HomeMy WebLinkAboutPCAgenda2026July11.Call to Order
2.Invocation
3.Pledge of Allegiance
4.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
5.Meeting Minutes
5.A.April 15, 2026 Meeting Minutes
6.Committee Reports
7.Citizen Comments
8.Public Hearings
8.A.Rezoning #05-26 for Busy Beez (Clear Brook Rentals, LLC) - (Mr. Bittner)
Submitted to rezone +/- 0.56-acres from B2 (General Business) Zoning District with
proffers to B2 (General Business) Zoning District with revised proffers. The property is
located at 4489 Martinsburg Pike, Clear Brook, and is identified by Property
Identification Number 33-A-93 in the Stonewall Magisterial District.
8.B.Rezoning #06-26 for Hopewell Highway Commercial Center (Winchester
131, LLC & Winchester 125, LLC) - (Mr. Klein)
AGENDA
PLANNING COMMISSION
WEDNESDAY, JULY 1, 2026
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC07-01-26MinutesApril15.pdf
PC07-01-26_REZ05-26_Redacted.pdf
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Submitted to rezone +/- 40.48-acres acres from the RA (Rural Areas) Zoning District
and the B2 (General Business) Zoning District to the B2 Zoning District and the IA
(Interstate Area) Overlay District with proffers to develop commercial uses. The
properties are located at 3425 Martinsburg Pike, Clear Brook, and north of Hopewell
Road (Route 672), east of Interstate 81 and west of Martinsburg Pike (Route 11) and
are identified by Property Identification Numbers 33-A-114A, 33-A-122, and 33-A-163 in
the Stonewall Magisterial District.
8.C.Conditional Use Permit #02-26 for Lamar Rosenberry - (Mrs. Feltner)
Submitted to utilize an existing detached garage for an Automotive Repair/Public
Garage. The subject property is located at 730 Pack Horse Road, Winchester, and is
identified with Property Identification Number 07-6-2 in the Gainesboro Magisterial
District.
9.Other
9.A.Current Planning Applications
10.Adjourn
PC07-01-26_ REZ06-26_TrafficImpactAnalysis_Redacted.pdf
PC07-01-26_REZ06-26_Redacted.pdf
PC07-01-26_CUP02-26_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: July 1, 2026
Agenda Section: Meeting Minutes
Title: April 15, 2026 Meeting Minutes
Attachments:
PC07-01-26MinutesApril15.pdf
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Frederick County Planning Commission Page 4260
Minutes of April 15, 2026
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 April 15, 2026.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Charles Markert, Red Bud District; Elizabeth D. Kozel, Shawnee 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; John J.
Lamanna, Member at Large.
ABSENT: Joseph M. Crane, Gainesboro District; Kevin Sneddon, Opequon District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Shannon L. Conner, Administrative Guaranty Coordinator; Andrew R. Fox, County
Attorney.
CALL TO ORDER
Chairman Stowe called the April 15, 2026 meeting of the Frederick County Planning
Commission to order at 7:00 p.m.
INVOCATION
Pastor Bobby Alger from Crossroads Community Church delivered the invocation.
PLEDGE OF ALLEGIANCE
Commissioner Thomas led the Pledge of Allegiance.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
Minutes
Upon motion made by Commissioner Markert and seconded by Commissioner Thomas,
the Planning Commission unanimously adopted the minutes from the February 4, 2026 and February 18,
2026 meetings.
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Frederick County Planning Commission Page 4261
Minutes of April 15, 2026
COMMITTEES
Development Review and Regulations Committee – 03/26/26
Commissioner Kozel reported that the Committee was presented the proposal for Phase 1
of the Zoning Ordinance reorganization and the proposal for the Phase 1 Subdivision Ordinance. Members
commented the changes were easier to use and the tables were great. Also presented was a proposal for
Residential Buffer modification. The Committee was not in favor of the changes and would prefer to
examine the change as a broader community design rather than the single change. The Committee noted
more information will be needed along with a more comprehensive examination of the entire section
Conservation Easement Authority – 03/26/26
Commissioner Markert reported the Planning Department has purchased a canopy with the
County logo to be used for various events. He shared the list of upcoming events for the CEA. The
Authority was presented an updated on the website status.
Transportation Committee – 03/23/26
Chairman Stowe reported the Committee was presented an updated on SmartScale and
current County projects. He noted that the Automated Enforcement of the speedzone cameras have been
turned on and in effect now.
Board of Supervisors – 04/08/26
Supervisor Orndorff, Board of Supervisor Liaison, reported the Board approved REZ #02-
26 of Plasters HVAC located at 161 Commonwealth Court. The Board revoked CUP #03-25 for (A Cut
Above) 172 Fire House LLC and Barbara Singhas.
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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.
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Frederick County Planning Commission Page 4262
Minutes of April 15, 2026
PUBLIC HEARING
Ordinance Amendment to the Frederick County Code Chapter 165
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this item is for modifications to Chapter 165,
Zoning Ordinance to reorganize the chapter, to remove any redundant and conflicting language, and to
convert narrative standards into tables and graphics, where appropriate. The amendment also adds or
modifies provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not
codified in the current Zoning Ordinance.
Caroline Vanterve, AICP, Principal Planner, of the Berkley Group came forward and
shared a presentation of the elements of the update.
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 Kozel and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of modifications to the Ordinance Amendment to the Frederick County Code Chapter 165.
Ordinance Amendment to the Frederick County Code Chapter 144
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this item is for modifications to Chapter 144,
Subdivision Ordinance to reorganize the chapter, to remove any redundant and conflicting language, and
to convert narrative standards into tables and graphics, where appropriate. The amendment also adds or
modifies provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not
codified in the current Subdivision Ordinance.
Caroline Vanterve, AICP, Principal Planner, of the Berkley Group came forward and
shared a presentation of the elements of the update.
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 Kozel and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Ordinance Amendment to the Frederick County Code Chapter 144.
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Frederick County Planning Commission Page 4263
Minutes of April 15, 2026
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 Whitacre and unanimously
passed. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
_________________________
Tim Stowe, Chairman
_________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: July 1, 2026
Agenda Section: Public Hearings
Title: Rezoning #05-26 for Busy Beez (Clear Brook Rentals, LLC) - (Mr. Bittner)
Attachments:
PC07-01-26_REZ05-26_Redacted.pdf
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REZONING #05-26
Clearbrook Rentals, LLC
Staff Report for the Planning Commission
Prepared: June 22, 2026
Staff Contact: Eric Bittner, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: June 3, 2026
Planning Commission July 1, 2026
Action: Public Hearing; Deferred
Action: Public Hearing, Pending
Board of Supervisors: July 8, 2026
Action: Public Hearing; Pending
Property Information
Property Identification Number (PIN) 33-A-93
Address 4489 Martinsburg Pike, Winchester
Magisterial District Stonewall
Acreage +/- 0.56-acres
Zoning & Present Land Use Zoning: B2 (General Business) with proffers
Land Use: Commercial
Proposed Zoning B2 with revised proffers
Adjoining Property Zoning & Present Land Use
North: RA (Rural Area) District Land Use: Vacant
South: RA (Rural Area) District Land Use: Residential
East: RA (Rural Area) District Land Use: Residential
West: B3 (Industrial Transition) District Land Use: Automative Repair
Proposed Use
This is a request to rezone +/-0.56-acres from B2 (General Business) Zoning District with
proffers to B2 Zoning District with revised proffers. The proposed proffers would enable
“health care services” as a permitted use.
Positives
Concerns
The proposed rezoning does not otherwise
change the existing zoning or the property,
B2, and remains in conformance with the
Comprehensive Plan.
The proposed rezoning does not further the
land use policies of the NELUP and the
designated long range land use category.
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Page 2 of 4
The proposed Right-of-Way advances the
Eastern Road Plan.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Virginia
Department of
Transportation
(VDOT)
01/29/2026 “VDOT has no comments on the
rezoning.”
Frederick Water 2/18/2026 No comment
Frederick County
Inspections
2/3/2026 “No comment.”
Frederick County
Public Works
1/29/2026 “No comments- no proposed changes
to grading or stormwater
infrastructure.”
Frederick County
Fire Marshal
1/30/2026
“Approved, no existing fire
department features to be removed
without the permission of the Fire
Official.”
Frederick County
Attorney
02/18/2026
No comment.
Legal form.
Planning & Zoning Staff Analysis:
Site History:
A rezoning application (REZ #05-01) was approved by the Board of Supervisors on September 12,
2001, which rezoned the property from the RA (Rural Area) Zoning District to B3 (Industrial
Transition) Zoning District and B2 (General Business) Zoning District with proffers, restricting
some uses, including health services, and providing a cash proffer to mitigate Fire and Rescue
impacts. The existing structure was built in 2011 in conformance with an approved site plan, SP
#27-10.
The proposed rezoning would keep the zoning designation, B2, but amend the approved proffer
statement to add “health care services” as a permitted use The proposed use was proffered out of
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Page 3 of 4
being permitted in the previous rezoning but is otherwise already considered a permitted use in the
B2 (General Business District).
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Land Use Area Plan
provide guidance on the future development of the subject property. The Plan identifies the subject
properties with a “mixed use industrial office” (MUIO) land use designation and as being within
the limits of the Urban Development Area (UDA). The Northeast Land Use Area Plan describes
the future environment envisioned for the mixes use industrial office.
“These areas are intended to develop with targeted growth sectors identified by
the County’s Economic Development Authority (EDA), as well as similar
industries that are likely to bring higher wages, professional and/or technology
jobs. Uses which significantly contribute to air, noise, and light pollution as well as
business that create large volumes of truck traffic are discouraged in these areas.
Consideration of uses outside the identified targeted businesses should only be
considered if they are secondary and complementary to these targeted
businesses.”
The intent of the B2 zoning district is described in §165-604.01 as:
“…[providing] large areas for a variety of business, office and service uses.
General business areas are located on arterial highways at major intersections
and at interchange areas. Businesses allowed involve frequent and direct access
by the general public but not heavy truck traffic on a constant basis other than that
required for delivery of retail goods. General business areas should have direct
access to major thoroughfares and should be properly separated from residential
areas. Adequate frontage and depth should be provided, and access should be
properly controlled to promote safety and orderly development. Nuisance factors
are to be avoided. …”
The proposal for additional allowed use (health care services) does not otherwise further
the plan policy for MUIO and is not identified as an EDA targeted industry in the
Comprehensive Plan. The B2 Zoning District is also not typically associated with the planned land
use. However, given the existing zoning of the property is B2, the proposed rezoning does not
otherwise modify the current use of the property as “commercial.”
Transportation & Site Access:
Martinsburg Pike is identified in the Eastern Road Plan as an “improved major collector,” as part
of the rezoning, additional right-of-way for the ultimate condition is proffered to be dedicated. The
property has no other road frontage.
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Page 4 of 4
Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(February 23, 2026)
Staff Comment
A) Land Use Restrictions Allows “Health Care Services, Including
Skilled Nursing Facilities,” as a permitted
use.
B) Access Management Restricts access to a shared entrance.
Proffers 10’ of ROW.
C) Structural Development Limitation Restricts building size to 3,000 sq. Ft.
D) Monetary Contributions to Offset
Impact of Development
The proffer statement fully implements the
adopted Board of Supervisors policy on
monetary proffers for commercial/industrial
square footage.
This is a rezoning requiring a public hearing.
Following a public hearing, Staff are seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
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15
Greenway Engineering Busy Beez Daycare Rezoning
File #2624J/MMW 1
PROFFER STATEMENT
REZONING: RZ#
General Business District (B2) with Proffers to Business General
District (B2) with Revised Proffers
PROPERTY: 0.56 acres +/-;
Tax Parcels #33-((A))-92 & 33-((A))-93
RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook
Rentals LLC (here-in after “the Applicant”)
PROJECT NAME: Busy Beez Daycare Rezoning
ORIGINAL DATE
OF PROFFERS: May 9, 2001
REVISION DATE: October 1, 2010
April 8, 2026
May 7, 2026
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_____
for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers
to the Industrial Transition (B3) District and Business General (B2) District with Revised
Proffers, development of the subject property shall be done in conformity with the terms
and conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the Applicant and such be approved by the
Frederick County Board of Supervisors in accordance with the said Code and Zoning
Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon
this Applicant and their legal successors, heirs, or assigns. These proffers are a
conditional zoning amendment to Rezoning #0-10 of Timothy W. Johnson, approved by
the Frederick County Board of Supervisors on November 10, 2010.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by
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Greenway Engineering Busy Beez Daycare Rezoning
File #2624J/MMW 2
Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D.
Johnson being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No.
060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart
Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
PROFFERED CONDITIONS
A.) Allowed Uses
1)The following land uses shall be permitted within the B-2, Business General
District on tax map parcel 33-((A))-93:
Broad casting and Content Providers.
Services to buildings and Dwellings including Pest Control, Janitorial
Services and Carpet Cleaning Services excluding Landscape Services and
Production Sterilization.
