HomeMy WebLinkAbout040-25 (RezHARAPropertiesLLC(D&MContainerServices)) r �
ORDINANCE
4 yl IM1`LLA' j 3
Action:
PLANNING COMMISSION: September 3, 2025 Recommended Approval
BOARD OF SUPERVISORS: September 24, 2025 Ado;ited
AMENDING THE ZONING DISTRICT MAP
REZONING 06-25 FOR HARA PROPERTIES LLC
(D &M CONTAINERS)
WHEREAS,REZONING 06-25 for HARA PROPERTIES LLC(D &M Containers)was submitted to rezone
13+/-acre parcel from M1 (Light Industrial)with proffers to M1 (Light Industrial)with modified proffers to allow
solid waste collection limited to roll-off container services. The property is located at 1290 Fairfax Pike and
identified by Property Identification Number 86-A-180 in the Opequon Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on September 3,
2025,and recommended approval; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on September 24,2025;and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest
of the public health,safety,and welfare,and in conformance with the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of
the Frederick County Code,Zoning,the Zoning District Map is amended in accordance with Rezoning 06-25 Hara
Properties LLC (D & M Containers) to 13+/- acre parcel from M1 (Light Industrial) with proffers to M1 (Light
Industrial) with modified proffers to allow solid waste collection limited to roll-of container services. The
conditions voluntarily proffered in writing by the Applicant and the Property Owners are attached.
This ordinance shall be in effect on the date of adoption.
Passed this 241'day of September 2025 by the following recorded vote:
Chairman's Seat Vacant John Jewell Aye
Gainesboro Seat Vacant Robert W.Wells Aye
Blaine P. Dunn Aye Robert Liero Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L.Bollhoefer
Frederick County A mistrator
No.040-25
REZONING#06-25
HARA Properties LLC (D & M Container Service)
Staff Report for the Board of Supervisors
Prepared: September 12,2025
Staff Contact:Amy L. Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 3, 2025 Action: Recommended Approval
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 O e uon
Acreage +/- 13 acres
Zoning &Present Land Use Zoning: M1 (Light Industrial)with Proffers
Land Use: Residential Vacant
Proposed Zoning Ml (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 MI (Light Industrial)Zoning District with modified proffers for a Solid Waste
Collection Facility.
Positives Concerns
Solid Waste Collection limited to roll off
container service was added as permitted use. None
This was inadvertently left out with REZ 908-
24.
Clarification was added to reflect the
additional regulations for specific use for
Truck or Fleet Maintenance Facilities.
Page 2 of 3
Review Agency Comments:
Review Agency Comment Comment Summary Status
Date
Virginia August 5, "VDOT is in support of the proposed
Department of 2025 revised rezoning proffer amendment
Transportation dated 7.29.25".
(VDOT)
Frederick-Health July 31, "This office has no objections to the
Department 2025 proffer statement revision 7.22.25."
Frederick County August 8, "We offer no comment at this time."
Public Works 2025
Frederick County August 9, "Future development shall comply
Fire Marshal 2025 with the Frederick County Fire
Prevention Code and other applicable
codes pertaining to life safety."
Planning & Zoning Staff Analysis:
The previous rezoning application (REZ 908-24) 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.The Planning Commission recommended revising Solid Waste
Management to Solid Waste Collection limited to Roll-Off Container Services. The proffers were
revised to reflect this change.
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).
Page 3 of 3
"The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial
and industrial opportunity that is fully supportive of the Frederick County Economic Development
Authority's targeted goals and strategies. The intent of the mixed-use designation is to further
enhance the County's commercial and industrial areas and to provide focus to the County's future
regional employment centers. In specific areas a mix of flexible uses,with office uses in prominent
locations is encouraged. Such areas are supported by substantial areas of industrial and
commercial opportunity and provide 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 Analvsis:
Proffers Staff Comment
(Revision Date 06/16/25)
Proffer 1 —Transportation No comment.
Proffer 2 - Fire and Rescue No comment.
Proffer 3 —Land Use No comment.
Planning Commission Summary &Action from the 09/03/25 Meeting
The Planning Commission held a public hearing on September 3,2025. The Planning Commission
discussed concerns with the types of materials and accumulation of waste material on site, as well
as the typical daily business operations. The applicant explained that it is not the intent of the
applicant to store waste materials on site except on rare occasions when late evenings prevent
delivery to the landfill. The applicant explained that the containers would then be transported to
the landfill once the landfill has reopened. The Planning Commission discussed the additional
permitted uses that would be allowed with an umbrella of Solid Waste Management and
recommended a limitation of Solid Waste Collections limited to Roll-off Container Services only
and to further prohibit the property from being utilized as any waste transfer station. The applicant
had no objections to this modification.
The Planning Commission voted 12-0 to recommend approval of the proposed rezoning
(Commissioner Markert& Kerns absent).
