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HomeMy WebLinkAbout03-22 One Logistics Park - Shawnee PIN 64-A-83B R4 to M1 - Backfile00 0 REZONING TRACKING SHEET Check List: Application Form i Fee & Sign Deposit Proffer Statement _Iz Deed impact Analysis ✓ Plat/Survey Adjoiner List _� Taxes Paid Statementy- �5 22 "L2 5 2z S 7lislaa 7/i81 as Sys ID # File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: `&--C Q Board of Supervisors Meeting ACTION: QPAJA) )-�,I Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended NOTES RECEIVED FROM�-jDe l ADDRE 31 ache s:L- ``���t�c�.slti�c� -k-o z' FOR DATEQ I �—�— NO. 320319 C 1 � � c C.l k ku�,,8 ACCOUNT HOW ID AMT. OF G15H _PA_ ACCOUNT �I6 - CI-IECI: 3+i hEE MONEY £ ORDER BY ` 'r C2001 rEPIF-OBLI. �' 81.806 :i This report is prepared by the Frederick Courrty Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/22 Recommended Approval Board of Supervisors: 07/13/22 Pending PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with proffers to the M I (Light Industrial) District with proffers. LOCATION: The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-8313 PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use Vacant South: M 1 (Light Industrial) Use Vacant East: M 1 (Light Industrial) Use Vacant West: M1 (Light Industrial) Use Vacant REVIEW EVALUATIONS: Due to the fact that the a��nlicant is allOying the proffers of Rezoning #01-21 in their entirety to the subject rrarcel resulting in no changes to transportation or other infrastructure or additional enabled square footage staff has not required the amAicant to seek additional agency comments. Planning_& Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned RI (Residential Limited) District. The parcels were re -mapped from Rl to A2 (Agricultural General) District pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re - mapping of the subject property and all other Al and A2 zoned land to the RA District. The subject properties were rezoned to the R4 (Residential Planned Community) District in 2005 (revised in 2009, 2013 and 2014). A Master Development Plan was approved for the property, the Governors Hill project, in 2009. 2) Conimrehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as theCommunity's guide for making decisions regarding development, preservation, public facilities, and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Laud Use The Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide guidance on the fixture development of this property. The site is located within the limits of the Sewer and Water Service Area (SWSA). The Plan identifies this property with a commercial/transition and residential land use designation which is consistent with the current zoning; therefore, the requested M 1 (Light Industrial) District is generally inconsistent with the Comprehensive Plan. It should be noted that the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning approval; the plan was later updated to show the residential zoning approved in 2005. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is supported within the Airport Support Area to minimize such use conflicts and ensure the feasibility of fixture airport expansion. The elimination of the residential zoning that currently exists on the site would further the goals of the Airport Support Area. Transportation and Site Access The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major collector road system which provides for an east -west linkage (Coverstone Drive) which connects to Millwood Pike (Route 50 East) at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The planned connection from the existing terminus of Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that serves both this development and significant residential development north of Route 50. This connection would offer an alternative route that would help relieve future congestion on Route 50 between Prince Frederick Drive and I-81. hn addition, Coverstone Drive will connect with the future relocated Route 522 South, which once approved and constructed, would connect at Prince Frederick Drive. In combination with the Crossover Boulevard project, which is currently under construction from Airport Road into the City of Winchester, this important network connection would allow significant traffic flow from this development and surrounding land uses to access Route 522 and the City of Winchester- without traveling through the Exit 313 interchange area. 3) Potential Impacts: Due to the fact that this property proposes to adopt the proffers from Rezoning #01-21 for this parcel in their entirety and that those proffers limit development to specific square footage caps, there is no additional impact created by the rezoning of this parcel. 4) Proffers: The proposed proffers associated with this rezoning application are as follows. As noted previously, these proffers are identical to the proffers of Rezoning 01-21 for the surrounding properties. Proffer Statement: LAND USE 1.1. The project shall be designed to establish interconnected commercial and light industrial Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. 2. TRANSPORTATION 21. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 22 The Owners shall design, construct, and dedicate Coverstone Drive as an urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right-of- way in accord with the phasing schedule referenced below. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase 1 shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be bonded and constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four-way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. Additionally, the Owner shall close the existing Millwood Pike crossover previously used for access to the golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive fi•oin the Pendleton Drive intersection to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 1 or 2 and or no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. 23. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the constriction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the frill construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior- to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FI-IWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later- six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays I and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property. 2.4 The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two-lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 25. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel identified as TM 64-A-83B. Tile Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non-residential uses. If this residentially zoned parcel is rezoned by others for non- residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A-83B) will not be used for site access. 26. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2-6.1. Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive b) Westbound Millwood Pike dual left turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 262 Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square i'M and shall consist of the following I lyiZ;.iLJr improvements: a) Northbound Prince Frederick Drive left to Costello Drive; and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In filrtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit 1 hereto shall be executed and submitted to VDOT prior- to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants For installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 263 Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, Including modifications to the existing signal and geometric Improvements of the crossover and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 27. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary easements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffcred obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors. The construction cost estimate shall be subject to review and approval by the County. Thiscash contribution shall coincide with the thresholds that triggers the off -site road improvement as identified in Proffer 2.6. 28. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. WATER AND SANITARY SEWER 5.1. The Owner shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 52 Prior to the first water- or sewer connection to the public system for occupancy in Phase A, the Owner, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION C.1. The Owner shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase 1I and III investigations thereof as may be demonstrated to be necessary by the Phase I study. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/15/22 MEETING: The applicant and staff each presented the rezoning. There were no questions fi-om the Planning Commission though Commissioners did note that this was an example of being a good neighbor and that the applicant really did listen on this one. The Commission unanimously recommended approval of the rezoning. Following the reat(ircd /rublic Irenri»ua decision r ctrar(!i»sr this rezoning (ILI- anon Gv the B r r o S(j)ervisors would be aurropriate The Agi-Vicant should be nrenared to a(leauateiv address all conceals raised Iry the Board Of Sl/f)C/ Vlsors. V Sewer and water Service Area B2 (General Business District) M1 (Light Industrial District) R4 (Residential Planned Community District) h5 1Jn Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 340 Feet Mon CrentedMov 9 7099 REZ # 03 - 22: One Logistics Park PIN: 64 - A - 83B Rezoning from R4 to M1 Long Range Land Use Map X.0 , ' i V S�J+�• ;wiQ , f� •`� ; .,:'} yam,`. 4 ♦.i ♦♦i ate♦ �,�v � � , 'r q ` 1 • • o-. fy Q Application Parcels Sewer and Water Service Area Long Range Land Use 'Qr, Urban Center Mixed -Use tO Airport Support Area High -Density Residential. 12-16 u/a EL`. 1 501 0�1 mil• > a � `� l_ w so 4 WLPINR S►RR1GRe 01 IN ar 170 N N' � I ti Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 340 Feet Mnn C'rented Mov 9 9099 REZ # 03 - 22: One Logistics Park PIN: 64 - A - 83B Rezoning from R4 to M1 Location Map 44, �h it �� •/', ��' '{ -41 . . � r 'r ~ � if` ���a. tom• t .� � � � � \ \ . � � � � , . � 1Ar 4Y • • " EZ #03-22. F .�/ • i ' ', ' Il fI1 ' • ' u � t GM 8 Aarcels lon Parcels OSewer and Water Service Area WRING RD Frederick County Planning d Development 107 N Kent S1 Winchester, VA 22601 540 - 665 - 5651 340 Feet Minn Crented Mnv 9 9079 I N5 170 PROFFER STATEMENT REZONING: RZ # : R4 (Residential Planned Community District to M-I (Light Industrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83 (Hereinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (Hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in conformance with the Following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("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 that is in effect on the day upon which the Frederick County Board of County Supervisors (the "Board") grants the rezoning. 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 "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William I-1. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1. LAND USE l.l. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2D02 000721000096)Page 1 of 8 2. TRANSPORTATION 2.1. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Coverstone Drive as an urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right-of-way in accord with the phasing schedule referenced below, Prior to the commencement of the Phase l improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond documents approved by the County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE l: Phase I shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase I improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase 1, the Owners shall seek VDOT permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing Millwood Pike crossover previously used for access to the golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase I four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing (L0281690.DOCX / 1 One Logistics Park (Mearkie Addition) draft proffers 4-12-2002 0007210000961Page 2 Of 8 Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays I or 2 and no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet, This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, following completion of the Phase I construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points'on Coverstone Drive south of these Phase 1 improvements are proposed, the continued southward construction of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FHWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays I and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 3 Of 8 identified as TM 64-A-83B. The Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided, No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2.6.1: Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual left turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDO"f approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit I hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 4 of 8 signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary easements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board Of Supervisors. The construction cost estimate shall be subject to review and approval by the County. This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 0007210o0096)Page 5 Of 8 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided, A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the First final site plan for the Property and shall complete Phase II and 111 investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURES APPEAR ON THE FOLLOWING PAGES (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 6 of 8 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: *aryvE,Block Title: Chief Investments Officer and designated signatory STATE OF (A1 . ;(AVj COUNTY/CITY OF G iijq 0 i1 to -wit: The foregoing Proffer Statement was acknowledged before me this G (4,day of Ra , 2022, by Gary E. Block, who acknowledged that he executed the foregoing Proffer Statement with the full power and authority to do so. 111fill Public ° `0T� My Commission Expires Notary Registration # _ tL0281690.D0CX / 10ne Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 7 of 8 LOCATION MAP SCALE: 1" = 2000' NOTES: 1. MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING, INCLUDING BUT NOT LIMITED TO LAND BAY INGRESS/EGRESS AND INTERSECTION ALIGNMENTS, MUST MEET THE INTENT OF THE PROFFERS, FREDERICK COUNTY AND VDOT APPROVAL. 2. THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL / COORDINATION WITH VDOT AND ARE SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY. Exhibit 1 VDOT Traffic Signalization Agreement {L0281690,DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4.12-2002 000721 000096)Page 8 Of 8 Revised 05/17/06 COMMONWEALTH OF VIR.GINIA DEPARTMENT OF TRANSPORTATION Agreeme7it for the installation of an Off --site Traffic "igaal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new (L0281695.DOC / 1 VDOT Off -site Slgnalization Agreement 000721 000096)1 development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)2 Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. NotAitlnstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5 In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (t00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE {L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)3 Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: AN - Name: Gary E. Block Title: Chieflnvestments Officer and designated signatory Virginia Department of Transportation Address: By: X Residency Administrator (L0281695.DOC / 1 VDOT Off -site Slgnalizatlon Agreement 000721 000096)4 UPDATE TO ONE LOGISTICS PARK WINCHESTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA REVISED 4/12/20220 APPLICANT: ONE LOGISTICS PARK, L.P. { L0281681.DOCX / I UPDATE TO ONE LOGISTICS PARK WINC)IESTER impact fnuilysis statemcat 000721 000096) ONE LOGISTICS PARK This report is filed to be a supplemental addition to the One Logistics Park Impact Analysis Statement previously filed with the original One Logistics Park Rezoning Application #0i- 21 and approved by the Frederick County Board of Supervisors on July 14, 2021. In this application, a 3.16-acre parcel, currently zoned R4, identified as PIN# 64 A 8313, acquired by the Owner on March 1, 2022, is proposed for addition to the MI -zoned One Logistics Park and to be subjected to the same proffered commitments as provided in Rezoning Application 901-21. The Owner and Applicant respectfully submits that this 3.16-acre incremental addition to the One Logistics Park approved rezoning, as suggested by the Board of Supervisors during the original One Logistics Park rezoning introduces no new impacts that were not already addressed in the context of the original One Logistics Park rezoning approval. The previous One Logistics Park Impact Analysis Statement is attached hereto. 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O■t71UCT NI1LLANDSAR -+ 1 ` Lar1a OT 1*145.71 AC AMWM LAM BAY TRM amm lER MAIOVEOI1S11c' E)MTMIC� M/ - LOW MDUQTFUN (IM.72 AC) - 1 . L)■Y. wwto,�i,m�aa, � ,1 w aNw1E0 1 WE TPAL PER d/OROVW RV a131) GENERALIZED DEVELOPMENT PLAN 03.15.2022 / NwNIN M�ORMMwa+,/OI.1�■ w�..MrLlq q.RY.�r-t Ob_wl■ •wNRlONO ( 7 \ PENDLETON O1rVE / - - k___ . TRU ,s•. - ,c'i!.i!(... - AREA T'P) ILit �'�'r�� E11MNOaL aOAli T • - - ti,larpY_ '-i Amovniiirq e Ago ONE LOGISTICS PARK WINCHESTER .■l oy ar •o.....s x Gordon ^_w ��L wry. w410.Iq WY.•w,•� ��Ar•.s. NwO�w\ ONE LOGISTICS PARK WINCHESTER I M PACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPLICANT / CONTACT: WICKSHIRE INDUSTRIAL LLC C/O MR. EDWARD PODBOY 2318 RIVIERA DRIVE VIENNA, VA 22181 EMAIL: epodboy@wickshiregroup.com OWNERS: JGR THREE LLC ET ALS HOCKMAN INVESTMENTS LLC GOVERNOR'S HILL LLC ''AM3 ;y � 3 6 ONE LOGISTICS PARK INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 277.22 acre assemblage identified as Tax Map Parcels: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86, & 64-A-87. The subject property is located on the south side of Millwood Pike (U.S. Route 50) and on the north side of the Winchester Regional Airport. The 277.22-acre assemblage is currently zoned R4, Residential (Planned Community District). This application proposes to rezone the 264.72 acre of the assemblage to M-1 (Light Industrial) and 12.5 acres to B-2 (General Business) Districts with up to 2,995,600 square feet of building area. This application seeks to change the current residential zoning designation to provide land uses that are light industrial and general business in nature which are more appropriate given the immediate existing / surrounding uses. To further support this effort, the property is also within the limits of the Airport Support Area where residential development is not desired. Successful entitlement will allow the property will be marketed / developed with any of the allowed and conditional uses as permitted by the respective zoning districts. Those types of uses supports the business development focus goals of the Comprehensive Plan while benefiting the community by offering viable economic development opportunities. BASE INFORMATION LOCATION: FRONTING ON THE SOUTHSIDE OF MILLWOOD PIKE (US ROUTE 50 EAST) AND THE NORTH SIDE OF WINCHESTER REGIONAL AIRPORT. MAGISTERIAL DISTRICT: SHAWNEE DISTRICT PROPERTY ID WS: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86 & 64-A-87 CURRENT ZONING: R4 (RESIDENTIAL PLANNED COMMUNITY DISTRICT) CURRENT USE: VACANT PROPOSED ZONING: M1 (LIGHT INDUSTRIAL DISTRICT) 264.72 AC B2 (GENERAL BUSINESS) 12.5 AC TOTAL PROPOSED SF: 2,995,600 SF TOTAL REZONING AREA: 277.22 AC 2 COMPREHENSIVE PLAN The One Logistics Park Winchester rezoning application is within the Senseny/Eastern Frederick Urban Area Plan per the 2035 Comprehensive Plan. Previous approvals on the properties have designated the west side of the project as intended to be General Business and Industrial Transition uses. The properties on the east side are currently intended to be high density residential (12-16 units/acre). The entire assemblage is within the Sewer and Water Area (SWSA) and approximately 115 acres are within the Urban Development Area (UDA). The application is also within the limits of the Airport Support Area. The 2035 Comprehensive Plan identifies the subject properties with a commercial/transition and residential land use designations. While the requested M1 (Light Industrial) District is generally inconsistent with the Comprehensive Plan, it should be noted that the proposed change of use is consistent with the land use plan that was in effect prior to the Governors Hill rezoning. This area is also within the limits of the Airport Support Area, where residential development is not desired for properties in this area This proposal supports the intended business development goals envisioned by the County for this area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan and provides more complimentary uses adjacent to the Winchester Regional Airport. It would also remove residential zoned land from the Airport Support Area where it is currently discouraged. Together these elements help support the future airport expansion and establishment of commercial and industrial land uses on the subject parcels. SUITABILITY OF THE SITE The subject parcels do have environmental features such as flood plain, wetlands, and steep slopes. These features are minimal when compared to the entirety of the 277-acre assemblage. Through well thought out site planning, and engineering practices, land disturbance will be limited in accordance with applicable regulatory standards. Flood Plains The 277.22-acre portion of the subject property does contain areas of flood plain (Sulphur Springs Run) as demonstrated on FEMA NFIP Map #51069CO219D, Effective Date September 2, 2009, as well as information from the Frederick County GIS Database. No proposed buildings will be located within the limits of the flood plain. A floodplain study or alteration will be processed with Frederick County and FEMA for improvements within the floodplain, as required. 3 Wetlands The National Wetlands Inventory Map identifies five wetland features on the site, all of which are man-made ponds. Any disturbance will be limited in accordance with applicable regulatory standards. More detailed environmental investigation will be completed prior to the site plan and construction process. Any wetland impacts that are required will be processed to comply with all County, State and Federal regulations. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database, the parcels subject to this application contain nine soil types within the limits of the application. The following soil types are present: • 113 Berks Channery Silt Loams 3-8% slope • 1C Berks Channery Silt Loams 8-15% slope • 3B Blairton Silt Loams 2-7% slope • 9B Clearbrook Channery Silt Loams 2-7% slope • 36 Pits, Quarries, and dumps • 41B Weikert-Berks Channery Silt Loams 3-8% slope • 41C Weikert-Berks Channery Silt Loams 8-15% slope • 41D Weikert-Berks Channery Silt Loams 15-25% slope • 41E Weikert-Berks Channery Silt Loams 25-35% slope The existing soils onsite are generally suitable for site construction provided the proper drainage, grading and sloping are maintained during and after construction. The existing soil characteristics and any implications for site development are manageable through the site engineering and construction processes. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to four ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas may be necessary to implement the project grading and stormwater management systems. Surrounding Properties NORTH U.S Route 50 (6 lanes, median divided public road) t Existing residential (more than 500' away) • Zoned: RP (Residential, Performance District) 0 SOUTH • Winchester Regional Airport Future expansion / site access planned through subject area EAST • Existing light industrial / commercial uses Zoned: M1 (Light Industrial District) WEST • Existing Army Corps of Engineers Facility • Zoned: B2 (General Business District) TRANSPORTATION The One Logistics Park Winchester project will be served by a transportation network designed and constructed to accommodate automobile and truck traffic safely and efficiently. The roadway network incorporates the general route location to extend Coverstone Drive as a collector road from Millwood Pike to the existing road adjacent to the Sheriffs east of Prince Frederick Drive. The external road system serving the site is comprised of Millwood Pike (Route SO/17 East), Prince Frederick Drive (Route 781), Coverstone Drive, and Pendleton Drive. Millwood Pike is a four -lane major arterial roadway, Coverstone Drive is proposed as a two-lane major collector and Prince Frederick Drive is a two-lane minor collector road. Pendleton Drive is a two-lane local roadway connecting to the east which provides alternative access to Arbor Court and Victory Road (Va. Rte. 728). The regional roadway network was planned as part of the Governors Hill approvals through 2013, which supported residential, office, and commercial activities with Coverstone Drive planned as a four -lane divided roadway, and off -site improvements at Millwood Pike intersections at Prince Frederick Drive and Sulphur Springs Road. The proposed land use plan significantly reduces the site traffic potential of the property by removing the residential use component and focusing on general industrial uses as recommended in the County Comprehensive Plan, with the general industrial uses, and ancillary commercial use in one land bay adjacent to the Millwood Pike/Coverstone Drive/Inverlee Way intersection, the anticipated site Daily trips at build -out are reduced from over 46,000 Vehicles per Day (VPD) under existing zoning with the Governors Hill uses to approximately 17,600 VPD, or a reduction of over 60 percent. With the significant trip reduction, the on -site public roadway network maintains the ultimate R-O-W for the four -lane extension of Coverstone Drive, but phases the construction to provide the link connection as a two-lane road with turn lanes and widening at Millwood Pike for a four lane section with a raised median. The applicant has maintained off -site turn lane improvements at Costello Drive/Prince Frederick Drive intersection as well as off -site road contributions and trip thresholds in the proffers. However, the 5 biggest change in the development with the employment uses is to establish the initial construction of Coverstone Drive as a through road to provide public street access. The transportation improvement program proffered with this application will improve existing off -site transportation shortfalls identified within the TIS prior to the inclusion of the proposed development impacts to the transportation network. The implementation of this program will occur in Phase A of the development, as specified by the Proffer Statement (see attached). The transportation proffers included with the application mitigate all impacts of the proposed rezoning, by providing the ultimate R-O-W for the public street network and building improvement to service the subject uses. A traffic impact study (TIS) is under preparation for this application using the current updated land use plan and extensive VDOT coordination on the technical scoping. Using trip generation figures from the latest edition of I.T.E. Trip Generation Manual, the TIS projects that the proposed development will reduce vehicle trips greater than 60% from the commercial uses assumed in the transportation studies from the RZ#10-08 rezoning approval. The TIS further includes additional study area roads and intersections from the Governors Hill rezoning study to reflect the regional improvement programmed by VDOT west of the site at the 1-81 interchange. The study also provides the initial on -site traffic operations for Coverstone Drive at the proposed site entrances to verify turn lanes, which provide guidance for future site plan reviews. Based on the traffic forecasts, we anticipate the proposed Coverstone Drive two-lane section with turn lanes will adequately support the build -out of the property with the general industrial uses, as well as accommodate through traffic. The improvements also include the extension of a shared use path along Coverstone Drive with the site build -out to provide pedestrian linkages. The transportation network does include phasing for the local street, by connecting Pendleton Drive to Coverstone Drive extended. The local network supports additional access to the adjacent Airport and provide alternative access to the existing employment uses adjacent to Arbor Court. The Pendleton Drive connection will not be completed until Phase 2 activities, so as not to overload the existing roads. Additionally, the applicant is preparing the signal justification for the proposed US Route 50/17/lnverlee Way/Coverstone Drive intersection. The study for the location is provided consistent with the previously approved proffers for the intersection and the current VDOT guidance to assess alternative intersection configurations for new signal locations. Previous approved proffers required signalization when warranted. The analysis is accelerated to verify geometry. The significant reduction in proposed site trips, the proposed commitment with the updated proffers to provide the ultimate R-O-W, and construction of Coverstone Drive from US Route 50/17 (Millwood Pike) to the existing segment of Coverstone Drive east of Prince Frederick Drive (Va. Route 781) will support the subject site with employment uses. 0 SEWAGE CONVEYANCE & WATER SUPPLY The proposed change in zoning of the property is expected to result in a reduction to overall impact to the water demand and the sanitary sewer discharge. This is a result of the change in use from the higher demands of planned residential use to the proposed light industrial development. Sanitary sewer service will be provided by Frederick Water via an existing 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick Water requirements to serve the entire site and enable gravity flow to the existing main (where possible). A pump station or grinder pumps may be required to serve the buildings proposed on the east side of the property. Water is currently served by a 12" water main which currently extends through the central portion of the site. This water main will be rerouted, as necessary, with the final engineering associated with the site development. This infrastructure will be expanded pursuant to Frederick Water requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. The proposed land uses have a maximum sanitary estimated flow of about 390,000 GPD based on +/- 277 acres of light industrial land use. A preliminary computation is as follows: Estimated Flow = Area * Estimated employees/acre * Flow/employee Estimated Flow = 277.22 acres * 40 employees/acre (per section 3.2.A of Frederick Water Standards and Specifications) * 35 gallons/employee (Table 3 of the SCAT Regulations 9VAC25-790-490) Estimated Flow = 388,108 GPD — 390,000 GPD Actual water and sewerage flows will be determined at the time of final site engineering. SITE DRAINAGE The rezoning of the subject property will not result in significant changes to the existing site drainage patterns. The site generally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that stormwater BMP's and dry ponds will be implemented to meet local, state and federal stormwater development requirements. Stormwater design along with erosion control practice will mitigate adverse stormwater discharge impacts. Design of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. SOLID WASTE DISPOSAL The rezoning of the subject property from residential to proposed light industrial uses will not result in an increase of solid waste and therefore will not adversely affect the County's disposal facilities. Solid waste from the project will be collected and deposited in the Frederick County landfill following via private carrier(s) contracted by the individual users. 7 HISTORICAL SITES AND STRUCTURES The Senseny/Eastern Frederick Land Use Plan does not identify the subject properties with any known historic sites or structures. The proposed rezoning will not create negative impacts associated with any historic resources and prior to approval of first site plan a Phase 1 Archaeological Investigation will be conducted. IMPACT ON COMMUNITY FACILFrIES The rezoning of the subject properties to the M1 and B2 districts will have a positive impact on the community by generating economic diversity though the creation of employment opportunities. This application will expand the commercial tax base while allowing for the continuation of a lower residential tax rate. In addition, this project would lessen the demands/impacts on County and community facilities such as schools and parks that would have been typically generated if the properties were to be developed under the current zoning. Impacts to the transportation network will be mitigated by the proffered transportation improvements as specified in the pending proffers. Any visual or nuisance impacts on the surrounding property are being taken into consideration. The property will be developed in a manner that is logical, efficient and minimizes land disturbance to greatest extent possible. Helping with the mitigation efforts, is a commitment to providing an additional 50' to the required full -distance buffer adjacent to Route 50. Tree save opportunities have been incorporated where possible. The combination of the additional buffer setback, landscape requirements and tree save together help to mitigate impacts on the Route 50 viewshed. To he completed bf- Planning SlajJ Fee Amount Paid $ G (N Zoning Amendmen Nu fiber �b'� �: Anticipated PC Hearing Date —le A :1t Date Received `� ploi Anticipated BOS Hearing Date �A o 3 12� REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: One Logistics Park, L.P. Specific Contact Person if Other than Above: Tom Boylan Address: c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400 Bethesda, MD 20814 Telephone: (301) 718-0800 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: t Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. La` firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Walsh, Colucci, Lubeley & Walsh, P.C. Specific Contact Person at Finn: J. Randall Minchew Address: 1 E. Market Street, Suite 300, Leesburg, VA 20176 Telephone: (571) 209-5777 Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): One Logistics Park Addition fo141-1UZ Me*zlqc,A 5. Property Information: a. Property Identification Number(s): 64 A 83B b. "Total acreage of the parcel(s): 3.16 Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 3.16 Acres (whole parcel) d. Current zoning designation(s) and acreage(s) in each designation: e. Proposed zoning designation(s) and acreage(s) in each designation: M1 f. Magisterial District(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1600 Millwood Pike, Winchester, VA 22602 h. Adjoining Properties: Parcel ID Number Use Zoning 64 A 83 Vacant (zoned industial) M1 Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. One Logistics Park, L.P., a Delaware Limited Partnership (Property Owner) TMG One Logistics Park GP, L.L.C., a Delaware Limited Liability Company (Sole General Partner of Property Owner LLC) Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning �0 Impact Analysis Statement t�l Proffer Statement (if any) 0 Agency Comments 0 Fee ❑✓ Copies of Deed(s) to Property(ies) ✓0 Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best $(ouir kr�owlcdge.Owner: Date/K�1S1 o .1c f� If signing on ehalf of an entity, please state name of entity and your title: Owner: n� Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 4 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sol general partner Page 15 By: Name. Gary E. Block Title: Chief Investments Officer and Designated Signatory ADJOINING PROPERTY OWNERS j Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameONE LOGISTICS PARK LP 3 BETHESDA METRO CENTER SUITE 1400 BETHESDA, MD 20814-6306 Property 1164 A 83 Name Property # Name Property It Name Property tt Name Property tt Name Property tl Name Properly # Name Property tt Name Property tt N or e : T � e P2v f � 6e ►�c z,�,��d �� � s 411 Si d� b� (9�c�S bwNed C� f'? e r � z� N e.� ry O•v �- LIP fc zo"'t� ��P2� ��,.. J vly 5 � .i "W/"t i-V e- I'L ii+l s I S �e (rs r of J � F/"� %` (�,•e La G �Sf j�S Pl�'zl� oars/,dk� re zetw,!^'�j J / Aloivc o � s ce.I s lag Mol.