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Planning commission tables rezoning of 101-acre Hester Tract after public outcry over traffic and battlefield impacts
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Summary
The Frederick County Planning Commission on Dec. 4 voted to table rezoning application 09/24 for 90 days after residents, the National Park Service and preservation groups raised traffic, historic‑resource and visibility concerns about a proposed Technology Manufacturing Park near Middletown Elementary School and Cedar Creek Battlefield.
The Frederick County Planning Commission voted Dec. 4 to table rezoning application 09/24 — a request to rezone roughly 101.25 acres in the Middletown area from Rural Areas (RA) to a Technology Manufacturing Park (TM) district — after extended public comment and commission questioning about traffic impacts, historic resources and site design.
Staff planner Scott Klein presented the application and described proffers the applicant has offered to mitigate impacts, including a 10‑acre public‑use tract dedicated to Frederick County, 150‑foot landscape buffers along Valley Pike and the school boundary, variable 75‑ to 150‑foot buffers along Mustang Lane, a 10‑foot multi‑use trail along Route 11, and a $280,000 monetary contribution toward regional traffic signalization. Klein highlighted concerns that the $280,000 proffer “does not cover the full cost of what signalization would cost at those interchange intersections” and noted staff preference that developers construct improvements rather than providing cash.
Chris Mone of Greenway Engineering, representing the applicant, said the proposal conforms to the county’s comprehensive plan designation for mixed industrial and office uses and that traffic and line‑of‑sight studies had been vetted by VDOT and the Federal Highway Administration. Mone said his team modeled a maximum development scenario that generated 3,239 average daily trips and that, using VDOT’s high estimate of $1 million per signal, a 14% proportional share for the project equated to $280,000.
Commissioners pressed the applicant and staff on several technical and policy points, including whether Mustang Lane could meet VDOT standards for dedication, whether the dedicated 10‑acre public‑use site must be rezoned, the adequacy of buffers and landscape screening, the possibility of limiting specific high‑impact uses in the TM district, and whether an archaeological (Phase I) survey had been completed. Klein confirmed an architectural cultural‑resource submission was with HRAB and Mone said the team would explore archaeological survey options.
During public comment, residents and preservation organizations urged caution or opposed the rezoning. John Owens described worsening traffic and warned of declining rural character and property values. Karen Beck Herzog, site manager for Cedar Creek and Belle Grove National Historical Park, said the Hester Tract falls within the updated National Historic Landmark District and recommended a formal archaeological survey, photo‑simulated viewshed analysis from battlefield vantage points, limits on building heights and materials, and other conditions to protect park resources. Jack Owens of the Shenandoah Valley Battlefields Foundation said the acreage is within the core battlefield and urged postponement until protective ordinances and codes for technology‑related infrastructure are in place.
Several commissioners echoed concerns about compatibility with adjacent school and historic properties and said the application package lacks sufficient resolution on traffic and historic‑resource issues. One commissioner argued the package was “very, rough” and recommended a minimum 90‑day tabling period to allow staff and the applicant to produce additional analysis and coordinate with preservation partners.
A motion to table rezoning 09/24 for 90 days (to the Feb. 19 meeting) carried on a roll call vote; recorded responses included Grama yes; Brumbeck yes; McKay yes; Snedden yes; Molden yes; Thomas yes; Cozzo yes; Kern yes; DeHaven yes; Trippet yes; and Chair yes. The chair asked the applicant to work with county staff and the National Park Service during the tabling period.
Next steps: the applicant may return with revised proffers, additional traffic and archaeological analysis, or photo simulations requested by preservation stakeholders. If the commission forwards a recommendation after the tabling period, the item will go to the Board of Supervisors for final action.
