034-24 (RezD&MContainerService(JJohnson)) ORDINANCE
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Action:
PLANNING COMMISSION: September 4, 2024 Tabled
October 2, 2024 Recommended Approval
BOARD OF SUPERVISORS: November 13, 2024 Adopted
AMENDING THE ZONING DISTRICT MAP
REZONING 08-24 FOR D&M CONTAINER SERVICE
(J. JOHNSON)
WHEREAS, REZONING 08-24 for D&M Container Service (Jimmy Johnson) submitted to rezone
approximately +/- 13-acres from the RA (Rural Areas) Zoning District to the MI (Light Industrial)
Zoning District with proffers. The properties are generally south of Fairfax Pike (Route 277) and west
of Ridings Lane at 1290 Fairfax Pike, White Post, VA and is identified by Property Identification
Number 86-A-180 in the Opequon Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on
September 4, 2024, and tabled action to October 2, 2024; and
WHEREAS, the Frederick County Planning Commission held a public meeting on this rezoning on
October 2, 2024 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this rezoning
during their regular meeting on November 13, 2024; 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; and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in
accordance Chapter 165 of the Frederick County Code, Zoning, to rezone +/- 13-acres from RA (Rural
Areas) Zoning District to the MI (Light Industrial) Zoning District with proffers. 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.
Res. No. 034-24
Passed this 13"', day of November 2024 by the following recorded vote:
Josh E. Ludwig, Chairman Aye John F. Jewell Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blaine P. Dunn Aye Judith McCann.-Slaughter Aye
Robert T. Liero Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Admini4 •ator
Res. No. 034-24
14-90-1-6-11 REZONING#08-24
D&M Container Services (J.Johnson)
Staff Report for the Board of Supervisors
Prepared: October 29,2024
Staff Contact: M. Tyler Klein,AICP, Senior Planner
Executive Summarv:
Meeting Schedule
Planning Commission: September 4, 2024 Action: Tabled to 10/2/24
October 2, 2024 Action: Recommended Approval
Board of Supervisors: November 13, 2024 J Action: Pending
Property Information
Property Identification Number PIN 86-A-180
Address 1290 Fairfax Pike, White Post
Magisterial District O e uon
Acreage +/- 13.0-acres
Zoning & Present Land Use Zoning: RA(Rural Areas)
Land Use: Residential
Proposed Zoning M1 (Light Industrial
Adjoining Property Zoning & Present Land Use
North: RA Rural Areas Land Use: Residential
South: RA Rural Areas Land Use: Vacant
East: RA Rural Areas Land Use: Residential
West: RA Rural Areas Land Use: Residential
Proposed Use
This is a request to rezone one (1)parcel totaling 13-acres from the RA(Rural Areas) Zoning
District to the Ml (Light Industrial)Zoning District with proffers for the purposes of
establishing a container service facility and other M1 Zoning District uses.
Positives Concerns
The proposed rezoning proposes a use Proffer 3.7 seeks to address "high quality
(container service facility)typically architecture"as identified in Plan policy. Other
associated with the "industrial"land use recent rezoning applications in the vicinity
designation as identified in the have committed to 100% of the road facing
Comprehensive Plan. The revised proffer facades to be constructed of one or a
statement(9/25/24) further limits the allowed combination of the following: cast stone,
M1 uses to those which impacts have been stone, brick, architectural block, glass, wood,
mitigated through other proffered d vit or stucco. Whereas included in the
Page 2 of 7
commitments, and limits hours of operation revised proffer statement (9/25/2024) "a
for certain activities associated with a minimum surface area of twenty-five percent
"container service facility." (25%) of the building fagade facing Route 277
Fairfax Pike shall be constructed to contain
The proffer statement includes right-of-way one or a combination of the following: cast
(ROW)reservation for the future condition of stone, stone, brick, architectural block, glass,
Route 277 as an "improved minor arterial wood, dryvit, or stucco."
roadway,"including a 10'wide multi-use
trail, addressing Plan policy.
The revised proffer statement addresses area
plan policy about implementing "high-quality
architecture and site design"in this area of the
County by including a landscape buffer along
Route 277 and committing to building
materials for the fagade.
Page 3 of 7
Review A2ency Comments:
Review Agency Comment Comment Summary Status
Date
Frederick County (FC) September 19, Legal Form. Addressed
County Attorney 2024
See revised comment letter.
Virginia Department of June 11, 2024 "VDOT has reviewed our portion of Addressed
Transportation the rezoning application of tax map 86-
(VDOT) A-180 (Owner, Jimmy A Johnson). We
have the following comment, while we
do not see any issue with the proposed
use, the rezoning of the parcel to M1,
would not allow us to use the traffic
data provided. M1 would allow many
uses that would far exceed the 85 VPD,
and we would have to look at the
highest and best use for the parcel and
use that to determine the traffic impact.
The proffer statement did not proffer
out any specific high traffic uses, so we
would need to re-evaluate this based on
the highest and best use of M1 which is
not represented in this application."
FC Public Works May 20, 2024 No comments at this time.
FC Fire Marshal May 13, 2024 "Any and all future development shall
comply with the Frederick County Fire
Prevention Code."
Frederick Water May 21, 2024 "The project parcel is located within the Addressed
sewer and water service area (SWSA),
and therefore by county policy,
Frederick Water's water and sewer
services may be extended to the site at
the user's expense. A 12-inch water
main traverses the property frontage
along Fairfax Pike. Sanitary sewer
service is not presently in the vicinity.
The rezoning application package
clearly intends to not pursue public
sewer but proposes to utilize private
private on-site waste disposal.Frederick
Water has not been in discussion with
the application regarding this private
on-site sewer disposal approach and
will defer to the County and the Health
Page 4 of 7
Department on the appropriateness of
utilizing private on-site sewer disposal."
See comment letter.
Virginia Department of May 1, 2024 "It appears the plan is to utilize the Addressed
Health (VDH) existing onsite waste sewage system
and water supply currently connected to
existing structures and use the dwelling
at 1290 Fairfax Pike as a business
office.
Our concern is whether the existing
onsite sewage system and private well
are safe, adequate, and proper for
proposed use."
See comment letter.
Planning & Zoning Staff Analysis:
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan
(SOFRED, 2017) provide guidance on the future development of the subject property. The Plan
identifies the subject properties with a "industrial" land use designation and as being within the
limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area
(UDA). Further,the SOFRED plan identifies the subject properties within the"Route 277 Triangle
—Centers of Economy"planning area(map inset below). The plan states:
"The Route 277 Triangle Centers of Economy is designed to be a significant area of
commercial and industrial opportunity that is fully supportive of the Frederick County
Economic Development Authority's targeted goals and strategies. The intent of the mixed-
use designation is to further"enhance the County's commercial and industrial areas and to
provide focus to the County's future regional employment centers. In specific areas a mix
of flexible uses, with office uses in prominent locations, is encouraged. Such areas are
supported by substantial areas of industrial and commercial opportunity and provide areas
that are well designed with high quality architecture and site design. It is the intent of such
areas to promote a strong positive community image. "
Page 5 of 7
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Further, the "Business Development" Chapter of the Comprehensive Plan includes several
"targeted industries" for expansion of industrial land uses, this includes advanced manufacturing,
headquarters and back office, professional and creative services, and agribusiness and food
processing.