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
Rezoning application
REZ # 06 - 25: D and M Container Service
PIN: 86 - A - 180
Proffer Amendment
Zoning Map
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REZ # 06 - 25: D and M Container Service
PIN: 86 - A - 180
Proffer Amendment
Location Map
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D&M Container Proffer Statement
PROFFER STATEMENT
REZONING: RZ.#: RA Rural Areas District (+/- 13.0 acres) to M1 Light Industrial
District (+/-13.0 acres)
PROPERTY: 13.0 Acres +/-
Tax Map Parcel 86-A-180 (the "Property")
RECORD OWNER: Jimmy A Johnson Et Als
APPLICANT: D &M Container Service (the "Owner")
PROJECT NAME: D &M Container
ORIGINAL DATE
OF PROFFERS: April 19,2024
REVISION DATE(S): Revised July 8, 2024, Revised September 4, 2024, Revised September 13,
2024,Revised September 25,Revised November 18, 2024,Revised August 13,
2025, Revised September 10, 2025
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions, which shall
supersede all other proffers that may have been made prior hereto. In the event that the above referenced
M1 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be
deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning
of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the
last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting
the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the
Owner elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which has not
been appealed, or,if appealed,the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or reference only
and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers.
The improvements proffered herein shall be provided at the time of development of that portion of the
Property adjacent to or including the improvement or other proffered requirement, unless otherwise
specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners
and successors in interest.
1. TRANSPORTATION:
1.1 The Owner shall reserve additional right-of-way along Fairfax Pike to construct future road
frontage improvements. The reservation will locate the new Route 277 Fairfax Pike right-
of-way line 52.5' from the centerline of the existing roadway fronting the subject property.
Said right of way shall be dedicated within 90 days of receiving written notice from
Frederick County.
Page 1 of 44
D M Container Proffer Statement
1.2 If the Applicant elects to develop the M1 Property with any permitted use that results in a
higher net new trip generation from the Property than the proposed 85 daily trips (ADP)
shown in the "General Development Plan", prepared by Pennoni Associates Inc, dated
June 28, 2024 (the "GDP"), then as part of any conditional use permit or site plan approval
process for those uses, the Applicant shall submit a Traffic Impact Analysis (TIA) to the
County and the Virginia Department of Transportation ("VDOT"). Subject to County and
VDOT acceptance of the submitted TIA, and the Applicant shall mitigate any additional
impacts caused by such additional trips.
1.3 In determining whether the uses collectively have an increased traffic impact for purposes
of Proffer 1.2, the Applicant may use actual traffic counts for then existing uses on the
Property in lieu of the estimates that were employed in the TIA, for determining
background traffic at the time of site plan submission.
2. FIRE AND RESCUE
2.1 The Owner shall contribute to the Board the sum of$0.10 per square foot of gross floor
area for fire and rescue purposes, payable upon the issuance of a building permit for each
structure.
3. LAND USE
3.1 The primary use intended for the subject property is for Solid Waste Collection Roll off
container service and ancillary uses. Solid Waste Transfer Stations are excluded.
3.2 M1- Light Industrial land uses are proposed in two (2) phases and shall be in general
conformance with the "General Development Plan", prepared by Pennoni Associates Inc,
dated June 28,2024.
3.3-2 The existing residential structure may be converted to a business use and will be allowed to
remain as an existing nonconforming structure at time of Right-of-Way dedication.
Building gross square footage expansion will not be allowed for the existing non-
conforming structure. All other future building construction and site improvements shall
conform to current zoning requirements at time of permitting.
3.43 Existing on-site well and drainfield facilities shall meet current Health Department design
requirements and standards for the proposed business use. Necessary facility upgrades shall
be required to be in place at time of building occupancy.
3.54 The owner shall restrict the property to the following allowed M1 land uses:
• Solid Waste Management- roll of container service and ancillary uses. A waste
transfer station is not an allowed land use.
• Landscape and Horticultural Services
• Offices and Storage Facilities for Building Construction Contractors, Heavy
Construction Contractors and Special Trade Contractors
Page 2 of 44
D M Container Proffer Statement
• Professional, Scientific and Technical Services, including Business Offices not
providing services to the general public on a primary basis.
Business, Professional, Labor, Political and Similar Orgg
• anizationfttti�s
• Public Administration and Government Support Buildings including Fire and
Ambulance Services
• Public Utilities
• Truck or Fleet Maintenance Facilities as allowed under Part 204 Additional
Regulations for Specific Uses and in accordance with Section 165-204.21 Truck or
fleet maintenance facilities and truck rental and leasing,without drivers
• Self-Service Storage Facilities
• Flex-Tech
3.6-5 Conditional M1 land uses shall require a separate Conditional Use Permit Application. The
owner shall restrict the property to the following conditional M1 land uses:
• Tractor Truck and Tractor Truck Trailer Parking
3.74 Hours of operations shall be limited to 6 am to 8 pm Monday through Saturday. Any repair
and servicing operations shall be limited to the hours of 7 am to 5 pm.