Personal and Household Goods Repair and Maintenance excluding
Motorcycle Repair.
Adult and Child day-care facilities.
Religious, Grantmaking, Civic, Professional and Similar Originations.
Self-service storage facilities.
Public Administration and Government Support Buildings, including Fire
and Ambulance Services.
Public Utility excluding energy-generating facilities.
Health Care Services including Skilled Nursing Facilities
All other land uses within the B-2, Business General District shall not be permitted on tax
map parcel 33-((A))-93 unless approved through a subsequent conditional zoning
amendment.
B.) Access Management
1.) Tax map parcels 33-((A))-93 shall be served by the existing commercial entrance
on Martinsburg Pike (U.S. Route 11).
2.) The Applicant hereby proffers to dedicate required right-of-way along the
Martinsburg Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to
accommodate the future widening of this corridor. This one time right-of-way
dedication shall not exceed 10 feet in width and shall occur subsequent to the final
Martinsburg Pike design plan approval. The Applicant shall provide the required
right-of-way dedication within 90 days of written request by Frederick County
and/or VDOT.
17
Greenway Engineering Busy Beez Daycare Rezoning
File #2624J/MMW 3
C.) Structural Development Limitation
1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self-service storage facilities, identified in
Section A(1) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application #_____ is
approved, the undersigned will pay to the Treasurer of Frederick County, Virginia
$0.10 per square footage of structural area developed subsequent to approval of this
rezoning application. This monetary contribution is intended to offset impacts to fire
and rescue services and will be paid prior to issuance of an occupancy permit for the
first land use constructed on tax map parcel 33-((A))-93.
Please refer to Page 4 and Page 5 of the Proffer Statement
for Notarized Owner Signatures
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-93. In the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Timothy W. Johnson Date
By:
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Greenway Engineering Busy Beez Daycare Rezoning
File #2624J/MMW 4
Margo D. Johnson Date
Commonwealth of Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-92. In the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:
Clear Brook Rentals LLC (Timothy W. Johnson) Date
19
Greenway Engineering Busy Beez Daycare Rezoning
File #2624J/MMW 5
Commonwealth of Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
Notary Public
My Commission Expires
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Project Name: ________________________________________________
Acreage: ___________
PIN(s): __________________
Address (or general location):
Existing Zoning District: ____________________________________________
Proposed Zoning District: ___________________________________________
Staff Name (Email Address): _________________________________________
Agency Name Completing Comments (select one):
____ Frederick Water
____ Virginia Department of Transportation
____ Winchester Regional Airport
____ Virginia Department of Health
____ Historic Resources Advisory Board
____ Frederick County (FC) Public Schools
____ FC Public Works
____ FC Inspections
____ FC Fire Marshal
____ FC Parks & Recreation
____ FC County Attorney
____ Other (Specify): ________________________
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR REZONING COMMENTS
Reviewer Name (Email Address): _____________________________________________________
Review Agency Comments:
*Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead.
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Project Name: ________________________________________________
Acreage: ___________
PIN(s): __________________
Address (or general location):
Existing Zoning District: ____________________________________________
Proposed Zoning District: ___________________________________________
Staff Name (Email Address): _________________________________________
Agency Name Completing Comments (select one):
____ Frederick Water
____ Virginia Department of Transportation
____ Winchester Regional Airport
____ Virginia Department of Health
____ Historic Resources Advisory Board
____ Frederick County (FC) Public Schools
____ FC Public Works
____ FC Inspections
____ FC Fire Marshal
____ FC Parks & Recreation
____ FC County Attorney
____ Other (Specify): ________________________
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR REZONING COMMENTS
Reviewer Name (Email Address): _____________________________________________________
Review Agency Comments:
*Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead.
Busy Bee Daycare Proffer Amendment
.56
33-A-93
4498 Martinsburg Pike
B2(with proffers)
B2(with Proffers)
eric.bittner@fcva.us
Andrew Fox (andrew.fox@fcva.us)
The proffer statement meets the requirements of the Frederick County Zoning Ordinance and the Code of Virginia
and is legally sufficient as proposed for recordation. 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 is being
undertaken by staff and the Planning Commission.
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Project Name: ________________________________________________
Acreage: ___________
PIN(s): __________________
Address (or general location):
Existing Zoning District: ____________________________________________
Proposed Zoning District: ___________________________________________
Staff Name (Email Address): _________________________________________
Agency Name Completing Comments (select one):
____ Frederick Water
____ Virginia Department of Transportation
____ Winchester Regional Airport
____ Virginia Department of Health
____ Historic Resources Advisory Board
____ Frederick County (FC) Public Schools
____ FC Public Works
____ FC Inspections
____ FC Fire Marshal
____ FC Parks & Recreation
____ FC County Attorney
____ Other (Specify): ________________________
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR REZONING COMMENTS
Reviewer Name (Email Address): _____________________________________________________
Review Agency Comments:
*Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead.
Busy Bee Daycare Proffer Amendment
.56
33-A-93
4498 Martinsburg Pike
B2(with proffers)
B2(with Proffers)
eric.bittner@fcva.us
Ryan Spielman joseph.spielman@vdot.virginia.gov
VDOT has no comments on this proposed rezoning.
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Project Name: ________________________________________________
Acreage: ___________
PIN(s): __________________
Address (or general location):
Existing Zoning District: ____________________________________________
Proposed Zoning District: ___________________________________________
Staff Name (Email Address): _________________________________________
Agency Name Completing Comments (select one):
____ Frederick Water
____ Virginia Department of Transportation
____ Winchester Regional Airport
____ Virginia Department of Health
____ Historic Resources Advisory Board
____ Frederick County (FC) Public Schools
____ FC Public Works
____ FC Inspections
____ FC Fire Marshal
____ FC Parks & Recreation
____ FC County Attorney
____ Other (Specify): ________________________
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR REZONING COMMENTS
Reviewer Name (Email Address): _____________________________________________________
Review Agency Comments:
*Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead.
Busy Bee Daycare Proffer Amendment
.56
33-A-93
4498 Martinsburg Pike
B2(with proffers)
B2(with Proffers)
eric.bittner@fcva.us
4/15/2026. John Lee. Johnathan.Lee@fcva.us
Change of use permit application needs to be applied for and obtained. New C.O will be issued upon approval of permit.
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Planning Commission
Agenda Item Detail
Meeting Date: July 1, 2026
Agenda Section: Public Hearings
Title: Rezoning #06-26 for Hopewell Highway Commercial Center (Winchester 131, LLC
& Winchester 125, LLC) - (Mr. Klein)
Attachments:
PC07-01-26_ REZ06-26_TrafficImpactAnalysis_Redacted.pdf
PC07-01-26_REZ06-26_Redacted.pdf
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39
Revised Traffic Impact Study
Hopewell Highway Commercial Center
Frederick County, VA November 2023
i
Table of Contents
EXECUTIVE SUMMARY ........................................................................................................................................................................ v
Conclusions ............................................................................................................................................................................................. vii
Recommendations ................................................................................................................................................................................ viii
INTRODUCTION ................................................................................................................................................................................... 1
Proposed Rezoning Uses ......................................................................................................................................................................... 2
Proposed Site Trip Summary................................................................................................................................................................... 5
ROADWAY CONTEXT ........................................................................................................................................................................... 7
Zoning and Comprehensive Plan Conformance .................................................................................................................................... 7
VDOT Functional Plan .............................................................................................................................................................................. 9
Hopewell Road Relocated ....................................................................................................................................................................... 9
Access Management ............................................................................................................................................................................... 9
VDOT Chapter 527/870 Requirements ................................................................................................................................................ 11
CAPACITY ANALYSIS METHODOLOGY ........................................................................................................................................... 12
EXISTING CONDITIONS ...................................................................................................................................................................... 13
Existing Conditions Intersection LOS Analysis ...................................................................................................................................... 15
2027 SHORT-TERM TRAFFIC CONDITIONS ........................................................................................................................................ 18
Background Growth .............................................................................................................................................................................. 18
Other Development............................................................................................................................................................................... 18
Short-Term Traffic Volumes without Hopewell Highway Commercial Center .................................................................................. 18
Short-Term Conditions Intersection LOS Analysis without Site .......................................................................................................... 20
SHORT-TERM 2027 CONDITIONS WITH SITE ..................................................................................................................................... 23
Trip Generation ..................................................................................................................................................................................... 23
Trip Generation Sensitivity .................................................................................................................................................................... 23
Trip Distributions ................................................................................................................................................................................... 25
Short-Term Site Traffic Volumes ........................................................................................................................................................... 30
Hopewell Road Relocated Short-Term Diversions ............................................................................................................................... 30
Short-Term Traffic Volumes with Phase 1 Rezoning ........................................................................................................................... 30
Short-Term Conditions Intersection LOS Analysis with Phase 1 Site .................................................................................................. 33
2030 BUILD-OUT TRAFFIC CONDITIONS ............................................................................................................................................ 39
Build-out Traffic Volumes without Hopewell Highway Commercial Center ...................................................................................... 39
Build-Out Conditions Intersection LOS Analysis without Site ............................................................................................................. 39
BUILD-OUT 2030 CONDITIONS WITH SITE......................................................................................................................................... 43
Trip Generation ..................................................................................................................................................................................... 43
Build-Out Site Traffic Volumes .............................................................................................................................................................. 45
Hopewell Road Relocated Build-Out Diversions .................................................................................................................................. 47
40
Revised Traffic Impact Study
Hopewell Highway Commercial Center
Frederick County, VA November 2023
ii
Build-Out Traffic Volumes with Hopewell Highway Commercial Center Rezoning ........................................................................... 47
Build-Out Conditions Intersection LOS Analysis with Site ................................................................................................................... 47
2030 FUTURE CONDITIONS ALT. WITHOUT HOPEWELL ROAD RELOCATED WITH SITE .................................................................... 54
Alternative Site Assignments ................................................................................................................................................................ 54
Alt. 2030 Traffic Volumes with Hopewell Highway Commercial Center Rezoning ............................................................................ 54
Alternative 2030 Intersection LOS without Hopewell Rd Relocated .................................................................................................. 57
LONG-TERM 2036 CONDITIONS WITH SITE ....................................................................................................................................... 61
Long-Term Traffic Volumes with Hopewell Highway Commercial Center Rezoning ......................................................................... 61
Long-Term Conditions Intersection LOS Analysis with Site ................................................................................................................. 64
ACCESS IMPACTS ............................................................................................................................................................................... 68
On-Site Turn Lanes ................................................................................................................................................................................ 68
Roundabout LOS .................................................................................................................................................................................... 70
Route 11 Daily Signal Warrants ............................................................................................................................................................ 73
VJuST Analysis ........................................................................................................................................................................................ 74
