PC 12-18-19 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
December 18, 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 #05-19 for Martinsburg Pike, LLC., submitted by Painter-Lewis, P.L.C. to rezone
1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with
proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000
feet south of Stephenson Road in the Stonewall Magisterial District and are identified by
Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60.
Ms. Perkins ...................................................................................................................... (A)
5)Rezoning #07-19 for Gentle Harvest LC., submitted by Thomas Lawson, P.C. to rezone
1.204 acres from the B2 (General Business) District to the B3 (Industrial Transition) District
with proffers. The property is located at 120 Front Royal Pike in the Shawnee Magisterial
District and is identified by Property Identification Number 64-A-1C.
Ms. Perkins ...................................................................................................................... (B)
ACTION ITEMS
6)Rezoning #03-19 for Berlin Steel and Dennis Ridings, submitted by Painter-Lewis, P.L.C.,
to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers. The properties are on the eastern side of Ridings Lane, which intersects
with Route 277 in Opequon Magisterial District and are identified by Property Identification
Numbers 86-A-179C and 87-A-12.
Ms. Perkins ...................................................................................................................... (C)
7) Rezoning #06-19 Winchester Medical Center, Inc., submitted by Valley Engineering,
PLC to revise the proffered Generalized Development Plan approved with Rezoning #02-
03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned
MS (Medical Support) District to the MS (Medical Support) District. The property is on
the northern side of Route 50 West and west of Route 37 and is identified by Property
Identification Number 53-A-68.
Ms. Perkins ...................................................................................................................... (D)
PUBLIC HEARING
8) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE
I General Provisions; Amendments; and Conditional Use Permits, Part 101 General
Provisions, §165-101.02 Definitions and word usage; ARTICLE II Supplementary Use
Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional
Regulations for Specific Uses, §165-204.26 Public Utilities; ARTICLE IV Agricultural
and Residential Districts Part 401 RA Rural Areas District, §165-401.02 Permitted Uses;
§165-401.03 Conditional Uses; Part 402 RP Residential Performance District, §165-
402.02 Permitted Uses; Part 403 MH1 Mobile Home Community District, §165-403.02
Permitted Uses; ARTICLE V Planned Development Districts, Part 502 R5 Residential
Recreational Community District, §165-502.04 Permitted Uses; ARTICLE VI Business
and Industrial Zoning Districts, Part 602 B1 Neighborhood Business District §165-
602.02 Allowed Uses; Part 603 B2 General Business District, §165-603.02 Allowed Uses;
Part 604 B3 Industrial Transition Distric,t §165-604.02 Allowed Uses; Part 606 M1 Light
Industrial District, §165-606.02 Allowed Uses; Part 608 EM Extractive Manufacturing
District, §165-608.02 Permitted Uses; Part 609 HE Higher Education District, §165-
609.02 Permitted Uses. Revisions to the Frederick County Zoning to include a definition for
Public Utilities that includes utility-scale solar power generating facilities and amendments to
the supplemental use regulation for public utilities.
Mr. Klein .......................................................................................................................... (E)
Other
Adjourn
-2-
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 #05-19
MARTINSBURG PIKE, LLC.
Staff Report for the Planning Commission
Prepared: December 6, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 12/18/19 Pending
Board of Supervisors: 01/22/20 Pending
PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District
with proffers.
LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south
Stephenson Road.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION
MEETING: This is an application to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2
(General Business) District with proffers. The site contains three properties, one contains a nonconforming
structure that was once operated as a store but has been closed more than two years, one parcel is vacant, and one
parcel contains a single-family dwelling.
The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan.
The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. The owner intends to
operate a restaurant in the existing commercial structure. The site was previously utilized as a country general
store (Oates Grocery). 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 residential property to the
south and east and was previously utilized for commercial purposes, the requested commercial may be
acceptable as it is of a lesser impact to the surrounding properties.
The proffers associated with this rezoning request are as follows:
Proffer Statement – Dated October 17, 2019:
1. The existing interior lot lines will be vacated, and the three parcels will be consolidated into one lot.
2. The driveway connection from the existing residential use to Route 11 will be eliminated.
3. The owner will provide 6.5’ of right of way dedication for future road improvements along Route 11.
4. The owner will reserve 12’ of right of way for future road improvements. Ownership of this reservation
area will be ceded to Frederick County upon demand to accommodate future road improvements along
Route 11.
5. The owners of this property will donate or will cause to be donated to Frederick County the sum of
$310.40 ($0.10 per square foot of commercial space) for impacts to fire and rescue services.
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 #05-19 MARTINSBURG PIKE, LLC.
December 6, 2019
Page 2
This report is prepared by the Frederick County Planning Staff to p rovide 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: 12/18/19 Pending
Board of Supervisors: 01/22/20 Pending
PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District
with proffers.
LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south
of Stephenson Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 44-A-58, 44-A-59 and 44-A-60
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE : Vacant commercial building and residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: MH-1 (Mobile Home Community) Use: Residential
M1 (Light Industrial) Industrial
East: RA (Rural Areas) Use: Residential
M1 (Light Industrial) Residential
West: MH-1 (Mobile Home Community) Use: Residential
Rezoning #05-19 MARTINSBURG PIKE, LLC.
December 6, 2019
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: We have reviewed the rezoning application for Lanzeta Properties located
on Rte. 11 in Frederick County, VA. This application is to rezone 1.724 acres identified as parcels TM #44-A-
48, TM #44-A-59 and TM #44-A-60 from RA to B2. The proposal is to consolidate the three lots into one, if the
rezoning is successful. We offer the following comments:
Frederick County’s Comprehensive Plan calls for this segment of Rte. 11 to be a future Urban 6 lane divided
highway (U6D). We suggest coordination with County Staff to determine appropriate future right-of-ways
needs.
Please remove the proposed “improved driveway and access to residence” from the last sheet of this submittal.
Entrance proposals and design will take place at the site plan stage.
Thank you for submitting this rezoning application to our office for review. Please feel free to contact me if you
have any questions.
Frederick County Transportation: Regarding ROW reservation/dedication I would suggest you consider a bit
of a hybrid. Typically, it is preferable to get the full right-of-way dedication up front so the site can develop with
that in mind, but it is my understanding that the right-of-way for a 6-lane Route 11 as the Comprehensive Plan
calls for would render the site undevelopable since you are trying to use the existing structure. Given the fact
that the 6-lane facility is likely a long-term improvement and a 4-lane facility is more likely to happen sooner, I
would suggest consideration of a dedication sufficient to accommodate t he 4-lane roadway with a future
reservation for the 6-lane that would perhaps be triggered by redevelopment. Based on coordination w ith
VDOT, the width from the center of the existing right-of-way that would be needed for a 4-lane facility with
sidewalk in the right-of-way would be 46.5'. That grows by an additional 12' for the future 6-lane roadway. This
assumes a curb and gutter roadway and does not include right turn lane which would depend upon warrants. A
turn lane analysis is suggested to determine if would be warranted.
*ROW needs have been included in the proffer.
Virginia Dept. of Health: Please see letter from Jim Davis, REHS Environmental Health Supervisor dated
September 5, 2019.
Frederick Water: No comments at this time.
Frederick County Department of Public Works: We offer no comments at this time.
Frederick County Fire Marshall: Plan approved.
Frederick County Department of Parks & Recreation: Park and Recreation recommends some form of
bicycle/pedestrian accommodation along the Route 11 frontage.
County of Frederick Attorney: I am in receipt of your letter dated October 8 and accompanying revised
proffer statement. I believe that the revisions address my previous concerns.
Rezoning #05-19 MARTINSBURG PIKE, LLC.
December 6, 2019
Page 4
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for
both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning
classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive
amendment to the County’s Zoning Ordinance.
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 ef forts of the County.
Land Use
The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035
Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office
land use. 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 residential property to the
south and east, the requested commercial may be acceptable as it is of a lesser impact to the surrounding
properties.
Transportation
The site currently has one large entrance on Martinsburg Pike that served the existing commercial
structure and one entrance that serves the residential use. The Applicant is proposing to consolidate
those entrances into one and will modify the commercial entrance to meet VDOT standards. The
Applicant is also proffering right-of-way dedications to meet the future widening of Martinsburg Pike.
A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate.
The Applicant should be prepared to adequately add ress all concerns raised by the Planning
Commission.
PROFFER STATEMENT
Martinsburg Pike, LLC
Parcel TM #44-A-58
Property: 0.5739 acres
Parcel TM #44-A-59
Property: 0.5739 acres
Parcel TM #44-A-60
Property: 0.5762 acres
Stonewall Magisterial District
October 17, 2019
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540)662-5792
email: office@painterlewis.com
Job Number: 1807028
PROFFER STATEMENT
PARCEL ID 44-((A))-58, 44-((A))-59, 44-((A))-60
INTRODUCTION
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned owners proffer that in the event that the Board of Supervisors of Frederick
County shall approve Rezoning Application # for the rezoning of 1. 724
acres of Parcels #44-A-58, #44-A-59, and #44-A-60 from RA to 82, development of this
particular 1. 724 acres will be in conformity with the terms and conditions set forth in this
document and the attached "GENERALIZED DEVELOPMENT PLAN". These terms and
conditions may be subsequently amended or revised by the owners of the properties
with permission from the Frederick County Board of Supervisors in accordance with
Frederick County codes. These proffers shall be binding on the property owners and
their legal successors or assigns.
PROFFERS
1. The existing interior lot lines will be vacated and the three parcels will be
consolidated into one lot.
2. The driveway connection from the existing residential use to Route 11 will be
eliminated.
3. The owner will provide 6.5' of right or way dedication for future road
improvements along Route 11. -
4. The owner will reserve 12' of right of way for future road improvements.
Ownership of this reservation area will be ceded to Frederick County upon
demand to accommodate future road improvements along Route 11.
These proffers will be completed upon approval of the next site plan for any facility or
structure on these subject lands.
Monetary Contribution to Frederick County Service Organizations
The owners of this property will donate or will cause to be donated to the Frederick
County the sum of $310.40 ($0.1 O per square foot of commercial space) for impacts to
fire and rescue services. This sum will be paid upon the approval of the next site plan
for any facility or structure on these subject lands.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns and successors in the interest of the owners. In the event that the Frederick
Country Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
1
IMPACT ANALYSIS STATEMENT
Lanzeta Properties
Martinsburg Pike, LLC
Parcel TM #44-A-58
Property: 0.5739 acres
Parcel TM #44-A-59
Property: 0.5739 acres
Parcel TM #44-A-60
Property: 0.5762 acres
Stonewall Magisterial District
August 30, 2019
I a i
I ; ' ------------------~ -~ --~ ---------~--~ -~ ---~
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540)662-5792
email: office@painterlewis.com
Job Number: 1807028
IMPACT ANALYSIS STA, EMENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
f secron
i. INTRODUCTION
A. SITE SUITABILITY
B. SURROUNDING PROPERTIES
C. TRAFFIC
D. SEWAGE CONVEYANCE AND TREATMENT
E. WATER SUPPLY
F. DRAINAGE
G. SOLID WASTE DISPOSAL FACILITIES
H. HISTORIC SITES AND STRUCTURES
I. COMMUNITY FACILITIES
J. LOT CONSOLIDATION .
1
page
2
2
3
3
4
4
4
5
5
5
6
IMPACT ANALYSIS STA1 ~MENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
i. INTRODUCTION
Martinsburg Pike LLC wishes to convert the old Oates Grocery store into a restaurant.