� �-�J o l/--r P &2 ADJOINING PROPERTY OWl" ERS i Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property identification Number Address Name Prince Frederick Group LC C/O James L Mcilvanine Jr. 6231 Leesburg Pike Ste 600 Falls Church, VA 22044 Property t164 A 89B Name Fredericktowne Group LC C/O Richard G. Dick 130 S Cameron St. Winchester, VA 22601 Property tt64 A 89 Name Frederick County Virginia 107 N Kent St. IWinchester, VA 22601 Property #64 A 87A Name Winchester Regional 491 Airport Rd Winchester, VA 22602 Property it64 A 79 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property /i 64 A 82 Name Campfield LLC 1112 E Piccadilly St. Winchester, VA 22601 Property#64 A 80 J Name Blue Ridge Industries P.O. Box 1847 Winchester, VA 22604 Property # 64 A 80 Q Name Main of Winchester LLC 1936 Millwood Pike Winchester, VA 22602 _ I Property it 64 A 80K r Name R G R LLC _ P.O. Box 2600 Winchester, VA 22604 Property ti 64 A 80 L _ _ 16 Name and Property Identification Number Name Winchester Industrial Park LLC Property #64 A 81 A Address 119 Arbor Ct Winchester, VA 22602 NarneWin chester Industrial Park LLC 119 Arbor Ct Winchester VA 22602 Property r/ 64 A 81 B Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 11600 Millwood Pike Winchester, VA 22602 P.O. Box 1877 Winchester, VA 22604 li l� it Property 4 64 A 81 Name Mearkle Charlie T Property #64 A 83 B Name Frederick County Sanitation Authority i -- i Property #64 A 83 C Nn,e SemP eles Helen J Trustee _ V�r-o'ro,ert'y it 6 4 A A 12 107 Roszel Rd Winchester, VA 22601 hristopher Brooks C/O John G Kaknis Narne Kaknis JohnE71 656 N Hayfield Rd Winchester, VA 22603 i I — Property 4 64A1 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 1[-;Property fl 64A 7 1 2 Douglas Allen 100 Stanley Dr. Winchester, VA 22602 100 Stanley Dr. Winchester, VA 22602 178 Grandview Ln. Clearbrook, VA 22624 178 Grandview Ln. Clearbrook, VA 22624 Eartley # 64A 7 1 3 Name Hartley Douglas Allen Property u64A 7 1 4 Name Cook Judy Belle Property 164A 7 1 5 ii Name Cook Judy Belle Property 64A 7 1 6 Name Cook Judy Belle — 178 Grandview Ln. Clearbrook, VA 22624 178 Grandview Ln. Clearbrook, VA 22624 Property # 64A 7 1 7 - Name Cook Judy Belle Property u64A 7 1 8 17 Name and Property Identification NumbeT- Address II NameRavenwing Homowners Assoc Inc 9990 Fairfax Blvd Ste 200 Fairfax, VA 22030 Property #64G 2 1 63A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 10A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 11 A Na�,eLambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 12A Name Spence Andrea L 1427 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 13 aicSpence Andrea L ,, NProperty # 64A 7 1 14 1427 Millwood Pike Winchester, VA 22602 Name Loy David W 1441 Millwood Pike Winchester, VA22602 rty #64A 7 1 15 PrLNanie�Ravenwing Homeowners Assoc 9990 Fairfax Blvd. Ste 2_00 Fairfax, VA 22030 rty # 64G 2 1 52A Name Richmond American Homes of VA Inc 12220 Sunrise Valley Dr. Reston, VA 20191 Property # 64A 1 17 Name Fisher Lloyd Est 813 N 18th St. Harrisburg, PA 17103 Property 964 A 1 16 IName Sweetwater Properties LLC 1581 Pine Hall Rd Mathews, VA 23109 — Property # 64 A 122 I I[a„e Shenadoah Valley Electric PO Box 236 Mt Crawford, VA 22841 Property #64 A 124A Na„ePerry Engineering Co Inc Property # 64 A 123 1945 Millwood Pike Winchester, VA 22602 -Name Perry Engineering Cc Inc Property # 64 A 123A j 1945 Millwood Pike Winchester, VA 22602 17 Ii Name and Property Identification Number I Address �I Name Perry Engineering Cc Inc 1945 Millwood Pike Winchester, VA 22602 Property1J64 A 124 j Name Palma Paul Gregory 5814 Borden Grant TO Raphine, VA 24472 ' I'roperty,i64 A 125 NameKennan Kelly Renee Property li 64 A 132 906 Hunting Ridge Rd Winchester, VA 22603 I [Naniel\lapoli LLC 345 W Reservoir Rd Woodstock, VA 22664 345 W Reservoir Rd Woodstock, VA 22664 Property rs 64 A 133 Name Napoli LLC Property # 64 A 134 Name Shillingburg Gary W 1761 Millwood Pike Winchester, VA 22602 Property 164 A 135 Namc Property 8, Name Property N II Property !1 ,, NI anic Property 9 II — — — — Fic i Nam e Ijj Property ' Name _ I, Property It I —_ i� Name _ --- it Properly # - 17 COG Special Limited Power of Attorney County of Frederick, Virginia = Frederick PlanningWebsite: ;vwwAva.us ✓4 Department of Planning &: Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: One Logistics Park, LP Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above If multiple persons own the property or are applicants, an executed powcr orattorney from each owner will he needed. c/o The Merldlan Group, 3 Bethesda Who Center, Suite 140D, Bethesda, MO 20014 (wl) 718-0000 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: do hereby make, constitute, and appoint: Gary E. Block Name o f Attorney -In -fact c/o The Meridian Group, 3 Belhesda Metro Center, Suite 1400, Bethesda, MD 20814 (301) 718-0800 Mailing Address of Altomey-In-Fact Telephone Number to act as my true and lawful attorney-iii-fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to rile and act oil my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Q✓ Rezoning Subdivision 8 Conditional Use Permit Site Plan Master Development Plan (prelim, or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it Is signed, or at such sooner time as I otherwise rescind o modify it. Signature , Title (if signing n behalf of an entity) _ part,- an(A. C,10 P. State of t (� Cr i' , County/City of RUA Wt t t To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signM the foregoing instrument personally appeared bfore me and has acknowledged the same before me in the jurisdiction aforesaid this _Olt n day of SIC 20 Z L'�i t,tltttit�� ' ����� GRq' 3'r,S ommission Expires: 12�� Nota y u tc �Q ssioq•^L�tration Number: cc�'o .O fi t�pTA'�L - m " 24, 0' 'y7>>Itlttll�,, �10 I t �' lick Count N", N Seth T. Thatcher, Commissioner of the Revenue C-111a11 R—:-: ('0111111 kNiONCY Of dle IZC% L-11LIC View M p Property Record Card ONE LOGISTICS PARK LP & C/O 64 Owner(s): MERIDIAN GROUP Account#: 8044630 Map#: A 83B Property Information ONE LOGISTICS PARK LP C/O MERIDIAN GROUP 3 BETHESDA METRO CENTER STE 1400 BETHESDA, MD 20814 6306 3.16 ACRES R4 $520,000 p(Zo� OV Ttrre-.,C f,41& TlaI Q 41 SI J nx S Real Estate_ Ticket Detail i PrevioUS 2021 REAL ESTATE Dept/Ticket# RE2021 / 265770001 Frequency 1 Supplement# 0 Name MEARKLE CHARLIE T Map# 64 A 83B Account# 8044630 Name 2 Bill Date 04/23/2021 Acreage 3.160 Address 1600 MILLWOOD PIKE Due Date 06/07/2021 Improvements S495,200.00 WINCHESTER VA Desc 3.16 ACRES Land Value $81,000.00 Land Use $0.00 Zip Z2602 4377 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 05/25/2021 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,757.41 ($1,757.41) $0.0c $0.00 $0.00 %00 - Transaction History Date Type Transaction# Amount Balance 4/23/2021 Charge 0 $1,757.41 $1,757.41 5/24/2021 Principal Paid 14726 ($1,757.41) $0.00 wooc 04 fkw PA(�- j ErcCG`IL►tlgme F-`teill'rk:k Coo--liv irfjinia i Pay/Lookup Taxes F •ru : F'.rnn:� PPrcpna- P:c,rw IV k i ;*, ).- o, i.-i;,"(w NJ ni,,r,nn (}+e, Fa,•.neias Shor:>Irgca-1(0' P n Dept/Ticket# RE2021 / 265770002 Name MEARKLE CHARLIE T Name Address 1600 MILLWOOD PIKE WINCHESTER VA Zip 22602 4377 Penalty Paid $0.00 Real Estate Ticket Detail Previous 2021 REAL ESTATE Frequency 2 Map# 64 A 83B Bill Date 04/23/2021 Due Date 12/06/2021 Desc 3.16 ACRES Supplement# 0 Account# 8044630 Acreage 3.160 Improvements $495,200.00 Land Value $81,000.00 Land Use $0.00 Minerals 10.00 Interest Paid $0.00 Last Transaction Date 11/15/2021 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,757.41 ($1,757.41) 140.00 $0.00 $0.00 $0.00 r Transaction History Date Type IYansactlon# Amount Balance 4/23/2021 Charge 0 $1,757.41 $1,757.41 11/15/2021 Principal Paid 14747 ($1,757.41) $0.00 3 i Previous Seth T. Thatcher, Commissioner of the Revenue r+� 4 -_ _� '_-.�i;Ai�'_t�_f4yr?�lt..1ii1.'•�.?S!it._4:�� iw p Property Record Card Owner(s): MEARKLE CHARLIE T Account#: 8044630 Map#: 64 A 83B Property Information Assessment Values Acreage Description Building Information Sketch Other Improvements Sales Information Transaction History MEARKLE CHARLIE T Owner : I delres.s 1600 MILLWOOD PIKE WINCHESTER, VA 22602 4377 Total LandArea 3.16 Acres Prrpart)- .4ddre%s 1600 MILLWOOD PIKE WINCHESTER, VA 22602 Generate Printer Friendly Version Legal Description(s) 3.16 ACRES Zoned R4 Prior ssessnrew $520,000 Mu;;i serial nistrict SHAWNEE lnsrrunrew # 19 0004569 Remurbs DETACHED GARG COMP ADJ BSMT 5/16 MR J 1 Aa Seth T. Thatcher, Commissioner of the Revenue r Peal Estate U' 's Y 5" View Map Property Record Card Owner(s): T EARKLE CHARLIE Account#: 8044630 Map#: 83B Sales Information DICK 5/15/2019 $525,000 19 0004569 DONNA I C Generate Printer Friendly Version 2:c1O(),7jJ Prepared by: Return to: Grantee's address Consideration: Assessment: Tax Lfap #: Title Insurer: data & 1lill PLC Andrew P. Hill, VSB No. 80474 Terra Nova Title & Settlement Services 1111 Connecticut Avenue NW, Suite 401 Washington, DC 20036 c;"o Meridian Group 3 Bethesda Metro Center, Suite 1400 Bethesda, Maryland 20814 $ 7 75.000.00 $576,200.00 64 A 83B First American Title Insurance Company THIS DEED OF BARGAIN AND SALE, made and dated this 28th day of February, 2022, by and between CHARLIE T. MEARKLE, hereinafter called the Grantor, and ONE LOGISTICS PARK, LP, a Delaware limited partnership, hereinafter called the Grantee, WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with general warrant} and English covenants of title, unto the Grantee, in fee simple, the following described realty, to -wit: All of that certain lot or parcel of land, together with improvements thereon and all rights and appurtenances thereunto belonging, situate, lying and being in Shawnee Magisterial District, Frederick County, Virginia, containing 3.161 acres, more or less, being more particularly described on plat of survey dated January 24, 2006 prepared by S. W. Marsh, L.S., entitled "Minor Subdivision of the Land of Richard G. Dick and Donna C. Dick, Deed Book 568, Page 769", which said plat is attached to and recorded with Deed of Subdivision dated February 3, 2006 ill the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 060002436; TOGETHER WITH and subject to that certain sixty foot (60') ingress and egress easement to U.S. 50 (previously erroneously referred to as Virginia State Route 50)/U.S. 17, Millwood Pike, and that certain fifteen foot (15') private sanitary sewer easement, as set forth in the aforesaid Deed of Subdivision and shown on the aforesaid plat of survey; AND BEING the same property conveyed to Charlie T. Mearkle from Donna C. Dick by Deed dated May 15, 2019, recorded May 17, 2019 in the aforesaid Clerk's e-: Office as Instrument No. 190004569. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property herein conveyed. This convevance is made subject to all easements, reservations, conditions, and restrictions of record, affecting the subject property. WITNESS the following signatures and seals: (SEAL) COMMONWEALTH OF VIRGINIA; CITY/COUNTY OF ( h C S-k r The foregoing instrument was acknowledged before me this day of z-h, LA ,. 2022) by Charlie T. Mearkle. My commission expires: My commission number: NOTARY PUBLIC APOr:F\^' PAUL HILL N01AF;f PUBLIC REGiSTrATIOri rY 765M73 CC YMC NVJEALTH OF VIRi ANIA k V CC.'. ISE Jr: DES AN —JAR" 31. 20% > _ 2 phis instrument of wnt:ng �%as produced to me on at and with thereto annexed admitt.L!d to 'Fax imposed by Sec. 58.1-802 of 01 have been paid, if assessable iwminl Clerk m Deeter Josh Ludwig; H. Paige Manuel; Elizabeth Kozel; Elizabeth Kozel )ject: Rezoning Approval letter achments: One Logistics Park ##03-22 Approval.doc od morning, !ase find attached the approval letter from Mr. Klein for the One Logistics Park rezoning. If you should have any estions, please contact Mr. Klein. m Deeter, nior Secretary pt. Planning & Development 7 N. Kent St. Suite 202 nchester, VA 22601 0-665-5651 ecTgr(( fcva.us Pa To Su At Gc PIE qu Pa Se De 10 W 54 pc Pam Deeter From: Microsoft Outlook To: Paige Manuel Sent: Friday, July 15, 2022 10:27 AM Subject: Relayed: Rezoning Approval letter Delivery to these recipients or groups is complete, bUt 110 delivery notification was sent by the destination server: Paige U� nuel_niiii)ii('l%t)coriicast.l"let) Subject: Rezoning Approval letter Pam Deeter From: Microsoft Outlook <MicrosoftExchange329e71ec88ae461 Sbbc36ab6ce41109e@shockeycompanies.onmicr osoft.com> To: Elizabeth Kozel Sent: Friday, July 15, 2022 10:27 AM Subject: Delivered: Rezoning Approval letter You►• mess�icge Itas been delivered to the following recipients: Elizab th Kozel (ekozel(a:l»wardsliocl(ey,com) Subject: Rezoning Approval letter Pam Deeter From: Microsoft Outlook To: elizabethruckman@gmail.com Sent: Friday, July 15, 2022 10:27 AM Subject: Relayed: Rezoning Approval letter Delivery to these recipients or groups is complete, hLit no delivery notification was sent by the destination server: elizabelhruckm�3n(ci)(imail.com_(elizal)ethrLicl<nian(C>>)c mail.coliI Subject: Rezoning Approval letter Pam Deeter From: Microsoft Outlook To: Josh Ludwig Sent: Friday, July 15, 2022 10:27 AM Subject: Delivered: Rezoning Approval letter Your message has been delivered to the following rcripients: Josh__�,UC�WIg�OSII.IUl�4VICj(c�)fCVl,U5) Subject: Rezoning Approval letter �a Gordon To J. Randall Minchew Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street Suite 300 Leesburg, Virginia 20176 ❑County No./❑Town No. Date May 9, 2022 MAY 2 <022 Shipped Via FedEx Project Name One Logistics - Mearkle Property Rezbaf W-RICK COUNTY SupportPl.ANNING AND DEVELOPMENT Project No. 3088-0603/Phase No. Subject Zoning Plans From Peter Lazarevich, PE We are sending you ® Print(s) ❑ Correspondence(s) ❑Electronic Media ❑ Originals ❑ Submission ❑ 1s' ❑ 2"d ❑ 3,d ❑ Other Copies Date Description 1 Zoning Plans These are transmitted ® For your use ❑ As requested ❑ For approval ❑ For review and comment ❑Other Comments Signature of Recei cc: G:1p,.Joct4xlmin%300810003Z-Tf..-,,ttnlsU022.05.00_J R—J.11 l.liixhvv_WnI:Ji C.1—i Luboloy and Wnlch doc Date www.gordon.us.com PROGRAMMING AND PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE SURVEY AND MAPPING CHANTILLY: 4501 Daly Drive, Suite 200, Chantilly, VA 20151 — Phone: (703) 263-1900 SECURITY CONSULTING LOCATION MAP NOTES: 1 MOM MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING. INCLUDING BUT NOT LOTTED TO LAND BAY WGRESSIE GRESS AND INTERSECTION ALIGNMENTS. MUST MEET THE INTENT OF THE PROFFERS FREDERICK COUNTY AND VDOT APPROVAL Z THE LAND BAY ACCESS PO4NTS ARE SUBJECT TO FINAL APPROVAL I COORDMATgN WITH VDOT AND ARE SHOWN ON THIS PL. AN IOR GRAPHIC PURPOSES DAILY FLOODPLAIN LIMITS (TYP) \ 1. NAP-N0. 64-10-7 Nm 010000080' ZONED 92 LIMITS OF APPROVED RZ# 01-21 (TYP.) C8, .,3 P(: 30 DB. 800 PG. 1693 IMSTR. /070015617 I/ ZONED: RA l ✓ 100' INA�T LANDSCAPE 4-111 EXISTING ROAD EFFI IENCY BUFFER POND (PER APPROVED RZ# 0 1 -2 1) TREE SAVE 150' INACTIVE LANDSCAPE AREA (TYP.) ROAD EFFICIENCY SUFFER (PER APPROVED " 01-21) APPROX LAND BAY LIMITS (TYP ) TO MAP UD.' 6!-A-89 `r De 81 M 1059 ZONED 82 LAND BAY NUMBER (TYP,) 1 TO MAP NO. 6.-A-S9B DR INU PG. 10.7 ZONED B2 V TO IMF Fv M-A-6x WSTR #20=1009 ZONED RI I EX. MILLWOOD PIKE - US ROUTE 50f 17 ' a 1 TREE SAVE EXISTING AREA (TYP.) 62 ' _ = R nj�" ' t f� 100' INACTIVE LANDSCAPE ;11 S,ENERAL BUSINESS (f J \ROAD EFFICIENCY BUFFER r ? , , , • DISTRICT (PER APPROVED RZ# 01-21) � :. � ` (±12.5 AC) LIMITS OF \ °s ry fD APPLICATION • G 1 N�?1 (TYP.) \ \ PROPOSED \ LAND BAY \ \ M1 - LIGHT INDUSTRIAL DISTRICT NUMBER . (t3.16 AC) (TYP 1 LIMITS OF \ • ` \ APPROVED RZ# 01-21 Z \ (TOP.) ",,MAP N0. 64-4-63 Z071\ SN10ND III �' PHASE B \ \ � ` APPROX. LAND BAY \ i145.71 AC \ LIMITS (TYP.) \ , TREE SAVE 1 { - AREA (TYP.) COVERSTONE 1PRIVE \ \ r (PER APPROVED RZ# 01,-: 1) EXISTING ` 1 M1 - LIGHT INDUSTRIAL DISTRICT (3264.72 AC) Im YM MD 61-A-81A DB 517. PC 506 ZONED NI 1. MAP NO 64-A-601, DO 536. PG fib ZONED NI TO IMP NO 64+MAN ISM 07002103.7 ZONED M1 PHASE A t 134.67 AC / PENDLETON DRIVE C (PER APPROVED RZ# y AP NN x-. SIX: \ 11 01-21) / De 7ewm III LIMITS OF APPROVED RZ# 01-21 0 (TYP.) \ / L TO NAF M-A-82 F _ wsm /OyA701977 to NAP NG 64-A-60,; l ZONED NA ZONED YT 10' SHARED USE TRAIL J A 1 (PER APPROVED RZ# 01-21) • — — �• TREE SAVE ,Q • h4 AREA(TYP.)\ Too o we tr' goo we GENERALIZED DEVELOPMENT PLAN 03.1 5.2022 )N 3088-0103 G'1PROJECTIPLANN3088'A107\EXHIBITSD6 - REZONING APPLICATION EXHIBITS13088-0201 L GDP PR_RZ_MEARKLE DWG ORAPMAL SCALE. r --- -- — �1 . Y n TA, YAPX' WrN-%9 i 0B. 659 PG 1�--` - QQj6'J97175 \ x" DB. 800 PG 1691 .,' i � f f �F ; DB SYOJti' t"3 I X N5'Z ONED: RN0700t58A'] FUTURE AIRPORT EXPANSION Zr---��-- _YVINCHESTER REGIONAIL AI&CRT FUTURE AIRPORT EXPANSION InEA�- E -f --I11 A -- ONE LOGISTICS PARK WINCHESTER 4501 Daly DIlVe 'RL RANWINCAN:)PLANNING Chantilly, 26 -190 ANDIIIPEARVII HIT dry Gordon NG Phone. 703 263-1900 u1NDSLAPE ARCHITECTURE SURVEY AND MAPPING wwwgordonuscom ACUPottCONSULTING LOCATION MAP NOTES: 1 MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING. INCLUDING BUT NOT LIMITED TO LAND RAY INGRESSIEGRESS AND INTERSECTION ALIGNMENTS, MUST MEET THE INTENT OF THE PROFFERS FREDERICK COUNTY AND VDOT APPROVAL 2 THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL I COORDINATION VRTH VDOT AND ARE SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY FLOODPLAIN \\ LIMITS (TYP.) TAIL MAP NO 64-10-3 NSIR 110000005 ZONED. 62 TM YAP NO 64 -A-63C NSm 0200001089 ZONED 04 — -- --- -- EX. AIILLW00D PIKE - US ROUTE mll 50/17 __ his RO�'/� � —"._i -- TREE SAVE / / EXISTING AREA (TYP.) a -T�► ` 62 - �-f100' INACTIVE LANDSCAPE 1M ry NO 6,-A-61 / i ENERAL BUSINESS \ROAD EFFICIENCY BUFFER 6rsR pla-1 �\\ 20N1CD YNI DISTRICT ' ' . • PER APPROVED RZ# 01.21) TO YAP NO 64-A-89 ITS 602. FG, 1059 ZONED 82 V ,ter✓ "' 100' INACTIVE LANDSCAPE �(t12.5 AC) ►`�1 LIMITS OF r' EXISTING ROAD EFFICIENCY BUFFER 3Y 1g DEP^d APPLICATION \ POND (PER APPROVED RZ# 0 1 -2 1) ; (TYP.) TREE SAVE 150' INACTIVE LANDSCAPE • AREA (TYP.) ROAD EFFICIENCY SUFFER v PROPOSED \ LAND BAY (PER APPROVED RZ# 01.21) \ M1 - LIGHT INDUSTRIAL DISTRICT NUMBER \ \ • \ (33 16 AC) (TYP.) LIMITS OF \ 1 • %\� \` APPROVED RZ# 01-21 ` TO YV NO M-A-6; \ APPROX. LAND BAY ISNIR 2D212D9x LIMITS (TYP.) \\ • ZONED Yt PHASE B APPROX. LAND BAY t145. 11 AC LIMITS (TYP.) \ \ \ 1 \ TREE SAVE .\ AREA (TYP.) Y LAND BAY COVERSTONE DRIVE NUMBER (PER APPROVED RZ# 01,-71) (TYP.) EXISTING M1 LIGHT INDUSTRIAL DISTRICT I (t264.72 AC) I \�r PHASE A t 134.67 AC I / y- PENDLETON DRIVE I • \ I J' (PER APPROVED RZ# Y 01-21) / a RZA 01-21 • - - - ��) TO kw M-A-e2 TO MAP NO W-A-51A DB 517. PC 506 ZONED Yt 1. "1' No 6F-A-601. OB. 536. PG. 706 ZOAED Y1 10 IMP NO 64-.-ea SINNING 02002205J ZONED III TO YAP NO M-A-DA7 06 757, PG Iln ]aED III 1 ` 7 Z 61511ED p7DWi91) N-A-BIN \ 0RA 7'NED Yf 10' SHARED 'AI NAM TIC/ • J 1 ` 1 USE TRAIL � \\ (PER APPROVED RZ# 01-21) F - • - - � - - - - - — -' fir• TREE sn / • ' t AREA (TYP.) God m o am c c 0 LIMITS OF APPROVED RZ# 0 1 -2117 (TYP.) `x TO NAP NO 64-A-67A NSTR /060006061 TO MAP NO. -79 -NSTR. /07DOO9A51 DB. 659 PG I TAx MAP NO 64-A-86 I ZONED RA OB, 600 PG 1693 D.B A23 PC. 30 1 "�R �p10°1�17 FUTURE AIRPORT EXPANSION DR. 900 PG. 1693 ZONCD. RA INSTR. #070015517 ZONCD RA ( I00-' r(un -- - — rrnn— � _ - - TO MAP 40 64-A-6% OB 602. PG. IG47 ZONED 62 GENERALIZED DEVELOPMENT PLAN 03.15,2022 JN 3088-0103 G'WROJECTIYLANN13W�0103. LXHIBITS'06 - REZONING APPLICATION E%HIBITS13066-0201-L-GDP PR RZ_MEARKLE DWG Lis 114G1 NESTER REQONAL AIRPORT ORAPMAL SCALE r • 21W ONE LOGISTICS PARK WI NCH ESTER 4501 Daly Drive PROGRAMMING AND PLANNING Chantilly, 26 20151 CIVIL LANDSCNEI APE 1 Gordon Phone 703-263-1900 uNDscAPf ARCHITECTURE x SURVEY AND MAPPING wwwgordon.us.com SECURITY CONSULTING J LOCATION MAP NOTES: 1. MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENO/EERINO. INCUIDNG BUT MOT LINKED TO LAM BAY WGRESWEGRESS AND INTERSECTION ALl01IIIIIENTS. MMtAiT MEET THE NTENT OF THE PROFFERS, FREDEII COUNTY AND VDOT APPROVAL 2. THE LAND BAY ACCESS POINTS ARE SLLBJECT TO FINAL APPROVAL I COOMIDRIATION WRHI VOOT AND ARE MOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY. TAX MAP NO 64-10-3 NSTR 0100006605 ZOEO: 112 LIMITS OF APPROVED RZ# 01-21 (TYP.) TAX MAP NO 64-A-88 D.B. 423 M 30 DTI. 900 PC. 1693 IN57R J070015517 ZONEDRA FLOODPLAIN LIMITS (TYP.) roNfn e: NO, 64-X-69B ie W2. PG. IW] ZONED 62 0 RST TAX YAP NO, 64-A-87A INSTR. fO60DD6061 MSTR. 1070009A51 ZONED RA V IY WP NO 64-A-GX NSTR 0200001ON 7nNED R.— - EXISTING B2 ENERAL BUSINI T f11CTRICT 100' INACTIVE LANDSCAPE (312.5 AC) EXISTING ROAD EFFI IEN BUFFER "M POND (PER APPROVED 01-21) TREE SAVE 150' INACTIVE LANDSCAPE 1 ` i • Or --7 EX. MILLWOOD PIKE - US ROUTE - 50/17 - /[I/ TREE SAVE �.. ` AREA (TYP.) \ 100' INACTIVE LANDSCAPE AX SAP "° W-•-61 ROAD EFFICIENCY BUFFER " �010.1 \ \ 2DU14D W I ­111.11.. \(PER APPROVED RZ# 01.21) LIMITS OF \ APPLICATION \\ (TYP.) AREA (TYP.) ROAD EFFICIENCY SUFFER 1 PROPOSED \ LAND BAY (PER APPROVED " 01-21) \ \ t M1 -LIGHT INDUSTRIAL DISTRICT NUMBER tt (13.16AC) \ (TYP.) ` Iu NAP NO 64 APPROX. LAND BAY ` rsNrZ DIII 6 LIMITS (TYP) \ � �� ZONED, III t TREE SAVE AREA (TYP.) LAND BAY COVERSTONEPRIVE \ NUMBER (PER APPROVED RZ# 01,-21) L; (TYP) f��t EXISTING M1 - LIGHT INDUSTRIAL DISTRICT \� (t264.72 AC) PHASE A :6 34. 77 AC _ LIMITS OF \ APPROVED RZ# 01-21 (TYP.) PHASE B \ APPROX LAND BAY t145. 11 AC I \ LIMITS (TYP.) r 8 1 � 1 l 1 , 1 / 1 / IT • PENDLETON DRIVE I (PER APPROVED RZ# 01-21) LIMITS Ol� APPROVE RZ# 01-21- 1 10' SHARED 40 ` USE TRAIL - 1 (PER APPROVED RZ# 01-21) r TREE SA 111 &-&­AILdL-&-AL.Alk ��--dL•jell— + AREA [TYP GENERALIZED DEVELOPMENT PLAN L-44— h6 x X . X IAY.WP\X DIT 659 FG I DO. SOO FG. 1693 "STZO ED001a,56'] FUTURE AIRPORT EXPANSION - t<„A LM unn I41 - - - - HES TAX NNP NO 64-4-°IA DB 517• PG 506 ZONED III I" NAP n0 64-A-1101. DB 51m, PC. 708 ZONED Y1 I" MAP w 64-A-SON - 15NTR 0=2053 ZONED III TAX kW NO 64-A-S00 00 787. PC 1122 '(MD YI TAIT MAP 6A-A-82 msm ph3001977 ZONED, RA J Tu WP ND W-A-617 ZONED III • n� o0 o Eoo �` 400 ORAPHCAL SCALE- r ---- �--------- �\ I I 1C I X IAg . 664 A-79 `x • r ' r ) ' DEN 175 S f64J FUTURE AIRPORT EXPANSION 35 R RI✓FxdONAL AIRPORT,— - -- rnFn ONE LOGISTICS PARK WINCHESTER 4501 Daly Drive PROGRAMMING ANDPIANNING 03.15.2022 Chan illy, 26 -190 INGINEFRING J Gordon Phone: 703-263-1900 SURVEYAN MAPPING IN 3088-0103 SURVEY AND MAPPING G IPROJECTIPLANtfJ08810103tEXHIBITSID6 REZONING APPLICATION EXHIBIT1513088-0201 L GDP PR RZ MEARKLE DWG WWW.9Ordon.LIS.COm SECURITY CONSULTING LOCATION MAP NOTES. I MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING INCLUDING BUT NOT LIMIT[D TO LAND BAY NIGRESSIEGRESS AND INTERSECTION ALIGNMENTS MUST MEET THE INTENT OF THE PROFFERS FREDERICK COUNTY AND VDOT APPROVAL 2 THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL I COOROINATIONI WITH VDOT AND ARE 5HO" ON THIS PLAN FOR GRAPHIC PURPOSES ONLY J \ \ \ FLOODPLAIN LIMITS (TYP.) Tu MAP NO. 61-10-3 NSM #10000511 ZONED. e2 LIMITS OF __/ APPROVED RZ# 01-21 (TYP.) TAX MAP NO 61 A 88 . D.B. II3 PG. 30 08. am PG. 169] INSTR #070015617 ZONED RA T4 MAP ii 64-1-M DB 11i PG 1059 70-M 82 T„ NA69e P NO 64-A-De. 802. PG, ID47 ZONED. 82 TAN N0. SA A-67A INSTR. j060006061 NSTR. 1070DO9451 ZONED: RI A ---If Ct�r EX. MILLWOOD PIKE - US ROUTE 50/ 17 us EXISTING B2 -000 ENERAL BUSINESS1(0 DISTRICT `F 5 .t,.�.0 .. -\=IL.SHI.) EXISTING ROAD EFFI SSIEN BUFFER POND (PER APPRVEDMN 01-21) TREE SAVE 150' INACTIVE LAN�rF PE i • / AREA (TYP.) ROAD EFFICIENCYER (PER APPROVED1-21)\ \ \ APPROX. LAND BAY \ \ LIMITS (TYP ) \ TREE SAVE AREA (TYP.) }100' INACTIVE LANDSCAPE i \ROAD EFFICIENCY BUFFER (PER APPROVED RZ# 01-21) i \ LIMITS OF \ �5 APPLICATION \ (TYP.) PROPOSED \ LAND BAY M1 - LIGHT INDUSTRIAL DISTRICT \ NUMBER (t3.16 AC) \ (TYP.) LIMITS OF \ APPROVED RZ# 01-21 \ (TYP.) TM MW NO 6I A " \ 15NI11. 2021209-A ZONED III PHASE B \ APPROX. LAND BAY ±145.71 AC \ LIMITS (TYP.) TREE SAVE 1 — — C \ AREA (TYP.) \ LAND BAY COVERSTONE DRIVE ` \• ;', r \ \ NUMBER (PER APPROVED RZ# 01-71) \ $ � EXISTING ` \ M1 - LIGHT INDUSTRIAL DISTRICT \ (t264.72 AC) \ \ i \ t 134.67 AC \ LIMITS OR APPROVED RZ# 01-21 \ • (TYP.) \ 10' SHARED USE TRAIL (PER APPROVED RZ# 01-21) GENERALIZED DEVELOPMENT PLAN 03.15.2022 JN 3088-0103 G-WROJECTIPLANM30BBV11031EXHIBITSll06 - REZONING APPLICATION EXHIBITS13(ft 0201 L GDP PR RZ MEARKLE DWG PENDLETON DRIVE (PER APPROVED RZ# 1� 01-21) / • - - - - - ' r• TREE SAVE • *A �h AREA (TYP III'l! 1 IIIIII Illlll i M ____- i LLY! I `X 18 "x 10 MAP NO_ 62A..79 1 DB. 6-PG �'i •` �' ``. ' i DB. BOO PG 1693 N57ZONNI RA ] FUTURE AIRPORT EXPANSION rC*A-- ` ---torn—)_—TIN 4) - - -- r INQHESTER FZE�ONAL Al F�PORT tAX YNP 611-A-Q2 IM YAP NJ 6I-A-81 MmO0,6'M ZONED TAR MAP No SI-A-81A OB 5". PG 506 ZONED. YI N NO 64-A-110L C8. SUL PC 7D13 ZONED YI IAA IMP NO 61-A-A7• 6TITR. 020022053 ZONED M7 To MAP NJ "—ON DB 797, ING 1172 ZONED M1 11 /070001977 ZONED RI Im MAP NO 64-A-NUJ ZONED ul FUTURE AIRPORT EXPANSION ---- --- TL'IA GRAPMAL SCALE• P - - I -- p —n7rn ONE LOGISTICS PARK WINCHESTER 4501 Daly Drive PROGRAMMING AND PLANNwI, Chantilly, VA 20151 CIVIL ENGINEERING Gordon Phone: 703-263-1900 LANDSCAPE ARCHITECTURE SURVEY AND MAPPING YV\VW.D30rdOn.US. COm SECURITY CONSULTING BRYAN & COLEMAN, P.L.C. ATTORNEYS AT LAW 116 SOUTH BRADDOCK STREET WINCIIESTER, VIRGINIA 22601 TELEPIIONE: (540) 545-4130 PAX: (540) 545-41:31 MICHAEL L. BRYAN, ESQUIRE June 15, 2022 J. Randall Minchew, Esquire Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street Suite 300 Leesburg, VA 20176 Re: One Logistics Park Deed Of Easement And Restrictions Dear Randy: EA4AII,: mbryarl@iiiicliaelbyanlat%:com Please find enclosed the proposed Deed Of Easement And Restrictions for the 3.161 acre parcel recently acquired by One Logistics Park. Please have this instrument signed and return to me at your earliest opportunity. I will obtain the signature by the Airport and record the Deed of Easement among the land records. A recorded copy will be forwarded to you for your file as well. Thank you. •uly yours, 6 Michael L. Bryan MLB/smb /Ensureick Sabo, Executive Director THIS DEED OF EASEMENT AND RESTRICTIONS is made this 15t.4day of J L)V\ -e- 2022, by and between ONE LOGISTICS PARK L.P., a Delaware limited partnership ("Grantor"), and WINCHESTER REGIONAL AIRPORT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Grantee"), RECITALS: A. The Grantee Is the owner of the Winchester Regional Airport ("Airport"), located within Frederick County, Virginia; B. The Grantor owns fee simple title to that certain tract of land containing 3.161 acres, more or less, known as Frederick County, Virginia Tax Map Parcel #64-A-8313 (the "Property"), as such Property is more particularly described on Exhibit A attached hereto and made a part hereof described below; C. The zoning ordinance of the County of Frederick requires an avigation easement for any properties that are subdivided that lie within or in close proximity to the airport support area as shown In the zoning regulations of the County; and D. The current elevation of the horizontal surface of the Property is 871' MSL. E. The parties desire to set out the rights and responsibilities of each related to the Winchester Regional Airport. WITNESSETH: THAT for and In consideration of the mutual benefits to the parties hereto, the Grantor does hereby grant to the Grantee a permanent avigation easement, subject to the terms and conditions set forth herein below, and in accordance with the regulations pursuant to Title 14, Code of Federal Regulations Part 77, or any applicable successor regulations, to wit: 1. THAT the Grantor, for Itself, its heirs, successors and assigns, hereby grants unto Grantee for the benefit of the public in the use and operation of the Airport, a right of the public and specifically, without limitation of owners, operators and occupants of aircraft to use the airspace over the Property and for all said persons and entities to cause in the navigable airspace above the Property such light, sound, noise, smoke, and vibration as may be inherent In or related to the operation of aircraft using said airspace for landing at, taking off from, flying over or otherwise operating at or about the Airport: and 2. THAT Grantor, for itself, its heirs, successors and assigns, and for the benefit of the public in the use and operation of the Airport and the airspace above the airport, covenants and agrees that it will not use the Property, or permit any use of the Property, In a manner that would constitute an obstruction to the passage of aircraft using the navigable airspace above the Property for landing at, taking off from or otherwise operating at or about the Airport, and that they will not use the Property, or permit any use of the Property, In a manner, Including casting of light Into the airspace above the Property, which would present a hazard to any aircraft using the navigable airspace above the Property for landing at, taking off from, or otherwise Operating at or about the Airport. a. For the purpose of this restriction "object" including any mobile object, shall mean any natural growth, any terrain; any permanent or temporary construction or alteration of any structure, Including equipment or materials used therein; any apparatus of a permanent or temporary character; and alteration of any permanent or temporary existing structure by a change In Its height (Including appurtenances) or lateral dimensions, including equipment or materials used therein. b. For the purpose of this restriction, "structure" shall mean any object, including a mobile object, constructed or erected by man, including but not limited to; buildings, towers, communications towers, radio and television antennae, cranes, smokestacks, earth formations, overhead transmission lines, flag poles and ship masts. C. For the purpose of this restriction, 'obstruction" shall mean any existing object or structure, any future object or structure, including a mobile object or structure, if such object or structure is of greater height than any of the following heights or surfaces: 1. The Horizontal Surface described herein, or any imaginary surface of the Airport that may be applicable to the Property, as established by the Title 14, Code of Federal Regulations Part 77, or any applicable successor regulations; il. Any other heights or surfaces established as standards for determining obstructions by the Title 14, Code of Federal Regulations Part 77, or any applicable successor regulations, or any Virginia Department of Aviation airport licensing requirement as such standards may apply to the Property; and 3. THAT Grantor for itself, its heirs, successors and assigns, covenants and agrees with the Grantee that for the benefit of the public In the use and operation of the Airport, they will not hereafter establish, construct, erect or grow, or permit the establishment. construction, erection or growth of, any structure or vegetation, whether natural or man-made, which would penetrate Into or through the Horizontal Surface described herein, or any Airport Imaginary surface, clear zone, runway protection zone, approach zone, obstruction clearance surface, obstruction clearance zone, or any other surface or zone (as such zones or surfaces may currently or hereafter be defined by applicable regulations of the Federal Aviation Administration and/or the Virglnla Department of Aviation, and as such zones or surfaces may be made applicable to the Property by such regulations and as such zones or surfaces are shown on the documents of the Grantee). Grantor and Grantee agree on behalf of themselves, their successors and assigns that a structure erected In such zone or surface pursuant to, and In accordance with, a permit issued by the Virginia Board of Aviation pursuant to Section 5.1-25.1 of the Virginia Code, 1950, as amended or any applicable successor statute, shall not violate this restriction. THE GRANTEE TO HAVE AND TO HOLD such easement and all rights appertaining thereto under the Grantee, its successors and assigns, with the understanding and agreement that the covenants, restrictions and agreements set forth herein shall be binding upon the heirs, administrators, executors; successors In Interest and assigns of the Grantee and Grantor, and that these covenants and agreements shall run with the land, unless and until the Airport is abandoned or ceases to be used as an airport. In the event the, Airport is abandoned or ceases to be used as an airport this easement shall automatically terminate, and title to the Property, unencumbered by this easement and the restrictions set forth herein, shall automatically revert to the Grantor or its successors In interest, as applicable, without the need of any further action by the parties or their successors. THIS DEED IS EXEMPT from the state recordation taxes imposed by Virginia Code §58.1-801, pursuant to Virginia Code §58.1-811(A)(3). WITNESS the following signatures and seals: ONE LOG TICS PARK L.P. By: Namc: Gary Block (Seal) Title:ftkrky) f K C 0 Commonwealth of Virginia County of Frederick, to wit: X%%j11111j,, 5�QN�s ioACF� Befor me, a Notary Public on this i day of J n , 2022, appeared ; ��; �� NA•o� 0 U� who acknowledged his / her sigrca� foregoing easement, dated AV) Q , l °`, 2022. = AC) N - o My commission expires: 2 (� Z� ��'••. E 24 . Not ry Public WINCHESTER REGIONAL AIRPORT AUTHORITY By: (Seal) Nicholas Sabo, Executive Director Commonwealth of Virginia County of Frederick, to wit: Before me, a Notary Public on this day of , 2022, appeared Nicholas Sabo as Executive Director of the Winchester Regional Airport Authority who acknowledged his signature to the foregoing easement, dated , 2022, My commission expires: Notary Public 4f ZIII c p 1600 Millwood Pike. win( ti-e22602 Google SU//,hUr S n L,1 c �� � i..f' •gyp ! ,•� � -� '� t' �:. �� •� - � < *: r. ; _'�. {, .,.`• - _ �._ emu, f t^ ''Yt�t - � t I - - J • • �.J �'.� � w;;P. Rom.. i�` • '•i. '''-K-Rpm � _�3.;�.: S ♦ ,• } �'� � � • it �• 44 ���^ � �^mot. • � _ � ` f F� ;�5r .r;9Si,•'i 4 1•1� I i _ ., -� �r �•` - � ,•,:.;,�;.�•:��:-- �� ���� .fir � -r;� ,-• t�!•a �_ � � •, it v".J����"1''s'��,'; .4 � R'�.,,����__'?'L1 ���1�,'r '-�/�t' - I t :a• ,.���a�li�, REZONING PROFFER STATEMENT REZONING: RZ #03-22: R4 (Residential Planned Community District to M-1 (Light Industrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83B (Hereinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (Hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 AMENDMENTS June 9, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("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 that is in effect on the day upon which the Frederick County Board of County Supervisors (the "Board") grants the rezoning. 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 tenant "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William H. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1, LAND USE 1.1. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. Page 1 of 8 2. TRANSPORTATION 2.1. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Coverstonc Drive as an urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right-of-way in accord with the phasing schedule referenced below. Prior to the commencement of the Phase 1 improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond documents approved by the County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase h shall consist of the full urban four -lane divided collector road section, including a ten -fool shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase 1, the Owners shall seek VDOT permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing Millwood Pike crossover previously used for access to tine golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing Page 2 of 8 Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 1 or 2 and no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, following completion of the Phase 1 construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points on Coverstone Drive south of these Phase 1 improvements are proposed, the continued southward construction of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstonc Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FHWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays 1 and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstonc Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel Page 3 of 8 identified as TM 64-A-8313. The Owners shall maintain an access casement for this residential driveway until such time as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2.6.1: Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual Zell turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit 1 hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Page 4 of 8 Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to detennine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary easements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors. The construction cost estimate shall be subject to review and approval by the County. This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.L. Trip Generation Manual for any non-residential use. Detenuination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. Page 5 of 8 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pcdestrian-bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the southeast side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURE APPEAR ON THE FOLLOWING PAGES Page 6 of 8 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chief Investments Officer and designated signatory STATE OF KRNr COUNTY/CITY OF b 0 (i to -wit: The foregoing Proffer Statement was acknowledged before me this I fN day of , 2022, by Gary E. Block, who acknowledged that he executed the foregoing Proffer Statement with the full power and authority to do so. tary PUbli My Commission Expires: 1 �"1 l 2 S7 Notary Registration # Page 7 of 8 Exhibit 1 VDOT Traffic Signalization Agreement Page 8 of 8 Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of an Off -site Traffic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 and Rezoning Application #03-22 on the south side of Millwood Pike (Route 50) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 and Rezoning Application #03-22 approvals and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of 1 occupancy for new construction that yields 1,600,00o square feet of new development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph i, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the 2 Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. Notwithstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (t00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE 3 Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chieflnuestments Officer and designated signatory Virginia Department of Transportation Address: Residency Administrator 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: One Logistics Park, LP Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814 (301) 718.0800 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 64-A-83B do hereby make, constitute, and appoint: Gary E. Block Name of Attorney -In -Fact c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814 Mailing Address of Attomey-In-Fact (301)718-0800 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Z✓ Rezoning Subdivision Conditional Use Permit Site Plan e Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind o modify it. Signature Title (if signting behallfofanentity) P(aCtnfC i Ck\'1SeF LYIVQ{�hMYPJnA 066CCR p State of {"1� M Iall �� , County/City of ��)�� I (%i li��� {i �'� —,To wit: I �t l `) (L, V� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in, he jurisdiction aforesaid this Q f" day of VIM) , 2 02- ,�Z GRgC�%Commission Expires: Nota Y Public ``��Q;.