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Home My WebLink AboutPCAgenda2025September31.Call to Order 2.Pledge of Allegiance 3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 4.Meeting Minutes 4.A.August 6, 2025 Meeting Minutes 5.Committee Reports 6.Citizen Comments 7.Public Hearings 7.A.Rezoning #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC) - (Mrs. Peloquin) Submitted to rezone +/- 2.96-acres from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers. The property is located along Martinsburg Pike (Route 11) and Market Street in the Rutherford Crossing Shopping Center and is identified by Property Identification Number 43-A-100F in the Stonewall Magisterial District. 7.B.Rezoning #06-25 of Hara Properties LLC (D & M Container Service) - (Mrs. Feltner) Submitted to rezone +/- 13-acres from the M1 (Light Industrial) Zoning District with proffers to the M1 (Light Industrial) Zoning District with modified proffers. The property is located at 1290 Fairfax Pike, White Post, and is identified by Property Identification AGENDA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 3, 2025 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC09-03-25MinutesAugust6.pdf PC09-03-25_REZ05-25_Redacted.pdf 1 Number 86-A-180 in the Opequon Magisterial District. 7.C.Ordinance Amendment to the Frederick County Code - (Mr. Pearson) Modifications to the Transfer of Development Rights (TDR) program's receiving property criteria, transfer process, and development approval procedures as well as changes to the County's Traffic Impact Analysis (TIA) standards. The TDR program modifications are intended to clarify which properties qualify and receiving properties in relation to the comprehensive plan, allow for consideration of a Master Development Plan prior to transferring rights onto the property, and require TDR development to comply with the standards contained in the County's Area Plan as adopted in the Comprehensive Plan. The TIA standards are being updated to provide more flexibility for when a TIA can be required of by-right development projects. Chapter 165 Zoning, ARTICLE III Transfer of Development Rights (TDR) Program: Part 302 - Sending and Receiving Properties §165-302.02 Receiving Properties Part 303 - Transfer Process and Development Procedures §165-303.01 Transfer Process §165-303.02 Development Approval Procedures 8.Action Item 8.A.2232 Policy - (Mr. Bishop) Review of draft 2232 Review Policy as proposed by Staff. The County's 2232 Review Process determines the compatibility of proposed public facilities with Board of Supervisors adopted Comprehensive Plan. 9.Other 9.A.Current Planning Applications 10.Adjourn PC09-03-25_REZ06-25_Redacted.pdf PC09-03-25_OA_TDR_TIA.pdf PC09-03-25_2232Policy_Review.pdf 2 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Meeting Minutes Title: August 6, 2025 Meeting Minutes Attachments: PC09-03-25MinutesAugust6.pdf 3 Frederick County Planning Commission Page 4205 Minutes of July 2, 2025 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 6, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the August 6, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the May 21, 2025, June 4, 2025, July 2, 2025 meetings. ------------- 4 Frederick County Planning Commission Page 4206 Minutes of July 2, 2025 COMMITTEES Development Review and Regulations Committee – 7/24/25 Commissioner Kozel reported, the committee discussed a proposal to amend Chapter 165 Zoning Ordinance to clarify the Transfer of Development Rights (TDR) program’s receiving property criteria, transfer process, and development approval procedures. Additionally, Staff proposes revising the adopted Traffic Impact Analysis (TIA) Standards to facilitate the use of the TIA in the consideration of TDR projects and other by right development. Transportation Committee – 7/28/25 Commissioner Brannon reported, the Committee approved a minor update to the Capital Improvement Plan, discussed quotes for Application Assistance and Gainesboro Road Design, and heard updates on various County projects. Conservation Easement Authority – 7/26/25 Commissioner Markert reported, the Authority held the elections of officers and adopted the proposed Bylaws. A presentation on Purchase of Development Rights (PDR) was shared. Historic Resources Advisory Board – 7/18/25 Chairman Stowe reported, the Board reviewed CPPA #01-25 for Middletown Business Park. He shared discussion continued on the use of the historic preservation funding. Board of Supervisors – 7/9/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board held a discussion on an Ordinance Amendment for Transfer of Development Rights & Traffic Impact Analysis Standards Update. He noted, item was sent forward for Public Hearing. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- 5 Frederick County Planning Commission Page 4207 Minutes of July 2, 2025 PUBLIC HEARING Rezoning #04-25 of Laurel Ridge Community College Foundation Inc. (MDP Facilities Solutions) Action – Recommend Approval Amy L. Feltner, Planner I, reported this is a request to rezone 19.81+/- acres from the RA (Rural Areas) Zoning District to the HE (Higher Education) Zoning District with proffers for a technical trade facility. The property is generally located northeast of 131 Garland Snapp Drive, Middletown, and is in the Back Creek Magisterial District. She shared a zoning map and a long range land use map of the property. Mrs. Feltner continued, the proposed rezoning implements the Middletown/Lord Fairfax Area Plan which enhances the existing educational institution and Laurel Ridge Community College which serve Frederick County and the broader region. The Middletown/Lord Fairfax Area Plan expressly stated that Frederick Water will be the party responsible for providing water and sewer to this area. The facility, and the proposed expansion, will continue to be served by the City of Winchester for public water and the Town of Middletown for public sewer services. She presented the generalized development plan (GDP) dated July 2, 2025. Mrs. Feltner concluded, this proposed rezoning implements the Middletown/Lord Fairfax Area Plan, monetary contributions are included to off-set impacts to local fire and rescue services, and there is a dedication of right-of-way for future improvements to Route 11/Valley Pike. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. One member of the public spoke with concern about the location of the proposed building location and an existing easement to a private well. The Applicant stated that they were aware of the easement, and neither the buildings nor internal roadways would be infringing upon the easement. No one else came forward and the Public Hearing was closed for the public comment portion. Chairman Stowe asked for verification of the use of the facility and proposed substation. The Applicant responded that the facility was for training purposes (electrical trade) and would have electricity beyond a normal facility. He noted, the facility would not be associated with producing power. Upon motion made by Commissioner Brumback and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #04-25 of Laurel Ridge Community College Foundation Inc. (MDP Facilities Solutions). Conditional Use Permit #05-25 for Arcola Towers (Frederick Water) Action – Recommend Denial Kayla Peloquin, Planner II, reported this application proposes a 150’ monopole wireless telecommunications facility by Arcola Towers for T-Mobile and a minimum of three (3) additional broadband carriers. The property is located at 330 Lakeside Drive, Stephens City consisting of 14.25+/- acres, in the Shawnee Magisterial District. She shared a zoning map of the property. Mrs. Peloquin continued, the tower would be located within a 50’x50’ fenced area (2,500 square feet) consisting of 8’ tall chain link fence with 3 strands of barbed wire on top. She noted, existing mature landscaping will be utilized for screening. The Applicant has provided a letter certifying the fall radius of 150’ at ground level from a certified professional engineer; the proposed setbacks are greater than 150’ in all direction. Mrs. Peloquin continued, the Public Facilities chapter of the Comprehensive Plan includes broadband and telecommunications section with a goal to “promote the development of a high-quality 6 Frederick County Planning Commission Page 4208 Minutes of July 2, 2025 wireless telecommunications network throughout the County to serve its residents, while protecting the County’s visual landscape, historic resources, and natural resources”. She noted, the proposed tower generally helps the County achieve this goal. Mrs. Peloquin presented the conditions of this conditional use as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 150’ in height. 3. The tower shall be available for co-locating personal wireless service providers. 4. A minor site plan meeting all requirements of the Zoning Ordinance, including additional regulations for commercial telecommunications facilities (§165-204.19) shall be approved prior to establishment of the use. 5. In the event the telecommunications tower is not constructed within twelve (12) months of approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Mr. Yates, representing Arcola Towers, stated that the tower location has been carefully selected and that T-Mobile would not be making this investment if it were not necessary as the carriers plan ahead to maintain service levels. In response to questions, Mr. Yates stated the nearest home is 461’ from the base of the tower and electric will be brought to the side underground. T-Mobile initiated the tower and AT&T stated they will collocate as both receive complaints about coverage from customers in the area. The presentation demonstrated the coverage gap without the proposed tower and the coverage should the tower be approved. A generator will be used for emergencies and will be tested for around 30 minutes every couple of weeks, otherwise the maximum noise outside of the fenced compound would be 60 decibels. No lights are required by the FAA and no lights are proposed. The tower is designed for at least two other carriers. The fall zone radius is 150’, which is fully contained within the subject property. The Planning Commission discussed how much service may degrade in the area with the addition of new residences. Mr. Yates stated that with the anticipated growth further degrading service capacity, the carriers are preemptively making the investment to ensure capacity is available when growth occurs. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Numerous citizens stated they live in the surrounding neighborhoods and broader Stephens City area and have not had issues with cell service. Residents expressed strong opposition to the proposal, and many residents felt the tower would be an eyesore and do not feel it is necessary. No one else came forward and the Public Hearing was closed for the public comment portion. The Planning Commission debated whether there is a better location for the tower within the subject property. While Frederick County does not identify ideal areas for towers in the Comprehensive Plan, the ordinance requires carriers to collocate on existing towers if available. Upon motion made by Commissioner Thomas and seconded by Commissioner DeHaven to recommend approval (motion failed) Yes: McKay, Markert, Thomas, Kerns, DeHaven No: Brannon, Brumback, Sneddon, Bottorf, Stowe, Kozel, Aikens, Whitacre 7 Frederick County Planning Commission Page 4209 Minutes of July 2, 2025 Upon motion made by Commissioner Aikens and seconded by Commissioner Brannon to recommend denial BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional Use Permit #05-25 for Arcola Towers (Frederick Water). Yes: Brannon, Brumback, Sneddon, Bottorf, Stowe, Kozel, Aikens, Whitacre No: McKay, Markert, Thomas, Kerns, Dehaven 2025-2030 Capital Improvement Plan (CIP) Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a minor update to the CIP Transportation section to clearly identify projects or components of projects that are under application with the Virginia Department of Transportation for funding under the Revenue Sharing Program and the Transportation Alternative Program. The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. He noted, the Plan is created as an informational document to assist in the development of the County’s annual budget; if adopted, the CIP is based on the Comprehensive Plan. Mr. Bishop shared, the County is currently in the Application phase for the following projects: Revenue Sharing (50% State/ 50% County) • Warrior Drive Extension and Brandy Lane upgrade to a State road • Route 11 widening and intersection upgrade at Shawnee Drive • Brucetown Road/Hopewell Road alignment • Back Mountain Road R-Cut intersection upgrade Transportation Alternative Program (80% State/20% County) • Westminster Canterbury Drive Crossing at Route 522 • Tasker Road Multi-Use path from Warrior Drive to Cross Keys Circle Mr. Bishop concluded, the Transportation Committee reviewed this item on July 28, 2025 and recommended approval. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Aikens and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the 2025-2030 Capital Improvement Plan (CIP) Transportation Section. ------------- OTHER Wyatt G. Pearson, Director, reported an email was sent out to all Planning Commission Members regarding Comp Plan conversations and to please let Staff know when available. He continued, 8 Frederick County Planning Commission Page 4210 Minutes of July 2, 2025 as an update, the inter parcel waiver connection for Lake Frederick; were able to sign an MDP for revision 6 in final MDP phases within Lake Frederick and it did include an inter parcel connection. Mr. Pearson stated Staff is reviewing Site Plans for the Publix on Route 277 and the Jordan Spring Elementary expansion. Commissioner Thomas asked is it possible to set aside an area for cell phone towers as a by- right use for large rezonings in residential areas. Mr. Pearson commented it would require a CUP alongside the Rezoning and could ask the residential developer to do this, but they would not be required to. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Aikens and unanimously passed. The meeting was adjourned at 8:50 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Public Hearings Title: Rezoning #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC) - (Mrs. Peloquin) Attachments: PC09-03-25_REZ05-25_Redacted.pdf 10 REZONING #05-25 Firestone Complete Auto Care Center (Rutherford Farm LLC) Staff Report for the Planning Commission Prepared: August 20, 2025 Staff Contact: Kayla Peloquin, Planner II Executive Summary: Meeting Schedule Planning Commission: September 3, 2025 Action: Pending Board of Supervisors: September 24, 2025 Action: Pending Property Information Property Identification Number (PIN) 43-A-100F Address Market Street, Winchester Magisterial District Stonewall Acreage +/- 2.96 acres Zoning & Present Land Use Zoning: B2 (General Business) Land Use: Vacant Proposed Zoning B3 (Industrial Transition) Adjoining Property Zoning & Present Land Use North: B2 (General Business) & RP (Residential Performance) Land Use: Commercial & single-family residential South: B2 (General Business) Land Use: Commercial & vacant East: RA (Rural Areas) Land Use: Nursery & Garden Center West: B2 (General Business) Land Use: Commercial Proposed Use This is a request to rezone one (1) parcel totaling +/- 2.96 from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers for the purpose of establishing a Firestone Complete Auto Care Center under the use of “General Automotive, Motorcycle, and Truck repair, Services and Parking.” Positives Concerns The intended use of automotive repair will generate fewer trips than some of the by-right B2 uses, such as a gas station or restaurant. The proffer statement prohibits all B3 uses other than the intended use (automotive Potential for noise. Noise will be at least partially mitigated by the additional regulations in the Zoning Ordinance that requires all repair work to take place within an entirely enclosed structure. However, it is not uncommon for repair shops to conduct 11 Page 2 of 4 repair) and continues to permit all B2 uses, thereby maintaining the intent of the B2 Zoning District. The proposed rezoning is in general conformance with the Comprehensive Plan. work with service bay doors open, which can limit the effectiveness of this regulation. Review Agency Comments: Review Agency Comment Date Comment Summary Status County Attorney July 18, 2025 Proffer statement is legally sufficient subject to two comments – indicate previously approved proffers from REZ #17-06 shall remain in effect to the extent applicable to the Property & add a signature block and notary line. Addressed Frederick County (FC) Fire Marshal June 25, 2025 Approved with conditions. All future development shall comply with the FC Fire Prevention Code. Acknowledged. Will be addressed at sit plan. Frederick Water June 30, 2025 No substantial increase in water and sewer service demands. No comment Addressed FC Public Works July 16, 2025 Recommend approval. Comprehensive review at time of site plan. Addressed Virginia Department of Transportation (VDOT) July 9, 2025 The change will not have a negative effect on the current transportation network. Support the application. Addressed Planning & Zoning Staff Analysis: Site History: The property and the surrounding area (Rutherford Crossing Development) was rezoned to the B2 (General Business) Zoning District with proffers in 2007 (REZ #17-06). The proffers were primarily related to transportation improvements, such as signalization of major intersections and right-of-way dedication that have already been completed. There are several undeveloped pad sites within the Rutherford Crossing development. 12 Page 3 of 4 The proffers of REZ #17-06 included a historic area open to the public with informational signage on the historic significance of the site in the location of the old Rutherford’s Farm House along Martinsburg Pike. These elements have been installed including a small parking area, picnic tables, landscaping, and three signs about the Second Battle of Winchester, the Battle of Rutherford’s Farm, and the Rutherford’s Farm House that were approved by the Historic Resources Advisory Board (HRAB). General Development Plan (GDP), Site Access, and Transportation: The proffers from REZ #17-06 limit Rutherford Crossing to one (1) full movement entrance (Merchant Street) and two (2) right-in/right-out entrances (Market Street & the entrance that is part of the subject property). These proffers set up the general road network for the entire development. The subject property has existing concrete sidewalk along Market Street and entrance locations are already defined. As stated in their comment letter, VDOT does not anticipate any negative impacts on the current transportation network. Zoning Ordinance Requirements: The B2 District permits “Automotive Oil Change and Lubrication Shops” as a by-right use. The proposal includes automobile repair, therefore requiring the rezoning. The intent of the B2 District is “to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public” (§165-603.01). Existing businesses in Rutherford Crossing include anchor retail, fast food and restaurants, personal services, and various other retail opportunities. An automotive repair center would be appropriate within the variety of businesses that is located near a major collector (Route 11) in close vicinity of the Interstate 81 interchange. The Zoning Ordinance (§165-204.12) contains additional regulations for “motor vehicle service uses, automotive repair shops and public garages.” The regulations require that all repair work take place within an enclosed structure, all exterior storage of parts and equipment be screened, and that inoperable vehicles be stored within an enclosed building or screened on all sides. These details would be addressed during the site plan stage. Comprehensive Plan Conformance: The Comprehensive Plan provides guidance when considering any land use action. The property is located within the Sewer and Water Service Area (SWSA). The long-range land use of the property is designated as “business.” The property is located within the Northeast Frederick Land Use Plan (NELUP), last updated in 2023. The NELUP recognizes the need for commercial uses near major roadways to serve residents and visitors. All permitted uses in the B3 Zoning District other than “General Automotive, Motorcycle, and Truck Repair, Services and Parking” are prohibited, which removes the possibility of a larger scale, wholesale, or industrial use on the property. The proposed use (and other uses permitted in B2) are typically associated with the 13 Page 4 of 4 “business” land use designation. The proposed rezoning is in general conformance with the Comprehensive Plan. Proffers & Staff Comments: Proffer Statement (July 28, 2025) Land Use • B2 permitted uses shall continue to be permitted • The only permitted B3 use is “General Automotive, Motorcycle, and Truck Repair, Services and Parking.” All other B3 uses are prohibited. • Staff comment: The restriction of all B3 uses other than the intended use preserves the intent of the B2 Zoning District. Pedestrian Infrastructure • Construction of 5’ wide sidewalk along northeastern boundary of the property from Market Street to the north to the T-intersection • Staff comment: This meets Zoning Ordinance requirements. Should the adjacent property (43-A-100) develop, the developer would be required to build sidewalk along their northeastern boundary, resulting in connectivity from Martinsburg Pike (Route 11) to the internal pedestrian network of Rutherford Crossing. Previous Proffers • Previously approved proffers from REZ #17-06 shall remain in effect to the extent applicable to the property • Staff comment: The majority of the proffers have been completed. Proffer “A” regarding the maximum building square footage of 1,245,000 SF for the combined properties including 43-A-98, 43-A-99, and 43-A-100 will remain in effect but will not preclude this property from developing as the total developed square footage is not near the maximum. Following a public hearing, staff are seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this rezoning application. 