The proposed rezoning proposes a use (container service facility) typically associated with the
"industrial" land use designation in the Comprehensive Plan. However, the proposed rezoning
application materials do not specifically address how the use supports the County's targeted
industries (identified above) or the area plan's vision for"a mix of flexible uses." In this respect,
the application is notfullcompatible with the Comprehensive Plan policies.
Transportation& Site Access:
The Plan also identifies transportation improvements in the vicinity of the subject properties.
Fairfax Pike (Route 277) is identified as an"improved minor arterial roadway;" right-of-way will
be required along the subject properties frontage to accommodate this future condition as well as
any warranted turn lanes (subject to VDOT approval). Further,the Plan identifies a multi-use trail
along the frontage.
The proffer statement, revised September 25, 2024, provides for 52.5' of right-of-way (ROW)
reservation along Fairfax Pike for the future condition (widening), and to include the multi-use
trail shown on the Plan. Further, the proffer statement includes a provision for a Traffic Impact
Analysis (TIA) at the time of the site plan for any uses that may generate more than 85 daily trips.
Proffer Statement, Generalized Development Plan (GDP), & Impact Anal
The proffer statement, revised September 25, 2024, proposes the following:
Page 6 of 7
Proffers Staff Comment
(Revision Dated 9/25/24)
Proffer I —Transportation No comments.
Proffer 2—Fire and Rescue No comments.
Proffer 3 —Land Use Proffers 3.7 and 3.8 have been included to
better address Plan policy specific to "high-
quality architecture and site design." Other
recent rezoning applications in the vicinity
have committed to 100% of the road facing
facades to be constructed of one or a
combination of the following: cast stone,
stone, brick, architectural block, glass, wood,
dryvit or stucco. The buffer treatment along
the roadway frontage is equivalent to other
applications in the vicinity.
The generalized development plan (GDP) dated April 24, 2024, is included below and identifies
Phase I and Phase II use of the property.
----- ------------ ---
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Page 7 of 7
Planning Commission Summary and Action From the 09/04/24 Meeting:
The Planning Commission held a public hearing on September 4, 2024. One (1) member of the
public spoke in support of the proposed rezoning application. The primary discussion among the
Planning Commission was the potential impact of the rezoning that as proposed may allow for any
allowed M1 Zoning District use, some of which may have an impact on adjoining properties. The
application was tabled to October 2, 2024, and the applicant was directed to address allowed uses,
future right-of-way (ROW)for Route 277 to accommodate a trail section, hours of operation for a
container service facility, and architecture and site design.
Planning Commission Summary and Action From the 10/02/24 Meeting:
The Planning Commission discussed this item on October 2, 2024. In their remarks, the Planning
Commission expressed support for the changes the applicant made to the application to address
future Route 277 ROW, architectural standards envisioned by the Plan, hours of operation, and
restrict industrial uses that could impact adjoining residential properties and roadways. The
Planning Commission unanimously recommended approval (Commissioner DeHaven absent) of
the rezoning application.
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
rezoning application.
REZ # 08 - 24: D and M Container Service
PIN: 86 - A - 180
Rezoning from RA to M1
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D &M Container Proffer Statement
PROFFER STATEMENT
REZONING: RZ.#: RA Rural Areas District (+/- 13.0 acres) to M1 Light Industrial
District (+/-13.0 acres)
PROPERTY: 13.0 Acres +/-
Tax Map Parcel 86-A-180 (the "Property")
RECORD OWNER: Jimmy A Johnson Et Als
APPLICANT: D &M Container Service (the "Owner")
PROJECT NAME: D &M Container
ORIGINAL DATE
OF PROFFERS: April 19, 2024
REVISION DATE(S): Revised July 8, 2024, Revised September 4, 2024, Revised September 13,
2024, Revised September 25
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict 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
M1 conditional 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 which is in effect on the day following the
last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting
the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the
Owner elects not to submit development plans until such contest is resolved, the term 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 term "Owner" as referenced herein shall include within its meaning all future owners
and successors in interest.
1. TRANSPORTATION:
1.1 The Owner shall reserve additional right-of-way along Fairfax Pike to construct future road
frontage improvements. The reservation will locate the new Route 277 Fairfax Pike right-
of-way line 52.5' from the centerline of the existing roadway fronting the subject property.
Said right of way shall be dedicated within 90 days of receiving written notice from
Frederick County.
Pagel of 4
D M Container Proffer Statement
1.2 If the Applicant elects to develop the M1 Property with any permitted use that results in a
higher net new trip generation from the Property than the proposed 85 daily trips (ADP)
shown in the "General Development Plan", prepared by Pennon Associates Inc, dated
June 28, 2024 (the "GDP"), then as part of any conditional use permit or site plan approval
process for those uses, the Applicant shall submit a Traffic Impact Analysis (TIA) to the
County and the Virginia Department of Transportation ("VDOT"). Subject to County and
VDOT acceptance of the submitted TIA, and the Applicant shall mitigate any additional
impacts caused by such additional trips.
1.3 In determining whether the uses collectively have an increased traffic impact for purposes
of Proffer 1.2, the Applicant may use actual traffic counts for then existing uses on the
Property in lieu of the estimates that were employed in the TIA, for determining
background traffic at the time of site plan submission.
2. FIRE AND RESCUE
2.1 The Owner shall contribute to the Board the sum of$0.10 per square foot of gross floor
area for fire and rescue purposes, payable upon the issuance of a building permit for each
structure.
3. LAND USE
3.1 M1- Light Industrial land uses are proposed in two (2) phases and shall be in general
conformance with the "General Development Plan", prepared by Pennon Associates Inc,
dated June 28, 2024.
3.2 The existing residential structure may be converted to a business use and will be allowed to
remain as an existing nonconforming structure at time of Right-of-Way dedication.
Building gross square footage expansion will not be allowed for the existing non-
conforming structure. All other future building construction and site improvements shall
conform to current zoning requirements at time of permitting.
3.3 Existing on-site well and drainfield facilities shall meet current Health Department design
requirements and standards for the proposed business use. Necessary facility upgrades shall
be required to be in place at time of building occupancy.
3.4 The owner shall restrict the property to the following allowed M1 land uses:
• Landscape and Horticultural Services
• Offices and Storage Facilities for Building Construction Contractors, Heavy
Construction Contractors and Special Trade Contractors
• Professional, Scientific and Technical Services, including Business Offices not
providing services to the general public on a primary basis.