•�saioN .F- stration Number: m 24, 0 I11R 111•(OW\`\`` ar; �. PRO.FFER STATEMENT REZONING: RZ # : R4 (Residential Planned Community District to M-I (Light Industrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83 (Hereinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (Hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("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 that is in effect on the day upon which the Frederick County Board of County Supervisors (the "Board") grants the rezoning. 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 "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William I-l. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1. LAND USE l.l. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 1 of 8 2. TRANSPORTATION 2.1. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Covcrstone Drive as an urban fOLu--lane divided collector road with turn lanes as warranted within an approximate 102' right-of-way in accord with the phasing schedule referenced below. Prior to the commencement of the Phase I improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Covet -stone Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond documents approved by the County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE l: Phase 1 shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase I improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase I, the Owners shall seek VDOT permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing Millwood Pike crossover previously used for access to the golf course concurrent with Phase i improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. "Phis two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 2 of 8 Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays I or 2 and no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet, This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Covcrstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, following completion of the Phase I construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points'on Coverstone Drive south of these Phase I improvements are proposed, the continued southward construction of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the Construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FHWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays 1 and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 3 of 8 identified as TM 64-A-83B. The Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2.6.1: Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Covcrstone Drive and shall be completed coincident with the Coverstonc Drive construction described in Proffer 2.2, Phase I, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual left turns to Coverstone, Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VD01' approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit I hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4.12-2002 000721000096)Page 4 Of 8 signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by V DOT at that time, the Owners will provide a cash contribution in the amount Two Hundred "Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the COrlSL11l1Cr' Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary casements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board Of Supervisors. The construction cost estimate shall be subject to review and approval by the County. This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.C. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4.12-2002 000721 000096)Page 5 Of 8 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided, A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4, FiRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (1184, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURES APPEAR ON THE FOLLOWING PAGES (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 6 Of 8 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: 6ary E. Block Title: Chief Investments Officer and designated signatory STATE OF t,,A (l I iA COUNTY/CITY OF 0 ii 0 M QQ to -wit: The foregoing Proffer Statement was acknowledged before me this G fq, day of Ka , 2022, by Gary E. Block, who acknowledged that he executed the foregoing Proffer Statement with the full power and authority to do so. My Commission Expires Notary Registration # �l2ylz�� otary P fL0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 7 of 8 Exhibit 1 VDOT Traffic Signalization Agreement (1.0281690.1DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 8 Of 8 5/9/22, 4:01 PM FedEx Ship Manager - Print Your Label(s) N5 � —4 -4 rn 00 O W a) rn 4 0 a Z v a X v O E M X Z —I c M O a w a ^J Z m Z m m --i 577,15/1 BD6/FE4A After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 W--A0O Im�� =Kc)Z n �a — 0 M O DM W a �C) o� W 0-0 m o r 90 0 0 gam= r -p z oG-)D m V— M r ZW < N R Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 PIZOFFJ'R STATEMEIVrI' REZONING: RZ # : R4 (Residential Planned Community District to M-I (Light In(Iustrial) PROPERTY: 3.16 Acres Tax Nlap & Parcel 64 A 83 (Ilercinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (f-fereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OI' PROFFERS: April 12, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in conformance with the following conditions, which sliall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("Ownor"), these proffers shall be deemed withdrawn and shall be null and void. Fur(hcr, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the "Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and sliall 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, Tile term "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest, When used in these proffers, the "Generalized Development ['Ian" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William I-1. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 I. LAND USE I.l. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers, Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. (L0281690.DOCX / 1 one Log Istics Park (Mearkle Addltlon) draft proffers 4-12.2002 00072100009G)Page 1 of 8 2. TRANSPORTATION 2.1. The public roadways proposed on the Properly shall be constructed in the locations depicted on the GDP. Minor modifications, as ncccssiu•y upon final cnginecring, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan, 2.2. The Owners shall design, construct, and dedicate Coverstone Drive as an urban four -lane divided collector road with Will holes as warranted within an approxinlate 102' rl'ght-of-way in accord with the phasing schedule referenccd below. Prior to the commencement of the Phase I improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted oil the GDP using performance agreement and corporate surety bond documents approved by [lie County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase I shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt flail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. 'this roadway shall be constructer) to a mininitun base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phasc I inlproveincnts shall consist of all necessity improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of fnverlee Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase I, the Owners shall seek VD0T permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing N illwood Pike crossover previotisly used for access to the golf course concurrent with Phase 1 inlprovenlents. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive fi•onl the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including n shared -use asphalt trail on the cast side of this roadway, Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane ti-ansitiorl to the Phase I few• lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing (L0281690.000X / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 oo009G)Page 2 of 8 Coverstone Drive connection at 1080 Coverstonc Drive (TM 64-A-87A) Its depicted on the GDP, InClndlilg transition to (Ile existing COLlr-lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays I or 2 and no Inter than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet, This two-lane Phase 3 half section shall be subject to final cnginecring and VDO'I' approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing flora• lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection tit 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet, Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, lollowing completion of the Phase 1 construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points'on Coverstonc Drive south of these Pliase I improvements are proposed, the continued soutltwiard construction of Coverstone Drive as a full Urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 23. Notwithstanding the foregoing Proffer 2,2 phasing schedule for the construction of Coverstone Drive, if vehicle per clay (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Fleavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive its an ultimate full urban lour lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TNI 64-A-87A) prior to issuance of any Further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per F14WA Classification Type 4 or higher (G tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification Count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Lund Bays 1 and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property 2.4, The Owners shall design and construct (he extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays S through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel (L02.81690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Pa8e 3 of 8 identified as I'M 64-A-8313. The Owners shall maintain an access easement for this residential driveway until such tinge as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided, No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDO"f in general conformance with the submitted impact study. Off -site improvements shall be constructed its depicted on the GDP as follows: 2.6.1: Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverleo Way/Coverstone Drive and shall be completed coincident with the Coverstonc Drive construction described in Proffer 2.2, Phase I, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual left turns to Coverstonc Drive, and c) Northbound Coverstonc Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvemetits at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traff is signalizalion at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit I hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalizalion warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalizalion fit the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2,2 Covorstone Drive Phase 2 and Phase 3 improvements have been completed, In the event that this traffic Signalization warrant study shows that illinfinuill sufficicilt warrants for installation of traffic tL0281690.000X / 1 One Logistics Park (Me aWe Additlon) draft proffers 4.12.2002 000721 000096)Page 4 of 8 signalization at the intersection of Prince Frederick Drive and Costello Drive are not present tit that time, the Developer shall prepare and submit a second traflic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County lbr regional roadway improvements off -site in the Millwood Pike corridor tis determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvenlcilts shall consist of improvements at the intersection of rPAillwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, ICRAIIrough, and right Will lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -situ right-of-way and necessary casements by private nieans tit fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct those off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board Of Supervisors. The construction cost estimate shall be subject to review and approval by the County, This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.G. 'Trip Generation Manual for any non-residential use. Detcrnlination oil alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. (L0281690,DOCX/ 1 One Logistics Park (Me ark le Addition) draft proffers 4.12-2002 000721000096)Page 5 of 8 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided, A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRF AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One 1-I1.1ndred Dollars ($100) for every 1000 square feet of commarcial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, WIII Conform With all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (1184, 84A, 85). -['he subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or caLlS0 to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Properly and shall complete Phase 11 and Ill investigations thereof as may be do ionstratcd to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURES APPEAR ON TIIE FOLLOWING PAGES (L0281690.DOCX / 1 One Logistics Park (Ylearkle Addition) draft proffers 4-12-2002 000721000096)Page 6 of 8 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park G11, L.L.C., a Delaware limited liability company as its sole general partner By: Name. Gary E. Block Title: Chief Investments Officer and designated signatory STATE OF COUNTY/CITY OF F,l { i C j to -wit: T ie foregoing Proffer Statement was acknowledged before me this q J '�' day of Ma , 2022, by Gary E. Block, who acknowledged that he cxccuted the foregoing Proffer Statement with the full power and authority to do so. yIt _qi�U I No ary Public My Commission Expires Notary Registration # _ (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4.12-2002 00072100oo96)Page 7 of 8 Exhibit 1 VDOT Traffic Signalization Agreement Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreetrtettt for the Installation of ati Off site Traffic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED TI- XF: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether rninimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields i,600,000 square feet of new (L0201695.DOC/ 1 VDOT Off-slte Signallzatlon Agreement 000721 000096)1 development in the Project, If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way, Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT, 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3, In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the (L0281695.DOC / 1 VDOT Off-slte Signalization Agreement 000721 000096)2 Board Of Supervisors, This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21, i 4. Notwithstanding the foregoing, MOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of t11e Project- by the Developer, If at that time or at any such Lime for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the inLersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall Post a performance bond and obtain issuance of a VDOT ]and use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way, Once installed and accepted by VD0T, this traffic signal shall become the Property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual Process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is iarranted, 6. In the event the Developer is required to design and install:;a #affic' signal in accord with this: Agreement, the Developer shall furnish a sureLy bond or letter of credit acceptable to VDOT in the amount not to excee&O'ne.11iiindred percent (t00%) of the total estimated cost of the traffic signal. The bond -or letter of credit shall be in force for t11e five (5) year Period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE (L0281695.00C / 1 VDOT Off -site Signullzatlon Agreement 000721 000096)3 Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: T11IG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chiefinvestments Officer and designated signatory Virginia Department of Transportation Address: By: , Residency Administrator (L0281695.DOC / 1 VDOT Off -site Slgnalizatlon Agreement 000721 000096)4 MO t 1 \\ 1 1 FW —N,_ E=�G ROAD EFFI pGRp (PER APPR TREE SAVE 150INACTIVIL AREA RYP L ROAD E \ \ \ \ APPROX LAND LIMITS cryp \ LAND SAY \\ NUMBER \ 1 1 \ I! LIMITS OF \\ /— APPROVED a7.0,-]• \ (TVP I \ \ FFICIE FER `tl APPROVED BAY \\ \ TE COVEREE y n JJ (PER APPROVED aZI WNOL]+) EXISTING M1 - LIGHT INDUSTRIAL DISTRICT `� 1 (l264.72 AC) PHASE A� +� I 134.67 AC 10' SNARED USE TRAIL L(PER APPROVED RIA01"21) rAu_r�_������ ��r• r us kA=PPLICAT.ION AREA (TYP00INACTIVE LANDSCAPE OAD EFFICIENCY BUFFER ER APPROVED R2y 01.21) P, \ (TYP) PROPOSED \ LAND BAY MI LIGHT INDUSTRIAL DISTRICT \ NUMBER (1315 AC) \ (TYP) LA APPROVEDN . •" \\\ APPROX LAND SAY • 1145.71 AC \ LIMITS (TYP 1 SAVE 1 (rYP)_�.--- � � 1 1 / 1 / 1 1 / 1 / 1 / — PENMA'YON DRIVE (PER APPROVED RlI o1a1) IL - ^ l� S _•� — i i_ —. —�-. _-___yam -_-7 . \ r r r ,r •• - FLMM AIRPORT EXPANSION - _. ---..v A•. fU111RE AIP1iiT EI�ANSX7N r us kA=PPLICAT.ION AREA (TYP00INACTIVE LANDSCAPE OAD EFFICIENCY BUFFER ER APPROVED R2y 01.21) P, \ (TYP) PROPOSED \ LAND BAY MI LIGHT INDUSTRIAL DISTRICT \ NUMBER (1315 AC) \ (TYP) LA APPROVEDN . •" \\\ APPROX LAND SAY • 1145.71 AC \ LIMITS (TYP 1 SAVE 1 (rYP)_�.--- � � 1 1 / 1 / 1 1 / 1 / 1 / — PENMA'YON DRIVE (PER APPROVED RlI o1a1) IL - ^ l� S _•� — i i_ —. —�-. _-___yam -_-7 . \ r r r ,r •• - FLMM AIRPORT EXPANSION - _. ---..v A•. fU111RE AIP1iiT EI�ANSX7N J. Randall Minchew Managing Shareholder Loudoun County Office (571) 209-5777 jrminchew@thelandlawyers.com Via Fed Ex [I-� it ��I WALSH COLUCCI LUBELEY & WALSH PC May 11, 2022 Mr. John Bishop, AICP, Assistant Director, Transportation Frederick County Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 p5coVED , r � i1rl v. v � 2 ( , Fnr-nER!CK Re: Rezoning Application of One Logistics Park, LP Addition of Former Mearkle Property (Parcel # 64A-A-83, 3.16 acres) Submission of Additional Application Documents Deaf -John, You should have received the "wet ink" originals of the One Logistics Park signed and notarized proffers by a separate Fed Ex yesterday and I am transmitting to you with this Fed Ex deliver copies of the Generalized Development Plan (3/15/2022 edition) prepared by Gordon in both 24" x 36" and 11" x 17" sizes. If you need additional copies, please feel free to let either me or Peter Lazarevich of Gordon know. We look forward to the honor of working with you on this application Enclosures, as stated Very truly yours, WALSH, C LUCCI, LUBELEY & WALSH, P.C. J. Randall chew A'I"TORNEYS AT LAW 703 737 3633 WWW.TFiELAN DLAWYERS.COM 1 E. MARKET STREET SUITE 300 o LEESBURG, VA 20176.3014 ARLINGTON 703 528 4700 i WOODBRIDGE 703 680 4664 5/9/22, 4:01 PM FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: Ship from: John A. Bishop, AICP David Check Frederick County Planning THE MERIDIAN GROUP and Dev 107 N. Kent Street WINCHESTER, VA 22601 US 5406655651 3 Bethesda Metro Center Suite 1400 Bethesda, MD 20814 US 3017180800 Shipment Information: Tracking no.: 776809366704 Ship date: 05/09/2022 Estimated shipping charges: 29.09 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: I Total weight: 1 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: The Meridian Group-153 Your reference: Tom Boylan - Meridian PO no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx vnll not be responsible for any claim in excess of 5100 per package, whether the result of loss, damage, delay, non -delivery, misdelrvery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. 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Consult the applicable FedEx Sennce Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https:/AwAv.fedex.com/shipping/shipAction.handle?method=doContinue 1 /1 COG Special Limited Power of Attorney o 11'l County of Frederick, Virginia Frederick Planning Website: www,fcva,us u ' Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents Thal One Logistics Park, LP Name of Property Owner/Applicant Please note: If thw e property owner/applicant is an entity, the name of the entity should appear above Ifmultiple persons 0%w the property or are applicants, on executed power of attorney from each owner will he needed, c/o The Merldion Group, 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814 (301) 718.0800 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: do hereby make, constitute, and appoint: Gary E. Block Name of Attorney -In -Pact c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814 (301) 718-0800 Mailing Address of Allomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have il'acting personally, to file and act on my behalt'with respect to application with Frederick County, Virginia for the follow in , for the above identif►ed property: Q✓ Rezoning Subdivision Conditional Use Permit n Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind of modify it. Signature Title (if signing 6n behalf of an entity) PC,lrttjeg an _( M State of , Caunty/City of I�on�el6ti'Y1�1 "I 'To wit: 1, 1�61t l) O M a Notary Public in and for the jurisdiction aforesaid, certify that the person who signM the foregoing instrument persnnally appeared b fore me and has acknowledged the same before mein thcjurisdictilon aforesaid this _��� day of ��1 , 20 2, Jill1-P-,—) V v L -,\ -` ttGRq�'fr.Commission Expires: �2 2�� 12S Noia y Public J •'�ssio• {�t�¢ralion Number: IV �CTA,5� mz m •t� o �\p 0' p R i 4.2�.1•�.��•��� REZONING APPLICATION #03-22 ONE LOGISTICS PARK L.P. Staff Report for the Planning Commission Prepared: June 7, 2022 Staff Contacts: John A. Bishop, AICP, Assistant Director Reviewed Action Planning Commission: 06/15/22 Pending Board of Supei-visors: 07/13/22 Pending PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with proffers to the M1 (Light Industrial) District with proffers. LOCATION: The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/2022 PLANNING COMMISSION MEETING; The subject property is part of the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #01-21 which rezoned the surrounding 277.16 acres to a mix of M 1 (Light Industrial) and B2 (General Business) zoning with a total of 264.7 acres of MI (Light Industrial) and 12.5 acres of B2 (General Business) . This action left the subject parcel surrounded entirely by M1 zoned property. The applicant has since purchased the subject property and is requesting that it be rezoned to M1 to match the surrounding property. The site is located within the limits of' the Senseny/Eastern Frederick Urban Area Plan of the Comprehensive Plan. The Plan identifies this property with a commercial/transition and residential land use designation; these designations are consistent with the current zoning. Therefore, the requested M1 District is generally inconsistent with the Comprehensive Plan. It should be noted that the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning approval; the plan was later updated to show the residential zoning approved in 2005. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport; the support area discourages new residential construction. The proposed elimination of residential use of the subject parcel would further support the goals of the Airport Support Area. The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major collector road system which provides for an east -west linkage (Coverstone Drive) which connects to Millwood Pike at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The planned phased connection from the existing terminus of Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that serves both this development and surrounding land uses. Rezoning #01-21 has previously proffered to complete Coverstone Drive to Millwood Pike among a number of other- transportation proffers. This application seeks to apply the proffers from Rezoning #01-21 verbatim and in their entirety to this parcel. This results in no additional developmental square footage or trip generation beyond what was previously approved in Rezoning #01-21. Following the rear(ired public henr•ing a r'ecommen(lation regarding this r-ezoning, application to the Bonr(1 o aervisors would be approlwiate The Applicant should be nrenar'ed to a(lea(rately ad(h'ess all concerns raised bt, the Planning Commission. This report is prepared by the Frederick Comity Planning Staff to pr•ovirle information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unn•esolved issues concerning this application are noted by staff iivhere relevant throughout this staff report. Reviewed ti n Planning Commission: 06/15/22 Pending Board of Supervisors: 07/13/22 Pending PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with proffers to the M I (Light Industrial) District with proffers. LOCATION: The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-83B PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Sout1 East: West; REVIEW EVALUATIONS: Due to the fact that the applicant is a0 1) ying the proffers of Rezoning #01-21 in their entirety to the subject parcel resulting in no changes to transportation or other infrastructure or additional enabled square footage staff has not required the annlicant to seek additional agency comments. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R1 (Residential Limited) District. The parcels were re -mapped fl-om R 1 to A2 (Agricultural General) District pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re - mapping of the subject property and all other A 1 and A2 zoned land to the RA District. The subject properties were rezoned to the R4 (Residential Planned Community) District in 2005 (revised in 2009, 2013 and 2014). A Master Development Plan was approved for the property, the Governors Hill project, in 2009. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as theCommunity's guide for making decisions regarding development, preservation, public facilities, and other key components of Community life. Tile primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide guidance on the future development of this property. The site is located within the limits of the Sewer and Water Service Area (SWSA). The Plan identifies this property with a commercial/transition and residential land use designation which is consistent with the current zoning; therefore, the requested M I (Light Industrial) District is generally inconsistent with the Comprehensive Plan. It should be noted that the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning approval; the plan was later updated to show the residential zoning approved in 2005. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is supported within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion. The elimination of the residential zoning that currently exists on the site would further the goals of the Airport Support Area. Transportation and Site Access The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major- collector road system which provides for an east -west linkage (Coverstone Drive) which connects to Millwood Pike (Route 50 East) at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The planned connection from the existing terminus of Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that serves both this development and significant residential development north of Route 50. This connection would offer an alternative route that would help relieve future congestion on Route 50 between Prince Frederick Drive and I-81. In addition, Coverstone Drive will connect with the future relocated Route 522 South, which once approved and constructed, would connect at Prince Frederick Drive. In combination with the Crossover Boulevard project, which is currently under construction from Airport Road into the City of Winchester, this important network connection would allow significant traffic flow from this development and surrounding land uses to access Route 522 and the City of Winchester without traveling through the Exit 313 interchange area. 3) Potential Impacts: Due to the fact that this property proposes to adopt the proffers from Rezoning #01-21 for this parcel in their entirety and that those proffers limit development to specific square footage caps, there is no additional impact created by the rezoning of this parcel. 4) Proffers: The proposed proffers associated with this rezoning application are as follows. As noted previously, these proffers are identical to the proffers of Rezoning 1/01-21 for the surrounding properties. Proffer Statement: LAND USE 1.1. The project shall be designed to establish interconnected commercial and light industrial Land Bays in conformance with the GDP, and as is specifically set forth in these proffers.Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. 2. TRANSPORTATION 21. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at 5 site plan or road plan. 22 The Owners shall design, construct, and dedicate Coverstone Drive as an urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right-of- way in accord with the phasing schedule referenced below. Tile Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase 1 shall consist of the frill urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be bonded and constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four-way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. Additionally, the Owner shall close the existing Millwood Pike crossover previously used for- access to the golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 1 or 2 aPA or no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to 6 the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. 23. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full constIuction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FHWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after- the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays 1 and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property. 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two-lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 25. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel identified as TM 64-A-83B. The Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non-residential uses. If this residentially zoned parcel is rezoned by others for non- residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A-83B) will not be used for site access. 2-6. All off -site road improvements shall be designed to the latest VDOT standards, unless otherwise approved by VDOT in general conformance with the submitted impact study. Off -site improvements sliall be constructed as depicted on the GDP as follows: 2-6.1. Eastern improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive b) Westbound Millwood Pike dual left turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 7 i:NA "� iK,110, 202 Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive; and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit 1 hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price hidex (CPI-U) forward from the date of rezoning approval. 263 Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of 8 the crossover and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 27. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary easements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors. The construction cost estimate shall be subject to review and approval by the County. Thiscash contribution shall coincide with the thresholds that triggers the off -site road improvement as identified in Proffer 2.6. 28. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars (S 100) for every 1000 square feet of commercial and/or industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for cacti building. WATER AND SANITARY SEWER 5.1. The Owner shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 52 Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owner, will conform with all appropriate Frederick Water regulations at time of 9 lit site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, xvest of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owner shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. Following the reguired�tulilic hearing, a recommendation regarding this rezoning trnnlication to the Board offupervisors would be qgnropriote The AptJtlicant should be ttreftared to atleguateli, address all concerns raised by the Planning Commission. REZONING APPLICATION #03-22 ONE LOGISTICS PARK L.P. Staff Report for the Board of Supervisors Prepared: July 1, 2022 Staff Contacts: John A. Bishop, AICP, Assistant Director Reviewed Action Planning Commission: 06/15/22 Recommended Approval Board of Supervisors: 07/13/22 Pending PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with proffers to the M I (Light Industrial) District with proffers. LOCATION: The property is located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 07/15/22 BOARD OF SUPERVISORS MEETING: The subject property is part of the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #01-21 which rezoned the surrounding 277.16 acres to a mix of M I (Light Industrial) and B2 (General Business) zoning with a total of 264.7 acres of M1 (Light Industrial) and 12.5 acres of B2 (General Business) . This action left the subject parcel surrounded entirely by M 1 zoned property. The applicant has since purchased the subject property and is requesting that it be rezoned to M 1 to match the surrounding property. The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the Comprehensive Plan. The Plan identifies this property with a commercial/transition and residential land use designation; these designations are consistent with the current zoning. Therefore, the requested M 1 District is generally inconsistent with the Comprehensive Plan. It should be noted that the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning approval; the plan was later updated to show the residential zoning approved in 2005. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport; the support area discourages new residential construction. The proposed elimination of residential use of the subject parcel would further support the goals of the Airport Support Area. The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major collector road system which provides for an east -west linkage (Coverstone Drive) which connects to Millwood Pike at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The planned phased connection from the existing terminus of Coverstone Drive to Millwood Pike at lnverlee Drive provides for an important linkage that serves both this development and surrounding land uses. Rezoning #01-21 has previously proffered to complete Coverstone Drive to Millwood Pike among a number of other transportation proffers. This application seeks to apply the proffers from Rezoning #01-21 verbatim and in their entirety to this parcel. This results in no additional developmental square footage or trip generation beyond what was previously approved in Rezoning #01-21. Following the r•eauired public hearinga decision regarding this rezonim, annlicatiorr by the or r Supervisors would he annrojrriate The Applicant should be nrenar•ed to adequately address all concerns raiser/ hh the Board eLSJ(j)erd ors, REZ # 03 - 22: One Logistics Park PIN: 64 - A - 83B Rezoning from R4 to M1 Zoning Map { '} Aidt,� „RE # tsst iwutMooc W s - Application Parcels Sewer and Water Service Area B2 (General Business District) M1 (Light Industrial District) R4 (Residential Planned Community District) 0 U .