratedbyoneoftheTrexfacilities.Wehaveprofferedanot-to-exceeddecibellevelatthepropertyline.Fromvisitstothesite,itisnotcleartotheApplicantastowhetherthesoundthatiscurrentlybeingheardbytheresidentsissomethingthatisataparticularlyhighdecibellevelorrathermaybesomethingthatisatacertainpitch.Thebottomlineisafterspendingtimeatthesite,wearenotabletonarrowdownthatsoundand,therefore,trytoderivesomelanguagetodescribeorotherwiseagreetoaproffertonothaveausethatmakessuchsound.Onceagain,ifthePlanningCommissioncouldprovidesomeguidanceonthatissue,itwouldbegreatlyappreciated.WelookforwardtotheworksessiononFebruary21StAsalways,shouldtherebeanyfurthercommentsorquestions,pleasedonothesitatetocontactme.TML:atdAttachmentscc:WinchesterGatewayLLC7
EX. Zoning Boundary
(M1 & RA)
Property Line
Wetland "A"
Delineated Wetland "DE"
Wetland "FG"
Off-Site Wetland
"BC"
Delineated Wetland "BC"
Delineated Wetland "DE"
Delineated Wetland "BC"
Off-Site Wetland
"BC"
Delineated Wetland "BC"
Delineated Wetland "HI"
Spring
75' BRL
75
'
B
R
L
25' BRL 25' BRLEx. 10" D.I.P. W/L
Ex. 10" D.I.P. W/L
Ex. 8" D.I.P. W/L
Ex. Fire Hydrant (F-182)
Static Pressure = 68 PSI
Static Pressure = 1,233 GPM
Residual Pressure = 54 PSI
Test Date: 04/24/2007
Ex. Fire Hydrant (F-183)
Static Pressure = 62 PSI
Static Pressure = 1,198 GPM
Residual Pressure = 51 PSI
Test Date: 08/13/2012
Ex. Fire Hydrant (F-184)
Static Pressure = 50 PSI
Static Pressure = 1,140 GPM
Residual Pressure = 46 PSI
Test Date: 02/15/2005
Ex. 10" D.I.P. W/L
FW 20"
WL - ARV
200' INACTIVE BUFFERWITH CATEGORY C FULLSCREEN PER PROFFER200' INACTIVE DISTANCE BUFFER WITH
CATEGORY C FULL SCREEN PER PROFFER.
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Existing Electric
Transmission Line &
Esmt. (Shown Approx.)Middle Road(VA SEC RTE #628)Property Line
Ex. Pond
PROP. PRIMARY ENTRANCE
POTENTIAL INTER-PARCEL ACCESS
PROP. PRIMARY/SECONDARY ENTRANCEEx. 8" D.I.P. W/LEx. 10" PVC W/LEx. 10" D.I.P. W/L
PROP. APPLE VALLEY ROAD IMPROVEMENTS (SEE TYPICAL SECTION)
INACTIVE CATEGORY C WITH
FULL SCREEN BUFFER
EX. RIGHT-OF-WAY & ROAD C/LEPEPSUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARYC/L 10' ROADSIDE DITCHEX. FENCEEX. GRADE
55'
45'10'
35'10'10'EX. RIGHT-OF-WAY& ROAD C/LEPC/L 10' ROADSIDE DITCH55'
45'10'
12'19'12'12'EPTHRU TURN THRU
C/LPROP. PAVEMENT
PROP. GRADE
END OF BUFFER200'SUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARY75'CATEGORY C WITH FULLSCREEN BUFFERCATEGORY C WITH FULLSCREEN BUFFER151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVSCALE: 1" = 100'
100 0 100 200
1" = 100'
1GENERAL DEVELOPMENT PLANBLACKBURN PROPERTY REZONINGBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIAJAN 26, 2024
EJG / RLK
1
0036E
A. Total Site Area = 71.85 AC. (3,129,844.14 SF)
B. Proposed Zoning
1. M1, Light Industrial
C. Building Setbacks
1. Front Yard Primary & Arterial Highways = 75'
2. Front Yard Collector & Minor Streets = 75'
3. Side = 25'
4. Rear = 25'
D. Floor Area Ratio (FAR)
1. Maximum Permitted = 1.00 (3,129,844.14 GSF)
2. Maximum Proposed = 0.30 (938,953 GSF)
E. Landscaped Area (% of Lot)
1. Minimum = 25% (782,461 SF)
F. Height
1. Maximum = 60 feet
G. Buffer Requirements
1. 200-ft buffer with existing vegetation preserved per proffer
2. 75-ft Inactive category 'C' with full screen buffer
Preliminary Design Criteria:
LEGEND:
APPROXIMATE LOCATION OF POTENTIAL
ACCESS POINT
EX. APPLE VALLEY ROAD
TYPICAL SECTION
PROP. APPLE VALLEY ROAD
TYPICAL SECTION
INACTIVE CATEGORY C WITH FULL SCREEN
BUFFER
200' INACTIVE DISTANCE BUFFER WITH
CATEGORY C FULL SCREEN PER PROFFER