3.8,1 100% of the building faQades facing Route 277 Fairfax Pike shall be constructed to contain
one or a combination of the following: cast stone, stone, brick, architectural block, glass,
wood, dry vit, or stucco. The proposed materials will be submitted to the county for
review, comment, and approval during the permitting process.
3.94 10' Landscape screen along the frontage of Rt 277 Fairfax Pike with a minimum
landscaping density of three plants per 10 linear feet. The buffer shall consist of a
combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees
shall be planted at a minimum of one-and-one-quarter-inch caliper, evergreen trees shall be
a minimum of four feet in height, and shrubs shall be 18 inches in height at time of
planting.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 44
D&M Container Proffer Statement
Respectfully submitted,
D &M Waste Solutions,LLC dba D &M Container Service
By:
Jeffrey Scott Hedrick
Title: Co-Owner
STATE OF VIRGINIA,AT LARGE
FREDERICK COUNTY,To-wit:
The foregoing instrument was acknowledged before me this day of , 2024, by
Jeffrey Hedrick co-owner of D & M Waste Solutions, LLC dba D & M Container Service, a Virginia
corporation, on behalf of the corporation.
Notary Public
Registration Number:
My Commission Expires:
D &M Waste Solutions,LLC dba D &M Container Service
By:
Rebecca Lynn Hedrick
Title: Co-Owner
STATE OF VIRGINIA,AT LARGE
FREDERICK COUNTY,To-wit:
Page 4 of 44
D&M Container Proffer Statement
The foregoing instrument was acknowledged before me this day of ,2024,by
Rebecca Hedrick, co-owner of D &M Waste Solutions,LLC dba D &M Container Service,a Virginia
corporation, on behalf of the corporation.
Notary Public
Registration Number:
My Commission Expires:
Page 5 of 44
D c _l Container Pro fer.Statezuent
PROFFER STATEMENT
REZONING: RZ.#: RA Rural Areas District (+/- 13.0 acres) to M1 Light Industrial
District (+/-13.0 acres)
PROPERTY: 13.0 Acres +/-
Tax Map Parcel 86-A-180 (the "Property")
RECORD OWNER: Jimmy A Johnson Et Als
APPLICANT: D &M Container Service (the "Owner")
PROJECT NAME: D &M Container.
ORIGINAL DATE
OF PROFFERS: April 19, 2024
REVISION DATE(S): Revised July 8, 2024, Revised September 4, 2024, Revised September 13,
2024,Revised September 25, Revised November 18, 2024, Revised August 13,
2025,Revised September 10, 2025
The undersigned hereby proffers that the use and development of the subject property
("Property''), as described above, shall be in strict conformance with the following conditions, which shall
supersede all other proffers that may, have been made prior hereto. In the event that the above referenced
M1 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be
deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning
of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the
last day upon which the Frederick Count}' Board of County Supervisors (the "Board") decision granting
the rezoning may, be contested in the appropriate court. If the Board's decision is contested, and the
Owner elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry: of a final court order affirming the decision of the Board which has not
been appealed, or,if appealed, the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or reference only
and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers.
The improvements proffered herein shall be provided at the time of development of that portion of the
Property- adjacent to or including the improvement or other proffered requirement, unless otherwise
specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners
and successors in interest.
1. TRANSPORTATION:
1.1 The Owner shall reserve additional right-of-ways along Fairfax Pike to construct future road
frontage improvements. The reservation will locate the new Route 277 Fairfax Pike right-
of-way line 52.5' from the centerline of the existing roadway fronting the subject property.
Said right of way shall be dedicated within 90 days of receiving written notice from
Frederick County.
Page 1 of 4
D e AI Container Proffer.Statement
1.2 If the Applicant elects to develop the N-11 Property with any permitted use that results in a
higher net new trip generation from the Property- than the proposed 85 daily trips (ADP)
shown in the "General Development Plan", prepared by, Pennoni Associates Inc, dated
June 28, 2024 (the "GDP"), then as part of am- conditional use permit or site plan approval
process for those uses, the Applicant shall submit a Traffic Impact Analysis (TL A) to the
County and the Virginia Department of Transportation ("N'DOT"). Subject to County and
VDOT acceptance of the submitted TIA, and the Applicant shall mitigate any additional
impacts caused by such additional trips.
1.3 In determining whether the uses collectively have an increased traffic impact for purposes
of Proffer 1.2, the Applicant may use actual traffic counts for then existing uses on the
Property in lieu of the estimates that were employed in the TIA, for determining
background traffic at the time of site plan submission.
2. FIRE AND RESCUE
2.1 The Owner shall contribute to the Board the sum of$0.10 per square foot of gross floor
area for fire and rescue purposes, parable upon the issuance of a building permit for each
structure.
3. LAND USE
3.1 The primary use intended for the subject property is for Solid Waste Collection Roll off
container service and ancillary-uses. Solid Waste Transfer Stations are excluded.
