PC 12-04-19 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
December 4, 2019
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
4) Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to
rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business)
District with proffers. The Property is located on the north side of Millwood Pike (Route 50
East) and the west side of Constitution Drive in the Shawnee Magisterial District and is
identified by Property Identification Number 64-A-158.
Ms. Perkins ...................................................................................................................... (A)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
REZONING APPLICATION #04-19
PERRY PROPERTIES, LLC.
Staff Report for the Planning Commission
Prepared: November 21, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John A. Bishop, AICP, Assistant Director Transportation
Reviewed Action
Planning Commission: 12/04/19 Pending
Board of Supervisors: 01/08/20 Pending
PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General
Business) District with proffers.
LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the
west side of Constitution Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/04/19 PLANNING
COMMISSION MEETING:
This is an application to rezone 6.18+/- acres from the M1 (Light Industrial) District without proffers to
the B2 (General Business) District with proffers. This site is located within the limits of the
Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and is within the Sewer and Water
Service Area. The Plan identifies this property with an industrial land use designation. In general, the
proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive
Plan. However, considering the site is bordered by commercial zoned property to the south and east,
the requested commercial may be acceptable.
The proffers associated with this rezoning request are as follows:
Proffer Statement – Dated October 17, 2019:
A) Transportation Improvements
1. The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the
same widths as the Constitution Drive northbound travel lanes between Location A and
Location B on the attached Perry Properties Transportation Improvements Exhibit dated
October 17, 2019. The Owner shall dedicate right-of-way and necessary easements as depicted
on the approved public improvement plan sufficient for the Constitution Drive widening
between Location A and Location B. The Owner shall complete the improvements and dedicate
the right-of-way and necessary easements identified in this Proffer Section prior to the issuance
of the first certificate of occupancy permit within the B-2 District portion of the Property.
2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is
generally located at Location B on the attached Perry Properties Transportation Improvements
Exhibit dated October 17, 2019. The final location of the full access commercial entrance and
required right turn lane/taper and left turn lane/taper will be approved by VDOT during the
Rezoning #04-19 PERRY PROPERTIES, LLC.
November 21, 2019
Page 2
initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the
improvements identified in this Proffer Section prior to the issuance of the first certificate of
occupancy permit within the B-2 District portion of the Property.
3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that
is generally located at Location C on the attached Perry Properties Transportation
Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out
commercial entrance and the right turn lane/taper described in Proffer Section A4 will be
approved by VDOT during the initial Site Plan within the B-2 District portion of the Property.
The Owner shall complete the improvements identified in this Proffer Section prior to the
issuance of the first certificate of occupancy permit within the B-2 District portion of the
Property.
4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution
Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is
generally located between Location A and Location C on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the
improvement identified in this Proffer Section prior to the issuance of the first certificate of
occupancy permit within the B-2 District portion of the Property.
5. The Owner proffers to construct an internal private road network to provide ingress and egress
to the full access commercial entrance on Constitution Drive and the right-in/right-out
commercial entrance on Millwood Pike Constitution Drive that is generally located between
Location B and Location C on the attached Perry Properties Transportation Improvements
Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this
Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2
District portion of the Property.
6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of
the B-2 District portion of the Property as depicted on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The right-of-way dedication plat
will be prepared and submitted to VDOT within 90 days of final non-appealable rezoning
approval by Frederick County.
7. The Owner proffers to construct a 10’ wide asphalt hiker/biker trail along the southeastern
boundary of the Property between Location A and Location B on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The 10’ wide asphalt hiker/biker
trail will be located adjacent to and outside of the Constitution Drive public right-of-way and
will serve as an alternative to a five-foot sidewalk. The Owner shall complete the improvement
identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit
within the B-2 District portion of the Property.
8. The Owner proffers to construct a 10’ wide asphalt hiker/biker trail within the Millwood Pike
right-of-way between Location A and Location C on the attached Perry Properties
Transportation Improvements Exhibit dated October 17, 2019. The 10’ wide asphalt hiker/biker
trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three
Rezoning #04-19 PERRY PROPERTIES, LLC.
November 21, 2019
Page 3
feet from the B-2 District property line between Location A and Location C to provide for an
appropriate maintenance strip. The Owner shall complete the improvement identified in this
Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2
District portion of the Property.
