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HomeMy WebLinkAboutPCAgenda2025November51.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.September 3, 2025 Meeting Minutes 3.B.October 1, 2025 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Ordinance Amendment to the Frederick County Code - (Mr. Klein) Modifications to supplementary use regulations for outdoor lighting contained in §165- 201.07 to modernize outdoor lighting standards. Chapter 165 Zoning, ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 201 - Supplementary Use Regulations; §165-201.07 Outdoor Lighting Standards 6.B.Ordinance Amendment to the Frederick County Code - (Mr. Klein) Modifications to amend design requirements contained in §165-501.06 for the R4 AGENDA PLANNING COMMISSION WEDNESDAY, NOVEMBER 5, 2025 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC11-05-25MinutesSeptember3.pdf PC11-05-25MinutesOctober1.pdf PC11-05-25_OA_OutdoorLightingStandards.pdf 1 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. Chapter 165 Zoning, ARTICLE V Planned Development Districts; Part 501 – R4 Residential Planned Community Districts; §165-501.06 Design Requirements 6.C.Ordinance Amendment to the Frederick County Code - (Mr. Klein) Modifications to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Chapter 165 Zoning, ARTICLE VII Overlay Districts; Part 705 – TNDB Traditional Neighborhood Design-Business Overlay District; §165-705.04 Use, Density, Dimensional and Intensity Regulations 7.Action Item 7.A.Rezoning #08-25 Eastgate Commerce Center - (Mr. Klein) This is a request for a minor proffer amendment to amend proffers associated with REZ #002-97 - Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road and removing the proffer requiring a road efficiency buffer along Tasker Road. 8.Other 8.A.Current Planning Applications 9.Adjourn PC11-05-25_OA_R4District.pdf PC11-05-25_OA_TNDBOverlayDistrict.pdf PC11-05-25_REZ08-25_Redacted.pdf 2 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Meeting Minutes Title: September 3, 2025 Meeting Minutes Attachments: PC11-05-25MinutesSeptember3.pdf 3 Frederick County Planning Commission Page 4217 Minutes of September 3, 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 September 3, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon 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: Justin Kerns, Stonewall District; Charles Markert, Red Bud District. 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 September 3, 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 Bottorf, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Bottorf, the Planning Commission unanimously adopted the minutes from the August 6, 2025 meeting. ------------- 4 Frederick County Planning Commission Page 4218 Minutes of September 3, 2025 COMMITTEES Transportation Committee – 08/25/25 Commissioner Brannon reported the Committee discussed and recommended forwarding to the Board of Supervisors Resolutions of Support for the County’s Revenue Sharing and Transportation Alternatives Program. Also discussed was the I-81 Projects Update and it was noted as of July 18, 2025, Renaissance Drive is open to traffic. Frederick Water – 08/19/25 Commissioner Bottorf reported the Board elected three new Board Members; an exception was grated on Shady Elm Road for hook up; a discussion was held on the fluoride treatment and its future. He noted the Diehl Plant upgrade is almost complete. City of Winchester – 09/02/25 Commissioner Correll shared a conditional use permit was reviewed for a property on South Loudoun Street to convert from commercial to residential use; the Commission updated several zoning ordinances; and a discussion was held on the Neighborhood Design District for Fairmont Avenue. ------------- 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. ------------- PUBLIC HEARING Rezoning #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC) Action – Recommend Approval Kayla Peloquin, Planner II, reported, this application is 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. Mrs. Peloquin shared a zoning map of the property. She continued, REZ #17-06 (Rutherford Crossing) proffers included transportation improvements for the entire development (signalize intersections, build turn lanes, dedicate right-of-way, etc.) that have already been completed. Access to the property is established through two (2) existing entrances along Market Street and one (1) right-in/right- 5 Frederick County Planning Commission Page 4219 Minutes of September 3, 2025 out onto Martinsburg Pike (Route 11). She noted, the proposed rezoning will not have a negative effect on the current transportation network (VDOT comment). Mrs. Peloquin stated the Northeast Frederick Land Use Plan (NELUP) recognizes the need for commercial uses near major roadways to serve residents and visitors. The intended use of auto repair, along with the currently permitted B2 uses, limit the property to uses typically associated with the business land use designation. She noted, this rezoning i s in general conformance with the plan land use policies. Mrs. Peloquin shared the revised proffer statement: Permits currently allowed B2 uses, prohibits all B3 uses except intended use (auto repair); 5’ sidewalk proffered along the northeast side from Market Street to the first intersection. Mr. Todd Hamula, representing the Applicant, addressed questions raised by the Planning Commission; he stated the site is a great location for Firestone customers to have shopping and dining amenities within walking distance while they wait for their vehicle. The preliminary site plan includes 8 bay doors facing the parking lot in front of Target and Lowes, shielding the noise away from the hotel and the nearest residence. Mr. Hamula stated the hours of operation are 7 AM– 7 PM Monday – Saturday and 9 AM – 5 PM on Sundays. Mr. Hamula stated that restricting all B3 uses other than the intended use and permitting B2 uses on the property is intended to not limit the site in the long-term should something happen with Firestone. The service center will have around 12 employees and take 20-30 appointments per day, not generating a significant amount of traffic. There will be one large delivery truck several times a month to deliver tires, other deliveries will be made in smaller vehicles. Mr. Hamula stated that Firestone does work on brakes and tires, but not body work or work on tractor trailers. The Applicant stated the Zoning Ordinance requirements for landscaping will provide buffering. The Applicant agreed to add a proffer limiting the hours of operation to those listed earlier, to add a proffer that no bay doors will face the adjacent hotel, and to proffer that all tires will be stored within an enclosed structure. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. One citizen spoke regarding landscaping and suggested enhanced screening for visual purposes and to mitigate noise. No one else came forward and the Public Hearing was closed for the public comment portion. The Applicant stated the Zoning Ordinance requirements for landscaping will provide buffering. The Applicant agreed to add a proffer limiting the hours of operation to those listed earlier, to add a proffer that no bay doors will face the adjacent hotel, and to proffer that all tires will be stored within an enclosed structure. Upon motion made by Commissioner DeHaven and seconded by Commissioner Thomas with the proffer modifications noted and the Applicant agreed to. BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC). (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) Rezoning #06-25 of Hara Properties LLC (D & M Container Service) Action – Recommend Approval Amy L. Feltner, Planner I, reported, this application is summited to rezone 13+/- acres from the M1 (Light Industrial) Zoning District with proffers to the M1 (Li ght Industrial) Zoning District with modified proffers for a solid waste collection facility. The property is located at 1290 Fairfax Pike, White Post, and is identified by Property Identification Number 86-A-180 in the Opequon Magisterial District. She shared a location map and a long range land use map of the property and area. Mrs. Feltner continued, the previous rezoning application (REZ #08-24) was approved by the Board of Supervisors on 6 Frederick County Planning Commission Page 4220 Minutes of September 3, 2025 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. She noted, additional language was added to the Truck or Fleet Maintenance Facility to incorporate additional requirements listed in the zoning ordinance under Part 204, Additional Regulations for Specific Use. Mrs. Feltner stated the Transportation proffer statement remains unchanged and provides for 52.5’ right-of-way 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 trips per day. 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. David Frank, representing 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. Mr. Frank explained that the containers would then be transported to the landfill once the landfill has reopened . The Planning Commission Members 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. 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 Sneddon and seconded by Commissioner Brannon including this is not a transfer station and only a container operation BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #06-25 of Hara Properties LLC (D & M Container Service). (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) Ordinance Amendment to the Frederick County Code Action – Recommend Approval Wyatt G. Pearson, Director, reported this item contains 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. He continued, 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 be ing updated to provide more flexibility for when a TIA can be required of by-right development projects. Mr. Pearson explained, 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 7 Frederick County Planning Commission Page 4221 Minutes of September 3, 2025 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 changes attached 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. Mr. Pearson concluded, the Board of Supervisors discussed this item on July 9, 2025, and recommended it go forward to the Development Review and Regulations Committee (DRRC) for additional discussion and authorized scheduling for public hearing. The DRRC reviewed this proposal at their July 24, 2025 meeting and recommended approval as presented. 