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Home My WebLink About09-24 Comments COUNTY OF FREDERICK Austin K. Cano Acting County Attorney (540) 722-8383 E-mail austin.cano@fcva.us October 1, 2024 VIA E-MAIL Mr. Christopher Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia Re: Rezoning Application – Middletown, LLC Tax Parcel Numbers 84-A-78 (the “Property”) Dear Mr. Mohn: You have submitted to Frederick County for review a proposed proffer statement (the “Proffer Statement”) for the proposed rezoning of the Property, 101.25± acres in the Back Creek Magisterial District, from the RA (Rural Areas) Zoning District to the TM (Technology Manufacturing Park) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments:  REZONING Line – For consistency with usual form, addition of “(101.25± acres)” after each instance of the word ‘District’ such that the line reads “RA, Rural Areas District (101.25± acres) to TM, Technology-Manufacturing Park District (101.25± acres).”  PROPERTY Line – For consistency with usual form, addition of “101.25± acres” before listing the Tax Parcel number.  Proffer A) 1. – Addition of “The GDP shall be attached to this Proffer Statement” for clarity.  Proffer C) 3. – Replacing the word “with” in the last sentence of this paragraph to “within,” to avoid ambiguity.  Proffer D) 1. – Addition of reasoning behind this proffer, including how it relates to the project as a whole, for clarity. This could be accomplished by referencing the TIA and Mr. Christopher Mohn October 1, 2024 Page 2 how it identifies recommended improvements or warranted signalization in the areas referenced. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Austin K. Cano Acting County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Mr. Klein, This office has completed our review of the Middletown, LLC rezoning application submitted by Greenway Engineering on behalf of Brian J. Hester and Jason G. Hester. This application is proposing to rezone Tax Map Parcel 84-A-78 from Rural Area (RA) to Technology Management (TM). The parcel consists of 101.25 acres +/-. We offer the following items for the County’s consideration of this rezoning: • VDOT has reviewed the Traffic Impact Analysis (TIA) submitted by the applicant and we are in general concurrence with the conclusions put forward by this analysis. The transportation mitigations identified in the TIA include three (3) new traffic signals located along Reliance Road: one at the intersection of Reliance Road and Route 11, one at the intersection of the SB I-81 Ramps and Reliance Road and one at the intersection of the NB I -81 ramps and Reliance Road. • Signal Justification Reports for all three signals have been provided by the applicant and approved by VDOT. The signal justification process requires analysis of any viable alternative intersections (e.g. roundabouts) and in this case traditional traffic signals were identified to be the appropriate solutions. • Please note that the traffic signal at the intersection of Reliance Road and Route 11 is located within the Town of Middletown and was previously proffered to be constructed by another development within the Town. VDOT has notified the Town that this signal is currently warranted and it’s our understanding that the design for this signal is currently underway. • In addition to the TIA and the SJR’s, the applicant has completed the required Operational and Safety Analysis Report (OSAR) for the proposed modifications to the I -81 interchange (i.e. the two traffic signals). This report was reviewed and approved by VDOT District staff, VDOT Central Office staff and the FHWA. Please note that the OSAR is valid for a period of three (3) years and an update to the report may be required if the interchange modifications are not completed within that time. • The current proffers dated August 7, 2024 provide for a total monetary contribution of $200,000 towards regional transportation improvements which could be used towards the construction of the identified mitigations (i.e. two traffic signals and associated improvements). VDOT currently estimates traffic signals to cost approximately $750,000-$1,000,000 each so another source of funding would be required to make up the difference (i.e. SMART SCALE or Revenue Sharing). We appreciate the opportunity to review and comment on this rezoning request. If you have any questions or concerns, please feel free to contact us. Thank you, Joseph W. Johnson, PE Area Land Use Engineer / Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike / Edinburg, VA 22824 Phone #540.534.3223 josephw.johnson@vdot.virginia.gov “To provide a safe, vibrant, sustainable community while striving to constantly improve the quality of life for our citizens and economic partners.” Rouss City Hall Telephone: (540) 667-1815 15 North Cameron Street FAX: (540) 662-3351 Winchester, VA 22601 TDD: (540) 722-0782 Website: www.winchesterva.gov May 10, 2021 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Water Service for Hester Property – Tax Map Parcel 84-A-78 (Frederick County) Dear Evan: As per your request in your correspondence dated May 5, this letter is to confirm that the City of Winchester is willing to provide public water service for future development of the Hester family property (tax map parcel 84-A-78) located on the north side and adjacent to Lord Fairfax Community College. The projected water service demand you provided is 20,000 gallons per day. Providing water service to this property will be contingent upon the developer adhering to all applicable City regulations, including extending water mains as necessary and the payment of water service availability fees. If you have any further questions, please contact me at your convenience. Sincerely, Perry Eisenach, P.E. Public Services Director Planning Office Wayne Lee, Coordinator of Planning and Development leew@fcpsk12.net 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 ext. 88249 P.O. Box 3508 Winchester, Virginia 22604-2546 September 3, 2024 Chris Mohn Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Re: Middletown, LLC – Wendell Hester Trust property rezoning application Dear Chris: Frederick County Public Schools has reviewed the Middletown, LLC – Hester Property rezoning application. We offer the following comments: 1. As part of our review of this application, we have discovered that, during construction of Middletown Elementary School, we began the process of dedicating Mustang Lane to VDOT, but never completed the process. We are interested in finishing that process, if possible. Mustang Lane currently exists in an easement on the Wendell Hester Trust property to the benefit of both FCPS and the owners of the Wendell Hester Trust property. Since the road is on Wendell Hester Trust property and to the benefit of that property as well as the school, we would like to gain the Trust’s approval to proceed with dedicating Mustang Lane. 2. We note the proffered 75’ to 150’ wide vegetated buffer along Mustang Lane and our common boundary with the proposed industrial site. 3. We note the proffer prohibiting industrial traffic on Mustang Lane. 4. We note the proffered ornamental landscaping on both sides of the entrance of Mustang Lane off of Valley Pike. Please be aware that the GDP does not show the ornamental landscaping on the north side of Mustang Lane. Please feel free to contact me at leew@fcpsk12.net or 540-662-3888 x88249 if you have any questions. Sincerely, K. Wayne Lee, Jr., ALEP Coordinator of Planning and Development cc: Dr. George Hummer, Superintendent of Schools Mr. Shane Goodwin, Assistant Superintendent for Administration Mr. Logan Sheppard, Director of Transportation Mr. Calvin Davis, Assistant Director of Transportation Mr. Tyler Klein, Senior Planner, Frederick County Planning 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 September 25, 2024 Mr. Chris Mohn, AICP Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Comments – Middletown, LLC Middletown, Virginia Dear Mr. Mohn: Upon review of the Rezoning request dated September 4, 2024, we recommend approval of the subject plan. A comprehensive review shall be performed if a site plan is submitted in the future. Sincerely, Joe C. Wilder Director of Public Works JCW/kco cc: Middletown Planning and Development file