►NUR SPRING RD N wt: S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 n 340 Feet Mon, Crrnted Mnv 9 '2099 i r,;, REZ # 03 - 22: One Logistics Park PIN: 64 - A - 83B Rezoning from R4 to MI Long Range Land Use Map � ' h� a • w - Q© .tip �^ • or �, fj• + REZ•#03-22 tis�w J rw� +ysE � �.•_ o Application Parcels Sewer and Water Service Area Long Range Land Use 'Cx Urban Center Mixed -Use OAirport Support Area (Z> High -Density Residential. 12-16 u/a a• s0 c` l ;►+' +Aar. Q,♦�'' �a�!' ♦ ! ♦� �► tea' , - + s. � • • ♦♦�'� ` i � � 1 r` ♦mow` � ♦ � ,tea MY � �� �� w.so SULPHUR SPRING RD 170 S Frederick County Planning d Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 340 Feet Mon Genterl' Mov 9 9099 Application 9 Parcels Sewer and Water Service Area Frederick County Planning 6 Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 340 Feet Min (rp.nterl Mnv 9 2022 PROFFER STATEMENT REZONING: RZ #03-22: R4 (Residential Planned Community District to M-1 (Light Industrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83B (Hereinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (Hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 AMENDMENTS June 9, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, sliall be in conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("Owner"), these proffers sliall be deemed withdrawn and sliall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the "Board") grants the rezoning. 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 "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William H. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1. LAND USE 1.1. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. Pagel of S 2. TRANSPORTATION 2.1. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Coverstone Drive as an urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right -of way in accord with the phasing schedule referenced below. Prior to the commencement of the Phase 1 improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond documents approved by the County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase I shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlce Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase 1, the Owners shall seek VDOT permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing Millwood Pike crossover previously used for access to the golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE I Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing Page 2 of 8 Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared -use asphalt trail to the southeast of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 1 or 2 and no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, following completion of the Phase I construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points on Coverstone Drive south of these Phase 1 improvements are proposed, the continued southward construction of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FFIWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays 1 and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new constriction on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel Page 3 of 8 identified as TM 64-A-83B. The Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless othertivise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2.6.1: Eastern improvements shall consist of unprovements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and sliall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual left turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new constriction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit 1 hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Signalization Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstone Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Page 4 of 8 Costello Drive arc not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior- to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development on the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new construction amount on the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary casements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors. The construction cost estimate shall be subject to review and approval by the County. This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any fixture transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. Page 5 of 8 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the south/east side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or- industrial building area shall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer mardioles (1184, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURE APPEAR ON TIIE FOLLOWING PAGES Page 6 of 8 ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: —k----- Name: Gary E. Block Title: Chief Investments Officer and designated signatory STATE OF K CA Ol111 j COUNTY/CITY OF 00 Cj j to -wit: The foregoing Proffer Statement was acknowledged before me this �t, day of �kh ?, , 2022, by Gary E. Block, who acknowledged that he executed the foregoing Proffer Statement with the full power and authority to do so. My Commission Expires: Notary Registration # ``���►Iillll/����i G R j •�,�ssio • F� '. PutAk 24. 0ftR ill 0�?```` Page 7 of 8 LOCATION MAP SCALE: 1 " = 2000' NOTES: 1. MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING, INCLUDING BUT NOT LIMITED TO LAND BAY INGRESS/EGRESS AND INTERSECTION ALIGNMENTS, MUST MEET THE INTENT OF THE PROFFERS, FREDERICK COUNTY AND VDOT APPROVAL. 2. THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL I COORDINATION WITH VDOT AND ARE SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY. Exhibit 1 VDOT Traffic Signalization Agreement (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 8 Of 8 Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement fo7- the Installation o an Off -site T7-affic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new (L0281695.DOC / 1 VDOT Off -site Signallzation Agreement 000721 000096)1 development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)2 Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. Notwithstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (i00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE {1_0281695.DOC / 1 VDOT Off -site Signallzation Agreement 000721 000096}3 Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: AN Name: Gary E. Block Title: Chief Investments Officer and designated signatory Virginia Department of Transportation Address: to Residency Administrator (1-0281695,DOC / 1 VDOT Off -site Slgnalizatlon Agreement 000721 000096)4 UPDATE TO ONE LOGISTICS PARK WINCHLSTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA REVISED 4/12/20220 APPLICANT: ONE LOGISTICS PARK, L.P. (1-0281681.DOCX / I UPDATE TO ONE LOGISTICS PARK WINCHESTER impact analysis statemcnt 000721 00009G) ONE LOGISTICS PARK This report is filed to be a supplemental addition to the One Logistics Park Impact Analysis Statement previously filed with the original One Logistics Park Rezoning Application #01- 21 and approved by the Frederick County Board of Supervisors on July 14, 2021. In this application, a 3.16-acre parcel, currently zoned R4, identified as PIN# 64 A 83B, acquired by the Owner on March 1, 2022, is proposed for addition to the MI -zoned One Logistics Park and to be subjected to the same proffered commitments as provided in Rezoning Application 901-21. The Owner and Applicant respectfully submits that this 3.16-acre incremental addition to the One Logistics Park approved rezoning, as suggested by the Board of Supervisors during the original One Logistics Park rezoning introduces no new impacts that were not already addressed in the context of the original One Logistics Park rezoning approval. The previous One Logistics Park Impact Analysis Statement is attached hereto. (1-0281681.DOCX / I UPDATE TO ONE LOGISTICS PARK WINC I IESTER impact analysis statement 000721 000096) E-911 Address Quick Search I 3-1`4C SHAWNEE MILLWOOD STATION lq,5tftlC-,5- rlrzr- ol P— ( f �t�t 7/l y(ZoZ � L m VVEI'Qu RA awl M n000rlAM Lmm (Y" ) EXISTWO CA- 82 \ BUSINESS �-' DISTRICT \(:12.8Ac) r • e ooerno ROAD nsree i roeo pE,e o,mt 11EE MVE ,!w �MCIIIIE • • . s.r AKA (TY►) ' 1 1 APPVWX 1� ,ADO DAY FOAM ' ,` Rr► t . 1 1 1 . 1 1 tA,Ri A/FlYCr� R)! ena, GENERALIZED DEVELOPMENT PLAN ROAD MK ANA }y(trF ) ,00 awcr,uE LAtWMJV[ ,A K ROAD EFFIdD,C� euvrlee r� a rrs AOPLIC/1TION O#CEMC `� ` �,, �• •: '� �'/11pCpa�D \ NIg� LAND MY . pQ AMO1-t,1 r \ S• , Y7 - L on J - • (tl N ACC \ , • \ LMD Mr t ,'� • '• 1 APPRM LAID Mr - \ l t/15.71AC \ urtfRr►1 AREA MVE AREA (TN) covto EXISTWO MI - L04T INDUSTRIAL _ry._ RICT (tM.72 AC) FPHA 1 PFWMETMOPM (PW APPROM IM \/�• �• tom,, ��. UK TRAL (PER APPROM RN "l) • "'ww T. I Lam or Raro,ae -� RrrJ Tt RAFiG19NAL AIRAORT, • � - �,�_.�_-_- -- _ -- � - - ONE LOGISTICS PARK WINCHESTER 03.15.2022 —o", —..w...�f� ^ ONE LOGISTICS PARK WINCHESTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPLICANT / CONTACT: WICKSHIRE INDUSTRIAL LLC C/O MR. EDWARD PODBOY 2318 RIVIERA DRIVE VIENNA, VA 22181 EMAIL: epodboy@wickshiregroup.com luk.o ., 3Cµ4 ' OWNERS: JGR THREE LLC ET ALS HOCKMAN INVESTMENTS LLC GOVERNOR'S HILL LLC ONE LOGISTICS PARK INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 277.22 acre assemblage identified as Tax Map Parcels: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86, & 64-A-87. The subject property is located on the south side of Millwood Pike (U.S. Route 50) and on the north side of the Winchester Regional Airport. The 277.22-acre assemblage is currently zoned R4, Residential (Planned Community District). This application proposes to rezone the 264.72 acre of the assemblage to M-1 (Light Industrial) and 12.5 acres to B-2 (General Business) Districts with up to 2,995,600 square feet of building area. This application seeks to change the current residential zoning designation to provide land uses that are light industrial and general business in nature which are more appropriate given the immediate existing / surrounding uses. To further support this effort, the property is also within the limits of the Airport Support Area where residential development is not desired. Successful entitlement will allow the property will be marketed / developed with any of the allowed and conditional uses as permitted by the respective zoning districts. Those types of uses supports the business development focus goals of the Comprehensive Plan while benefiting the community by offering viable economic development opportunities. BASE INF01RIi/IATION LOCATION: FRONTING ON THE SOUTHSIDE OF MILLWOOD PIKE (US ROUTE 50 EAST) AND THE NORTH SIDE OF WINCHESTER REGIONAL AIRPORT. MAGISTERIAL DISTRICT: SHAWNEE DISTRICT PROPERTY ID WS: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86 & 64-A-87 CURRENT ZONING: R4 (RESIDENTIAL PLANNED COMMUNITY DISTRICT) CURRENT USE: VACANT PROPOSED ZONING: M1 (LIGHT INDUSTRIAL DISTRICT) 264.72 AC B2 (GENERAL BUSINESS) 12.5 AC TOTAL PROPOSED SF: 2,995,600 SF TOTAL REZONING AREA: 277.22 AC z COMPREHENSIVE PLAN The One Logistics Park Winchester rezoning application is within the Senseny/Eastern Frederick Urban Area Plan per the 2035 Comprehensive Plan. Previous approvals on the properties have designated the west side of the project as intended to be General Business and Industrial Transition uses. The properties on the east side are currently intended to be high density residential (12-16 units/acre). The entire assemblage is within the Sewer and Water Area (SWSA) and approximately 115 acres are within the Urban Development Area (UDA). The application is also within the limits of the Airport Support Area. The 2035 Comprehensive Plan identifies the subject properties with a commercial/transition and residential land use designations. While the requested M1 (Light Industrial) District is generally inconsistent with the Comprehensive Plan, it should be noted that the proposed change of use is consistent with the land use plan that was in effect prior to the Governors Hill rezoning. This area is also within the limits of the Airport Support Area, where residential development is not desired for properties in this area This proposal supports the intended business development goals envisioned by the County for this area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan and provides more complimentary uses adjacent to the Winchester Regional Airport. It would also remove residential zoned land from the Airport Support Area where it is currently discouraged. Together these elements help support the future airport expansion and establishment of commercial and industrial land uses on the subject parcels. SUITABILITY OF THE SITE The subject parcels do have environmental features such as flood plain, wetlands, and steep slopes. These features are minimal when compared to the entirety of the 277-acre assemblage. Through well thought out site planning, and engineering practices, land disturbance will be limited in accordance with applicable regulatory standards. Flood Plains The 277.22-acre portion of the subject property does contain areas of flood plain (Sulphur Springs Run) as demonstrated on FEMA NFIP Map #51069CO219D, Effective Date September 2, 2009, as well as information from the Frederick County GIS Database. No proposed buildings will be located within the limits of the flood plain. A floodplain study or alteration will be processed with Frederick County and FEMA for improvements within the floodplain, as required. N Wetlands The National Wetlands Inventory Map identifies five wetland features on the site, all of which are man-made ponds. Any disturbance will be limited in accordance with applicable regulatory standards. More detailed environmental investigation will be completed prior to the site plan and construction process. Any wetland impacts that are required will be processed to comply with all County, State and Federal regulations. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database, the parcels subject to this application contain nine soil types within the limits of the application. The following soil types are present: • 16 Berks Channery Silt Loams 3-8% slope • 1C Berks Channery Silt Loams 8-15% slope • 3B Blairton Silt Loams 2-7% slope • 9B Clearbrook Channery Silt Loams 2-7% slope • 36 Pits, Quarries, and dumps • 41B Weikert-Berks Channery Silt Loams 3-8% slope • 41C Weikert-Berks Channery Silt Loams 8-15% slope • 41D Weikert-Berks Channery Silt Loams 15-25% slope • 41E Weikert-Berks Channery Silt Loams 25-35% slope The existing soils onsite are generally suitable for site construction provided the proper drainage, grading and sloping are maintained during and after construction. The existing soil characteristics and any implications for site development are manageable through the site engineering and construction processes. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to four ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas may be necessary to implement the project grading and stormwater management systems. Surrounding Properties NORTH r U.S Route 50 (6 lanes, median divided public road) c Existing residential (more than 500' away) • Zoned: RP (Residential, Performance District) 0 SOUTH • Winchester Regional Airport Future expansion / site access planned through subject area EAST Existing light industrial / commercial uses Zoned: M1 (Light Industrial District) WEST • Existing Army Corps of Engineers Facility • Zoned: B2 (General Business District) TRANSPORTATION The One Logistics Park Winchester project will be served by a transportation network designed and constructed to accommodate automobile and truck traffic safely and efficiently. The roadway network incorporates the general route location to extend Coverstone Drive as a collector road from Millwood Pike to the existing road adjacent to the Sheriffs east of Prince Frederick Drive. The external road system serving the site is comprised of Millwood Pike (Route 50/17 East), Prince Frederick Drive (Route 781), Coverstone Drive, and Pendleton Drive. Millwood Pike is a four -lane major arterial roadway, Coverstone Drive is proposed as a two-lane major collector and Prince Frederick Drive is a two-lane minor collector road. Pendleton Drive is a two-lane local roadway connecting to the east which provides alternative access to Arbor Court and Victory Road (Va. Rte. 728). The regional roadway network was planned as part of the Governors Hill approvals through 2013, which supported residential, office, and commercial activities with Coverstone Drive planned as a four -lane divided roadway, and off -site improvements at Millwood Pike intersections at Prince Frederick Drive and Sulphur Springs Road. The proposed land use plan significantly reduces the site traffic potential of the property by removing the residential use component and focusing on general industrial uses as recommended in the County Comprehensive Plan, with the general industrial uses, and ancillary commercial use in one land bay adjacent to the Millwood Pike/Coverstone Drive/Inverlee Way intersection, the anticipated site Daily trips at build -out are reduced from over 46,000 Vehicles per Day (VPD) under existing zoning with the Governors Hill uses to approximately 17,600 VPD, or a reduction of over 60 percent. With the significant trip reduction, the on -site public roadway network maintains the ultimate R-O-W for the four -lane extension of Coverstone Drive, but phases the construction to provide the link connection as a two-lane road with turn lanes and widening at Millwood Pike for a four lane section with a raised median. The applicant has maintained off -site turn lane improvements at Costello Drive/Prince Frederick Drive intersection as well as off -site road contributions and trip thresholds in the proffers. However, the 5 biggest change in the development with the employment uses is to establish the initial construction of Coverstone Drive as a through road to provide public street access. The transportation improvement program proffered with this application will improve existing off -site transportation shortfalls identified within the TIS prior to the inclusion of the proposed development impacts to the transportation network. The implementation of this program will occur in Phase A of the development, as specified by the Proffer Statement (see attached). The transportation proffers included with the application mitigate all impacts of the proposed rezoning, by providing the ultimate R-O-W for the public street network and building improvement to service the subject uses. A traffic impact study (TIS) is under preparation for this application using the current updated land use plan and extensive VDOT coordination on the technical scoping. Using trip generation figures from the latest edition of I.T.E. Trip Generation Manual, the TIS projects that the proposed development will reduce vehicle trips greater than 60% from the commercial uses assumed in the transportation studies from the RZ#10-08 rezoning approval. The TIS further includes additional study area roads and intersections from the Governors Hill rezoning study to reflect the regional improvement programmed by VDOT west of the site at the 1-81 interchange. The study also provides the initial on -site traffic operations for Coverstone Drive at the proposed site entrances to verify turn lanes, which provide guidance for future site plan reviews. Based on the traffic forecasts, we anticipate the proposed Coverstone Drive two-lane section with turn lanes will adequately support the build -out of the property with the general industrial uses, as well as accommodate through traffic. The improvements also include the extension of a shared use path along Coverstone Drive with the site build -out to provide pedestrian linkages. The transportation network does include phasing for the local street, by connecting Pendleton Drive to Coverstone Drive extended. The local network supports additional access to the adjacent Airport and provide alternative access to the existing employment uses adjacent to Arbor Court. The Pendleton Drive connection will not be completed until Phase 2 activities, so as not to overload the existing roads. Additionally, the applicant is preparing the signal justification for the proposed US Route 50/17/lnverlee Way/Coverstone Drive intersection. The study for the location is provided consistent with the previously approved proffers for the intersection and the current VDOT guidance to assess alternative intersection configurations for new signal locations. Previous approved proffers required signalization when warranted. The analysis is accelerated to verify geometry. The significant reduction in proposed site trips, the proposed commitment with the updated proffers to provide the ultimate R-O-W, and construction of Coverstone Drive from US Route 50/17 (Millwood Pike) to the existing segment of Coverstone Drive east of Prince Frederick Drive (Va. Route 781) will support the subject site with employment uses. 0 SEWAGE CONVEYANCE & WATER SUPPLY The proposed change in zoning of the property is expected to result in a reduction to overall impact to the water demand and the sanitary sewer discharge. This is a result of the change in use from the higher demands of planned residential use to the proposed light industrial development. Sanitary sewer service will be provided by Frederick Water via an existing 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick Water requirements to serve the entire site and enable gravity flow to the existing main (where possible). A pump station or grinder pumps may be required to serve the buildings proposed on the east side of the property. Water is currently served by a 12" water main which currently extends through the central portion of the site. This water main will be rerouted, as necessary, with the final engineering associated with the site development. This infrastructure will be expanded pursuant to Frederick Water requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. The proposed land uses have a maximum sanitary estimated flow of about 390,000 GPD based on +/- 277 acres of light industrial land use. A preliminary computation is as follows: Estimated Flow = Area * Estimated employees/acre * Flow/employee Estimated Flow = 277.22 acres * 40 employees/acre (per section 3.2.A of Frederick Water Standards and Specifications) * 35 gallons/employee (Table 3 of the SCAT Regulations 9VAC25-790-490) Estimated Flow = 388,108 GPD — 390,000 GPD Actual water and sewerage flows will be determined at the time of final site engineering. SITE DRAINAGE The rezoning of the subject property will not result in significant changes to the existing site drainage patterns. The site generally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that stormwater BMP's and dry ponds will be implemented to meet local, state and federal stormwater development requirements. Stormwater design along with erosion control practice will mitigate adverse stormwater discharge impacts. Design of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. SOLID WASTE DISPOSAL The rezoning of the subject property from residential to proposed light industrial uses will not result in an increase of solid waste and therefore will not adversely affect the County's disposal facilities. Solid waste from the project will be collected and deposited in the Frederick County landfill following via private carrier(s) contracted by the individual users. 7 HISTORICAL SITES AND STRUCTURES The Senseny/Eastern Frederick Land Use Plan does not identify the subject properties with any known historic sites or structures. The proposed rezoning will not create negative impacts associated with any historic resources and prior to approval of first site plan a Phase 1 Archaeological Investigation will be conducted. IMPACT ON COMMUNITY FACILITIES The rezoning of the subject properties to the M1 and B2 districts will have a positive impact on the community by generating economic diversity though the creation of employment opportunities. This application will expand the commercial tax base while allowing for the continuation of a lower residential tax rate. In addition, this project would lessen the demands/impacts on County and community facilities such as schools and parks that would have been typically generated if the properties were to be developed under the current zoning. Impacts to the transportation network will be mitigated by the proffered transportation improvements as specified in the pending proffers. Any visual or nuisance impacts on the surrounding property are being taken into consideration. The property will be developed in a manner that is logical, efficient and minimizes land disturbance to greatest extent possible. Helping with the mitigation efforts, is a commitment to providing an additional 50' to the required full -distance buffer adjacent to Route 50. Tree save opportunities have been incorporated where possible. The combination of the additional buffer setback, landscape requirements and tree save together help to mitigate impacts on the Route 50 viewshed. n To he completed by Planning StaJ/ Fee Amount Paid $ G . Zoning Amendnien Nu iber �L11� Anticipated PC Hearing Date —lr� A a Date Received GJ�vloi Anticipated BOS Hearing Date 'i REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name One Logistics Park, L.P. Specific Contact Person if Other than Above: Tom Boylan Address: c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400 Bethesda, MD 20814 Telephone: (301) 718-0800 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: t Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Finn Name: Walsh, Colucci, Lubeley & Walsh, P.C. Specific Contact Person at Finn: J. Randall Minchew Address: 1 E. Market Street, Suite 300, Leesburg, VA 20176 Telephone: (571) 209-5777 Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): One Logistics Park Addition (V ZmVZ Me*ZKIG 5. Property Information: a. Property Identification Number(s): 64 A 83B b. Total acreage of the parcel(s): 3.16 Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 3.16 Acres (whole parcel) d. Current zoning designation(s) and acreage(s) in each designation: e. Proposed zoning designation(s) and acreage(s) in each designation: M1 f. Magisterial District(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1600 Millwood Pike, Winchester, VA 22602 h. Adjoining Properties: Parcel ID Number Use Zoning, 64 A 83 Vacant (zoned industial) M1 Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses Of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. One Logistics Park, L.P., a Delaware Limited Partnership (Property Owner) TMG One Logistics Park GP, L.L.C., a Delaware Limited Liability Company (Sole General Partner of Properly Owner LLC) Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map R/ Plat Depicting Metes/Bounds of Proposed Zoning W✓ Impact Analysis Statement z Proffer Statement (if any) ❑✓ Agency Comments 0 Fee ❑✓ Copies of Deed(s) to Property(ies) Z✓ Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 7. Signatu►•e(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the b10it e. Owner: Date �(3c� (Z Z- �If signing onlf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. OWNOh_ ' ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sot general partner Page 15 By: Name. Gary E. Block Title: Chief Investments Officer and Designated Signatory r ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Sheet. Name and Property Identification Number Address NamCONE LOGISTICS PARK LP 3 BETHESDA METRO CENTER SUITE 1400 BETHESDA, MD 20814-6306 Property it 64 A 83 Name Property # Name Property It Name Property # Name Property # Name Property # Name Property tt Name Property # Name Property # /V oT C : T e e-412.e. ec f P2v fvi,,� Y'b 6e ✓e Z,,,,e,d (w A/ 5 �}�� !t �fi {(o� I S S�,r�,av,,. or.� 4 ! 1 S/ c�� br l �JS 0l v�v e� cl r c z� � e� r,v � c oN � f� e- Afelt��— -�t f (Al C� Gd t f �r c S e4tL' to rc Zomf `'�Y /�� �Z ,e Icr t�cl ( �,olvii� ce 111f Q ►° P -m 3 1 s q-,oe i is r oi- 7 w- -r- - J vtr-frJD ("rt:: �i7-� �� i -�.`� �-/�- V-- /V� `�vtil o2t w&I re- zvovl# 01- L t . 5 � P 4-e Alo e o ADJOIMNG PROP s RTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Prince Frederick Group LC C/O James L Mcilvanine Jr. 6231 Leesburg Pike Ste 600 Falls Church, VA 22044 Property #64 A 8 9 B Name Fredericktowne Group LC C/O Richard G. Dick 130 S Cameron St. Winchester, VA 22601 Property # 64 A 89 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property #64 A 87A Name Winchester Regional 491 Airport Rd Winchester, VA 22602 Property it 64 A 79 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property # 64 A 82 NameCampfield LLC 112 E Piccadilly St. Winchester, VA 22601 Property #64 A 80 J Industries P.O. Box 1847 Winchester, VA 22604 ENameBluEeRidge ty #80 Q I Name Main of Winchester LLC 1936 Millwood Pike VA 22602 , Property # 64 A 80K IWInchester, Name R G R LLC _ P.O. Box 2600 Winchester, VA 22604 ' Property #64 A 80 L I _ 16 Name and Property Identification Number Address E inchesterIndustrial Park LLC 119 Arbor Ct // 64 A 81 A Winchester, VA 22602 Name Winchester Industrial Park LLC 119 Arbor Ct Property // 64 A 81 B — _ Winchester, VA 22602 IIName Winchester Industrial Park LLC 119 Arbor Ct Q Property //64 A 81 Winchester, VA 22602 Name Mearkle Charlie T 1600 Millwood Pike Il Property /r64 A 83 B Winchester, VA 22602 ----� Name Frederick County Sanitation Authority P.O. Box 1877 II i -- Property //64 A 83 C Winchester, VA 22604 Name Sem eles Helen J Trustee 107 Roszel Rd P _ tl Property it 64A A 12 Winchester, VA 22601 i Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd I Property // 64A 7 1 1 Winchester, VA 22603 — Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Property /i 64A 7 1 2 Winchester, VA 22603 ENamcartley Douglas Allen 100 Stanley Dr. //64A 7 1 3 Winchester, VA 22602 Name Hartley Douglas Allen 100 Stanley Dr. Property //64A 7 1 4 Winchester, VA 22602 N�eCook Judy Belle 178 Grandview Ln. Property //64A 7 1 5 Clearbrook, VA 22624 11 Name Cook Judy Belle 178 Grandview Ln. LProp�y #64A 7 1 6 Clearbrook, VA 22624 Name Cook Judy Belle 178 Grandview Ln. Property // 64A 7 1 7 — -- — Clearbrook, VA 22624 NameCook Judy Belle 178 Grandview Ln. Property # 64A 7 1 8 Clearbrook, VA 22624 17 e and Property Identification Number Address FNameRavenwing Homowners Assoc Inc 9990 Fairfax Blvd Ste 200 Fairfax, VA 22030 — i prtyii64G 2 1 63A Name Lambert Kelsa R Property # 64A 7 1 10A 1411 Millwood Pike i Winchester, VA 22602 Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 11 A I Nan,e Lambert Kelsa R --]Winchester, 1411 Millwood Pike VA 22602 Property A 7 1 12A Name Spence Andrea L 1427 Millwood Pike Winchester, VA 22602 L Property # 64A 7 1 13 [NaiiieSpence Andrea L #64A 7 1 14 1427 Millwood Pike,Property Winchester, VA 22602 ijrNaineLoy David W 1441 Millwood Pike Winchester, VA22602 f rty #64A 7 1 15 Pram.c�ave nwing Homeowners Assoc 9990 Fairfax Blvd. Ste 200 Fairfax, VA 22030 ty #64G 2 1 52A Name Richmond American Homes of VA Inc 12220 Sunrise Valley Dr. Reston, VA 20191 Property # 64A 1 17 Name Fisher Lloyd Est 813 N 18th St. Harrisburg, PA 17103 Property # 64 A 1 16 NiameSweetwater Properties LLC Property # 64 A 122 1581 Pine Hall Rd Mathews, VA 23109 I ��ameShenadoah Valley Electric PO Box 236 Mt Crawford, VA 22841 Property 1164 A 124A Name Perry Engineering Co Inc II I'ri operty # 64 A 123 1945 Millwood Pike Winchester, VA 22602 Engineering Co Inc NNaa 1945 Millwood Pike Winchester, VA 22602 —Perry I'l operty P 64 A 123A 17 �i Name and Property Identification Number I Address Name Perry Engineering Co Inc 1945 Millwood Pike VA 22602 fProperty.464 A 124 _—Winchester, � Name Palma Paul Gregory_ 5814 Borden Grant TO Raphine, VA 24472 906 Hunting Ridge Rd Winchester, VA 22603 [Pmp,rtyi,64 A 125 Nai»eKennan Kelly Renee Property #64 A 132 i Name. Napoli LLC 1345 W Reservoir Rd Woodstock, VA 22664 345 W Reservoir Rd Woodstock, VA 22664 _- iL Property 1r 64 A 133 Name Napoli LLC Property # 64 A 134 NanivShillingburg Gary W 1761 Millwood Pike Winchester, VA 22602 Property #64 A 135 Name Property ## Name Property # Name — Il Property Property ## Name II Property # � Nam --- I Property # Name _ -- -- —_ I, Property It I Name --- II Property # -- [rl COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwvir•fcva.us ✓4 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: One Logistics Park, LP Name or Property Owncr/Applicant Please note: If dtc property owner/applicant is un entity, the name of the entity should appear above ffmultiple persons own the property or are applicants, on executed power of attomey from each owner will be needed c/o The Meridian Group, 3 Bethesda Melro Center, Suite 1400, Bethesda, MO 20814 (301) 718.0800 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 64-A-83B do hereby make, constitute, and appoint: Gary E. Block (Name el Ationlcy-in-fact c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814 Mailing Address of Attorney -In -Fact (301)718-0800 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have If acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: Q✓ Rezoning Subdivision e Conditional Use Permit Site Plan Master Development Plan (prelim, or final) 11 Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind o modify it. Signature , Title (if signing n behalf of an entity) earmeg an cA (^ t 0 State of "'i ' r C i County/City of 14l at'l6 I It I �_,'fo wit: 1, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument persnnally appeared b fore me and has acknowledged the same before me in the jurisdiction aforesaid this _01to day of SIC L 2021 ' ����`� GRq'7r,Gommission Expires: Nota y u tc ' c`Q ssioti'^$gi�ation Number: `nn °Ua! �C' 0'ifFRY �J1f;tilt!! O ' 0 Fred Seth T. Thatcher, Commissioner of the Revenue iless [)I\ 1"'1011 t llldl� JZ:,__i 1_�l.11� Dr, I�'lUll c'-lll,lil 1'lriV11:11 P1'S1Division .vow ('t11111111»llllIL'I of the 1ZC\CI1LIC View Map Property Record Card ONE LOGISTICS PARK LP & C/O 64 Owner(s): MERIDIAN GROUP Account#: 8044630 Map#: A 83B Property Information ONE LOGISTICS PARK LP C/O MERIDIAN GROUP 3 BETHESDA METRO CENTER STE 1400 BETHESDA, MD 20814 6306 "',d/ l fln;l 'l t.! tE 3.16 Acres t. 1600 MILLWOOD PIKE WINCHESTER, VA 22602 Return to Search Screen Return to Select Name 3.16 ACRES R4 $520,000 SHAWNEE 22 0002590 DETACHED GARG COMP 7/1 ADJ BSMT 5/16 MR Generate Printer Friendly Version P(zo°(- Or fitrre--;C f,4/d- Virginia Frederick H lf,00ku a Faxes i .vi, ;c z:!• n r:. ,A Prope'ty R "d; Estee n, r?.a •;U` Plo On;ions.. .,....., Dept/I'icket# RE2021 / 265770001 Name MEARKLE CHARLIE T Name Address 1600 MILLWOOD PIKE WINCHESTER VA Zip 22602 4377 Penalty Paid $0.00 Real Estate Ticket Detail Previous 2021 REAL ESTATE Frequency 1 Map# 64 A 83B Bill Date 04/23/2021 Due Date 06/07/2021 Desc 3.16 ACRES Supplement# 0 Account# 8044630 Acreage 3.160 Improvements $495,200.00 Land Value $81,000.00 Land Use $0.00 Minerals $0 00 Interest Paid $0.00 Last Transaction Date 05/25/2021 Current PaNnientSlatus Y Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,757.41 ($1,75741) $0.00 $0.00 $0.00 %00 Transaction History Date Type Transaction# Amount Balance 4/23/2021 Charge 0 $1,757.41 $1,757.41 5/24/2021 Principal Paid 14726 ($1,757.41) $0.00 rPrevious i (ZOOC 0� ` A-w PA( Ptcsluf�ck llume ? 1'l'd1 (C r. C'- i 1' 11 v. V'I-o'*t1ia Iookup Taxes=� F'd r'ni -N Horn± Personal P. :,pe'-+y R&'a: FSti.S, f Pr.th^ V. nr..tlr•pla ., 1 F rC 0' i�pt11J^c slo i P;1 ti( _mange, Email Dept/Ticket# RE2021 / 265770002 Name MEARKLE CHARLIE T Name Address 1600 MILLWOOD PIKE WINCHESTER VA Zip 22602 4377 Penalty Paid $0,00 Original Bill S1,75T41 Date 4/23/2021 11/15/2021 Real Estate Ticket Detail Previous ; 2021 REAL ESTATE Frequency 2 Map# 64 A 83B Bill Date 04/23/2021 Due Date 12/06/2021 Desc 3.16 ACRES Supplement# 0 Account# 8044630 Acreage 3.160 Improvements $495,200.00 Land Value $81,000.00 Land Use Minerals Interest Paid $0.00 Last Transaction Date 11/15/2021 Current Pavment Status Payments Principal Balance Due Penalty ($1,757.41) 50.00 $0.00 ape Charge Principa Interest Balance Due $0.00 >0.00 Transaction History Transaction# Amount Balance 0 $1,757.41 $1,757.41 F, ( Seth T. Thatcher, Commissioner of the Revenue �� Gh� + '_l-; url r Z'i:ii.�.�.iiiij l:>:� � ' �2t�.1'11t�i1 C'.•tliait���S'i.?S!!.� �T.