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EX. Zoning Boundary
(M1 & RA)
Property Line
75' BRL
75
'
B
R
L
25' BRL 25' BRLEx. 10" D.I.P. W/L
Ex. 10" D.I.P. W/L
Ex. 8" D.I.P. W/L
Ex. Fire Hydrant (F-182)
Static Pressure = 68 PSI
Static Pressure = 1,233 GPM
Residual Pressure = 54 PSI
Test Date: 04/24/2007
Ex. Fire Hydrant (F-183)
Static Pressure = 62 PSI
Static Pressure = 1,198 GPM
Residual Pressure = 51 PSI
Test Date: 08/13/2012
Ex. Fire Hydrant (F-184)
Static Pressure = 50 PSI
Static Pressure = 1,140 GPM
Residual Pressure = 46 PSI
Test Date: 02/15/2005
Ex. 10" D.I.P. W/L
FW 20"
WL - ARV
200' INACTIVE BUFFERWITH CATEGORY C FULLSCREEN PER PROFFER200' INACTIVE DISTANCE BUFFER WITH
CATEGORY C FULL SCREEN PER PROFFER.
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Existing Electric
Transmission Line &
Esmt. (Shown Approx.)Middle Road(VA SEC RTE #628)Property Line
PROP. PRIMARY ENTRANCE
POTENTIAL INTER-PARCEL ACCESS
PROP. PRIMARY/SECONDARY ENTRANCEEx. 8" D.I.P. W/LEx. 10" PVC W/LEx. 10" D.I.P. W/L
PROP. APPLE VALLEY ROAD IMPROVEMENTS (SEE TYPICAL SECTION)
SEGMENT 'B'SEGMENT 'A'SEGMENT 'C'EX. RIGHT-OF-WAY & ROAD C/LEPEPSUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARYC/L 10' ROADSIDE DITCHEX. FENCEEX. GRADE
55'
45'10'
35'10'10'EX. RIGHT-OF-WAY& ROAD C/LEPC/L 10' ROADSIDE DITCH55'
45'10'
12'19'12'12'EPTHRU TURN THRU
C/LPROP. PAVEMENT
PROP. GRADE
END OF BUFFER200'SUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARY75'CATEGORY C WITH FULLSCREEN BUFFERCATEGORY C WITH FULLSCREEN BUFFER151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVSCALE: 1" = 100'
100 0 100 200
1" = 100'
1ROAD WIDENING EXHIBITBLACKBURN PROPERTY REZONINGBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIAJAN 26,2024
EJG / RLK
1
0036E
LEGEND:
APPROXIMATE LOCATION OF POTENTIAL
ACCESS POINT
SEGMENT 'A'
SEGMENT 'B' (INCLUDES SEGMENT 'A'
SEGMENT 'C' (INCLUDES SEGMENT 'A & B '
A. Total Site Area = 71.85 AC. (3,129,844.14 SF)
B. Proposed Zoning
1. M1, Light Industrial
C. Building Setbacks
1. Front Yard Primary & Arterial Highways = 75'
2. Front Yard Collector & Minor Streets = 75'
3. Side = 25'
4. Rear = 25'
D. Floor Area Ratio (FAR)
1. Maximum Permitted = 1.00 (3,129,844.14 GSF)
2. Maximum Proposed = 0.30 (938,953 GSF)
E. Landscaped Area (% of Lot)
1. Minimum = 25% (782,461 SF)
F. Height
1. Maximum = 60 feet
G. Buffer Requirements
1. 200-ft buffer with existing vegetation preserved per proffer
2. 75-ft Inactive category 'C' with full screen buffer
Preliminary Design Criteria:
EX. APPLE VALLEY ROAD
TYPICAL SECTION
PROP. APPLE VALLEY ROAD
TYPICAL SECTION
EX. APPLE VALLEY ROAD
TYPICAL SECTION
PROP. APPLE VALLEY ROAD
TYPICAL SECTION
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PROFFER STATEMENT
REZONING: RZ# _____________
Rural Areas (RA) and Light Industrial (M1) to Light Industrial (M1)
Previously approved rezoning application #01-15
PROPERTY: 71.85 Acres +/-;
Tax Map Parcel 63-A-80I (the “Property”)
RECORD OWNER: Winchester Gateway LLC (“Owner”)
ORIGINAL DATE
OF PROFFERS: August 23, 2023
REVISION DATE(S): November 28, 2023
The undersigned Owner hereby proffers that the use and development of the above-
referenced parcels, which are requested to be rezoned, shall be in strict conformance with the
following conditions, which shall supersede all other proffers on the Property that may have been
made prior hereto. In the event that the above-referenced M1 conditional rezoning is not granted
as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void.