• Business, Professional,Labor, Political and Similar Organizations
Page 2 of 4
D &M Container Proffer Statement
• Public Administration and Government Support Buildings including Fire and
Ambulance Services
• Public Utilities
• Truck or Fleet Maintenance Facilities
• Self-Service Storage Facilities
• Flex-Tech
3.5 Conditional M1 land uses shall require a separate Conditional Use Permit Application. The owner
shall restrict the property to the following conditional M1 land uses:
• Tractor Truck and Tractor Truck Trailer Parking
3.6 Hours of operations shall be limited to 6 am to 8 pm Monday through Saturday. Any repair
and servicing operations shall be limited to the hours of 7 am to 5 pm.
3.7 A minimum surface area of twenty-five percent (25%) of the building fagade facing Route
277 Fairfax Pike shall be constructed to contain one or a combination of the following: cast
stone, stone, brick, architectural block, glass, wood, dry vit, or stucco. The proposed
materials will be submitted to the county for review, comment, and approval during the
permitting process.
3.8 10' Landscape screen along the frontage of Rt 277 Fairfax Pike with a minimum
landscaping density of three plants per 10 linear feet. The buffer shall consist of a
combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees
shall be planted at a minimum of one-and-one-quarter-inch caliper, evergreen trees shall be
a minimum of four feet in height, and shrubs shall be 18 inches in height at time of
planting.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
D &M Container Proffer Statement
Respectfully submitted,
D &M Waste Solutions, LLC dba D & M Container Service
By:
Jeffrey Scott Hedrick
Title: Co-Owner
STATE OF VIRGINIA,AT LARGE
FREDERICK COUNTY,To-wit:
The foregoing instrument was acknowledged before me this day of , 2024, by
Jeffrey Hedrick co-owner of D & M Waste Solutions, LLC dba D & M Container Service, a Virginia
corporation, on behalf of the corporation.
Notary Public
Registration Number:
My Commission Expires:
D & ?vI Waste Solutions,ITC dba D &M Container Service
By:
Rebecca Lynn Hedrick
Title: Co-Owner
STATE OF VIRGINIA,AT LARGE
FREDERICK COUNTY,To-wit:
The foregoing instrument was acknowledged before me this day of , 2024,by
Rebecca Hedrick, co-owner of D & M Waste Solutions, LLC dba D & M Container Service, a Virginia
corporation, on behalf of the corporation.
Notary Public
Registration Number:
My Commission Expires:
Page 4 of 4
COUNTY OF FREDERICK
Austin K. Cano
Acting County Attorney
=
173.3f (540) 722-8383
1739
E-mail austin.cano@fcva.us
September 20, 2024
VIA E-MAIL
Mr. Jeffrey Scott Hendrick
D & M Waste Solutions, LLC dba D &M Container Service
312 West Main Street
Luray,Virginia 22835
Re: Rezoning Application—D &M Waste Solutions
Tax Parcel Numbers 86-A-180 (the"Property")
Dear Mr. Hendrick:
You have submitted to Frederick County for review a proposed proffer statement(the
"Proffer Statement'') for the proposed rezoning of the Property, 13.0± acres in the Opequon
Magisterial District, from the RA (Rural Areas)Zoning District to the MI (Light Industrial)
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:
• Proffer 1.1 —Deletion of the words "as necessary" in the first sentence of this proffer to
avoid ambiguity.
• Proffer 3.6—Replacing the word"The" at the beginning of the second sentence of this
proffer to"Any," such that it reads "Any repair and servicing operations shall be limited
to the hours of 7 am to 5 pm,"to avoid ambiguity.
Mr. Jeffrey Scott Hendrick
September 20,2024
Page 2
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,
I k WV
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)
David Frank
From: Spielman,Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov>
Sent: Tuesday,June 11, 2024 10:54 AM
To: David Frank;
Cc: Johnson,Joseph (VDOT); Funkhouser, Rhonda (VDOT); Tyler Klein
Subject: D&M Container Rezoning
Attachments: D&M rezoning signed.pdf
Mr. Hedrick/ Mr. Frank,
VDOT has reviewed our portion of the rezoning application of tax map 86-A-180 (Owner, Jimmy
Johnson). We have the following comment, while we do not see any issue with the proposed use, the
rezoning of the parcel to M1,would not allow us to use the traffic data provided. M1 would allow many
uses that would far exceed the 85 VPD, and we would have to look at the highest and best use for the
parcel and use that to determine the traffic impact.The proffer statement did not proffer out any specific
high traffic uses, so we would need to re-evaluate this based on the highest and best use of M1 which is
not represented in this application.
VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact
us with any questions.
Ryan
VDICIT
Joseph Ryan Spielman
Land Development Engineer/Edinburg Residency
Virginia Department of Transportation
540-535-1829
iosegh.spielmanCcDvdot.virainia.aov
1
Rezoning Comments
Frederick County Department of Public Works
Mail to: Hand deliver to:
Frederick County Dept. of Public Works Frederick County Dept. of Public Works
Attn: Director of Engineering Attn: Director of Engineering
107 North Kent Street 107 North Kent Street
Winchester, Virginia 22601 Suite 200
(540) 665-5643 Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Department of
Public Works with their review. Attach a copy of your application form, location map, proffer
statement, impact analysis, and any other pertinent information.
Applicant's Name: Jimmy Johnson Telephone: _
Mailing Address: 691 Oates Road Stat Tannery VA 22654
f
Location of property: Piro#86-A-180
1290 Fairfax Pike+/-750'west of Ridings Lane
Current zoning: RA Zoning requested. hA1 Acreage: ,s+/-
Department of Public Works Comments:
�e no Gor,W {&I�-s r, 4 ," .
Public Works Signature & Date: S`ZQ 'ZOZ
Notice to Dept. of Public Works - Please Return This Form to the Applicant
25
'P
Rezoning Comments
Frederick Water 's
Mail to: Hand deliver to:
Frederick Water Frederick Water
Attn: Engineer Attn: Engineer
P.O. Box 1877 315 Tasker Road
Winchester, Virginia 22604 Stephens City, Virginia
(540) 868-1061
Applicant: Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, impact analysis,
and any other pertinent information.
Applicant's Name: Jimmy Johnson Telephone:
Mailing Address: 691 Oates Road, Star Tannery,VA 22654
Location of property: Piro#s6-A-180
1290 Fairfax Pike+/-750'west of Ridings Lane
Current zoning: RA Zoning requested: M1 Acreage: 13+/-
Frederick Water Comments:
Please see attached letter dated May 21, 2024 from Eric Lawrence to David Frank. Thank you
Frederick Water Signature& Date: May 21, 2024
Notice to Frederick Water - Please Return This Form to the Applicant
26
FREDERICK
WATER
315 Tasker Road PH(540)868-1061 Eric R.Lawrence
Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director
www.FrederickWater.com
May 21, 2024
David Frank
Pennoni
117 East Piccadilly Street
Winchester, Virginia 22601
RE: Rezoning Application Comment
D&M Container Rezoning
Tax Map Numbers: 86-A-180
13-acre parcel
Dear Mr. Frank:
Thank you for the opportunity to offer review comments on the D&M Container rezoning
application package, dated April 2024, and received at Frederick Water on May 9, 2024.