3.2 Ml- Light Industrial land uses are proposed in two (2) phases and shall be in general
conformance with the "General Development Plan", prepared by Pennoni Associates Inc,
dated June 28, 2024.
3.3 The existing residential structure may be converted to a business use and will be allowed to
remain as an existing nonconforming structure at time of Right-of-Way dedication.
Building gross square footage expansion will not be allowed for the existing non-
conforming structure. All other future building construction and site improvements shall
conform to current zoning requirements at time of permitting.
3.4 Existing on-site well and drainfield facilities shall meet current Health Department design
requirements and standards for the proposed business use. Necessary facility upgrades shall
be required to be in place at time of building occupancy-.
3.5 The owner shall restrict the property-to the following allowed N11 land uses:
• Solid Waste Management- roll of container service and ancillary uses. A waste
transfer station is not an allowed land use.
• Landscape and Horticultural Services
• Offices and Storage Facilities for Building Construction Contractors, Heavy
Construction Contractors and Special Trade Contractors
Page 2 of 4
D e^Al Container Proffer.Stateinent
• Professional, Scientific and Technical Services, including Business Offices not
providing services to the general public on a primary basis.
• Business, Professional,Labor, Political and Similar Organizations
• Public Administration and Government Support Buildings including Fire and
Ambulance Services
• Public Utilities
• Truck or Fleet Maintenance Facilities, as allowed under Part 204 Additional
Regulations for Specific Uses and in accordance with Section 165-204.21 Truck or
fleet maintenance facilities and truck rental and leasing,without drivers
• Self-Service Storage Facilities
• Flex-Tech
3.6 Conditional M1 land uses shall require a separate Conditional Use Permit Application. The
owner shall restrict the propert% to the following conditional M1 land uses:
• Tractor Truck and Tractor Truck Trailer Parking
3.7 Hours of operations shall be limited to 6 am to 8 pm Monday through Saturday. Any repair
and servicing operations shall be limited to the hours of 7 am to 5 pm.
3.8 100% of the building fagades facing Route 277 Fairfax Pike shall be constructed to contain
one or a combination of the following: cast stone, stone, brick, architectural block, glass,
wood, dry vit, or stucco. The proposed materials will be submitted to the county for
review, comment, and approval during the permitting process.
3.9 10' Landscape screen along the frontage of Rt 277 Fairfax Pike with a minimum
landscaping density of three plants per 10 linear feet. The buffer shall consist of a
combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees
shall be planted at a minimum of one-and-one-quarter-inch caliper, evergreen trees shall be
a minimum of four feet in height, and shrubs shall be 18 inches in height at time of
planting.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Respectfully submitted,
Page 3 of 4
D e hl Container Proffer•.Shdeuwent
D &M Waste Solutions LLC dba D &M Container Service
By.
Jeft Scott edrick
Title: Co-Owner
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY,To-wit:
The foregoing instrument was acknowledged before me this day of % , 2025, by
Jeffrey Hedrick co-owner of D & M Waste Solutions, LLC dba �Il�f�\1 Container Service, a Virginia
corporation, on behalf of the corporation. ����`� \-YN/V
. .ON WFq�.�O�
Notary Public j;'c° Ts'•.
_=Y:REGISTRATION NO. -*'
1 00340394
Registration Number: 00 0�R �CO i I EXPIRES.'
My Commission Expires: +2- 20 L -1
iii0r�l RYI PVA\,\\\�\
D &M Waste Solutions, LLC dba D &M Container Service
By-
Oebecca Lynn Hedrick
Title: Co-Owner
STATE OF VIRGINIA,AT LARGE
FREDERICK COUNTY,To-wit: L
The foregoing instrument was acknowledged before me this day of ►�C 2025 by
Rebecca Hedrick, co-owner of D &M Waste Solutions,LLC dba D &M Container Service, a Virginia
corporation, on behalf of the corporation.
Notary Public MoN wF
Registration Number: 0O3 'REGISTRATION NO, '�►'
00340394
TP COMMMyCommission Expires: 1,1 - 2.- 2 5 = MYIli ss
`
V/RG\tX
RY IPdal
Page 4 of 4
Rezoning Comments
Virginia Department of Transportation
Mail to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn: Resident Engineer Attn. Resident Engineer
14031 Old Valley Pike 14031 Old Valley Pike
Edinburg, Virginia 22824 Edinburg, Virginia 22824
(540) 984-5600
Applicant: Please till out the information as accurately as possible in order to assist the Virginia
Department of Transportation with their review. Attach three copies of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicants Name: HARAPropertiesLLC Telephone: k540:869-3899
;Mailing Address: 1290 Fairfax Pike White Past,Virginia 22663
Location of property: PIN s86-A t80
1290 Farfax Pike 1 -750 west of Ridings Lane
Current zoning: Zoning requested: ml Acreage:
Virginia Department of Transportation Comments:
VDOT is in support of the proposed revised rezoning proffer amendment, dated 7.29.2025..