LOS Comparisons with and without Hopewell Road Relocated ......................................................................................................... 79
CONCLUSIONS ................................................................................................................................................................................... 82
Recommendations .............................................................................................................................................................................. 83
APPENDICES
Appendix A: Scoping
Appendix B: Traffic Counts
Appendix C: SYNCHRO Analysis – 2022 Existing Conditions
Appendix D: Growth Trends
Appendix E: SYNCHRO Analysis – 2027 Short-Term No-Build Conditions without Hopewell Rd Relocated
Appendix F: Site Trip Generation Worksheets
Appendix G: Short-Term Phase 1 Site Assignments
Appendix H: Hopewell Road Relocated Diversions
Appendix I: SYNCHRO Analysis – 2027 Short-Term Build Conditions with Ph 1 Site with Hopewell Rd Relocated
Appendix J: SYNCHRO Analysis – 2030 ‘No-Build’ Conditions without Hopewell Rd Relocated
Appendix K: Long-Term Build-Out Site Assignments
Appendix L: SYNCHRO Analysis – 2030 Build Conditions with Site with Hopewell Rd Relocated
Appendix M: SYNCHRO Analysis – 2030 Alternative Build Conditions without Hopewell Rd Relocated
Appendix N: SYNCHRO Analysis – 2036 Long-Term Conditions with Site with Hopewell Rd Relocated
Appendix O Turn Lane Worksheets
Appendix P: VJuST intersection Worksheets
Prepared by:
Douglas R. Kennedy, PE
Wan Chong, PE, PTOE
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LIST OF FIGURES
FIGURE 1: SITE LOCATION .................................................................................................................................................................................. VI
FIGURE 3: PROPOSED ACCESS PLAN (REVISED) ..................................................................................................................................................... 4
FIGURE 4: COUNTY COMPREHENSIVE TRANSPORTATION PLAN ................................................................................................................................ 7
FIGURE 5: PROPOSED COUNTY INTERSTATE ROAD IMPROVEMENT PLAN ................................................................................................................... 8
FIGURE 6: COUNTY PROPOSED COMPREHENSIVE TRANSPORTATION PLAN ................................................................................................................ 8
FIGURE 7: VDOT FUNCTIONAL PLAN .................................................................................................................................................................. 9
FIGURE 8: 2022 EXISTING TRAFFIC VOLUMES .................................................................................................................................................... 14
FIGURE 9: 2022 EXISTING LOS ........................................................................................................................................................................ 16
FIGURE 10: SHORT-TERM 2027 TRAFFIC VOLUMES WITHOUT HOPEWELL RD RELOCATED ....................................................................................... 19
FIGURE 11: SHORT-TERM 2027 LOS WITHOUT HOPEWELL RD RELOCATED ........................................................................................................... 21
FIGURE 12: COMMERCIAL USES GENERALIZED TRIP DISTRIBUTIONS ....................................................................................................................... 27
FIGURE 13: TRUCK STOP GENERALIZED TRIP DISTRIBUTIONS................................................................................................................................. 28
FIGURE 14: PASS-BY TRIP DISTRIBUTIONS .......................................................................................................................................................... 29
FIGURE 15: TOTAL PHASE 1 TRIPS .................................................................................................................................................................... 31
FIGURE 16: SHORT-TERM 2027 TRAFFIC VOLUMES W/ PHASE 1 SITE TRIPS........................................................................................................... 32
FIGURE 17A: SHORT-TERM 2027 LOS W/ SITE ................................................................................................................................................. 34
FIGURE 17B: SHORT-TERM 2027 IMPROVED LOS W/ SITE .................................................................................................................................. 37
FIGURE 18: BACKGROUND 2030 TRAFFIC VOLUMES W/ GROWTH WITHOUT HOPEWELL RD RELOCATED ................................................................... 40
FIGURE 19: BACKGROUND 2030 LOS WITHOUT HOPEWELL RD RELOCATED .......................................................................................................... 41
FIGURE 20: TOTAL SITE TRIPS........................................................................................................................................................................... 46
FIGURE 21: TOTAL 2030 TRAFFIC VOLUMES W/ HOPEWELL ROAD RELOCATED ...................................................................................................... 48
FIGURE 22A: TOTAL 2030 LOS W/ HOPEWELL ROAD RELOCATED ........................................................................................................................ 49
FIGURE 22B: TOTAL 2030 LOS IMPROVED W/ HOPEWELL ROAD RELOCATED ........................................................................................................ 52
FIGURE 23: ALTERNATIVE TOTAL SITE TRIPS ...................................................................................................................................................... 55
FIGURE 24: ALT. 2030 TRAFFIC VOLUMES WITHOUT RELOCATED HOPEWELL RD RELOCATED ................................................................................. 56
FIGURE 25: ALT. 2030 LOS WITHOUT RELOCATED HOPEWELL RD RELOCATED ..................................................................................................... 58
FIGURE 26: LONG-TERM 2036 TRAFFIC VOLUMES WITH GROWTH WITHOUT HOPEWELL RD RELOCATED ................................................................... 62
FIGURE 27: LONG-TERM 2036 TRAFFIC VOLUMES W/ SITE W/ HOPEWELL ROAD RELOCATED .................................................................................. 63
FIGURE 28: LONG-TERM 2036 LOS W/ SITE W/ HOPEWELL ROAD RELOCATED ..................................................................................................... 65
FIGURE 29: SHORT-TERM 2027 HOPEWELL ROAD RELOCATED CONCEPT ROUNDABOUT ......................................................................................... 71
FIGURE 30: LONG-TERM 2036 HOPEWELL ROAD RELOCATED/ REZONING SITE CONCEPT ROUNDABOUT ................................................................... 72
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LIST OF TABLES
TABLE A: HOPEWELL HIGHWAY COMM. CTR. PROPOSED HOPEWELL RD OFF-SITE RECOMMENDATIONS .................................................................... VIII
TABLE B: HOPEWELL HIGHWAY COMM. CTR. PROPOSED MARTINSBURG PIKE OFF-SITE RECOMMENDATIONS ............................................................... IX
TABLE C: HOPEWELL HIGHWAY COMM. CTR. PROPOSED ON-SITE REGIONAL TRANSPORTATION RECOMMENDATIONS .................................................... X
TABLE 1: HOPEWELL HIGHWAY COMMERCIAL CENTER TRAFFIC STUDY LAND USE ASSUMPTIONS ................................................................................ 2
TABLE 2: HOPEWELL HIGHWAY COMMERCIAL CENTER TRAFFIC TRIP GENERATION SUMMARY ..................................................................................... 6
TABLE 3: HOPEWELL ROAD RELOCATED DESIGN CHARACTERISTICS ........................................................................................................................ 10
TABLE 4: HOPEWELL ROAD RELOCATED ACCESS SPACING ..................................................................................................................................... 10
TABLE 5: 2022 INTERSECTION LEVEL OF SERVICE -EXISTING CONDITIONS ............................................................................................................... 17
TABLE 6: 2027 INTERSECTION LEVEL OF SERVICE -SHORT-TERM CONDITIONS WITHOUT SITE .................................................................................... 22
TABLE 7: HOPEWELL HIGHWAY COMMERCIAL CENTER PHASE 1 TRIP GENERATION.................................................................................................. 23
TABLE 8: HOPEWELL HIGHWAY COMMERCIAL CENTER PHASE 1 TRIP REDUCTIONS .................................................................................................. 25
TABLE 9: HOPEWELL HIGHWAY COMMERCIAL CENTER TRIP DISTRIBUTION ............................................................................................................. 26
TABLE 10A: 2027 BUILD INTERSECTION LOS – SHORT-TERM CONDITIONS WITH SITE WITH HOPEWELL RD REL. ........................................................ 35
TABLE 10B: 2027 BUILD INTERSECTION LOS – SHORT-TERM CONDITIONS W/ SITE W/ MITIGATION ........................................................................ 38
TABLE 11: 2030 INTERSECTION LEVEL OF SERVICE -BACKGROUND CONDITIONS WITHOUT SITE ................................................................................. 42
TABLE 12: HOPEWELL HIGHWAY COMMERCIAL CENTER TRIP GENERATION ............................................................................................................ 43
TABLE 13: HOPEWELL HIGHWAY COMMERCIAL CENTER TRIP REDUCTIONS ............................................................................................................. 44
TABLE 14A: 2030 BUILD INTERSECTION LOS – TOTAL CONDITIONS WITH SITE WITH HOPEWELL RD REL. .................................................................. 50
TABLE 14B: 2030 BUILD INTERSECTION LOS – TOTAL CONDITIONS WITH SITE WITH HOPEWELL RD REL. W/ MITIGATION ........................................... 53
TABLE 15: ALTERNATIVE 2030 INTERSECTION LOS – FUTURE CONDITIONS WITH SITE WITHOUT HOPEWELL RD REL. .................................................. 59
TABLE 16: 2036 BUILD INTERSECTION LOS – LONG-TERM CONDITIONS WITH SITE WITH HOPEWELL RD REL. ............................................................ 66
TABLE 17A: ROUTE 672 RELOCATED/HOPEWELL LANE TURN LANE SUMMARY ...................................................................................................... 68
TABLE 17B: ROUTE 672 RELOCATED /SITE ENTRANCE TURN LANE SUMMARY ........................................................................................................ 69
TABLE 17C: ROUTE 672 RELOCATED /NORTH CONNECTOR ROAD TURN LANE SUMMARY ........................................................................................ 69
TABLE 17D: US RTE. 11/ ROUTE 672 RELOCATED TURN LANE SUMMARY ............................................................................................................ 70
TABLE 18: US RTE. 11/ ROUTE 672 RELOCATED SHORT-TERM DAILY WARRANT SUMMARY .................................................................................... 73
TABLE 19A: I-81 SB/ ROUTE 672 VJUST CANDIDATE SCREENING ........................................................................................................................ 74
TABLE 19B: I-81 SB/ ROUTE 672 VJUST RESULTS ............................................................................................................................................. 75
TABLE 20A: ROUTE 672 RELOCATED /SITE ENTR VJUST CANDIDATE SCREENING .................................................................................................... 76
TABLE 20B: ROUTE 672 RELOCATED/SITE ENTR VJUST RESULTS ......................................................................................................................... 76
TABLE 21A: US RTE. 11/ROUTE 672 RELOCATED VJUST CANDIDATE SCREENING .................................................................................................. 77
TABLE 21B: US RTE. 11/ROUTE 672 RELOCATED SITE ENTR VJUST RESULTS ........................................................................................................ 78
TABLE 22A: I-81 LONG-TERM ROUTE 11 AM PEAK HOUR LOS SENSITIVITY WITH HOPEWELL HIGHWAY COMM. CTR ................................................ 80
TABLE 22B: I-81 LONG-TERM ROUTE 11 PM PEAK HOUR LOS SENSITIVITY WITH HOPEWELL HIGHWAY COMM. CTR. ............................................... 81
TABLE A: HOPEWELL HIGHWAY COMM. CTR. PROPOSED HOPEWELL RD OFF-SITE RECOMMENDATIONS .................................................................... 83
TABLE B: HOPEWELL HIGHWAY COMM. CTR. PROPOSED MARTINSBURG PIKE OFF-SITE RECOMMENDATIONS ............................................................. 84
TABLE C: HOPEWELL HIGHWAY COMM. CTR. PROPOSED ON-SITE REGIONAL TRANSPORTATION RECOMMENDATIONS ................................................. 85
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intersection at US Route 11. Background conditions without the site are included without the new
collector road.
• Proposed Build-out Condition for 2030 with the site build-out with the four-laned divided collector
from I-81 NB exit ramp to US Route 11. Background conditions without the site is also included.
• Alternative conditions for 2030 with the site developed with the densities as proposed but without
the new collector road through the site. Based on previous scoping with VDOT, site access to Hopewell
Road at Hopewell Lane would be restricted to a right in/out access only to the north, based on the off-
set requirements from the existing limited access location at I-81. Therefore, all site trips inbound
from the interstate would be required to continue east on Route 672, turn left at US Route 11, and
turn left again into the site north of the Route 11 at-grade railroad crossing. For this alternative,
selected turn lane improvements are added to US Route 11, although off-site R-O-W is limited. This
alternative is provided to compare operations with the current County Comprehensive Plan Road
alignment of Hopewell Road connected to Brucetown Road. The relocated alignment of Hopewell
Road through the site is also shown in the updated County Comprehensive Transportation Plan.
• Long-Term condition for 2036 with the site to reflect ultimate traffic projections for a build-out plus
six- year scenario. The 2036 traffic scenario was used for turn lane warrant checks and the VDOT
Junction Screening Tool (VJuST) alternative review.
Conclusions
The proposed project and future regional growth can be accommodated by the proposed road network with
Hopewell Rd Relocated and recommended improvements. The existing road network would provide inferior
operation without significant improvements and right-of-way acquisition at the US Route 11/existing
Hopetown Rd/Brucetown Rd intersections.
With the Hopewell Highway Commercial Center proposed Phase 1 uses, converting the conventional side-
street stop control intersection at the I-81 South ramp at Hopewell Rd to a single-lane roundabout is
recommended. A signal at US Route 11/Hopewell Rd Relocated, coordinated with the existing signal at
Brucetown Rd, is also recommended, as well as NB and SB turn lanes on US Route 11 at Hopewell Rd
Relocated. Hopewell Rd Relocated as a 2-lane roadway with turn lanes at intersections and a single lane
roundabout for the main site entrances in the center of the site can accommodate the rerouted existing traffic
and Phase 1 site trips in the short-term. The initial improvements also propose to lengthen the WB Hopewell
Rd right turn lane at the I-81 North ramp junction. The proposed roundabouts at I-81 South Ramps/Hopewell
Rd and Hopewell Rd Relocated/ Hopewell Highway Commercial Center entrance, and the conventional signal
at US Route 11/Hopewell Rd Relocated were verified with the VJuST screening tool as the most appropriate
intersection design option for each location.
With project build-out, a separate right turn lane on the I-81 North exit ramp approach to Hopewell Rd is
recommended in addition to the improvements recommended with project for Phase 1 to support the build-
out of initial commercial uses for Land Bay 1. Hopewell Road Relocated should be widened to a 4-lane section
between the main site entrance roundabout and the roundabout should be converted to a Turbo roundabout
with project build-out. Revisions to the Route 11 operations are included for lane widths and proposed
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INTRODUCTION
Pennoni is providing transportation support services to Winchester 131, LLC for the development northeast
of the Hopewell Road/I-81 Exit 321 diamond interchange in Frederick County, Virginia. The proposed rezoning
of existing farmland for approximately 39 acres would provide new commercial opportunities for the County
and the US Route 11 corridor. The applicant has local interests in the area, and currently operates a truck
facility in the southwest corner of the Hopewell Road/Martinsburg Pike signal at 3425 Martinsburg Pike.