Frederick Water offers comments limited to the anticipated impact/effect upon Frederick
Water's public water and sanitary sewer system and the demands thereon.
The project parcel is located within the sewer and water service area (SWSA), and therefore by
county policy, Frederick Water's water and sewer services may be extended to the site at the
user's expense. A 12-inch water main traverses the property frontage along Fairfax Pike.
Sanitary sewer service is not presently in the vicinity.
The rezoning application package clearly intends to not pursue public sewer but proposes to
utilize private on-site waste disposal. Frederick Water has not been in discussion with the
applicant regarding this private on-site sewer disposal approach and will defer to the County
and the Health Department on the appropriateness of utilizing private on-site sewer disposal.
Water and sanitary sewers are to be constructed in accordance with Frederick Water standards
and specifications. Easements will be required to accommodate infrastructure that is dedicated
to Frederick Water. Please be aware that Frederick Water is offering these review comments
without the benefit or knowledge of a proffered proposed use and water and sewer demands
for the site.
Water At Your Service
Page 2
D&M Container rezoning application
David Frank
May 21, 2024
Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily;
with each new customer connection bring additional demands and generated flows. Upgrades
to the sanitary sewer system will be necessary for the project to connect and contribute to the
system. This letter does not guarantee system capacities to accommodate your development
proposal.
Thank you for the opportunity to offer review comments.
Sincerely,
IMI
Eric R. Lawrence
Executive Director
Attachment: County Rezoning Comment Sheet for D&M Container Rezoning
Rezoning Commen r' �, T � T T N
rederick County Fi a Marshal
By
Mail to: Hand deliver to: 0
Frederick County Fire Marshal Frederick County Fire & Rescue Dept.
1800 Coverstone Drive Attn: Fire Marshal
Winchester, Virginia 22602 Public Safety Building
(540) 665-6350 1800 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
statement, impact analysis, and any other pertinent information.
Applicant's Name: Jimmy Johnson Telephone:
Mailing Address: 691 Oates Road Stat Tannery VA 22654
Location of property: Pin,#s6-A-160
1290 Fairfax Pike+/-750'west of Ridings Lane
Current zoning: RA Zoning requested: ml Acreage: 13+/-
Fire Marshal's Comments:
JIVa
(t
Fire Marshal's Signature &Date: Alomw
f
Notice to Fire Marshal- Please Return This Form to the Applicant
26
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester,VA 22602
Phone: 540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
Rezoning
Status: Approved with Conditions
Owner
Jimmy Johnson
1290 Fairfax Pike
Winchester, Virginia 22655
Engineering Firm : Printed Date: 05/13/2024
Pennoni Associates, Inc.
General Information
Received Date: 05/01/2024 Occupancy Type:
Review Begin Date: 05/13/2024 Property Use:
Review End Date: 05/13/2024 Activity Number: 10510003
Hours: 0.5000 Review Cause: Application
Comments:
Any and all future development SHALL comply with the Frederick County Fire Prevention Code.
William Pifer
Lieutenant/Assistant Fire Marshal
Page 1 of 1
Lord Fairfax Health District
Lou Frederick J Winchester Environmental Health � VIRGINIA
107 North Kent Street - Suite #201 DEI'ARTMENT
EURFAX Winchester, Virginia 22601 n0l' HEALTH
HEALTH DISTRICT Tel. (540)722-3490 - Fax (540) 722-3479 t'rotecliq You Rind Your Ftivironment
www.ydh.yirginia.goy
May 1, 2024
Jimmy Johnson
691 Oates Rd.
Star Tannery, VA 22654
RE. Request for Comments
Rezoning TM# 86-A-1130, 1290 Fairfax Dike White Post, VA 22663
Dear Mr. Johnson,
I have reviewed the Impact Analysis Statement from Pennoni Associates, Inc. regarding the
proposed rezoning of the subJect property.
It appears the plan is to utilize the existing onsite sewage system and water supply currently,
connected to existing structures and use the dwelling designated as 1290 Fairfax Pike as a
business office.
Our office does not have a verifiable record of an onsite sewage system or private well for the
subject property, Our concern is whethcr the existing onsite sewage system and private well are
safe, adequate, and proper for the proposed use. In addition, it appears that there is a desire to
relocate the entrance to the property. Tile location of any existing onsite sewage system
components and private well are not known thereforc, it is dilllcUlt to determine if the proposed
entrance will encroach.
You should contact a septic contractor and a private licensed onsite soil evaluator(USE) or
professional engineer(PE) to work together to determine the location and design of the onsite
sewage system and the location of the private well to see if encroachment will be an issue and
whether the onsite sewage system is safe, adequate, and proper to serve the proposed 1()
employees.
I located a record that might be a match to the subject property and have included it with this
letter. if this is a match, it will be helpful to a contractor and OSE/PE to have when they are
performing their evaluations.
At this time, our office can't offer further comments. Once we receive an existing system
evaluation, condition assessment and/or Safe,Adequate and Proper Evaluation (SAP) From an
OSE or PC, we should be able to provide further comments.
If you have questions, please contact me at (540) 722-3450.
Respec ally, 1
Jis_REHS5 ROSE
7
Envirdni-rental Health Manager, Sr.
RECORD OF INSPECTION-SEWAGE DISPOSAL SYSTEM
�70l ��'�� foo ver
Pate r`4we No
Owner Address � � hone
11Malling Address)
Oocupant Address lMaiiiAddress) phone
Exact Location ,/ \ r.
of Premises —.✓ /�
��t/ �'r' �� 'fit i � alis li. .tl 1 •..:i' � -r r�CJ c=- -�. I-c.- .
(SubdiVisioo.Street or Road Name, Section or Lot No.)
WATER SUPPLY INSPECTION
Installed according to Permit Design ❑ Yes ❑ No. Distance to nearest House Sewer feet. Distance to nearest
Sewage Disposal System feet. (Use Form LHS-143 for Detailed inspection of Water Supply Reference Materials.)
SEWAGE DISPOSAL SYSTEM INSPECTION
(1) LOCATION (6) DISTRIBUTION BOX
AIlotted Area adequate 2/Yes ❑ No. Distance from Watertight and equal surcharge to each line by Water Test
nearest lot lines feet. Trpea feet. eYes ^ No. Distribution Box provided with I
Water Supplles_,5_'(D feet. Buildings feet. extra outlets for future use. (Number)
(2) INSTALLATION AND DESIGN
Installed according to Permit Design ["Yes ❑ No (7) SUBSURFACE ABSORPTION FIELD
Have additional Household Appliances been added NOT on Total Area in bottom of ditches 9 n square feet.
Permit: ❑ Automatic Washer ❑ Garbage Disposal Number of ditches Length of ditches-An feet.
❑ Other Grade of ditches Minimum 3 -Inches per 100 feet.