The old store building contains 3,104 square feet and will be renovated to contain a
pizza restaurant. The building is located on TM#44-A-58 which contains 0.5739 acres.
Martinsburg Pike LLC also owns two adjoining lots. Please refer to Exhibit 1 in the
Appendix for a location map. TM #44-A-59 contains a single family house on 0.5793
acres which will remain . TM #44-A-60 contains 0.5762 acres and is currently vacant. All
lots are zoned RA-Rural Agricultural District. Under this rezoning application,
Martinsburg Pike LLC proposes to rezone all three lots from RA to B2-General Business
District.
Please refer to Exhibit 2 for a property overview exhibit. See Exhibit 3 for a metes and
bounds illustration of the area to be rezoned.
A. SITE SUITABILITY
The subject parcels are located on the east side of Martinsburg Pike about 800 feet
south of Stephenson Road in the Stonewall Magisterial District. This site is suited for
rezoning to the General Business District. The Eastern Frederick County Long Range
Land Use Plan designates these parcels as "Mixed Use Industrial/Commercial". The
parcels are within the Sewer and Water Service Area. Public water serves the current
residential property and the former grocery store. There is no public sanitary sewer
service. The properties are served by an on-site sewage disposal systems. As part of
the rezoning, a plan for continued on-site sewage disposal will be presented to the
Virginia Department of Health.
100 YEAR FLOOD PLAIN
FIRM Community Panel Number 51069 C0250 D shows the subject area to be outside
of any flood hazard zone.
WETLANDS
No jurisdictional wetlands have been identified on this property.
STEEP SLOPES
No steep slopes have been identified on this property.
MATURE WOODLANDS
No mature woodlands have been identified on this property.
SOILS
According to the Soil Survey of Frederick County, the property contains the following
soil types: Frederick-Poplimento loams (148) and Swimley silt loam (398 & 39C).
These soils are generally moderately deep and formed from weathered limestone . The
2
IMPACT ANALYSIS STA1cMENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
Hydrologic Soils Groups are B and C. Weathered bedrock can be expected at depths
exceeding 80 inches below the ground surface.
B. SURROUNDING PROPERTIES
The property to be rezoned is surrounded by residential and commercial properties. The
following table lists all adjacent owners and parcel numbers.
Tax Map No. Owner Ex. Zonina Ex.Use
44-A-57 Garv L. Payne etals M1 Commercial
44-A-56 Jack K. Wampler Sr. & Jr. MH1 Residential
44-A-61 Ernest & Marv Bailey, Trustee RA Residential
44-A-73 Brandy & Dale Haoer RA Residential
44-A-74 Douolas Keracofe RA Residential
44-1-D Garv L. Payne RA Residential
44-1-A Simkhovitch Family Livinq Part. LP RA Residential
Rezoning the property to 82 will create the requirement for buffers and landscaping
along adjacent properties in accordance with Section 165-203.01 of the Frederick
County Zoning Ordinance. The adjacent parcel which is zoned M1 would typically
require an "A" category buffer consisting of an inactive buffer of 25 ' and an active buffer
of 25'. However, the existing building on TM # 44-A-58 is located 1 O' off the common
property line, therefor the inactive/active buffer distance for this site will be 1 O' along this
common property line. Refer to the Generalized Development Plan .
C. TRAFFIC
Access to the property is via Martinsburg Pike, Route 11, a Minor Arterial Road.
According to figures from the Virginia Department of Transportation , the traffic on route
11 at this location is 5400 vehicles per day. The existing access will be improved and
the existing driveway to the residence will be eliminated .
Traffic generation estimates for the proposed uses of the property can be made using
the ITE Trip Generation Manual, 9th Edition, Volume 2. Trip estimates are based on a 16
seat restaurant and one single family residence. The estimates are shown below.
TRAFFIC IMPACT:
DATA SOURCE: ITE TRIP GENERATION MANUAL-9th EDITION-VOLUME 3
Land Use 932: high-turnover restaurant with 16 seats
Weekday: 16x4.83=77 trips (50% entering , 50% exiting)
AM Peak Hour: 16x0.6=10 trips (58% entering, 42% exiting)
PM Peak Hour: 16x0.72=12 trips (52% entering , 48% exiting)
Saturday: 16x6.21=99 trips (50% entering, 50% exiting)
Sunday: 16x5.17=82 trips (50% entering, 50% exiting)
3
IMPACT ANALYSIS STAl c::rvlENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
Land Use 210: single-family detached housing
Weekday: 1x9.52=10 trips (50% entering, 50% exiting)
AM Peak Hour: 1x0 .77=1 trips (26% entering, 74% exiting)
PM Peak Hour: 1x1 .02=1 trips (64% entering, 36% exiting)
Saturday: 1x9.91=10 trips (50% entering, 50% exiting)
Sunday: 1x8.52=9 trips (50% entering, 50% exiting)
Totals:
Weekday :
AM Peak Hour:
PM Peak Hour:
Saturday:
Sunday:
87 trips (50% entering, 50% exiting)
11 trips
13 trips
109 trips (50% entering, 50% exiting)
91 trips (50% entering, 50% exiting)
D. SEWAGE CONVEYANCE AND TREATMENT
The site is within the limits of the Frederick County Sewer and Water Service Area.
There are no public sewerage facilities serving the immediate area. The closest public
sewer is located at Yardmaster Court, approximately 900 feet to the north. This property
and the adjacent parcels are served by individual, private, on-site sewage disposal
systems. The former Oates Grocery Store and previously existing residential mobile
home were served by a conventional on-site disposal system consisting of a septic tank
and drainfield. A new pretreatment system will be installed along with the renovation of
the old store which will produce a high quality effluent to be disposed in the existing
drainfield. The total daily flow from the proposed use will be about 860 gallons. The
Virginia Department of Health has required that a reserve drainfield with the capacity to
dispose 860 gallons per day be located. This drainfield has been located on TM #44-A-
60.
E. WATER SUPPLY
The site receives domestic and fire flow from Frederick Water. A 1 O" diameter waterline
is located on the south side of the Route 11 right of way. The water demand is
essentially limited by the sewage treatment capacity. It is anticipated that the proposed
use will require a maximum of 860 gallons of water per day. A new water meter will be
installed along with the renovation of the old store.
F. DRAINAGE
Development of the site for the proposed use will not result in significant increase in
impervious surfaces. There will be little or no increase in stormwater runoff form the site .
Stormwater management will be provided in accordance with the Frederick County
Code, Chapter 165 and Chapter 143. With no increase in runoff and a disturbed area
4
IMPACT ANALYSIS STAlt:MENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
less than one acre, there will be no storm water management system installed along
with the renovation.
G. SOLID WASTE DISPOSAL FACILITIES
In general, the collection of solid waste from the proposed commercial development will
be accomplished by a private hauler. It is estimated that the development will generate
approximately ten pounds of solid waste per employee per day that will be transported
to the landfill. The anticipated maximum number of daily employees is 6. Tipping fees
are currently $50 per ton for commercial haulers. No additional solid waste disposal
facilities will be required for the proposed development. It is estimated that the annual
cost in tipping fees will be about $468.
H. HISTORIC SITES AND STRUCTURES
This site does not contain any historic or "potentially significant" historic structures as
listed in The Rural Landmarks Survey Report of Frederick County. The "Survey" lists
three sites to the north of the site as significant for their architectural style. Please refer
to Exhibit 4.
The "Possible Historic Districts" map from the 2035 Comprehensive Plan shows the
Brucetown district to the north of the site and the Third Winchester Battlefield to the
south of the site. Please refer to Exhibit 5.
According to the Frederick County Comprehensive Plan Battlefield inventory, the
property lies within or in close proximity to the commonly accepted limits of the civil war
battle known as Stephenson Depot. Please refer to Exhibit 6.
I. COMMUNITY FACILITIES
DEVELOPMENT IMPACT MODEL
The Frederick County Development Impact Model (D.I.M.) is utilized primarily for
residential rezoning requests. It is anticipated that the capital facilities impacts of
commercial and industrial rezoning requests are ultimately fiscally positive to the County
by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial
rezoning.
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department The nearest
fire and rescue facility is Station 13-Clear Brook Fire and Rescue located at 1256
Brucetown Road, approximately two miles to the north of the property in Clear Brook.
5
IMPACT ANALYSIS STATt:IVIENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
No additional fire and rescue facilities will be required for the area proposed to be
rezoned. The owner recognizes the importance of emergency services and proposes to
proffer a monetary contribution to the local emergency responder. See the attached
Proffer Statement.
PARKS AND RECREATION
There are typically no impacts on Parks and Recreation facilities associated with
rezoning to a commercial use.
J. LOT CONSOLIDATION
It is anticipated that with a successful rezoning, the three lots will be consolidated into
one lot. Consolidation will eliminate interior lot lines.
6
IMPACT ANALYSIS STAl L.:MENT
PARCEL TM #s 44-A-58, 44-A-59, 44-A-60
APPENDIX
EXHIBIT 1 LOCATION MAP
EXHIBIT 2 PROPERTY EXHIBIT
EXHIBIT 3 METES & BOUNDS MAP
EXHIBIT 4 RURAL LANDMARKS SURVEY
EXHIBIT 5 HISTORIC DISTRICTS MAP
EXHIBIT 6 CIVIL WAR BATTLEFIELDS MAP
7
J. lh~ ~tpplicmt n:u :Ji. apply i o 1hi s ,,ffa:1.· l'n:-;i plan 11..:viL:w ,J f tlh.: pn pus1..:d food s1..Tvie1.:
facility. The applicant must indud1.· :in.:h i11.·c1ural plans ~:huwin g th-.· proposed deign of the
interior ufthc fociltty l'.g. locatinn and typ,: orkitd11:111.:qipmL'nt. fond 1m:.p sinks. hand
\\~1shin g sinks. g n:w,,: 1rap it' luc:111.:d i111hc inll..'rinr. s1:ati11.~ ,m.::1 :·;. r,:s trnon1 s . li ghting .. wa ll
;md 1lnur 1.:ovc rings and de. 1\ppliu1hk (:x ti..:rior n.:qir1.;111cms including but not
limit1.:d !u th(: loca tkm o f a dumpster :ir,.a. exterior grcas-.· 1rnp ir' applic ;,1bk and c1,;. sl1(1uld
l The applicant must :1ppiy 111 this pffa:1.· l<•r a Food ScrvicL· Permit.
5. lh1..:rt> i:, ,t r,c,J:-J on lik for:.: :,c:\\Hg ,: dispo::d c()nstruction p~·rmit cbtcd :\1larch 17. I ,;i:j .. J :md
f!U! d:it t:d Dl'c ,:rnh:r l. I 'Xi ··I !(J!' the exi s tin g d wo..:1lin g 1ha1 i;-; l o 1\;m ;,ii11 dll T rv Jii :.1,.l-1\-:-9.
ll11} sy !cn1 i:, l:011n:11ti\l11al g ravity li:d and lk:si g ncd to acc11mmudatc ;1 llm:.,· n) bL~dniom
dwdling. 300 gullons p-:r d:1y maximum .