14 £¤11 112MARKET ST 111MERCHANT ST 1840MARTINSBURGPIKE 1912MARTINSBURGPIKE 141NULTON LN 149NULTON LN 1854MARTINSBURGPIKE 111MERCHANT ST 110MERCHANT ST 1864MARTINSBURGPIKE 191MARKET ST 1876MARTINSBURGPIKE 120MERCHANT ST 160MERCHANT ST 1897MARTINSBURGPIKE 1907MARTINSBURGPIKE 231MARKET ST 231MARKET ST 1917MARTINSBURGPIKE 251MARKET ST 1927MARTINSBURGPIKE 261MARKET ST 280MARKET ST 1937MARTINSBURGPIKE 1947MARTINSBURGPIKE 1957MARTINSBURGPIKE 1985MARTINSBURGPIKE 430MARKET STMILTON RAY DR NULTON LNMARTINSBURGPIKEMERCHANT STM ARKET STApplication Parcels Sewer and Water Service A rea B2 (General Business District) M1 (Light Industrial District) RP (Residential P erform ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 12, 2025 £¤11 £¤11 §¨¦81 §¨¦81WELLTOWN RDMARTINSBURG PIKEREDBUDRDSNOWDEN BRIDGE BLVDMARKET STMERCHANT ST MILTONRAY DR NULTON LN EZRA LNMARTINSBURGPIKE0 210 420105 Feet 43 A 100F REZ # 05 - 25: Firestone Complete Auto Care CenterPIN: 43 - A - 100FRezoning from B2 to B3Zoning Map REZ #05-25 15 £¤11 112MARKET ST 111MERCHANT ST 1840MARTINSBURGPIKE 1912MARTINSBURGPIKE 141NULTON LN 149NULTON LN 1854MARTINSBURGPIKE 111MERCHANT ST 110MERCHANT ST 1864MARTINSBURGPIKE 191MARKET ST 1876MARTINSBURGPIKE 120MERCHANT ST 160MERCHANT ST 1897MARTINSBURGPIKE 1907MARTINSBURGPIKE 231MARKET ST 231MARKET ST 1917MARTINSBURGPIKE 251MARKET ST 1927MARTINSBURGPIKE 261MARKET ST 280MARKET ST 1937MARTINSBURGPIKE 1947MARTINSBURGPIKE 1957MARTINSBURGPIKE 1985MARTINSBURGPIKE 430MARKET STMILTON RAY DR NULTON LNMARTINSBURGPIKEMERCHANT STM ARKET STApplication Parcels Sewer and Water Service A rea µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 12, 2025 £¤11 £¤11 §¨¦81 §¨¦81WELLTOWN RDMARTINSBURG PIKEREDBUDRDSNOWDEN BRIDGE BLVDMARKET STMERCHANT ST MILTONRAY DR NULTON LN EZRA LNMARTINSBURGPIKE0 210 420105 Feet 43 A 100F REZ # 05 - 25: Firestone Complete Auto Care CenterPIN: 43 - A - 100FRezoning from B2 to B3Location Map REZ #05-25 16 £¤11 112MARKET ST 111MERCHANT ST 1840MARTINSBURGPIKE 1912MARTINSBURGPIKE 141NULTON LN 149NULTON LN 1854MARTINSBURGPIKE 111MERCHANT ST 110MERCHANT ST 1864MARTINSBURGPIKE 191MARKET ST 1876MARTINSBURGPIKE 120MERCHANT ST 160MERCHANT ST 1897MARTINSBURGPIKE 1907MARTINSBURGPIKE 231MARKET ST 231MARKET ST 1917MARTINSBURGPIKE 251MARKET ST 1927MARTINSBURGPIKE 261MARKET ST 280MARKET ST 1937MARTINSBURGPIKE 1947MARTINSBURGPIKE 1957MARTINSBURGPIKE 1985MARTINSBURGPIKE 430MARKET STMILTON RAY DR NULTON LNMARTINSBURGPIKEMERCHANT STM ARKET STApplication Parcels Sewer and Water Service A rea Long R ange Land Use Business Industrial µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 12, 2025 £¤11 £¤11 §¨¦81 §¨¦81WELLTOWN RDMARTINSBURG PIKEREDBUDRDSNOWDEN BRIDGE BLVDMARKET STMERCHANT ST MILTONRAY DR NULTON LN EZRA LNMARTINSBURGPIKE0 210 420105 Feet 43 A 100F REZ # 05 - 25: Firestone Complete Auto Care CenterPIN: 43 - A - 100FRezoning from B2 to B3Long Range Land Use Map REZ #05-25 17 18 19 ENTIRE PARCEL TO BE REZONED FROM B-2 TO B-3 ± 2.9553 AC This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.DATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT 2025 KIMLEY-HORN AND ASSOCIATES, INC.11400 COMMERCE PARK DR., SUITE 400, RESTON, VA 20191PHONE: 703-674-1300 FAX: 703-674-1350WWW.KIMLEY-HORN.COMP R E L I M I N A R YTHESE DOCUMENTS ARE INCOMPLETE AND NOT FORREGULATORY APPROVAL, PERMIT ORCONSTRUCTION.RE=ONING EXHIBIT7/23/2025111125000SRASRAHRTVIRGINIAFREDERICK COUNTYFIRESTONE COMPLETE AUTOCARE CENTERPREPARED FOR=AREMBA GROUP, LLCEX-1 VICINITY MAP SCALE: 1 1000 NORTH NORTH 20 STOPSTOPSTOPACCESSALTA/NSPS LAND TITLE SURVEY LANDS N/F RUTHERFORD FARM, LLC INSTRUMENT NO. 050006702 FREDERICK COUNTY, VIRGINIA STONEWALL MAGISTERIAL DISTRICT Z.T.B. G.R.S. DWN: CHK: DES:SHEET 1 OF 1BY REVISIONDATESITEDENOTES PARKING COUNTSTOPGRS GROUP, LLC 6703 DELAND COURT SPRINGFIELD, VA 22152 FAX: 703-763-2320 email: grsgroup.llc@gmail.com TELE: 703-727-5828 ©SCALE: 1" = 2,000 FT.GRATE INLETSANITARY MANHOLESTORM DRAIN MANHOLEFIRE HYDRANTWATER VALVEGAS VALVEUTILITY POLEGUY WIRETELEPHONE PEDESTALSTOP BARELECTRIC BOXEXISTING CONTOURAPPROX. LOC. WATER LINEOVERHEAD WIRESLEGENDCONCRETEPROPERTY LINEPROPERTY LINE ADJOINERWATER MANHOLEUTILITY COVERTOP OF CURB ELEVATIONFLOWLINE ELEVATIONSPOT ELEVATIONBUILDING W/ HATCHWOOD OR VINYL FENCEFIRE DEPT. CONN.GAS METERSIGNBOLLARDTREE (W/SIZE)ADA WARNING PADSURVEY CONTROL POINTENCROACHMENT TABLENONENOTES:1. PROPERTY IS PART OF THE LANDS OF RUTHERFORD FARM, LLCAS RECORDED IN INSTRUMENT NO. 050006702 AND HAVING APARCEL ID OF 43-A-100F (LOT 1-B).2. AREA = 128,733 SQ. FT. OR 2.9553 ACRES3. LOCATION OF ALL UNDERGROUND UTILITIES AREAPPROXIMATE. ALL LOCATIONS AND SIZES ARE BASED ON UTILITYMARK-OUTS, ABOVE GROUND STRUCTURES THAT WERE VISIBLE &ACCESSIBLE IN THE FIELD, AND THE MAPS AS LISTED IN THEREFERENCES AVAILABLE AT THE TIME OF THE SURVEY. AVAILABLEAS BUILT PLANS AND UTILITY MARK OUT DOES NOT ENSUREMAPPING OF ALL UNDERGROUND UTILITIES AND STRUCTURES.BEFORE ANY EXCAVATION IS TO BEGIN, ALL UNDERGROUNDUTILITIES SHOULD BE VERIFIED AS TO THEIR LOCATION, SIZE ANDTYPE BY THE PROPER UTILITY COMPANIES.4. THE HORIZONTAL DATUM IS VIRGINIA STATE PLANECOORDINATE SYSTEM, NAD 83 (2011) BASED UPON GPSOBSERVATIONS. THE VERTICAL DATUM IN NAVD 1988 BASED UPONGPS OBSERVATIONS (GEOID 2018).5. BY GRAPHIC PLOTTING THE PROPERTY IS LOCATED IN OTHERAREAS, ZONE "X" (AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) PER FEMA FLOOD INSURANCE RATEMAP FOR FREDERICK COUNTY, VIRGINIA AND INCORPORATEDAREAS, PANEL 210 OF 375, MAP NUMBER 51069C0210E, MAPEFFECTIVE DATE JANUARY 29, 2021.6. THERE IS EVIDENCE OF RECENT EARTH MOVING WORK,BUILDING CONSTRUCTION, OR BUILDING ADDITIONS OBSERVED INTHE PROCESS OF CONDUCTING THE SURVEY.7. THERE ARE NO PROPOSED CHANGES IN STREETRIGHT-OF-WAY LINES OR EVIDENCE OF RECENT STREET ORSIDEWALK CONSTRUCTION OR REPAIRS OBSERVED IN THEPROCESS OF CONDUCTING THE FIELDWORK.8. THERE WAS NO EVIDENCE OF A FIELD DELINEATION OFWETLANDS CONDUCTED ON THE SITE.9. THERE ARE NO VISIBLE ENCROACHMENTS.10. THERE WERE NO CEMETERIES OR FAMILY BURIAL GROUNDSOBSERVED AT THE TIME OF SURVEY.11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLIDWATER DUMP, SUMP OR SANITARY LANDFILL..12. THE PROPERTY HAS PEDESTRIAN, PUBLIC UTILITY ANDVEHICULAR ACCESS TO MARKET STREET [VA ROUTE 1621] APUBLICLY DEDICATED AND MAINTAINED RIGHT-OF-WAY VIAINGRESS/EGRESS EASEMENT AS RECORDED IN INSTRUMENT NO.160006707.13. THE PROPERTY IS ZONED B3 - INDUSTRIAL TRANSITIONDISTRICT (PENDING REZONING APPROVAL).THIS SURVEY IS PREPARED WITH REFERENCE TO A TITLE COMMITMENT PREPARED BYFIRST AMERICANTITLE INSURANCE COMPANY, COMMITMENT NO. NCS-1256577-CLEWITH AN EFFECTIVE DATE OF MARCH 21, 2025 AT 8:00 A.M. OUR OFFICE HAS REVIEWEDTHE FOLLOWING SURVEY RELATED EXCEPTIONS IN SCHEDULE B, SECTION II:4. COVENANT AND RESTRICTION AS SET FORTH IN DEED, DATED OCTOBER 3, 1952,RECORDED NOVEMBER 6, 1952, IN DEED BOOK 225, PAGE 377, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NO PLOTTABLE EASEMENTS.5. EASEMENT GRANTED TO NORTHERN VIRGINIA POWER COMPANY IN RIGHT OFWAY AGREEMENT, DATED SEPTEMBER 11, 1961, RECORDED OCTOBER 11, 1961, IN DEEDBOOK 273, PAGE 506, DOES NOT AFFECT THE SUBJECT PROPERTY.6. EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY OF VIRGINIA IN RIGHTOF WAY AGREEMENT, DATED MAY 9, 1967, RECORDED JULY 12, 1967, IN DEED BOOK 333,PAGE 526, MAY AFFECT THE SUBJECT PROPERTY, VAGUE AND INSUFFICIENTINFORMATION IN THE RECORD DOCUMENT.7. EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY OF VIRGINIA IN RIGHTOF WAY AGREEMENT, DATED FEBRUARY 9, 1970, RECORDED MARCH 9, 1970, IN DEEDBOOK 361, PAGE 556, DOES NOT AFFECT THE SUBJECT PROPERTY, POLE LINEEASEMENT TO THE WEST 950.0' ± ON EITHER SIDE OF RAILROAD TRACK.8. EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY IN RIGHT OF WAYAGREEMENT, DATED APRIL 27, 1978, RECORDED JULY 14, 1978, IN DEED BOOK 495, PAGE74, DOES NOT AFFECT THE SUBJECT PROPERTY, POLE LINE EASEMENT WEST OFPROPERTY.9. EASEMENT GRANTED TO SHENANDOAH TELEPHONE COMPANY IN INSTRUMENTDATED JULY 13, 1987, RECORDED MAY 15, 1988, IN DEED BOOK 674, PAGE 389, MAYAFFECT THE SUBJECT PROPERTY, VAGUE AND INSUFFICIENT INFORMATION IN THERECORD DOCUMENT.10. MAINTENANCE OBLIGATIONS AS SET FORTH WITHIN EASEMENT AGREEMENT BYAND BETWEEN RUTHERFORD FARM, LLC, COWPERWOOD FEMA, LLC AND JOHN SCULLY,JOHN SCHROTH AND ROBERT SOLENBERGER, DATED MAY 9, 2007, RECORDED MAY 14,2007, AS INSTRUMENT NO. 070007920, DOES NOT AFFECT THE SUBJECT PROPERTY,EASEMENT AGREEMENT FOR CERTAIN TRACT OF RUTHERFORD FARM, LLC NORTH OFMARKET STREET, PIN: 43 A 100A.11. EASEMENTS GRANTED TO COUNTY OF FREDERICK, VIRGINIA AND FREDERICKCOUNTY SANITATION AUTHORITY IN DEED OF DEDICATION OF PUBLIC ROADS, STORMDRAINAGE EASEMENTS, PUBLIC ACCESS, PUBLIC WATER AND SEWER ANDESTABLISHMENT OF LANDSCAPE BUFFER AND WOODLAND BUFFER AND HISTORICALINTERPRETATION AREA, DATED JUNE 14, 2007, RECORDED JULY 10, 2007, ASINSTRUMENT NO. 070011052, AFFECTS THE SUBJECT PROPERTY, SHOWN.12. EASEMENTS GRANTED TO RUTHERFORD FARM, LLC AS SET FORTH IN DEED OFEASEMENT FOR STORM DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENT INCONNECTION THEREWITH, DATED JUNE 14, 2007, RECORDED JULY 10, 2007, ASINSTRUMENT NO. 070011053. (NOTE: THE DRAINAGE EASEMENT GRANTED IN THISDOCUMENT APPEARS TO BE SAME DRAINAGE EASEMENT AS GRANTED IN EASEMENTAGREEMENT RECORDED AS INSTRUMENT NO. 070007920, DOES NOT AFFECT THESUBJECT PROPERTY, DEED OF EASEMENT FOR CERTAIN TRACT OF RUTHERFORDFARM, LLC NORTH OF MARKET STREET.13. EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY (DBA ALLEGHENYPOWER) IN RIGHT OF WAY AGREEMENT, DATED JUNE 27, 2007, RECORDED OCTOBER 12,2007, AS INSTRUMENT NO. 070016050, DOES NOT AFFECT THE SUBJECT PROPERTY,AFFECTS PIN: 43-A-100.14. EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY (DBA ALLEGHENYPOWER) IN RIGHT OF WAY AGREEMENT, DATED JUNE 27, 2007, RECORDED OCTOBER 12,2007, AS INSTRUMENT NO. 070016051, DOES NOT AFFECT THE SUBJECT PROPERTY,AFFECTS PIN: 43-A-100.15. OPERATION AND EASEMENT AGREEMENT BY AND BETWEEN TARGETCORPORATION AND RUTHERFORD FARM, LLC, DATED JULY 19, 2007, RECORDED JULY20, 2007, AS INSTRUMENT NO. 070011908; AS AMENDED BY FIRST AMENDMENT TOOPERATION AND EASEMENT AGREEMENT RECORDED JULY 20, 2007, AS INSTRUMENTNO. 070011913, AND FURTHER AMENDED BY SECOND AMENDMENT TO OPERATION ANDEASEMENT AGREEMENT RECORDED MAY 6, 2019, AS INSTRUMENT NO. 190004196, ASAFFECTED BY MEMORANDUM OF AGREEMENT RELATING TO OEA, DATED SEPTEMBER29, 2015, RECORDED OCTOBER 6, 2015, AS INSTRUMENT NO. 150009856, AS AMENDEDBY FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT RELATING TO OEARECORDED AS INSTRUMENT NO. 150011356, AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.16. EASEMENT GRANTED TO WASHINGTON GAS LIGHT COMPANY IN EASEMENT,DATED JANUARY 22, 2008, RECORDED JANUARY 23, 2008, AS INSTRUMENT NO.080000920, AFFECTS THE SUBJECT PROPERTY, SHOWN.17. EASEMENTS GRANTED TO THE COUNTY OF FREDERICK, VIRGINIA, ANDFREDERICK COUNTY SANITATION AUTHORITY WITHIN DEED OF DEDICATION, ANDVACATION OF VARIOUS EASEMENTS THROUGH LOTS 1, 2, 3, 4, 5 AND 6 AND THERESUBDIVISION OF LOTS 1, 3, 5 AND 6 OF RUTHERFORD FARM, DATED FEBRUARY 21,2008, RECORDED MAY 09, 2008 AS INSTRUMENT NO. 080005730, AFFECTS THE SUBJECTPROPERTY, SHOWN.18. EASEMENT GRANTED TO ROY R. MESSICK AND NANCY L. MESSICK, HIS WIFE,DATED FEBRUARY 4, 2008, RECORDED MARCH 24, 2009, AS INSTRUMENT NO. 090002932,AFFECTS THE SUBJECT PROPERTY, SHOWN.19. DECLARATION OF COVENANTS AND RESTRICTIONS, DATED SEPTEMBER 29, 2015,RECORDED OCTOBER 6, 2015, AS INSTRUMENT NO. 150009853, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NOT PLOTTABLE.20. DECLARATION AND AGREEMENT REGARDING EASEMENTS AND COVENANTS,DATED JULY 13, 2016, RECORDED JULY 18, 2016, AS INSTRUMENT NO. 160006707,AFFECTS THE SUBJECT PROPERTY, SHOWN.21. EASEMENTS GRANTED TO THE FREDERICK COUNTY SANITATION AUTHORITY INDEED OF EASEMENT AND VACATION OF EASEMENT, DATED AUGUST 15, 2017,RECORDED AUGUST 16, 2017, AS INSTRUMENT NO. 170008340, AFFECTS THE SUBJECTPROPERTY, SHOWN.22. THIRTY-FIVE (35) AND FIFTY (50) FOOT BUILDING RESTRICTION LINES AS SHOWNON PLAT ATTACHED TO DEED OF SUBDIVISION RECORDED AS INSTRUMENT NO.170010931, AFFECTS THE SUBJECT PROPERTY, SHOWN.23. DECLARATION REGARDING USE RESTRICTIONS, DATED JANUARY 19, 2018,RECORDED JANUARY 22, 2018, AS INSTRUMENT NO. 180000634, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NOT PLOTTABLE.24. USE RESTRICTIONS AND EASEMENTS AS SET FORTH WITHIN MEMORANDUM OFGROUND LEASE DATED OCTOBER 21, 2016, BY AND BETWEEN RUTHERFORD FARM, LLCAND RED ROBIN INTERNATIONAL, INC., RECORDED AS INSTRUMENT NO. 180005329.