VDOT Signature & Date: 8.5.2025
{notice to VDOT- Please Return Form to Applicant
z�
Rezoning ornments
Frederick County Department of Public NN orks
Mail to: Hand deliver to:
Frederick County- Dept. of Public %\orks Frederick Count-v Dept. of Public "A ork-,,
Attn: Director of Envincerm-
Attn: Director of Enunneerim-1 Z� -
10- North Kent Street 10' North Kent Street
Winchester. Virginia 22601 Suite 200
(540) 665-564-35 Winchester. Virsimia
Applicant: Please fill out the information as accurately as possible in order to assist the Department of
Public Works with their review. Attach a copy of Your application form. location map, proffer
statement, impact analysis. and any other pertinent information.
-\pplicant's Name: -IRA��,=eltes Telephone: 540 369-3899
MailInLy .-address: 29r,=:v-ax
Location ofpropert\:
_,9C �.Keax :z,d9ej-jre
Current zoning: Zonim-, requested: Vreage:
Department of Public NN orks Comments.
at
PIECE
bl' Works&Inspections
Public Works Signature& Date:
Notice to Dept. of Public NVorks,- Please Return This Form to the Applicant
- I
Rezoning Comments '
Frederick County Fire Marshal
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire &- Rescue Dept.
1800 Coverstone Drive Attn: Fire Marshal
Winchester, Viruinia 22602 Public Safety Building
(540) 665-6350� 1800 Coverstone Drive
Winchester, Virgiriia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal with his review. attach a copy of your application form, location reap. proffer
statement, impact anahsis, and any other pertinent information.
Applicant's Name: HARA Properties LLC _ Telephone: 1,540)869-3899
Mailing Address: 1290 Fairfax Pike White Post,Virginia 22663
Location of property: PIN a 86-A-180 -
1290 Fairfax Pike fr 730'west of Ridings Lane
Current zoning: not Zoning requested: 01 Acreage: '_§µ - -
Fire Marshal's Comments:
Fire Marshal°s Signature & Date:
Notice to Fire Marshal - Please .Return This Form to the Applicant
26
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
..... Phone: 540-665-6350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
Rezoning
Status: Approved
BUZiI32ss Name
D&M Container
1290 Fairfax Pike
Winchester, Virginia 22655
Engineering Firm : Printed Date: 08/09/2025
Pennoni Associates, Inc.
General Information
Received Date: 07/30/2025 Occupancy Type:
Review Begin Date: 08/09/2025 Property Use:
Review End Date: 08/09/2025 Activity Number: 10710151
Hours: 1.0000 Review Cause: Revision
Comments:
Future development shall comply with the Frederick County Fire Prevention Code and other applicable codes pertaining to Life Safety.
FMO notes:
No new structures on this plan.
ffi*�
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
U J
Rezonint-, Comments
Frederick-NN inchester Health Department D
Mail to: Hand deliver to:
Frcderlck-�k incheNtcr Health Department Frederick-Winchestcr Health Department
Attn: Sanitation En--ino.:r \ttn' Sanitation Enuincer
107 North Kent Street M" North Kent Street
Winchester, Vinziniu _`21,01 suite 201
(540) -"-_'4X() Winchester. irginia
Applicant: Please fill out the intbrillation as accurate[\, as possible in order to assist the Frederick-
Winchester Health Department ,kith their revie\A,. Attach a copy of your application form, location
map. proffer statement. impact analysis, and any other pertinent information.
Applicant's \ame: -APA Telephone: 511
1 191: 22663
Nlailin,_, Address:
Location ol'property:
'51' N,t 7t Ridtrgs Larp
Current zonin,!: Zonim-, requested: k" .\Crca,_,c:
Frederick-tN inchester Health Department's Comments:
OAP Iet- ,q,4e,. 1t10 - 0 -
7-
Health Dept. Signature & Date-
-Avon
Notice to Health Department- Please Return This Form to the applicant
RECEIVED JUL 3 0 2025
,41
COUNTY OF FREDERICK
Steven D. Briglia
Acting County Attorney
' 540/722-8383
Fax 540/667-0370
E-mail sbriglia@brigliahundley.com
September 16, 2026
VIA E-MAIL
Mr. David Frank
Pennon Associates Inc.
117 East Piccadilly Street, Suite 200
Winchester, VA 22601
Re: Rezoning Application—D&M Container Rezoning
Tax Parcel Number 86-A-180 (the"Property")
Dear David:
You have submitted to Frederick County for review a proposed proffer statement(the
"Proffer Statement") for the proposed rezoning of the Property, 13.0± acres in the Opequon
Magisterial District, from the M1 (Light Industrial)Zoning District, with proffers to the M1
(Light Industrial)Zoning District,with revised proffers as of July 30, 2025. I have now
reviewed the Proffer Statement, and it is my opinion that the Proffer Statement would be in a
form to meet the requirements of the Frederick County Zoning Ordinance and the Code of
Virginia, and would be legally sufficient as a proffer statement, subject to the following
comments:
• Owner identification/signatures—Please fully identify the name and addresses of"real
parties in interest", in Section 6 of the Rezoning Application and state the nature of
interest of each person or entity listed.
