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Home My WebLink About08-26 Proffer Statement dated 08.21.26PROFFER STATEMENT REZONING: RZ# ________ Rural Areas (RA) (244.062+/- acres) to Light Industrial (M1) (244.062+/- acres) PROPERTY: 244.062 Acres +/-; Tax Map Parcels 87-3-B, 87-A-16B, and 87-A-94 (collectively, the “Property”) RECORD OWNER: Estate of Montie Wood Gibson, Jr. (“Owner”) APPLICANT: Real Estate Pursuits LC (“Applicant”) ORIGINAL DATE OF PROFFERS: August 21, 2026 REVISION DATE: ________________ The undersigned Owner and Applicant hereby proffer that the use and development of the above-referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above-referenced M1 conditional rezoning is not granted as applied for by Owner and Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with “final rezoning” defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors’ (the “Board”) decision granting the rezoning may be contested in the appropriate court. If the Board’s decision is contested, and the Owner and Applicant elect not to submit development plans until such contest is resolved, the term final rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The terms “Owner” and “Applicant” as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the “Generalized Development Plan,” shall refer to the plan entitled “Rezoning Plan” dated May 8, 2026 and revised through August 21, 2026 (the “GDP”), attached hereto and incorporated herein by reference as “Exhibit A,” and shall include the following: 2 1. SITE DEVELOPMENT 1.1 Applicant shall develop the Property in substantial conformance with the GDP provided that minor modifications may be permitted during the Master Development Plan and final engineering process and as may be approved at the discretion of the Frederick County Planning Director. 1.2 The primary building material for all buildings on the Property shall be stone, wood, brick, architectural concrete masonry unit (e.g. regal stone, split face, precision ground face), precast concrete panels and EIFS (exterior insulation and finish systems), site-cast/tilt up concrete panels, or metal panels of architectural grade and quality. 1.3 Applicant shall install a green space buffer in the general locations shown on the GDP. 1.4 Applicant shall be permitted to install overhead power lines on the Property. 1.5 Applicant shall cooperate with the owner of Clarke County, Virginia Tax Map Number 27A-A-14 (the “Clarke County Property”) to install signage commemorating the Battle of Double Tollgate on the Clarke County Property. The signage shall be designed and written by the Shenandoah Valley Battlefields Foundation. If the owner of the Clarke County Property does not agree to the installation of such signage on the Clarke County Property, then this Proffer shall have no further force or effect. 2. TRANSPORTATION 2.1 Design of the roadway system shall be substantially consistent with the GDP. Access to Route 522 from Tax Map No. 87-3-B shall be achieved by one (1) point of connection in the general location shown on the GDP marked as “D”. Access to Fairfax Pike from Tax Map No. 87-3-B shall be achieved by two (2) points of connection in the general locations shown on the GDP marked as “B” and “C”. Access to Fairfax Pike from Tax Map No. 87-A-16B shall be achieved by one (1) point of connection in the general location shown on the GDP marked as “A”. The exact location and design of proffered improvements shall be subject to reasonable adjustment upon Master Development Plan and final engineering thereof, as approved and accepted by the County and the Virginia Department of Transportation (“VDOT”). 2.2 Applicant shall reserve a right-of-way along the Property frontage of Fairfax Pike to allow for the future dedication of the proposed 4-lane collector roadway as depicted on the Southern Frederick Land Use Plan Transportation with Trails Map dated November 10, 2021. Said right-of-way shall be established at a point measured 52.5’ from the existing center line of Fairfax Pike. 2.3 Applicant proffers to construct a 5’ wide sidewalk for the project frontage along Fairfax Pike. 2.4 Applicant proffers to construct a 10’ wide multi-use asphalt trail for the project along the western frontage of Route 522. 3 2.5 Applicant proffers to construct warranted left- and right-turn lanes at site entrances in the general location shown in the Traffic Impact Study. 2.6 All public streets and roads shall be designed and constructed in accordance with the applicable VDOT subdivision street requirements and subject to review and approval by the County and shall be subject to VDOT approval. 2.7 Provided there exists sufficient right-of-way, Applicant proffers to install an exclusive eastbound left-turn lane on Fairfax Pike at its intersection with Route 522 and a second northbound left-turn lane on Route 522 at its intersection with Fairfax Pike on or before the issuance of a Certificate of Occupancy for an industrial building[s], which have a total of greater than 1,500,000 square feet on the Property. Further, Applicant proffers to perform and submit a Signal Justification Report (“SJR”) to install such at grade road improvements required from the analysis of said SJR Site Entrance A and Site Entrance D as labeled on the GDP before the issuance of a Certificate of Occupancy for a building[s] which have a total of greater than 2,000,000 square feet. 3. PROFFER PAYMENTS: 3.1 Applicant shall make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building constructed on the Property. Said payment shall be made on or before the issuance of the Certificate of Occupancy for said building. 4. LIMITED USES 4.1. Applicant proffers that the Property shall not be developed for regional criminal justice, enforcement, and detention facilities. 4.2 Applicant proffers that the Property shall not be developed for a freestanding fast food restaurant and/or any restaurant that includes a drive-through window/food service. 5. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 5.1 Any portion of the Property hereafter dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these Proffers. 6. SEVERABILITY 6.1 In the event any portion of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 4 7. BINDING EFFECT 7.1 These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns, and successors in interest of Owner and Applicant. 8. ESCALATOR CLAUSE 8.1 In the event the monetary contributions set forth in these Proffers are paid to the County within twelve (12) months of the approval of this rezoning, as applied for by Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers which are paid to the County after twelve (12) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (“CPI-U”) published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date twelve (12) months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid. 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