The proposed land use change includes a significant public street roadway network alternative to address the
County Transportation Plan upgrades for Hopewell Road (Va. Route 672) from a two-lane section to a four-
lane divided corridor west of US Route 11. After several scoping reviews with VDOT District, Residency and
County Planning staff, a preferred roadway network concept was developed for consideration as part of the
subject rezoning. Since the initial request, the Applicant has acquired the property and wishes to proceed
with the land use change. The focus of the land use plan is to allow a new truck stop and convenience center
be built adjacent to I-81 with access generally consistent with the VDOT Access Management guidelines. To
satisfy VDOT collector road spacing and provide area for the new truck stop and associated auto-oriented
convenience uses, the proposed access plan introduces a Relocated Hopewell Road corridor with a
roundabout in the center of the site as the initial site access location east of I-81. This relocation allows the
existing Hopewell Road at-grade railroad crossing to be eliminated and would extend Hopewell Lane north of
Rte. 672 into the subject site to access the new road. Truck access is shown via an interparcel connector road
north of the proposed roundabout and a new intersection is shown to US Route 11 along the site frontage.
The traffic study scoping correspondence is included in Appendix A and the proposed land uses summarized
in Table 1 below for the ultimate site build-out. These analyses followed the VDOT Traffic Impact Study
scoping Methodology for trips over 5,000 VPD. VDOT commentd on the initial rezoning subssioon were
received in August 2023 and a follow-up land use meeting occurred on September 26, 2023 to review the the
technical elements. The meeting request is include in the Appendix. A seperate response letter to the VDOT
comments received is attached with this submission.
The scenarios analyzed in this study include:
• Existing Conditions for 2022.
• Proposed Short-Term Conditions for 2027 with the initial site for a truck stop and convenience center
uses with the proposed two-lane extension of Hopewell Road Relocated through the site to a new
intersection at US Route 11. Background conditions without the site are included without the new
collector road.
• Proposed Build-out Condition for 2030 with the site build-out with the four-laned divided collector
from I-81 NB exit ramp to US Route 11. Background conditions without the site also included.
• Alternative conditions for 2030 with the site developed with the densities as proposed but without
the new collector road through the site. Based on previous scoping with VDOT, site access to Hopewell
Road at Hopewell Lane would be restricted to a right in/out access only to the north, based on the off-
set requirements from the existing limited access location at I-81. Therefore, all site trips inbound
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Proposed Site Trip Summary
This study contains an assessment of the proposed development utilizing trip rates from the Institute of
Transportation Engineers (ITE) Trip Generation 11th Edition to determine daily and peak hour project traffic
for the new land uses. Project trip distributions are based on derived commercial orientation with 75-80
percent of the trips oriented to I-81. Utilizing this information, an assignment of peak hour project trips onto
the local area roadway network are made for all adjacent roadway segments. Pass-by trips are shown for this
rezoning, and diversions are shown for the new Hopewell Road Relocated link. The gross total driveway trip
impacts are used for analyzing intersection level of service. No credit for internal uses between fast food,
truck stop, and hotel uses are included, to be conservative. Therefore, site impacts are shown for the entire
occupancy of the land bays.
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would be able to use the roundabout to make a U-turn to access I-81. The on-site roundabout was adjusted
in footprint to accommodate WB-67 with the turbo design as part of the TIS revisions.
VDOT Chapter 527/870 Requirements
The analysis is formatted following the generalized VDOT 527 Traffic Study to summarize traffic assumptions.
The proposed site activities do require a formal VDOT 527 study submission . As part of the requirements of
VDOT’s Chapter 527/870 regulations, a traffic impact analysis must be submitted with any rezoning or special
exception action if the site trip generation is over 5,000 vehicles per day. For the subject site, trip generation
for the site does trigger additional Chapter 527/870 review for land use or site plan review based on the
proposed commercial land uses.
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EXISTING CONDITIONS
Turning movement counts were conducted at the existing study intersections on November 2, 2022, between
the hours of 6 AM – 9 AM in the morning and 4 PM – 7 PM in the evening. The peak hours were determined
to be between 7:30 AM – 8:30 AM in the morning and 4:45 PM – 5:45 PM in the evening. The existing AM
and PM peak hour volumes at the existing study intersections are shown in Figure 8. The turning movement
counts are included in Appendix B.
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2027 SHORT-TERM TRAFFIC CONDITIONS
In evaluating the historical data from other resources, the ambient growth volumes had defaulted to an
annual 2 percent growth on the regional roadways.
Background Growth
As scoped, as on historical data from VDOT, the growth between 2008 and 2021 was an average of
approximately 2 percent per year on US Route 11 and I-81. The VDOT data is summarized in Appendix D.
Other Development
Based on the scoping, other programmed employment uses were identified but are not expected to generate
significant changes on US Route 11, so the effective regional growth was maintained.
Short-Term Traffic Volumes without Hopewell Highway Commercial Center
The adjusted existing volumes traffic was compounded annually at 2 percent per year for five years from 2022
to 2027. Growth volumes are summarized in Figure 10.
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The ITE trip generation rates average equations were used for this TIS to account for the land uses noted
above.
Trips are shown for the maximum activities for the rezoning application. The actual trips are 13 -11 AM
directional and 17 trips in/out higher than the July concept plan, equating to a 2 percent difference.
Pass-By Trips
Pass-by trips are trips that use the site but would be on the road network anyway. The Institute of
Transportation Engineers (ITE) Trip Generation Manual Handbook, 10th Edition (2017), is the standard
publication used to determine anticipated pass-by trips generated by a proposed site and are typically
applied for commercial uses.
Trips are shown as a percentage of commercial total trips and are shown as the lesser of the inbound or
outbound trips for the use type for the peaks. The pass-by Trips are shown as being diverted from the
existing roadway as increased in turns to the site and subtracted from throughs. The outbound trips are
shown as returning to the roadway network (typically within the same hour) to continue to their
destinations on the arterial roadway. For the Hopewell Highway Commercial Center (ClearBrook
rezoning), the number of pass-by trips was derived from the ITE Trip Generation Handbook average pass-
by trips, as updated with the 11th edition for the PM peak hour. Daily and AM pass-by rates are derived.
Pass-by trips were allocated to the 3 types of commercial uses in Phase 1 in Table 8 as:
• Truck Stop (LUC 950) – not included in the ITE updates. Used 1/3 for AM and PM peak hours
• Fast Food Restaurant with drive through (LUC 934) - Used the PM average at 55% and reduced
the AM and Daily to 50 and 45%, respectively.
• Conv./Gas Destination retail (LUC 945) – Used the AM and PM pass-by rate percentages at 60
and 56%, respectively. The daily rates were rounded down to 50%.
For the revision the trip generation for pass-by was updated to 240 trips inbound in Table 8 for the PM
peak versus 253 trips in the 1st submission, but the site assignments were not changed. The PM peak trip
generation change only decreased the pass-by trips by 13 inbound trips, or approximately 5 percent of
the total driveway trip generation for the PM peak. Since the pass-by trip were shown added to the key
intersection junctions, and the change was less than 10 percent of the total trips, the link vol umes for
2027 build scenario were not revised.
Internal Trips
Additionally, trip reductions for internal use between commercial uses are allowed. However, without
employment activities, the application of ‘internal’ trips is shown with destinations among the land uses
would be capped at 5 percent per VDOT guidance. Typically, internal trips are calculated between land
uses initially based on the overall proximity/attractiveness of local trips using the NCHRP 684 report
“Internal Trip Capture Estimation Tool” worksheet, as recommended by VDOT. No internal trips between
the Land Bay 1 were included in the trip assignments.
As outlined in Table 8, with pass-by trips, the external trips added to the roadway network would decrease
peak hour trips by approximately 54 percent in the AM and 51 percent for the PM peak.
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Short-Term Site Traffic Volumes
The external site trips for the truck stop and convenience uses were combined with the pass-by trips to
determine the Phase 1 trips, as shown in Figure 15.
Hopewell Road Relocated Short-Term Diversions
With Hopewell Road relocated as proposed, the existing travel paths on Route 672 east of the interstate will
be impacted. Pennoni included localized diversions to the base traffic volumes to account for these changes
with the following reassignments to the existing traffic volumes:
1. With Hopewell Road closed at the existing at-grade railroad crossing, the turns to/from the existing
gas/fuel center east of the railroad were diverted to turn to Route 11 and the new connector road
access for west oriented destinations via intersection #9. Estimated turns based on the difference
in counts from intersection #3 at Hopewell Lane and Intersection #4 at Route 11.
2. With Hopewell Road closed at the existing at-grade railroad crossing, the turns to/from the east at
Hopewell Lane reassigned to the north to Hopewell Lane Extended (Intersection #6).
3. With Hopewell Road relocated east of I-81 divert local trips to/from the west at Hopewell Lane
reassigned to the north to Hopewell Lane Extended (Intersection #6).
4. Reassign approximately 30 percent of the Brucetown Road signal (Intersection #5) to/from the south
to the north to the Route 11 access at the Relocated collector for destinations west towards I-81.
5. With Hopewell Road closed at the existing at-grade railroad crossing, reassign the remaining turns
to/from the east at Hopewell Road/Martinsburg Pike signal as throughs through signals #4 and #5
and add as turns at the Relocated Collector Road (Intersection #9). Trips based on throughs at
Hopewell Lane. Southbound rights at intersection #4 diverted to right at intersection #9.
The diversions are shown, with growth between 2022 and 2027 in Appendix Figure H1.
Short-Term Traffic Volumes with Phase 1 Rezoning
The adjusted existing volumes traffic was added with the site trips from Phase 1 to develop the short-term
volumes with the rezoning, as summarized in Figure 16.
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corrections in Table 13 were adjusted to lookup the correct data (the PM default percentages previously using
the AM percentages). For the report revision, the trip generation was updated but the assignments were
not changed, as the trip generation increment for pass-by decreased by 7 inbound trips, or less than 5 percent.
Build-Out Site Traffic Volumes
The site volumes with the rezoning are summarized for the external trips in Appendix Figure K1 and for pass-
by trips in Appendix K2. Note the PM pass-by volumes total 321 trips at the driveways, which is slightly higher
than the updated trips in Table 13. However, the combination of the external trips and pass-by trips do equal
the ITE trip generation estimates. Site trips are summarized for the Hopewell Highway Commercial Center
rezoning in Figure 20.
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2030 FUTURE CONDITIONS ALT. WITHOUT HOPEWELL ROAD RELOCATED
WITH SITE
With the future study area intersections as proposed, the scoping identified an issue if Hopewell Road were
not relocated, what impacts would be experienced on Hopewell Road and US Route 11. The site access was
adjusted to an alternative 2030 scenario with:
• Right in/right out access for the site opposite Hopewell Lane, but with no left turn lanes into the site
and maintaining the at-grade railroad crossing,
• With added traffic on Hopewell Road, widening east of the railroad to US Route 11 for added
stacking,
• Adding turn lanes with off-site ROW between Brucetown Road and Hopewell Road,
• Adding the Route 11 entrance as proposed for left turn access to the property, but without through
trips to Route 672.
The County Comprehensive Plan envisioned a 4-lane corridor with Route 673 realigned to connect directly to
Brucetown Road. With the two adjacent railroad crossings and off-site ROW impacts to properties not
included in this rezoning, this alternative was not modeled.
Alternative Site Assignments
Local traffic growth is shown as previously described. For the Hopewell Highway Commercial Center rezoning
alternative access, the added trips were derived from the peak hour trips in Table 12 with build-out. Trips
were assigned as outlined in the Appendix K3 and K4 with the same regional distributions as noted previously,
but with no left turn on Hopewell Road into the site and no Hopewell Road Relocated. Site trips are
summarized in Figure 23.
Alt. 2030 Traffic Volumes with Hopewell Highway Commercial Center
Rezoning
Total peak hour and daily trips are shown for the study area intersections without Hopewell Road Relocated
in Figure 24 for the alternative 2030 scenario.
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LONG-TERM 2036 CONDITIONS WITH SITE
To access the site impacts to the existing roads, the site trips for the peak hours and daily conditions were
developed and assigned to the local roadway network. Site trip generation and trip distribution calculations
are outlined below, including a potential review of local traffic.
Long-Term Traffic Volumes with Hopewell Highway Commercial Center
Rezoning
The adjusted existing volumes traffic was compounded annually at 2 percent per year for 14 years from 2022
to 2036. Volumes without the site are summarized in Figure 26. Volumes with the site are summarized in
Figure 27.
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CONCLUSIONS
The proposed project and future regional growth can be accommodated by the proposed road network with
Hopewell Rd Relocated and recommended improvements. The existing road network would provide inferior
operation without significant improvements and right-of-way acquisition at the US Route 11/existing
Hopetown Rd/Brucetown Rd intersections.
With the Hopewell Highway Commercial Center proposed Phase 1 uses, converting the conventional side-
street stop control intersection at the I-81 South ramp at Hopewell Rd to a single-lane roundabout is
recommended. A signal at US Route 11/Hopewell Rd Relocated, coordinated with the existing signal at
existing Brucetown Rd, is also recommended, as well as NB and SB turn lanes on US Route 11 at Hopewell Rd
Relocated. Hopewell Rd Relocated as a 2-lane roadway with turn lanes at intersections and a single lane
roundabout for the main site entrances in the center of the site can accommodate the rerouted existing traffic
and Phase 1 site trips in the short-term. The initial improvements also propose to lengthen the WB Hopewell
Rd right turn lane at the I-81 North ramp junction. The proposed roundabouts at I-81 South Ramps/Hopewell
Rd and Hopewell Rd Relocated/ Hopewell Highway Commercial Center entrance, and the conventional signal
at US Route 11/Hopewell Rd Relocated were verified with the VJuST screening tool as the most appropriate
intersection design option for each location.