• Fire Marshall's Comments—Please address the Fire Marshall's comments that future
development shall comply with the Frederic County Fire Prevention Code and other
applicable life safety codes.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as my understanding is that review will be done by
staff and the Planning Commission.
Mr.David Frank
September 16,2025
Page 2
Sincerely,
Steven D. Briglia
Acting County Attorney
Attachment
cc:
Wyatt Pearson, Director of Planning &Development, Frederick County (via e-mail)
Amy Feltner,Planner, Frederick County (via email)
To he completed by Pla► �y St Fee Amount Paic
Zoning Amend t Nu ber a Anticipated PC Hearing DateJCJ
Date Received 5 Anticipated BOS Hearing Da a 5
RE"ZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: HARA Properties LLC
Specific Contact Person if Other than Above: Becky Hedrick
Address: 1290 Fairfax Pike White Post VA 22663
Telephone: (540) Email: dandmwastesolutions@gmail.com
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: _ Email•
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Pennoni Associates Inc
Specific Contact Person at Firm: David Frank, PLA
Address: 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601
Telephone: (540) Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
is
4. Project Name (if any): DM Container
5. Property Information:
a. Property Identification Number(s): 86-A-180
b. Total acreage of the parcel(s): 13 acres
c. Total acreage of parcel(s) to be rezoned(if other than whole parcel(s) is being rezoned):
13 acres
d. Current zoning designation(s) and acreage(s) in each designation:
M1 with proffers
e. Proposed zoning designation(s) and acreage(s) in each designation:
M 1 with proffers
f. Magisterial District(s): Opequon
g. Location- the property is located at (give street address(es) if assigned or otherwise exact
location based on nearest road and distance from nearest intersection, using road names
and route numbers):
1290 Fairfax Pike - 750' West of Ridings Lane
h. Adjoining Properties:
Parcel ID Number Use Zoning
SEE ATTACHED LIST
Please attach additional page(s) if necessary.
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office of the Commissioner of the
Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601.
16
6. Disclosure of real parties in interest.
Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant
for a zoning amendment to make complete disclosure of the equitable ownership of the real
estate to be affected including, in the case of corporate ownership, the name of stockholders,
officers, and directors, and in any case the names and addresses of all real parties of interest.
Frederick County has, by County Code § 165-101.09, adopted such an ordinance.
For each business entity that is an owner or contract purchaser of the property, please list the
name and address of each person owning an interest in, or who is an officer or director
of, any entity that is an owner or contract purchaser of the property (you need not
indicate the amount or extent of the ownership interest)_ Please note that this requirement
does not apply to a corporation whose stock is traded on a national or local stock exchange
and having more than 500 shareholders.
Jeff and Becky Hedrick
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
❑ Location Map
❑ Plat Depicting Metes/Bounds of Proposed Zoning
❑ Impact Analysis Statement
❑ Proffer Statement(if any)
❑ Agency Comments
❑ Fee
❑ Copies of Deed(s) to Property(ies)
❑ Tax Payment Verification
❑ Digital copies (pdf's) of all submitted items
17
8. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance to change the zoning map of
Frederick County, Virginia. I (we)authorize Frederick County officials to enter the property
for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors public hearing and maintained so as to be visible
from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of m our knowled
Owner: Date 1 (�
If signing on behalf of an entity, please state name of entity and your title:
Owner: Date f 2�
If signing on behalf of an entity, please state name of entity and your title:
Other Applicant Party (if any): Date
If signing on behalf of an entity, please state name of entity and your title:
If additional signature lines are necessary, such as if more than two persons are owners,
please use additional copies of this page.
�8
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the Planning Commission and the
Board of Supervisors meetings. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property. The applicant is required to obtain the following information on each adjoining
property including the parcel identification number which may be obtained from the office of the
Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the
Frederick County:administrative Building. 107 North Kent Street.
Name and Property Identification Number Address
Name Samuel Fletcher PO Box 7178 Hyattsville MD 20787
Property#PIN# 86-A-179B
Name Steven and Rebecca Jenkins 1308 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-179F
Name Vernon Carlson Jr 1312 Fairfax Pike White Post, VA 22663
Property#P I N# 86-A- 179
Name Janet Barr 554 Wardensville Grade Winchester VA 22602
Property#PIN# 86-A- 217
Name Cesar & Elvira Yong ETALS 1256 Fairfax Pike White Post, VA 22663
Property#PIN# 86-A-181
Name Elizabeth & Elwood Fletcher 1445 Fairfax Pike White Post, VA 22663
Property#P I N# 86-A-183
Name Benjamin Ridings 1261 Fairfax Pike White Post, VA 22663
Property#P I N# 86-A-170
Name George Scheulen 6734 Stream View Lane Warrenton, Va 20187
Property#Pin# 86-A-172 & 173
Name Kaur Gagandeep 15169 Sky Valley Drive Haymarket VA 20169
Property#PIN# 86-A-176
[9
COG Special Limited Power of Attorney
w4 County of Frederick, Virginia
4 I Frederick Planning Website: www.fcva.us
n
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents That:
HARA Properties LLC _
Name of Property Owner/Applicant
Ptease note: ff fhc property owner/applicant is an entity,the name of the entity should appear above.
ff multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed.