�RI_!:4'; ) b'+ti,,n r, ?e Property Record •ew p Card Owner(s): MEARKLE CHARLIE T Account#: 8044630 Map#: 64 A 83B Property Information Assessment Values Acreage Description Building Irtormation Sketch Other Improvements Sales Information Transaction History 0ooner• MEARKLE CHARLIE T Owner Addre s.s 1600 MILLWOOD PIKE WINCHESTER, VA 22602 4377 Total Lund -1 reu 3.16 Acres Proj)ert)• .4ddre.ss 1600 MILLWOOD PIKE WINCHESTER, VA 22602 Generate Printer friendly Version Legal Description(s) 3.16 ACRES Zoned R4 Prior-1.ssesxnrent $520,000 Nla, isterial I)AIrict SHAWNEE lnstruruent 4 19 0004569 Remarks DETACHED GARG COMP ADJ BSMT 5/16 MR J re Y a Seth T. Thatcher, Commissioner of the Revenue View Ma- Property Record Card Owner(s): MEARKLE CHARLIE Account#: 8044630 Map#: 64 A T 83B Sales Information DICK 5/15/2019 $525.000 19 0004569 DONNA 1 C Generate Printer Friendly Version Prepared by: Return to Mata & I fill PLC Andrew P. Hill, VSB No. 80474 Terra Nova Title & Settlement Services 1 211 Connecticut Avenue NW, Suite 401 Washington, DC 20036 Grantee's address: c/o Meridian Group 3 Bethesda Metro Center, Suite 1400 Bethesda, Maryland 20814 Consideration: $7751000.00 Assessment: 5576,200.00 Tax %4ap lt: 64 A 83B Title Insurer: first American Title Insurance Company THIS DEED OF BARGAIN AND SALE, made and dated this 28th day of February, 2022, by and between CHARLIE T. MEARKLE, hereinafter called the Grantor, and ONE LOGISTICS PARK, LP, a Delaware limited partnership, hereinafter called the Grantee, WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with general Warr anti- and English covenants of title, unto the Grantee, in fee simple, the following described realty, to -wit: All of that certain lot or parcel of land, together with improvements thereon and all rights and appurtenances thereunto belonging, situate, lying and being in Shawnee Magisterial District, Frederick County, Virginia, containing 3.161 acres, more or less, being more particularly described on plat of survey dated January 24, 2006 prepared by S. W. Marsh, L.S., entitled "Minor Subdivision of the Land of Richard G. Dick and Donna C. Dick, Deed Book 568, Page 769", which said plat is attached to and recorded with Deed of Subdivision dated February 3, 2006 in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 060002436; TOGETHER WITH and subject to that certain sixty foot (60') ingress and egress easement to U.S. 50 (previously erroneously referred to as Virginia State Route 50)/U.S. 17, Millwood Pike, and that certain fifteen foot (15') private sanitary sewer easement, as set forth in the aforesaid Deed of Subdivision and shown on the aforesaid plat of survey; 1 E z. Mata &Hill e Mata &Hill AND BEING the same property conveyed to Charlie T. Mearkle from Donna C. Dick by Deed dated May 15, 2019, recorded May 17, 2019 in the aforesaid Clerk's Office as Instrument No. 190004569. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property herein conveyed. This conveyance is made subject to all easements, reservations, conditions, and restrictions of record, affecting the subject property. WITtiESS the following signatures and seals: i COMMONWEALTH OF VIRGINIA; CITY/COUNTY OF \IV" n l hr S-k , The foregoing instrument was acknowledged before me this 2022, bN Charlie T. Mearkle. Mc commission expires: Mt commission number. —I' 1 L NOTARY PUBLIC At.0,;F_ ` 13AUL 41LL NOIA^ f PU�LK; REG�ST' 4TIGti # 7o57Cr3 C0MMN4EAL_ni OF V'R,JN1A '_ . 2 dayof_}rh,�a�.. nis Instrument of N rri:ng ,,,, ,is produced to ric 071 and with cerUli(,�kledocntent thereto annexed aklmiII: • I I rar imposed by Sex. 58.1-802 of S - , ,,.I �.,'.l ti'11 ha-,e hcen paid, if assessable i Clerk ORDINANCE Action: PLANNING COMMISSION: June 15, 2022 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: July 13, 2022 Pending ORDINANCE AMENDING THE "ZONING DISTRICT MAP REZONING #03-22 ONE LOGISTIC PARK, L.P. WHEREAS, REZONING #03-22 ONE LOGISTIC PARK, L.P. submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers. The properly is located approximately one mile east of 1-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 78 1)and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property identification Number 64-A-8313; and WHEREAS, the Frederick County Planning Commission held a public llcariing oil this Rezoning oil Julle 15, 2022 and recommended approval; and WHEREAS, the Frederick County Board of' Supervisors held a public hearing on this Rezoning during their regular meeting on July 13, 2022; and WHEREAS, the Frederick County Board of'Supervisors linds the approval of this Rezoning to be in the best interest ofthe public health, safety, welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 ofthe Frederick County Code, Zoning, is aillellded to revise the Zoning District Map to rezone to rezone 3. 16+/- acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers statement bearing the signature date June 10, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the (late of adoption. Passed this 1311, day of July 2022 by the following recorded vote: Charles S. Del -liven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Josh E. Ludwig Blaine P. Dunn Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Michael L. Bollhocfer Frederick County Administrator PDRes.# 21-22 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 July 15, 2022 One Logistic Park, L.P c/o The Meridian Group 3 Bethesda Mctro Center, Suite 1400 Bethesda, MD 20814 RE: REZONING #03-22 One Logistics Park, L.P. PIN: 64-A-8313 Dear Sir: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 13, 2022. The above -referenced application was approved to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers. The property is located one mile cast of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverslone Drive (Route 1538) and west of Arbor Court and Pendleton Drive and is identified by Property Identification Numbers 64-A-83B in the Shawnee Magisterial District. The proffer statement originally dated April 12, 2022 and revision date of June 9, 2022, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Tyler Klein, AIC Senior Planner MTK/pd Attachments cc: Josh E. Ludwig, Supervisor Shawnee District I-1. Paige Manuel and Elizabeth D. Kozel, Shawnee District Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution Walsh, Colucci, Lubeley & Walsh P.C., 1 E. Market St. Ste 300, Leesburg, VA 20176 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 To be completer/ by Planning Staff- Fee Amount Paid $ Zoning Amendmen Nu nbe1 Anticipated PC Hearing Date (x Date Received 75CJ aLq Anticipated BOS Hearing Date I �. REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Namc: One Logistics Park, L.P. Specific Contact Person if Other than Above: Tom Boylan Address: c/o The Meridian Group, 3 Bethesda Metro Center, Suite 1400 Bethesda, MD 20814 Telephone: (301) 718-0800 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: tomboylan@tmgdc.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Walsh, Colucci, Lubeley & Walsh, P.C. Specific Contact Person at Firm: J. Randall Minchew Address: 1 E. Market Street, Suite 300, Leesburg, VA 20176 Telephone: (571) 209-5777 Email: Jrminchew@thelandlawyers.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney Form granting the firm or person such authority. Page 12 E • 4. Project Name (if any): One Logistics Park Addition ( (RM&Z MeffLXiC. 5. Property Information: a. Property Identification Number(s): 64 A 83B b. Total acreage of the parcel(s): 3.16 Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 3.16 Acres (whole parcel) d. CLC►'rent zoning designation(s) and acrcage(s) in cacti designation: R4 e. Proposed zoning designation(s) and acreage(s) in each designation: M1 f. Magisterial Distriet(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1600 Millwood Pike, Winchester, VA 22602 h. Adjoining Properties: Parcel ID Number Use Zoning 64 A 83 Vacant (zoned industial) M1 Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclOSLn'e of the cquitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses ofall real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. One Logistics Park, L.P., a Delaware Limited Partnership (Property Owner) TMG One Logistics Park GP, L.L.C., a Delaware Limited Liability Company (Sole General Partner of Properly Owner LLC) Please attach additional page(s) if neccssary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning ��✓ Impact Analysis Statement I� I Proffer Statement (if any) 0 Agency Comments 0 Fee 0 Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification 21 Digital copies (pdf's) of all submitted items Page 14 r� Is 7. Signature(s): I (we), the Undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize I'rederick County officials to enter the property for site inspection purposes. I (we) Understand that the sign issued when this application Is SUbmitted I11LIst be placed at the fi•ont property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best illy (our) knowledge. D�3� �z Z- Owner: ate If signing on behalf of an entity, please State name of entity and yolll• title: Owner: vl,-, �0'AShLS Leo icy: (,PGr.'CB%dQ-- C(O Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. ONE LOGISTICS PARK, L.P a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its so general partner Page 15 By: Nanle. Gary C. Block Title: Chief Investments Officer and Designated Signatory • ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained fi•om the office of the Commissioner of' Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Counly Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NamcONE LOGISTICS PARK LP 3 BETHESDA METRO CENTER SUITE 1400 BETHESDA, MD 20814-6306 Property ti64 A 83 Name Property tl Name Property # Name Property tt Name Property tl Name Property tt Name Property it Name Property It Name Property It n1 oT r : T� e e 12� S�b� ec f P2�P�y 6e ✓e �,,,�d i�,�� S 411 Q� r c zQ ej- -fete A�Pltr,q,�•�� f�� f w� r�D6 L05 1s h cS fc zoo'11- /� ee / to Ic w�l( I A-nfI-f� 4-1( recevia A, iP f-' 2c'0I'L ' Ir �rof'-- ( zm #- 0I �'1►f s r s -%e I is o( 01 I d� of,/ Lo 5 l ( O ft t t, c4 M ( rc zo �Itv ( # —A G /t2 �� S -la2 /vof,� ��JO(r( 2 C . 1UoN� o� 4- ``� ADJOINING PROPERTY OWNERS (�S� rN jZ2 �Ni Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse front the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd./loon of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Prince Frederick Group LC C/O James L Mcilvanine Jr. 6231 Leesburg Pike Ste 600 Falls Church, VA 22044 Property it 64 A 89B Name Fredericktowne Group LC C/O Richard G. Dick 130 S Cameron St. Winchester, VA 22601 Property // 64 A 89 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property #64 A 87A Name Winchester Regional 491 Airport Rd Winchester, VA 22602 Property a 64 A 79 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property //64 A 82 Name Campfield LLC 112 E Piccadilly St. Winchester, VA 22601 Property 1164 A 80 J Name Blue Ridge Industries P.O. Box 1847 Winchester, VA 22604 Property # 64 A 80 Q Name Main of Winchester LLC 1936 Millwood Pike Winchester, VA 22602 Property //64 A 80K Name R G R LLC P.O. Box 2600 Winchester, VA 22604 Property //64 A 80 L 16 LJ • Name and Property Identification Number Address Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property rr 64 A 81 A Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property m64 A 81 B Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property 1164 A 81 Name Mearkle Charlie T 1600 Millwood Pike Winchester, VA 22602 Property ;s 64 A 83 B Name Frederick County Sanitation Authority P.O. Box 1877 Winchester, VA 22604 Property rr 64 A 83 C NameSempeles Helen J Trustee 107 Roszel Rd Winchester, VA 22601 Property 1164A A 12 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Property 4 64A 7 1 1 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Property P, 64A 7 1 2 Name Hartley Douglas Allen 100 Stanley Dr. Winchester, VA 22602 Property /i 64A 7 1 3 Name Hartley Douglas Allen 100 Stanley Dr. Winchester, VA 22602 Property i164A 7 1 4 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property #64A 7 1 5 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property #64A 7 1 6 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property a 64A 7 1 7 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property r 64A 7 1 8 17 0 11 Name and Property Identification Nwnber Address Nan„e Ravenwing Homowners Assoc Inc 9990 Fairfax Blvd Ste 200 Fairfax, VA 22030 Property # 64G 2 1 63A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property g64A 7 1 10A Na»eLambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property # 64A 7 1 11 A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property . 64A 7 1 12A Name Spence Andrea L 1427 Millwood Pike Winchester, VA 22602 Proj)erty !:64A 7 1 13 Nan»eSpence Andrea L 1427 Millwood Pike Winchester, VA 22602 Property g 64A 7 1 14 Name Loy David W 1441 Millwood Pike Winchester, VA22602 Property it 64A 7 1 15 Name Ravenwing Homeowners Assoc 9990 Fairfax Blvd. Ste 200 Fairfax, VA 22030 Property #64G 2 1 52A van„eRichmond American Homes of VA Inc 12220 Sunrise Valley Dr. Reston, VA 20191 Property n 64A 1 17 Name Fisher Lloyd Est 813 N 18th St. Harrisburg, PA 17103 Property �64 A 1 16 Name Sweetwater Properties LLC 1581 Pine Hall Rd Mathews, VA 23109 Property � 64 A 122 Nan,e Shenadoah Valley Electric PO Box 236 Mt Crawford, VA 22841 Property u. 64 A 124A Nan„ePerry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property is 64 A 123 Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property �!64 A 123A 17 Name and Property Identification Number Address Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property=E64 A 124 Name Palma Paul Gregory 5814 Borden Grant Trl Raphine, VA 24472 Property 1-t64 A 125 NameKennan Kelly Renee 906 Hunting Ridge Rd Winchester, VA 22603 Property 4,64 A 132 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Property # 64 A 133 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Property ,164 A 134 Nan„eShillingburg Gary W 1761 Millwood Pike Winchester, VA 22602 Propertv;t64 A 135 Name Property Name Property ✓ Name Property N Name Property P Name Property # Name Property N- Name Property # Name Property # 17 REZONING APPLICATION #01-21 ONE LOGISTICS PARK WINCHESTER Staff Report for the Board of Supervisors Prepared: July 1, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director — Transportation Reviewed Action Planning Commission: 03/17/21 Public Hearing Held; Tabled 90 Days Planning Commission 06/02/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 277.16+/- acres from the R4 (Residential Planned Community) District with proffers to the B2 (General Business) District and the M 1 (Light Industrial) District with proffers. LOCATION: The properties are located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: The subject properties are part of the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014). Rezoning # 11-05 provided for 143 acres of commercial uses and 550 residential units on six parcels of land (Land Bay 1 — Residential, Land Bay 2 — Commercial). This application proposes to rezone the majority of the site to allow for industrial uses, with an area of commercial remaining at the intersection of Coverstone Drive and Millwood Pike (Route 50 East) and removes the residential units associated with the approved rezoning. The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan. The Plan identifies these properties with a commercial/transition and residential land use designation; these designations are consistent with the current zoning. Therefore, the requested M 1 District is generally inconsistent with the Comprehensive Plan. It should be noted that the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning approval; the plan was later updated to show the residential zoning approved in 2005. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport; the support area discourages new residential construction. The proposed elimination of the residential units would further support the goals of the Airport Support Area. The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major collector road system which provides for an east -west linkage (Coverstone Drive) which connects to Millwood Pike at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The planned phased connection from the existing terminus of Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that serves both this development and surrounding land uses. While the completion of Coverstone Drive will provide an important linkage in this area, it's important to examine the anticipated traffic generation from this proposal and its projected impact on the greater ,!:r r } Gordon O%E LOGISTICS ARK ■ISCRESTER E-911 Address Quick Search 6F, a a 0 fs S H AW N E E re- MILLWOOD STATION IZ f — i�{� ?//Ylzoz -IJ 0 1 I q,�� '�r+,. A1n•771r �w{'w m�aii -�` as y7 I 11A was I... M. aft W. =+L ��7. aq l►M� rti IN C '1��aVFJ vll�ti:.t��M� Ova Cw'�r'ys►�•,. M� h Q�q= SC .1 y'b l�—�Y1t�lpN �7 ��YY ''• Aso iir'�.ar W r!"� �►% natk Pill ldfall e �`_ �� �, ���' �i�f ,A���',p«Il"��f + !il'���iji.�t�j'i,Ul[�l'n�� ,��" `�►'Ak �„ ,r...rr �1�; tag .r,e� ..; r+ ♦ '��� ��,, �� ��f' r�r�+'�i1a1�~�✓�Te�y W ��� �� `ill d 5 M. _ r ITsaw EL it [ S 1il�i MI14 dYct PR°loaf j� LEGEND SYMBOUS ROUTE 60SITE c BOUNDAH, i' w ..00ON • • R4DISTRICT— ` 4 9 SUBJECT j �► • 1 TO APPLICATION) 0 Glow od, • ,•fwl • � ->� •, _ �� • l • � j / r 0, BORE r . 2W AERIAL OVERVIEW ONE LOGISTICS PARK WINCHESTER 1 9.3.2020 viz Gordon ...yeaw woem vn...ow.�w CO ORDINANCE ►, I:W9 lei{ �.• Action: PLANNING COMMISSION: June 15, 2022 BOARD OF SUPERVISORS: July 13, 2022 Public Hearing Held, Recommended Approval Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-22 ONE LOGISTIC PARK, L.P. WHEREAS, REZONING #03-22 ONE LOGISTICS PARK, L.P. submitted to rezone 3.16+/- acres froth the R4 (Residential Planned Community) District to the M I (Light Industrial) Districts with proffers. The property is located approximately one mile east of 1-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538), and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83B; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 15, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 13, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive 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 District Map to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers statement bearing the signature date June 10, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 13111 day of July 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Absent Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Michael L. Bolll er Frederick Co ty Administrator Res. 008-22 0 ORDINANCE Action: PLANNING COMMISSION: June 15, 2022 BOARD OF SUPERVISORS: July 13, 2022 Public Hearing Held, Recommended Approval Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-22 ONE LOGISTIC PARK, L.P. WHEREAS, REZONING #03-22 ONE LOGISTICS PARK, L.P. submitted to rezone 3.16+/- acres fi-om the R4 (Residential Planned Community) District to the M I (Light Industrial) Districts with proffers. The property is located approximately one mile east of 1-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538), and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-8313; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 15, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 13, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare, and in conformance with the Comprehensive Plan. NOVV, 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 District Map to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M I (Light Industrial) Districts with proffers statement bearing the signature date June 10, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 13"1 day of July 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Absent Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Michael L. Boll] er Frederick Co ty Administrator Res. 008-22 PDRes.#21-22 ILA 220009018 0 0 REZONING: PROFFER STATEMENT RZ #03-22: R4 (Residential Planned Community District to M-1 (Light Industrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83B (1-lereinafter the "Property") RECORD OWNERS: One Logistics Park L.P. (Hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (Former Mearkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 AMENDMENTS June 9, 2022 The undersigned owner hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in conformance with the following conditions, which shall supersede all otlier proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("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 that is in effect on the day upon which the Frederick County Board of County Supervisors (tile "Board") grants the rezoning. 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 "Owners" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer- to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by Willian] I-1. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1. LAND USE I.I. The project shall be designed to establish interconnected commercial and light industrial land bays in conformance with the GDP, and as is specifically set forth in these proffers. Minor modifications as necessary upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. Pagel of 8 0 0 2. TRANSPORTATION 2.1. The public roadways proposed on the Property shall be constructed in the locations depicted on the GDP. Minor modifications, as necessary upon final engineering, including but not limited to land bay ingress/egress and intersection alignments, must meet the intent of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Coverstone Drive as in urban four -lane divided collector road with turn lanes as warranted within an approximate 102' right-of-way in accord with the phasing schedule referenced\below. Prior to the commencement of the Phase 1 improvements referenced below, the Owners will bond the construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond documents approved by the County Attorney and requiring this bonded construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. The Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase 1 shall consist of the full urban four -lane divided collector road section, including a ten -foot shared -use asphalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be constructed to a minimum base asphalt prior to issuance of a certificate of occupancy for any building within Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary improvements, including signalization if or when warranted by VDOT, to create a four- way intersection, or alternative intersection, subject to VDOT approval, at the existing intersection of Inverlee Way and Millwood Pike as shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase 1, the Owners shall seek VDOT permission to install the signalization and leave it dark until such time as VDOT determines the signalization to be warranted. Additionally, the Owners shall close the existing Millwood Pike crossover previously used for access to the golf course concurrent with Phase 1 improvements. PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of Coverstone Drive from the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, including a shared -use asphalt trail on the east side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and shall be completed prior to issuance of a certificate of occupancy for any use on Land Bays 5 through 8. This two-lane Phase 2 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate northbound lanes used for two-way traffic, with a lane transition to the Phase 1 four lane section. PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of Coverstone Drive from the Pendleton Drive intersection to the existing Page 2 of 8 • 0 Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP, including transition to the existing four -lane section and a shared-usc asphalt trail to the south/east of the roadway. Phase 3 roadway improvements shall be completed prior to issuance of a certificate of occupancy for ally use oil Land Bays I or 2 and no later than issuance of the certificate of occupancy for new construction on the Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half section shall be subject to final engineering and VDOT approval and shall include the two ultimate eastbound lanes used for two-way traffic, with a lane transition to the existing four lane section. PHASE 4: Phase 4 shall consist of construction of the remaining two -lanes of the full urban four -lane divided section of Coverstone Drive previously constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to the existing Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above -referenced phasing plan for the construction of Coverstone Drive, following completion of the Phase 1 construction of the full urban four -lane divided collector road section of Coverstone Drive from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP, if and when any entrance points on Coverstone Drive south of these Phase 1 improvements are proposed, the continued southward construction of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed 10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full construction of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The term "Heavy Vehicle" shall be defined as per FHWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In order to ensure compliance with this Proffer 2.3, the Owners shall provide a vehicle classification count to Frederick County, including Heavy Vehicle counts, not later six months after the issuance of the first certificate of occupancy for new construction on the Property in either Land Bays I and 2 or any new construction that yields a minimum cumulative aggregate of 1,600,000 square feet of new construction on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum two- lane urban local roadway with an approximate right of way width of 60' to provide access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance of the first occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel Page 3 of 8 • identified as TM 64-A-83B. The Owners shall maintain an access easement for this residential driveway until such time as this residentially zoned parcel is rezoned for non- residential uses. If this residentially zoned parcel is rezoned by others for non-residential uses, an interparcel access linkage shall be provided. No new commercial access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All off -site road improvements shall be designed to the latest VDOT standards, unless othem,ise approved by VDOT in general conformance with the submitted impact study. Off -site improvements shall be constructed as depicted on the GDP as follows: 2.6.1: Pastern improvements shall consist of improvenents at the intersection of Millwood Pike/Inverlee Way/Coverstonc Drive and shall be completed coincident with the Coverstone Drive construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound Millwood Pike dual left turns to Coverstone Drive, and c) Northbound Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements shall consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident with new construction that yields a total aggregate new Construction amount on the Property in excess of 1,600,000 square feet and shall consist of the following improvements: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and subject to VDOT approval. In furtherance of this commitment, a VDOT Traffic Signalization Agreement, attached as Exhibit 1 hereto shall be executed and submitted to VDOT prior to the first site plan approval. Pursuant to this VDOT Traffic Slgnallzation Agreement, the Owners shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new development on the Property. If warranted, this installation will occur once Proffer 2.2 Coverstonc Drive Phase 2 and Phase 3 improvements have been completed. In the event that this traffic signalization warrant study shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Page 4 of 8 • Costello Drive are not present at that time, the Developer shall prepare and submit a second traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of Occupancy for new Construction that yields 2,000,000 square feet in new development oil the Property. In the event this traffic signalization is still not warranted by VDOT at that time, the Owners will provide a Cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors once the VDOT Signalization Agreement has expired and is nonrenewable. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of rezoning approval. 2.6.3: Northern improvements shall consist of improvements at the intersection of Millwood Pike and Prince Frederick Drive and shall consist of the following improvements: Construction of an additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right turn lane, including modifications to the existing signal and geometric improvements of the crossover, and shall be completed coincident with new construction that yields a total aggregate new Construction amount on the Property in excess Of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site transportation improvements described in Proffer 2.6 shall be contingent upon its acquisition of the off -site right-of-way and necessary easements required for these improvements. The Owners shall seek to acquire all off -site right-of-way and necessary easements by private means at fair market value. In the event the Owners are not able to acquire this needed off -site right-of-way and necessary easements required for these proffered improvements, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribution at that time to the County for the appraised right-of-way acquisition values of these off -site rights -of -way and the estimated construction costs of those off -site transportation improvements it is not able to construct for use by the County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the Board of Supervisors. The constriction cost estimate shall be subject to review and approval by the County. This cash contribution shall coincide with the thresholds that triggers the off - site road improvement as identified in Proffer 2.6 2.8. Any future transportation analyses required for the Property shall utilize the Land Use Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential use. Determination on alternative land uses shall be scoped with VDOT and approved in writing prior to submission of site plan. Page 5 of' 8 • 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' public pedestrian -bicycle asphalt trail, to Virginia Department of Transportation (VDOT) standards, generally along the southeast side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed to VDOT standards along the extension of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash contributions to support Frederick County fire and rescue services in the amount of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial building area sliall be paid by the Owners to the County at time of issuances of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. The Owners shall be responsible for connecting the Property to public water and sanitary sewer. All water and sanitary sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase A, the Owners, will conform with all appropriate Frederick Water regulations at time of site plan to address concerns regarding the inundation of three existing sanitary sewer manholes (1184, 84A, 85). The subject manholes are located south of Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. The Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURE APPEAR ONTHE E FOLLOWING PAGES Page 6 of 8 0 E, ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chief Investments Officer and designated signatory STATE OF KWN W1 COUNTY/CITY OF to -wit: The foregoing Proffer Statement was acknowledged before me this day of �1 Wit , 2022, by Gary E. Block, who acknowledged that he cxccuted the foregoing Proffer Statement with the full power and authority to do so. My Commission Expires: Notary Registration # _ q4A I 0%1111111/11" \NE G RqCcc \ otary Public o�s�` N< � m = B�\G 00, G.;F Page 7 oi'8 0 Exhibit I VDOT Traffic Signalization Agreement Page 8 of 8 • 0 Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of an Off -site Traffic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #ol-2i on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new (L0281695.DOC / 1 VDOT Off -site Signallzation Agreement 000721 000096)1 0 • development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)2 IV Board of Superx isors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application 401-21. 4. Notwithstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (i00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE (1-0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)3 Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: k::� Name: Gary E. Block Title: Chieflnvestments Officer and designated signatory Virginia Department of Transportation Address: By: X Residency Administrator (L0281695.DOC / 1 VDOT Off -site Signalizatlon Agreement 000721 000096)4 M TES I / SE !- \ �I ROOOPLA N LIMITS (TYP ) LOATS OF APPROVED"0,-=, (*YP ) +oP RDAo POW fPER TM am* ,Sp WICTTVE L AREAIMJ ROAD EFF,CIEA (PER APr" l 1 1 APPROX. LAND GAY UNITS • , LAND SAY 1, NUMBER ITYP-) Mt 1 EXISTING IlELwm PGQ - us TREE SAVE 1 LAVE fAREA ITYP) W w,CnvE LANDSCAPE _ _ _ _ - "• (ROAD EPFICEYCY GUPEER r,. I` DISTRICT "-' A APVR ovED L WD � (tl2.5 AC) �$• DUFFER g 'a \, =�t X% TREE SAVE SAVE AREA COVERS TONE DRIVE (PER APPROVED RZA OI'7,) `� EXISTING LIGHT INDUSTRIAL DISTRICT (t264 72 AC) \ . r %_ •,��� - 1 PHASE A \ 1 t134.67AC � , L LA PP , - (TYP) , j-- 1 USE TRAIL (PER APPROVED REP 01S1) GENERALIZED DEVELOPMENT PLAN 03.1 5.2022 PNI. APPROVED Rb - - — - - — - - -' �Jr TREE GANG, • !� AREA QMJ Rto ... ,,;,,. `PEr •: , �y .•P' LIMITS OF Y+ (tvp) r10N 11 . PRoraGEo \ LAND SAY MI •LION wusrRut onrmcr 1 NUMGER '•„'; LAM OF 11 APPROX LAID SAY —J— 1 � � 1 1 � 1 � 1 1 % GRAPNDAL SCMi f T Y •A� •'r �.-. __ �_-a,�:YT _Y-'-�.'�-tea_- f •s Y Ic/ 1 Imo w� FUTURE AIRPORT EIDkN3.0N - .., ♦-..�. ELjTVRE AI=E-- ' • HESTERR6G1ONAIAIRPORT _ ' —�I --- 7- -- --_— ONE ONE LOGISTICS PARK WINCHESTER Gordon 0 • I1��, j- J RU1•i'LHT 2—'2'000707 B 1RUEU Tid THE CLERK'S OFF— OF REC[ FREUERI:C,K CIRCUIT COURT 014 RFEll ECCA P. HOGAN CLERK RECORUE D BY ` Ai W haq • • PROFFER S'I'A'I'LMEN'h REZONING: RZ # : R4 (Residential Planned C0111111L1111ty District to M-1 (Light In(Iustrial) PROPERTY: 3.16 Acres Tax Map & Parcel 64 A 83 (hereinafter the "Property") RECORD OWNERS: One Logistics Park, L.P. (hereinafter the "Owner") APPLICANT: One Logistics Park, L.P. PROJECT NAME: One Logistics Park Winchester (former Mcarkle Property Addition) ORIGINAL DATE OF PROFFERS: April 12, 2022 'file undersigned owner hereby proffers that the use and CICVCIOI)IIICIlt of the subject property ("Property"), as described above, Shall be Ill collformancc with the followilig collditiolls, Which shall superscdC all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are c011tlllgellt upon final rezoning of the Property with "Final Rezoning" clefineci as that rezoning that is in effect on the day upon which the Frederick County Board Of County Supervisors (the "Board") grants the rezoning. 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 illlpl'Oveillcllt or other proffered requirement, unless otherwise specified herein. The term "Owners" as referenced herein shall incluCle within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan - One Logistics Park Winchester" prepared by William I -I. Gordon Associates, Inc., (the "GDP") revised March 15, 2022 1. LAND USE l.l. The project shall be designed to establish interconnected commercial and light industrial land bays in collforlllallcc With the GDP, and as is specifically set forth in these proffers. Minor modifications as nccessar}/ upon final engineering, must meet the intent of the proffers and receive Director of Planning approval. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 1 of 8 i • 2. TRANSPORTATION 2.1. The public roadways proposed Oil the Property Shall be constructed Ill the locations depicted on the GDP. Minor modifications, as necessary upon final enginccring, illClUding but not linllted to land bay ingress/egress and intersection alignnlcntS, I1lUSt Meet the IlltCllt Of the proffers and receive Director of Planning and VDOT approval at site plan or road plan. 2.2. The Owners shall design, construct, and dedicate Coverstonc Drive as all Urban ('our -lane divided collector road with turn lanes as warranted within an approximate 102' right-of-way in accord with the phasing Schedule referenced below. Prior to the commencement of the Phase 1 improvements referenced below, the Owners will bond the construction of the full urban four -lane divided Collector road section of Coverstonc Drive From Millwood Pike to the existing Coverstonc Drive connection at 1080 Coverstonc Drive (TM 64-A-87A) as depicted on the GDP using performance agreement and corporate surety bond CIOCLIIIIelItS approved by the County Attorney and rcgLlll'lllg this bonded Construction work to be completed within three (3) years of approval of the construction plans by Frederick County and VDOT. 