.. / S:ncc·,Tlv. /
1 · //
·. / ·1.1.
I. 1-1 · · 1 • 1···1 · s· . . 11n J ~1v 1s . , ~. 1.
''--;,;--, J 111 '' ' . l ·:11v1 rurn rn:nla cai 111 :--up1.·n·1sor
I
To be completed by Planning Sta.fl (,
Zoning Amenillr!ent Nmpber {'\ .. :-> -I I
Date Received 1 C. ti..~• t e, --+----1,--------
Fee Amount Pai d $ ,t, :>,II;},. Gv •
Anticipated PC Hearing Date I .;:i..\ \ ~' \ \:
Anticipated BOS Hearing Date i\ f'; r:·:,:.,J \ }
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Martinsburg Pike, LLC
Specific Contact Person if Other than Above: _D_o_n_a_t_o_L_a_n_z_et_a __________ _
Address: 109 Wild Rose Circle Winchester, VA 22602
Telephone: 540-667-9797 Email:--------------
Nam e:-------------------------------
Specific Contact Person if Other than Above: ________________ _
Addres s:-----------------------------
Telephone: __________ _ Email: --------------
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Nam e:-------------------------------
Specific Contact Person if Other than Above: -----------------
Address:-------------------------------
Telephone: __________ _ Email:--------------
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Painter-Lewis, P.L.C.
Specific Contact Person at Firm: _J_o_h_n_L_e _w_is ______________ _
Address: 817 Cedar Creek Grade #120 Winchester, VA 22601
Telephone: 540-662-5792 Email: jclewis@painterlewis.com
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.
Page 12
4. Project Name (if any): _S_t_e.;._p_h_e _ns_o_n_P_iz_z_a _________________ _
5. Property Information:
a. Property Identification Number(s): 445-A-58, 44-A-59, 44-A-60
b. Total acreage of the parcel(s): _1_.7_2_4 _________________ _
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
d. Current zoning designation(s) and acreage(s) in each designation:
RA, 1. 724 acres
e. Proposed zoning designation(s) and acreage(s) in each designation:
82, 1.742 acres
f. Magisterial District(s): _S_t_o_n_e_w_a_ll __________________ _
g. Location -the property is located at (give street address( es) if assigned or otherwise exact
location based on nearest road and distance from nearest intersection, using road names
and route numbers):
h.
267 4 & 2682 Martinsburg Pike
section "h' continue (additional adjoiner: 44-1-A Residential RA)
Adjoining Properties:
Parcel ID Number Use
44-A-57 Commercial
44-A-56 Residential
44-A-61 Residentail
44-A-73 Residential
44-A-74 Residential
44-1-D Residential -------------Please attach additional page( s) if necessary.
Zoning
M1
MH1
RA
RA
RA
RA
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office of the Commissioner of the
Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601.
Page 13
4. Project Name (if any): _S_t_e_p_he_n_s_o_n_P_iz_z_a _________________ _
5. Property Information:
a. Property Identification Number(s): 445-A-58, 44-A-59, 44-A-60
b. Total acreage of the parcel(s): _1_.7_2_4 _________________ _
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
d. Current zoning designation(s) and acreage(s) in each designation:
RA, 1. 724 acres
e. Proposed zoning designation(s) and acreage(s) in each designation:
B2, 1.742 acres
f. Magisterial District(s): _S_t_o_n_e_w_a_ll __________________ _
g. Location -the property is located at (give street address( es) if assigned or otherwise exact
location based on nearest road and distance from nearest intersection, using road names
and route numbers):
h.
2674 & 2682 Martinsburg Pike
section "h' continue (additional adjoiner: 44-1-A Residential RA)
Adjoining Properties:
Parcel ID Number Use
44-A-57 Commercial
44-A-56 Residential
44-A-61 Res id entail
44-A-73 Residential
44-A-74 Residential
44-1-D Residential --------------Please attach additional page( s) if necessary.
Zoning
M1
MH1
RA
RA
RA
RA
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office of the Commissioner of the
Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601.
Page 13
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. Checklist . Please check that the following items have been included with this application:
0 Location Map
[Z] Plat Depicting Metes/Bounds of Proposed Zoning
[Z] Impact Analysis Statement
!ZJ Proffer Statement (if any)
[Z] Agency Comments
[Z] Fee
[Z] Copies of Deed( s) to Property(ies)
0 Tax Payment Verification
[ZJ Digital copies (pdf s) of all submitted items
Page 14
B
REZONING APPLICATION #07-19
GENTLE HARVEST, LC.
Staff Report for the Planning Commission
Prepared: December 6, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 12/18/19 Pending
Board of Supervisors: 01/22/20 Pending
PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers.
LOCATION: The subject property is located at 120 Front Royal Pike.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING
COMMISSION MEETING:
This is an application to rezone 1.204+/- acres from the B2 (General Business) District to the B3
(Industrial Transition) District with proffers. The site is located within the limits of the
Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and identifies this property with
commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are
consistent with the current land use supported by the Comprehensive Plan, however; the
Comprehensive Plan states that this area should be designed specifically to accommodate and promote
highway commercial land uses. Staff would note that the site was previously utilized for a restaurant
which is now closed and the intended user for this site is a Discount Tire.
The proffers associated with this rezoning request are as follows:
Proffer Statement – Dated November 21, 2019:
1. Land Use Restrictions:
1.1 The Owner hereby proffers not to engage in the following uses on the Property:
• Landscape and Horticultural Services (SIC 078)
• Local and Suburban Transit Services (SIC 41)
• Motor Freight Transportation & Warehousing (SIC 42)
• Transportation by Air (SIC 45)
• Utility Facilities and their Accessory Uses (SIC 49)
• Drive-In Motion Picture Theaters (SIC 7833)
• Tractor Truck & Tractor Truck Trailer Parking (No SIC)
1.2 When used in these proffers, the “Preliminary Landscape Plan”, shall refer to
the plan entitled “Preliminary Landscape Plan” dated September 24, 2019. The
Preliminary Landscape Plan shall be incorporated by reference herein as
“Exhibit 1”. The Owner proffers that its development of the Property will be in
substantial conformity with the Preliminary Landscape Plan.
Staff Note: This proffer seeks to implement the Senseny/Eastern Urban Area
Rezoning #07-19 GENTLE HARVEST LC.
December 6, 2019
Page 2
Plan that states “enhanced area of buffer and landscaping shall be provided
adjacent to the Interstate 81 right-of-way and its ramps”.
2 Monetary Contribution to Offset Impact of Development
2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per
developed building square foot for County Fire and Rescue Services.
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 #07-19 GENTLE HARVEST LC.
December 6, 2019
Page 3
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: 12/18/19 Pending
Board of Supervisors: 01/22/20 Pending
PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers.
LOCATION: The subject property is located at 120 Front Royal Pike.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-1C
PROPERTY ZONING: B2 (General Business) District
PRESENT USE: Vacant Restaurant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Commercial/Route 50E
South: B2 (General Business) Use: Commercial
East: B2 (General Business) Use: Commercial
West: B2 (General Business) Use: Commercial
Rezoning #07-19 GENTLE HARVEST LC.
December 6, 2019
Page 4
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: VDOT has no objection to the rezoning as presented.
Frederick-Winchester Service Authority: FWSA will defer to Frederick Water.
Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire
rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is
currently served by the City of Winchester. Through redevelopment of the site, the City will continue
to provide the water and sewer services.
Frederick County Department of Public Works: We offer no comments at this time.
Frederick County Fire Marshall: Plan approved.
Winchester Regional Airport: None.
County of Frederick Attorney: Proffer is in acceptable legal form.
City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at
120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments:
Water
1. The existing water main and water meter may need to be relocated. If it is the case, vacation of
existing easement and dedication of new easements may be required.
2. Please show location of all existing utility including water main, sewer main, lateral, water
services, clean out and water meter.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the
zoning for the parcel as B2 (General Business).
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.
Rezoning #07-19 GENTLE HARVEST LC.
December 6, 2019
Page 5
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 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on
the future development of the property. The property is located within the SWSA. The
Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation.
In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current
land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that
this area should be designed specifically to accommodate and promote highway commercial
land uses
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.
£¤522
£¤50
64 A 1C
170FRONTROYAL PIKE
158FRONT ROYALPIKE
156DELCO PLAZA
160FRONTROYAL PIKE
980MILLWOODPIKE
MILLW
O
O
D
E
X
I
T
R
A
M
P
N
FRO
N
T
R
O
Y
A
L
PIK
E
MILL
W
O
O
D
PIKE
Application
Parcels
B2 (General Business District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 25, 2019
Winchester
MILLW
O
O
D
P
I
K
E
MA
L
L
B
L
V
D
DELCO
P
L
ZFRO
N
T
R
O
Y
A
L
P
I
K
E
TU
L
A
N
E
D
R
MILLWO
O
D
E
X
I
T
R
A
M
P
N
§¨¦81
§¨¦81 £¤50
0 100 20050 Feet
MILL
W
O
O
D
PIKE
REZ # 07 - 19: Gentle Harvest, LCPIN: 64 - A - 1CRezoning from B2 to B3Zoning Map
REZ #07-19
£¤522
£¤50
64 A 1C
170FRONTROYAL PIKE
158FRONT ROYALPIKE
156DELCO PLAZA
160FRONTROYAL PIKE
980MILLWOODPIKE
MILLW
O
O
D
E
X
I
T
R
A
M
P
N
FRO
N
T
R
O
Y
A
L
PIK
E
MILL
W
O
O
D
PIKE
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 25, 2019
Winchester
MILLW
O
O
D
P
I
K
E
MA
L
L
B
L
V
D
DELCO
P
L
ZFRO
N
T
R
O
Y
A
L
P
I
K
E
TU
L
A
N
E
D
R
MILLWO
O
D
E
X
I
T
R
A
M
P
N
§¨¦81
§¨¦81 £¤50
0 100 20050 Feet
MILL
W
O
O
D
PIKE
REZ # 07 - 19: Gentle Harvest, LCPIN: 64 - A - 1CRezoning from B2 to B3Location Map
REZ #07-19
£¤522
£¤50
§¨¦81
64 A 1C
170FRONTROYAL PIKE
200FRONT ROYALPIKE
158FRONTROYAL PIKE
156DELCO PLAZA
160FRONT ROYALPIKE
980MILLWOODPIKE
MILLWO
O
D
E
X
I
T
R
A
M
P
N
FRO
N
T
R
O
Y
A
L
PIK
E
MILL
W
O
O
D
PIKE
Application
ParcelsLong 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
Environmental & Recreational Resources µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 25, 2019
Winchester
MILLW
O
O
D
P
I
K
E
MA
L
L
B
L
V
D
DELCO
P
L
ZFRO
N
T
R
O
Y
A
L
P
I
K
E
TU
L
A
N
E
D
R
MILLWO
O
D
E
X
I
T
R
A
M
P
N
§¨¦81
§¨¦81 £¤50
0 100 20050 Feet
MILL
W
O
O
D
PIKE
REZ # 07 - 19: Gentle Harvest, LCPIN: 64 - A - 1CRezoning from B2 to B3Long Range Land Use Map
REZ #07-19
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
PROFFER STATEMENT
RZ#
General Business (B2) to Industrial Transition (B3)
1.204 Acres +/-;
Tax Map Parcel 64-A-1 C (the "Property")
Gentle Harvest LC
Halle Properties LLC
Discount Tire
November 21, 2019
The undersigned Owner hereby proffers that the use and development of the Property
shall be in strict conformance with the following conditions, which shall supersede all other
proffers on the Property that may have been made prior hereto. In the event that the above-
referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning
which is in effect on the day following the last day upon which the Frederick County Board of
Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate
court. If the Board's decision is contested, and the Owner elects not to submit development plans
until such contest is resolved, the term rezoning shall include the day following entry of a final
court order affirming the decision of the Board which has not been appealed, or, if appealed, the
day following which the decision has been affirmed on appeal.