1290 Fairfax Pike White Post Virginia 22663 (540)899-3899
Mailing Address of Property Owner/Applicant Telephone Number
as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County,
Virginia,identified by following property identification numbers:
TM 86-A-180
do hereby make,constitute, and appoint:
Pennoni Associates Inc
Name of Attorney-ln-Fact
117 East Piccadilly Street Suite 200 Winchester Virginia 22601 (540)771-2087
Mailing Address of Attorney-In-Fact Telephone Number
to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same
full power and authority I would have if acting personally, to file and act on my behalf with respect
to application with Frederick County,Virginia for the following, for the above identified property:
❑✓ Rezoning Subdivision
Conditional Use Permit ✓ Site Plan
✓ Master Development Plan(prelim. or final) Variance or Zoning Appeal
and, further, my attorney-in-fact shall have the authority to offer proffered conditions and to make
amendments to previously approved proffered conditions except as follows:
This appointment shall expire one year from the day that it is signed,or at such sooner time as I
otherwise rese d or modify it.
Signature
Title(if signing on ehalf of an entity)
State of , County/City of�("Y., ,To wit:
)
I, a Notary Public in and for the jurisdiction aforesaid, certify that
the person who s *tled the fo egoing instrument pe nally appe ed before me and has acknowledged the
sal e b fo e f t juris c afo>r 1']']%Wl day of 202,
�®,%v IL` P ON W �O��
IV
C J
My Commission Expires:
. otar PubliNo..'.
ti '
Y ~Y:`REGISTRATIONNO.•;';!�Registration Number:
00340394
MY CO M EXP RES:
V1RG%' \r2A
�'ii$l 'R,q 'Y Pj70
\��\\ �
240011194
Prepared by Crawford Law Group PLLC, James B. Crawford, III VASE No. : 91472
of 112 S Cameron St, Winchester, VA 22601
Grantee Address: 1290 Fairfax Pike, White Post, VA 22663
Parcel ID No. : 86 A 180
Title Insurance Underwriter: Fidelity National Title Insurance
Consideration: $700,000.00
Assessed Value: $215,400.00
THIS DEED made this 25th day of November, 2024, by and
between Jimmy A. Johnson, Sandra J. McDonald, Judy A. Emmons,
Kelsey Nicole Smith, (formerly known as Kelsey Nicole Johnson)
and Lacey Adare Tinsman, parties of the first part and
hereinafter referred to as Grantors and HARA Properties LLC, a
Virginia Limited Liability Company, party of the second part and
hereinafter referred to as Grantee .
WITNESSETH: That for and in valuable consideration the
receipt of which is hereby acknowledged, the said Grantors do
hereby grant and convey unto said Grantee, with General Warranty
and English Covenants of Title, free and clear of all monetary
liens and encumbrances, in fee simple, as follows :
All that certain lot or parcel of land, together with
the improvements thereon and appurtenances thereunto
belonging, lying and being situated in Opequon
Magisterial District, Frederick County, Virginia, on
the south side of Virginia Highway Route 277
approximately 2 1/2 miles east of Stephens City,
Virginia and containing 13 . 16 acres, more or less
"Beginning at (1) a post in the South boundary of Road
No. 277 and Northeast corner to now or formerly
Yancey' s other land; thence with the South side of said
road S . 84 1/4' E 460 feet to (2) a post in the South
1
side of said road and Northwest corner to now or
formerly Carlson; thence leaving road and with now or
formerly Carlson S 26 1/2' W 1502 feet to (3) a post in
now or formerly Carlson' s line and corner to now or
formerly Mrs . Cave; thence leaving now or formerly
Carlson and with now or formerly Mrs . Cave N 60 1/4' W
388 feet to (4) a post in line of now or formerly
Stickley and corner to now or formerly Yancey' s other
land; thence with said other land 25 °E 1323 feet to
the point of beginning, containing 13 . 16 acres, more or
less .
