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Home My WebLink About09-24 Proffer Statement revised 11.25.24Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 1 MIDDLETOWN LLC REZONING TAX PARCEL 84-A-78 PROFFER STATEMENT REZONING: RZ# ____ RA, Rural Areas District (101.25± acres) to TM, Technology- Manufacturing Park District (101.25± acres) PROPERTY: Tax Parcel 84-A-78, comprising approximately 101.25± acres as shown on the Generalized Development Plan (hereinafter the “Property”) MAGISTERIAL DISTRICT: Back Creek Magisterial District RECORD OWNER: Wendell Hester Trust, Brian J. Hester Trustee & Jason G. Hester Trustee (hereinafter “Owner”) APPLICANT: Middletown LLC (hereinafter “Applicant”) PROJECT NAME: Middletown LLC Rezoning ORIGINAL DATE OF PROFFERS: July 19, 2022 REVISION DATE: August 7, 2024; October 4, 2024; November 25, 2024 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_______ for the rezoning of 101.25± acres from the RA, Rural Areas District to the TM, Technology-Manufacturing Park District with proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns and the term “Owner” as used herein shall include any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 84-A-78, owned by the Wendell Hester Trust, Brian J. Hester Trustee and Jason G. Hester Trustee, recorded as Deed Book 862 Page 0675, and is Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 2 further identified by the Boundary Survey Plat prepared by Greenway Engineering, Inc., dated November 22, 2006, recorded as Instrument No. 070017020. PROFFER STATEMENT A) General Development Plan 1. The Owner shall develop the Property in substantial conformance with the General Development Plan – Middletown LLC Rezoning, prepared by Greenway Engineering, Inc., dated July 19, 2022, revised through August 1, 2024 (the “GDP”). The GDP shall be attached to this Proffer Statement. 2. The purpose of the GDP is to identify the general location of the Industrial and Public use development areas, the general location of regional stormwater management (SWM) facilities, the general location of buffer and tree save areas along Valley Pike (U.S. Route 11), the adjoining Frederick County Public Schools property, and Mustang Lane, the general location of ornamental landscaping, and the general location of improvements to Valley Pike (U.S. Route 11), to include entrance locations. 3. The content and components of the GDP may be adjusted by the Owner to accommodate final design and engineering constraints without the need for new conditional rezoning approval by the Frederick County Board of Supervisors, provided said adjustments do not eliminate, relocate, or substantially alter the areas described in Section A2. B) Industrial Use Development Area 1. Land Use a. The GDP designates 70.85± acres of the Property on the north side of Mustang Lane as the Industrial Use development area, exclusive of the adjoining stormwater management facility and buffers as described in Paragraph B.3. This area shall be developed with land uses permitted in the TM, Technology-Manufacturing Park District. Any uses involving the manufacture, storage, testing, or processing of live munitions shall be prohibited. b. The Owner hereby proffers that the intensity of TM uses developed in the Industrial Use Development Area shall be limited by projected weekday traffic generation to ensure consistency with the traffic impact analysis prepared for this rezoning application. The cumulative projected weekday traffic generation for uses developed on the Property shall not exceed 3,239 daily trips. Projected weekday traffic generation shall be based on data published in the Institute of Traffic Engineers (ITE) Trip Generation Manual, 11th Edition (TripGen 11) and tabulated prior to Site Plan approval for any TM use proposed on the Property. Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 3 2. Access a. The Owner hereby proffers to prohibit vehicular access to the Industrial Use development area from Mustang Lane. All vehicular access to the Industrial Use development area shall occur via commercial entrances on Valley Pike (U.S. Route 11). b. Vehicular access to the Industrial Use development area shall be limited to a maximum of two (2) commercial entrances on Valley Pike (U.S. Route 11) subject to Virginia Department of Transportation approval. c. The Owner shall construct a right turn lane along Valley Pike (U.S. Route 11) between the Mustang Lane intersection and the entrance(s) to the Industrial Use development area, as generally depicted on the GDP subject to Virginia Department of Transportation approval. The Owner shall complete construction of this improvement prior to the issuance of the first certificate of occupancy permit within the Industrial Use development area. 3. Buffering and Screening a. Valley Pike Buffer: The Owner shall provide a landscaped buffer along the frontage of the Industrial Use development area on Valley Pike (U.S. Route 11), as depicted on the GDP. The buffer shall be a minimum of 150 feet in depth and shall include screening elements consisting of either a berm and/or multiple rows of plantings as detailed on the GDP. All landscaping shall be comprised of native plant materials and cultivars. The buffer may be encroached by stormwater management facilities, but all screening elements detailed on the GDP shall be provided between any such facility and Valley Pike (U.S. Route 11) to ensure a consistent visual quality across the entire frontage of the Industrial Use development area. Disturbance of the buffer shall be limited to installation and maintenance of entrances, utilities, and screening elements. i. Stone Wall: The Owner shall preserve, to the best of their ability, the existing stone wall within the Valley Pike Buffer as a decorative feature. Such preservation shall include rebuilding damaged segments using any available stone wall material obtained from elsewhere on