'file Owners may at their option also build this road ahead of the requirements of the phasing schedule. PHASE 1: Phase I shall consist of the full urban four -lane divided collector road section, IIICILldillg a tell -foot SllarCCl-LISC aspllalt trail, from Millwood Pike to the south boundary of Land Bay 3, as depicted on the GDP. This roadway shall be Constructed to a I11111IlllUm base asphalt 1)1'101' t0 ISSUallce of a certificate of occupancy For any bUllCllllg within Land Bays 3 or 4. Phase I improvements shall consist of all necessary improvements, I1ICILICl111g Slglla117_at1011 If or when warranted by VDOT, to create a four- way intersection, or alternative intersection, SLlbject to VDOT approval, at the existing intersection of Illvel'lcc Way and Millwood Pike as Shown on the GDP. In the event VDOT does not find that this signalization is warranted at Phase I, the Owners shall seek VDOT permission to install the Slgnall-J_ation and (Cave It dal'l< UIItil SLICII t1111c as VDO f determines the signalization to be warranted. Additionally, the Owners shall close the existing Nfillwood Pilcc Crossover previously used for access to the golf COLII'SC COIICLII'1'Cllt With Phase I Illlp1'0VCI11ClltS. P1-IASE 2: Phase 2 shall consist Of construction of a two-Ia11C Urban half section of Coverstonc Drive front the south boundary of Land Bay 3 to the Pendleton Drive intersection as depicted on the GDP, Lllcludnlg a shared -Use asphalt trail on the east Side of this roadway. Phase 2 roadway improvements shall provide additional access to Land Bay 4 and Shall be completed prior to issuance ofa certificate of occupancy fol' ally LISC oil Land Bays S through 8. This two-laile Phasc 2 half scctioll Shall be SUbICCt t0 filial engineering and VDOT approval and shall include the twO Ultimate northbound lanes used for twO-way traffic, with a lane transition to the Phase I FOLII' lane section. PHASE 3: Phase 3 shall COl1SISt Of COIIStl-LICIIOII Of a tivo-lane urban half section of Coverstonc Drive from the Pendleton Drive intersection to the existing (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 2 of 8 Coverstonc Drive connection at 1080 Coverstonc Drive (TM 64-A-87A) as depicted on the GDP, IIICILIdlllg tl'allSIti011 to the existing four -lane section and a shared-Llsc asphalt tl'ail to the south/CaSt Of the roadway. Phase 3 Toad\Vay improvements Shall be completed prior t0 ISSLIallee Of a certificate Of Occupancy for any use On Land Bays 1 or 2 and no later than issuance Of the Certificate Of Occupancy for llC\v C011Stl'uction On the Property that exceecls 1,600,000 square feet. This two-lane Phase 3 half Section Sllall be SLIbICCt to f mal engineering and VDOT approval and shall IIICILICIC the t\VO LlItilllatC castbOullCI 1[111CS LISCCI for two-way traffic, with a lane transition to the existing foL11' lane section. PHASE 4: Phase 4 Shall COI1SISt Of COr1Stl'LlCt1011 of the remaining two -lanes Of the full urban f fir -lane clivicicd section of Coverstonc Drive previously constructed in Phases 2 and 3 f1'0111 the SOLIth bOLlrldar'y of Land Bay 3 to the existing Coverstonc Drive connection at 1080 Coverstone Drive (TM 64-A-87A) as depicted on the GDP. Phase 4 roadway improvements shall be completed prior to issuance of a certificate of occupancy for any new construction on the Property that exceeds 2,000,000 square feet. Notwithstanding the above-referellcCCI pllaslllg plall f61' the construction Of Coverstone Drive, following Completion of the Phase I construction of the full urban four -lane diviCled Collector road section of Coverstone Drive from Millwood Pike to the south boundary of' Lancl Bay 3, as depicted on the GDP, if and when any entrance points on Coverstone Drive south of these Phase 1 improvements are proposed, the C011tillUCd SOL1tll\Vf11'Cl COIIStl'LICti011 Of Coverstone Drive as a full urban four -lane divided collector road section to those entrance points shall Occur concurrent with site plan development proposing use of those entrance points. 2.3. Notwithstanding the foregoing Proffer 2.2 I)IlaSlllg SC11CClule for the COnstl'uction Of Coverstone Drive, if vehicle per clay (VPD) traffic counts On Coverstone Drive exceed 10,000 VPD total or if' Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on Coverstone Drive, south of Land Bay 3, then the Owners Shall complete the full CollstructIOII of Coverstone Drive as an ultimate full urban four lane section from Millwood Pike to the existing eastern terminus of COVeI'Stone Drive (1080 Coverstone Drive (TM 64-A-87A) prior to issuance of any further certificates Of OCCLIpancy. Tile ter111 "Heavy Vehicle" shall be clefined as per FI-IWA Classification Type 4 or higher (6 tires, or multi -axle vehicle). In orcler to ensure Compliance with this Proffer 2.3, the Owners shall provide a vehicle Classification count to Frederick County, including I-Icavy VClliCle Counts, not later six months after the issuance of the first certificate Of occupancy for new construction On the Property in either Land Bays I and 2 or any new construction that yields a lllillr111L1111 cumulative aggregate of 1,600,000 square fleet of new ConStRlCtion on the Property 2.4. The Owners shall design and construct the extension of existing Pendleton Drive to Coverstone Drive, as shown on the GDP. 'fhc proposed extension will be a nlininutlll two- lane urban local roadway with all appl'Oxllllate Tight of \Vay width of 60' to provicle access to enll)IOynlent uses within Phase B (Land Bays 5 through 8). The Pendleton Drive extension shall be constructed prior to issuance Of the first Occupancy permit within Phase B. 2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP, with the exception of the private driveway currently serving the residentially zoned parcel (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 3 Of 8 • identified as TM 64-A-83I3. The Owners shall maintain an access Casement For this residential driveway Lentil such time as this residentially zoned parcel is rezoned for non- residential LISCS. If this 1•CSICICIltlally zoned parcel IS rezoned by others f01' Ilon-residential uses, an intcrparcel access linkage shall be provided. No new commercial access to Millwood Pike Is proposed and the existing driveway t0 1600 Millwood Pike (TM 64-A- 8313) will not be used for site access. 2.6. All of( -site road improvements Shall be designed to the latest VDOT standards, unless otherwise approved by VDO'F in general Coll101•I11,111CC With the Submitted impact study. Off -site improvements Shall be constructed aS depicted On the GDP as follows: 2.6.1 : Eastern improvements Shall consist Of Illlpl' M11CIllS at the intersection of Millwood Pike/Invcrlee Way/Coverstone Drive and shall be completed coincident with the Covcrstonc DrivC Construction described in Proffer 2.2, Phase 1, and shall consist of the following improvements: a) Eastbound Millwood Pike right turn lane to Coverstone Drive, b) Westbound MIIIWOOCI Pike dual left turns to Coverstone Drive, and c) NorthbOLllld Coverstone Drive dual lefts to Millwood Pike 2.6.2: Western improvements Shall Consist of improvements at the intersection of Prince Frederick Drive/Costello Drive and shall be completed coincident With ncW ConStRICtion that yields a total aggregate new COIlSt1•LICtIOII anloLIllt On the Property in excess of 1,600,000 square feet and shall consist of the following inlprovenlents: a) Northbound Prince Frederick Drive left to Costello Drive, and b) Installation Of traffic slgnall7_at1011 at the IlllCl•sectioll Of Prince Frederick Drive and Costello Drive, if deemed warranted by VDOT and Subjcct to VDOT approval. In fuI'lherancc of this commitment, a VDOT Traffic Slgnalization Agreement, attached as Exhibit I hereto shall be CXCCuIed and submitted to VDOT prior to the first site plan approval Pursuant to this VDOT Traffic Slgnahzatioll Agreement, the Owners shall prepare and Submit a traffic Signalization Wal'rant study to VDOT and Frederick County to determine \VI1ClIlCI' IIIIIlill1L1111 sufficient warrants exist for installation of' traf f IC slgnallzation at the intersection Of Prince Frederick Drive and Costello DrivC prior to issuance of the first certificate Of Occupancy for IICw construction that yields 1,600,000 square feet of new development on the Property. If' warranted, this installation Will occur once Proffer 2.2 Covcrstonc Drive Phase 2 and Phase 3 improvements have been completed. III t1le CVCIII that tIIIS tl'af f IC SlgllallZat1011 Wal•rallt Stlldy ShOWS that millinluill Sufficient warrants for installation Of traffic (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 4 Of 8 • 0 signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer Sllall prepare and submit a second traffic signalization warrant SIUCIy to VDOT and Frederick County to determine whether I11IIlilllLl111 Suf(icicnt warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuancC Of the first certificate of occupancy for 11C\v Construction that yields 2,000,000 square feet in new development on the Property. Ill the cvcIlt tills traffic signalization is still not warranted by VDOT at that time, the Owncrs will provide a cash contribution Ill the a1110U11t TWO I-Illlldl'CCI ThOLISalld Dollars ($200,000) to 171'CCIffiCk COLlilty for regional roadway improvements off -site in the Millwood Pikke corridor as determined by the Board of Supervisors OncC the VDOT Signalization Agreement has expired and Is nonrenewable. This cash contribLlt1011 Sllall be escalated per the Consumer Price Index (CPI-U) forward fl'oill the date of' rezoning approval. 2.6.3: Northern improvements Shall colisist of Illll)I'ovclllclltS at the intersection of Niill\vood Pike and Prince Frederick Drive and shall consist of the Following improvements: Construction Of all additional lane on northbound Prince Frederick Drive to provide a dedicated left, left/through, and right Will lane, including modifications to the existing signal and geometric impromi-icIlts of the crossover, and shall be COIllpletcd colllcidCllt with lie\v construction that yields a total aggrcgatc ne\\' C011StRiCtion aillOLlllt oil the Property in excess of 1,600,000 square feet. 2.7. The Owners' obligations to complete the off -site tl'ansportatioil improvements described in Proffer 2.6 shall be Contingent upon its acgUISltlon of the Off -Site right-of-way and I1Ccessary Casements required for these llllprovC nentS. The Owners Sllall seek t0 acquire all off -site right-of-way and necessary casements by private means at fall' market \'£title. Ill the CVC11t the Owners are not able to acgLlil'C this needed Ol f-SIIC right -Of -Way and necessary easellicllts required for these proffered inlprovenlcnts, the Owners shall instead provide alternative satisfaction of its proffered obligation to construct these off -site improvements by providing a cash contribUll011 at that time to the County for the appraised fight -Of -Way acgLllSiholl values of these off -site rights -of -way and the CStinlated Construction Costs of those off -site transportation improvements it IS not able to COIIStrLICt for use by the COLlilty for regional roadway improvements off -site in the Millwood Pike Corridor as determined by the Board Of SLII)CI'VISOI'S. The COIIStrLICti011 cost estimate Shall be SUbJect t0 rcvicW and approval by the County. This Cash COIltrlbUlloll Shall collicicle \vltll the diresllolds that triggers the off - site Toad lillpl'oNielnent as identified in Proffer 2.6 2.8. Ally fLltLn'C transportation analyses rcgL111'CCl fol' the Property Sllall Utilize the Land Use Code per the latest version of the I."f.C. Trip Generation Manual for any non-residential use. Determination on alternative land uscS shall be scopcCl with VDOT and approved in Writing prior to submission of site plan. (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 5 Of 8 • 3. PEDESTRIAN TRAIL SYSTEM 3.1. The Owners shall design and build a 10' pLIbIIC puicstrian-bicycle asphalt trail, to Virginia Department of Transportation (VDOT) stan(lar(Is, generally along the south/east side Of Coverstone Drive. A crosswalk connection to the existing asphalt path to the west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be COIlStrLlcted to VDoT standards along the extension Of Pendleton Drive. 4. FIRE AND RESCUE 4.1. Cash Colltl'IbLltiOIIS to SLII)1)01't FI'C(ICI'lek COLlilty fire and I-CSCLIC SCI-VICCS ill the amOLlllt Of 011e 1-11.1ndred Dollars ($100) for every 1000 SgLlal'C feet of commercial and/or IIICILIStl'lal building area shall be paid by the Owners to the County at tinge Of issutulCCS of certificates of occupancy for each building. 5. WATER AND SANITARY SEWER 5.1. Tile Owners shall be responsible For connecting the Property t0 public water and sanitary sewer. All water and Sallltary sewer infraSUvettu'C shall be constl'ucted ill accordance with the requirenlentS Of the FI'eCICi'iCl( County Sanitation Authority. 5.2. Prior to the first water Or SC\VCI' C0III1CCtiOII to the pLIbIIC System for occupancy ill Phase A, the Owners, will conform with all appropriate Frederick Water regulations at tinge of' site plan to address concerns regarding the IIIUIIClation Of thrcc existing sanitary sewer manholes (IM, 84A, 85). The Subject manholes arc IOCatCCI south Of' Millwood Pike, adjacent to an existing pond within the project limits. The pond is located south Of Millwood Pike, west of the proposed Coverstone entrance. 6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 6.1. The Owners shall conduct, Or cause to be conducted, a Phase I Archaeological Investigation of the Property prior to the approval of the first final site plan for the Property and shall Complete Phase 11 and Ill investigations thereof as may be demonstrated to be necessary by the Phase I study. 7. ROAD EFFICIENCY BUFFER 7.1. 'file Owners shall provide an additional 50' to the Road Efficiency Buffer for the portion of the site within Phase A as depicted on the GDP. SIGNATURES APPEAR ON TIE FOLLOWING PAGES (L0281G90.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 6 Of 8 r ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GI', L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chief Investments Officer and designated signatory STATE OF ) COUNTY/CITY OF ) to -wit: The foregoing Proffer Statement was acknowledged before me this day of , 2022, by Gary E. Block, who acknowledged that fic cxecutcd the foregoing Proffer Statement with the full power and authority to do so. Notary Public My Commission Expires: Notary Registration # _ (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721000096)Page 7 of 8 0 Exhibit 1 VDOT Traffic Signalization Agreement (L0281690.DOCX / 1 One Logistics Park (Mearkle Addition) draft proffers 4-12-2002 000721 000096)Page 8 Of 8 is Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of an Off -site 'Traffic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient Narrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)1 development in the Project. If VDOT determines that this traffic signalization Warrant study demonstrates that minimum sufficient Warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance With VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization Warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient Warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization Warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer Will provide a cash contribution In the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096)2 0 • Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. Notwithstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive folloNving the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning N"rith the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-ivay. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord N,6th this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (t00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE {L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 000096}3 • Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chief Investments Of and designated signatory Virginia Department of Transportation Address: By: Residency Administrator (L0281695.DOC / 1 VDOT Off -site Signalization Agreement 000721 0000960 . � MRevised 05/17/06 nu1'.!jm(vrY COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of an Off -site Traffic Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 and Rezoning Application #03-22 on the south side of Millwood Pike (Route 50) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord vvith the Rezoning Application #01-21 and Rezoning Application #03-22 approvals and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection NAll not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such mininitlnl sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether inin1111Li111 sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of 1 occupancy for neNv construction that yields i,600,000 square feet of new development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance wvith VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-�vay. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shmvs that minimum sufficient \varrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization Nvarrant study to VDOT and Frederick County to determine whether minimum sufficient Narrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-tvay. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($2oo,000) to Frederick County for regional roadway improvements off -site in the Millwood Pile corridor as determined by the 2 • 0 Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. Notwithstanding the foregoing, VDOT may, at any time on its oNvn initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive folloNNring the commencement of construction of the Project by the Developer. If at that time or at an.), such time for a period of five (5) years beginning Nvith the commencement of construction of the Project by the Developer and eliding prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signallzatlon immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit alloNving for this traffic signalization installation to be clone in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5 In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord Nvith this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (l00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE 3 U • Developer: ONE LOGIST ICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general parhzer By: Name: Gary E. Block Title: Chief Inveshmenls Ofrcer and designated signatory Virginia Department of Transportation Address: By: x , Residency Administrator 11 LOCATION MAP a SCALE I" = 20Ou' SITE NOTES: 1 \ 1 1 1. MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING, INCLUDING BUT NOT LIMITED TO LAND BAY INGRESS/EGRESS AND INTERSECTION ALIGNMENTS, MUST MEET THE INTENT OF THE PROFFERS, FREDERICK COUNTY AND VDOT APPROVAL. 2. THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL I COORDINATION WITH VDOT AND ARE SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY. FLOODPLAIN LIMITS (TYP.) TAX MAP NO, 64-10-3 INSTR. 11000080 5 ZONED: B2 ` TAX MAP NO 64 A-83C INSTR /200001D89 ZONED R4 EXISTING +� ENEFtAL BUSINES DISTRICT 0011 IVE LANDSCAPE (±12.5 AC) EXISTING ROAD EFFI IENUFFER POND (PER APPRO \ED # 01-21) \ • TREE SAVE 150' INACTIVE LA DS PE / AREA (TYP.) ROAD EFFICIENCY UFFER\ PER APPROVED 01-21)\ `1 1 APPROX. LAND BAY \ 4 \ LIMITS (TYP.) \ A TAX IMP N0. 64-A-89 DEL 802, PG. 1059 \ ZONED: 82 LAND BAY COVERSTONE RIVE \ NUMBER (PER APPROVED RZ# 0 -21) \ ` (TYP.) \ EXISTING ` M1 - LIGHT INDUSTRIAL DISTRICT (t264.72 AC)\\ \ TAX MAP NO'64-A-898 DEE 802. PG. 1047 ZONED: 82 � _ .X120t9 LIMITS OF APPROVED RZ# 01-21 (TYP.) I TAX MAP NO, 64-A-87A RISER. /060006061 .: R. #070009451 TAX MAP N0. 64-A-86 ZONED: R4 D.B. 423 PG. 30 I DB. BOO PG. i693 INSTR. J07O0115617 ZONED: RA I I �• 1 PHASE A t134. 77 AC • 1 LIMITS 4 APPROVED RZ# 01-21 `\ (TYP.) 1 ` 10' SHARED ` USE TRAIL 1 (PER APPROVED RZ# 01-21) UuujjjujL L� W X TAX MAP NO- 64-6-79 `� ' 7 8 F `•X it - Y - ` '- + DB. 659 PG. 175 1 DOB 800 PG, 1693 INSTR. 0070015617 ZONED: RA FUTURE AIRPORT EXPANSION jIOFA--- I � rJ7 �__ - 1r)fA— GENERALIZED DEVELOPMENT PLAN 03.15.2022 )N 308"103 G:(PROJECT•,PLANM3088\01031EXHISITS%06 - REZONING APPLICATION EXHIBITS13088A201-L_GDP PR RZ-MEARKLE.DWG EX. MILLWOOD PIKE - US ROUTE 50117 -TAX MAP NO 64-A-8 \ INSTR. #010016744 ZONED: MH1 PROPOSED LAND BAY M1 - LIGHT INDUSTRIAL DISTRICT NUMBER (t3.16 AC) (TYP.) LIMITS OF APPROVED RZ# 01-21 (TYP.) TAX MAP NO. 64-A-B3 \ ISSTR. 202120958 ZONED: M1 PHASE B I APPROX. LAND BAY t145.71 AC LIMITS (TYP.) TREE SAVE AREA (TYP.) 1 _ 1 1 1 % / PENDLETON DRIVE (PER APPROVED RZ# o1-z1) /J C TREE SAVE AREA (TYP. TAX MAP 64-A-82 INSTR. #070001977 ZONED: R4 TAX MAP NO. 64-A-81A De. 517. PG. 506 ZONED: MI TAX MAP NO 64-A-80L DB. 538 PG 708 ZONED: MI .. .:TAX MAP NO. 64-A-80N ......., INSTR. 020022053 ZONED: M1 TAX MAP NO, 64-A-800 De. 7a7. PG. 1122 ZONED: MI TAX MAP N0. 64-A-60J ZONED: MI i ONE LOGISTICS PARK WINCHESTER 4501 Daly DIIVB PROGRAMMING AND PLANNING Chantilly, 3-26 -190 LANDSCAPEACIVIL RING Q Gordon Phone: 703-263-1900 LANDSCAPEARCHITECTURE SURVEY AND MAPPING w .9oldon.u5.[Oln SECURITYCONSULTING Revised 05/17/06 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Agreement for the Installation of an Off -site T'raffie Signal WHEREAS, One Logistics Park, L.P. and its successors and assigns (hereinafter, the "Developer") is constructing an industrial development by the name of One Logistics Park Winchester (hereinafter, the "Project") in Frederick County, Virginia pursuant to Rezoning Application #01-21 on the south side of Millwood Pike (Route 5o) and east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Election District of Frederick County, and WHEREAS, during the upcoming future engineering review of site plans and traffic signalization warrant studies for the phased development of One Logistics Park Winchester in accord with the Rezoning Application #01-21 approval and associated proffers, minimum sufficient warrants for the installation of a traffic signalization device at the intersection of Prince Frederick Drive and Costello Drive may arise based on traffic generation values from the phased One Logistics Park Winchester development and background regional traffic in accordance with the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) such that installation of a traffic signalization device at this intersection is warranted, and WHEREAS, it is recognized that installation of a traffic signalization device at this intersection will not be allowed unless and until the Virginia Department of Transportation ("VDOT") determines that such minimum sufficient warrants are present. IT IS THEREFORE AGREED THAT: 1. The Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 1,600,000 square feet of new (L0281695.DOC / 1 VDOT off -site Slgnalization Agreement 000721 000096)1 Ae • development in the Project. If VDOT determines that this traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 2. In the event that the traffic signalization warrant study performed pursuant to Paragraph 1, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer shall prepare and submit a traffic signalization warrant study to VDOT and Frederick County to determine whether minimum sufficient warrants exist for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive prior to issuance of the first certificate of occupancy for new construction that yields 2,000,000 square feet in new development in the Project. If VDOT determines that this second traffic signalization warrant study demonstrates that minimum sufficient warrants indeed exist at that time, the Developer shall design and install this traffic signalization immediately thereafter in accordance lAith VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 3. In the event that the traffic signalization warrant study performed pursuant to Paragraph 2, above shows that minimum sufficient warrants for installation of traffic signalization at the intersection of Prince Frederick Drive and Costello Drive are not present at that time, the Developer will provide a cash contribution in the amount Two Hundred Thousand Dollars ($200,000) to Frederick County for regional roadway improvements off -site in the Millwood Pike corridor as determined by the {1_0281695.DOC / 1 VDOT Off -site Signallzatlon Agreement 000721 000096}2 Board of Supervisors. This cash contribution shall be escalated per the Consumer Price Index (CPI-U) forward from the date of approval Rezoning Application #01-21. 4. Notwrithstanding the foregoing, VDOT may, at any time on its own initiative, secure actual traffic counts at the intersection of Prince Frederick Drive and Costello Drive following the commencement of construction of the Project by the Developer. If at that time or at any such time for a period of five (5) years beginning with the commencement of construction of the Project by the Developer and ending prior to the payment of the cash contribution referenced in Paragraph 3, above, VDOT determines a traffic signal is warranted at the intersection of Prince Frederick Drive and Costello Drive based on the traffic volumes generated from the Project, or other condition(s) as outlined in Chapter 4C "Traffic Control Signal Needs Studies" of the 2003 MUTCD, during that prescribed time period, the Developer shall design and install this traffic signalization immediately thereafter in accordance with VDOT specifications and shall post a performance bond and obtain issuance of a VDOT land use permit allowing for this traffic signalization installation to be done in the state -maintained right-of-way. Once installed and accepted by VDOT, this traffic signal shall become the property of VDOT. 5. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the actual process of design and installation of the traffic signal shall be on an accounts receivable basis or under permit as may be agreed upon by the Developer and VDOT at the time the need for a signal is warranted. 6. In the event the Developer is required to design and install a traffic signal in accord with this Agreement, the Developer shall furnish a surety bond or letter of credit acceptable to VDOT in the amount not to exceed one hundred percent (l00%) of the total estimated cost of the traffic signal. The bond or letter of credit shall be in force for the five (5) year period described above, to guarantee the installation of the signal in the event such installation is required. SIGNATURES APPEAR ON THE FOLLOWING PAGE {1.0281695.DOC / 1 VDOT Off -site Signallzation Agreement 000721 000096)3 r Developer: ONE LOGISTICS PARK, L.P., a Delaware limited partnership By: TMG One Logistics Park GP, L.L.C., a Delaware limited liability company as its sole general partner By: Name: Gary E. Block Title: Chief Investments Officer and designated signatory Virginia Department of Transportation Address: By: X , Residency Administrator (L0281695,DOC / 1 VDOT Off -site Signalizatlon Agreement 000721 000096)4 0 0 REVIEW AGENCY COMMENT SHEETS j ...................................................._..._.....................J It will be the responsibility of the applicant to obtain the necessary review agency comments. The following information must be submitted when obtaining any agency review comments: the comment sheet, location map, survey, proffer statement, application form, and the applicant's impact statement. It may be necessary to submit additional information. Please consult the Notice to Applicant block on each comment sheet to ascertain what additional information must be submitted. ly] 0 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., 3rd Floor 107 North Kent Street Winchester, Virginia 22601 (540)665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., P Floor 107 North Kent Strect Winchester, Virginia Applicant: Please fill out the infOI'IllatlOn as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer j statement, impact analysis, and any other pertinent information. _ ............................... .................-- ._........... .................-........................................._.............. ........ ........ ...... .......,...... ....................... ...1 Applicant's Name: One Logistics Park, L.P. Mailing Address: Tc1cphonc: (571) 209-5777 c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 County Attorney's Comments: Assistant County Attorney's Signature & Date: "Zoning requested: M1 Acreage: 3_16 Notice to County Attorney - Please Return This Form to the Applicant 20 E Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. ....... .... ...... ............_........._....................._........... ,._........_............................................................_............._...........1 Applicants Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Markel Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. CUITetlt Zoning: R4 "Zoning requested: M1 Acreage: 316 Virginia Department of Transportation Comments: VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 21 0 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept, of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the ►Illornlatlon as accurately as possible In ol'del' to assist the Depal'tinent of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. .......................... ..................................................................................,.............................................,.......,................,,..................,a Applicant's Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike CUI-I-ent "Lolling: R4 Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Zoning ►-equested: M1 Department of Public Works Comments: Public Works Signature & Date: Acreage: 3_16 Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 9 0 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1080 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Sa['ety Building 1080 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer i statement, impact analysis, and any other pertinent information. Applicants Na►lle: One Logistics Park, L.P. Telephone: (571) 209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 Fire Marshal's Comments: Fire Marshal's Signature & Date: "Zoning requested: M1 Acreage: 316 Notice to Fire Marshal - Please Return This Form to the Applicant 23 • • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540)665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2111I Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of' Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: One Logistics Park, L.P. 'I'Clepllotle: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 Zoning requested: M1 Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Acreage: 3.16 Notice to Department of Parks & Recreation - Please Return This Form to the Applicant 24 11 E Rezoning Comments Superintendent of Frederick County Public Schools Mail to: Frederick County Public Schools Attn: Superintendent P.O. Box 3508 Winchester, Virginia 22604 (540) 662-3888 Hand deliver to: Frederick County Public Schools Attn: Superintendent School Administration Building 1415 Amherst Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent Of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. I Applicant's Name: One Logistics Park, L.P. 'Telephone; (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 Zoning requested: M1 Acreage: 316 Superintendent of Public Schools' Comments: Superintendent's Signature & Date: Notice to School Superintendent - Please Return This Form to the Applicant AI 0 Rezoning Comments Frederick Water Mail to• Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Watcr Attn: Engineer 315 Taskcr Road Stephens City, Virginia Applicant: Please fill out the information as aCCLIt-ately as possible in older to ass►st the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: One Logistics Park, L.P. 'f'Clephol,C: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Locatio►1 Of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. CUI-I-ent Zon►ngT: R4 Frederick Water Comments: Frederick Water Signature & Date: "Zoning requested: M1 Acreage: 316 Notice to Frederick Water - Please Return This Form to the Applicant 26 0 • Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick-Winchcster Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia 'Applicant: Please fill out the IIlfO1'111ation as accurately as possible in order to assist the Frederick- I Winchester Health Department with their review. Attach a copy of your application form, location j map, proffer statement, impact analysis, and any other pertinent information. I Applicants Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Current zoning: R4 Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Zoning requested: M1 Frederick -Winchester Health Department's Comments: Health Dept. Signature & Date: Acreage: Notice to Health Department - Please Return This Form to the Applicant 27 E 9 Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: One Logistics Park, L.P. Telephone: (571) 209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current Zoning: R4 "Zoning requested: M1 Acreage: 3_16 City of Winchester's Continents: City of Winchester's Signature & Date: Notice to City of Winchester - Please Return This Form to the Applicant 30 L' 11 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: EXCCULIVC Director 491 Airport Road (Rt. 645, offof'Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. j _............................................................................................................................................................................................................1 Applicant's Name: One Logistics Park, L.P. Telephone: (571) 209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 Zoning requested: M1 Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: Acreage: 3_16 Notice to Winchester Regional Airport - Please Return Form to Applicant 31 lJ n U Rezoning Comments Fire and Rescue Company Comments on rezonings will be needed from the fire and rescue company serving the location in question. Please fill in the attached comment sheet with the name of' the fire and rescue squad serving the location and obtain the comment from that squad. A list of the County Fire and Rescue Company follows the comment sheet. 32 • Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Station 21 - Millwood Station Attn: Fire Chief or Assistant Eire Chief Scott Miller Address & Phone 250 Costello Drive, Winchester, VA 22602 Applicant: Please fill Out the infOl-nlation as aCCLlrately as possible In order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and an), other pertinent information. .., —, _....,..._ ................ ...... ,.... .... ... ..,...,., .,,... .................,.., ...,. ........ ..... ....... -A Applicant's Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Markel Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: Ra "Zoning requested: M1 Fire and Rescue Company's Continents: Fire & Rescue Company's Signature & Date: Acl'cage: 3_16 Notice to Fire & Rescue Company - Please Return This Form to the Applicant 33 9 0 Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia Applicant: Please fill out the Illf01"Illation as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. CUI'rellt Zoning: R4 Zoning requested: M1 Acreage: 316 Fred-Winc Service Authority's Comments: Fred-Winc Service Authority's Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 34 i • Rezoning Comments Frederick County Department of Planning & Development Mail to: Fred. Co. Dept. of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540)665-5651 Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2nd Floor 107 North Kent Street Winchestel', Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: one Logistics Park, L.P. Telephone: (571) 209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. CUrrellt Zoning: R4 Zoning requested: M1 Acl'eage: 316 Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to Applicant 35 0 Rezoning Comments Frederick County Assistant Director of Planning - Transportation wy Mail to: Hand deliver to: Frederick County Planning Frederick County Planning Attn: Deputy Director of Attn: Deputy Director of Planning — Transportation Planning — Transportation 107 North Kent Street North Building, 2°d Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5651 Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Frederick County Assistant Director of Planning — Transportation with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. ................. --- .............................................................................................._.......... Applicants Name: One Logistics Park, L.P. Mailing Address: rfelepllOtle: (571) 209-5777 c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location Of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current zoning: R4 Zoning requested: M1 Acreage: 316 0 • Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Department of' Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development North Building, 2"d Floor 107 North Kent Street Winchester, Virginia Applicant: Please Fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. I _..........................................._............. ......................................._ .._.._..........._...............................................................1 Applicants Name: One Logistics Park, L.P. Telephone: (571)209-5777 Mailing Address: c/o J. Randall Minchew, Attorney for the Applicant Walsh, Colucci, Lubeley & Walsh, P.C. 1 E. Market Street , Suite 300, Leesburg, VA 20176 Location of property: 1600 Millwood Pike Winchester, VA 22602 Walsh, Colucci, Lubeley & Walsh, P.C. Current Zoning: R4 Advisory Board Comments: Signature & Date: Zoning requested: M1 Act -cage: 3.16 Notice to Advisory Board - Please Return Form to Applicant 37 r� L Rezoning Comments THE HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION & APPLICATION PROCEDURES MEETING The Historic Resources Advisory Board (HRAB) meets on the third Tuesday of every month, please refer to the FIRAB meeting schedule. These meetings are held at 6:30 p.m. in the Executive Sessions Room in the Board of Supervisors Room on the first floor of the Frederick County Administration Building at 107 North Kent Street. The deadline for all HRAB meetings is approximately three weeks prior to the scheduled meeting date. To verify meeting dates and deadlines or for questions, please call 540-665-5651. Please submit all applications to the Department of Planning and Development, 107 North Kent Street, Suite 202, Winchester, Virginia 22601. THE APPLICANT OR I-IIS/I-IER APPOINTED REPRESENTATIVE MUST BE PRESENT AT THE MEETING. SUBMISSION The applicant must submit a completed Historic Resource Advisory Board Review application form and the accompanying materials listed below for reviews of rezonings, master development plans and conditional use permits: • Copy of Rezoning, Master Development Plan, Conditional Use Permit application and supporting materials, including at a minimum: • Completed land use application • Impact analysis required by Section 165-102.05 of the Frederick County Zoning Ordinance, including the location of historic structures and sites in relation to the site and impacts on those historic structures and sites • Any rezoning proffers proposed by the applicant to preserve historic and archaeological resources on the site pursuant to Section 165-102.06 of the "Zoning Ordinance. • Generalized Development Plan, Master Development Plan, Conditional Use Site Plan for the property, if available, showing the type and location of proposed new development and the treatment of any historic structures and features on the site; • Description of proposed development or construction project, including proposed uses and general timeframe for development; • Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; • Photographs (color) of all historic resources on the property, including interior views that identify the character and defining features of the site. 'these photographs need to show all existing buildings and the relationship of the proposed project to the surrounding streetscape and landscape. 38 0 • HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT:1600 Millwood Pike PROPERTY OWNERS NAME: one Logistics Park, L P. TELEPHONE NUMBER: (571) 2os-srr7 PROPERTY OWNERS ADDRESS: 3 Bethesda Metro Center, Suite 1400, Bethesda, MD 20814-3603 ARCIIITECT/DEISGNER: TELEPHONE NUMBER: Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use pennit). Please be s recific. Rezoning of 3.16-acre parcel completely surrounded by already -zoned M1 One Logistics Park to be an incremental addition to the industrial park. This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. ZCopy of required application as described in 1.1 (1.1.1-1.1.4) 1Z Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) 1 Y L Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state of, national historic register, re levant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) Z I Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): Name of Applicant: One Logistics Park, L.P. Telephone Number (01) 7 -0800 Address: Sheet 1600 Millwood Pike City Winchester State VA Zip Code ­'Wrj ' Si ttatnt'C' 'Hut Name: J. Randall Minchew, Attorney for the Applicant Date: Z Please note that the applicant or his/her appointed representative must be present at the meeting. 39 U • FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 5/2011, 1/25/2012 COMPREHENSIVE POLICY PLAN S 3,000 non-refundable SITE PLAN Non-residential $ 2,500 base REZONING $ 200/acre to 5 acres S 1,000 Proffer amendments not requiring a $ 100/acre over 5 acres public hearing Residential $ 3,500 base S 5,000 base + $100/acre — 2 acres or less $ 300/unit to 20 units base + 100/acre $ 100/unit over 20 units more than 2 less than I50 Minor Site Plan $ 500 for revision that ,000 base + 00/acre first 15 ��o 7� Oo increases existing structure area by 20% or less & + $50/acre over 150 acres does not exceed 5,000sf of disturbed area. SUBDIVISION Non -Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, RS) Design Plan S 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/tot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor - 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE S 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE EXCEPTION MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation S 75 Telecommunication Tower S 7,000 Other S 750 POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review S300 (*Review includes TDR Letter of Intent) TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Review of Sending Property Deed Covenant $ 100 Review of Deed of Transfer (Extinguishment Document) $100 CHAPTER 161 FEES $ 500 Installation License $300 Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul S500 E 0 Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. Which type of application did you complete? Rezoning x Site Plan Master Development Plan Subdivision Conditional Use Permit Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish) form ❑ Completing the application �Z Tax verification Agency review comments Adjoiner identification information _E:J_ Other (Please Specify) 3. Did you have a discussion with a staff member before submitting the application Yes No 4. Were you able to receive the assistance or information that you needed from the staff? Yes_ ✓a_ No___—o 5. What portion of this process took the longest Ior you? Completing plans F_y/1— Completing the application _F—I_ Tax Verification _o Agency review comments _F—I_ Other (Please Specify) 6. What do you think could have been done differently to make this process quicker? 7. Do you have any suggestions about what we could do to make this process work better? UPDATE TO ONE LOGISTICS PARK WINCHLSTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA REVISED 4/12/20220 APPLICANT: ONE LOGISTICS PARK, L.P. {L028I68I.1)OC\ / I UPDATE -1'0 ONE LOGISTICS PARK WINCI IES"f EjR impact analysis statement 000721 000096) ONE LOGISTICS PARK This report is filed to be a supplemental addition to the One Logistics Park Impact Analysis Statement previously filed with the original One Logistics Park Rezoning Application 901- 21 and approved by the Frederick County Board of Supervisors on July 14, 2021. In this application, a 3.16-acre parcel, currently zoned R4, identified as PIN# 64 A 8313, acquired by the Owner oil March 1, 2022, is proposed for addition to the MI -zoned One Logistics Park and to be subjected to the same proffered commitments as provided in Rezoning Application 901-21. The Owner and Applicant respectfully submits that this 3.16-acre incremental addition to the One Logistics Park approved rezoning, as suggested by the Board of Supervisors during the original One Logistics Park rezoning introduces no new impacts that were not already addressed in the context of the original One Logistics Park rezoning approval. The previous One Logistics Park Impact Analysis Statement is attached hereto. (L028168I.DOCX / I UPDATE'f0 ONE LOGISTICS PARK WINCI IESTER impact analysis statement 000721 000096) e E-911 Address Quick Search - - - �,�—i - _ -- T i � I iM 0. 4 w1M►r77M�i,aOi+��H''�t MINIM*'�7�� •�° �� I — �/ u� i``, - �� - ��� d��y''°��±mow ►��, �tc��i���i��t� ���1��'��j� •'�� `����� dill z +C tiEL • • ONE LOGISTICS PARK WINCHESTER IMPACT ANALYSIS STATEMENT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APPLICANT / CONTACT: WICKSHIRE INDUSTRIAL LLC C/O MR. EDWARD PODBOY 2318 RIVIERA DRIVE VIENNA, VA 22181 EMAIL: epodboy@wickshiregroup.com OWNERS: JGR THREE LLC ET ALS HOCKMAN INVESTMENTS LLC GOVERNOR'S HILL LLC REVISED 12/7/2020 PREPARED BY: vex Gordon CONTACT: CHRIS STEPHENSON 4501 DALY DRIVE CHANTILLY, VA 20151 703-262-1900 ONE LOGISTICS PARK INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 277.22 acre assemblage identified as Tax Map Parcels: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86, & 64-A-87. The subject property is located on the south side of Millwood Pike (U.S. Route 50) and on the north side of the Winchester Regional Airport. The 277.22-acre assemblage is currently zoned R4, Residential (Planned Community District). This application proposes to rezone the 264.72 acre of the assemblage to M-1 (Light Industrial) and 12.5 acres to B-2 (General Business) Districts with up to 2,995,600 square feet of building area. This application seeks to change the current residential zoning designation to provide land uses that are light industrial and general business in nature which are more appropriate given the immediate existing / surrounding uses. To further support this effort, the property is also within the limits of the Airport Support Area where residential development is not desired. Successful entitlement will allow the property will be marketed / developed with any of the allowed and conditional uses as permitted by the respective zoning districts. Those types of uses supports the business development focus goals of the Comprehensive Plan while benefiting the community by offering viable economic development opportunities. BASE INFORMATION LOCATION: FRONTING ON THE SOUTHSIDE OF MILLWOOD PIKE (US ROUTE 50 EAST) AND THE NORTH SIDE OF WINCHESTER REGIONAL AIRPORT. MAGISTERIAL DISTRICT: SHAWNEE DISTRICT PROPERTY ID #'S: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86 & 64-A-87 CURRENT ZONING: R4 (RESIDENTIAL PLANNED COMMUNITY DISTRICT) CURRENT USE: VACANT PROPOSED ZONING: M1 (LIGHT INDUSTRIAL DISTRICT) 264.72 AC B2 (GENERAL BUSINESS) 12.5 AC TOTAL PROPOSED SF: 2,995,600 SF TOTAL REZONING AREA: 277.22 AC 2 0 0 COMPREHENSIVE PLAN The One Logistics Park Winchester rezoning application is within the Senseny/Eastern Frederick Urban Area Plan per the 2035 Comprehensive Plan. Previous approvals on the properties have designated the west side of the project as intended to be General Business and Industrial Transition uses. The properties on the east side are currently intended to be high density residential (12-16 units/acre). The entire assemblage is within the Sewer and Water Area (SWSA) and approximately 115 acres are within the Urban Development Area (UDA). The application is also within the limits of the Airport Support Area. The 2035 Comprehensive Plan identifies the subject properties with a commercial/transition and residential land use designations. While the requested M1 (Light Industrial) District is generally inconsistent with the Comprehensive Plan, it should be noted that the proposed change of use is consistent with the land use plan that was in effect prior to the Governors Hill rezoning. This area is also within the limits of the Airport Support Area, where residential development is not desired for properties in this area This proposal supports the intended business development goals envisioned by the County for this area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan and provides more complimentary uses adjacent to the Winchester Regional Airport. It would also remove residential zoned land from the Airport Support Area where it is currently discouraged. Together these elements help support the future airport expansion and establishment of commercial and industrial land uses on the subject parcels. SUITABILITY OF THE SITE The subject parcels do have environmental features such as flood plain, wetlands, and steep slopes. These features are minimal when compared to the entirety of the 277-acre assemblage. Through well thought out site planning, and engineering practices, land disturbance will be limited in accordance with applicable regulatory standards. Flood Plains The 277.22-acre portion of the subject property does contain areas of flood plain (Sulphur Springs Run) as demonstrated on FEMA NFIP Map #51069CO219D, Effective Date September 2, 2009, as well as information from the Frederick County GIS Database. No proposed buildings will be located within the limits of the flood plain. A floodplain study or alteration will be processed with Frederick County and FEMA for improvements within the floodplain, as required. 3 Wetlands The National Wetlands Inventory Map identifies five wetland features on the site, all of which are man-made ponds. Any disturbance will be limited in accordance with applicable regulatory standards. More detailed environmental investigation will be completed prior to the site plan and construction process. Any wetland impacts that are required will be processed to comply with all County, State and Federal regulations. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database, the parcels subject to this application contain nine soil types within the limits of the application. The following soil types are present: • 1B Berks Channery Silt Loams 3-8% slope • 1C Berks Channery Silt Loams 8-15% slope • 3B Blairton Silt Loams 2-7% slope • 9B Clearbrook Channery Silt Loams 2-7% slope • 36 Pits, Quarries, and dumps • 41B Weikert-Berks Channery Silt Loams 3-8% slope • 41C Weikert-Berks Channery Silt Loams 8-15% slope • 41D Weikert-Berks Channery Silt Loams 15-25% slope • 41E Weikert-Berks Channery Silt Loams 25-35% slope The existing soils onsite are generally suitable for site construction provided the proper drainage, grading and sloping are maintained during and after construction. The existing soil characteristics and any implications for site development are manageable through the site engineering and construction processes. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to four ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas may be necessary to implement the project grading and stormwater management systems. Surrounding Properties NORTH • U.S Route 50 (6 lanes, median divided public road) • Existing residential (more than 500' away) • Zoned: RP (Residential, Performance District) 0 SOUTH • Winchester Regional Airport • Future expansion / site access planned through subject area EAST • Existing light industrial / commercial uses • Zoned: M1 (Light Industrial District) WEST • Existing Army Corps of Engineers Facility • Zoned: B2 (General Business District) TRANSPORTATION The One Logistics Park Winchester project will be served by a transportation network designed and constructed to accommodate automobile and truck traffic safely and efficiently. The roadway network incorporates the general route location to extend Coverstone Drive as a collector road from Millwood Pike to the existing road adjacent to the Sheriffs east of Prince Frederick Drive. The external road system serving the site is comprised of Millwood Pike (Route 50/17 East), Prince Frederick Drive (Route 781), Coverstone Drive, and Pendleton Drive. Millwood Pike is a four -lane major arterial roadway, Coverstone Drive is proposed as a two-lane major collector and Prince Frederick Drive is a two-lane minor collector road. Pendleton Drive is a two-lane local roadway connecting to the east which provides alternative access to Arbor Court and Victory Road (Va. Rte. 728). The regional roadway network was planned as part of the Governors Hill approvals through 2013, which supported residential, office, and commercial activities with Coverstone Drive planned as a four -lane divided roadway, and off -site improvements at Millwood Pike intersections at Prince Frederick Drive and Sulphur Springs Road. The proposed land use plan significantly reduces the site traffic potential of the property by removing the residential use component and focusing on general industrial uses as recommended in the County Comprehensive Plan, with the general industrial uses, and ancillary commercial use in one land bay adjacent to the Millwood Pike/Coverstone Drive/Inverlee Way intersection, the anticipated site Daily trips at build -out are reduced from over 46,000 Vehicles per Day (VPD) under existing zoning with the Governors Hill uses to approximately 17,600 VPD, or a reduction of over 60 percent. With the significant trip reduction, the on -site public roadway network maintains the ultimate R-O-W for the four -lane extension of Coverstone Drive, but phases the construction to provide the link connection as a two-lane road with turn lanes and widening at Millwood Pike for a four lane section with a raised median. The applicant has maintained off -site turn lane improvements at Costello Drive/Prince Frederick Drive intersection as well as off -site road contributions and trip thresholds in the proffers. However, the 5 biggest change in the development with the employment uses is to establish the initial construction of Coverstone Drive as a through road to provide public street access. The transportation improvement program proffered with this application will improve existing off -site transportation shortfalls identified within the TIS prior to the inclusion of the proposed development impacts to the transportation network. The implementation of this program will occur in Phase A of the development, as specified by the Proffer Statement (see attached). The transportation proffers included with the application mitigate all impacts of the proposed rezoning, by providing the ultimate R-O-W for the public street network and building improvement to service the subject uses. A traffic impact study (TIS) is under preparation for this application using the current updated land use plan and extensive VDOT coordination on the technical scoping. Using trip generation figures from the latest edition of I.T.E. Trip Generation Manual, the TIS projects that the proposed development will reduce vehicle trips greater than 60% from the commercial uses assumed in the transportation studies from the RZ410-08 rezoning approval. The TIS further includes additional study area roads and intersections from the Governors Hill rezoning study to reflect the regional improvement programmed by VDOT west of the site at the 1-81 interchange. The study also provides the initial on -site traffic operations for Coverstone Drive at the proposed site entrances to verify turn lanes, which provide guidance for future site plan reviews. Based on the traffic forecasts, we anticipate the proposed Coverstone Drive two-lane section with turn lanes will adequately support the build -out of the property with the general industrial uses, as well as accommodate through traffic. The improvements also include the extension of a shared use path along Coverstone Drive with the site build -out to provide pedestrian linkages. The transportation network does include phasing for the local street, by connecting Pendleton Drive to Coverstone Drive extended. The local network supports additional access to the adjacent Airport and provide alternative access to the existing employment uses adjacent to Arbor Court. The Pendleton Drive connection will not be completed until Phase 2 activities, so as not to overload the existing roads. Additionally, the applicant is preparing the signal justification for the proposed US Route 50/17/lnverlee Way/Coverstone Drive intersection. The study for the location is provided consistent with the previously approved proffers for the intersection and the current VDOT guidance to assess alternative intersection configurations for new signal locations. Previous approved proffers required signalization when warranted. The analysis is accelerated to verify geometry. The significant reduction in proposed site trips, the proposed commitment with the updated proffers to provide the ultimate R-O-W, and construction of Coverstone Drive from US Route 50/17 (Millwood Pike) to the existing segment of Coverstone Drive east of Prince Frederick Drive (Va. Route 781) will support the subject site with employment uses. 6 SEWAGE CONVEYANCE & WATER SUPPLY The proposed change in zoning of the property is expected to result in a reduction to overall impact to the water demand and the sanitary sewer discharge. This is a result of the change in use from the higher demands of planned residential use to the proposed light industrial development. Sanitary sewer service will be provided by Frederick Water via an existing 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick Water requirements to serve the entire site and enable gravity flow to the existing main (where possible). A pump station or grinder pumps may be required to serve the buildings proposed on the east side of the property. Water is currently served by a 12" water main which currently extends through the central portion of the site. This water main will be rerouted, as necessary, with the final engineering associated with the site development. This infrastructure will be expanded pursuant to Frederick Water requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. The proposed land uses have a maximum sanitary estimated flow of about 390,000 GPD based on +/- 277 acres of light industrial land use. A preliminary computation is as follows: Estimated Flow = Area * Estimated employees/acre * Flow/employee Estimated Flow = 277.22 acres * 40 employees/acre (per section 3.2.A of Frederick Water Standards and Specifications) * 35 gallons/employee (Table 3 of the SCAT Regulations 9VAC25-790-490) Estimated Flow = 388,108 GPD — 390,000 GPD Actual water and sewerage flows will be determined at the time of final site engineering. SITE DRAINAGE The rezoning of the subject property will not result in significant changes to the existing site drainage patterns. The site generally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that stormwater BMP's and dry ponds will be implemented to meet local, state and federal stormwater development requirements. Stormwater design along with erosion control practice will mitigate adverse stormwater discharge impacts. Design of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. SOLID WASTE DISPOSAL The rezoning of the subject property from residential to proposed light industrial uses will not result in an increase of solid waste and therefore will not adversely affect the County's disposal facilities. Solid waste from the project will be collected and deposited in the Frederick County landfill following via private carrier(s) contracted by the individual users. 7 HISTORICAL SITES AND STRUCTURES The Senseny/Eastern Frederick Land Use Plan does not identify the subject properties with any known historic sites or structures. The proposed rezoning will not create negative impacts associated with any historic resources and prior to approval of first site plan a Phase 1 Archaeological Investigation will be conducted. IMPACT ON COMMUNITY FACILITIES The rezoning of the subject properties to the M1 and B2 districts will have a positive impact on the community by generating economic diversity though the creation of employment opportunities. This application will expand the commercial tax base while allowing for the continuation of a lower residential tax rate. In addition, this project would lessen the demands/impacts on County and community facilities such as schools and parks that would have been typically generated if the properties were to be developed under the current zoning. Impacts to the transportation network will be mitigated by the proffered transportation improvements as specified in the pending proffers. Any visual or nuisance impacts on the surrounding property are being taken into consideration. The property will be developed in a manner that is logical, efficient and minimizes land disturbance to greatest extent possible. Helping with the mitigation efforts, is a commitment to providing an additional 50' to the required full -distance buffer adjacent to Route 50. Tree save opportunities have been incorporated where possible. The combination of the additional buffer setback, landscape requirements and tree save together help to mitigate impacts on the Route 50 viewshed. 8 • �coo(�'5Jo Prepared by: Return to �Vfata & I Iill PLC Andrew P. Hill, VSB No. 80474 Terra Nova Title & Settlement Services 1211 Connecticut Avenue NW, Suite 401 Washington, DC 20036 Grantee's address: c/o Meridian Group 3 Bethesda Metro Center, Suite 1,100 Bethesda, iiMaryland 20814 Consideration: $775,000.00 Assessment: $576,200.00 Tax Map N: 64 A 83B Title Insurer: First American Title Insurance Company THIS DEED OF BARGAIN AND SALE, made and dated this 28th Clay of February, 2022, by and between CHARLIE T. MEARKLE, hereinafter called the Grantor, and ONE LOGISTICS PARK, LP, a Delaware limited partnership, hereinafter called the Grantee, WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with general warranty and English covenants of title, unto the Grantee, in fee simple, the following described realty, to -wit: All of that certain lot or parcel of land, together with improvements thereon and all rights and appurtenances thereunto belonging, situate, lying and being in Shawnee Magisterial District, Frederick County, Virginia, containing 3.161 acres, more or less, being more particularly described on plat of survey dated January 24, 2006 prepared by S. W. Marsh, L.S., entitled "Minor Subdivision of the Land of Richard G. Dick and Donna C. Dick, Deed Book 568, Page 769", which said plat is attached to and recorded with Deed of Subdivision dated February 3, 2006 in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 060002436; TOGETHER WITH and subject to that certain sixty foot (60') ingress and egress easement to U.S. 50 (previously erroneously referred to as Virginia State Route 50)/U.S.17, Millwood Pike, and that certain fifteen foot (15') private sanitary sewer casement, as set forth in the aforesaid Deed of Subdivision and shown on the aforesaid plat of survey; E Mata&Hill-,- :7 AND BEING the same property conveyed to Charlie T. Mearkle from Donna C. Dick by Deed dated May 15, 2019, recorded May 17, 2019 in the aforesaid Clerk's Office as Instrument No.190004569. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property herein conveyed. This conveyance is made subject to all easements, reservations, conditions, and restrictions of record, affecting the subject property. WITNESS the following signatures and seals: rim�� SEAL RLIE T(MFARkLE COMMONWEALTH OF VIRGINIA; CITY/COUNTY OF j� The foregoing instrument was acknowledged before me this zF5 day of 2022) by Charlie T. Mearkle. My commission expires: My commission number: -7c c�) -7 NOTARY PUBLIC ANOREA PAUL HILL NOTARY PUBLIC REGISTRATION # 7657053 COMMONWEALTH OF V4RGINIA ' ,Y COMMISSION EXPIRES JXNUARY 31, 20 j 2 vtnuLN1A: Fk--UERICK COUN 17Y.SM. This instrument of writing was produced +ty'ome on 1 V% tV,� and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of S ` -7 - ''' , and 58.1-801 have been paid, if assessable 4e-"A /) -,—� , Clerk �tZC6 old JAx PA rCL Frederick County, Virginia Seth T. Thatcher, Commissioner of the Revenue IV mess Division e-mail Real Estate DiN'ision e-mail Personal Property Division Commissioner of the Revenue Frederick Home View Map Property Record Card ONE LOGISTICS PARK LP & C/O 64 Owner(s): MERIDIAN GROUP Account#: 8044630 Map#: A 83B Property Information Assessment Values Acreage Description Building Information Sketch Other Improvements Sales Information Transaction History Owner Legal Description(s) ONE LOGISTICS PARK LP 3.16 ACRES C/O MERIDIAN GROUP Zoned Owner ,address R4 3 BETHESDA METRO CENTER STE 1400 Prior Assescmetit BETHESDA, MD 20814 6306 $520,000 Total Land Area Wagisterial District 3.16 Acres SHAWNEE ropertt, +1dres.s lttstrutnew # 1600 MILLWOOD PIKE 22 0002590 WINCHESTER, VA 22602 Remarks DETACHED GARG COMP 7 ADJ BSMT 5/16 MR Return to Search Screen Return to Select Name Generate Printer Friendly Version 0 r* or TI.Fre-,e P01(�- �� ]'rcd rick County V1i'(Yb11'11('1 Pay/Lookup Taxes Dept/Ticket4l RE2021 / 265770001 Name MEARKLE CHARLIE T Name 2 Address 1600 MILLWOOD PIKE WINCHESTER VA Zip 22602 4377 Penalty Paid Original Bill $1,757.41 i I, It I -I P") Opt,or" Real Estate Ticket Detail Previous 2021 REAL ESTATE Frequency 1 Map/1 64 A 83B Bill Date 04/23/2021 Due Date 06/07/2021 Desc 3.16 ACRES Supplement# 0 Accound/ 8044630 Acreage Improvements Land Value Land Use Minerals S000 Interest Paid $0.00 Last 'Fransaction Date 05/25/2021 Current Payment Mattis Payments Principal Balance Due Penalty Interest (S1,757.41) $0.00 $0.00 'Fransaction flistory Date Type 1ransactiontl Amount 4/23/2021 Charge 0 SI,757.41 5/24/2021 Principal Paid 14726 (SI,757.41) Previous 3.160 $495,200.00 $81,000.00 SO.00 $0.00 Balance Due $0.00 $0.00 Balance $1,757.41 SO.00 Fl-C&FICk ('01-11fly Ilay/Lookup 'faxes Real Estate Ticket Detail Previous 2021 REAL ESTATE Dept/-ficketil RE2021 1265770002 Frequency 2 Supplernentil 0 Name MEARKLE CHARLIE T Mapfl 64 A 83B Account// 8044630 Name 2 Bill Date 04/23/2021 Acreage 3.160 Address 1600 MILLWOOD PIKE Due Date 12/06/2021 Improvements $495,200.00 WINCHESTER VA Desc 3.16 ACRES Land Value $81,000.00 Land Use $0.00 Zip 22602 4377 Minerals $0.00 Penalty Paid S0.00 Interest Paid $0.00 Last Transaction Date 11/15/2021 Current flavnwrit Stattis Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,757.41 ($1,757.41) S0.00 $0.00 $0.00 $0.00 'Fransaction history Date Type 1'ransaction/1 Amount Balance 4/23/2021 Charge 0 $1,757.41 $1,757.41 11/15/2021 Principal Paid 14747 ($1,757.41) S0.00 Previous • • i �:• Seth T. Thatcher, Commissioner of the Revenue ul,..,, I>,:i.I,�u r�..nr,�Il I:,•,rl I ,r:u:� i)i�.I°.it!n � uriil I'tl,r�n;tl 1'tr,Ex�rty_-I)i��isi�rn i View Map Property Record Card Owner(s): MEARKLE CHARLIE T Account#: 8044630 Map#: 64 A 83B Property Information Assesvueni Vtrlucs At r(,aget Dvsc r iption B:iilcling Inlonnation Sketch Other Imurovements Sales Information Gansaction History (honer MEARKLE CHARLIE T Owner ddre.r.s 1600 MILLWOOD PIKE WINCHESTER, VA 22602 4377 7irtul Lund .,I nett 3.16 Acres Prtrpttrtl- , I ddres.s 1600 MILLWOOD PIKE WINCHESTER, VA 22602 Generate Printer Friendly Version Legal Description(s) 3.16 ACRES tuned R4 1,140r ,I.YSe.s.crnent $520,000 a,lagisterild Di.Ntriet SHAWNEE Instrument !1 19 0004569 RemarGs DETACHED GARG COMP 7/1 ADJ BSMT 5/16 MR J 0 • Frederick Cotwnty, Virginia Seth T. Thatcher, Commissioner of the Revenue Ri4isiolt e-mail Real Estate Division C-111;lil Personal Prt)lIei Con inissioner ol'ilie Revenue Hcdenck Ilorne View Map Property Record Card Owner(s): MEARKLE CHARLIE Account#: 8044630 Map#: 64 A T 83B 1'If jP'I i!sltIfl I:I,l11111 T 1dl.it Sketch. Otho� 1,llprovement� 9 0 of STATE CORPORATION COMMISSION Rickn,iond, February 7, 2022 Tkis cert ficale of registration Lo transact business in Virginia is Lkis day issued for One Logistics Park, L.P. a limited park ierskip organized under Lbe laws of Delaware, and L-llat Lke said limited partnership is auLkorized to transact business in Virginia, subject- Lo all Virginia laws applicable Lo the Limited partnership and its business. STATE CORPORATION COMMISSION AT1Ory Q0 co��, Allesl: c INS/ s � 7- Clerk of t'le Commission • 0 CERTIFICATE OF FORMATION OF TMG ONE LOGISTICS PARK GP, L.L.C. Adopted in accordance with the provisions of § l8-101 ofthe Delaware Limited Liahiligv Company Act + + + Mlle Undersigned, being ClUly aUtllol'IZCd to CXCCUtc and file this Certificate Of Formation for the purpose of forming a limited liability company pUl'SUallt to the Delaware Limited Liability Company Act, 6 Del. C. Section 18-101, et scq., does hereby certify as follows: FIRST "file name of the limited liability company is'I'MG One Logistics Park GP, L.L.C. SECOND The address of the registered office in the State of Delaware is 251 Little Falls Drive in the City of Wilmington, County of New Castle, 19808. file name and address of the registered agent for service of process in the State of Delaware are Corporation Service Company, 251 Little Falls Drive in the City of Wilmington, County Of New Castle, 19808. IN WITNESS WHEREOF, the Undersigned has duly executed this Certificate of Formation as of the 6th day of July, 2021. 0 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 05/06/22 REQUESTED COMPLETION DATE: 05/19/22 REQUESTING AGENT: Pam STAFF MEMBER: John TYPE OF MAP: Comp Plan Transportation _ Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 64-A-836 DESCRIPTION OF REQUEST: Rez. #03-22 One Logistics Park R4 to M1 Thank You! Submit COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 29, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING I'ROI'ER"1'Y OWNER(S) RE: REZONING APPLICATION #03-22 FOR ONE LOGISTICS PARK, L.P. On behalf of the ]Dederick County Board of' Supervisors, you are hereby notified of' a public hearing being held on Wednesday, July 13, 2022, at 7:00 pill in the Board IZoonl of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-22 for One Logistics Park, L.P., submiltcd to rezone 3.16+/- acres front the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers. The property is located approximately one mile cast ot' I-81 on the south side of' Millwood Pike (IZoutc 50), cast of' Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of' Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83I3. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting, oil the County websile at www.fcva.us/I30SMeclin�,,s (Click on eComment for the July 13, 2022, meeting). Email to County staff at kvacchio(a)f`cva.us or ann. ?11 lillips(a),fcva.us Mail to Planning Department July 13, Public I-Icaring Comments, 107 N. Kent St., Winchester, VA 22601. include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of' Planlung and Development or at: www.fcva.us/BOSIylcctint;s. Sincerely John A. Bishopqrlr,,itl As$i$tlilt D1I'CCon JAB/pd 107 North Kcnt Street, Suite 202 • Winchester, Virginia 22601 -5000 0( T/lhi..s i,g to certify that the attached correspondence was mailed to the following on (- 'i e zL from the Department of Planning and Development, Frederick Coy nty, Virginia: 64-A-83 One Logistics Park LP 3 Bethesda Metro Center Suite 1400 Bethesda, MD 20814 John A. Bishop, A:Vistal Director- Trallsportatlon Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FRRDFRICK Q�l/)'UV' ���(' n 1�1n1:rry Prihlin in nnrl inv llln Q1otn —A ('— -l- aforesaid, do hereby certify that John A. Bishop, Assistant Director -Transportation for the De ar ment of Planning and Development, whose name is signed to the foregoing, dated a o , has personally appeared before me and acknowledged the same in my State brid CIOUnty aforesaid. Given under my hand this �` day of My commission expires on �� _ c __D c NO MID NOTARY PUBLIC REGISTRATION 8354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2026 • 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-22 FOR ONE LOGISTICS PARK, L.P. On behalf of the Prederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the Iollowmg application: Rezoning #03-22 for One Logistics Park, L.P., submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers. The property is located approximately one mile cast of I-81 on the south side of Millwood Pike (Route 50), east of' Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-8313. Citizens wishing to make public continent on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.lcva.us/I'CMectings (Click on eComment for the June 15, 2022, meeting). Email to County staff at kvaccliio(a)fcva.us or sconncr(r1fcva.us Mail to Planning Department June 15, Public Hearing Comments, 107 N. Kcnt St., Winchester, VA 22601. Include your name, address and magisterial district. hi person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted arc available at the Oflice of Planning and Development or at: www.lcva.us/PCMectint-!s. Sincerely, John A. Bishop AICP- Assistant Director -Trans cq-tation .� JAB/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 / D from the Department of Planning and Development, Frederick Coun y, Virginia: 64-A-83 One Logistics Park LP 3 Bethesda Metro Center Suite 1400 Bethesda, MD 20814 >ohn A. Bishop, ssisti i1C-D�rcctor- Transportation Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK P�I, ��L� a a Notary Public in and for the State and County aforesaid, do hereby certify that John A. Bishop, Assistant Director -Transportation for the Departm nt of Planning and Development, whose name is signed to the foregoing, dated CQ I � a . has personally appeared before me and acknowledged the same in my State and County aforesaid. s� Given under my hand this day of �L4-9- o� d My commission expires on NOTARY UCPAMALA DEETER VOTALY P1.1P•1.IC CO3%AM VEA . H OF Vrik. MY IS:iI(.ifd c�PIiiES PCxA by- A v ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application. adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining propert) including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County .4dministrative Building, 10" .'Forth Kent Street. Name and Property Identification Number Address NameONE LOGISTICS PARK LP 3 BETHESDA METRO CENTER SUITE 1400 BETHESDA, MD 20814-6306 Propem =64 A 83 Name Propem = Name Propem Name Propem = Name Propem = Name Propem = Name Propem = Name Propem = Name Propem = NOTE : TR.er ie e,4iS,4jec� P2aP "% 6e ✓�zol�ed I S S� '��� �d �`' 411 Si cl e-s br l �S ck/,v e cl 6/ '�te Qltc I tn. R.