(NOTE: THE LEASED PREMISES AFFECTS LOT 1-E, FORMERLY A PART OF LOT 1-B.RESTRICTIONS AFFECT THE CURRENT LOT 1-B.), AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.25. EASEMENT GRANTED TO FREDERICK COUNTY SANITATION AUTHORITY, D.B.A.FREDERICK WATER, IN DEED OF EASEMENT, DATED DECEMBER 7, 2018, RECORDEDJANUARY 10, 2019, AS INSTRUMENT NO. 190000265, AS AFFECTED BY SUPPLEMENTALAGREEMENT TO EASEMENT, DATED DECEMBER 7, 2018, BY AND BETWEEN BTFHOSPITALITY, LLC AND RUTHERFORD FARM, LLC, RECORDED JANUARY 10, 2019 ASINSTRUMENT NO. 190000266, AFFECTS THE SUBJECT PROPERTY, GENERAL IN NATURE,NOT PLOTTABLE.26. EASEMENT GRANTED TO BTB HOSPITALITY, LLC IN DEED OF EASEMENT, DATEDDECEMBER 7, 2018, RECORDED JANUARY 10, 2019, AS INSTRUMENT NO. 190000267,AFFECTS THE SUBJECT PROPERTY, SHOWN.27. DECLARATION OF RESTRICTIVE COVENANTS, DATED APRIL 25, 2019, RECORDEDMAY 2, 2019, AS INSTRUMENT NO. 190004109, AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.LEGAL DESCRIPTIONCOMMITMENT NO. NCS-1256577-CLEPID:43-A-100FALL OF THOSE LOTS OR PARCELS OF LAND LOCATED IN FREDERICK COUNTY,VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING INTHE STONEWALL MAGISTERIAL DISTRICT,FREDERICK COUNTY, VIRGINIA, SHOWN AND DESIGNATED AS "LOT 1-B",CONTAINING 2.9553 ACRES, AS SHOWN ONTHAT CERTAIN PLAT ENTITLED "PLAT OF SUBDIVISION LOT 1-B, RUTHERFORDFARM, LLC, STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA",PREPARED BY MARSH & LEGGE LAND SURVEYORS, P.L.C., DATED SEPTEMBER 07,2017, WHICH PLAT IS ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OFSUBDIVISION RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THECOUNTY OF FREDERICK, VIRGINIA, ON OCTOBER 19, 2017, AS INSTRUMENTNUMBER 170010931.CLEAN OUTAREA LIGHTTITLE EXCEPTIONMATCH LINE A SEE THIS SHEETMATCH LINE A SEE THIS SHEETREFERENCES:1. FREDERICK COUNTY, VIRGINIA, ONLINE TAX MAP ASSESSMENTDATABASE.2. MAP ENTITLED "FIRM, FLOOD INSURANCE RATE MAP, FREDERICKCOUNTY, VIRGINIA AND INCORPORATED AREAS", PANEL 210 OF 375, MAPNUMBER 51069C0210E, MAP EFFECTIVE DATE JANUARY 29, 2021.THIS "ALTA/NSPS LAND TITLE SURVEY, THE LANDS OF LANDS OFRUTHERFORD FARM, LLC AS RECORDED IN INSTRUMENT NO.050006702, WAS COMPLETED UNDER MY SUPERVISION FROMAN ACTUAL GROUND SURVEY; THAT THE DATA WAS OBTAINEDMAY 9, 2025 THROUGH MAY 10, 2025 AND THAT THIS PLAT, MAP,OR DIGITAL GEOSPATIAL DATA, INCLUDING METADATA MEETSMINIMUM ACCURACY STANDARDS UNLESS OTHERWISE NOTED.TO: WINCHESTER BF BTS RETAIL, LLC AND BRIDGESTONE RETAILOPERATIONS, LLC, AND FIRST AMERICAN TITLE INSURANCE COMPANYAND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OF EACH;THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEYON WHICH IT BASED WERE MADE IN ACCORDANCE WITH THE2021 MINIMUM STANDARD DETAIL REQUIREMENTS FORALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED ANDADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5,6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 11, 10, 13, 14, 16, 17, 18 & 19 OFTABLE A THEREOF. THE FIELD WORK WAS COMPLETED ONMAY 10, 2025.JUNE 16, 2025TITLE NOTESCOMMITMENT NO. NCS-1256577-CLEPID:43-A-100F21 kimley-horn.com 11400 Commerce Park Drive Suite 400, Reston, VA 20191 703 674 1300 June 17, 2025 Frederick County Planning and Development Attn: Tyler Klein 107 N Kent Street Suite 202 Winchester, VA 22601 RE:Impact Analysis Statement for the Rezoning Application of PIN #43-A-100F Stonewall Magisterial District INTRODUCTION The subject +/- 2.9553-acre property identified as PIN #43-A-100F is currently zoned B2 (General Business District) and located in the Stonewall Magisterial District. This application proposes to rezone the property to B3 (Industrial Transition District), which allows the proposed use of a Firestone Complete Auto Care Center by-right. Rezoning to B3 is in alignment with the current Frederick County Comprehensive Plan. The property is subject to a previously approved rezoning, Rutherford Crossing (RZ#17-06). The existing proffers will remain in addition to allowing automotive repair as an approved use. The adjacent shopping center parcels are zoned B2 with a RP (Residential, Performance District) parcel adjacent to the access road. COMPREHENSIVE PLAN The subject property is located within the Northeast Frederick Land Use Plan (NELUP) and is entirely within the Sewer and Water Service Area (SWSA). This area encourages employment-generating and commercial land uses along key transportation corridors, with strategic infill and redevelopment opportunities that support infrastructure efficiency and compatibility with adjacent uses. The proposed use would be employment-generating and provide retail services in line with the surrounding Rutherford Crossing Retail Center, thus demonstrating conformance with the NELUP. LAND USE The subject property seeks to rezone from B2 (General Business District) to B3 (Industrial Transition District). B3 uses are light-industrial in nature, which is why B3 zoning districts are generally located between B2 and Industrial zoning districts; to provide a sensible transition between the two. The subject parcel, however, is not adjacent to any industrial districts, and even borders RP-zoned land to the east. To mitigate the potential for incompatibility with adjacent parcels, the Applicant has proffered the allowable land uses at the property to be limited to retail uses (that would otherwise be allowed in the B2 district) as well as automobile repair. All other industrial uses will be prohibited. This will ensure that the property maintains the retail character while also addressing the demand for automobile repair through this corridor. 22 Page 2 kimley-horn.com 11400 Commerce Park Drive Suite 400, Reston, VA 20191 703 674 1300 ACCESS AND TRANSPORTATION The subject property has an existing paved right-in-right-out access drive on Martinsburg Pike – Route 11 that connects to Market Street and provides access to the adjacent retail parcels. Martinsburg Pike is classified by VDOT as a major collector road. As part of RZ #17-06 Rutherford Crossing rezoning process, a Traffic Impact Analysis (TIA) was prepared, analyzing the impact of the full buildout on the surrounding road network. Based on the recommendations from that report, road improvements were proffered and ultimately built during the initial phase of construction. It is assumed that the existing road network is adequate and may even be under-utilized given that there are a few undeveloped pads in the Rutherford Crossing Center. By rezoning the subject property from B2 to B3, it is anticipated that the number of trips will be reduced. B2 uses tend to be high-turnover retail/restaurant uses while B3 tend to be medium-turnover heavy retail/light industrial uses. Automobile repair, the intended use at the parcel, specifically is characterized by trips that are infrequent but multiple hours in duration. Table 1 below depicts trip data for the proposed use as well as some typical B2 uses for comparison. As shown, far fewer trips are anticipated for automobile repair/parts sales. Given that the existing road network is constructed in conformance with the original master plan, and the proposed use will likely reduce trips compared to the original allocation for the property, no further traffic analysis is warranted. Table 1 Proposed Trip Generation Comparison Land Use Description ITE Code Quantity Unit Daily Trips AM Peak Hour Trips PM Peak Hour Trips Enter Exit Total Enter Exit Total Enter Exit Total Tire Store 848 6607 SF 92 91 183 11 6 17 11 14 25 Automobile Parts Sales 843 6607 SF 181 180 361 9 8 17 15 17 32 Fast-Food Restaurant without Drive-Through Window 933 6607 SF 1488 1488 2976 165 120 285 110 109 219 Fast-Food Restaurant with Drive-Through Window 934 6607 SF 1545 1544 3089 150 145 295 113 105 218 Coffee/Donut Shop without Drive-Through Window 936 6607 SF N/A N/A N/A 314 301 615 107 106 213 High-Turnover (Sit-Down) Restaurant 932 6607 SF 354 354 708 35 28 63 37 23 60 SITE SUITABILITY As part of the original Rutherford Crossing phase of construction, the subject property was delivered in a “pad-ready” condition, meaning that the site was graded with mild slopes and utilities were stubbed to the edge of the parcel. According to FEMA FIRM panels, the site lies outside of Special Flood Hazard Areas (100-year floodplain). There are no mapped wetlands or Chesapeake Bay Preservation Areas on the property. Development will be subject to state and county erosion and sediment control requirements. SEWAGE CONVEYANCE AND WATER SUPPLY 23 Page 3 kimley-horn.com 11400 Commerce Park Drive Suite 400, Reston, VA 20191 703 674 1300 Public water is available and accessible via adjacent mains along Market Street and Martinsburg Pike/Route 11. Public sewer is available and accessible via an existing 8” PVC pipe along the access drive adjacent to the site. No off-site improvements are anticipated beyond standard service extensions. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey and available Frederick County GIS maps identifies “34-727 Rutherford’s Farm” as a potentially significant property. The main house at Rutherford’s Farm has been demolished and all that remains is a set of stairs noted by a historical marker on Route 11. It is also important to note three Civil War wayside markers have been relocated to a small park contained on the periphery of the parcel abutting the subject property’s southern boundary between itself and Martinsburg Pike. It is anticipated that improvement of the subject property will not impact nearby historically significant structures, areas, or artifacts. IMPACT ON COMMUNITY FACILITIES Rezoning and ultimately developing the subject property into a Firestone Complete Auto Care will have a positive fiscal impact on Frederick County by introducing employment opportunities and commerce at an undeveloped parcel. Furthermore, this application will have no impact to infrastructure as discussed above and will not impact public facilities such as schools, parks, and emergency services since residential development is not proposed. Please contact me at (703-870-3644) or heather.timothy@kimley-horn.com if you have any questions. Sincerely, Heather Timothy, P.E. Project Manager 24 LEGAL MEMORANDUM TO: Wyatt Pearson, Planning Director FROM: Brian J. Lubkeman, Esq. for Steven D. Briglia, Acting County Attorney RE: PROFFER STATEMENT AMENDMENT: RUTHERFORD CROSSING (Firestone Complete Auto Care Center project) DATE: July 18, 2025 Property: RUTHERFORD CROSSING STONEWALL MAGISTERIAL DISTRICT 43-A-100F Zoning: B2 to B3 Property Owner/Applicant: Rutherford Farm, L.L.C./Zaremba Group, L.L.C. Legal Questions: Sufficiency of Proffer Statement Amendment submitted by applicant. Response: The acting County Attorney’s Office has reviewed the proposed Proffer Statement Amendment (“PSA”), dated June 16, 2025, submitted by the applicant to the County. We are of the opinion that the PSA would generally be in a form to meet the requirements of the Frederick County Zoning Ordinance and applicable provisions of the Code of Virginia, and would be legally sufficient as a proffer statement when finalized, subject to the following comments: 1. The PSA contains a statement that “[a]ll other previously approved Proffers from RZ# 17-06 shall remain in effect.” We understand that the applicant was required to proceed through a rezoning process in connection with this application and that the majority of Rutherford Crossing has been developed. Accordingly, many (if 25 2 not most) of the commitments and requirements contained within the “Amended and Restated Proffer Statement Made As To The Rutherford Crossing Project” (revised through January 17, 2007 and approved by Ordinance dated January 24, 2007) have likely been satisfied. As this applicant is rezoning only a portion of Rutherford Crossing, it is recommended that any remaining proffers from RZ# 17-06 that are applicable to this application be specifically delineated, rather than the blanket statement included in the current version. Alternatively, the applicant might modify its statement to read that the previously approved Proffers from RZ# 17-06 shall remain in effect to the extent applicable to the Property. 