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 Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code Chapter 165 Zoning, ARTICLE III Transfer of Development Rights (TDR) Program. Abstain: Commissioner Brannon (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) ------------- ACTION 2232 Policy John A. Bishop, Assistant Director, reported this is a draft policy for the consistent management of items required for review under VA §15.2-2232. The County’s 2232 Review Process determines the compatibility of proposed public facilities with Board of Supervisors adopted Comprehensive Plan. He noted 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 propos al. The most recently completed 2232 Review was done in 2011. Mr. Bishop concluded, 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. 8 Frederick County Planning Commission Page 4222 Minutes of September 3, 2025 Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the 2232 Review Policy. Abstain: Commissioner Whitacre (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) ------------- 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 Kozel and unanimously passed. The meeting was adjourned at 8:40 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Meeting Minutes Title: October 1, 2025 Meeting Minutes Attachments: PC11-05-25MinutesOctober1.pdf 10 Frederick County Planning Commission Page 4223 Minutes of October 1, 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 October 1, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/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; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the October 1, 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 Sneddon, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- 11 Frederick County Planning Commission Page 4224 Minutes of October 1, 2025 COMMITTEES Development Review & Regulations Committee – 09/25/25 Commissioner Kerns reported the committee discussed three Zoning Ordinance Text Amendment proposals: TNDB Overlay District; R4 District; and Outdoor Lighting Standards. Transportation Committee – 09/22/25 Commissioner Brannon reported the committee heard a VDOT presentation of progress, study, and alternatives for Exit 317 Interchange Project. The committee was made aware the Transportation Alternatives Program Projects (update and action on 2024 awards) consisted of the Warrior Drive Multiuse Path, the Inverlee Way Pedestrian upgrades, and the Valley Mill Road Pedestrian upgrades. She concluded, as of July 18th, Renaissance Drive is open to traffic; work continues to finalize closing of the Springdale Road rail crossing. Frederick Water – 09/16/25 Commissioner Bottorf reported the Board held a work session with a presentation by Aaron Tice from Wiley/Wilson with a review of Frederick Water 20-year Water Demand Projections and a review of Water System Projects and Path Forward. The regular Board meeting was held with approval of a resolution of the Capital Budget Carryforward from FY2025 to FY 2026. Board of Supervisors – 09/24/25 Supervisor Liero, Board of Supervisor Liaison, reported that the Board approved a rezoning for Firestone Complete Auto Care Center (Rutherford Farm, LLC) and a rezoning for Hara Properties LLC (D&M Container Service). Also approved was an Ordinance Amendment for modifications to the TDR Program with the Board making a revision to the proposal. ------------- 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. The Inn at Vaucluse Spring owner, Jan Van Haute thanked the Planning Commission for the approval of their CUP and provided an update on the progress to open the restaurant in 2026. Jennifer Herring of Gore, VA and Amy Goodyear of Loudoun County, VA shared their objections to the MARL powerlines in the Gore area. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- 12 Frederick County Planning Commission Page 4225 Minutes of October 1, 2025 PUBLIC HEARING 2232 Review #01-25 for NextEra Energy Transmission (Woodside Substation) Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a review of a 72.01 acre site of which approximately 35.60 acres will be disturbed. The property is 7.1 miles north of the City of Winchester, along Interstate 81 (I-81) between Carter Machinery and the Fruit Hill properties and is identified by Property Identification Numbers 33-12-24 and 33-A-88 in the Stonewall Magisterial District. He shared a location map and zoning map of the property. Mr. Bishop continued, this is a request for a Planning Commission review and determination of Comprehensive Plan Compliance under VA 15.2-2232. The proposed use is a power substation. This substation would connect to existing electrical infrastructure in the form of the Dominion 500 KV Bismark-Doubs transmission line and FirstEnergy’s Stonewall 138 KV substation which the Applicant has noted the intent is to deliver grid benefits by connecting Frederick County users to the regional grid and enabling future growth and development as well as enhancing overall reliability of the electrical system. Mr. Bishop continued, the Applicant has provided a Conceptual Site Plan of the proposal. All buffers and setbacks displayed on the conceptual site plan are conceptual and the Zoning Administrator would make the final determination of the Ordinance as to the required setbacks and buffers. He stated the subject parcels are currently accessed via Thistle Lane; however, the conceptual site plan accommodates a future Comprehensive Plan through road on the parcel. Mr. Bishop noted, this is a by-right use, this is not a rezoning, and no proffers are associated with, it is not a Conditional Use Permit therefore no conditions. The site plan is conceptual only; the formal site plan process meeting all County ordinances will still be required. Mr. Bishop shared the Comprehensive Plan Conformance: • The Urban Areas section of the Comprehensive Plan designates this area as Urban through its inclusion in the UDA and SWSA and directs readers to the Northeast Frederick Land Use Plan (NELUP) for future land uses. • The NELUP designates this property as well as bordering properties to the north and south as Industrial and Mixed Use Office and Industrial. • The NELUP notes that the Martinsburg Pike and I-81 corridor continue to be predominantly planned for commercial and industrial uses. • The NELUP further notes that uses outside the EDA identified targeted businesses should only be considered if they are secondary and complementary to these targeted businesses. • The proposed substation is immediately adjacent to the existing transmission line. • Current access is from Thistle Lane, Site Plan will be required to accommodate Comprehensive Plan Road through the parcel. Mr. Bishop concluded, this request is to determine if the proposal to construct the Woodside Substation is compliant with the Comprehensive Plan. Commissioner Brannon requested clarification as to the goal for the proposal. Mr. Bishop reiterated the proposal is to determine if it is in conformance with the Comprehensive Plan. The Commission and Staff discussed the Rural Preservation Tract that could be impacted and the NELUP with regards to utilities. Commissioner Thomas asked if the parcel remains RA with this use and Mr. Bishop stated that is correct. Chairman Stowe asked where this proposal goes after the Planning Commission. Mr. Bishop explained it goes to the site plan process which will include all agency comments. 13 Frederick County Planning Commission Page 4226 Minutes of October 1, 2025 Kaitlyn McCormick, representing NextEra shared a presentation and addressed the Planning Commission questions. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. The following spoke in opposition to the 2232 Review #01-25 for NextEra Energy Transmission (Woodside Substation): David Dixon Stonewall District Kurt Creager Back Creek District Peter Mielke Back Creek District Theresa Ghiorzi Lovettsville, VA Keryn Newman Jefferson Co., WVA Alfred Ghiorzi Lovettsville, VA Jennifer Smith Stonewall District Leslie Spencer Gainesboro District Bryan Hockman Hampshire Co., WVA Jenise Dixon Stonewall District Amy Goodyear Loudoun Co., VA Steve Goodyear Loudoun Co., VA Jennifer Omps Stonewall District Janet Meeler Stonewall District David Dixon Jr. Stonewall District Allison Harrison Stonewall District Shannon Robine Stonewall District No one else came forward and the Public Hearing was closed for the public comment portion. Commissioner Thomas commented the Commission needs to focus on tonight’s mission and that is, is the substation in conformance with the Comprehensive Plan which is a state requirement. Upon motion made by Commissioner Kerns and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of 2232 Review #01-25 for NextEra Energy Transmission (Woodside Substation). Yes: Brumback, McKay, Sneddon, Bottorf, Markert, Stowe, Thomas, Kerns No: DeHaven, Whitacre, Brannon (Note: Commissioner Kozel and Commissioner Aikens were absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported the October 15, 2025 Planning Commission meeting will be canceled. He noted, the site plan for the fourth high school has been received. 