(Describe) Maximum 6 inches per 100 feet. Has system been
(3) SOIL CONDITION checked by instruments (Level) ['9'Yes ❑ No
Are there soil conditions now evident which indicate system Type aggregate used B l_o ke.3 45is4N�.
may be unsatisfactory as designed: Cl Yes ETNo. If Yes, Depth of aggregate under Tile /CA inches
show adjustments required under "Remarks" below. Total depth of aggregate 4 —/8 inches
(4) HOUSE SEWER LINE Depth of backfill over aggregate nches
Installed ❑ Yea p'No. Type of material (8) SURFACE DRAINAGE
Size Inches. Storm Drains from House and Basement flowing away from
(6) SEPTIC TANK Subsurface Drainage Field: ❑ Yes p No. Was Surface
Constructed of C,c, C.. Drainage required ❑ Yes M'�No. If Yes, has this been pro.
OWd of Material) vided p Yes ❑ No. Has area been drained by lowering
Inside Dimensions Length(—feet. Width`"(._feet. Ground Water Table: ❑ Yes ❑ No. eNot required.
Liquid Depth--feet. Depth of Air Space ind• ches.
Inside Fittings comply with requirements [i/Yes ❑ No. (9) Are follow-up inspections necessary ❑ Yes 0190.
Septic Tanke ��t✓ Fe c�.,1 { (c o v A
Contractor! Address pp Phone
This Sewage Disposal System (Is) (W4W Approved by_-17- K Health Department
Da �' 7 Sign 4000010n=ttl
to Approved
(Ha1tL Director)
.Date—Approved Date Approved
vtaory tetuo (Reviewing Authority—OtJer AseneY)
With proper maintenance, approved Sewage Disposal systema may be expected to function satisfactorily,provided no overloading
or physical damage occurs to the system. Remarks: ffn ti).(�( ..� t c r)A ,J 1 .N r : I i' , — U. L-, 1 C). r.
1)S 4 :�G C)w,rr"V1%t rJ�T k" N - K r!.. C K t).--
Virginia Department of Health
LHS-141 Rev. 11-57
PERMIT TO INSTALL OR.REPAIR
WATER SUPPLY and/or SEWAGE DISPOSAL. SYSTEMS
(VOID AFTER TWELVE ( 12) MONT
D Case No.
Owner4 Address Phare
Mailing Addre
Occupant Address Phone
(Mailing Address)
Exact Location ,,,. f
of Premises (0S
(Su divisi , reet Stor Road Name,Section or lot No.)
OWNWDESIRES TO FOR
LT INSTALL ❑ REPAIR UVDwelling ❑ Other
❑� Water Supply System ❑ Water Supply System Actual or pots I edrooms Actual or estimated Water
l{�;ewage Disposal System ❑ Sewage Disposal System Consumption gal. per ay Automatic Washing Macho
[ Septic Tank S i ank i ❑ Yes a Garbage D''spose) unit ❑ Yes UDONo
Health Department recommends ditional wastes4 o
6 DETAILS OF RECOMMENDED SYSTEMS
(1) WAJ R SUPPLY Location to bearoved by Sanitarian. Type (3) DETAILS OF CONSTRUCTION Watertight Septic Tank of
ruled W II '❑ Driv n Well UppBored Well ❑ Dug Well
❑ Other Cased feet. SIdeW1910. Inside Dimensions Length{eet.
(Kind of Material)
Casing to be properly sealed and vented If necessary. Casing to extend
of least 6 inches above pump room floor. Grouted feet. All sur Width feet liquid Dept f epth of
face drainage to flow away from water supply. Well to have o platform Air Space_feet. Li 1 Capacity gallons.
of concrete or other impervious material, at least 4 inches thick at casing, (4) HOUSES E NE Size inches. pe of material
extending at least 24 inches in all directions from casing, gently sloped required Distance ram Water Supply-feet.
for drainage. PP Y
(5) SUBSURFACE ABSORPTION FIELD Distribution Box required.
(2) SOIL STUDY Naturally drainedui ble b sight ❑Yes ❑No Ditches of equal length required.T
Technical Classification '/� Number of square feet re wired 'D40 Type aggregate
Rough Classification ❑Shandy edium P Clay ❑Pipe required ❑Broken Stone Gravel ❑Slag. Size range from
Clay. Percolation Test required Oyes o. Rafe I inches to 21 inchesri...
of aggregate from base of the
Minutes per inch. Depth of Water Table met to bottom of ditchesinches.
Estimate Total aggregate must oqu depth sof 113 inches or more.
Surface drainage required ❑Yes G'F!o Area Dra' age Soil Cover over tile no xceea�ncches. Distance from
by Lowering Ground Water Table required ❑Yes EMo well to selitic tan1, IS V feet; distance from well to
draintile field feet.
Rough Sketch of Promises (including adjacent properties if pertinent; Showing Location of lot Line, Bu ngs, Water Supplies, Sewage Disposal Systems,
Treas,and Other Possible Sources of Contamination of Water Supplies, by Indicating Distances and Slope with regard to one another.
�•
Ae-
o�
PO TW!
Noloo Owoor or his agent must notify Heafth DeparlmonM,Phone when installation
is ready for inspection.If any Sewage isposa System, or part thereo, s cover ore being inspected by the Healt aeppaartment, i sh bo uncovered at
the direction of the Health Director or his agent. CONDITIONS DISCOVERED DURING INSTALLATION MAY REQUIRE ADJUSTMENTS O SY57EM DESIGN.
Changes from above specifications require Health Doportment approval before being made.
Based on the above information,the undersigned recommends that this permit be iso d.
Date Approvede�STg
LHS- 121 Rev. 1-65 (Reviewing Authority)
Virginia State Department of Health
DUPLICATE
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April 2024 D&M Container Rezoning
II
IMPACT ANAL YSIS
April 2024 D&M Container Rezoning
INTRODUCTION
The subject +/- 13-acre property identified as Tax Map 86-A Parcel 180 is currently zoned
RA Rural Areas District and located in the Opequon Magisterial District. It is located on the
south side of Rt 277 Fairfax Pike immediately across from the +/- 6.8 acres tract recently
rezoned to M1 in application RZ# 01-24 and less than 100' east of PIN# 86-A-168
containing +/- 3 acres of M1 zoned property. Properties along this stretch of Fairfax Pike
are mixed industrial and residential land uses. Most notably, the M1 zoned Berlin Steel
(formerly Irongate) property is located +/- 700' to the east of the subject site off Ridings
Lane and M2 zoned Storage Solutions property just 525' to the west. RA zoned residential
tracts are currently mixed in with the industrial zoned land. The site is located wholly within
the Sewer and Water Service Area (SWSA). The applicant is confident that the proposed
rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and
development of the rezoned property under the M1 zoning district will not result in negative
net impacts.