� 16 ►'C Zc,•.eel_ !n� NC oN � Lo �rs Fr c,S P�2,� LP %C ZON/N� /�'�P�-� cam.. J ✓�Y /�� .�.Da /. 'f � e � rP�cc�,,,� �.. jl (� t� q�.zvt�t'� n-v t, ��• Rt ( ��d o�„r-vt,� wl.� re cc v�c� A,oilCe o� 1��t 42c�2 �-PPl�c•t�-co�! (z� #�- c7I — �) . 7&6a VPr, 13 1 S 4-�e- (I f f 0� 7W— 4- CL I 121r-/1 VVII 7�,� t/'-- 5 J1,10tl P ADJOINING PROPERTY OWNERS 12a- Z_I9 t.-i ,--a 4 er 1, C1 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right -of -fray, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Prince Frederick Group LC C/O James L htcitvanine Jr. 6231 Leesburg Pike Ste 600 Falls Church, VA 22044 Property = 64 A 8 9 B Name Fredericktowne Group LC CIO Richard G. Dick 130 S Cameron St. Winchester, VA 22601 Property 64 A 89 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Propem, �'64 A 87A Name Winchester Regional 491 Airport Rd Winchester, VA 22602 Propert = 64 A 79 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property 64 A 82 NameCampfield LLC 112 E Piccadilly St. Winchester, VA 22601 Property 64 A 80 J Name Blue Ridge Industries P.O. Box 1847 Winchester, VA 22604 Property T 64 A 80 Q Name Main of Winchester LLC 1936 Millwood Pike Winchester, VA 22602 Propem 64 A 80K Name R G R LLC P.O. Box 2600 Winchester, VA 22604 Property 64 A 80 L Wei • 0 Identification Number Address vameWinchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property 4 64 A 81 A NameWinChester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property t64 A 81 B Dame Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Propem•=64 A 81 dame Mearkle Charlie T 1600 Millwood Pike Winchester, VA 22602 Property 464 A 83 B Name Frederick County Sanitation Authority P.O. Box 1877 Winchester, VA 22604 Property = 64 A 83 C Nan,e Sempeles Helen J Trustee 107 Roszel Rd Winchester, VA 22601 Property � 64A A 12 ,Name Kaknis John H &Christopher Brooks CIO John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Propem• 64A 7 1 1 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Property = 64A 7 1 2 \ame Hartley Douglas Allen 100 Stanley Dr. Winchester, VA 22602 Property - 64A 7 1 3 Name Hartley Douglas Allen 100 Stanley Dr. VA 22602 Propem � 64A 7 1 4 ----]Winchester, Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property = 64A 7 1 5 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property =64A 7 1 6 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Propem=64A 7 1 7 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Propem=64A 7 1 8 Name and Propertti, 17 Name and Property Identification Number Address Vane Ravenwing Homowners Assoc Inc 9990 Fairfax Blvd Ste 200 Fairfax, VA 22030 Property=64G 2 1 63A \ameLambeft Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property=64A 7 1 10A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Propem' =64A 7 1 11 A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property' 64A 7 1 12A NameSpence Andrea L 1427 Millwood Pike Winchester, VA 22602 Propem�64A 7 1 13 Name Spence Andrea L 1427 Millwood Pike Winchester, VA 22602 Propertt-=64A 7 1 14 Name Loy David W 1441 Millwood Pike Winchester, VA22602 Fropem ' 64A 7 1 15 Name Ravenwing Homeowners Assoc 9990 Fairfax Blvd. Ste 200 Fairfax, VA 22030 Propert} 4`64G 2 1 52A �a„eRichmond American Homes of VA Inc 12220 Sunrise Valley Dr. Reston, VA 20191 Propem = 64A 1 17 Name Fisher Lloyd Est 813 N 18th St. Harrisburg, PA 17103 Propertyr64 A 1 16 NameSweetwater Properties LLC 1581 Pine Hall Rd Mathews, VA 23109 Property =64 A 122 Name Shenadoah Valley Electric PO Box 236 Mt Crawford, VA 22841 Property ,. 64 A 124A NamePerry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Propem r 64 A 123 \ame Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Propem-=64 A 123A 17 0 0 Name and PropeM? Identification Number Address Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Propem= 64 A 124 i Name Palma Paul Gregory 5814 Borden Grant Trl Raphine, VA 24472 Propem.=64 A 125 NameKennan Kelly Renee 906 Hunting Ridge Rd Winchester, VA 22603 Propem -64 A 132 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Propem � 64 A 133 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Property.' 64 A 134 NameShillingburg Gary W 1761 Millwood Pike Winchester, VA 22602 Properly--64 A 135 Name Propem Name Propem- Name Propem' Name Properly.-', Name Property Name Propem Name Properly Name Propem• 17 �? 'D -z z Nk Lac►s�; �1� } W 0-1 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. 1\`ame and Property Identification Number Address NameONE LOGISTICS PARK LP 3 BETHESDA METRO CENTER SUITE 1400 BETHESDA, MD 20814-6306 Property 764 A 83 'Name Property # Name Property n Name Property # Name Property Name Property 9 Name Property r Name Property # Name Property r Al oT E : T � e- elf I2e- ee f P2iyve'� 7,b be /e -A/ .s it s s�r���N ter✓ 4 s/ d� b� 14 b�.N�c� rc-z��e� ��e ��Plc� �,•.-cc( Gl.�w��t� �fi IFS ��( �� ►o�t,�.�,s- �G�u ��c��� ��A,ol1Ce 11,/� IQ2c�n- ��P�r h01-- CL� =� CAI �� V'-Q Y; y I Is t- o� `ram- �l �J o�r-i, (fit✓'_ Lo r(�(o� p&Lr_ o2( jA r # 0l cej s 4-frAj olr-r P &Z c2 . ADJOINING PROPERTY OWNERS 4 lI G.sy Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or real- or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Cou ntv Administrative Building, 1071Vorth Kent Street. Name and Property Identification Number Address 1 Name Prince Frederick Group LC C/O James L Mcilvanine Jr. 6231 Leesburg Pike Ste 600 Falls Church, VA 22044 Property #64 A 8 9 B Name Fredericktowne Group LC C/O Richard G. Dick 130 S Cameron St. Winchester, VA 22601 Property # 64 A 89 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property # 64 A 87A Name Winchester Regional 491 Airport Rd Winchester, VA 22602 Propertyi, 64 A 79 Name Frederick County Virginia 107 N Kent St. Winchester, VA 22601 Property # 64 A 82 NameCampfield LLC 112 E Piccadilly St. Winchester, VA 22601 Property #64 A 80 J Name Blue Ridge Industries P.O. Box 1847 Winchester, VA 22604 Property #64 A 80 Q Name Main of Winchester LLC 1936 Millwood Pike Winchester, VA 22602 Property #64 A 80K Name R G R LLC P.O. Box 2600 Winchester, VA 22604 Property # 64 A 80 L Name and Property Identification Number Address Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property rc64 A 81 A Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property 4 64 A 81 B Name Winchester Industrial Park LLC 119 Arbor Ct Winchester, VA 22602 Property 64 A 81 Nan,e Mearkle Charlie T 1600 Millwood Pike Winchester, VA 22602 Propem, 64 A 83 B Name Frederick County Sanitation Authority P.O. Box 1877 Winchester, VA 22604 Property ;-64 A 83 C NameSempeles Helen J Trustee 107 Roszel Rd Winchester, VA 22601 Property 64A A 12 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Property 4 64A 7 1 1 Name Kaknis John H & Christopher Brooks C/O John G Kaknis 656 N Hayfield Rd Winchester, VA 22603 Property :: 64A 7 1 2 \ame Hartley Douglas Allen 100 Stanley Dr. Winchester, VA 22602 Property i 64A 7 1 3 Name Hartley Douglas Alien 100 Stanley Dr. Winchester, VA 22602 Property n 64A 7 1 4 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property # 64A 7 1 5 dame Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property r 64A 7 1 6 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property # 64A 7 1 7 Name Cook Judy Belle 178 Grandview Ln. Clearbrook, VA 22624 Property =64A 7 1 8 17 • Name and Property Identification Number Address Name Ravenwing Homowners Assoc Inc 9990 Fairfax Blvd Ste 200 Fairfax, VA 22030 Property',64G 2 1 63A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property 64A 7 1 10A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property r64A 7 1 11A Name Lambert Kelsa R 1411 Millwood Pike Winchester, VA 22602 Property 64A 7 1 12A rameSpence Andrea L 1427 Millwood Pike Winchester, VA 22602 Property =64A 7 1 13 Name Spence Andrea L 1427 Millwood Pike Winchester, VA 22602 Property ;Y 64A 7 1 14 Name Loy David W 1441 Millwood Pike Winchester, VA22602 Property # 64A 7 1 15 Name Ravenwing Homeowners Assoc 9990 Fairfax Blvd. Ste 200 Fairfax, VA 22030 Property -:=64G 2 1 52A . an,eRichmond American Homes of VA Inc 12220 Sunrise Valley Dr. Reston, VA 20191 Property r 64A 1 17 Name Fisher Lloyd Est 813 N 18th St. Harrisburg, PA 17103 Property � 64 A 1 16 NamcSweetwater Properties LLC 1581 Pine Hall Rd Mathews, VA 23109 Property a 64 A 122 Name Shenadoah Valley Electric PO Box 236 Mt Crawford, VA 22841 Property � 64 A 124A Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property 4 64 A 123 Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property 64 A 123A 17 • Name and Property Identification Number Address Name Perry Engineering Co Inc 1945 Millwood Pike Winchester, VA 22602 Property=64 A 124 Name Palma Paul Gregory 5814 Borden Grant Trl Raphine, VA 24472 Property r 64 A 125 N'ameKennan Kelly Renee 906 Hunting Ridge Rd Winchester, VA 22603 Property=64 A 132 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Property "64 A 133 Name Napoli LLC 345 W Reservoir Rd Woodstock, VA 22664 Property $ 64 A 134 NameShillingburg Gary W 1761 Millwood Pike Winchester, VA 22602 Property =64 A 135 Name Property Name Property r Name Property tt Name Property Name Property Name Property .' Name Property Y Name Property 17 6 //IJ COUNTY ot' I REDERICK I %eparttnent ot' I'lannim, and Development 5.10/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-22 FOR ONE LOGISTICS PARK WINCHESTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester. Virginia to consider the following application: Rezoning #03-21 for One Logistics Park Winchester, submitted to rezone 3.16*L. acres from the R4 (Residential Planned Community) District to the M 1 (Light Industrial) Districts with proffers. The propgrty is located approximately one mile east of 1-81 on the south side of Millwood Pike (Route 50). east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-83B. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at ++++++ i, u, N Meeting, (Click on eComment for the June 15, 2022, meeting). Email to County staff at h+acchlo ,; ic+a.u, k11 ,01IIIIci ,1 i, , J u, Mail to Planning Department June 15. Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: Sincerely, John A. Bishop. AICP Assistant Director -Transportation JAB/pd 4tic� 107 North Kent Street, Suite 202 • Winchester. Virginia 22601-5000 +- L9G8/[9G90 fJany oane algltedwoo ww Eo[ x uiw 9Z ]ewaof ap aatarib 109 l qe AJeny gIIM algltedwoo j x,. [ ozls lagel Walsh, Colucci, Lubeley & Walsh, PC Walsh, Colucci, Lubeley & Walsh, PC Att: J. Randall Minchew Att: J. Randall Minchew 1 E. Market Street Ste 300 1 E. Market Street Ste 300 Leesburg, VA 20176 Leesburg, VA 20176 Walsh, Colucci, Lubeley & Walsh, PC Walsh, Colucci, Lubeley & Walsh, PC Att: J. Randall Minchew Att: J. Randall Minchew 1 E. Market Street Ste 300 1 E. Market Street Ste 300 Leesburg, VA 20176 Leesburg, VA 20176 One Logistics Park Winchester One Logistics Park Winchester Att: Tom Boylan Att: Tom Boylan The Meridian Group, The Meridian Group, 3 Bethesda Metro Center Suite 1400 3 Bethesda Metro Center Suite 1400 Bethesda, MD 20814 Bethesda, MD 20814 One Logistics Park Winchester One Logistics Park Winchester Att: Tom Boylan Att: Tom Boylan The Meridian Group, The Meridian Group, 3 Bethesda Metro Center Suite 1400 3 Bethesda Metro Center Suite 1400 Bethesda, MD 20814 Bethesda, MD 20814 One Logistics Park Winchester Walsh, Colucci, Lubeley & Walsh, PC Att: Tom Boylan Att: J. Randall Minchew The Meridian Group, 1 E. Market Street Ste 300 3 Bethesda Metro Center Suite 1400 Leesburg, VA 20176 Bethesda, MD 20814 One Logistics Park Winchester Walsh, Colucci, Lubeley & Walsh, PC Att: Tom Boylan Att: J. Randall Minchew The Meridian Group, 1 E. Market Street Ste 300 3 Bethesda Metro Center Suite 1400 Leesburg, VA 20176 Bethesda, MD 20814 R*I 'Ai label size 1" x 4" compatible with Avery 65161/8161 �� Etiquette de format 25 mm x 102 mm compatible avec Avery 05161/8161 • J. Randall Minchew Managing Shareholder Loudoun County Office (571) 209-5777 jrminchew@thelandlawyers.com Via E-Mail & Hand -Delivery 1 �SIFilI� WALSH COLUCCI LUBELEY & WALSH PC May 4, 2022 Wyatt Pearson, AICP, Director John Bishop, AICP, Assistant Director, Transportation Frederick County Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 M AY 5 FREDERICIe COUNTY PLANNING AND DEVELOPMI-NT Re: Rezoning Application of One Logistics Park, LP Addition of Former Mearkle Property (Parcel # 64A-A-83, 3.16 acres) Dear Mr. Pearson and Mr. Bishop: Following the approval of the One Logistics Park rezoning application RZ #01-21 by the Board of Supervisors on July 14, 2021, a number of Board members encouraged the Applicant to exercise best efforts to acquire an improved parcel of land completely surrounded by the One Logistics Park property owned by Mr. Charles Mearkle (Parcel # 64A-A-83, 3.16 acres) and then seek to incorporate that property into the One Logistics Park M-1 rezoning assemblage. This was good advice and earlier this spring, One Logistics Park, LP became the owner of the former Mearkle property. We would like to move forward with a proposed rezoning of the former Mearkle property to the M-1 zoning district and for ease of zoning administration, would propose to subject this property to the exact same proffers as approved in rezoning application RZ #01-21. 1 am enclosing with this letter all of the required submission items in electronic form and will hand -deliver the filing fee check and "wet ink" copies of the application documents with you tomorrow. We look forward to the honor of working with you on this application Enclosures, as stated Very truly yours, WALSH, COLUCCI, LUBELEY & WALSH, P.C. J. andall Minchew ATTORNEYS AT LAW 703 737 3633 WWW.TIICLAN DLAWYERS.COM 1 E. MARKET STREET SUITE 300 1 LEESBURG, VA 20176.3014 ARLINGTON 703 528 4700 1 WOODBRIDGE 703 680 4664 ONE LOGISTICS PARK L.P. 3 BETHESDA METRO CENTER SUITE 1400 1008 BETHESDA, IVID 20814 14-9/650 a. Date 0 3 Pay To The Order of I re o, gvrer Fre-Jcr,c 4o VA fly 0 oc 4-ArceF A-,JreJ :p'X4 ai J Dollars sn 7 Caj italuqe' 0 Capital One, N.A, For -Me 11100100811' ':06500009011: 13E 14 TO 11 2111 0 APPLICATION FOR IZE7ONING FREDEIZICK COUNTY, VIIZGINIA In orde►• to rezone a parcel of land in I-rederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezonings arc ultimately approved or denied by the County Board of Superviso►-s. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. If you have questions or need assistance, please contact the Department of Planning and Development at (540) 665-5651. APPLICATION MATERIALS The following materials must be submitted to the Department of' Planning and Development. . A completed application form (the form is attached). V-1-A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. VS --A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Ccnter, 5 North Kent Street, Winchester. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 4. V111"p,roffer Statement. Specific conditions to be volunteered as pail of the application. See explanation and instructions on Page 10. 8. Completed agency comment sheets. Comments sheets arc attached. It may not be required that all comment sheets be completed. Check with the Department of Planning and Devclop vent to determine which comment sheets arc applicable. (f,�'jr'(t��G� '� /i (� S(G5 Digital copy of all application materials (PDF Format Preferred). Fees. There is a fee of $5,000.00 base plus $100.00 pet- acre for two act -es or less; $10,000.00 I ( to, 3/6.00) ( 3. 1614c/2e- 9 • 0 base plus $100.00 per acre for more than two acres but less than 150 acres; $10,000.00 base plus $100.00 per acres for the first 150 acres plus $50.00 per acre for each acre over 150 acres. Checks should be made payable to "Treasurer of Frederick County." APPLICATION STEPS In order to apply for a rezoning, the following procedural steps must be completed. / Meeting with staff. Before a rezoning application can be considered, the applicant must V schedule a meeting with the planning staff to discuss the proposed rczoning and the necessary application materials. During this meeting, the planning staff will advise the applicant as to which agency review comments ill be needed and whether a review by the I-f istoric Resources Advisory Board is needed.d r. C /B. Complete the application form, including an impact statement and attach a boundary survey of f/ the parcels and area to be rezoned. C 40 r-C} (/ C. Prepare a proffer statement according to the attached instructions on Page 8. Review of Proffers by County Attorney (If proffers are submitted): All proffer statements must be submitted for County Attorney for review. No application package with proffers will be considered complete until the proffers have been reviewed by the County Attorney. A copy of the attached Frederick County Attorney comment sheet should be delivered to the Planning Department for distribution to the County Attorney. Such submittal shall include a locati n map, and the 1 completed application form and proffer statement. (s41111 f{f& i\D CO--�-rfwZ-C-Y) E. Obtain review agency comments. It will be the responsibility of the applicant to obtain review agency comments. To obtain these comments, the comment sheets, together with a location map, survey, proffer statement, application form and applicant's impact statement, should be submitted to the appropriate agencies. It may not be required that all comment sheets he completed; check with the Department of PlanningandDevelopment to deterntiite w/rich comment sheets will be required.�� 51 �11i t�CGS/ Formal submission of the application for the next available Planning Commission meeting. A completed application, including a location map, survey, proffer statement, applicant's impact statement, and appropriate review agency comments, must be submitted to the Planning Department_ Submittals shall occur in the form of one paper copy and one digital copy (CD or flash drive required that includes a pdf of all materials). Once the application is submitted, the planning staff will place notices in the local newspaper indicating the nature Of tile rczoning and the hearing date. Rezonings must be advertised according to the requirements of § 15.2-2204 of the Code of Vit-Iinia. in addition, all property owners of land adjoining the property to be rezoned will be notified by the Planning Department of the public hearing by mail. The applicant will also be notified of -the time and place of the hearing. �G. Pay fees and obtain a sign. The application The must be submitted along with the application. V Staff will assist you in determining the fee. Upon submittal ofyour completed application, a public hearing sign will be provided to you. I'he sign is to be posted on the land to be rezoned so that it is visible from adjoining roads and property. it must be posted at least seven (7) days before the public hearing and maintained so as to be visible from adjoining roads and property until after the public hearing. Failure to post the sign will result in your application being tabled. H. Planning Commission Public Hearing. Planning Commission public hearings are held on the First and third Wednesdays of the month at 7:00 P.M. in the Board Room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The applicant must be present or represented at the hearing and will be expected to present the proposal in a thorough, professional, and concise manner and to respond to questions from Planning Commissioners. The Planning Commission makes a recommendation to the Frederick County Board of Supervisors concerning whether the rezoning should be approved. The Planning Commission is not required to take action at the public hearing, but must make a recommendation within ninety (90) days of the initial public hearing. I. Set Date for Board of Supervisors Public Hearing. Before the Board of Supervisors can act on a rezoning, a public hearing must be held according to the requirements of § 15.2-2204 of -the Code of Virginia. Once a recommendation on the rezoning has been made by the Planning Commission, a request for a public hearing on the proposed rezoning will be submitted by the Planning Department to the Board of -Supervisors. The staff will advertise the hearing for the date set by the Board and will notify adjoining property owners and the applicant of the time and place of the Board hearing. The sign must remain posted or be ►•c-posted at least seven (7) days before the Board hearing. J. Board of Supervisors Public Hearing. The Board of Supervisors meetings are held on the second and fourth Wednesdays of each month at 7:00 P.M in the Board Room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The applicant must be present or represented at the Board of Supervisors hearing. The Board of Supervisors makes the final decision concerning the approval or denial ofthe rezoning request. The Board does not have to act at their public hearing; however, they must act within one year of the date the completed application was received by the planning staff. The applicant will be notified in writing of tile final action of the Board of Supervisors. IMPACT ANALYSIS STATEMENT Each rezoning applied for will require the submission of an impact analysis statement. The Director of Planning and Development may waive this requirement for certain rezoning requests such as small areas of land which will involve negligible impacts. The applicant's impact analysis may use different methods and formats and in many cases should be prepared by a professional. The applicant should discuss the impact statement content and format with the planning staff. In general, each ofthe following issues should be separately and specifically addressed and information should be provided as specified: A. Suitability of the Site: The location of each of the following constraints or features on the site should be indicated: * 100 year flood plains *wetlands *steep slopes (over 15%) *mature woodlands *prime agricultural soils *soil or bedrock conditions which would create construction difficulties or hazards A general estimate of the amount of area in each of the above categories should be noted. Information on any other site constraints or hazards should also be noted. B. Surrounding Properties: The use of adjoining properties should be indicated along with the location of residences on the adjoining properties. The distance between the boundary of the property to be rezoned and residences or other structures which might be impacted by the rezoning should be indicated. The potential for impacts on surrounding properties associated with noise, glare, finnes, pollution, odors or other nuisance factors should be addressed. C. Traffic: The impact analysis should describe the projected impact that the rezoning will have on surrounding roads and the County's adopted road improvement plan. Existing conditions should be discussed and standard sources or methods should be used to describe the maximum traffic that would be anticipated from development of the site under the existing and proposed zoning. 11 • • Information on anticipated traffic should be provided in terms of average trips per day and average peak hour trips for each proffered phase of the project. Some determination of the resulting travel conditions on the roads should also be provided. In order to determine traffic generation, the maximum possible density or intensity of development should be used (the maximum possible density and intensity for each zoning district can be found on Page 8 of this application packet.) Lesser densities or intensities ofdevelopment should be used only if they have been proffered. A detailed Traffic Impact Analysis (TIA) is required with all rezoning applications. Examples of additional information which may be required include: *Detailed traffic count information on roads impacted including traffic in each lane *Information on turning movements at intersections and entrances impacted *Existing level of service on roads and at intersections impacted *Distribution oftrips generated on roads impacted *Projected level of service on roads without rezoning *Projected level of service on roads impacted with rezoning, upon completion of each proffered phase and after complete build out of the site. *The resulting road improvement cost that would be the result of the rezoning The detailed traffic analysis shall be prepared by a qualified professional and employ standard traffic planning methods and data sources, such as those described in the following sources: Transportation Research Board, Highway Capacity Manual, Special Report 209. Institute of Transportation Engineers, Trip Generation. Joe Mehra and C. Richard Keller, Development and Application of Trip Generation Rates, Federal Highway Administration, Report Number 17I-IWA/PL/85/003. C. Richard Keller and Joe Mehra, Site Impact Traffic Evaluation (S.I.T.E.) Handbook, Federal Highway Administration, Report Number 17I-IWA/PL/85/004. In making projections, the applicant may select a time period which seems appropriate in terms ofthe build out period ofthe project. The detailed traffic analysis should describe the methods used. Details of the calculations should be provided along with a narrative describing the analysis, the assumptions used, and the results. Data sources should be noted. Deferral of Traffic impact Analysis —Planning Staff shall decide if TIA deferral is permissible. Staff will be present during the pre -application meeting to help determine if a TIA is necessary for a rezoning application. Please see the "Application for Deferral of "Traffic impact Analysis (TiA) attached to the Transportation Comment sheet. Either the approved deferral form or a TIA is required with the submission of a rezoning application. D. Sewage Conveyance and Treatment: Sewage now projections should be based on proffered phasing ofthe project and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing sewer mains to be employed should be noted along with the distance to these mains. Information should be provided on the capacity of the existing sewer mains and what effect the proposed rezoning will have on capacity. Ifon-site sewage disposal is to be used, information should be provided on the suitability of soils, type of treatment proposed, and the feasibility and appropriateness of methods to be used. Potential for impacts to water quality should be addressed. C. Water Supply: Water use projections should be based on proffered phasing of the project and on complete build out of the site at the maximum possible density or intensity of development after rezoning. The location and size of existing water mains (or wells) to be employed should be noted along with the distance to the mains. information should be provided on the capacity of the existing water mains and what effect the proposed use will have on capacity. F. Drainage: Drainage features and patterns on the site should be described. Streams and drainage ways potentially impacted by drainage from the site should be identified and potential impacts should be described. G. Solid Waste Disposal Facilities: The impact analysis should project the amounts of'solid waste to be generated for each proffered phase or for the average year after complete development of the site. The projection should be based on the maximum allowed density on the site unless lower densities have been proffered. H. Historic Sites and Structures: The location of historic sites and structures, identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of I-fistoric Resources, or listed on the State or National Register, on the land 6 to be rezoned or on adjoining properties, should be described. The distance from the boundary of the land to be rezoned to the historic structure or site should be given. There may be other sites that were not identified by the County Survey that should be identified by the impact analysis statement. I. Impact on Community Facilities: The applicant's analysis should project the local revenues that would be generated by the structures or facilities proposed. The projections should be for each proffered phase and for the average year after complete development of the site. The costs of services provided to the development, and local government activities that would need to be increased as a result of the proposed development, shall be projected for various government services including the following: Education Police Protection Fire and Rescue Protection Parks and Recreation Solid Waste Disposal Other Government Activities In addition, for all residential rezonings and proffer amendments, the applicant shall provide a justification narrative that identifies all impacts to the following: School Facilities Parks and Recreation Facilities Fire and Rescue Facilities Public Safety Facilities Library Facilities General Government Facilities This narrative shall include a detailed description of the following: a) Specifically identify all of the impacts of the proposed rezoning/proffer amendment; b) Propose specific and detailed mitigation strategies and measures to address all ofthe impacts of the proposed rezoning/proffer amendment; c) Specifically address whether all of the mitigation strategies and measures are consistent with all applicable law, including, but not limited to, Virginia Code 15.2-2303.4 (effective July 1, 2016); d) Specifically demonstrate the sufficiency and validity of those mitigation strategies using professional best accepted practices and criteria, including all data, records, and information used by the applicant or its employees or agents in identifying any impacts and developing any proposed mitigation strategies and measures. J. Other Impacts: General impacts on the cost ofproviding County facilities to serve the development or its residence should be described using the Capital Improvements Plan as a reference. Other potential impacts on surrounding properties should be described. The maximum possible density for the R-4, Planned Development District is four dwellings per acre. For the R-5, Recreational Community District, it is 2.3 dwellings per acre. Maximum Possible Business and Industrial Intensities By 8 Maximum Possible Residential Densities in the Residential Performance Zoning District, Determined in Terms of Fiscal Impact Parcel Sire Maximum density 0-10 Acres 10 Dwellings Per Acre 1 1-100 Acres 6 Dwellings Pei- Acre 101+Acres 6 Dwellings Per Acre Zoning District -Determination Based on Trip Generation and Fiscal Impact on Capital Facilities Zoning District Maximum Possible Square Feet of Structure Per Acre of Use B-1 13,068 Square Peet of Retail Use B-2 21,361 Square Pcet of Retail Use B-3 18,848 SquarePeet of Retail Use OM 23,056 Square Feet of General Office Use -I Square Peet of General Office Use M-2 28,050 Square I--ecl of General Office Use PROFFER STATEMENTS The Frederick County Code allows applicants for rezoning to offer conditions (proffers) to be placed on the land as a part of the rezoning application. If' accepted by the Board of Supervisors, such proffers will become regulations applying to the land rezoned in addition to normal zoning regulations. The existence of such conditions will be notated on the zoning map and will apply to the land, regardless of changes in ownership, unless or until the conditions are changed through a subsequent ordinance amendment process. The proffers must address needs resulting from the rezoning. In determining what types ofproffers to offer, the applicant should consider the possible impacts identified by the impact analysis statement. The applicant should also consider policies in the Frederick County Comprehensive Plan. The Frederick County Zoning Ordinance discusses proffers and lists some of the types of proffers that might be offered. These can include: *Various limitations on the use of the land *Off site and on site facilities and improvements *Site layout or plan features *Dedication of land orcash contributions for facilities identified in the Capital Improvements Plan or Road Improvement Plan which would be impacted by the proposed rezoning. Proffer statements must identify the facilities for which contributions and dedications are to be made. A detailed description of the methodology used to determine which contributions and dedications will be made should be clearly specified by the applicant. The applicant may choose to proffer a generalized development plan. An example where an applicant may want to proffer a generalized development plan is when there may be certain site design issues the applicant wants to address that can be conveyed better graphically than in writing. When having land rezoned to the R-4 Residential Planned Cominuiiily District, a master development plan must be submitted with the rezoning application. The master development plan mrrst follow the procedures specified in Article VIII of the Frederick County Zoning Ordinairce and must be completed concurrently with the rezoning. Proffers shall be submitted as a part of the initial application package. A final, signed and notarized version of the proffer statement must be received prior to the staff's mailing ofthe Planning Commission agenda for the meeting that the rezoning application will be heard. All proffer statements must be submitted to the County Attorney for review. No application package containing proffers will be cofrsidered completed rutless the proffers have been reviewed by the Corrnty Attorney and the appropriate review agencies. A proffer statement shall contain the following information: • Name of the development; • Property Identification Number(s); 9 0 • Total acreage proposed to be rezoned; • Current zoning district and proposed zoning district; • Record Owner and applicant; • Original proffer date; • Revision date; • Statement of Preliminary Matters; • Each condition proffered should be numbered, separately listed, and clearly stated. • Only conditions that are clearly enforceable and not already required by local, State or Federal regulations should be proffered. If accepted, the requirements in the proffers shall constitute amendments to the Frederick County Code applying to the land rezoned. Proffer Revisions Significant changes to submitted proffers must be reviewed by relevant agencies. Such reviews must be received before proffer revisions are submitted to the Planning Commission. No significant changes to proffers will be considered by the Planning Commission once the original advertisement for the proposed rezoning has been published. Significant changes to proffers after the original advertisement may require re -advertisement for the proposed rezoning. 0 0 CAPITAL IMPACT MODEL On June 12, 2019, the Frederick County Board of Supervisors approved the use of the Capital Impact Model to project the capital impacts that would be associated with any rezoning petitions containing residential development, replacing the previous Development Impact Model. The Capital Impact Model was created by an economic consultant who evaluated and analyzed development within the County to assist the County in planning for future capital facility requirements. Critical inputs to the model are to be reviewed and updated annually to assure that the projections accurately reflect County capital expenditures. The Capital Impact Model projects that, on average, residential development has a negative impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after June 12, 2019 are expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: • Public Schools • Parks and Recreation • Public Safety: o Sheriff o Fire and Rescue o Animal Protection Applicants will need to provide the County with the location of the project, the total number and type of residential units are proposed (single family detached or attached, multifamily) the schools that will be utilized for this development and the Fire Station that would be the first responder to the area. Staff will then provide the Applicant with the model outputs that show the proposed impacts that would be generated by the residential development. n • RECEIVM MAY DOCUMENT APPROVAL FEll. M FREDERICK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUM IJT AEETS YOUR APPROVAL, INITIAL AND PROVIDE THE DATE AND TIME OF'f0t1lt APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLFA1 !'Z' ,0fl .)VIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COh"I'I la !Fl 1- Initials Date & Time Mark Tyler John Wyatt Brian COMMENTS: Received by Clerical Staff (Date & Time): �'