With project build-out, a separate right turn lane on the I-81 North exit ramp approach to Hopewell Rd is
recommended in addition to the improvements recommended with project build-out of the Phase 1 uses.
Hopewell Road Relocated should be widened to a 4-lane section between the main site entrance roundabout
and the roundabout should be converted to a Turbo roundabout with project build-out.
Detailed recommendations are presented in the following section.
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REZONING #06-26
Hopewell Highway Commercial (Winchester 131,
LLC & Winchester 125, LLC)
Staff Report for the Planning Commission
Prepared: June 26, 2026
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: July 1, 2026 Action: Pending (Public Hearing)
Board of Supervisors: August 12, 2026 Action: Pending (Public Hearing)
Property Information
Property Identification Number (PIN) 33-A-114A, 33-A-122, & 33-A-163
Address 3425 Martinsburg Pike
Magisterial District Stonewall
Acreage +/- 40.48
Zoning & Present Land Use Zoning: RA (Rural Areas) & B2 (General
Business)
Land Use: Vacant/Commercial
Proposed Zoning B2 & IA (Interstate Area) Overlay District
Adjoining Property Zoning & Present Land Use
North: B3 (Industrial Transition) Land Use: Commercial/Vacant
South: RA (Rural Areas)/B2 (General
Business)/B3
Land Use: Commercial/Vacant
East: B2/M1 (Light Industrial)/RA Land Use: Commercial/Industria/Residential
West: B2/Interstate Land Use: Vacant/I-81
Proposed Use
This is a request to rezone three (3) parcels totaling +/- 40.48-acres acres from RA (Rural
Areas) Zoning District and the B2 (General Business) Zoning District to B2 Zoning District
and the IA (Interstate Area) Overlay District with proffers to develop a truck stop and other
interstate commercial uses.
Positives
Concerns
The zoning district proposed, B2, is typically
associated with the “business” land use
designation for the subject properties listed in
the Comprehensive Plan (“business”) and the
proposal is partially compliment with plan
The proposal does not fully address plan
policy contained in the Northeast Land Use
Plan (NELUP), specifically that commercial
areas at Exit 321 will not only serve interstate
travelers but also “surrounding residents” in
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policies about commercial uses at this
interchange serving interstate travelers.
The Generalized Development Plan (GDP)
includes the plan envisioned pedestrian and
frontage enhancements, including a 50’ wide
landscape buffer with 10’ wide multipurpose
trail, along adjoining roadways.
the Clearbrook-Brucetown Rural Community
Center. As proposed, the rezoning does not
appear to serve “surrounding residents” in a
meaningful way as the proposed use is a truck
stop and accessory tractor truck and interstate
uses.
The transportation improvements and road
realignment proposed (Proffer 2) imposes
upon the County a transportation project
priority and alignment not currently being
pursued for grant funding. The applicant's
proposed road system is designed specifically
to enable their use, a truck stop and travel
center. The proposed improvements in turn
are designed to accommodate their use along
with the existing traffic they would be
rerouting through their parcel. Though the
applicants project is seemingly unachievable
without the new realignment concept, and in
turn is creating the primary need for the
proposed concept, the proffer pays only a
portion of the cost associated with the
changes.
Some agency comments are unaddressed,
including concerns raised by Parks and
Recreation and the Fire Marshal .
Specifically, the proposed realignment has the
potential to negatively impact fire and rescue
services in this area of the County. The
application also does not address comments
from the HRAB regarding potentially eligible
resources, historic signage in Land Bay 3
and/or conducting a Phase II study.
The application, as proposed, lacks high
quality building materials and site design
elements, including building and sign
elevations and renderings, that are typically
expected to accompany requests for new
commercial areas at key interstate
interchanges. Some of the building materials
proffered, including dry-vit and EFIS, are not
typically associated with high quality
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buildings, particularly commercial buildings
at highly visible interchanges.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Virginia
Department of
Transportation
(VDOT)
03/23/2026 See comment letter. Addressed.
Frederick Water 03/23/2026 See comment letter. Addressed.
Historic Resources
Advisory Board
(HRAB)
09/26/2023 “The HRAB recommended approval
of the application and recommended
that the applicant conduct a phase 2
architectural study of the Stine House
(DHR ID#034-0931) prior to removal
as well as proffer an interpretive sign
in Land Bay 3 of the General
Development Plan (GDP) about the
Stine House.”
See comment letter.
Not addressed.
Frederick County
Attorney
12/3/2025 See comment letter. Fully Addressed.
FC Fire Marshall 11/06/2025 “The Fire Marshal’s Office would like
to express concerns about the
commercial truck traffic at the
intersection of Martinsburg Pike and
Brucetown Road as not improvements
are outlined on the provided plans.
Any traffic back up at the intersection
would delay fire and EMS apparatus
leaving Clearbrook Volunteer Fire &
Rescue while they are proceeding
north onto Martinsburg Pike. These
delays would be a result of narrow
Not addressed.
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travel lanes and decreased turning
radius.”
FC Parks and
Recreation
12/5/2025 “It appears the Hopewell Road
alignment with Route 11 will only
perpetuate the traffic issues faced by
Clearbrook Park during periods of
peak use.”
See comment letter
Not addressed.
FC Public Works 12/12/2025 See comment letter.
Planning & Zoning Staff Analysis:
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Land Use Plan
(NELUP, 2023) provide guidance on the future development of the subject property. The Plan
identifies the subject properties with a “business” land use designation and as being within the
limits of the Sewer and Water Service Area (SWSA), the Urban Development Area (UDA) and the
Clearbrook and Brucetown Rural Community Center. Brucetown is one of the oldest communities
located in the County and contains a number of significant historic structures. The plan further
states:
“Given that the Clearbrook-Brucetown Rural Community Center extends to I-81 in close
proximity to Exit 321, it should be recognized that viable commercial uses in that area will
likely need to meet the needs of interstate travelers as well as the surrounding residents.”
While the property is proffered as largely unrestricted B2, a large portion of the property, if not all
of the property, is seemingly intended for truck stop/travel center style uses intended to serve
interstate travelers, with no indication of how the project will meet the needs of surrounding
residents. In this respect, the proposed rezoning is only partially compliant with Comprehensive
Plan policies.
Transportation & Site Access:
The Comprehensive Plan and NELUP envision significant transportation improvements at Exit
321 including split interchange/frontage road/ramp improvements for Interstate 81 and
realignment of Hopewell Road (Route 672). The proximity of the intersections of Brucetown Road
and Hopewell Road with Route 11 have created conflicts and congestion for the road network in
this area. The alignment of the intersections for these roadways is a necessary improvement for
this area. Access Management is a significant priority for the transportation network planned for
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this study area. Levels of Service (LOS) C or better are also promoted. As stated in the Plan, future
development within the study area should only occur when an acceptable LOS has been achieved
and key elements and connections identified in NELUP have been provided.
Further, the NELUP states as it relates to transportation improvements:
“A significant corridor appearance buffer is proposed along Martinsburg Pike, similar to
what has been established for the Route 50 West corridor in the [Western Frederick] Land
Use Plan. This corridor buffer consists of a 50-foot buffer area, landscaping, and bike path.
Roadway designs should plan for multi-modal street designs that will take all users into
consideration. A 10’ paved multipurpose path was constructed along the southbound
section of Martinsburg Pike, as established along with the Rutherford Crossing
development, and sidewalks are planned for the northbound section.
Pedestrian and bicycle accommodations such as sidewalks and bicycle lanes should be
provided along all primary and collector roadways within the SWSA. Bike paths or lanes
should be constructed on the same grade as the adjacent roadway. Intersection
accommodations should also include pedestrian refuge islands and pedestrian access
signals.”
The Generalized Development Plan (GDP) includes the plan envisioned pedestrian and frontage
enhancements, including a 50’ wide landscape buffer with 10’ wide multipurpose trail, along
adjoining roadways. However, it would be much preferred to have these corridor enhancements
written (specified) in the proffer statement.
While the proposal generally aligns these planned improvements, the proffered mechanism to
implement them is only partially achieved. Proffer 2 - Transportation, as currently written, is
inadequate. The transportation improvements and road realignment proposed (Proffer 2) imposes
upon the County a transportation project priority* and alignment not currently being pursued for
grant funding. The applicant's proposed road system is designed specifically to enable their use, a
truck stop and travel center. Clearbrook Volunteer Fire and Rescue is also in the vicinity, and needs
safe and efficient access to Route 11, Interstate 81, and points west. As is Carmeuse, which has
significant heavy load truck traffic. The proposed improvements must not only accommodate their
use but the existing traffic they would be rerouting through their parcel.
Though the applicants project is seemingly unachievable without the new realignment concept,
and in turn is creating the primary need for the proposed concept, the proffer pays only a portion
of the cost associated with the changes.
*Staff notes the County has allocated funding for improvements at the intersection of Hopewell
Road, Martinsburg Pike (Route 11) and Brucetown Road through the VDOT FY27 Draft Six Year
Improvement Program. This is separate and distinct project from the realignment scenario
proposed with this rezoning. The proposed Hopewell Road realignment, included with the
rezoning, while shown on County plans, including NELUP, is not included on the six-year
improvement program at this time.
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Zoning Ordinance Conformance:
In addition to the requested change in the zoning designation for portions of the property to B2,
the proposal also seeks to overlay the property with the IA (Interstate Area) Overlay District.
Qualifying uses include gasoline service stations (including travel centers/truck stops), eating and
drinking establishments, and hotel and lodging establishments. The IA Interstate Area Overlay
District (§165-505) is intended to:
“Provide commercial businesses within an identified area the ability to utilize business
signs that are in excess of the limits specified in § 165-809 of [the Zoning Ordinance.] This
flexibility is provided to inform the traveling public of business service opportunities at
specific interstate interchange areas. “
If the rezoning were to be approved, this property would be the first property north of Hopewell
Road at this interchange to be allowed an Interstate Area Overlay Sign. The interstate sign could
be up to 85’ tall, which is +/- 60’ taller than the base zoning allowance for the site (or 25’ maximum
sign height along arterial roadways) and the sign face could be twice as large (up to 300 square
feet in area vs. 150 SF maximum). While a service to interstate travelers, allowing an illuminated
85’ interstate sign could have a negative impact on surrounding residences, plan designated the
Clearbrook and Brucetown Rural Community Center, and historic resources. Inclusion of proffered
design standards for new commercial interstate signage may also be appropriate for staff to
evaluate the proposal further.
Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Revision Date May 2026)
Staff Comment
Proffer 1 – Development and Use of the
Property
The materials listed in Proffer 1.5.1 including
dry-vit and EFIS, are not typically associated
with “high quality buildings,” particularly
commercial buildings at highly visible
interstate interchanges.
No comprehensive sign package, or other sign
design standards have been provided to
evaluate the appropriateness of being within
the IA (Interstate Area) Overlay District.
Proffer 2 – Transportation
Proffer 2 is inadequate. The transportation
improvements and road realignment proposed
(Proffer 2) imposes upon the County a
transportation project priority and alignment
not currently being pursued for grant funding.
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The applicant's proposed road system is
designed specifically to enable their use, a
truck stop and travel center. The proposed
improvements in turn are designed to
accommodate their use along with the
existing traffic they would be rerouting
through their parcel. Though the applicants
project is seemingly unachievable without the
new realignment concept, and in turn is
creating the primary need for the proposed
concept, the proffer pays only a portion of the
cost associated with the changes.
While the Generalized Development Plan
(GDP) includes the plan envisioned
pedestrian and frontage enhancements,
including a 50’ wide landscape buffer with 10’
wide multipurpose trail, along adjoining
roadways, it would be much preferred to have
these elements written out in the proffer
statement.
Proffer 3 – Fire and Rescue No comment.
Proffer 4 – Water and Sewer No comment.
Proffer 5 – Escalator Clause No comment.
Generalized Development Plan
The generalized development plan (GDP) revised July 31, 2023, is included below depicting site
access, transportation improvements, road realignment, and commercial land bays.
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Following a public hearing, staff are seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
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PROFFER STATEMENT
WINCHESTER 131, LLC
STONEWALL MAGISTERIAL DISTRICT
+/- 40.48 acres
Rezoning: #26-___
Record Owners: Winchester 131, LLC. and Winchester 125, LLC
Applicant: Winchester 131, LLC.
Property: TM# 33-A-114A, TM# 33-A-122 and TM# 33-A-163
comprising approximately of 40.48 acres (the “Property”) as shown on
the Generalized Development Plan (“GDP”) titled “Hopewell
Highway Commercial Center” dated October 2, 2024 and submitted
contemporaneously herewith.