COMPREHENSIVE PLAN
The subject property is located within the Southern Frederick Land Use Plan (SFLUF� and
is wholly within the Sewer and Water Service Area (SWSA). These documents are intended
to serve as a guide for the intended future land uses within the SWSA as properties within
those growth boundaries develop. The plans identify the subject property as industrial and
adjacent to other property also intended to be a industrial. Consequently, the proposed
rezoning of a portion of the subject property to M1 is in conformance with the
Comprehensive Plan, as the property would develop as an extension of the existing and
future commercial land uses intended by the plan.
LAND USE
The subject property seeks to rezone from the RA zoning district to the M1 Light Industrial
District. The property is bounded on all sides by RA zoned properties. However, on the
North, West and East the neighboring properties are bordered by Industrial zoned land. M1-
April 2024 D&NI Container Rezoning
Light Industrial District is to the North and East (Berlin Steel Property) while M2-Industrial
General District is just to the West in the existing WP Business Park. The adjacent property
to the South is currently zoned RA and is bisected by the new Minor Arterial Road identified
in the comprehensive plan. The proposed land use will be compatible with the existing and
planned commercial development along the Route 277 Fairfax Pike corridor and is in
conformance with the Industrial land use planned for the property in the comprehensive
plan. The applicant proposes to utilize the front half of the property for operating the
applicants existing container service facility. The rear half of the property is planned for
future expansion and similar low traffic generating land uses. The applicant will meet all
required Zoning and subdivision requirements at the time of Site Plan or Subdivision
application.
ACCESS AND TRANSPORTATION
The Property has approximately 460' of frontage on Route 277 —Fairfax Pike. The proposed
land use will be for the applicant's waste container business. This facility anticipates a
maximum 10 employees and will generate a low level total daily trip. We have calculated a
total generation of 85 ADT's for the uses in this application. These trip counts result in no
need for a right turn taper or a left or right turn lane. The applicant acknowledges any land
uses proposed with a site plan application will require full compliance with VDOT access
management design standards. Future Site Plan applicants will need to provide calculated
ADTs generated by the proposed land uses. Land uses that require additional roadway and
turn lane improvements will need to be constructed per the current VDOT design
requirements at the time of development application. This rezoning application includes a
proffer statement committing to the reservation of Right-of-Way for future road widening
improvements to Fairfax Pike should they be initiated. We are not aware of any plans to
widen this segment of the roadway at this time but have anticipated that this may occur in
the future based on recent improvements completed to the west of Warrior Drive.
April 2024 D&M Container Rezoning
SITE SUITABILITY
The site conditions relate very positively to the proposed development activities. The
proposed rezoning would not result in impact on areas of steep slopes, stream channels,
lakes, ponds, flood plain, or wetlands. The site lies on a ridgeline sloping away to the east
and west from 2-5%. During the engineering phase of the project, a stormwater
management plan will be created to adequately and effectively retain stormwater in a manner
that will avoid negative impacts on adjacent properties. The existing soils on the subject
property are predominantly identified as 3B - Blairton Silt Loam at 2-7% slopes. There are
small areas of Blairton Silt loam with 7-15% slope and Weikert-Berks Channery silt loam
with 7-15% slopes in the southernmost end of the property. None of these soils present any
significant challenges to potential commercial land development.
SEWAGE CONVEYANCE AND WATER SUPPLY
The subject property has access to the existing watermain located on the south side of Route
277 Fairfax Pike. There are no current sanitary sewer facilities serving this property or other
properties in the subject property's vicinity. The applicant plans to continue to utilize the
existing septic and water facilities operating for the existing structures. These facilities will
be maintained in conformance with Health department requirements.
HISTORIC SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify any structures of historic
importance on the subject site. It is also observed that the previous land use and
development of the property has resulted in the loss of any historical integrity. As such, the
re-development of the subject property will not impact historical sites and structures. It is
the desire of the applicant to preserve the existing residential building and convert its use to
the general office and meeting facility for the future business land use.
The property will reserve the necessary Right-of-Way for the widening or improving of
Route 277 Fairfax Pike provided continued use and occupancy of the existing building will
not be compromised by any potential nonconformity due to revised building setbacks from
April 2024 D&NI Container Rezoning
the roadway expansion. This structure will not be allowed to expand its footprint in the
future as a condition of the rezoning approval.
IMPACT ON COMMUNITY FACILITIES
The development of the property for the allowed commercial uses under the proposed M1
zoning will result in a net positive fiscal impact for Frederick County. Furthermore, this
application recognizes a potential increase in services for the Frederick County fire and
rescue services. The proffer statement associated with this application secures a provision
for a $0.10 per building square foot monetary contribution, specifically directed to the
Frederick County fire and rescue services.
To be completed by Planning Sta11' Fee Amount Paid '
Zoning Amendment Number _ V Anticipated PC Hearing Date'—'
_
Date Received Anticipated BOS Hearing Date ' X5_
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s)(please attach additional page(s)if more than two owners):
Name: Jimmy Johnson
Specific Contact Person if Other than Above: Jimmy Johnson
Address: 691 Oates Road Star Tannery VA 22654
Telephone:.3_�10 _ Email
Name-
Specific
ameSpecific Contact Person if Other than Above:
Address:
Telephone: Email
2. Other Applicant Party(such as a contract purchaser) (please attach additional page(s)
if necessary):
Name: D& M Waste Solutions_ LLC dba D& M Container Service
Specific Contact Person if Other than Above: Jeff Hedrick
Address: 281 Hartsell Lane Stephens City Virginia 22655
Telephone: Email: da
3. Law firm,engineering firm,or other person,if any, serving as the primary contact
person for this application:
Firm Name: Pennoni Associates Inc
Specific Contact Person at Firm: David Frank, PLA
Address: 117 East Piccadilly Street Winchester Virginia 22601
Telephone: (540) 771-2087 Email: dfrankpa pennoni.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.
To be completed by Planning Staff: Fee Amount Paid
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s)(please attach additional page(s) if more than two owners):
Name: Sandra J. McDonald
Specific Contact Person if Other than Above: Jimmy Johnson
Address: W. -Park(N$ AAi l \r4(A Ae_3 li t'. Vol c)pb0�-
Telephone: _ Email:
Name: Judy A. Emmons
Specific Contact Person if Other than Above: Jimmy Johnson
Address: Zg:�G 9 From- fq%, .Z e,1,e,-t-,
Telephone: yo '• Email--
2.
mail:2. Other Applicant Party(such as a contract purchaser) (please attach additional page(s)
if necessary):
Name D & M Waste Solutions. LLC dba D & M Container Service
Specific Contact Person if Other than Above: Jeff Hedrick
Address: 281 Hartsell Lane Stephens City Virginia 22655
Telephone: (540) 869-3899 Email: da
3. Law firm,engineering firm, or other person,if any,serving as the primary contact
person for this application:
Firm Name: Pennoni Associates Inc
Specific Contact Person at Firm: David Frank, PLA
Address: 117 East Piccadilly Street Winchester Virginia 22601
Telephone: (540) 771-2087 Email: dfrankpa pennoni.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.