1. Land Use Restrictions
1.1 The Owner hereby proffers not to engage in the following uses on the Property:
• Landscape and Horticultural Services SIC 078
• Local and Suburban Transit Services SIC 41
• Motor Freight Transportation & Warehousing SIC 42
• Transportation by Air SIC 45
• Utility Facilities & Their Accessory Uses SIC 49
• Drive-In Motion Picture Theaters SIC 7833
• Tractor Truck & Tractor Truck Trailer Parking No SIC
1.2 The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any provision of the proffers. The improvements proffered herein
shall be provided at the time of development of that portion of the Property
adjacent to or including the improvement or other proffered requirement, unless
otherwise specified herein. The term "Owner" as referenced herein shall include
within its meaning all future owners and successors in interest. When used in
these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled
"Preliminary Landscape Plan" dated September 24, 2019. The Preliminary
Landscape Plan shall be incorporated by reference herein as "Exhibit 1." The
Owner proffers that its development of the Property will be in substantial
conformity with the Preliminary Landscape Plan.
2. Monetary Contribution to Offset Impact of Development
2.1 The Owner hereby 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
the issuance of the Certificate of Occupancy Permit for any primary structure
constructed on the Property.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
2
EXHIBIT 1
DISCOUNT TIRE RETAIL STORE DEVELOPMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Frederick County by the
proffered rezoning of a 1.204 +/-acre subject property owned by Gentle Harvest LC and
identified as Tax Map Parcel 64-A-l C. The subject property is located on the west side of Front
Royal Pike (U.S. Route 522 South) at the intersection of Front Royal Pike (U.S. Route 522
South), Millwood Pike (U.S. Route 50) and the Interstate 81 Exit 313 northbound on-ramp, and
is currently zoned B-2, Business General District. The Applicant proposes to rezone the 1.204
+/-acre subject property to B-3, Industrial Transition District, with proffers to allow for the
development of a Discount Tire retail store that is approximately 8,192 square feet with 6 service
bays along the commercial corridor.
Basic Information
Location:
Magisterial District:
Property ID Number:
Current Zoning:
Current U se:
Proposed Zoning:
Proposed Use:
Total Rezoning Area:
Urban Development Area
Fronting on the west side of Front Royal Pike (U.S. Route
522 South); at the intersection of Front Royal Pike (U.S.
Route 522 South), Millwood Pike (U.S. Route 50) and the
Interstate 81 Exit 313 northbound on-ramp
Shawnee District
64-A-lC
B -2, General Business District
Vacant Restaurant
B-3, Industrial Transition District
Discount Tire Retail Store
1.2 04 +/-acres with proffers for the subject property
COMPREHENSIVE POLICY PLAN
The Urban Development Area (UDA) defines the general area in which residential, commercial,
industrial and institutional land use development is encouraged in the County. The 1.204 +/-
acre subject property is currently located in the UDA; therefore, expansion of the UDA boundary
to accommodate the proposed development of commercial land use is not required for this
rezoning application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 1.204 +/-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed development of commercial land use is not required for this rezoning application.
Comprehensive Plan Conformity
The 1.204 +/-acre subject property is located in the UDA and the SWSA and is within the study
area boundary of the Senseny/Eastem Frederick Urban Area Study. The Senseny/Eastem
Frederick Urban Area Study is a large-area plan that identifies land uses, transportation
networks, and other matters that are recommended for consideration for future land use and
development within this geographic area of the County. The 1.204 +/-acre subject property is
identified for B2/B3 commercial land use; therefore, the proposed B-3, Industrial Transition
District rezoning is in conformance with the land use recommendations of the Comprehensive
Plan Policy. The Comprehensive Plan specifies that the 1.204 +/-acre subject property should
accommodate and promote highway commercial land uses. The B-3, Industrial Transition
District rezoning is proposed to allow for the development of the Discount Tire retail store,
which has been determined not to be a permitted stand-alone land use with the B-2, Business
General District. The Discount Tire retail store, being a retailer of tires and wheels for motor
vehicles with service bays for the installation of the same, is an appropriate highway commercial
land use along a major commercial corridor.
SUITABILITY OF THE SITE
Access
The 1.204 +/-acre subject property is located on the west side of Front Royal Pike (U.S. Route
522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized
intersection. Access to the subject property will be through the Front Royal Pike/Travel Lodge
Drive signalized intersection.
Flood Plains
The 1.204 +/-acre subject property does not contain areas of floodplain as demonstrated on
FEMA NFIP Map #51069C0216D, Effective Date September 2 , 2009; as well as information
from the Frederick County GIS Database.
Wetlands
The 1.204 +/-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database.
Soil Types
The 1.204 +/-acre subject property contains one soil type as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil type is
present on site:
3B Blairton Silt Loams 2-7% slope
2
The Blairton Silt Loam soil type is identified as a prime agricultural soil and has severe wet
properties. The existing commercial land uses that have been constructed along the east and
west sides of the Front Royal Pike (U.S. Route 522 South) commercial corridor contain the same
soil type, and the subject property is not conducive for agricultural land use per the
Comprehensive Policy Plan. The soil type is conducive for commercial development of the
subject property.
Other Environmental Features
The 1.204 +/-acre subject property does not contain areas of steep slope, lakes or ponds or
natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There
are no known environmental features present that create development constraints for the
proposed commercial development project.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Millwood Pike/Interstate 81 Exit 313 northbound on-ramp
South: B-2, Business General District
West: B-2, Business General District
East: B-2, Business General District
TRANSPORTATION
Use:
Highway/Interstate
Use: Office
Use: Hotel
(Travelodge)
Use: Retail/Grocery
(Delco Plaza)
The 1.204 +/-acre subject property is located on the west side of Front Royal Pike (U.S. Route
522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized
intersection. Subsequent to final rezoning approval, access to the subject property will be
through the existing intersection.
In order to assess the potential traffic impacts for the proposed Discount Tire retail store , the
Applicant has analyzed the trips generated by the existing use of the site compared to the trips
generated by the proposed use, a Tire Store. Restaurants (SIC 58) would be the appropriate land
use to compare to the proposed Discount Tire retail store (SIC 75). The Applicant analyzed
traffic study data from the Institute of Traffic Engineers (ITE) Manual, 101h Edition specific to a
Quality Restaurant (931) and Tire Store (848). The following analysis compares traffic volumes
for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours
assuming 7,554 square feet of Quality Restaurant (931) and 8,192 square feet of Tire Store (848)
land use specific to the ITE traffic study data:
3
B-2, Business General Land Use
ITE (931) Weekday AM Peak:
ITE (931) Weekday PM Peak:
ITE (931) Saturday Peak:
ITE (931) Sunday Peak:
Q = 0. 73 Trips per 1,000 square feet gross floor area
Q = 0.73 Trips x 7.554 (7,554 sq.ft./1,000 sq .ft.)
Q = 5.51 or 6 Trips
Q = 7.80 Trips per 1,000 square feet gross floor area
Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.)
Q = 58.92 or 59 Trips
Q = 10.68 Trips per 1,000 square feet gross floor area
Q = 10.68 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.)
Q = 80 .67 or 81 Trips
Q = 7.80 Trips per 1,000 square feet gross floor area
Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.)
Q = 58.92 or 59 Trips
B-3, Industrial Transition Land Use
ITE (848) Weekday AM Peak:
ITE (848) Weekday PM Peak:
ITE (848) Saturday Peak:
ITE (848) Sunday Peak:
Q = 2.72 Trips per 1,000 square feet gross floor area
Q = 2.72 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.)
Q = 22.28 or 23 Trips
Q = 3.98 Trips per 1,000 square feet gross floor area
Q = 3.98 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.)
Q = 32.60 or 33 Trips
Q = 5.05 Trips per 1,000 square feet gross floor area
Q = 5.05 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.)
Q = 41.37 or 42 Trips
NIA
The ITE projected traffic volumes identified above indicate that the proposed Discount Tire
retail store (848) has the potential to decrease traffic volumes during the weekday peak hours by
approximately 0-9 Trips and by approximately 39 Trips during the Saturday peak hour compared
to the Quality Restaurant (931) land use. The Sunday trips generated are not applicable as
Discount Tire is not open on Sundays, and therefore will not generate any trips. These
calculations demonstrate a decrease in potential traffic volumes during these time frames
(approximately 3 vehicles every 15 minutes during the weekday peak hours and approximately
1 O vehicles every 15 minutes during the Saturday peak hour). The proposed Discount Tire retail
store will result in an overall decrease in trips, compared to that of the existing restaurant.
Therefore, it is assumed that the infrastructure in place is adequate for the proposed
development.
4
SEWAGE COVEYANCE AND TREATMENT
The 1.204 +/-acre subject property is located within the Sewer and Water Service Area (SWSA);
therefore, the property is entitled to be served by public sewer based on County Policy. The City
of Winchester is the provider of public sewer service within this area of the County, which is
managed by the City of Winchester Public Services Department.
The City of Winchester has an existing 8-inch gravity sewer line that enters the subject property
through the southern boundary of the subject property within a 20-foot easement that is
accessible to the property. All commercial land uses on the west side of Front Royal Pike (U.S.
Route 522 South) within proximity of the subject property convey sewer effluent through the 8-
inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom
Mall parcel, which then gravities to the Abram's Creek sewer transmission line that connects to
the Opequon Wastewater Treatment Facility.
Based on comparable discharge patterns, the City of Winchester Public Services Department has
determined that 75 gallons/day per 1,000 square feet of commercial land development is an
appropriate calculation for estimating the sewer demand for commercial land uses.
Q = 75 gallons/day per 1,000 square feet commercial
Q = 75 GPD x 8.192 (8,192 sq.ft./1,000 sq.ft.)
Q = 614.40 GDP
TOT AL: Q = 615 GPD projected sewer demand
The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 7.125
MGD is allocated to the City of Winchester. The City of Winchester currently averages
approximately 5.0 MGD of the allocated capacity and has approximately 2.125 MGD of
allocated capacity available for future development projects. The projected 615 GPD for the
proposed project represents 0.0003% of the available treatment capacity; therefore, the proposed
rezoning can be sufficiently accommodated by public sewer service through a system with
adequate conveyance, capacity and treatment. The proposed Discount Tire will generate
significantly less sanitary sewage into the public system than that of the previous restaurant use
at this site.
WATER SUPPLY
The 1.204 +/-acre subject property is located within the Sewer and Water Service Area (SWSA);
therefore, the property is entitled to be served by public water based on County Policy. The City
of Winchester is the provider of public water service within this area of the County, which is
managed by the City of Winchester Public Services Department.