2. A signature block meeting the requirements of law needs to be added to the PSA. It should contain a statement and affirmation by the applicant as follows: “The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in title and interest of the applicant and record owner of the Property. In the event the Frederick County Board of Supervisors grants the subject 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.” The statement and affirmation should be signed and notarized as applicable. C:/SDB/MEMO ProfferStatementAmendment Rutherford Crossing (Firestone) 07 18 2025 26 27 28 26 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: _____________________________ Telephone: __________________ Mailing Address: _________________________________________ _________________________________________ _________________________________________ Location of property: _________________________________________ _________________________________________ _________________________________________ Current zoning: ___________ Zoning requested: ____________ Acreage: _______ Frederick Water Comments: ___ The proposed rezoning of Parcel 43-A-100F from B2 to B3 does not appear to create any substantial increases in water and sewer service demands. Frederick Water provides no comment. ________________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ Frederick Water Signature & Date: ____________________6/30/2025________ Notice to Frederick Water - Please Return This Form to the Applicant 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. 29 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 July 16, 2025 Ms. Heather Timothy Kimley-Horn 1195 Democracy Drive 12th Floor Reston, Virgina 20190 RE: Rezoning – Firestone Complete Auto Center Dear Ms. Timothy: Upon review of the rezoning request dated June 19, 2025, we recommend approval of the subject plan. A comprehensive review shall be performed at the time of site plan submittal. Sincerely, Joe C. Wilder Director of Public Works JCW/kco cc: Planning and Development file 30 Heather, VDOT has reviewed the rezoning application for TM 43-A-100F, from B2 to B3 and and feel this change will not have a negative effect on the current transportation network. We support the rezoning application.7/9/202531 32 33 34 35 36 37 38 39 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2025 REAL ESTATE Dept/Ticket#RE2025 / 373730001 Frequency 1 Supplement#0 Name RUTHERFORD FARM LLC Map#43 A 100F Account#8046857 Name 2 C/O NV RETAIL MICHELLE WASSERM Bill Date 04/15/2025 Acreage 2.960 Address 8230 LEESBURG PIKE STE 620 Due Date 06/05/2025 Improvements $0.00 Desc LOT 1-B 2.96 ACRES Land Value $1,794,800.00 VIENNA VA Land Use $0.00 Zip 22182 2641 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/02/2025 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $4,307.52 ($4,307.52)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/15/2025 Charge 0 $4,307.52 $4,307.52 5/30/2025 Principal Paid 5642 ($4,307.52)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options 6/17/25, 11:19 AM Untitled Page https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/140 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Public Hearings Title: Rezoning #06-25 of Hara Properties LLC (D & M Container Service) - (Mrs. Feltner) Attachments: PC09-03-25_REZ06-25_Redacted.pdf 41 REZONING #06-25 HARA Properties LLC (D & M Container Service) Staff Report for the Planning Commission Prepared: August 22, 2025 Staff Contact: Amy L. Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: September 3, 2025 Action: Pending Board of Supervisors: September 24, 2025 Action: Pending Property Information Property Identification Number (PIN) 86-A-180 Address 1290 Fairfax Pike, White Post, VA Magisterial District Opequon Acreage +/- 13 acres Zoning & Present Land Use Zoning: M1 (Light Industrial) with Proffers Land Use: Residential (Vacant) Proposed Zoning M1 (Light Industrial) with modified Proffers Adjoining Property Zoning & Present Land Use North: RA (Rural Area) Land Use: Residential South: RA (Rural Area) Land Use: Vacant East: RA (Rural Area) Land Use: Residential West: RA (Rural Area) Land Use: Residential Proposed Use This is a request to rezone +/-13-acres from M1 (Light Industrial) Zoning Districts with proffers to M1 (Light Industrial) Zoning District with modified proffers for a Solid Waste Collection Facility. Positives Concerns Solid Waste Management was added as a permitted use. This was inadvertently left out with REZ #08-24. Clarification was added to reflect the additional regulations for specific use for Truck or Fleet Maintenance Facilities. 42 Page 2 of 3 Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) August 5, 2025 “VDOT is in support of the proposed revised rezoning proffer amendment dated 7.29.25”. Frederick-Health Department July 31, 2025 “This office has no objections to the proffer statement revision 7.22.25.” Frederick County Public Works August 8, 2025 “We offer no comment at this time.” Frederick County Fire Marshal August 9, 2025 “Future development shall comply with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety.” Planning & Zoning Staff Analysis: The previous rezoning application (REZ #08-24) was approved by the Board of Supervisors on November 13, 2024. The subject property was rezoned from an RA (Rural Area) Zoning District to M-1 (Light Industrial) Zoning District with proffers. This application seeks to amend the restricted uses contained within the proffer statement to include Solid Waste Management. Solid Waste Management was the initial intent of the rezoning but was unintentionally left out of the permitted uses listed in the proffers. Additional language was added to the Truck or Fleet Maintenance Facility use to incorporate additional requirements listed in the zoning ordinance under Part 204, Additional Regulations for Specific Use. 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 property within the “Route 277 Triangle – Centers of Economy” and having an “industrial” land use designation. The property is located in the Sewer and Water Service Area (SWSA) and outside the Urban Development Area (UDA). “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 43 Page 3 of 3 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 for areas that are well designated with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. Residential land uses are not envisioned in this area.” Transportation & Site Access: The transportation proffer statement remains unchanged and provides for 52.5’ right-of-way (ROW) reservation along Fairfax Pike and includes the multi-use pedestrian trail. The provision remains for a Traffic Impact Analysis (TIA) at the time of site plan for any uses generating more than 85 daily trips. Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (Revision Date 06/16/25) Staff Comment Proffer 1 – Transportation No comment. Proffer 2 - Fire and Rescue No comment. Proffer 3 – Land Use No comment. Following a public hearing, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this rezoning application. 44 ¬«277 86 A 180 1155HUDSONHOLLOW RD 260RIDINGS LN 280RIDINGS LN 201RIDINGS LN 201RIDINGS LN 1214FAIRFAXPIKE 1120FAIRFAXPIKE 1308FAIRFAXPIKE 1304FAIRFAXPIKE 1194FAIRFAXPIKE 1312FAIRFAXPIKE1250FAIRFAXPIKE 1256FAIRFAXPIKE 1176FAIRFAXPIKE 1164FAIRFAXPIKE 1237FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE 1195FAIRFAXPIKE 1201FAIRFAXPIKE 1207FAIRFAXPIKE 1217FAIRFAXPIKE 1227FAIRFAXPIKE 1165FAIRFAXPIKE 1175FAIRFAXPIKE 1185FAIRFAXPIKE 1147FAIRFAXPIKE 1247FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE FAIRFAX PIKE Application Parcels Sewer and Water Service A rea M1 (Light Industrial District) M2 (Industrial General Distr ict)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 13, 2025 H U D S O N H O L L O W R DLAKEVIEW CIRFAIRFAX PIKELINEDRAPRILAVE FORESTLAKE DRCEDARLN APPRENTICELNSPOTSWOOD CTRIDINGS LNWRIGHTSRUN LNWHITE OAK RD¬«277 0 330 660165 Feet REZ # 06 - 25: D and M Container ServicePIN: 86 - A - 180Proffer AmendmentZoning Map REZ #06-25 45 ¬«277 86 A 180 1155HUDSONHOLLOW RD 260RIDINGS LN 280RIDINGS LN 201RIDINGS LN 201RIDINGS LN 1214FAIRFAXPIKE 1120FAIRFAXPIKE 1308FAIRFAXPIKE 1304FAIRFAXPIKE 1194FAIRFAXPIKE 1312FAIRFAXPIKE1250FAIRFAXPIKE 1256FAIRFAXPIKE 1176FAIRFAXPIKE 1164FAIRFAXPIKE 1237FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE 1195FAIRFAXPIKE 1201FAIRFAXPIKE 1207FAIRFAXPIKE 1217FAIRFAXPIKE 1227FAIRFAXPIKE 1165FAIRFAXPIKE 1175FAIRFAXPIKE 1185FAIRFAXPIKE 1147FAIRFAXPIKE 1247FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE FAIRFAX PIKE Application Parcels Sewer and Water Service A rea µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 13, 2025 H U D S O N H O L L O W R DLAKEVIEW CIRFAIRFAX PIKELINEDRAPRILAVE FORESTLAKE DRCEDARLN APPRENTICELNSPOTSWOOD CTRIDINGS LNWRIGHTSRUN LNWHITE OAK RD¬«277 0 330 660165 Feet REZ # 06 - 25: D and M Container ServicePIN: 86 - A - 180Proffer AmendmentLocation Map REZ #06-25 46 ¬«277 86 A 180 1155HUDSONHOLLOW RD 260RIDINGS LN 280RIDINGS LN 201RIDINGS LN 201RIDINGS LN 1214FAIRFAXPIKE 1120FAIRFAXPIKE 1308FAIRFAXPIKE 1304FAIRFAXPIKE 1194FAIRFAXPIKE 1312FAIRFAXPIKE1250FAIRFAXPIKE 1256FAIRFAXPIKE 1176FAIRFAXPIKE 1164FAIRFAXPIKE 1237FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE 1195FAIRFAXPIKE 1201FAIRFAXPIKE 1207FAIRFAXPIKE 1217FAIRFAXPIKE 1227FAIRFAXPIKE 1165FAIRFAXPIKE 1175FAIRFAXPIKE 1185FAIRFAXPIKE 1147FAIRFAXPIKE 1247FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE FAIRFAX PIKE Application Parcels Sewer and Water Service A rea Long R ange Land Use Neighborhood Village Mixed Use Commercial/O ffice Industrial µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 13, 2025 H U D S O N H O L L O W R DLAKEVIEW CIRFAIRFAX PIKELINEDRAPRILAVE FORESTLAKE DRCEDARLN APPRENTICELNSPOTSWOOD CTRIDINGS LNWRIGHTSRUN LNWHITE OAK RD¬«277 0 330 660165 Feet REZ # 06 - 25: D and M Container ServicePIN: 86 - A - 180Proffer AmendmentLong Range Land Use Map REZ #06-25 47 48 49 50 51 7%05JTJOTVQQPSUPGUIFQSPQPTFESFWJTFESF[POJOHQSPGGFSBNFOENFOU EBUFE 8.5.2025 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code - (Mr. Pearson) Attachments: PC09-03-25_OA_TDR_TIA.pdf 70 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Planning Commission FROM: Wyatt Pearson, AICP, Director of Planning & Development SUBJECT: Ordinance Amendment – Transfer of Development Rights & Traffic Impact Analysis Standards Update DATE: August 26th, 2025 Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to clarify the Transfer of Development Rights (TDR) program’s receiving property criteria, transfer process, and development approval procedures. Additionally, staff proposes revising the adopted Traffic Impact Analysis (TIA) Standards to facilitate the use of a TIA in the consideration of TDR projects and other by right development This ordinance amendment was initiated by staff. Current Standard: The TDR ordinance sets out a number of criteria to qualify properties to receive TDR rights, how the transfer of rights is conducted, and how the eventual development is approved procedurally. The proposed changes would remove any ambiguity regarding which comprehensive planned land uses are appropriate as receiving areas by directly referencing them in the ordinance and associating them with the underlying zoning district. In order to provide clarity to potential program participants, the transfer process is proposed to be modified to allow for a contingent Master Development Plan to be processed and approved prior to transfer of rights onto the property. Additionally, a change to the development approval procedures includes a requirement to coordinate the development plans with the standards contained in the County’s adopted Area Plans to ensure that the projects are implemented in a manner that furthers implementation of the Comprehensive Plan. In 2009, the Board of Supervisors approved the attached Traffic Impact Analysis Standards as a means for clarifying when and how TIAs would be required and conducted. Since then, VDOT has updated Chapter 527 in a way that has largely deemed some of the references from the County’s policy irrelevant for by right development projects in the staff’s opinion. Therefore, staff recommend considering the attached changes to this policy alongside of this ordinance amendment to maintain the ability to require a TIA for by right development when appropriate and to require a TIA in the review of TDR projects. 