15
4uthentisign ID: ET 61y,,1 h tfiWffft1FPfc€-3 y1hg Staff Fee Amount Paid g
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Kelsey Nicole Johnson
Specific Contact Person if Other than Above: Jimmy Johnson
Address: 249 sinking spring lane gore va 22637
Telephone: ' Email.
Name: Lacey Adare Tinsman
Specific Contact Person if Other than Above: Jimmy Johnson
Address: 1400 Dunes St.Apt. 106 Fredericksburg, VA 22401
Telephone:Innow- Email:
1000mu-
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name: D & M Waste Solutions. LLC dba D & M Container Service
Specific Contact Person if Other than Above: Jeff Hedrick
Address: 281 Hartsell Lane Stephens City Virginia 22655
Telephone: (540) Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Pennoni Associates Inc
Specific Contact Person at Firm: David Frank, PLA
Address: 117 East Piccadilly Street Winchester Virginia 22601
Telephone; (540) 771-2087 Email: dfrank@pennoni.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.
15
4. Project Name (if any): DM Container Service
5. Property Information:
a. Property Identification Number(s): PIN #86-A-180
b. Total acreage of the parcel(s): 13 acres
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
13 acres
d. Current zoning designation(s) and acreage(s) in each designation:
RA - Rural Areas
e. Proposed zoning designation(s) and acreage(s) in each designation:
M1 Light Industrial
f. Magisterial District(s): Opequon
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):
1290 Fairfax Pike +/- 750' west of Ridings Lane
h. Adjoining Properties:
Parcel ID Number Use Zoning
SEE ATTACHED SHEET
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.
16
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.
Jimmy Johnson Et Als
Jeff and Becky Hedrick
Please attach additional page(s) if necessary.
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
Proffer Statement(if any)
® Agency Comments
Fee
Ix Copies of Deed(s) to Property(les)
Tax Payment Verification
® Digital copies (pdf s) of all submitted items
17
8. 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 of my (our) knowledge.
Owner: t Date We ZOZIL.
If signing on behalf of an entity, please state name of entity and your title:
6P
n
Owr•e • Date
If signing on behalf of an entity, please state name of entity and your title:
Other Applicant Party (if any): / Date
If ss/ii�gg�nn\\\\ing on behalf of an entity, please state name of
entity and your title:
VA
mcr
ce
If additional signature lines are necessary, such as if more than two persons are owners,
please use additional copies of this page.
is
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.
Name and Property Identification Number Address
Name Samuel Fletcher PO Box 7178 Hyattsville MD 20787
Property#PIN# 86-A-179B
Name Steven and Rebecca Jenkins 1308 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-179F
Name Vernon Carlson Jr 1312 Fairfax Pike White Post, VA 22663
Property#P I N# 86-A- 179
Name Janet Barr 554 Wardensville Grade Winchester VA 22602
Property#P I N# 86-A- 217
Name Cesar & Elvira Yong ETALS 1256 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-181
Name Elizabeth & Elwood Fletcher 1445 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-183
Name Benjamin Ridings 1261 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-170
Name George Scheulen 6734 Stream View Lane Warrenton, Va 20187
Property#Pin# 86-A-172 & 173
Name Kaur Gagandeep 15169 Sky Valley Drive Haymarket VA 20169
Property#P I N# 86-A-176
19
PARCEL ID NUMBER USE ZONING
86-A-1798 Vacant Commercial RA
86-A-179F Residential RA
86-A-179 Vacant Agricultural RA
86-A-217 Vacant Agricultural RA
86-A-181 Residential RA
86-A-183 Residential RA
86-A-170 Residential RA
86-A-172 Vacant Residential RA
86-A-173 Residential RA
86-A-176 Vacant Commercial M1
Special Limited Power of Attorney
County of Frederick, Virginia
W Frederick Planning Website: www.feva.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:
Jimmy A.Johnson
Name of Property Owner/Applicant
Please note: If the property owner/applicant is an entity,the name of the entity should appear above.
11 multiple persons own the property or are applicants,an executed power of attorney from each owner will he needed.
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:
PIN#66-A-160
do hereby make,constitute,and appoint:
Pennoni Associates Inc
Name of Attorney-In-Fact
117 East Piccadilly Street Winchester,Virginia 22601 (540)771-M7
Mailing Address of Attorney-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 if acting personally, to file and act on my behalf with respect
to api lic atinn with Frederick County, Virginia for the follwN ink. for the above identified property:
Rezoning Subdivision
Conditional Use Permit Site Plan
B 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:
1
This appointment shall expire one year from the day that it is signed,or at such sooner time as I
otherwise rescind or modify it.
SE�:n.iltir
Title
State of U,rqtn 3 Coun /City of
C � To wit:
1, rt ,a Notary Public in and for the jurisdiction aforesaid, certify that
the person who signed the fa egoing instrument perso ally appeared b tore me and has acknowledged the
same before me in th oresaid this day o 3� L 20�Y
My Commission Expires: �I 3t X02 r/
Nota ublie LEIGH ANN AFiT Number: [ 3
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#13893
My Commission Expird§ ��
i
i
Special Limited Power of Attorney
County of Frederick, Virginia
,x Frederick Planning Website: www.fcva.us
I 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:
Sandra J.McDonald
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 properly or are applicants,an executed power orattomey from each owner will be needed.
I
Mailing Address of Property Owner/Applicant Telephone Number
I as owner of,or applicant with respect to,the tract(s)or pareel(s)of land in Frederick County,
I Virginia,identified by following property identification numbers:
PIN#86-A-180
I
do hereby make,constitute,and appoint:
Pennoni Associates Inc
Name of Attorney-In-Fact
117 East Piccadilly Street Winchester,Virginia 22601 teaol n1-2087
Mailing Address of Attorney-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
I 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
8 Conditional Use Permit Site Plan
Master Development Plan(prelim.or final) F] 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 [
d otherwise rescind or modify it.
I Signature
Title(if sig ll''
State of a ccs%t.t=om Coin/City of f�F '-J, To wit:
a Notary Public in and for the jurisdiction aforesaid,certify that
the person who signed the foregoing instrument personally appear before me and h s acknowledged the
same before me in the jurisdiction aforesaid this `� day of .J� 2(k `
My Commission Expires: . T
Nota Public LEIGH ANN AFtTRIP Ruglaration Number: i 3 S 9 a f
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#138932
my Commission Expires '7
V. CO Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
rra
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:
Judy A Emmons
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.
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:
PIN#86-A-180
do hereby make,constitute,and appoint:
Pennoni Associates Inc
Name of Attorney-In-Fact
117 East Piccadilly Street Winchester,Virginia 22601 (540)771-2087
Mailing Address of Attorney-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 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
8 Conditional Use Permit Site Plan
Master Development Plan(prelim. or final) E] 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 or modify it.