The City of Winchester has an existing 12-inch water transmission located on the east side of
Front Royal Pike that provides public water service to the commercial land uses on the west side
of Front Royal Pike (U.S . Route 522 South). An 8-inch water line is looped off of the 12-inch
5
water transmission line that adjoins the southern boundary of the subject property within a 10-
foot easement that is accessible to the property.
Based on comparable discharge patterns, the City of Winchester Public Services Department has
determined that 75 gallons/day per 1,000 square feet of commercial development 1s an
appropriate calculation for estimating the water demand for commercial land uses.
Q = 75 gallons/day per 1,000 square feet commercial
Q = 75 GPD x 8.192 (8,192 sq.ft./1,000 sq.ft.)
Q = 614.40 GPD
TOTAL: Q = 61 5 GPD projected water demand
The City of Winchester obtains potable water from the North Fork of the Shenandoah River,
which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The
Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily,
which is transmitted to serve all properties in the City of Winchester; as well as some properties
in Frederick County. The City has sufficient water capacity to serve these properties; as well as
sell excess capacity to the Frederick County Sanitation Authority to supplement other water
systems in Frederick County. The Applicant has met with the City of Winchester Public
Services Director to discuss the proposed development project and was advised that the City has
adequate capacity to serve this project and that the existing 8-inch water loop provides adequate
pressure and fire flow for all commercial land uses within this portion of the County. Therefore,
the proposed rezoning can be sufficiently accommodated by public water service through a
system with adequate conveyance, capacity, pressure and fire flow. The proposed Discount Tire
will use significantly less water from the public system than that of the prev ious restaurant us e at
this site.
SITE DRAINAGE
The topographic relief of the 1.204 +/-acre subject property generally follows a northeasterly
pattern, which directs site drainage towar ds existing inlets on site. The Applicant prepared an
ALT A Survey for the 1.204 +/-acre subject property, which identifies a 10-foot drainage
easement on the property that has been improved with a drop inlet and storm sewer line that ties
into the overall drainage system constructed during the development of the Cracker Barrel site.
This stormwater collection system conveys stormwater to a regional stormwater management
facility that was constructed during the development of the Cracker Barrel site; therefore,
development of the subject property will utilize this regional facility.
The 1.204 +/-subject property will comply with all water quality and quantity regulations. The
Applicant will work with the County Engineer during the Site Development Plan process to
identify stormwater volumes from the proposed development of the subject property to ensure
that ther e are no detrimental impacts to the regional stormwater management facility and to
adjoining propertie s. The stormwater management plan and erosion and sediment control plan
will be d esig ned in conformance with all applicable state and local r egulations; therefore, site
6
drainage and stormwater management impacts to adjoining properties and the community will be
mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities associated with the development of the proposed
Discount Tire retail store on the 1.204 +/-acre subject property can be projected from an average
annual commercial consumption of 5 .4 cubic yards per 1,000 square feet of structural area (Civil
Engineering Reference Manual, 4th Edition). The Applicant proposes to develop a Discount Tire
retail store that is approximately 8,192 square feet with 6 service bays; therefore, solid waste
disposal impacts are based on the following figures that provide the increase in average solid
waste volume based on the development of this facility:
AAV = 5.4 cu.yd. per 1,000 square feet commercial
AAV = 5.4 cu. yd. x 8.192 (8,192 sq.ft./1,000 sq.ft.)
AAV = 44.24 cu. yd. at build-out, or 5.53 tons/yr. at build-out
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The projected commercial development will generate
approximately 5.53 tons of solid waste annually on average. This represents a 0.003% increase
in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill,
which currently averages 200,000 tons per year. Solid waste produced by the commercial
development will be disposed at the Regional Landfill by a commercial waste hauler; therefore,
the County will receive tipping fees associated with this land use to mitigate this impact. The
proposed Discount Tire will produce significantly less refuse than that of the previous restaurant
use at this site. Used tires will not be included as part of the solid waste generated from this site
to be transferred to the Regional Landfill. Discount Tire has a separate collection and recycling
program for the used tires generated from their facilities. The Regional Landfill has adequate
capacity to accommodate the solid waste impacts associated with this proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within
close proximity of the 1.204 +/-acre subject property. The Garber Farm was inventoried as part
of the overall report; however, the property was not recommended for inclusion on the list of
potentially significant properties in the final report. The Garber Farm has been subdivided into
multiple properties, which are developed as commercial and residential land uses along Garber
Lane (Route 763), and as commercial land uses along Front Royal Pike (U .S. Route 522 South).
The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the
1.204 +/-acre subject property as being located within the First Winchester study area boundary,
and within close proximity of the First Winchester core battlefield area boundary. The final
report identifies all land within the study area boundary that is located in the southeastern
quadrant of Interstate 81 Exit 313 as having lost integrity due to the existing commercial and
residential land use development patterns; as well as the construction of Interstate 81.
7
The development of commercial land use on the 1.204 +/-acre subject property is consistent
with other properties in this area of the County. The Senseny/Eastem Frederick Urban Area
Study does not identify this area of the County as historic or as a developmentally sensitive area.
The proposed rezoning of the property will not create negative impacts a ssociated with historic
properties and historic resources.
OTHER POTENTIAL IMPACTS
The commercial development of the 1.204 +/-acre subject property will provide new economic
development opportunities for Frederick County, which has been determined by the County's
Development Impact Model to be positive in the consideration of fiscal impacts to County
Capital Facilities. It is recognized that the development of commercial land use has the potential
to increase service demands on fire and rescue services; therefore, the Applicant's Proffer
Statement provides a monetary contribution of $0.10 per developed building square foot to the
County to provide additional revenues that are specifically directed to fire and rescue services.
There are no other identified potential impacts above those discussed in this Impact Analysis
Statement that would be detrimental to surrounding properties or to the County from the
rezoning and development of the 1.204 +/-acre subject property.
8
To ht! completed by Planning Staff.'
Zoning Amendment Number O "1 ·· \ "\
Date Received ~1~1-_:/~1_-~l 9~------
Fee Amount Paid $ S IBD _!_ .;·
Anticipated PC Hearing Date \.J \!(\It\
Anticipated BOS Hearing Date l !· :? 'vJ J,q
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name: Gentle Harvest LC
Specific Contact Person if Other than Above : Thomas Moore Lawson, Esquire
Address : P.O . Box 2740, Winchester, VA 22604
Telephone: (540) 665-0050 Email : tlawson@lsplc.com
Name: -------------------------------
Specific Contact Person if Other than Above: -----------------
Address:------------------------------
Telephone: __________ _ Email : -------------
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name : Halle Properties LLC
Specific Contact Person if Other than Above : -----------------
Address:------------------------------
Telephone: __________ _ Email: -------------
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name: Thomas Moore Lawson, P.C.
Specific Contact Person at Firm : Thomas Moore Lawson, Esquire
Address : P.O. Box 2740, Winchester, VA 22604
Telephone: (540) 665-0050 Email: tlawson@lsplc.com
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 (if any): _D_i_sc_o_u_n_t _T_ir_e ___________________ _
5. Property Information:
a. Property Identification Number(s): _6_4_-_A_-1_C _______________ _
b. Total acreage of the parcel(s): _1_.2_0_4 ___________________ _
c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned):
d . Current zoning designation(s) and acreage(s) in each designation:
B2 (1 .204 acr es)
e. Proposed zoning designation(s) and acreage(s) in each designation :
83 (1.204 acres)
f . Magisterial District(s): _S_h_a_w_n_e_e ___________________ _
g. Location -the property is located at (give street address(es) if assigned or otherwise exact
location based on nearest road and distance from nearest intersection, using road names
and route numbers):
h.
120 Front Royal Pike, Winchester, VA 22602
Adjoining Properties:
Parcel ID Number Use Zoning
64-A-18 office building 82
64-A-1D hotel 82
64-A-1 roadway 82
Please attach additional page(s) if necessary.
Property identification numbers, magisterial districts, and deed book and page numbers/
instrument numbers may be obtained from the Office of the Commissioner of the
Revenue, Real Estate Division, I 07 North Kent Street, Winchester, VA 2260 I.
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.
See attached.
Please attach additional page(s) if necessary.
7. Checklist. Please check that the following items have been included with this application:
0 Location Map
[Z] Plat Depicting Metes/Bounds of Proposed Zoning
[Z] Impact Analysis Statement
0 Proffer Statement (i f any)
[Z] Agency Comments
[Z] Fee
IZJ Copies of Deed(s) to Property(ies)
IZJ Tax Payment Verification
IZJ Digital copies (pdf's) of all submitted items
6. Disclosure of real parties in interest.
Property Owner: Gentle Harvest LC
Sole Owner:
Sak Group, LC
8458 W. Main Street
Marshall, VA 20115
Sandy Lerner, Manager
D. Brook Middleton, Manager
8458 W. Main Street
Marshall, VA 20115
Applicant: Halle Properties LLC
Managing Member:
Wilanna, Inc.
20225 N. Scottsdale Road
Scottsdale , AZ 85225
Lisa M . Halle Pedersen, President and Director
Michael S. Zuieback, Treasurer and Director
Douglas S. Wilson, Secretary
Timothy J. Schafer, Officer
Susan R. Halle Lyle, Director
Diane M. Halle, Director
Bruce T. Halle, Jr., Director
R.T. Corp, Shareholder
20225 N . Scottsdale Road
Scottsdale, AZ 85255
Member:
Teton-Pitkin L.L.C.
20225 N . Scottsdale Road
Scottsdale, AZ 85255
BTJHR TP Trust u/a BTH 2003 TP Irrevocabl e Trust
LMHP TP Trust u/a BTH 2003 TP Irrevocable Trust
MSZ TP Trust u/a BTH 2003 TP Irrevocable Trust
SRHL TP Trust u/a BTH 2003 TP Irrevocable Trust
4 785 Caughlin Parkway
Reno, NV 89519
C
REZONING APPLICATION #03-19
BERLIN STEEL ESTATE INC.
Staff Report for the Planning Commission
Prepared: December 6, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 10/16/19 Public Hearing Held; Tabled 60 Days
Planning Commission: 12/18/19 Public Meeting
Board of Supervisors: 01/08/19 Pending
PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers.
LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING
COMMISSION MEETING:
This is an application to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers. The site is located within the limits of the Southern Frederick Land
Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use
designation. The proposed M1 Zoning is generally consistent with the Southern Frederick Land Use
Plan as it relates to this area. These properties are not located within the limits of the Sewer and Water
Service Area (SWSA). The Comprehensive Plan states that it is expected that the land uses within the
UDA and SWSA will be served by public water and sewer. However, as this site is contiguous to
existing M1 Zoning and is intended to facilitate an expansion to an existing business (Berlin Steel), this
request to rezone property outside of the SWSA may be appropriate.
The proffers associated with this rezoning request are as follows; Staff has provided comments
regarding concerns associated with this request:
Proffer Statement – Dated November 18, 2019:
1. The land and any improvements thereto will be expressly used for a metal fabrication business
as permitted under the M1 Zoning.
2. Prior to approval of the next site plan for any facility or structure on these subject lands, the
owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from
Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and
design of any resultant improvement to Route 277 will be subject to VDOT approval.