71 August 26, 2025 Page 2 Summary & Requested Action: The Board of Supervisors discussed this item on July 9th, 2025, and recommended it go forward to the Committee for additional discussion and authorized scheduling for public hearing (TBD). The Development Review and Regulations Committee (DRRC) reviewed this proposal at their July 24th meeting and recommended approval as presented. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this ordinance amendment. Questions regarding the proposed amendment should be directed at staff. Attachments: 1.Draft Ordinance Amendment 2. 2025 Proposed Traffic Impact Analysis Standards 72 Frederick County, VA § 165-301.01 § 165-301.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 ARTICLE III Transfer Of Development Rights (TDR) Program PART 301 Establishment and Purpose [Added 4-28-2010] § 165-301.01. Purpose. Pursuant to the authority granted by §§ 15.2-2316.1 and 15.2-2316.2 of the Code of Virginia, there is established a transfer of development rights (TDR) program, the purpose of which is to transfer residential density from eligible sending areas to eligible receiving areas and/or transferee through a voluntary process for permanently conserving agricultural and forestry uses of lands and preserving rural open spaces, and natural and scenic resources. The TDR program is intended to supplement land use regulations, resource protection efforts and open space acquisition programs and encourage increased residential density where it can best be accommodated with the least impacts on the natural environment and public services by: A. Providing an effective and predictable incentive process for property owners of rural and agricultural land to preserve lands with a public benefit; and B. Implementing the Comprehensive Policy Plan by directing residential land uses to the Urban Development Area (UDA); and C. Providing an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving areas are processed in a timely way and balanced with other county goals and policies and are adjusted to the specific conditions of each receiving area. § 165-301.02. Applicability. [Amended 11-13-2013] The procedures and regulations in Article III of Chapter 165 shall apply to the transfer of development rights from land qualifying as sending properties to land qualifying as receiving properties and/or to a transferee. Land utilizing transferred development rights may be subdivided at an increased density above the base density specified by Tables 1 to 3 in § 165-302.03 in applicable receiving areas. All development utilizing transferred development rights shall conform to the guidelines contained in the Comprehensive Policy Plan. § 165-301.03. Right to transfer development rights; general provisions. A. A development right shall be transferred only by means of documents, including a covenant to which Frederick County is party and any appropriate releases, in a recordable form approved by the Director of Planning and Development or his designee. The covenant shall limit the future construction of dwellings on a sending property to the total number of development rights established by the zoning of the property minus all development rights previously transferred in accordance with this chapter, any development rights previously extinguished or limited as a result of a recorded covenant against the property, the number of development rights to be transferred by the proposed transaction, and the number of existing 73 Frederick County, VA § 165-301.03 § 165-301.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 single-family detached dwellings on the sending property. If a sending property contains no dwelling units, a development right equal to that for one single-family dwelling must be maintained for the property, except that for properties larger than 100 acres, one development right equal to that for one single-family dwelling must be maintained for each multiple of 100 acres, or fraction thereof, contained within the sending property. B. Each transferor shall have the right to sever all or a portion of the rights to develop from the parcel in a sending district and to sell, trade, or barter all or a portion of those rights to a transferee consistent with the purposes of § 165-301.01 so long as the conditions of § 165-301.03A are met. C. Any transfer of development rights pursuant to this chapter authorizes only an increase in maximum density and shall not alter or waive the development standards of the receiving district, nor shall it allow a use otherwise prohibited in a receiving district. D. Transfer of development rights shall not be available for the following: (1) Portions of lots owned by or subject to easements (including, but not limited to, easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines) in favor of governmental agencies, utilities and nonprofit corporations. (2) Land restricted from development by covenant, easement or deed restriction. E. Any transfer of development rights shall be recorded among the land records of Frederick County, Virginia. F. Value of transferable development rights. The monetary value of transferred development rights is completely determined between the seller and buyer. 74 Frederick County, VA § 165-302.01 § 165-302.02 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 PART 302 Sending and Receiving Properties § 165-302.01. Sending properties. A. For the purposes of this chapter, a sending property must be an entire tax parcel or lot qualified under § 165-302.01B of this section. Sending areas may only be located within the rural areas outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and zoned RA (Rural Areas), as described in the Comprehensive Policy Plan and the RA Zoning District of this chapter.1 A sending property shall be maintained in a condition that is consistent with the criteria in this section under which the sending was qualified. B. Qualification of a sending property shall demonstrate that the site contains a public benefit such that the preservation of that benefit by transferring residential development rights to another site is in the public interest, according to all of the following criteria: (1) Designated in the Comprehensive Policy Plan as Rural Area; (2) Designated on the Zoning Maps of Frederick County as being zoned RA (Rural Areas) and be located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); (3) Designated on the Sending Areas Map; (4) Comprised of at least 20 acres in size; and (5) Qualified for subdivision in accordance with Chapter 144 of the Frederick County Code, including, but not limited to, meeting all state road and access requirements. For TDR purposes, if the sending property consists of more than one parcel of land, at least one lot must meet all the subdivision requirements of Chapter 144; this lot shall be deemed the primary lot. Additional parcels that do not meet the subdivision requirements but are contiguous to the primary lot may be added to the sending property, if they are all under common ownership. For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed. [Amended 11-13-2013] C. If a sending property has any outstanding code violations and/or unpaid taxes, the owner shall resolve these violations, including any required abatement, restoration, or payment of penalties or taxes, before the property may be qualified as a sending property in the transfer of development rights program. § 165-302.02. Receiving properties. A. Except as provided in Subsections B and C of this section, in order to be eligible as a receiving property, a property must be: (1) Located in one of the following zoning districts: 1. Editor's Note: See Art. IV, Agricultural and Residential Districts, Part 401, RA Rural Areas District. 75 Frederick County, VA § 165-302.02 § 165-302.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 (a) RP (Residential Performance) District; or (b) R4 (Residential Planned Community) District; and identified in the Frederick County Comprehensive Plan as Planned Unit Development; oror (c) RA (Rural Areas) District; and identified in the Frederick County Comprehensive Policy Plan as Residential, Urban Center, or Neighborhood Village; and (2) Designated on the Receiving Areas Map; (3) Served by public water and public sewer; (4) Served by state-maintained roads or have the ability to utilize private roads in the RP District as permitted by Chapter 165 or Chapter 144; (5) Located within the Urban Development Area (UDA) or a designated and defined Rural Community Center as identified in the Comprehensive Policy Plan; and (6) Identified in the Frederick County Comprehensive Policy Plan for residential land uses. B. A property is not eligible as a receiving property if the transfer of development rights to the property would adversely impact regionally or locally significant historical resources or naturally sensitive areas as specified in the Comprehensive Policy Plan. C. A property is not eligible as a receiving property if the property is located within the airport support area as identified by the Comprehensive Policy Plan. D. If a receiving property has any outstanding code violations and/or unpaid taxes, the owner shall resolve these violations, including any required abatement, restoration, or payment of penalties or taxes, before the property may be qualified as a receiving property in the transfer of development rights program. E. A receiving property may accept development rights from one or more sending properties, up to a maximum density specified in Tables 1 to 3 in § 165-302.03. [Amended 11-13-2013] § 165-302.03. Calculation of development rights. A. The number of residential development rights that a sending property is eligible to send to a receiving property and/or transferee shall be determined by applying the sending property base density established in Subsection C of this section to the area of the sending property after deducting all the following: (1) Development rights previously transferred in accordance with this chapter; (2) Development rights previously extinguished or limited as a result of a recorded conservation easement or similar covenant against the property; (3) The number of existing single-family dwellings on the sending property; (4) The amount of any submerged land (i.e., lakes, ponds, streams), floodplains, and steep slopes as determined by Frederick County GIS data. (5) The amount of any land contained within easements (including, but not limited to, easements of roads, railroads, electrical transmission lines, gas or petroleum pipelines) 76 Frederick County, VA § 165-302.03 § 165-302.