Further, these proffers are contingent upon final rezoning of the Property with “final rezoning”
defined as that rezoning which is in effect on the day following the last day upon which the
Frederick County Board of Supervisors’ (the “Board”) decision granting the rezoning may be
contested in the appropriate court. If the Board’s decision is contested, and the Owner elects not
to submit development plans until such contest is resolved, the term rezoning shall include the day
following entry of a final court order affirming the decision of the Board which has not been
appealed, or, if appealed, the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Property adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term “Owner” as referenced herein
shall include within its meaning all future owners and successors in interest.
1. Site Development
1.1 Owner proffers to develop the Property in substantial conformance with the
Generalized Development Plan for Blackburn Property Rezoning dated May 15,
2023 by Greenway Engineering which is attached hereto and incorporated herein
by reference as “Exhibit A” (“GDP”).
1.2 Development of the Property shall include the following building restrictions:
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All loading docks shall be screened from view from all adjacent properties
zoned RA and RP.
1.3 Development of the Property shall include the following landscape design features:
Owner proffers to install a green space buffer between Apple Valley Road and
the existing pond. The buffer will extend two hundred (200) feet from the edge
of Apple Valley Road. The green space buffer is to be left undisturbed and
remain in its natural state. In the event there exists a screening gap in the
existing vegetation, plants and trees of native species shall be planted in said
gap. The green space buffer may only be disturbed for installation and
maintenance of utilities, and maintenance of the vegetation. The green space
buffer shall be in general conformance with the location shown on the GDP.
2. Transportation
2.1 Owner proffers to construct not more than two full-movements entrances on Apple
Valley Road in general conformance with the locations shown on the GDP. Owner also proffers
to construct road improvements along Apple Valley Road which are generally consistent with the
road improvements that were installed to the M1 property immediately adjacent to the west. This
would include paving of two full lanes of travel with a center turn lane. It is anticipated that the
road improvements shall be installed to the first entrance for the Property, which would be the
westernmost entrance. In the event the second entrance is required to be installed, Owner proffers
to install the aforementioned three lane road improvements on Apple Valley Road to the second
entrance and at such time as a certificate of occupancy is issued for any industrial building
constructed on the Property which pursuant to the ITE Manual generates more than two thousand
VPD. Owner does not proffer to build any additional road improvements to extend across the
remaining portions of Apple Valley Road to its intersection with Middle Road.
3. Fire and Rescue
3.1 Owner proffers to make a one-time payment to Frederick County for the purposes
of fire and rescue services in the amount of $0.10 per square foot of any future building constructed
on the Property.
4. Escalator
4.1 In the event the monetary contributions set forth in these Proffers are paid to
Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by
Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in these Proffers which are paid to the County after eighteen (18) months following the
approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index
(“CPI-U”) published by the United States Department of Labor, such that at the time contributions
are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18)
months after the approval of this rezoning to the most recently available CPI-U to the date the
contributions are paid, subject to a cap of six percent (6%) per year, non-compounded.
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[remainder of page intentionally left blank]
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Respectfully submitted,
WINCHESTER GATEWAY LLC
By: Winchester Advisors LLC
Its: Manager
By: Darius E. Saeidi
Its: Manager
STATE/COMMONWEALTH OF _________, AT LARGE
CITY/COUNTY OF ____________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023, by Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager of WINCHESTER
GATEWAY LLC.
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration number:
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