the Property. b. School Property Buffer: The Owner shall provide a landscape buffer along the segment of the south Property boundary adjacent to the property owned by Frederick County Public Schools. The buffer shall be a minimum of 150 feet in depth. The landscaping within the buffer shall consist of the preservation of existing trees, identified as Tree Save on the GDP. c. Mustang Lane Buffer: The Owner shall provide a landscape buffer along the Mustang Lane frontage of the Industrial Use development area, as depicted on the Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 4 GDP. The buffer shall be a minimum 150 feet in depth extending from the School Property Buffer tapering to 75 feet in depth at its terminus immediately east of the proposed stormwater management facility. The landscaping within the buffer shall consist of the preservation of existing trees, identified as Tree Save on the GDP. Limited disturbance within the buffer shall be permitted to accommodate utility connections and/or emergency access, if required by Frederick County. C) Public Use Development Area 1. Land Use a. The GDP designates 10± acres of the Property on the south side of Mustang Lane as a Public Use development area, exclusive of the adjoining stormwater management facility. No other TM land uses except for public uses shall be allowed to develop in this area. b. The Owner shall dedicate the 10± acres designated as Public Use on the GDP to Frederick County for future development of public use(s) as permitted in the TM District. The Owner shall complete this dedication within ninety (90) days of receiving Frederick County’s written request for same, but no sooner than eighteen (18) months of the date of rezoning approval or unless a site plan has been approved for the Industrial Use development area, whichever occurs first. 2. Landscaping The Owner shall provide ornamental landscaping along the Property frontage between the stormwater management facility and Valley Pike (U.S. Route 11) and on both sides of the existing Mustang Lane site entrance, as depicted on the GDP. Such landscaping shall consist of a mix of deciduous trees, evergreen trees, and flowering shrubs. All landscaping shall be comprised of native plant materials and cultivars. 3. Stormwater Management The Owner shall design and construct a stormwater management facility adjoining the Public Use development area as depicted on the GDP. The stormwater management facility shall be designed to accommodate the stormwater detention requirements of both the Industrial Use and Public Use development areas. Construction of the stormwater management facility shall occur at the time of development of the Industrial Use development area. 4. Interpretive Signage The Owner shall provide a monetary contribution of $3,000.00 for future installation by Frederick County of interpretive signage within or adjacent to the Public Use development area. Such signage is intended to highlight the history of the surrounding area prior to and Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 5 including the Civil War (e.g., Battle of Cedar Creek, Sheridan’s Ride, and/or any other noteworthy historical context of the area). The monetary contribution shall be made payable to Frederick County prior to issuance of the first certificate of occupancy for the Property. D) Transportation Enhancements 1. The Owner shall provide a monetary contribution of $280,000.00 for their proportional share of future regional transportation improvements involving the ramp intersections of Interstate 81 and Reliance Road (VA Route 627) as indicated by the Hester Trust Property Traffic Impact Study, dated July 27, 2022, prepared by Wells + Associates. These improvements may include signalization, turn lane installation, widening or extension of existing travel or turn lanes, or such other improvements as deemed necessary and appropriate by Frederick County and the Virginia Department of Transportation. The Owner agrees that the monetary contribution may be used by Frederick County as local matching funds for revenue sharing, federal or state transportation improvement grants, or other financing programs that will apply to the ramp intersections of Interstate 81 and Reliance Road. The monetary contribution shall be made payable to Frederick County prior to issuance of the first certificate of occupancy for the Property. 2. The Owner shall provide a 10-foot-wide asphalt trail along the Valley Pike (U.S. Route 11) frontage of the Property. The trail shall be located as generally shown on the GDP, with final location determined at time of site plan. The trail shall be installed prior to issuance of the first certificate of occupancy for the Property. 3. If requested by Frederick County or the Virginia Department of Transportation, the Owner shall dedicate the 60-foot-wide access easement containing existing Mustang Lane and its associated improvements to the Commonwealth of Virginia for state ownership and maintenance. Such dedication shall only occur upon determination by the Virginia Department of Transportation that Mustang Lane will be accepted into the state system in its current physical condition. The Owner shall complete this dedication within ninety (90) days of receiving written request for same from either Frederick County or the Virginia Department of Transportation. E) Monetary Contribution The Owner shall provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for the Property. OWNER SIGNATURE ON FOLLOWING PAGE Greenway Engineering July 29, 2022 Tax Parcel 84-A-78 Revised August 7, 2024 Revised October 4, 2024 Revised November 25, 2024 File# 0127E/CM 6 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Wendell Hester Trust Date Brian J. Hester, Trustee Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public By: Wendell Hester Trust Date Jason G. Hester, Trustee Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public