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 in favor of governmental agencies, utilities and nonprofit corporations. B. If a sending property contains no dwelling units, a development right equal to that for one single-family dwelling must be maintained for the property. Properties with over 100 acres shall be required to retain the number of development rights required in accordance with § 165-301.03A. C. For the purposes of calculating the amount of development rights a sending property can transfer, the square footage or acreage of land contained within a sending property shall be determined by a valid recorded plat or survey, submitted by the applicant property owner and that has been prepared and stamped by a land surveyor licensed in the Commonwealth of Virginia. D. For the purposes of the transfer of development rights program only, sending sites zoned RA (Rural Areas) shall have a base density of one dwelling unit per five acres for transfer purposes. E. Any fractions of development rights that result from the calculations in Subsection A of this section shall not be included in the final determination of total development rights available for transfer. F. Development rights from one sending property may be allocated to more than one receiving property and/or transferee and one receiving property and/or transferee may accept development rights from more than one sending property. G. The determination of the number of residential development rights a sending property has available for transfer to a receiving property and/or transferee shall be documented in a TDR letter of intent to issue a transfer of development rights certificate issued by the Director of Planning and Development or his designee, pursuant to the provisions of § 165-302.05 of Chapter 165, and shall be considered a final determination, not subject to revision. Such a determination shall be valid only for purposes of the transfer of development rights program and for no other purpose. Any changes to the proposed sending property shall void any issued letters of intent. H. A sending property transferee may extinguish TDR density rights, sever and hold TDR density rights, sever and sell TDR density rights, or apply TDR rights to a receiving property in a receiving district in order to obtain approval for development at a density greater than would otherwise be allowed on the land in the receiving district, up to the maximum density or intensity outlined in the table below. [Amended 11-13-2013] 77 Frederick County, VA § 165-302.03 § 165-302.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 Table 1 Maximum Density Allowed in Zoning Districts Through Transfer of Development Rights (TDR) Program Zoning District and Land Use Property Size (acres) Maximum Density in Dwelling Units per Acre Without TDRs Maximum Density for Dwelling Units per Acre with TDR Transfers RA (Rural Areas) RA receiving property 1 unit per 5 acres Density for qualified RA receiving properties in the UDA shall be consistent with the allowable RP density utilizing TDRs (see below) RA (Rural Areas) *For designated rural community centers RA receiving property 1 unit per 5 acres 1 unit per acre in designated rural community centers served by community septic systems RP (Residential Performance) *Density by parcel size for all other housing types and developments with mixed housing types *See § 165-402.05 for maximum percentage of multifamily housing. 0 to 10 10.1 to 25 25.1 to 50 50.1+ 10 6 6 6 15 10 10 10 RP (Residential Performance) Multifamily residential buildings and Age-Restricted multifamily N/A 20 24 Garden apartments 10 15 Townhouse (single- family attached) 10 15 78 Frederick County, VA § 165-302.03 § 165-302.03 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 Table 1 Maximum Density Allowed in Zoning Districts Through Transfer of Development Rights (TDR) Program Zoning District and Land Use Property Size (acres) Maximum Density in Dwelling Units per Acre Without TDRs Maximum Density for Dwelling Units per Acre with TDR Transfers R4 (Residential Planned Community) >100 4 10 I. TDR density rights may be converted to bonus density rights by an increase in the residential density on the receiving property, based on the conversion factors in the table below. [Amended 11-13-2013] Table 2 Maximum Density Allowed in Zoning Districts Through Transfer of Development Rights (TDR) Program Designated Sending Area Each Transferred Density Right May Be Converted to This Bonus Density in the Receiving Area Sending Area No. 1 1 density right = 2 dwelling units Sending Area No. 2 1 density right = 1.5 dwelling units Sending Area No. 3 1 density right = 1 dwelling unit (1) Allowable sending area bonus density remains subject to the maximum density provisions outlined in Table 1 of § 165-302.03H. (2) If properties located in Sending Area No. 1 (designated Agricultural and Forestal District) that have transferred bonus density rights are subsequently withdrawn from the designated sending area (the designated Agricultural and Forestal District), the total number of density rights transferred, including bonus density rights, shall be counted against any future subdivision ability of the property. (3) When TDR density rights are applied to a receiving property, the density right to housing type conversion rate shall be outlined in the table below. Such density conversions shall be demonstrated on the master development plan for the receiving property. 79 Frederick County, VA § 165-302.03 § 165-302.05 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 Table 3 TDR Density Right Conversion Rate Housing Type Conversion Rate Single-family 1 TDR density right = 1 dwelling unit Single-family attached 1 TDR density right = 1.5 dwelling units (*all fractions must be rounded down) Multifamily 1 TDR density right = 1.75 dwelling units (*all fractions must be rounded down) § 165-302.04. TDR sending property development limitations. A. Following the transfer of residential development rights, a sending property that has retained part of its development rights may subsequently accommodate remaining residential dwelling units on the sending property consistent with the requirements of the RA (Rural Areas) District and all requirements of the Frederick County Code. A sending property that has retained part of its development rights may also transfer the remainder of the eligible rights through the transfer of development rights program. B. On sending properties with environmental features as outlined in § 165-302.03A, the development rights shall be severed from the areas outside of the specified environmental features. If development rights are retained on the sending property, future subdivision of the parcel cannot occur on the areas where development rights have already been severed. C. The limitations in this section shall be included in a deed covenant applicable to the sending property. § 165-302.05. Sending property certification. A. The Director of Planning and Development or his designee shall be responsible for determining that a proposed sending property meets the qualifications of § 165-302.01. The Director of Planning and Development or his designee shall render a determination or denial under this subsection within 60 days of the date of submittal of a completed sending property determination application. If the determination is that a property meets the qualifications of § 165-302.01, the Director of Planning and Development or his designee shall issue the determination in the form of a letter of intent to issue a transfer of development rights certificate. A letter of intent issued under this subsection shall be valid until the development rights are severed and extinguished through the transfer process or unless applicable zoning changes are approved that would affect the sending property or unless the property is developed. B. Determinations of sending property qualifications under Subsection A of this section are appealable to the Board of Supervisors by filing a notice of appeal with the Director of Planning and Development or his designee within 30 days of the date of the determination. C. The Director of Planning and Development shall be responsible for maintaining permanent 80 Frederick County, VA § 165-302.05 § 165-302.05 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 records of action taken pursuant to the transfer of development rights program under this Article III of Chapter 165, including records of letters of intent issued, certificates issued, deed restrictions and covenants known to be recorded, and development rights retired, otherwise extinguished, or transferred to specific properties and/or transferees. D. Responsibility for preparing a completed application for a determination that a proposed sending property meets the qualifications of § 165-302.01 rests exclusively with the applicant/property owner. An application for a transfer of development rights to issue a transfer of development rights letter of intent shall contain: (1) A certificate of title for the sending property prepared by an attorney admitted to practice law in the Commonwealth of Virginia; (2) Five copies of a valid recorded plat or survey of the proposed sending parcel and a legal description of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; (3) A plan showing the existing and proposed dwelling units and any areas already subject to a conservation easement or other similar encumbrance; (4) A completed density calculation worksheet for estimating the number of available development rights; (5) The application fee as set forth in the development review fees adopted by the Board of Supervisors; and (6) Such additional information required by the Director of Planning and Development or his designee as necessary to determine the number of development rights that qualify for transfer. E. A transfer of development rights letter of intent issued by the Director of Planning and Development or his designee shall state the following information: (1) The name of the transferor; (2) The name of the transferee, if then known; (3) A legal description of the sending property on which the calculation of development rights is based; (4) A statement of the size, in acres, of the sending property on which the calculation of development rights is based; (5) A statement of the number of development rights, stated in terms of number of dwelling units, eligible for transfer; (6) If only a portion of the total development rights is being transferred from the sending property, a statement of the number of remaining development rights, stated in terms of number of dwelling units, remaining on the sending property; (7) The date of issuance; 81 Frederick County, VA § 165-302.05 § 165-302.06 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 (8) The signature of the Director of Planning and Development or his designee; and (9) A serial number assigned by the Director of Planning and Development or his designee. F. No transfer of development rights under this article shall be recognized by Frederick County as valid unless the instrument of transfer contains the transfer of development rights certificate issued under this section. § 165-302.06. Instruments of transfer. A. An instrument of transfer of development rights shall be reviewed and approved as to the form and legal sufficiency by the County Attorney and, upon such approval, the County Attorney shall notify the transferor or his or her agent, who shall record the instrument with the Clerk of the Circuit Court and shall provide a copy to the Commissioner of the Revenue. An instrument of transfer of development rights shall conform to the requirements of this section and shall contain the following: (1) The names of the transferor and the transferee; (2) A legal description and plat of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; (3) The transfer of development rights certificate described in § 165-302.03G; (4) A covenant indicating the number of development rights remaining on the sending property and stating that the sending property may not be subdivided to or developed to a greater density than permitted by the remaining development rights; (5) A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, assigns, and successors a specific number of development rights from the sending property to a receiving property and/or a transferee; (6) A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights being transferred; and (7) A covenant that all provisions of the instrument of transfer of development rights shall run with and bind the sending property and may be enforced by Frederick County. B. An instrument of transfer of development rights shall be recorded prior to release of development permits, including building permits, for the receiving property. 