AND BEING the same property conveyed to Lawrence D. Johnson
and Frances J. Johnson, his wife, as tenants by the entirety with
right of survivorship by deed dated September 15, 1965 from Della
M. Hunter of record in the Clerk' s Office of the Circuit Court of
Frederick County, Virginia in Deed Book 314 at Page 420 . Frances
J. Johnson died on July 22, 2014 and her interest passed to
Lawrence D. Johnson. Lawrence D. Johnson died testate on July 5,
2016 and by his will and codicil of record in the aforesaid
Clerk' s Office in Court File No . 160000261 devised said proeprty
to his four (4) children, Jimmy A. Johnson, Sandra J. McDonald,
Judy A. Emmons and Roy F. Johnson. Roy F. Johnson (same as Roy
Frank Johnson) died intestate on May 27, 2023 unmarried and his
sole hears listed on Real Estate Affidavit of record in the
aforesaid Clerk' s Office in Court File No . 230000291 were his
son, Roy Frank Johnson, Jr. , who died intestate on May 15, 2023
-C3
2
and Kelsey Nicole Johnson and Lacey Adare Tinsman and Roy Frank
Johnson, Jr. Real Estate Affidavit of record in the aforesaid
Clerk' s Office in Court File No. 240000412 list his
granddaughters, Kelsey Nicole Smith (formerly Kelsey Nicole
Johnson) and Lacey Adare Tinsman.
THIS CONVEYANCE is made subject to any and all exceptions,
covenants, conditions, restrictions, reservations, easements,
rights-of-way and other matters of record recorded in the
aforesaid Clerk' s Office.
(Intentionally Left Blank)
CIG
WITNESS the following signatures and seals .
Ji
STATE OF VIRGINIA
CITY OF WINCHESTER
The foregoing instrument was acknowledged before me this
day of November, 2024 by Jimmy A. Johnson.
o`\1 DREA 1jia,/`//
Notary PublicAUsY/c R� . r
Commission Exp. Date : 0' MyC 0`rr
Affix stamp/seal : ;, .,.•• 6�� N ;s
W
San ra J. MCDona
STATE OF VIRGINIA
CITY OF WINCHESTER
The foregoing instrument was acknowledged before me this
aolkday of November, 2024 by Sandra J. McDonald
Notary Public
Commission Exp. Date : ` a�:•' ,q '
Affix stamp/seal : Mr�arrsss �
°°1a�adQeir
�r
4
STATE OF VIRGINIA
CITY OF WINCHESTER
The foregoing instrument was acknowledged before mR,jtdibq,,
aS- day of November, 2024 by Judy A. Emmons ee°° Q,EA•W
NOTARY*-..'y
PUBLlc
#178037 }
No ary u is , 81ON.:
Commission Exp. Date: ;. -q' Pf ba. "
� .3
Affix stamp/seal :
e sey Nic e Smith
STATE OF VIRGINIA
CITY OF WINCHESTER
The foregoing instrument was acknowledged before me this
y,,)_day of November, 2024 by Kelsey Nicole Smith.
Notaryu is P °°°►�► III,
Commission Exp. Date : ,�° ORE:.. e
� .
Q . ..NOTARY'•
Affix stamp/seal : 4 �ugL�G
COMMISSION :tR
�
,�6PP�E�l�4►�°
5
STATE OF VIRGINIA
CITY OF WINCHESTER
,,yyN� The foregoing instrument was acknowledged before me this
' flay of November, 2024 by Lacey Adare Tinsman .
No
Commission Exp. Date:
Affix stamp/seal :
o 7s
6
EXHIBIT "A"
AFFIDAVIT
STATE OF VIRGINIA
City of Winchester, to-wit:
COMES NOW, Jimmy Allen Johnson having been duly sworn and states as follows:
1. That my proper name is Jimmy Allen Johnson and I have never been known as James
Johnson, James B. Johnson, James L. Johnson, James L. Johnson,III, James C. Johnson, Sr. And
James T. Johnson.
2. That I have lived at 691 Oates Road, Star Tannery,VA 22654 for over thirty(30)years
and have never lived at any other address except that address stated above.
3. That this affidavit is given to induce Crawford Law Group PLLC and the title company,
Locust Knoll Title Company LLC to insure title to the realty designated as 1290 Fairfax Pike,White
Post, VA 22663.
4. That the various judgments against the Defendants whose names are set forth in paragraph
1. above docketed in the Frederick County, Virginia Circuit Court are not against me and I have
never been sued under any of the above names.
EXECUTED UPON OATH this k day of December, 2024
L)
Subscribed and sworn to before me this Z day of December, 2024 by
Jimmy Allen
J�so'hhVdAt1f�
-°
`y+s5RP"NFf. ,/P 9f 4001111 194t1°`EST f
�_ ,HE CLERK'S OFFICE Ot-
.. Q \ n
CJ:•�� v�'��Gr�oZ r_ NO 'CL TT C0URT ON
DECEMBER 3, 26 4 AT 01 n L4 PM
WAS �P AS
rr� v S rtI., S
}700.00 GRANTOR TAX
: •'•�`� `` c`i e FEOUIRED BY SEC 50.1.-00r: OF THE VA. CODE
o� '�••.. ..•• � .
� a
STATE: $,�50.00 FOCAL; 11p,350.00
CRC#�H J. KAHL.E 9 CLERK
C:\Users\Public\Uacumems%WPUOCS\Affidavidjahnsanjimnyaffida%iiwpd RECORDED BY: HEM