14 Frederick County Planning Commission Page 4227 Minutes of October 1, 2025 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 Markert and unanimously passed. The meeting was adjourned at 9:50 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 15 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code - (Mr. Klein) Attachments: PC11-05-25_OA_OutdoorLightingStandards.pdf 16 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Outdoor Lighting Standards DATE: October 20, 2025 Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to amend supplementary use regulations for outdoor lighting contained in §165-201.07. The purpose of this amendment is to “modernize” outdoor lighting standards through comparison with other localities and best practices, clarify and ensures consistent use of terminology, review illumination levels and mounting heights for fixtures, photometric plan requirements, and incorporated LED lighting standards into the ordinance. This ordinance amendment was initiated by staff at the request of the Board of Supervisors. In preparing the ordinance amendment, staff reviewed other VA locality lighting standards, best practices from lighting professional groups and the American Planning Association (APA) and consulted with Parks and Recreation regarding lighting for recreational areas. Current Standard: As stated in the ordinance, “the purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation.” The outdoor lighting standards section was last comprehensively updated in 2009. Meeting Summary & Requested Action: The Board of Supervisors authorized staff to proceed with committee review and to advertise for public hearings at their September 10, 2025, regular meeting. The Development Review and Regulations Committee discussed the proposed amendment on September 25, 2025. In general, the DRRC was supportive of the proposed amendment, noting support for changes to lighting heights and illumination levels adjoining residential and agricultural areas . The committee expressed concern about what happens to establishments when they need to change lighting fixtures; for example, swapping incandescent fixtures for LED fixtures. After discussions with the Zoning Administrator, fixture replacements would be allowed, however should an establishment seek additional lighting fixtures, to modify where fixtures are located on site, or change the mounting height of fixtures, they would need to comply with any new requirements. The DRRC also noted the need for differentiation between commercial/industrial lighting and residential lighting for correlated color temperature (CCT). Following the committee meeting, staff have revised the requirement and increased the CCT for C/I and high security lighting areas. Further, in response to DRRC comments staff also modified the proposed amendment for building-mounted fixture height for non-residential uses and specified illumination levels for loading docks. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. 17 Page 2 Questions regarding the proposed amendment should be directed to staff. MTK/pd Attachment: 1. Proposed Changes 09.29.25 18 Proposed Changes – Outdoor Lighting Standards Revised October 14, 2025 Chapter 165 – Zoning Ordinance Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 Supplementary Use Regulations §165-201.07 Outdoor lighting standards. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting over lighting; promote appearance, safety, productivity, enjoyment, commerce and security; and encourage energy conservation to the greatest extent possible. A. Applicability and general provisions. Except as provided in Subsection F of this section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted, provided such changes do not result in a higher footcandle output. B. General outdoor lighting standards. 1) All outdoor lighting fixtures shall be designed to meet the following criteria: a) Fully shielded, aimed, downcast (i.e. full-cutoff), located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road rights-of-way. Shielding means that the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. Any structural part of the luminaire providing this shielding shall be permanently affixed so that no light is able to be emitted above the horizontal plane. Parking lot fixtures and light fixtures on buildings shall be full-cutoff fixtures. b) For multifamily residential and residential parking lots use of a warm toned or filtered Correlated Color Temperature (CCT) not to exceed 3000 Kelvin (K). 19 Proposed Changes – Outdoor Lighting Standards Revised October 14, 2025 c) For non-residential uses and high security areas use of a neutral toned or filtered CCT not to exceed 4000 K. d) Meet the DarkSky International Approved Luminaries certification, Illuminating Engineering Society of North American (IESNA), or Zoning Administrator accepted equivalent certification for lighting products. e) Within residential developments, the Zoning Administrator may approve alternate parking lot fixtures so long as the intent of this section is met. 2) Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. Directional fixtures for advertisement purposes, such as but not limited to high-intensity beams, lasers or strobe lights, shall be prohibited. When permitted, directional fixtures shall be installed or aimed so that they do not shine skyward and to ensure that the light source is not visible from adjacent properties or road rights-of-way. 3) Free-standing pole-mounted light Light fixtures, including mounting base, shall not be more than 20 feet in parking areas within or adjacent to agricultural or residential uses, and shall not be more than 25 feet in height above finished grade where adjoining all other uses. On land in the B3 (Industrial Transition), M1 (Light Industrial), M2 (Industrial General), EM (Extractive Manufacturing) and TM (Technology- Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow free-standing pole-mounted light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the B3, M1, M2, EM and TM Districts exceed 45 feet in height. 4) Light fixtures shall be placed outside of the paved areas of a site and be setback a minimum of 10 feet from adjoining property lines and roadways. Light fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this section is met. Bollards shall be provided around the pole base where the fixture is sited outside of a landscaped island or perimeter green space. 5) Building-mounted or wall-pack lighting fixtures shall not be mounted more than 25 feet 20 feet above the finished grade of the building where the building face is adjacent to agricultural or residential uses; and no more than 25 feet in height above finished grade where adjoining all other uses. These fixtures shall meet the “General Outdoor Lighting Standards” contained in section B(1) above. be shielded (full-cutoff) so that the light source is not visible from adjacent properties or road rights-of-way. Non-cutoff wall-pack lighting fixtures shall not be permitted. 6) All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. 7) Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes shall consist of full-cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to 20 Proposed Changes – Outdoor Lighting Standards Revised October 14, 2025 limit stray light and to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way. C. Photometric plan requirements. 1) A photometric lighting plan shall be submitted and approved in conjunction with any site plan required by Article VIII or subdivision design plan as required by Chapter 144 of the Frederick County Code. A photometric plan submitted with site plans shall be current (less than 60 days old) and must be certified prepared by a qualified member of the National Council on Qualifications for the Lighting Professions (NCQLP), the American Lighting Association (ALA) or accepted equivalent professional certification approved by the Zoning Administrator. a Virginia licensed professional engineer, architect, landscape architect or land surveyor. 2) All such required plans shall include the following: a) Plans indicating the location on the premises of all free-standing and building- mounted lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout. b) Description of all free-standing and building-mounted lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including lamp types, wattage and initial lumen outputs, correlated color temperature (CCT), glare-control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same. c) Photometric data, such as that furnished by manufacturers or similar, showing the angle cut-off light emissions and glare-control devices. d) Mounting height of all free-standing and building-mounted fixtures. e) Aiming angles and diagrams for recreational facilities lighting fixtures, including maximum angles for adjustable light sources. D. Outdoor lighting standards for nonresidential uses. 1) The average maintained horizontal lighting levels for nonresidential uses shall not exceed the following standards, unless a lower limit is set forth in this subsection: a) Five 2.0 footcandles for parking lots, pedestrian walkways, internal vehicle travel ways, and loading areas. b) Ten 5.0 footcandles along fronts of buildings and along main drive aisles. c) 10.0 footcandles for loading docks. d) Twenty 15.0 footcandles for high-security areas, such as, but not limited to, automated teller machines (ATMs), motor vehicle display areas; and vehicle fuel station canopies, outdoor storage areas, but not including parking lots. 2) Light fixtures under fuel station canopies or any other canopy shall consist of full-cutoff lighting fixtures where the light source is either fully shielded completely flush or recessed within the underside of the canopy and utilize only flat lenses or windows. The portions of the canopy not included in the sign area shall not be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way. 21 Proposed Changes – Outdoor Lighting Standards Revised October 14, 2025 3) Lighting levels shall not exceed 0.2 footcandle at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition, all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure. 4) Lighting levels shall not exceed 1.0 5.0 footcandles at any common property line with property zoned or used for commercial or industrial uses, and at any edge of a property line adjacent to a road right-of-way. 5) All outdoor lighting, excluding lighting for high security areas, shall be turned off when no one is present to use the light or be controlled and activated by motion sensors or timing devices. E. Outdoor lighting standards for multifamily uses and residential parking lots. 1) The average maintained horizontal lighting levels for multifamily developments shall not exceed 0.5 footcandle at property line boundaries, except as follows: a) At any property line boundary with property zoned, used, or planned for residential or agricultural purposes: 0.2 footcandle; and b) At any edge of a property line adjacent to a road right-of-way: five footcandles. 