82 Frederick County, VA § 165-303.02 § 165-303.02 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 PART 303 Transfer Process and Development Procedures § 165-303.01. Transfer process. Development rights shall be transferred using the following process: A. Following approval of the sending property determination application and issuance of the letter of intent as described in § 165-302.05, the Director of Planning and Development or his designee shall issue the transfer of development rights certificate, agreeing to a transfer of development rights in exchange for the proposed sending property deed covenant to which Frederick County is a party. If a sending property with a transfer of development rights certificate changes ownership, the certificate may be transferred to the new owner if requested in writing to the Department of Planning and Development by the person(s) that owned the property when the certificate was issued, provided that the documents evidencing the transfer of ownership are also provided to the Department of Planning and Development. B. In applying for receiving property or receiving person approval, the applicant shall provide the Department of Planning and Development with one of the following: (1) A transfer of development rights certificate issued in the name of the applicant; (2) A transfer of development rights certificate issued in the name of another person or persons and a signed option to purchase those TDR sending property development rights; or (3) A transfer of development rights certificate issued in the name of the applicant or another person(s) and a copy of a signed option to purchase those TDR sending property development rights. C. The receiving property applicant and/or transferee may elect to submit a Master Development Plan and receive approval of the same, if compliant with County Code, contingent upon the final transfer of development rights. C.D. The receiving property applicant and/or transferee shall deliver the documentation outlined in § 165-303.01B for the number of TDR development rights being severed or transferred and the TDR extinguishment document to the County. D.E. Development rights from a sending property shall be considered transferred to a receiving property and/or a transferee and extinguished when the extinguishment document for the sending property has been recorded. § 165-303.02. Development approval procedures. A. A request to utilize transferred development rights on an eligible receiving property must be in the form of a Master Development Plan and a Subdivision Design Plan submitted to the Department of Planning and Development in accordance with the Zoning and Subdivision of Land regulations contained in Chapters 165 and 144 of the County Code. A. Any proposed development utilizing transferred development rights will comply with the standards contained within the County’s Area Plans as adopted in the Frederick County Comprehensive Plan for the receiving area in which the development shall occur. This may include but is not limited to the dedication of rights of way for future planned roads 83 Frederick County, VA § 165-303.02 § 165-303.02 Downloaded from https://ecode360.com/FR1364 on 2025-06-11 and trail systems, or their construction if warranted via the Traffic Impact Analysis (TIA). B. All subdivisions for receiving properties zoned RA (Rural Areas) utilizing development rights shall be subject to the same requirements as property zoned RP (Residential Performance) and shall not qualify for the standards specified in § 144-31 of the Frederick County Code B.C. A final recorded plat for a subdivision using transferred development rights shall contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of the conveyance required by § 165-302.06. 84 Traffic Impact Analysis Standards Proposed for consideration September 3rd, 2025 A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the opportunity to assess the impact of a proposed development. The TIA should provide sufficient information to allow this assessment to take place. Any application that includes a TIA, which does not meet the standards herein, shall not be considered complete. When a TIA is required Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 regulations shall require a TIA. Additionally, Frederick County may choose to require a TIA under the following scenarios: 1. All rezonings will require a TIA unless waived by Planning Staff. 2. Any other proposed action that has not been previously approved by the County and is expected to generate 100 or more residential vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak hour, where a TIA has not been completed for a similar or greater trip generation unless waived by Planning Staff. Additionally, staff may require a TIA on corridors experiencing significant congestion or safety concerns. 3. A change in use that has not been previously approved by the County and, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel times resulting in an unstudied impact on the transportation system as determined by VDOT or the County unless waived by Planning Staff. Process and Report Requirements 1. When seeking to waive the TIA requirement, a request shall be submitted in writing to Planning Staff. Staff may request additional information such as trip generation or other data which will be used to determine whether the project requires a TIA. Staff may also request a lower level of analysis than a full TIA if warranted. 2. All TIA’s will be required to undergo a formal scoping meeting with VDOT and County Staff. The applicant shall be responsible for scheduling the scoping meeting. 3. Regardless of application type (ie Rezoning, Master Plan, Site Plan, Subdivision Plan, etc), TIA’s shall be conducted in accordance with guidelines set forth in VDOT’s Administrative Guidelines for the Traffic Impact Analysis Regulations and 24 VAC 30-155. 85 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Action Item Title: 2232 Policy - (Mr. Bishop) Attachments: PC09-03-25_2232Policy_Review.pdf 86 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Planning Commission FROM: John A. Bishop, AICP, Assistant Planning Director SUBJECT: Policy Adoption – 2232 Review DATE: August 27th, 2025 Proposal: This is a draft policy for the consistent management of items required for review under VA §15.2- 2232. § 15.2‑2232(A): "Once a local planning commission recommends a comprehensive plan and it is approved and adopted by the governing body, the plan controls the general or approximate location, character and extent of each feature shown on the plan. If a proposed public facility… is not already a feature shown on the plan, then the proposal must be submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan." Current Standard: The County does not currently have a formally adopted Policy for reviewing these items, likely due to the fact that they do not frequently arise. Previously, these have been processed via an unwritten policy which largely reflects that attached proposal. The most recently completed 2232 Review was done in 2011. Summary & Requested Action: This is a Staff recommended adoption of policy governing the review of items that fall under VA § 15.2-2232. Adoption of this policy will provide for consistency in handling 2232 items and provide applicants with a clear understanding of process and expectations. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors regarding this policy adoption. Questions regarding the proposed amendment should be directed at staff. Attachments: 1. Draft 2232 Policy 87 Frederick County Planning Department: Draft Policy for § 15.2- 2232 Reviews 1. Legal Basis: Virginia Code § 15.2‑2232 § 15.2‑2232(A): "Once a local planning commission recommends a comprehensive plan and it is approved and adopted by the governing body, the plan controls the general or approximate location, character and extent of each feature shown on the plan. If a proposed public facility… is not already a feature shown on the plan, then the proposal must be submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan." Explanation: This provision requires localities to review most new public facilities—including those developed by public utilities or agencies—to determine whether they conform to the location, character, and extent anticipated by the Comprehensive Plan. 2. Applicability This policy applies to proposed public facilities including but not limited to: - Frederick County government - Public institutions or agencies - Public service corporations (e.g., telecom, electric, gas) - Utility providers (e.g., water/sewer authorities) Examples include: - Roads, libraries, parks, fire stations - Water and sewer infrastructure - Utility towers or substations - Public buildings and administrative facilities 3. Exemptions The following projects are exempt from 2232 review: a. Routine Utility Maintenance - Service extensions, upgrades, and repairs that do not alter the general location or extent of the facility. b. Facilities Already Clearly Identified in the Comprehensive Plan - Projects that are mapped or described in detail in the Comprehensive Plan and consistent with their identified character and location. c. Frederick Water Projects within the Sewer and Water Service Area (SWSA) 88 - New or modified water/sewer infrastructure located entirely within the SWSA is exempt from 2232 review. d. Frederick County Public Schools (FCPS) Projects - All new or expanded FCPS facilities are exempt, provided: • The facility is located on a site designated for educational use in the Comprehensive Plan or listed as a project on the CIP, or e. Telecommunication Towers -The approval of a Conditional Use Permit to allow for a telecommunication tower to be constructed and operated shall establish the location as meeting the intent of the 2232 review process. 4. Pre-Application Meeting Applicants shall request a pre-application meeting with Planning Department staff to: • Confirm whether the proposal is exempt • Clarify application requirements • Meetings can be scheduled in person, by phone, or virtually. 5. Submission Procedure For non-exempt projects, applicants must submit the following by mail or email: • Cover letter requesting § 15.2-2232 review • Narrative explaining: o Proposed use and need o General location, character, and extent o Analysis of Comprehensive Plan consistency • Concept plan or site layout • Supporting documents (studies, reports, assessments, etc.) 6. Referral and Staff Review Process 1. Planning staff reviews the submission for completeness (within 15 business days). 2. Staff prepares a recommendation and places the item on the Planning Commission agenda. 7. Planning Commission Review At the public hearing: • Staff presents findings and recommendation. 89 • Applicant may provide testimony. • The Commission determines whether the proposal is substantially in accord with the Comprehensive Plan. Outcomes: • Approval (substantial accord) • Denial (not in accord) • Deferral (additional info needed) 8. Appeals • If the Planning Commission fails to act within 60 days, the application is deemed approved (unless the applicant requests an extension in writing). • Appeals may be filed with the Board of Supervisors within 10 days of the Commission’s decision. • The Board must act on appeals within 60 days of the appeal being filed. 9. Estimated Timeline Step Timeframe Completeness Review 15 business days Staff Report & Hearing Prep 2–3 weeks Planning Commission Hearing Twice a Month Appeal Filing Window Within 10 days of decision Board of Supervisors Action Within 60 days of appeal 10. Submission Contact Frederick County Department of Planning and Development 90 Planning Commission Agenda Item Detail Meeting Date: September 3, 2025 Agenda Section: Other Title: Current Planning Applications Attachments: 91