9. The improvements to the Millwood Pike/Constitution Drive intersection were based on a
VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The
Owner proffers to utilize current ITE Trip Generation Manual projections for the identified land
use on each Site Plan within the B-2 District portion of the Property to determine when the
cumulative traffic volume of development projects exceed 3,000 VPD. The Owner proffers to
submit traffic studies as a component of all Site Plans within the B-2 District portion of the
Property when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to the
Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving
the B-2 District portion of the Property. The Owner will be responsible for the construction of
improvements to the Millwood Pike/Constitution Drive intersection or to the portion of
Constitution Drive serving the B-2 District portion of the Property identified in the traffic study
for each Site Plan prior to the issuance of a certificate of occupancy permit for each Site Plan.
10. The Owner proffers to require all Site Plans for parcels within the B -2 District portion of the
property that have Millwood Pike frontage to provide landscaping that is in addition to the
landscaping requirements specified in Section 165-202.02.01D(13) of the Frederick County
Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental
grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of
the Property that will be located between the road right-of-way and the parking lot setback line
as demonstrated in the Landscape Enhancement Area Detail provided on the attached Per ry
Properties Transportation Improvements Exhibit dated October 17, 2019.
B) Monetary Contributions
The owner proffers to provide a monetary contribution of $0.10 per developed building square foot
for County Fire and Rescue services. The monetary contribution shall be made payable to
Frederick County at the time of issuance of the certificate of occupancy permit for development on
the 6.18± acre portion of the Property proposed for B-2, District zoning.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
Rezoning #04-19 PERRY PROPERTIES, LLC.
November 21, 2019
Page 4
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by Staff where relevant throughout this Staff report.
Reviewed Action
Planning Commission: 12/04/19 Pending
Board of Supervisors: 01/08/20 Pending
PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General
Business) District with proffers.
LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the
west side of Constitution Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-158
PROPERTY ZONING: M1 (Light Industrial) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Industrial/Vacant
South: B2 (General Business) Use: Commercial
East: M1 (Light Industrial)
B2 (General Business) Use: Commercial/Industrial
West: B2 (General Business) Use: Commercial
Rezoning #04-19 PERRY PROPERTIES, LLC.
November 21, 2019
Page 5
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see email from Arthur Boyce, VDOT-Land Development
Engineer dated October 10, 2019.
Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated August
14, 2019.
Frederick County Department of Public Works: We offer no comments at this time. A
comprehensive review of the site plan will occur when submitted in the future.
Frederick County Fire Marshall: Plan approved.
Winchester Regional Airport: No comment.
County of Frederick Attorney: Proffer is in acceptable legal form.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester and Stephenson Quadrangles)
depicts the zoning for the parcel as M1 (Light Industrial).
2) Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The Senseny/Eastern Urban Area Plan provides guidance on the future development of the
property. The property is located within the SWSA. The Plan identifies this property with an
industrial land use designation. In general, the proposed commercial zoning is inconsistent with
the current land use supported by the Comprehensive Plan. However, considering the site is
bordered by commercial zoned property to the south and east, the requested commercial may be
acceptable.
Rezoning #04-19 PERRY PROPERTIES, LLC.
November 21, 2019
Page 6
Transportation
The Eastern Road Plan calls for a New Major Collector roadway, which has now been
constructed, along the eastern boundary of this property. In addition, the Eastern Road Plan and
the MPO Long Range Plan call for the widening of Route 50 to 6 lanes along the frontage of
this property. Both roadways are key in the long-range transportation vision for this area of
Frederick County. The Applicant is accommodating these roadways through the proffer of
right-of-way to allow for the Route 50 widening and an additional widening proffer for
Constitution Drive that will allow that facility to have full width lanes that were not available
with the previous right-of-way restrictions. The Applicant is also establishing an entrance along
Constitution Drive that will allow for inter-parcel access to property not currently proposed for
rezoning along that roadway and a right-in/right-out entrance along Route 50 that meets access
management standards set by VDOT. The access management standards are an important goal
noted in the Senseny/Eastern Frederick Urban Area Plan.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
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64 A 158
212INDEPENDENCE DR
141SECURITY DR
100MYERSONS DR
200CONSTITUTION DR
140INDEPENDENCE DR
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368VICTORY RD
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441VICTORY RD
119ARBOR CT
275BRIMSTONE LN
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261BRIMSTONE LN
215BRIMSTONE LN
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REZ # 04 - 19: Perry Properties, LLCPIN: 64 - A - 158Rezoning from M1 to B2Location Map
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212INDEPENDENCE DR 100MYERSONS DR280VICTORY RD
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287VICTORY RD
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351VICTORY RD
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Application
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Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
Mixed Use Commercial/Office
Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Sensitive Natural Areas
Institutional
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
B2 / B3
Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
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