3. As shown on the Generalized Development Plan, a 100’ wide strip of land will be reserved on
the subject lands for future road network improvements. No permanent buildings will be
erected within this area.
4. Monetary Contribution – The owners will donate $1,000 for impacts to fire and rescue services.
Staff Comments:
Rezoning #03-19 Berlin Steel Estate Inc.
December 6, 2019
Page 2
• Proffer 2 – the Applicant has not committed to constructing a turn lane if warranted
by VDOT – only a traffic count and design. The Applicant should clarify the
construction of a turn lane if necessary, in conjunction with site development.
• Proffer 3 – This proposed reservation area does not follow the minor collector
roadway planned through this site per the Southern Frederick Land Use Plan.
However, the reservation location would still allow the future road to be constructed
in general conformance with the Comprehensive 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.
Rezoning #03-19 Berlin Steel Estate Inc.
December 6, 2019
Page 3
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: 10/16/19 Public Hearing Held; Tabled 60 Days
Planning Commission 12/18/19 Public Meeting
Board of Supervisors: 01/08/19 Pending
PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers.
LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-179C and 87-A-12
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Berlin Steel – Industrial
East: RA (Rural Areas) Use: Residential/Agricultural
East: RA (Rural Areas) Use: Residential/Agricultural
West: RA (Rural Areas) Use: Vacant/Agricultural
Rezoning #03-19 Berlin Steel Estate Inc.
December 6, 2019
Page 4
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: We have reviewed the rezoning application for Berlin Steel and
Ridings to rezone a total of 15.3933 acres from RA to M1 for the use of metal fabrication business. We
have also reviewed a turn lane warrant analysis associated with this rezoning. The turn lane analysis
indicated needs for turn lane in the future, however, the proffer statement does not include mitigation to
offset future turn lane and intersection needs.
Frederick County Transportation:
County Staff concurs with VDOT regarding the need for a turn lane at the entrance per the requested
expanded use in the rezoning, however I would note that the proffer statement does not include
accommodation for this expected impact on the transportation network.
Frederick-Winchester Health Department: The Frederick County Health Department has no
objection to the proposed zoning changes from RA to M1 since this change does not affect any
proposed or existing wells or septic systems on the properties.
Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated May 15,
2019.
Frederick County Department of Public Works: In the Impact Analysis Statement, Section F-
Drainage also reference Chapter 143 of County Code – Stormwater/Erosion and Sediment Control
Ordinance comprehensive review will occur at the time of site plan submission.
Frederick County Fire Marshall: Plan approved.
County of Frederick Attorney: Please see email from Roderick B. Williams, County Attorney dated
August 28, 2019.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the
zoning for both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General)
District zoning classification was modified to RA (Rural Areas) District on February 14, 1990
during the comprehensive amendment to the County’s Zoning Ordinance.
*The adjacent Berlin Steel property was rezoned in 1983 and 2001.
2) Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
Rezoning #03-19 Berlin Steel Estate Inc.
December 6, 2019
Page 5
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 site is located within the limits of the Southern Frederick Land Use Plan of the 2035
Comprehensive Plan and depicts the subject properties with an industrial land use designation.
The proposed M1 Zoning is generally consistent with the Southern Frederick Land Use Plan as
it relates to this area. Staff would note that these properties are not located within the limits of
the Sewer and Water Service Area (SWSA).
Transportation
The site is accessed via an existing commercial entrance (Ridings Lane) that intersects with
Fairfax Pike (Route 277). No improvements are proposed by the Applicant. VDOT stated in
their comment that the turn lane analysis indicated needs for a turn lane in the future, however,
the proffer statement does include mitigation to offset future turn lane and intersection needs.
County transportation Staff notes that they concur with the need for the turn lane, and further
notes that the Applicant has not addressed this impact of the rezoning in their proffer statement.
Staff would note that the Southern Frederick Land Use Plan shows a new minor collector
roadway planned through this site. It is noted that this is a planned roadway and not designed at
this time and the location may be subject to future modifications. The Applicant has proffered a
slightly adjusted location for this planned roadway.
Environmental
Parcel 86-A-179C contains an approximately three-acre pond, there are no floodplains or
wetlands as stated in the Applicant’s impact statement. The site does contain some steep slopes
that are identified eastern portion of the site. Woodlands generally cover parcel 87-A-12 and
the southern and eastern portion of 86-A-179C. The Applicant proposes to clear much of the
woodlands with the development of the site.
This site is not within the limits of the Sewer and Water Service Area (SWSA) and therefore is
served via a private onsite sewage disposal system. This system is monitored by the Virginia
Department of Environmental Quality.
Rezoning #03-19 Berlin Steel Estate Inc.
December 6, 2019
Page 6
3) Proffer Statement – Dated November 18, 2019:
1. The land and any improvements thereto will be expressly used for a metal fabrication business
as permitted under the M1 Zoning.
2. Prior to approval of the next site plan for any facility or structure on these subject lands, the
owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from
Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and
design of any resultant improvement to Route 277 will be subject to VDOT approval.
3. As shown on the Generalized Development Plan, a 100’ wide strip of land will be reserved on
the subject lands for future road network improvements. No permanent buildings will be
erected within this area.
4. Monetary Contribution – The owners will donate $1,000 for impacts to fire and rescue services.
PLANNING COMMISSION SUMMARY AND ACTION FR OM THE 10/18/19 MEETING:
Staff provided an overview of the application and the proposed proffers. The Commission questioned
the left turn lane possibly needed along Route 277 and the location of the planned collector road shown
in the Comprehensive Plan. The Commission expressed concerns that the Applicant was not addressing
VDOT’s comment regarding the need for a turn lane, as well as, the planned collector road. Mr. Lewis
addressed the proposed collector road and stated that it could possibly be relocated since its not
designed. The current location in the Comprehensive Plan greatly impacts their proposed new laydown
yard. He further stated that the need for the turn lane would be determined at the site plan stage. The
Commission questioned the turn lane need and requested the Applicant consider modifying the
application to state that the turn lane would be constructed if warranted by VDOT. Mr. Lewis stated
that the was amendable to that language.
There was one comment during the public hearing. The Planning Commission postponed the
application for 60 days to allow the Applicant to allow the owner to work with the County to relocate
the collector roadway off the property.
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.
¬«277
¬«277
87 A 12
87 A 12
270RIDINGS LN
214APPRENTICE LN
1702FAIRFAXPIKE
260RIDINGS LN
1588FAIRFAXPIKE
109APPRENTICE LN
1500FAIRFAXPIKE
1290FAIRFAXPIKE
1518FAIRFAXPIKE
1450FAIRFAXPIKE
1308FAIRFAXPIKE
1532FAIRFAXPIKE
1400FAIRFAXPIKE
1304FAIRFAXPIKE
1436FAIRFAXPIKE
1553FAIRFAXPIKE
1312FAIRFAXPIKE
160JOURNEYMAN LN
1487FAIRFAXPIKE 1501FAIRFAXPIKE1465FAIRFAXPIKE
1475FAIRFAXPIKE
1445FAIRFAXPIKE 1457FAIRFAXPIKE
1261FAIRFAXPIKE 1301FAIRFAXPIKE
1371FAIRFAXPIKE
1389FAIRFAXPIKE
1415FAIRFAXPIKE
173JOURNEYMAN LN
JOU
R
N
E
Y
M
A
N
L
N
APP
R
E
N
T
I
C
E
L
N
FAIRFAX
P
I
K
E
RID
I
N
G
S
L
N
Areas to be Rezoned
Application
Parcels
M1 (Light Industrial District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: September 16, 2019
Armel
FAIRFAX PI
K
E
WHIT
E
O
A
K
R
D
RID
I
N
G
S
L
N
WRIG
H
T
S
R
U
N
L
N
CEDAR LN APP
R
E
N
T
I
C
E
L
N
¬«277
0 410 820205 Feet
87 A 12
REZ # 03 - 19: Berlin Steel Real Estate, Inc.PINs: 86 - A - 179C, 87 - A - 12Rezoning from RA to M1Zoning Map
REZ #03-19
REZ #03-19
86 A 179C
86 A 179C
¬«277
¬«277
87 A 12
87 A 12
270RIDINGS LN
214APPRENTICE LN
1702FAIRFAXPIKE
260RIDINGS LN
1588FAIRFAXPIKE
109APPRENTICE LN
1500FAIRFAXPIKE
1290FAIRFAXPIKE
1518FAIRFAXPIKE
1450FAIRFAXPIKE
1308FAIRFAXPIKE
1532FAIRFAXPIKE
1400FAIRFAXPIKE
1304FAIRFAXPIKE
1436FAIRFAXPIKE
1553FAIRFAXPIKE
1312FAIRFAXPIKE
160JOURNEYMAN LN
1487FAIRFAXPIKE 1501FAIRFAXPIKE1465FAIRFAXPIKE
1475FAIRFAXPIKE
1445FAIRFAXPIKE 1457FAIRFAXPIKE
1261FAIRFAXPIKE 1301FAIRFAXPIKE
1371FAIRFAXPIKE
1389FAIRFAXPIKE
1415FAIRFAXPIKE
173JOURNEYMAN LN
JOU
R
N
E
Y
M
A
N
L
N
APP
R
E
N
T
I
C
E
L
N
FAIRFAX
P
I
K
E
RID
I
N
G
S
L
N
Areas to be Rezoned
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: September 16, 2019
Armel
FAIRFAX PI
K
E
WHIT
E
O
A
K
R
D
RID
I
N
G
S
L
N
WRIG
H
T
S
R
U
N
L
N
CEDAR LN APP
R
E
N
T
I
C
E
L
N
¬«277
0 410 820205 Feet
87 A 12
REZ # 03 - 19: Berlin Steel Real Estate, Inc.PINs: 86 - A - 179C, 87 - A - 12Rezoning from RA to M1Location Map
REZ #03-19
REZ #03-19
86 A 179C
86 A 179C
FISHERSubdivision
WRIGHTS RUN ACRESSubdivision
¬«277
¬«277¬«277
87 A 12
87 A 12
1702FAIRFAXPIKE
214APPRENTICE LN
270RIDINGS LN109CEDAR LN
107CEDAR LN
1155HUDSONHOLLOW RD 260RIDINGS LN
1588FAIRFAXPIKE
1500FAIRFAXPIKE 109APPRENTICE LN
1290FAIRFAXPIKE 1518FAIRFAXPIKE
1214FAIRFAXPIKE1120FAIRFAXPIKE
1450FAIRFAXPIKE
107APPRENTICE LN107APPRENTICE LN
1308FAIRFAXPIKE 1532FAIRFAXPIKE 127APPRENTICE LN
127APPRENTICE LN
1400FAIRFAXPIKE
1304FAIRFAXPIKE 1553FAIRFAXPIKE1555FAIRFAXPIKE
1312FAIRFAXPIKE 1436FAIRFAXPIKE
160JOURNEYMAN LN
1176FAIRFAXPIKE 1194FAIRFAXPIKE
1256FAIRFAXPIKE
1250FAIRFAXPIKE
1487FAIRFAXPIKE
1445FAIRFAXPIKE
1457FAIRFAXPIKE
1465FAIRFAXPIKE
1475FAIRFAXPIKE
1201FAIRFAXPIKE
1207FAIRFAXPIKE
1217FAIRFAXPIKE
1227FAIRFAXPIKE
1237FAIRFAXPIKE
1261FAIRFAXPIKE 1301FAIRFAXPIKE 1371FAIRFAXPIKE 1389FAIRFAXPIKE
1415FAIRFAXPIKE
173JOURNEYMAN LN
1165FAIRFAXPIKE
1175FAIRFAXPIKE
1185FAIRFAXPIKE
1195FAIRFAXPIKE 1247FAIRFAXPIKE
WRIGH
T
S
R
U
N
L
N
JOUR
N
E
Y
M
A
N
L
N
APP
R
E
N
T
I
C
E
L
N
RID
I
N
G
S
L
N
FAIRFAX PIKE
Areas to be Rezoned
Application
ParcelsEastern Road Plan
New Major Arterial
Improved Major Arterial
New Minor Arterial
Improved Minor Arterial
New Major Collector
Improved Major Collector
New Minor Collector
Improved Minor Collector
Ramp
Roundabout
Trails
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
Environmental & Recreational Resources µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: September 16, 2019
Armel
FAIRFAX PI
K
E
WHIT
E
O
A
K
R
D
RID
I
N
G
S
L
N
WRIG
H
T
S
R
U
N
L
N
CEDAR LN APP
R
E
N
T
I
C
E
L
N
¬«277
0 625 1,250312.5 Feet
87 A 12
REZ # 03 - 19: Berlin Steel Real Estate, Inc.PINs: 86 - A - 179C, 87 - A - 12Rezoning from RA to M1Long Range Land Use Map
REZ #03-19
REZ #03-19
86 A 179C
86 A 179C
D
REZONING APPLICATION #06-19
WINCHESTER MEDICAL CENTER, INC.