1. 1.5 footcandles along arterial roadways. 2. 1.0 footcandles along collector roadways. 3. 0.5 footcandles along local streets. 2) The average maintained horizontal lighting levels at buildings, parking lots, and other areas besides at property line boundaries shall be as follows: set forth in Subsection E(1) shall not exceed 10 footcandles. a) 1.0 footcandles at building entrances, walkways and pathways. b) 0.5 footcandles in off-street residential parking lots. c) 0.2 footcandles in common open spaces areas. F. Lighting standards for recreational facilities in all zoning districts shall conform to the following requirements:. 1) Lighted recreational facilities shall conform to the requirements set forth in the most current editions of the Illuminating Engineering Society of North America (IESNA) RP-6 Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting Handbook. Appropriate lighting criteria shall be selected based on the class of play of the facility and participants as defined by the IESNA. 2) Lighted recreational facilities in all zoning districts shall be turned off within 30 minutes after the last event or 11:00PM, whichever is earlier. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific activity or tournament which is in progress under such illumination prior to 11:00 p.m. 3) Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include internal and/or external glare-control louvers to minimize light trespass on adjoining properties and roadways. Lighting designs must ensure that horizontal illuminance at a distance of 150 feet from the edge of the field does not exceed 0.5 footcandles when measured horizontally at ground level. Furthermore, all lighting systems shall comply with recommended International Commission of Illumination (CIE) “Guide on the 22 Proposed Changes – Outdoor Lighting Standards Revised October 14, 2025 Limitation of the Effects of Obtrusive Light from Outdoor Lighting Fixtures” Table 2.3 (Maximum Values for Intensity of Luminaires in Designated Directions) to control off-site luminous intensity. Specifically: a) The luminous intensity from any luminaire at a height of 5 feet above ground level at a distance of 150 feet from the field perimeter shall not exceed the maximum values specified in CIE Table 2.3 to protect surrounding areas from excessive glare and light trespass. b) Lighting installations shall demonstrate compliance through a photometric report or equivalent modeling that references the maximum values referenced in F(3) above, ensuring that the design meets all applicable limits for glare and luminous intensity in all designated directions. 4) Initial lighting levels shall not exceed the target levels specified by the IESNA by more than 30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt depreciation. 5) All light fixtures/light poles shall not exceed the maximum height recommended by INESA for the specific recreation facility. be set back a minimum of one foot for every foot in height from any residential or agricultural property line or road right-of-way. G. Exemptions from Lighting Ordinance. The following lighting is exempt from the provisions of this section: 1) Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal or state agencies, to include street lights streetlights within a public or private right-of-way. 2) Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares. 3) Lighting located on properties developed with residential uses (unless regulated by Subsection E) or agricultural uses, including but not limited to residential security lighting controlled and activated by motion sensors or timing devices. 4) Lighting for holiday decorative purposes located on property used for residential purposes. 5) Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary. 23 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code - (Mr. Klein) Attachments: PC11-05-25_OA_R4District.pdf 24 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – R4 District DATE: October 14, 2025 Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. This ordinance amendment was initiated by staff. Current Standard: The R4 district is intended to be a higher density mixed-use/mixed-housing type district. As stated in the ordinance: The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. The R4 district standards section was last comprehensively updated in 2013. Meeting Summary & Requested Action: The Board of Supervisors authorized staff to proceed with committee review and to advertise for public hearings at their September 10, 2025, regular meeting. The Development Review and Regulations Committee discussed the proposed amendment on September 25, 2025, and were supportive of the proposed amendment. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. Questions about the proposed amendment should be directed to staff. 25 Page 2 MTK/pd Attachments: 1. Proposed Changes 09.19.25 2. Current (Adopted) Ordinance Text 26 Proposed Changes – R4 District Revised September 19, 2025 Chapter 165 – Zoning Ordinance Article V Planned Development Districts Part 501 R4 Residential Planned Community District §165-501.06 Design requirements. A. Minimum size. No planned community master development plan nor rezoning to the Residential Planned Community District shall be approved for less than 100 contiguous acres. C. Residential density. The maximum allowed gross density for residences in the planned community development shall be four units per acre. 27 PART 501 R4 Residential Planned Community District §165-501.01. Intent. [Amended 3-13-2013] The intention of the Residential Planned Community District is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R4 development. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. §165-501.02. Rezoning procedure. [Amended 11-12-2003] In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article VIII must also be completed concurrently with or following the consideration of the rezoning. §165-501.03. Permitted uses. [Amended 5-13-2015; 3-8-2023] All uses are allowed in the R4 Residential Planned Community District that are allowed in the following zoning districts: RP Residential Performance District B1 Neighborhood Business District A.Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B.Land dedication. Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C.Addition of land. The Board of Supervisors may approve the addition of land to an approved planned community through the procedures set forth in this chapter for the original approval of a planned community development. Frederick County, VA § 165-501.01 § 165-501.03 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 28 B2 Business General District B3 Industrial Transition District TM Technology-Manufacturing District M1 Light Industrial District § 165-501.04. Conditional uses. [Amended 5-25-2022; 3-8-2023] Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall include those uses allowed as conditional uses in the following zoning districts with an approved conditional use permit, provided that a conditional use permit is approved for the use: RP Residential Performance District B1 Neighborhood Business District B2 General Business District B3 Industrial Transition District TM Technology-Manufacturing District M1 Light Industrial District When a rezoning includes proffers that specifically identify allowance for designated conditional uses on the property that is subject to the rezoning, subsequent approval of a conditional use permit for any such designated conditional use(s) shall not be required as long as the use(s) takes place consistent with the terms of the proffers and any master development plan required for the property. § 165-501.05. Mixture of housing types required. Each planned community shall be expected to contain a mixture of housing types that is typical for existing and planned residential neighborhoods in Frederick County. No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak-link townhouses, townhouses or garden apartments or any combination of those housing types. § 165-501.06. Design requirements. A. Minimum size. No planned community master development plan nor rezoning to the Residential Planned Community District shall be approved for less than 100 contiguous acres. B. Dimensional requirements. (1) Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, B2 and M1 Zoning Districts. (2) Alternative dimensional requirement plan. An alternative dimensional plan may be Frederick County, VA § 165-501.03 § 165-501.06 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 29 included with the master development plan for the development. This plan shall describe a system of dimensional requirements for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter, applying to the land included in the development, and shall replace other dimensional requirements contained in this chapter. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices. [Added 6-9-1993] C. Residential density. The maximum allowed gross density for residences in the planned community development shall be four units per acre. D. Commercial and industrial areas. The areas used for commercial or industrial uses shall not exceed 50% of the gross area of the total planned community. Sufficient commercial and industrial areas shall be provided to meet the needs of the planned community, to provide an appropriate balance of uses and to lessen the overall impact of the planned community on Frederick County. A minimum of 10% of the gross area of the project shall be used for business and industrial uses. E. Open space. A minimum of 30% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors. [Amended 9-26-2012] F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Director of Planning in conjunction with the Department of Parks and Recreation. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. [Amended 9-26-2012] G. Buffers and screening. (1) Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Planned Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1, B2 and M1 Zoning Districts. Frederick County, VA § 165-501.06 § 165-501.06 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 30 (2) Alternative buffer and screening plan. An alternative plan for buffers and screening and the separation of uses may be included with the master development plan for the development. This plan shall describe a specific system of buffers, screening and use separation for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter applying to the land included in the development and shall replace other buffer and screening requirements contained in this chapter. Such alternative requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices. Buffer and screening requirements for the perimeter boundary of the planned community shall not be included in the alternative buffer and screening plans. [Added 6-9-1993] H. Sewer and water facilities. All planned community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority. I. Road access. All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. All roads in the development shall be provided with curbing and gutters. The Zoning Administrator may approve certain exceptions to the requirement for curbs and gutters, if determined to be acceptable by the Director of Public Works, in order to implement a particular stormwater management plan. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County. [Amended 9-26-2012] J. Pedestrian access. A system of pedestrian access, in the form of paved sidewalks or paved interior walkways, shall be provided to allow walking between every use, structure or recreational facility. Such walkways shall be connected with existing walkways adjacent to the planned community development. K. Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the total planned community development. L. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development. M. Phasing. A schedule of phases shall be submitted with each proposed planned community. The schedule shall specify the year in which each phase will be completely developed. No subdivision or site plans shall be approved in the planned community unless they are in accordance with the approved schedule. (1) If a Residential Planned Community District is proposed to be developed in phases, over a period of time, common open space shall be provided with each phase in proportion to the fraction of the total area of the development in each phase. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase. Frederick County, VA § 165-501.06 § 165-501.06 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 31 (2) Essential street entrances to the planned residential community shall be provided with the initial phases of the development. (3) A reasonable balance shall be maintained between residential and nonresidential uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development. [Amended 6-9-1993] N. Property owners' association. All phases of a planned community development shall be included under a single property owners' association according to the requirements of this chapter. O. Modifications; applicability of other regulations. [Amended 8-13-2003] (1) An applicant may request as part of an application for rezoning to the R4 District that a modification to specific requirements of the Subdivision Ordinance,1 this chapter or other requirements of the Frederick County Code applicable to physical development be granted. The applicant shall demonstrate that the requested modification is necessary or justified in the particular case by a demonstration that the public purpose of these ordinances, as applied to the particular case, would be met to at least an equivalent degree by such modification. The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission. (2) The applicant shall provide sufficient information to enable evaluation of the request by the Board of Supervisors. Materials submitted should include or be supplemented by: (a) Specification of the Code section(s) to be modified and the proposed alternative standard; (b) Exhibits demonstrating application of the modified standard such as a detailed plan and/or elevation drawing; and (c) Identification of the relationship of the modification to the overall community concept. (3) The planned community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part 501 or modified by the Board of Supervisors through the rezoning process. 1. Editor's Note: See Ch. 144, Subdivision of Land. Frederick County, VA § 165-501.06 § 165-501.06 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 32 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code - (Mr. Klein) Attachments: PC11-05-25_OA_TNDBOverlayDistrict.pdf 33 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – TNDB Overlay District DATE: October 20, 2025 Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Specifically, staff proposes increasing the maximum height allowed to 60-feet* and removing the restriction on habitable floors from a maximum of three (3). *60-feet corresponds to the maximum height allowed for a multistory residential building. This would enable true mixed-use type structures with ground floor commercial/retail and residences above. This ordinance amendment was initiated by staff at the request of a developer. Current Standard: As stated in the ordinance: The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. The TNDB district standards section was last comprehensively updated in 2008. Meeting Summary & Requested Action: The Board of Supervisors authorized staff to proceed with committee review and to advertise for public hearings at their September 10, 2025, regular meeting. The Development Review and Regulations Committee discussed the proposed amendment on September 25, 2025, and were supportive of the proposed amendment. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. Questions about the proposed amendment should be directed to staff. MTK/pd 34 October 20, 2025 Page 2 Attachments: 1. Proposed Changes 09.16.25 2. Current (Adopted) Ordinance Text 35 Proposed Changes – TNDB Drafted September 16, 2025 Chapter 165 – Zoning Ordinance Article VII Overlay Districts Part 705 TNDB Traditional Neighborhood Design-Business Overlay District §165-705.04 Use, density, dimensional and intensity regulations. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Requirement TNDB (Traditional Neighborhood Design-Business) Overlay District Minimum front yard setback on primary or arterial highways (feet) 30 Maximum front yard setback on primary or arterial highways (feet) 50 Minimum front yard setback on Collector or minor streets (feet) 10 Maximum front yard setback on collector or minor streets (feet) 20 Side yard setbacks (feet) -- Rear yard setbacks (feet) -- Floor area to lot area ratio (FAR) 1.00 Minimum landscaped area (percentage of lot area) 15% Maximum height (feet) 60 45 Maximum (number) of habitable floors 3 36 §165-705.01. Intent. §165-705.02. District boundaries. Properties that are included within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. §165-705.03. Establishment of districts. A.The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. B.The TNDB (Traditional Neighborhood Design-Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in Article VI of this chapter. Parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas. C.This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses, a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality and enhanced design and planning. A.The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design-Business) Overlay District, following the procedures of Article I of this chapter, to B1 Neighborhood Business District and B2 Business General District properties of less than 20 acres, upon concluding that: (1)The parcel is located within the Urban Development Area, or located in an area identified as a potential urban center or neighborhood village in the Comprehensive Plan which is located within the Sewer and Water Service Area. (2)The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. B.The TNDB (Traditional Neighborhood Design-Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall Frederick County, VA Downloaded from https://ecode360.com/FR1364 on 2025-08-25 37 § 165-705.04. Use, density, dimensional and intensity regulations. be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design-Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s). A. Use. Any use allowed in the underlying zoning district shall be allowed. Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district. B. Residential density. Maximum gross density shall be 10 units per acre. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Requirement TNDB (Traditional Neighborhood Design-Business) Overlay District Minimum front yard setback on primary or arterial highways (feet) 30 Maximum front yard setback on primary or arterial highways (feet) 50 Minimum front yard setback on Collector or minor streets (feet) 10 Maximum front yard setback on collector or minor streets (feet) 20 Side yard setbacks (feet) -- Rear yard setbacks (feet) -- Floor area to lot area ratio (FAR) 1.00 Minimum landscaped area (percentage of lot area) 15% Maximum height (feet) 45 Maximum (number) of habitable floors 3 D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. E. All other dimensional and intensity requirements of §§ 165-601.01 and 165-601.02 of this chapter shall apply. Frederick County, VA § 165-705.03 § 165-705.05 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 38 § 165-705.05. Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. § 165-705.06. Design standards. A. Required parking spaces. (1) Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and identified on the site plan for the development. (2) Number of required off-street parking spaces for residential dwelling units: Number of bedrooms Off-Street Parking Spaces Efficiency 1.0 1 1.0 2 plus 2.0 (3) Required parking spaces for commercial uses shall be in accordance with § 165-202.01 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. (4) On-street parking can be counted towards meeting the required parking in § 165-202.01 of this chapter, provided such parking is located within 400 feet of the subject principal use. B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot. C. All other regulations concerning off-street parking and parking lots shall be as required in § 165-202.01 of this chapter. A. A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development. B. Doors and entrances. Buildings must have a primary entrance door oriented towards the street or adjacent plazas, parks, squares, sidewalks or pedestrian passageways. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. C. Windows. A minimum of 40% of the street-facing building facades between two feet and eight feet in height must be comprised of windows that allow views of indoor space or product display areas. D. Central plaza. A plaza that is centrally located within the district shall be provided and shall Frederick County, VA § 165-705.05 § 165-705.06 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 39 § 165-705.07. Master Development Plan (MDP). be a minimum of 5,000 square feet in area or 2% of the total acreage of the site, whichever is greater. At least one side of the plaza shall adjoin a road. The plaza shall include public amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minimum of two stories. E. Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances and along all streets. Sidewalks located along primary building entrances utilized for the general public shall be a minimum of 10 feet wide. All other sidewalks shall be a minimum of five feet wide. F. Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along any road within the proposed overlay district. Trails shall be a minimum of 10 feet wide and have a paved surface. G. Buffers and screening. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section. (1) Buffers and screening requirements shall be provided as required in § 165-203.02 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road rights-of-way which border the development. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § 165-203.02 may be reduced, provided the full screening requirements of the section are met. (2) Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas. H. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than 10 feet from rights-of-way. Acceptable trees shall be based on the list of street trees include in § 165-203.01B of this chapter. Street trees shall be a minimum of three-inch caliper at the time of planting. A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay District for sites less than 10 acres in accordance with § 165-801.03C(2) through (6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay District, provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: (1) The proposed location and arrangement of all street and utility systems. (2) The proposed location of entrances to the development from existing streets. (3) A conceptual plan for stormwater management and description of the location of all Frederick County, VA § 165-705.06 § 165-705.07 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 40 § 165-705.08. Signage. stormwater facilities designed to serve more than one parcel. (4) The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. B. All other regulations concerning master development plans shall be as required in Article VIII of this chapter. A. Projecting signs. Signs which project from the face of the building shall be permitted subject to the following: (1) The maximum sign area shall be six square feet on any side of the building. (2) The distance from the lower edge of the signboard to the ground shall be eight feet or greater. (3) The height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single-story buildings, or the height of the sill or bottom of any second-story window for multi-story buildings. (4) The distance from the building to the signboard shall not exceed six inches. (5) The width of the signboard shall not exceed three feet. B. Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions: (1) Maximum of eight square feet of signage area on an awning. (2) No backlit awnings are allowed. C. Wall-mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear foot of building frontage, provided that the total area of the wall-mounted sign does not exceed 150 square feet. Wall-mounted signs shall not exceed 18 feet in height. D. Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height. E. All other sign regulations shall be as required in § 165-201.06 of this chapter for the underlying zoning district. Frederick County, VA § 165-705.07 § 165-705.08 Downloaded from https://ecode360.com/FR1364 on 2025-08-25 41 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Action Item Title: Rezoning #08-25 Eastgate Commerce Center - (Mr. Klein) Attachments: PC11-05-25_REZ08-25_Redacted.pdf 42 REZONING #08-25 Eastgate Commerce Center (DRB Group Mid- Atlantic LLC) Staff Report for the Planning Commission Prepared: October 28, 2025 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Planning Commission: November 5, 2025 Action: Pending (Action Item) Board of Supervisors: November 12, 2025 Action: Pending (Action Item) Property Information Property Identification Number (PIN) 76-A-53 Address 2850 Front Royal Pike, Stephens City Magisterial District Shawnee Acreage +/- 30.40 Zoning & Present Land Use Zoning: B2 (General Business) Land Use: Vacant Proposed Zoning B2 with modified proffers Adjoining Property Zoning & Present Land Use North: RA (Rural Area) Land Use: Residential & Vacant South: M1 (Light Industrial) Land Use: Vacant East: RA (Rural Area) Land Use: Residential West: B2 (General Business) Land Use: Vacant Proposed Use This is a request for a minor proffer amendment to amend proffers associated with REZ #002- 97 – Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five (5) to six (6) and removing the proffer requiring a thirty foot (30’) wide road efficiency buffer along Tasker Road. Positives Concerns The proposed rezoning (minor proffer amendment) does not amend the zoning district (B2) or permitted uses enabled under REZ #002-97. Road efficiency buffers are not typically required for commercial development, and the The elimination of the road efficiency buffer proffer may make the ultimate widening of Tasker Road, to the planned 105-feet-wide ultimate condition, difficult. The proposed proffer statement does not address how future widening could be accommodated without the road efficiency buffer. 43 Page 2 of 5 uses across Tasker Road are commercial and industrial, and would otherwise not require a buffer. Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/28/2025 “VDOT has reviewed the rezoning application for the Wright's Run project which is an amendment to the #002-97 rezoning. The Frederick County Comprehensive Plan identifies Tasker Road as a future divided four-lane roadway (U4D). The existing right-of-way for Tasker Road along the subject property is 80' which is insufficient to accommodate a typical U4D section which requires approximately 105' of right-of- way. The elimination of the efficiency buffer may make the ultimate widening of Tasker Road difficult. Further, the additional entrance proposed on Tasker Road appears to meet spacing standards and would be acceptable as a right-in/right-out entrance so long as it's not located within the functional area of the adjacent intersection (subject to review of final site plan).” Not addressed. Frederick Water 01/20/2025 “The requested proffer amendment to eliminate a 30-ft Road Efficiency Buffer and its evergreen tree plantings along Tasker Road is logical as the trees should not be placed atop the existing gas, water, sewer, and drainage easements. These existing utility and drainage easements parallel Tasker Road and conflict with the existing planting requirements of the Road Efficiency Buffer proffer, Frederick Water supports the 44 Page 3 of 5 elimination of the proffered evergreen landscape features. Any entrances established should respect the existing easements and provide for appropriate casings/reinforcements to protect the utilities while crossing with new entrance roads.” Frederick County Public Works 12/20/2024 “We offer no comment at this time.” Frederick County Fire Marshal 12/13/2024 “Future development shall comply with the Frederick County Fire Prevention Code and other applicable codes pertaining to life safety.” Frederick County Attorney 01/23/2025 Legal form. Comments addressed. Planning & Zoning Staff Analysis: Site History: The previous rezoning application (REZ #002-97) was approved by the Board of Supervisors on August 13, 1997, and rezoned the subject property and a larger area (known as “Eastgate Commerce Center”) from RA (Rural Areas), B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial) zoned land to B2, B3, and M1 zoned land with proffers. Since then, this area of the County has developed with a shopping center, convenience uses, and industrial uses. The remaining 30.40-acres of B2 on the north side of Tasker Road (i.e. the subject property), remains undeveloped. 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 “business” 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 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 45 Page 4 of 5 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.” The proposed minor proffer amendment and existing zoning (B2) is otherwise in conformance with the Plan future land use policies. Transportation & Site Access: REZ #002-97 limited street intersection to Tasker Road to five (5) streets that would create three (3) intersections with Tasker Road. The proposed rezoning seeks to enable an additional connection, enabling six (6) streets and four (4) intersections with Tasker Road. Tasker Road is identified in the Comprehensive Plan as an “improved major collector.” Currently, Tasker Road right-of-way (ROW) is 80-feet (FT)-wide. To meet the envisioned “improved major collector” roadway, 105-FT of ROW would be required. As noted in the VDOT comment letter, the elimination of the road efficiency buffer may make future widening of Tasker Road difficult. The proposed proffer statement does not address how future widening could be accommodated without the road efficiency buffer. Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (Revision Date 08/18/2025) Staff Comment Entrance Connections No comment. Thirty Foot (30’) Wide Road Efficiency Buffer The elimination of the road efficiency buffer proffer may make the ultimate widening of Tasker Road, to the planned 105-feet-wide, difficult. The proposed proffer statement does not address how future widening could be accommodated without the road efficiency buffer. 46 Page 5 of 5 Below is the Generalized Development Plan (GDP) dated August 26, 2025 which depicts the proposed (revised) connections to Tasker Road. This is a minor proffer amendment not requiring a public hearing. Following a public meeting, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this rezoning application. 47 76 A 65HORTONINVESTMENTS LLC EASTGATECOMMERCE CENTERSubdivision £¤522 76 A 53 225WHITEOAK RD 280MARANTOMANOR DR 195RAINVILLE RD 201MARANTOMANOR DR 251MARANTOMANOR DR 141RAINVILLE RD 170MARCEL DR 2861FRONTROYAL PIKE 141MARCEL DR 2835FRONTROYAL PIKE 2805FRONTROYAL PIKE 2776FRONT ROYALPIKE 141GEMSTONE DR2750FRONTROYAL PIKE 2751FRONT ROYALPIKE 200GEMSTONE DR 2731FRONTROYAL PIKE 155FRIESLOOP RD 2674FRONTROYAL PIKE 171FRIES LOOP RD 171FRIESLOOP RD 2678FRONT ROYALPIKE 172FRIESLOOP RD 153FRIESLOOP RD 1802MACEDONIACH RD 152FRIESLOOP RD 151FRIESLOOP RD 2587FRONTROYAL PIKE 2606FRONTROYAL PIKE MARCEL DRG E M S TO N E D RFRONTROYALPIKE RAINVILLE RDFRIESLOOP RD F R ONT R OY AL P I K E T A S K E R R D MARANTO MANOR DR F R ONT R OYAL P I KE TASKER RD Application Parcels Sewer and Water Service A rea µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 15, 2025 £¤522 FRIESLOOP RDTASKER RD M A C E D O N I A C H U R C H R D F RONT ROYAL PI KEF R O N T R O Y A L PIK ERITTER RDFARROWDRWHITE OAK RDBALLSBLUFFWAY ARME L RD RAINVILLE RDTADPOLELNLA R U E L NMARCELDR KATHLEENCTW R IG H T S R U N L N HOMEPLACE CTKNIGHT DRTADPOLE LNArmel 0 500 1,000250 Feet REZ # 08 - 25: Eastgate Commerce CenterPIN: 76 - A - 53Minor Proffer AmendmentLocation Map REZ #08-25 48 76 A 65HORTONINVESTMENTS LLC EASTGATECOMMERCE CENTERSubdivision £¤522 76 A 53 225WHITEOAK RD 280MARANTOMANOR DR 195RAINVILLE RD 201MARANTOMANOR DR 251MARANTOMANOR DR 141RAINVILLE RD 170MARCEL DR 2861FRONTROYAL PIKE 141MARCEL DR 2835FRONTROYAL PIKE 2805FRONTROYAL PIKE 2776FRONT ROYALPIKE 141GEMSTONE DR2750FRONTROYAL PIKE 2751FRONT ROYALPIKE 200GEMSTONE DR 2731FRONTROYAL PIKE 155FRIESLOOP RD 2674FRONTROYAL PIKE 171FRIES LOOP RD 171FRIESLOOP RD 2678FRONT ROYALPIKE 172FRIESLOOP RD 153FRIESLOOP RD 1802MACEDONIACH RD 152FRIESLOOP RD 151FRIESLOOP RD 2587FRONTROYAL PIKE 2606FRONTROYAL PIKE MARCEL DRG E M S TO N E D RFRONTROYALPIKE RAINVILLE RDFRIESLOOP RD F R ONT R OY AL P I K E T A S K E R R D MARANTO MANOR DR F R ONT R OYAL P I KE TASKER RD Application Parcels Sewer and Water Service A rea B2 (General Business District) B3 (Industr ial Transition District) M1 (Light Industrial District) RP (Residential Per form ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 15, 2025 £¤522 FRIESLOOP RDTASKER RD M A C E D O N I A C H U R C H R D F RONT ROYAL PI KEF R O N T R O Y A L PIK ERITTER RDFARROWDRWHITE OAK RDBALLSBLUFFWAY ARME L RD RAINVILLE RDTADPOLELNLA R U E L NMARCELDR KATHLEENCTW R IG H T S R U N L N HOMEPLACE CTKNIGHT DRTADPOLE LNArmel 0 500 1,000250 Feet REZ # 08 - 25: Eastgate Commerce CenterPIN: 76 - A - 53Minor Proffer AmendmentZoning Map REZ #08-25 49 76 A 65HORTONINVESTMENTS LLC EASTGATECOMMERCE CENTERSubdivision £¤522 76 A 53 225WHITEOAK RD 280MARANTOMANOR DR 195RAINVILLE RD 201MARANTOMANOR DR 251MARANTOMANOR DR 141RAINVILLE RD 170MARCEL DR 2861FRONTROYAL PIKE 141MARCEL DR 2835FRONTROYAL PIKE 2805FRONTROYAL PIKE 2776FRONT ROYALPIKE 141GEMSTONE DR2750FRONTROYAL PIKE 2751FRONT ROYALPIKE 200GEMSTONE DR 2731FRONTROYAL PIKE 155FRIESLOOP RD 2674FRONTROYAL PIKE 171FRIES LOOP RD 171FRIESLOOP RD 2678FRONT ROYALPIKE 172FRIESLOOP RD 153FRIESLOOP RD 1802MACEDONIACH RD 152FRIESLOOP RD 151FRIESLOOP RD 2587FRONTROYAL PIKE 2606FRONTROYAL PIKE MARCEL DRG E M S TO N E D RFRONTROYALPIKE RAINVILLE RDFRIESLOOP RD F R ONT R OY AL P I K E T A S K E R R D MARANTO MANOR DR F R ONT R OYAL P I KE TASKER RD Application Parcels Sewer and Water Service A reaLong R ange Land Use Neighborhood Village Business Mixed Use Industrial/O ffice Industrial Rural Community Center Residential, 4 u/a Environmental & Recreational Resources µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 15, 2025 £¤522 FRIESLOOP RDTASKER RD M A C E D O N I A C H U R C H R D F RONT ROYAL PI KEF R O N T R O Y A L PIK ERITTER RDFARROWDRWHITE OAK RDBALLSBLUFFWAY ARME L RD RAINVILLE RDTADPOLELNLA R U E L NMARCELDR KATHLEENCTW R IG H T S R U N L N HOMEPLACE CTKNIGHT DRTADPOLE LNArmel 0 500 1,000250 Feet REZ # 08 - 25: Eastgate Commerce CenterPIN: 76 - A - 53Minor Proffer AmendmentLong Range Land Use Map REZ #08-25 50 51 52 SYNERGY REALTY INVESTMENTS LLC TAX MAP No. 76-A-51B INSTR. #230005030 ZONED: RA FREDERICK COUNTY SANITATION AUTHORITY TAX MAP No. 76-A-530 DB. 866 PG. 1324 ZONED: B2 BROWN LAURA JENNIFER AND BROWN DOUGLAS M. TAX MAP No. 76-A-52 INSTR. #210017484 ZONED: RA STROSNIDER DONALD LESLIE AND STROSNIDER DOUGLAS M. ETALS TAX MAP No. 76-A-51C INSTR. #190006962 ZONED: RA EX. POND E X . P O N D EX. TASKER ROAD - ROUTE 642 VARIABLE WIDTH PUBLIC RIGHT-OF-WAY MAJOR COLLECTOR EX. F R O N T R O Y A L P I K E - R O U T E 5 2 2 VA R I A B L E W I D T H P U B L I C R I G H T - O F - W A Y MI N O R A R T E R I A L 2 5 ' IN AC T I V E BU F F E R APPROX. LOCATION EX. SANITARY MANHOLE LIMITS OF APPLICATION (TYP.) LIMITS OF APPLICATION (TYP.) EX. ENTRANCE APPROVED WITH REZ #002-97 (TYP.) PROPOSED ACCESS POINT (SEE NOTE) BOARD OF SUPERVISORS TAX MAP No. 76-A-53N INSTR. #250048699 ZONED: B2 WAL-MART STORES EAST LP TAX MAP No. 76-A-53I INSTR. #070017760 ZONED: B2 EX. INGRESS/EGRESS EASEMENT DB 866 PG 1318 EX. TEMPORARY CONSTRUCTION EASEMENT INSTR# 240006052 EX. 30' FREDERICK WATER EASEMENT INSTR# 240006052 EX. 20' PEDESTRIAN TRAIL EASEMENT INSTR# 090007744 EX. 20' PEDESTRIAN TRAIL EASEMENT INSTR# 090007744 EX. 10' WASHINGTON GAS EASEMENT INSTR# 0400020716 EX. 80' ELECTRIC POWER EASEMENT DB 734 PG 858 EX. 10' WASHINGTON GAS EASEMENT INSTR# 0400020716 EX. 20' FREDERICK WATER EASEMENT DB 866 PG 1309 EX. 20' FREDERICK WATER EASEMENT DB 866 PG 1309 EX. 30' FREDERICK WATER EASEMENT DB 866 PG 1309 EX. SIGNALIZATION EASEMENT INSTR# 090007744 EX. SIGNALIZATION EASEMENT INSTR #090007744 EX. PERMANENT SLOPE AND DRAINAGE EASEMENT DB 844 PG1037 APPROX. LOCATION EX. SANITARY MANHOLE EX. SLOPE AND DRAINAGE EASEMENT DB 844 PG 1037 INSTR# 090007744 EX. SLOPE AND DRAINAGE EASEMENT DB 844 PG 1037 INSTR# 090007744 EX. PERMANENT SLOPE AND DRAINAGE EASEMENT DB 821 PG 914 EX. SLOPE AND DRAINAGE EASEMENT DB 844 PG 1037 INSTR# 070005318 SHEN VALLEY LLC TAX MAP No. 76-A-53H INSTR. #050020777 ZONED: M1 HERITAGE PLACE LC TAX MAP No. 76-A-53D DEED BOOK 895 PAGE 528 ZONED: M1 WRIGHTS RUN LP TAX MAP No. 76-A-53A INSTR. #050020644 ZONED: M1 DRB GROUP MID-ATLANTIC, LLC TAX MAP No. 76-A-53 INSTR. #250005912 ZONED: B2 EASTGATE DRIVE(EX. MARCEL DRIVE)WRIGHTS RUN ROAD(EX. RAINVILLE ROAD)RAMS HEAD ROADAMEL CIRCLEBEARCATCIRCLEX X DRB GROUP MID-ATLANTIC, LLC TAX MAP No. 76-A-53A INSTR. #250005911 ZONED: B2 N82° 1 2' 5 6" W 7 2 6. 2 2' S82° 1 5' 0 8" E 9 4 4. 3 2' S 0 1 ° 0 0 ' 1 1 "W 2 4 0 . 6 0 ' S 0 1 ° 1 7 ' 5 6 "W 2 2 7 . 5 3 ' S81° 4 0' 4 4" E 4 5 7. 7 3' S2 0 ° 5 2 ' 0 2 " E 6 3 2 . 7 2 ' N67°35'0 6 " W 1 2 0 . 6 3' N51°27'07"W 96.19' L6 S85°13'15"W 141.75' N50°36'10"W 658.66'N50°36'10"W 280.00'N50°36'10"W 330.48' N46°01'34"W 151.48'N63°44'13" W 1 5 4 . 0 3 ' N37°28' 0 7 " W 1 5 4 . 0 3 ' 5' PA R KI N G S E T B A C K 10' PARKING SETBACK 35' BUILDING SETBACK 2 5 ' AC T I V E BU F F ER 5' PARKING SETBACK 10' PARKING SETBACK 50' BUILDING SETBACK 10' PARKING SETBACK 35' BUILDING SETBACK C6L5C5C 4 L7 C3C2L8 C1L9 L4L1 L2L3 L1 L2 S69°23'50"W N51°19'42"W 29.84' 60.00' LINE TABLE LINE L3 L4 L5 L6 L7 L8 BEARING N39°23'50"E S50°36'10"E N50°36'10"W N50°36'10"W N50°36'05"W DISTANCE 40.00' 80.00' 40.00' 80.00' 60.00' 57.65' S39°23'50"W N62°08'02"W 105.75' L9 CURVE TABLE CURVE C1 C2 C3 C4 C5 C6 ARC LENGTH 62.83' 62.83' 62.83' 64.72' 272.41' 63.02' RADIUS 40.00' 40.00' 40.00' 40.00' 725.00' 40.00' DELTA 90°00'00" 90°00'00" 90°00'00" 92°42'05" 21°31'41" 90°16'10" TANGENT 40.00' 40.00' 40.00' 41.93' 137.83' 40.19' CHORD 56.57' 56.57' 56.57' 57.89' 270.81' 56.70' CHORD BEARING N84°23'50"E S05°36'10"E N84°23'50"E S06°57'30"E N80°09'40"E N24°15'45"E EXHIBIT# 3629-0302-0002 EASTGATE COMMERCE CENTER G:\PROJECT\ENGIN\3629\0302\PHASE 1000 - MDP\EXHIBITS\3629-0302-0002 EASTGATE COMMERCE CENTER GDP.DWG 08.26.2025 4501 Daly Drive Chantilly, VA 20151 Phone: 703-263-1900 www.gordon.us.com PROGRAMMING AND PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE SURVEY AND MAPPING SECURITY CONSULTING GENERALIZED DEVELOPMENT PLAN GRAPHICAL SCALE: 1" = 100' 100 50 0 100 200 300 SHEET 1 OF 1 NOTES: "PROPOSED LAND BAY ACCESS POINT" IS SUBJECT TO FINAL APPROVAL/COORDINATION WITH VDOT AND IS SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY.TADPOLE LN.SITE T A S K E R R O A D R O U T E 6 4 2 FRONT ROYAL P IKEROUTE 522RITTER ROADROUTE 643ARMEL ROAD ROUTE 642 MACEDONIA OAK R D.CHURCHROA D WHIT E OAK RD.WHITE53 1 APPLICANT / CONTACT: DRB Group Mid-Atlantic LLC C/O Mr. Matthew Powell 10313 Arnett Drive Suite 101 Hagerstown, MD 21740 EMAIL: mpowell@drbgroup.com OWNER: DRB Group Mid-Atlantic LLC EASTGATE COMMERCE CENTER SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 08/26/2025 PREPARED BY: CONTACT: CURTIS MASON 4501 DALY DRIVE CHANTILLY, VA 20151 703-262-1900 IMPACT ANALYSIS STATEMENT 54 2 WRIGHTS RUN INTRODUCTION The purpose of this report is to assess the impact on Fredrick County by the minor proffer amendment of a 30.40 acre property identified as Tax Map Parcel 76-A-53. The subject property is located on the north side of Tasker Road (Route 642) and the west side of Front Royal Pike (Route 522). The 30.40 acre property is zoned B2, General Business District. This application proposes to amend proffers associated with Rezoning Application #002-97 – Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five to six, and removing the proffer requiring a thirty foot (30’) wide road efficiency buffer along Tasker Road. These amendments are to improve the efficiency of future traffic and effectiveness of future commercial development. Successful entitlement will allow the property to be marketed/developed with any of the allowed and conditional uses as permitted by the respective zoning districts. Those types of uses support the business development focus and goals of the Comprehensive Plan and benefit the community through economic development opportunities. BASE INFORMATION LOCATION: THE NORTH SIDE OF TASKER ROAD (ROUTE 642) AND THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522). MAGISTERIAL DISTRICT: SHAWNEE DISTRICT PROPERTY ID #: 76-A-53 CURRENT ZONING: B2 (GENERAL BUSINESS DISTRICT) CURRENT USE: VACANT TOTAL PARCEL AREA: 30.40 AC 55 3 COMPREHENSIVE PLAN The Eastgate Commerce Center proffer modification application lies in the Eastern Frederick Urban Area Plan, per the 2035 Comprehensive Plan. Previous approvals for the property have designated the project’s intended use to be General Business. The property is within the Sewer and Water Service Area (SWSA). This proposal supports the intended business development goals envisioned by the County for this area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan and provide more complimentary uses adjacent to Tasker Road and Front Royal Pike, helping support the establishment of commercial land uses on the property. SUITABILITY OF THE SITE The subject parcel has environmental features, such as wetland and steep slopes. With meticulous site planning and engineering, land disturbance will be limited and in accordance with applicable regulatory standards. Wetlands The National Wetlands Inventory Map has identified two wetland features on the property. Any disturbance to these features will be limited and in accordance with applicable regulatory standards. A more detailed environmental investigation will be completed prior to site plan approval and start of construction. Any wetland impacts required with the site plan will be processed to comply with all County, State, and Federal regulations. Soils and Steep Slopes Per the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database, the property contains four soil types. The following soil types are:  W Water  U Clearbrook Channery Silt Loams 2-7% slope  I Weikert-Berks Channery Silt Loams 2-7% slope  I Weikert-Berks Channery Silt Loams 7-15% slope Provided that proper drainage and grading are maintained during and after construction, the existing soils onsite are suitable for site construction. Any implications for site development due to existing soil characteristics can be managed through proper site engineering and construction techniques. Steep slopes (areas of 35% slope or greater) exist along the frontage of Tasker Road. 56 4 These slopes are man-made and associated with the construction of Tasker Road, and may be disturbed, as necessary, to implement the project grading and stormwater management systems. Surrounding Properties NORTH  Existing residential uses and vacant  Zoned: RA (Rural Area District) and B2 (General Business District) SOUTH  Tasker Road (Route 642) and existing commercial uses  Zoned: B2 (General Business District) EAST  Front Royal Pike (Route 552) and existing residential uses  Zoned: RA (Rural Area District) WEST  Tasker Road (Route 642) and existing light industrial uses  Zoned: M1 (Light Industrial District) TRANSPORTATION The Eastgate Commerce Center project will be served by a safe and efficient transportation network designed and constructed to accommodate both automobile and truck traffic. External to the property, the road system consists of Front Royal Pike (Route 522) and Tasker Road (Route 642). Front Royal Pike is a four-lane minor arterial roadway and Tasker Road is a two-lane major collector road. Using the current updated land use plan and through extensive VDOT coordination, a traffic impact study (TIS) is currently being prepared for this application. SEWAGE CONVEYANCE & WATER SUPPLY Frederick Water will provide sanitary sewer service via an existing 8” sewer line that connects to the Eastgate Pump Station along the frontage of Tasker Road. Pursuant to Frederick Water requirements, this infrastructure will be expanded to serve the entire subject property and enable gravity flow to the existing main (where possible). Water is currently served by an existing 12” water main located near the Eastgate Pump Station, which will also be expanded to serve the entire subject property, pursuant to Frederick Water requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the subject property. Actual water and sewerage flows will be determined and provided at the time of final site engineering. 57 5 SITE DRAINAGE Existing drainage patterns on the subject property will not be significantly altered as a result of this proffer modification. Stormwater BMP’s and dry ponds will be employed to meet local, state, and federal stormwater development requirements. Adverse stormwater discharge impacts will be mitigated through stormwater design and erosion control practices. Design of temporary and permanent facilities will be provided with final engineering and will comply with all County, State, and Federal regulations. SOLID WASTE DISPOSAL The amount of solid waste disposed from the subject property will not be increased because of this proffer modification; therefore, it will not negatively affect the County’s disposal facilities. Private carriers will be contracted by the individual users to collect and deposit solid waste from the project into the Frederick County landfill. HISTORICAL SITES AND STRUCTURES The Eastern Frederick Land Use Plan does not identify any known historic sites or structures on the subject property. The proposed proffer modification will not create any negative impacts to any historical resources. Additionally, prior to approval of the first site plan associated with the subject property, a Phase 1 Archaeological Investigation will be conducted. 58 59 60 61 62 63 64 1 Chris Giangi To:Curtis Mason Subject:RE: Wright's Run Rezoning (Proffer Amendment) From: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Sent: Tuesday, January 28, 2025 12:03 PM To: Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov>; Curtis Mason <cmason@gordon.us.com>; Amy Feltner <alight@fcva.us> Cc: Tyler Klein (tklein@fcva.us) <tklein@fcva.us> Subject: Wright's Run Rezoning (Proffer Amendment) Amy, VDOT has reviewed the rezoning application for the Wright's Run project which is an amendment to the #002-97 rezoning. The Frederick County Comprehensive Plan identifies Tasker Road as a future divided four-lane roadway (U4D). The existing right-of-way for Tasker Road along the subject property is 80' which is insufficient to accommodate a typical U4D section which requires approximately 105' of right- of-way. The elimination of the efficiency buffer may make the ultimate widening of Tasker Road difficult. Further, the additional entrance proposed on Tasker Road appears to meet spacing standards and would be acceptable as a right-in/right-out entrance so long as it's not located within the functional area of the adjacent intersection (subject to review of final site plan). Joseph W. Johnson, PE Area Land Use Engineer / Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike / Edinburg, VA 22824 Phone #540.534.3223 josephw.johnson@vdot.virginia.gov From: Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov> Sent: Tuesday, January 21, 2025 3:20 PM To: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Subject: Fw: Wrights Run Rezoning / Tasker Woods - Residential Layout 65 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 requested proffer amendment to eliminate a 30-ft Road Efficiency Buffer and its evergreen tree plantings along Tasker Road is logical as the trees should not be placed atop the existing gas, water, sewer, and drainage easements. These existing utility and drainage easements parallel Tasker Road and conflict with the existing planting requirements of the Road Efficiency Buffer proffer, Frederick Water supports the elimination of the proffered evergreen landscape features. Any entrances established should respect the existing easements and provide for appropriate casings/reinforcements to protect the utilities while crossing with new entrance roads. Frederick Water Signature & Date: _____________________1/20/2025___ Notice to Frederick Water - Pleas rn 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. 66 67 68 69 COUNTY OF FREDERICK Austin Cano Acting County Attorney 540/722-8383 E-mail Austin.cano@fcva.us January 23, 2025 VIA E-MAIL Mr. Curtis Mason 4501 Daly Drive Suite 200 Chantilly, Virginia 20151 Re: Amended Proffer Statement – Wrights Run LP Tax Parcel Number 76-A-53 (the “Property”) Dear David: You have submitted to Frederick County for review a proposed proffer statement amendment (the “Proffer Statement”) for the existing Property, 30.40 acres in the Shawnee Magisterial District, in the B2 (General Business) Zoning District, with proffers. I have now reviewed the Amended Proffer Statement and it is my opinion that the Amended Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and legally sufficient as a proffer statement, without any additional comments I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Austin K. Cano Acting County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Real Estate Taxes Paid for Tax Year 2025 Map Number: 76 A 53 Account#: 8024287 Dept#Ticket#Seq#Owner Name Bill Date Description Tax Paid RE2025 47787 1 DRB GROUP MID- ATLANTIC LLC 4/15/2025 30.40 ACRES $7,161.36 Total Paid: $7,161.36 This amount represents payments applied during calendar year 2025 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFF, JR 9/23/25, 4:40 PM Frederick County Taxes Paid https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 1/189 Planning Commission Agenda Item Detail Meeting Date: November 5, 2025 Agenda Section: Other Title: Current Planning Applications Attachments: 90