Zoning: RA to B2 with accessory uses and IA (Interstate Area Overlay District)
Project Name: Hopewell Highway Commercial Center
Proffer Date: May ___, 2026
Preliminary Matters:
Pursuant to VA. CODE §15.2-2296, et seq. and Frederick County Zoning Ordinance §165-102.06, the
undersigned hereby proffers that the development and use of the Property shall be in substantial
conformance with the following conditions. In the event this rezoning is granted as applied for by the
Applicant and duly adopted by the Board of Supervisors of Frederick County, Virginia in conformity
with applicable law, then these proffers shall supersede and replace in their entirety all other proffers
made prior hereto with respect to the Property. In the event this rezoning is not granted as applied
for by the Applicant, then these proffers shall be withdrawn upon the vote of the Board of Supervisors
of Frederick County, Virginia to deny the application and shall be void and of no effect.
These proffers are contingent upon the “final rezoning” of the Property with “final rezoning” defined
as that rezoning which is in effect on the day following the last day upon which the decision of the
Board of Supervisors of Frederick County, Virginia granting the application for this rezoning may be
contested in an appropriate Court. If the decision to grant the application for this rezoning is
contested, and the Applicant elects not to submit development plans until such contest is resolved,
the term “final rezoning” shall include the day following entry of a final order by a Court of appropriate
jurisdiction affirming the decision of the Board of Supervisors of Frederick County, Virginia or
denying any appeal of such decision without further appeal.
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The headings of the proffers set forth herein are for reference only and shall not be used to interpret
any provision of the proffers. All improvements shall be provided at the time of development of the
portion of the Property served by such improvement unless stated otherwise below. References to the
“Applicant” shall include the Applicant identified above and all future owners of, or successors in
interest to, the Property after final rezoning of the Property as applied for by the Applicant.
1. DEVELOPMENT AND USE OF THE PROPERTY
1.1 The Property shall be developed in substantial conformance with the GDP and that certain
transportation impact analysis titled “Revised Traffic Impact Study Hopewell Highway
Commercial Center” by Pennoni Associates, Inc. dated November 28, 2023 (hereinafter
referred to as the “TIS”) submitted as part of the application for this rezoning and shall
be designed to establish interconnected Land Bays in conformance with the GDP. Upon
submission of subsequent site or subdivision plans by the Applicant, minor changes and
adjustments to the GDP may be made by the Applicant to road alignments; entrances;
parking; dimensions and locations of storm water management facilities, including BMP
facilities; building locations and configurations; and any other feature shown on the GDP,
provided they conform with the submitted site or subdivision plans, meet the intent of
these proffers, and are approved by the Director of Planning for Frederick County,
Virginia.
1.2 The Property shall be developed in substantial conformance with the Northeast Frederick
Land Use Plan (NELUP, 2023) to meet the needs of interstate travelers as well as the
surrounding residents by: (a) making significant contributions of cash and road right of
way toward the construction of needed transportation infrastructure in the Clearbrook-
Brucetown Rural Community Center area; (b) allowing easier access to the Property so it
can be developed for uses that will generate increased tax revenues to the County; (c)
providing needed truck-related services and increase the range of B2 commercial services
offered to the area residents; (d) providing a 50-foot landscape buffer area with a 10’ paved
multipurpose path along Route 11 / Martinsburg Pike.
1.3 The Applicant requests that the western portion of the Property designated as “Land Bay
1” on the GDP be designated as an “IA” Interstate Overlay District.
1.4 The Applicant may develop the western portion of the Property designated as “Land Bay
1” and the portion designated as “Land Bay 3” on the GDP and use the same as a Highway
Commercial Center for operation of a truck stop / travel center with parking and accessory
services (including but not limited to, truck wash, truck repair and trailer parking uses) or
any use by right or with a duly approved conditional use permit as permitted under the
“B2” zoning district designation in Frederick County, Virginia.
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1.5 The Applicant will implement the following design and building materials standards for all
uses on the Property designated:
1.5.1 The building facades facing Hopewell Road and Route 11 Martinsburg Pike shall be
constructed of one or a combination of the following materials: architectural block,
brick, cast stone, dry vit, EFIS, glass, metal cladding, stone, stucco, or wood. The
materials will be presented to Frederick County with the building permitting process
for review, comment and approval.
1.6 The Applicant may develop and use the portion of the Property designated as “Land Bay
2” for any use by right or with a duly approved conditional use permit as permitted under
the “B2” zoning district designation in Frederick County, Virginia other than the following
uses:
1.6.1 Gasoline Stations with or without Convenience Stores, excluding Fuel Dealers.
1.6.2 Amusement, Arts, Gambling, and Recreation Industries excluding Amusement Parks,
Theme Parks, and Outdoor Shooting.
1.6.3 Commercial Sport and Recreation Clubs.
1.6.4 Adult and Child Day-Care facilities.
1.6.5 Model Homes Sales Offices.
1.6.6 Public Utilities excluding energy-generating facilities.
1.6.7 Conference/Event Center.
1.7 If the Applicant elects to develop the Property with any permitted use that results in a net
new trip generation from the Property higher than that shown in the TIS, then, as part of
any approval process for such use or uses, the Applicant will submit an updated
transportation impact analysis to Frederick County, Virginia and the Virginia Department
of Transportation for a determination whether adequate levels of service will exist for the
transportation network serving the Property as a result of the Applicant’s intended use or
uses at the time approval is sought. In the event Applicant’s intended use or uses for the
Property would cause inadequate levels of service for the transportation network serving
the Property at the time approval is sought, no use will be approved by Frederick County,
Virginia unless the Applicant mitigates the additional impacts caused by the increased net
new trip generation resulting from the intended use or uses for which the Applicant seeks
approval to the satisfaction of the County.
1.8 In determining whether any proposed use or uses of the Property may have an impact that
would cause the levels of service for the transportation network serving the Property at
such time to be inadequate, the Applicant may use actual traffic counts for the then existing
uses of the Property instead of the estimates used in the TIS to determine background
traffic at the time approval is sought from the County.
1.9 No later than sixty (60) days after the issuance by the County of an initial occupancy permit
for a truck stop / travel center use in Land Bay 1 on the GDP, the Applicant’s related
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entity, Winchester 125, LLC, which owns the property located at 3425 Martinsburg Pike
designated as Frederick County Tax Map Parcel #33-A-163 (the “Old Stone Truck Stop
Property”), will record in the County land records restrictions prohibiting on-site heavy
vehicle and long-haul truck parking and prohibiting the operation of a service center on
the property with more than one (1) high-speed, over-the-road diesel fuel pump system
with a master and secondary satellite pump in order to fuel the vehicle on both sides. The
Old Stone Truck Stop Property will only be subject to this proffer 1.9 and the restriction
stated herein and will not be subject to any other proffers or restrictions associated with
this rezoning application. Winchester 125, LLC joins in the tendering of these proffers
only for the limited purpose of its agreement to be bound by the provisions of this proffer
1.9.
1.10 The Applicant will not be permitted to obtain any building permits for any uses permitted
on the Property after final rezoning approval in conformity with its application for
rezoning until the substantial completion of the relocation of Rt. 672 (Hopewell Road)
and associated roadway improvements generally depicted in the GDP has occurred.
2. TRANSPORTATION
2.1 During the “Reservation Period” (defined below), Applicant will reserve a fifty foot (50’)
right-of-way in the area designated on the GDP as “50’ RIGHT-OF-WAY
RESERVATION” in Land Bay 1 (the “Reservation Area”) for dedication to, and use by,
the County for future highway interchange improvements related to an interstate ramp
service road serving Rt. 671 (Cedar Hill Road) as shown in the current Comprehensive
Plan for Frederick County, Virginia as of the date of the adoption of these proffers.
Applicant will not construct, install, or build any permanent structures or make any
permanent improvements to the Property located within the Reservation Area during the
Reservation Period. Notwithstanding the foregoing, Applicant may construct and install
any and all non-permanent structures and improvements permitted by applicable law and
use the Property within the Reservation Area without restriction during the Reservation
Period so long as all non-permanent structures and improvements are removed and all
uses of the Restricted Area cease prior to dedication of the Reservation Area to the
County. The Applicant will dedicate the Reservation Area to the County within ninety (90)
days after the final, unappealable approval by the County of a site plan for Land Bay 3 and
a written request from the County for dedication of the Reservation Area. In the event the
County does not request the dedication of the Reservation Area within ten (10) years from
the date of the final rezoning of the Property in conformity with Applicant’s application
for the same (the “Reservation Period”), or in the event the County removes the future
highway interchange improvements related to an interstate ramp service road serving Rt.
671 (Cedar Hill Road) from the Comprehensive Plan for Frederick County, Virginia, then,
in either event, Applicant will have no obligation to continue to reserve the Reservation
Area for the benefit of the County and the Applicant may use the Reservation Area for all
purposes permitted by law, including the construction, installation and building of
permanent structures and permanent improvements.
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2.2 Applicant will contribute an amount equal to the lesser of: (a) twenty-five percent 25% of
the total road design and construction costs necessary for the relocation of Rt. 672
(Hopewell Road) and associated roadway improvements as generally depicted in the GDP
or (b) $3,500,000 toward design and construction costs necessary for the relocation of Rt.
672 (Hopewell Road) and associated roadway improvements as generally depicted in the
GDP (the “Transportation Contribution”). The Transportation Contribution will be paid
to the County as follows:
2.2.1 50% of the total design costs for the relocation and improvements will be paid by
Applicant up to a maximum of $1,500,000 of the total Transportation Contribution
within 45 days after the execution of the design contract and submission of the invoice
for the design services showing the total amount due for the same.
2.2.2 The balance will be contributed upon substantial completion of all construction of the
relocation and improvements within 45 days after receipt of invoice from the County
for the same demand from the County
2.2.3 Applicant will allocate the costs to be paid for all improvements required by these
proffers between each Land Bay by private agreement between the Applicant and any
subsequent owner of a Land Bay.
2.2.4 Applicant will dedicate the right of way for all transportation improvements on the
Property as generally depicted in the GDP at the time of submission of the site plan
for Land Bay 1 or upon the commencement of the construction of the relocation and
improvements and the written request of the County, whichever first occurs.
3. FIRE AND RESCUE
Applicant will contribute to Frederick County, Virginia a sum equal to One Hundred
Dollars ($100.00) per 1,000 gross square feet of constructed commercial building area as depicted
on each final site plan approved by the County for fire and rescue purposes. The contribution will
be made at the time of the issuance of the final certificate of occupancy for each such building
constructed on the Property.
4. WATER AND SEWER
4.1 The Property will be served by public water and sewer. Applicant will, at its expense, design
and construct all on-site and off-site improvements necessary to provide service for the
demand generated by the development of the Property in accordance with all applicable
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laws, regulations and ordinances and the lawful requirements of the Frederick County
Sanitation Authority (“Frederick Water”).
4.2 Applicant agrees to make such dedications and grants of easements to the County of
Frederick, Virginia and Frederick Water (as applicable) necessary for the construction and
maintenance of all improvements needed to provide public water and sewer service for
the demand generated by the development of the Property in accordance with all
applicable laws, regulations and ordinances and the lawful requirements of Frederick
Water and at no cost to Frederick County or Frederick Water. All constructed water and
sewer improvements will be conveyed and dedicated to Frederick Water no later than the
time of their connection to the Frederick Water public water or public sewer system, as
the case may be.
5. ESCALATOR CLAUSE
In the event the monetary contributions contemplated under this Proffer Statement are
paid to the County of Frederick, Virginia within eighteen (18) months after “final rezoning” (as
defined herein above), said contributions will be in the amounts as stated herein. Any monetary
contributions set forth in this Proffer Statement which are paid to the County of Frederick,
Virginia more than eighteen (18) months after “final rezoning” (as defined herein above) shall be
adjusted in accordance with the Urban Consumer Price Index (“CPI-U”) reported by the United
States Department of Labor such that, at the time contributions are paid they shall be adjusted by
the percentage change in the CPI-U from (i) the CPI-U as reported on that date which is twenty-
four (24) months after the date of the “final rezoning” to (ii) the CPI-U as reported on the date
of the most recently available CPI-U relative to the date on which the contributions are paid.
Notwithstanding the foregoing, in no event shall the amount of contributions be adjusted by a
factor greater than six percent (6%) per year, simple interest.
[SIGNATURE ON FOLLOWING PAGE]
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Respectfully submitted this _______ day of____________, 2026.
APPLICANT/OWNER:
Winchester 131, LLC
By:________________________________
Prakash Patel, Manager
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2026, by Prakash Patel, as Manager for Winchester 131, LLC
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration Number:________________________
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Winchester 125, LLC
By:________________________________
Prakash Patel, Manager
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2026, by Prakash Patel, as Manager for Winchester 125, LLC
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration Number:________________________
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REZONING APPLICATION
FREDERICK COUNTY, VIRGINIA
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone Email:
2. Other Interested Parties (such as a contract purchaser) (please attach additional
page(s) if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telepho Email
3. Law firm, engineering firm, or other person, if any, serving as the primary contact person
for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Submittal Deadline __________
P/C Meeting __________
BOS Meeting __________
Winchester 131 LLC
Prakash Patel
5011 Piney Branch Road Fairfax, VA 22030
Prakash Patel
5011 Piney Branch Road Fairfax, VA 22030
Winchester 125 LLC
Prakash Patel
5011 Piney Branch Road Fairfax, VA 22030
Pennoni Associates Inc.