Staff Report for the Planning Commission
Prepared: December 6, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 12/18/19 Pending
Board of Supervisors: 01/08/20 Pending
PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning #02-03
for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to
reflect the updated internal street network within the development.
LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING
COMMISSION MEETING:
This is a proposed minor proffer amendment for minor text revisions and revisions to the approved
Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68
to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of
37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant
proposes to remove the uses shown on the proffered GDP to allow for potential alternative
development. The Applicant is also proposing to remove proffer 3 from the landscape design features
which required a landscaped roundabout. This feature was removed, and the internal road system has
already been constructed – therefore this proffer is unnecessary.
The impacts associated with the change of use are very limited; no additional impact s to Frederick
County or the surrounding property owners are anticipated. Staff is supportive of this request for a minor
proffer modification to the GDP and text.
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 #06-19 WINCHESTER MEDICAL CENTER, INC.
December 6, 2019
Page 2
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: 12/18/19 Pending
Board of Supervisors: 01/08/20 Pending
PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03
for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to
reflect the constructed internal street network within the development.
LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 53-A-68
PROPERTY ZONING: B2 (General Business) District
MS (Medical Support) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural
South: B2 (General Business) Use: Commercial
East: N/A Interstate Use: Route 37
West: RA (Rural Areas) Use: Agricultural, Residential
B2 (General Business) Vacant
Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC.
December 6, 2019
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated
August 5, 2019 for impacts to the local transportation system. We have no overall objection to the
proposed rezoning with the following comment being addressed.
We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes
Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all
parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth
Transportation Board (CTB) approval. This could be accomplished by amending the Street
Improvements section of the proffers as follows: “The Applicant shall design and construct all roads
on the subject property consistent with the County’s adopted Round Hill Land Use Plan for the area,
and requirements as consistent with the Commonwealth Transportation Board’s “Right of Way
and Limited Access Control Changes Route 37 and Campus Boulevard Interchange” approval
dated December 17, 2009, and according to uniform standards…” We also suggest including a copy of
the Resolution of the CTB (attached) be included as an appendix to the proffer.
Staff Note: Per VDOT’s comment, the Applicant has referenced the Commonwealth
Transportation Board’s “Right of Way and Limited Access Control Changes Route 37 and
Campus Boulevard Interchange” approval dated December 17, 2009 in the updated proffer
statement.
County of Frederick Attorney: Proffer appears acceptable.
Planning & Zoning:
1) Site History
The subject property was rezoned from the RA (Rural Areas) District to the B2 (General
Business) District and the MS (Medical Support) District with the approval of Rezoning #02-
03.
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.
Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC.
December 6, 2019
Page 4
Land Use
The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035
Comprehensive Plan and depicts the subject property with commercial land use designation.
The existing B2 Zoning and MS Zoning is consistent with the Comprehensive 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.
MILLERSTECKSubdivision
WINCHESTERMEDICAL CENTERSubdivision
£¤50
¬«37
Winchester
53 A 68
219ROUND HILL RD 200WARD AVE 165WARD
307COLIN CT 304COLIN CT
432WESTSIDESTATION
2093NORTHWESTERNPIKE134WARD AVE 135WARDAVE
125WARD AVE
1997NORTHWESTERNPIKE
1983NORTHWESTERNPIKE
301COLIN CT 427WESTSIDESTATION
108STONEWALL DR
122WARDAVE 121WARD AVE
419WESTSIDESTATION 416WESTSIDESTATION
1961KATHY CT
113STONEWALL DR 107WARDAVE 409WESTSIDESTATION
1954KATHY CT
2161NORTHWESTERNPIKE
2131NORTHWESTERNPIKE 2051NORTHWESTERNPIKE
2035NORTHWESTERNPIKE
150CROCKWELLS MILL180CROCK WELLSMILL
230CROCKWELLS MILL
2054NORTHWESTERNPIKE
300MARRIOTDRIVE
501WALMART DR
501WALMART DR
501WALMART DR
174BOTANICALBLVD
194ECHO LN
2106NORTHWESTERNPIKE
377ECHO LN
377ECHO LN
956POORHOUSE RD
925ECHO LN
925ECHO LN
448THWAITE LN
343MARGARET LN
WES
T
S
I
D
E
STA
T
I
O
N
D
R
HOSPI
T
A
L
R
D
CH
A
M
B
E
R
S
V
I
L
L
E
LN
STONEWALL DR
CO
N
F
E
R
E
N
C
E
CEN
T
E
R
D
R
MARRIOTT
D
R
NORTH
SECTOR
C
T
KATHY CT
CROCK W
E
L
L
S
MILL DR
NORTHWESTERNPIKE
BO
T
A
N
I
C
A
L
BLV
D OM
P
S
D
R
AMHERST ST
WALMART
D
R
WA
R
D
A
V
E
M
E
A
D
O
W
B
R
A
N
C
H
A
V
E
MER
R
I
M
A
N
S
L
N
LIN
D
E
N
D
R
CAMP
U
S
B
L
V
D
KE
A
T
I
N
G
D
R
ECH
O
L
N
Application
Parcels
B2 (General Business District)
MS (Medical Support District)
RP (Residential Performance District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 29, 2019
WinchesterRound Hill
FO
X
D
R
ECH
O
L
N
LIN
D
E
N
D
R
CAMPU
S
B
L
V
D
MARGARET LN
ALL
E
Y
KE
A
T
I
N
G
D
R
WA
R
D
A
V
E
WEST
S
I
D
E
S
T
A
T
I
O
N
D
R
¬«37¬«37
0 910 1,820455 Feet
REZ # 06 - 19: Winchester Medical Center, Inc.PIN: 53 - A - 68Rezoning from B2 to MSZoning Map
REZ #06-19
MILLERSTECKSubdivision
WINCHESTERMEDICAL CENTERSubdivision
£¤50
¬«37
Winchester
53 A 68
219ROUND HILL RD 200WARD AVE 165WARD
307COLIN CT 304COLIN CT
432WESTSIDESTATION
2093NORTHWESTERNPIKE134WARD AVE 135WARDAVE
125WARD AVE
1997NORTHWESTERNPIKE
1983NORTHWESTERNPIKE
301COLIN CT 427WESTSIDESTATION
108STONEWALL DR
122WARDAVE 121WARD AVE
419WESTSIDESTATION 416WESTSIDESTATION
1961KATHY CT
113STONEWALL DR 107WARDAVE 409WESTSIDESTATION
1954KATHY CT
2161NORTHWESTERNPIKE
2131NORTHWESTERNPIKE 2051NORTHWESTERNPIKE
2035NORTHWESTERNPIKE
150CROCKWELLS MILL180CROCK WELLSMILL
230CROCKWELLS MILL
2054NORTHWESTERNPIKE
300MARRIOTDRIVE
501WALMART DR
501WALMART DR
501WALMART DR
174BOTANICALBLVD
194ECHO LN
2106NORTHWESTERNPIKE
377ECHO LN
377ECHO LN
956POORHOUSE RD
925ECHO LN
925ECHO LN
448THWAITE LN
343MARGARET LN
WES
T
S
I
D
E
STA
T
I
O
N
D
R
HOSPI
T
A
L
R
D
CH
A
M
B
E
R
S
V
I
L
L
E
LN
STONEWALL DR
CO
N
F
E
R
E
N
C
E
CEN
T
E
R
D
R
MARRIOTT
D
R
NORTH
SECTOR
C
T
KATHY CT
CROCK W
E
L
L
S
MILL DR
NORTHWESTERNPIKE
BO
T
A
N
I
C
A
L
BLV
D OM
P
S
D
R
AMHERST ST
WALMART
D
R
WA
R
D
A
V
E
M
E
A
D
O
W
B
R
A
N
C
H
A
V
E
MER
R
I
M
A
N
S
L
N
LIN
D
E
N
D
R
CAMP
U
S
B
L
V
D
KE
A
T
I
N
G
D
R
ECH
O
L
N
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 29, 2019
WinchesterRound Hill
FO
X
D
R
ECH
O
L
N
LIN
D
E
N
D
R
CAMPU
S
B
L
V
D
MARGARET LN
ALL
E
Y
KE
A
T
I
N
G
D
R
WA
R
D
A
V
E
WEST
S
I
D
E
S
T
A
T
I
O
N
D
R
¬«37¬«37
0 910 1,820455 Feet
REZ # 06 - 19: Winchester Medical Center, Inc.PIN: 53 - A - 68Rezoning from B2 to MSLocation Map
REZ #06-19
WINCHESTERMEDICAL CENTERSubdivision
£¤50
¬«37
Winchester
53 A 68
365ROCKHARBOR DR
219ROUNDHILL RD
200WARD AVE 165WARD
307COLIN CT 304COLIN CT
183ROUNDHILL RD 2093NORTHWESTERNPIKE
136WARD AVE
132WARDAVE 135WARD AVE
125WARD AVE
1997NORTHWESTERNPIKE
1983NORTHWESTERNPIKE
301COLIN CT 427WESTSIDESTATION
420WESTSIDESTATION
104STONEWALL DR
108STONEWALL DR
112STONEWALL DR
116STONEWALL DR 122WARDAVE 121WARD AVE
419WESTSIDESTATION 1953KATHY CT
2275NORTHWESTERNPIKE
113STONEWALL DR 113WARD AVE
409WESTSIDESTATION 1954KATHY CT
137ROUND HILL RD
2161NORTHWESTERNPIKE 2131NORTHWESTERNPIKE
2051NORTHWESTERNPIKE 2035NORTHWESTERNPIKE
2255NORTHWESTERNPIKE
110CROCKWELLS MILL 150CROCKWELLS MILL
180CROCKWELLS MILL
230CROCKWELLS MILL
2054NORTHWESTERNPIKE
300MARRIOTDRIVE
2178NORTHWESTERNPIKE
501WALMART DR
501WALMART DR
501WALMART DR
174BOTANICALBLVD
194ECHO LN
2106NORTHWESTERNPIKE
400CLOCKTOWERRIDGE
400CLOCKTOWERRIDGE
377ECHO LN
377ECHO LN
956POORHOUSE RD
925ECHO LN
925ECHO LN
448THWAITE LN
WES
T
S
I
D
E
STA
T
I
O
N
D
R
HOSPI
T
A
L
R
D
CH
A
M
B
E
R
S
V
I
L
L
E
LN
CO
N
F
E
R
E
N
C
E
CEN
T
E
R
D
R
MARRIOTT
D
R
LIN
D
E
N
DR
ROUN
D
H
I
L
L
R
D
K
E
A
T
I
N
G
D
R
KATH
Y
C
T
RE
T
A
I
L
BLV
D
BO
T
A
N
I
C
A
L
BLV
D
AMHERST STNORTHWESTERN PIKE
WA
R
D
A
V
E
M
E
A
D
O
W
B
R
A
N
C
H
A
V
E
CROCK WELLS
MILL DR
MER
R
I
M
A
N
S
L
N
WALMART
D
R
S
T
O
N
E
W
A
L
L
D
R
CAMPU
S
B
L
V
D
ECH
O
L
N
Application
ParcelsLong 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
Environmental & Recreational Resources µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: October 29, 2019
WinchesterRound Hill
FO
X
D
R
ECH
O
L
N
LIN
D
E
N
D
R
CAMPU
S
B
L
V
D
MARGARET LN
ALL
E
Y
KE
A
T
I
N
G
D
R
WA
R
D
A
V
E
WEST
S
I
D
E
S
T
A
T
I
O
N
D
R
¬«37¬«37
0 900 1,800450 Feet
REZ # 06 - 19: Winchester Medical Center, Inc.PIN: 53 - A - 68Rezoning from B2 to MSLong Range Land Use Map
REZ #06-19
E
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Public Utilities including utility-scale solar power
generating facilities – Public Hearing
DATE: December 10, 2019
At their November 13th public hearing, the Board of Supervisors directed Staff to amend the
proposed ordinance amendment for “public utilities” to further specify “utility-scale solar power
energy facilities” as a conditional use in the RA Zoning District, and not allow this use by-right.