Signature
Title(if s' ing ort/behalf of an entity)
State of Uff Coun /City of_ tree;Ct To wit:
1, �e 4�— �sC 1 , . a Notary Public in and for the jurisdiction aforesaid,certify that
the person who signed the foregoing instrument personally appeared before me and h s acknowledged the
same before me in the juris this ` _ day of �,�� —,20At
My Commission Expires: -7
Notal-Oublicasr Number:
LEIGH ANN ARTRIP
NOTARY PUBLIC
Commonwealth of Virginia
Reg.#13893?1 i ,
iu1
4`cV* COG Special Limited Power of Attorney
County of Frederick, Virginia
�- Frederick Planning Website: www.fcva.us
r,
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:
Lacey Adare Tinsman
Name of Property Owner/Applicant
Please note: If the property owner/applicant is an entity,the name of the entity should appear above.
If m Ilip a perso the propgrt or are app c is n e uted power of attorney from each10e
1400 Dunes Sitpt. 1"66�redenc�Csburg �220 Mailing Address of Property Owner/Applicant ep umber
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:
PIN#86-A-180
do hereby make,constitute, and appoint:
Pennoni Associates Inc
Name of Attorney-[n-Fact
117 East Piccadilly Street Winchester,Virginia 22601 (540)771-2087
Mailing Address of Attomey-ln-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 if acting personally, to file and act on my behalf with respect
to application with Frederick County,Virginia for the followfor the above identified property:
Q Rezoning Subdivision
8 Conditional Use Permit Site Plan
Master Development Plan(prelim. or final) E] 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 or modify it.
Signature bZ( 10
Title (if signing on behalf of an entity)
State of Virginia _ County/City of Fredericksburg��p� il, Wit:
l' L&�Sc\' vo' va—f-S , a Notary Public in and for the jurisdiction aforesaid, certify that
the rson who si d the foregoing instrument pers pally appeared before me and has acknowledged the
same befor i th` jurisdiction aforesaid this 16/11 day of ULA , 20.
My Commission Expires:
Notary li Registration Number; — -Z71,2,gLJ
YULISSA B VERAS
Notary Public
Commonwealth of Virginia
Registration No. 7837627
My Commission Expires Mar 31, 2027 2
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.fcva.us
gni
Department of Planning & Development, County of Frederick,Virginia
107 North Kent Street, Winchester,Virginia 22601
Phone (540) 665-5651 Facsimile (540)665-6395
LTAll Men By These Presents That:
e Johnson (0v-,D �� , to i 1L �j�, ,
Name of Property Owner/Applicant
Plcase note: If the property owncr/applicant is an entity,the name of the entity should appear above.
f multiple ons own the pr u ny or arc plica am, a xutcd u qr o to y from eac
Mailing Address of Prop rty wnerlApp icant 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:
PIN#66-A-160
do hereby make,constitute,and appoint:
Pennon)Associates Inc
Name of Attorney-In-Fact
117 East Piccadilly Street Winchester,Virginia 22601 (54 0)771-2087
Mailing Address of Attorney-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 if acting personally,to file and act on my behalf with respect
to application with Frederick County,Virginia for the follow ,for the above identified property:
Rezoning Subdivision
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
otherwise resci d or modify it.
Si�n�ttu�
Title(if Signing on b�li!If of an entity)
State of () A ,County/City of To wit:
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 the jurisdiction aforesaid this IS+"L-, day of 20
t
011illif
�//'ii My Commission Expires: Q 3 -9
Nota ,� >•�� Registration Number: ! 1 {a(9 3 _
Y r rya 4V5�L� AT', o
r • T J • .^.
w *• �.a,#';lam �
i
"/,,11111Jjjt��
4/15/24,9:41 AM Sra
i
409
ST9TE OF VIRGINIL, -
CC3TY OF FREDERICK
I, Dorothy Fleming, Notary public,in and fort he County and State aforesaid; hereby
certify that Burr P. Harrison, Trustee, whose name,is signed to the foregoing writing:
bearing date March 21 1948, has personally appeared before me and.acknowledged the same
in my County and State aforesaid.
My commission expires October 16, 1951,
Given under my hand this 15th day of March, 1948.
DOROTHY FLEMING
Notary Public
State of Virginia
County of Frederick,'-to-41t:
I, Dorothy Fleming, a Notary Public of and for tha Sta e
and County aforesaid, do certify that Harold G. Brown and Robert D. Clain., whose names
are signed as President and Cashier respectively of the Shenandoah Valley National Bank
of Winchester to the foregoing instrument bearing date on the 2nd day of March, 1948,
have personally'appeared before me and acknowledged the same in my State and County
aforesaid.
My commdssion expires October 16, 1951.
Given under my hand this 15th day of March, 1848.
DOROTHY' FLEMING
Notary Public
277..
jea#°e
)IA'ct Y4
ofltr Id�d �•
n�
. CAROLS O N
_ o
h �4 �NCEy
a / 13./s .¢oris
r
i .
https://risweb.courts.state.va.usVjsra/sreV#fbs2search/search 1/1
Frcdcri(-,k County Virginia
Pay/Lookup Taxes
Real Estate Ticket Detail
Previous
2023 REAL ESTATE
Dept/Ticket# RE2023/202100001 Frequency 1 Supplement# 0
Name JOHNSON JIMMY AETALS Map# 86 A 180 Account# 8025678
Name 2 Bill Date 04/15/2023 Acreage 13 000
Address 691 OATES RD Due Date 06/05/2023 Improvements $74,90000
STAR TANNERY VA Desc 13.00 ACRES Land Value $140,500.00
Land Use $0.00
Zip 22654 2116 Minerals $000
Penalty Paid $5493 Interest Paid $503 Last Transaction Date 06/13/2023
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$54927 ($549.27) $000 $000 $0.00 $000
i
Transaction History
Date Type Transaction# Amount Balance
4/15/2023 Charge 0 $549.27 $54927
6/12/2023 Principal Paid 34197 ($549.27) $0.00
6/12/2023 Interest Paid 34197 $5.03 $0.00
6/12/2023 Penalty Paid 34197 $54.93 z $0.00
Previous
11ALI1,1,11,,lm; Frcdcrick County Virginia
Pav/Lookup Taxes
Real Estate Ticket Detail
Previous
2023 REAL ESTATE
Dept/Ticket# RE2023/2021 00002 Frequency 2 Supplement# 0
Name JOHNSON JIMMY ETALS Map# 86 A 180 Account# 8025678
Name 2 Bill Date 04/15/2023 Acreage 13 000
Address 691 OATES RD Due Date 12/05/2023 Improvements $74,900.00
STAR TANNERY VA Desc 13.00 ACRES Land Value $140,500.00
Land Use $000
Zip 22654 ' 2116 Minerals $000
Penalty Paid $0.00 Interest Paid $000 Last Transaction Date 12/06/2023
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$54927 ($S4927) $000 $0.00 $0.00 $000
Transaction History
Date Type Transaction# Amount Balance
4/15/2023 Charge 0 $549.27 $549.27
12/5/2023 Principal Paid 71097 ($549.27) $0.00
Previous