David Frank
117 E. Piccadilly St. Ste. 200 Winchester, VA 22601
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Telephone: Email:
*Please note that, if a law firm, engineering firm, or other person, other than the owner
of the property, will be acting on behalf of the owner and/or executing papers on behalf
of the owner in connection with the rezoning, the owner will need to execute a power of
attorney form granting the firm or person such authority.
4. Project Name:
5. Property Information:
Property Identification Number(s):
Total acreage of the parcel(s):
Total acreage of the parcel(s) to-
be-rezoned:
Current zoning designation(s) and
acreage(s) in each designation:
Proposed zoning designation(s)
and acreage(s) in each
designation:
Magisterial District(s):
Location - the property is located at (give street address(es) if assigned or otherwise
exact location based on nearest road and distance from nearest intersection, using
road names and route numbers):
Is this property within ½ miles of the Town of Stephens City, the Town of Middletown,
the City of Winchester, Clarke County, or Shenandoah County (specify which):
________________________________________________________________________
540-771-2087 dfrank@pennoni.com
Hopewell Road Highway Commercial Center
TM33-A-114A & TM 33-A-122 & TM 33-A-163
+/- 40.48
+/- 38.99 AC
TM 33-A-114A: (RA) 33.98 AC.
TM 33-A-122:(RA) 5.01 AC
TM 33-A-163 (B2)
B2 +/- 38.99 AC. with proffers
B2 +/- 1.49 AC. (UNCHANGED-subject to single
proffer)
Stonewall
TM 33-A-114A: Corner lot Hopewell Road Rt. 672 and I-81, also traveling on Martinsburg Pike Rt. 11
no
155
14
Adjoining Properties:
Zoning: Use:
North:
South:
East:
West:
6. Disclosure of real parties in interest.
Virginia Code § 15.2-2289 provides that localities may by ordinance require any
applicant for a zoning amendment to make complete disclosure of the equitable
ownership of the real estate to be affected including, in the case of corporate
ownership, the name of stockholders, officers, and directors, and in any case the
names and addresses of all real parties of interest. Frederick County has, by County
Code § 165-101.09, adopted such an ordinance.
For each business entity that is an owner or contract purchaser of the property, please
list the name and address of each person owning an interest in, or who is an officer or
director of, any entity that is an owner or contract purchaser of the property (you need
not indicate the amount or extent of the ownership interest). Please note that this
requirement does not apply to a corporation whose stock is traded on a national or local
stock exchange and having more than 500 shareholders.
Please attach additional page(s) if necessary.
7. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance to change the
zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to
enter the property for site inspection purposes.
B3 Vacant/Commercial
RA/B2/B3 Vacant/Commercial
B2/M1/RA Commercial/Industrial/Residential/Church
B2 Vacant
Prakash Patel -5011 Piney Branch Road Fairfax, VA 22030
156
157
16
Adjoining Property Owners
Owners of property adjoining the land will be notified of the Planning Commission and the
Board of Supervisors meetings. For this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including
the parcel identification number. These can be obtained from Frederick County’s GIS
Interactive Maps.
*The Town of Stephens City, Middletown, the City of Winchester, Clarke County, or
Shenandoah County shall be notified if the proposal is within ½ mile of their boundary.
Name and Property Identification Number Address
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
R&J Land Development LLC
33 A 123D
Kristin & Derek Nickerson
33 A 122
Open Door Baptist Church Inc.
33 A 123B
HCM LP LLP
33 A 114B
Barbara Devers Trustee
33 A 120
Barbara Devers Trustee
33 A 119
Mid Atlantic Development Group LLC
33 A 117
Ali Lone-Kashmiree
33 A 117A
Storage Solutions CB LLC
1631 Redbud Road Winchester, VA 22603
Zoning: B3, Use: Vacant
3599 Martinsburg Pike, Clear Brook, VA
22624 Zoning: RA Use: Res
281 Jeremiah Lane, Clear Brook VA
22624 Zoning: RA Use: Church
920 Hopewell Road, Clear Brook VA
22624 Zoning: B2 Use: Agri
510 S. Washington St., Winchester, VA
22601 Zoning: RA Use: Res
510 S. Washington St., Winchester, VA
22601 Zoning: RA Use: Vacant
25335 Diligence Court, Aldie, VA 20105
Zoning: B2, Use: Comm
3522 Martinsburg Pike, Clear Brook, VA
22624 Zoning: B2 Use: Comm
1520 Commerce St., Winchester, VA
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Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
33 2 A
Winchester 125 LLC
33 A 163
Clearbrook Real Estate LLC
33 A 164F
Winchester 175 LLC
33A 164G
Winchester and Western Railroad
33 A 155B
O-N Minerals Chemstone Company
33-A-115A
5011 Piney Branch Rd., Fairfax, VA 22030
Zoning: B2, Use: Comm
22601 Zoning: M1, Use: Ind
PO Box 147, Clear Brook, VA 22624
Zoning: B2/B3, Use: Comm
5011 Piney Branch Rd., Fairfax, VA 22030
Zoning: B2, Use: Comm
3 Summit Park Dr. Ste. 700
Independence, OH 44131, Zoning: M1,
Use: Ind
6920 Pointe Inverness Way Ste. 301 Fort
Wayne, IN 46804, Zoning:B2, Use:Comm
159
Frederick County, Virginia
STATEMENT OF JUSTIFICATION
AND IMPACT ANALYSIS
FOR
REZONING REVIEW AND APPROVAL
OF THE
Hopewell Highway Commercial Center
TM 33-A-114A, TM 33-A-122 & TM 33-A-163
Stonewall Magisterial District
July 2023
Revised October 2025
Prepared by:
Pennoni Associates Inc
117 E. Piccadilly Street
Suite 200
Winchester, Virginia 22601
Phone: 540-667-2139
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July 2023 Revised October 2025 Hopewell Highway
Commercial Center Rezoning
STATEMENT OF JUSTIFICATION
AND IMPACT ANALYSIS
INTRODUCTION
The properties totaling 38.99 acres with frontage on Route 672 Hopewell Road, Route 11
Martinsburg Pike and Interstate 81, identified as tax map parcels 33-A-114-A and 33-A-122,
are ideally located for highway commercial land uses. This application seeks to rezone the
Property from RA Rural Areas District to B2 General Business District. The site is located
wholly within the Sewer and Water Service Area (SWSA) and is within the Clearbrook and
Brucetown Rural Community Center. Rezoning the subject acreage to B2 will be consistent
with the intended business land use envisioned for the subject property in the Northeast
Frederick Land Use Plan (NELUP) of the Frederick County Comprehensive Plan. The
location of the property is also ideally suited for the B2 commercial land use due to its
location at an existing interstate interchange (exit 321) along I-81. The property is situated
between Route 11 Martinsburg Pike and I-81 and west of the anticipated industrial and
extractive mining land uses in the vicinity of the subject property proposed in the updated
NELUP under consideration by the Board of Supervisors. The proposed B2 land uses will
generate a significant increase in traffic volumes from the current agricultural land use. This
application specifically proposes the development of a full-service travel center with trailer
parking in the land bay adjacent Interstate 81. The traffic increases resulting from the new
development will pull a significant number of trips from the interstate pass through vehicles
and are proposed to be mitigated with the proffered transportation improvements. The
applicant is confident that the proposed rezoning is consistent with the land use policies of
the Comprehensive Plan, and development under the B2 zoning district will not result in
negative net impacts to the county and surrounding community at large. Furthermore, the
existing truck stop located on Route 11 Martinsburg Pike, identified as TM 33-A-163, will
agree to prohibit the truck stop land use with the approval of the rezoning application.
COMPREHENSIVE PLAN
The subject property is identified on the Northeast Frederick Land Use Plan (NELUP), is
wholly within the Sewer and Water Service Area (SWSA) and is within the Clearbrook and
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July 2023- Rev October 2025 Hopewell Highway Commercial
Center Rezoning
Brucetown Rural Community Center. These documents are intended to serve as a guide for
the intended future land uses within the SWSA and Community Center as properties within
those growth boundaries develop. The NELUP, at the time of this application, is
undergoing an update and is in review by the Frederick County Board of Supervisors. The
subject property is clearly identified in the NELUP for a highway commercial land use and
also depicts an alternative Hopewell Road realignment consistent with this application.
LAND USE
The subject property seeks to rezone from the RA district to the B2 district. The
surrounding properties are of a variety of existing land uses. To the north are vacant,
commercial contractor, retail, and residential property. Existing land uses to the east are
industrial, retail and residential properties also fronting on Route 11 Martinsburg Pike. The
surrounding properties to the south are a vacant power substation lot, and commercial
properties. The subject property is bordered by Interstate 81 to the west and B2 zoned and
an existing church beyond the Interstate Right-of-Way. The proposed B2 commercial land
use of the subject property is in conformance with the Comprehensive Plan and, both, the
current and proposed Northeast Land Use Plan. The proposed uses are compatible with the
adjacent interstate and commercial/industrial land uses. The applicant will appropriately
mitigate any impacts as a result of the increased land use intensity adjacent any remaining
residential land uses adjacent the subject property.
ACCESS AND TRANSPORTATION
The proposed development is accessible to and situated adjacent a well-established
transportation network which includes the existing Interstate 81 exit 321 interchange,
Hopewell Road and Route 11 Martinsburg Pike. The comprehensive plan identifies the
subject property as highway commercial and that an alternative design of Hopewell Road
may be necessary for implementing the goals of the Comprehensive Plan. VDOT has
reviewed and accepted Traffic Impact Study (TIS) for the development proposed by this
rezoning application. This TIS identifies improvements that accommodate the increased
traffic proposed in this application and benefit both the application and the regional road
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July 2023- Rev October 2025 Hopewell Highway Commercial
Center Rezoning
network serving this area of the county. The planned improvements, including the re-
alignment of Hopewell Road, are in conformance with the 2023 updated NELUP’s
transportation plan. The proposed roadway improvements will provide access to the subject
property off Hopewell Road with adequate intersection spacing between Interstate 81, the
site access entrance roundabout, the proposed inter-parcel connector and Route 11. The
project would also construct a new intersection for Hopewell Lane to maintain access to the
Relocated Hopewell Road. Additionally, the project will mitigate increased traffic by
constructing a roundabout at the southbound intersection ramps of Interstate 81 and
Hopewell Road. These improvements as identified in the Traffic Impact Statement
demonstrate that the increased traffic stemming from the development will be supported by
the new roadway infrastructure. The accompanying Proffer Statement details how this
development will mitigate the traffic impacts and the its contributions toward this regional
infrastructure improvement.
SITE SUITABILITY
The proposed rezoning would not result in impact on areas of steep slopes, stream channels,
lakes, ponds, flood plain, or known wetlands. Confirmation that there will not be impacted t
existing wetlands is a requirement of the Site Plan application process. The property does
not contain any significant trees or stands of trees, as it has been cultivated for most of its
recent history. The soils present on-site are Oaklet silt loam and are considered prime
farmland soils according to the Virginia Agricultural Model Map. The site generally slopes
from 2-7% toward the east and southeast and will drain into the existing storm sewer
conveyance systems established with the design and construction of Route 11 Martinsburg
Pike. A small portion of the property drains to the northwest corner of the property and
flows along the existing drainage channels constructed with Interstate 81. During the
engineering phase of the project, a stormwater management plan will be created to
adequately and effectively retain stormwater in a manner that will avoid negative impacts on
adjacent properties.
SEWAGE CONVEYANCE AND WATER SUPPLY
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July 2023- Rev October 2025 Hopewell Highway Commercial
Center Rezoning
The subject property falls within the Sewer and Water Service Area (SWSA). Sewage flows
generated by the site will discharge into the existing Frederick Water sanitary sewer facilities
present on-site. The subject property will, at its expense, construct a sewage pump station
that will tie into the existing Frederick Water service lines. The applicant will perform an
analysis of the existing sewer and water facilities to be extended to the subject property.
Use, access and extensions of these facilities will be coordinated with Frederick Water at the
time of a future Site Plan application. All new facilities shall be constructed as necessary to
fully support the proposed land uses. All facilities to be conveyed to Frederick Water will be
designed and constructed to the Frederick Water standards and specifications. The
development of the property will be limited by total traffic generated. It is estimated that the
planned land uses from the traffic model approved by VDOT will generate up to 50,600
GPD. This is based on a travel center, 100 room hotel and two fast food establishments
totaling approximately 8,500 SF in total floor area.
HISTORIC SITES AND STRUCTURES
On the recommendation of the Historic Resources Advisory Board, historical and
environmental study of the Stine House will be performed prior to its removal. Additionally,
an interpretive sign for Stine House will be placed in an appropriate location at time of Site
Plan application.
IMPACT ON COMMUNITY FACILITIES
The development of the allowed uses under the proposed B2 zoning will result in a net
positive fiscal impact for Frederick County. Additionally, it will remove one existing at grade
railroad crossing in the transportation network.
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DEPARTMENT OF TRANSPORTATION
Staunton/Edinburg Land Development
14031 Old Valley Pike
Edinburg, VA 22824
Mr. Klein,
This office has completed its review of the Hopewell Highway Commercial Center rezoning
application submitted by Pennoni Associates, Inc., on behalf of Winchester 131, LLC. The
application proposes to rezone the properties identified as Tax Map Numbers 33-A-114A, 33-A-
122, and 33-A-163 from the RA District to the B2 District. The combined acreage of the parcels
is approximately 40.48 acres. We offer the following comments for the County’s consideration:
Traffic Impact Analysis (TIA): VDOT has reviewed the TIA submitted by the applicant and
is in general concurrence with the conclusions presented. The applicant proposes a
realignment of Hopewell Road to eliminate the existing split intersection at Brucetown
Road (Route 672), Route 11, and Hopewell Road (Route 672), as well as the construction
of a roundabout at the terminus of the southbound I-81 ramps to improve interchange
operations.
Proffers: The current proffers provide for a total monetary contribution of $3,500,000
toward the transportation improvements identified on the Generalized Development
Plan (GDP). As this amount is not anticipated to be sufficient to fully fund the proposed
improvements, additional funding sources would be required to complete all identified
projects.
While the developer’s proposed transportation improvements adequately address the
transportation needs associated with this rezoning. VDOT is not advocating for or
against this particular approach to solving the issues in this area.
We appreciate the opportunity to review and comment on this rezoning request. Please
contact us if you have any questions or need additional information.
Thank you,
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
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July 2023 Hopewell Highway Commercial Center Rezoning
V
SURVEY PLAT AND DEED
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WINCHESTER 131, LLC – COMMUNITY MEETING
MEMBERS’ COMMENTS
MEMBER COMMENT
Whit Wagner
251 Tyler Road
Clearbrook, VA 22624
I am with CBVFD and would like to see Hopewell New
Light connected to Brucetown.
Nicholas Pinchot
2613 Martinsburg Pike
Stephenson, VA 22656
Overall, I think it is a good plan that fits the area and offers
improvements to some traffic concerns.
Art Bragg
P.O. Box 115
Brucetown, VA 22622
OK’ed by me
Unknown Name Plan looks good. Not a fan of increased traffic. Not a fan of
loss of rural farmland.
Unknown Name Brucetown Road needs to be part of this plan (Realignment)
for traffic and Fire Department concerns.
Unknown Name I would like to see a site plan that included a detailed Travel
Center.
Lynelle & Greg McFarland
225 Sister Chipmunk Lane
Clearbrook, VA 22624
Positive = possibility of improving the very congested
intersection @ 81, 11, Brucetown Road and moving all
large truck traffic.
Negative = loss of farmland and strain on electric and water
that will impact current residents
L. Kitts
472 Waverly Road.
Clearbrook, VA 22624
Look Great!
Love Access Road to 81/Rt. 11
Todd Bragg
661 Walters Mill Ln.
Stephenson, VA 22656
I think this is a great plan for Clearbrook area.
Brian Miller
GWFS K9
The folks at Sunoco (Old Stone Truck Stop) have supported
our DOS K9 program for over 7 years. We bring in lots of
business to other places in Frederick County. We totally
support this new project.
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Planning Commission
Agenda Item Detail
Meeting Date: July 1, 2026
Agenda Section: Public Hearings
Title: Conditional Use Permit #02-26 for Lamar Rosenberry - (Mrs. Feltner)
Attachments:
PC07-01-26_CUP02-26_Redacted.pdf
194
CONDITIONAL USE PERMIT #02-26
Lamar Rosenberry
Public Garage/Automotive Repair
Staff Report for the Planning Commission
Prepared: June 18, 2026
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: June 3, 2026
Planning Commission: July 1, 2026
Action: Postponed Action
Action: Pending
Board of Supervisors: July 8, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 07-6-2
Address 730 Pack Horse Road
Magisterial District Gainesboro
Acreage +/-9.88
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residence
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Residential/Vacant
West : RA (Rural Areas) District Land Use: Residential
Proposed Use
This is a request for a Conditional Use Permit (CUP) for a public garage for automotive repair
in the RA (Rural Areas) Zoning District.
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Page 2 of 5
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
February 11, 2026 Approved – no negative
impact on the transportation
network. If the use increases
or changes, an opportunity to
review the CUP again would
be necessary.
Frederick-Winchester Health
Department
April 7, 2026 Approved – a 4-bedroom
construction permit has been
issued for the dwelling only.
The drainfield installation
should commence
immediately.
Frederick County (FC)
Inspections
February 23, 2026 Change of occupancy permit
required, must meet Building
Code and have accessible
parking and route.
FC Fire Marshal February 23, 2026 The business shall comply
with the FC Fire Prevention
Code.
FC Public Works March 25, 2026 No comment. No proposed
change to grading or to
stormwater infrastructure.
FC GIS February 9, 2026 No need for new road names
or a separate address unless
owner is requesting a separate
address.
Planning & Zoning:
Application Proposal:
This is a request for a conditional use permit (CUP) for a public garage for automotive repair in
the RA (Rural Areas) Zoning District on +/-9.88-acres. The proposed repair garage will be operated
inside an existing 28’ x 52’ area inside the existing structure (garage). The repairs and services
will consist of preventive maintenance, computer diagnostics, and failed sensor/parts
replacements. No engine or major automotive component overhauling will be conducted. Waste
and scrap materials are stored inside the facility and recycled on a consistent basis. The hours of
operation as proposed in the application are 8 a.m. – 5 p.m. Monday through Friday and by
appointment only on Saturday and Sundays. The anticipated number of customers in the
application are one (1) to two (2) customers daily, and 7-10 customers weekly.
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Page 3 of 5
Staff Analysis:
§165-304.02 of the Federick County Zoning Ordinance for Conditional Use Permits (CUP) states
that the Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• Public Garage is designed for use of servicing, repairing, or equipping motor vehicles.
(§165-1105-04). The proposed use is permitted in the RA (Rural Area) District with an
approved conditional use permit. The property is surrounded by other RA (Rural Area)
zoned properties, which includes vacant agricultural and single-family detached
residences. The property is zoned RA (Rural Area) and will not change the character and
established development of the area.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• The property is surrounded by other RA (Rural Area) zoned properties, which includes
vacant agricultural and single-family detached residences. The proposed use will not
adversely affect the use and enjoyment of the surrounding properties.
C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan
of the County and with the intent of this chapter.
• The Comprehensive Plan identifies this area of the County as “rural” and is to remain
agricultural in nature and is not part of any land use study.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The proposal would not adversely affect the nature and character of the environment of the
County. No new structures are requested, and the operation is conducted inside an existing
facility as proposed.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• The property is accessed via an existing private driveway located at 730 Pack Horse Road.
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance provides additional regulations for motor vehicle service uses,
automotive repair shops, and public garages in §165-704.02. The additional regulation for
specific uses is as follows:
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o All repairs shall take place within the enclosed structure.
o All exterior storage of parts and equipment shall be screened from view of
surrounding properties by an opaque fence or screen of at least six feet in height.
o Inoperative vehicles shall be stored within a totally enclosed building or screened
on all sides by a six-foot tall opaque element such as a fence, wall or berm. The sale
of automobiles is prohibited.
Staff conducted a site inspection on April 15, 2026. The parking area is currently screened on the
north, east, and south side of the property with existing structures. Should the need to store
vehicles in this area in the future, an opaque screening element will be provided on the western
side of the parking area. The location and type of the screening will be noted on the illustrative
sketch.
Planning Commission Summary & Action from the June 3, 2026 Meeting:
The Planning Commission recommended hearing the public hearing on July 1, 2026 at their
regularly scheduled meeting. (9-0) (Roger Thomas, Jeff McKay, and Justin Kerns absent).
Conditions of Approval:
Should the Planning Commission find the public garage use to be appropriate, staff would suggest
the following conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The required drainfield/septic approval shall be inspected and approved by Virginia
Department of Health prior to the establishment of the use.
3. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
4. All automotive repair related activities, including repairs, shall occur entirely within an
enclosed structure. Any exterior storage of parts and equipment shall be screened from
view by an opaque fence or screen at least six (6) feet in height.
5. All parking areas shall have a gravel or hard surface.
6. The business is not permitted employees beyond those residing on the property.
7. The hours of operation shall be from 8 a.m. to 5 p.m. Monday through Friday. Saturday
and Sunday by appointment only.
8. A maximum of three (3) vehicles awaiting service is permitted.
9. Any expansion or change of use shall require a new Conditional Use Permit.
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Page 5 of 5
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this CUP application.
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DOUBLEHITCH LNPACKHORSE RD07 6 2
161
DOUBLE
HITCH LN
140
DOUBLE
HITCH LN
776
PACK
HORSE RD
600
PACK
HORSE RD
527
PACK
HORSE RD
142
DOUBLE
HITCH LN
735
PACK
HORSE RD
775
PACK
HORSE RD
680
PACK
HORSE RD
µ
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026FILESCHAPEL DRDOUBLEHITCH
LNSNAKE DRSHOCKEYSVILLERDPACK HORSE RD0 290 580145 Feet
CUP # 02 - 26: Lamar Rosenberry
PIN: 07 - 6 - 2
Repair Garage
Zoning Map
Application
Parcels
CUP #02-26
200
DOUBLEHITCH LNPACKHORSE RD07 6 2
161
DOUBLE
HITCH LN
600
PACK
HORSE RD
140
DOUBLE
HITCH LN
776
PACK
HORSE RD
680
PACK
HORSE RD
142
DOUBLE
HITCH LN
735
PACK
HORSE RD
775
PACK
HORSE RD
527
PACK
HORSE RD
µ
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: April 16, 2026FILESCHAPEL DRDOUBLEHITCH
LNSNAKE DRSHOCKEYSVILLERDPACK HORSE RD0 290 580145 Feet
CUP # 02 - 26: Lamar Rosenberry
PIN: 07 - 6 - 2
Repair Garage
Location Map
Application
Parcels
CUP #02-26
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The plan is to repair automotive vehicles by appointment. Repairs will be done inside the
main area of the enclosed structure. The structure is 48ftX52ft, however, the repair work will
only be done in the main 28ftX52ft area. There is a dividing wall that separates the main area
from a lean-to portion of the structure and that portion is 20ftX52ft and will be for personal use
only.
Waste and Scrap materials will be recycled on a consistent basis and or remain inside the
main 28ftX52ft structure to maintain a clean and tidy exterior and interior of the facility.
All inoperable vehicles that arrive will be stored inside the garage for the duration of the
repairs and will be by appointment only.
The repairs and services will consist of automotive preventive maintenance, computer
diagnostics, and failed parts or sensor replacement. There will be no engines or major
automotive components overhauled at this facility.
Auto parts deliveries will happen during normal business hours with approximately 2
deliveries per day and or 12 per week depending on work load. UPS and FEDEX will also be
normal delivery methods. Inoperable vehicles that arrive on light duty rollback by appointment
and will be stored in the enclosed structure and during the repairs. No heavy-duty vehicles for
deliveries will be needed for the repairs and services.
There are vehicles and equipment on the property that are not associated with the business
and are for personal use and for maintaining the farm. The arial imagery or satellite view from
2021 is not a good representation of the customer parking area orderliness that is planned.
Operating a normal 8am-5pm, Monday – Friday, and or by appointment.
Customers will arrive and leave from the designated parking area.
1-2 customers per day, possibly 7-10 customers per week.
No employees and or hiring planned for the foreseeable future. There will be no advertising
of the business or the address of the business to help maintain the ‘by appointment’ protocol.
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Project Name:________________________________________________
Acreage (Disturbed Area Acreage): _______________________________
PIN(s): __________________
Address (or general location):
Existing Zoning: ___________________________________________________
Proposed Conditional Use:___________________________________________
Staff Name (Email Address): _________________________________________
Agency Name Completing Comments (select one):
____ Frederick Water
____ Virginia Department of Transportation
____ Winchester Regional Airport
____ Virginia Department of Health
____ Historic Resources Advisory Board
____ Frederick County (FC) Public Schools
____ FC Public Works
____ FC Inspections
____ FC Fire Marshal
____ FC Parks & Recreation
____ FC County Attorney
____ Other (Specify): ________________________
Reviewer Name (Email Address): _____________________________________________________
Review Agency Comments:
*Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead.
Resubmission to address comments requested? Y _____ or N _____
REQUEST FOR CONDITIONAL USE PERMIT (CUP) COMMENTS
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Planning Commission
Agenda Item Detail
Meeting Date: July 1, 2026
Agenda Section: Other
Title: Current Planning Applications
Attachments:
219