As a result of this change in the use allowance, the item was sent back to the Planning Commission
for a new public hearing.
This is a proposed amendment to Chapter 165 – Zoning Ordinance to provide:
1. A definition for “Public Utilities” that includes utility-scale solar power energy generating
facilities;
2. A definition for “decommissioning” and “utility-scale solar power generating facilities,”
consistent with the Code of Virginia;
3. Additional regulations for specific uses that requires utility-scale solar generating energy
facilities to make arrangements, including financial security, for decommissioning
consistent with/as required by the Code of Virginia, and site plan review/approval only for
utility-scale solar power generating facilities; and
4. Add “utility-scale solar power energy facilities” as a conditional use in the RA (Rural
Areas) Zoning District.
The above changes to the additional regulations for specific uses section does not affect current
public utilities, including water/sewer treatment and distribution facilities. The only change from
what was previously considered by the Planning Commission on October 16th is “utility-scale solar
power energy facilities” as a conditional use in the RA Zoning District.
The General Assembly amended the Code of Virginia (§15.2-22.41.2) to include decommissioning
of solar energy facilities effective July 1, 2019. Previously, the County Attorney and Staff
provided a determination that was shared with the Board of Supervisors on July 2018, stating that
utility-scale solar power generating energy facilities would qualify as a “public utility” type-
facility and would otherwise be allowed by-right in the County’s RA (Rural Areas) Zoning District
(and other zoning districts where public utilities are permitted by-right). In that determination, it
was noted that the Board could restrict the use to a conditional use permit.
This item was proposed by the County Attorney and Staff and discussed by the DRRC at their
June 27th, July 25th, and August 22nd regular meetings. The DRRC agreed with the proposed
changes from August 22nd, and the item was forwarded to the Planning Commission for discussion.
The Planning Commission discussed this item on September 4th and the Board of Supervisors
discussed this item on September 25th. During their discussion, the Board directed Staff to also
provide a definition for “decommissioning” and “utility-scale solar power energy generating
facilities” and the item was sent forward, with requested amendments, for public hearing. The
Planning Commission held a public hearing on the public utilities ordinance amendment on
October 16th and recommended the item go forward to the Board of Supervisors for approval.
However, at their November 13th public hearing, the Board of Supervisors directed Staff to amend
the proposed ordinance amendment to include “utility-scale solar power energy facilities” as a
conditional use in the RA Zoning District.
The attached document shows the existing ordinance with the proposed changes (with bold italic
for text added). This proposed amendment is being presented to the Planning Commission as
a public hearing item. Staff is seeking a recommendation from the Planning Commission.
The recommendation from the Planning Commission will be forwarded to the Board of
Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia §15.2-2241.2
3. Memo to the Board of Supervisors, July 26, 2018
MTK/pd
Revised 11/27/19
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
Decommissioning
The removal and proper disposal of solar energy equipment, facilities, or devices on real property that
has been determined by the County to be subject to § 15.2-2232 of the Code of Virginia and therefore
subject to § 15.2-2241.2 of the Code of Virginia. "Decommission" includes the reasonable restoration
of the real property upon which such solar equipment, facilities, or devices are located, including (i)
soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the
installation of such equipment, facilities, or devices.
Public Utilities
Power generating facilities, booster or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities (including utility-scale solar power generating facilities), and
sewer and water treatment facilities including sewer and water transmission lines. Such facilities may
be owned by public utilities, public agencies, those operators with a Certificate of Public Convenience,
or those that are operating under a Permit by Rule (PBR).
Utility-Scale Solar Power Generating Facilities
Any personal property designed and used primarily for the purpose of collecting, generating, or
transferring electric energy from sunlight. Any such facility primarily designed or intended to offset
personal energy consumption by the owner of the facility does not constitute a utility-scale solar power
generating facility.
Revised 11/27/19
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities
1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the
Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick
Water County Sanitation Authority for public utility purposes shall be as follows:
A. In all zoning districts, the Zoning Administrator shall have the authority to determine the
minimum lot size necessary for such public utilities and the appropriate setbacks for such lots
used for public utility purposes.
B. Such lots shall be exempt from the individual on-site sewage disposal system requirements.
C. Such lots may be accessed by private access easements; any such easement shall be a minimum
of 15 feet in width.
2. Utility-Scale Solar Power Generating Facilities.
A. Any owner, lessee, or developer of real property for the purposes of solar power energy
generation shall enter into a written agreement, prior to site plan approval, with Frederick
County to decommission solar energy equipment, facilities, or devices pursuant to the terms
and conditions of § 15.2-2241.2(B) of the Code of Virginia.
B. For Utility-Scale Solar Power Generating Facilities a site plan, in accordance with Article
VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the
use.
Revised 11/27/19
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
§ 165-401.02. Permitted Uses
Q. Public utility generating, booster, or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities, and lines
owned by public facilities, railroad companies or public agencies. Public Utilities except Utility-Scale
Solar Power Generating Facilities
§165-401.03. Conditional Uses
CC. Utility-Scale Solar Power Generating Facilities
Part 402
RP Residential Performance District
§ 165-402.02. Permitted Uses
B. Structures and land shall be used for one of the following uses:
(6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles,
lines, distribution transformers, pipes, and meters. Public Utilities excluding energy generating facilities.
Part 403
MH1 Mobile Home Community District
§ 165-403.02. Permitted Uses
H. Public utilities including poles, lines, distribution transformers, pipes and meters, water and sewer
facilities and lines. Public Utilities excluding energy generating facilities.
Revised 11/27/19
ARTICLE V
Planned Development Districts
Part 502
R5 Residential Recreational Community District
§165-502.04. Permitted uses.
P. Public sewer and water facilities and lines. Public Utilities excluding energy generating facilities.
Revised 11/27/19
ARTICLE VI
Business and Industrial Districts
Part 602
B1 Neighborhood Business District
§165-602.02. Allowed Uses.
Public utility distribution facility Public Utilities excluding energy generating facilities.
Part 603
B2 General Business District
§165-603.02. Allowed Uses.
Public utility distribution facility Public Utilities excluding energy generating facilities.
Part 604
B3 Industrial Transition District
§165-604.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 606
M1 Light Industrial District
§165-606.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 608
EM Extractive Manufacturing District
§165-608.02. Permitted Uses.
K. Public utilities, including poles, lines, distribution transformers, pipes, meters, and sewer facilities.
Public Utilities.
Part 609
HE Higher Education District
§165-609.02. Permitted uses.
B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and
meters. Public Utilities excluding energy generating facilities.
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
CC: Kris C. Tierney, County Administrator
Roderick B. Williams, County Attorney
Mike T. Ruddy, AICP, Director of Planning & Development
Mark R. Cheran, Zoning Administrator
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Solar (Photovoltaic) Energy Facilities Text Amendment – Update
DATE: July 26, 2018
This is an update to the proposed text amendment to Chapter 165 – Zoning Ordinance to add solar
(photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA
(Rural Areas) Zoning District. This item was previously discussed by the Board of Supervisors on
January 10th, February 14th and April 11th. Following our last discussion, the Board of Supervisors
had directed Staff to make the proposed use a “conditional use” and provide additional
supplemental use regulations to address abandonment on the facility and return of the land to its
pre-development state. At the time of the presentation to the Board, the premise of the draft text
amendment, as supported by the Development Review and Regulations Committee (DRRC), and
previously discussed by the Planning Commission, was that because solar farms are typically
“privately-owned”, they would not qualify as “public utility” generating facilities.
Since the Board discussion in April, the County Attorney and the Planning and Development Staff
have met and determined that solar (photovoltaic) energy facilities would appear to qualify as
“public utility generating” facilities and would otherwise today be allowed by-right in the County’s
RA Zoning District. The Zoning Ordinance currently permits a by-right use in the RA Zoning
District, “Public utility generating, booster, or relay stations, transformer substations, transmission
lines, and towers, pipes, meters, and other facilities, railroad facilities, and sewer and water
facilities and lines owned by public utilities, railroad companies or public agencies” (§165-
401.02(Q)). The term “public utility” does not address the public or private nature of the ownership
of the facility; most electricity generating facilities in the United States are owned by “private”
entities as opposed to government, i.e. “public” entities.
Further, the Frederick County Zoning Ordinance does not define the term “public utility” and
definitions not included in the definitions section of the Zoning Ordinance “shall have the meaning
ascribed to such word, term or phrase in the most recent addition of Merriam-Webster’s Dictionary
unless, in the opinion of the Zoning Administrator, established customs or practices in Frederick
-2-
County, Virginia justify a different or additional meaning” (§165-101.02). Webster’s defines
“public utility” simply as “a business organization (such as an electric company) performing a
public service and subject to special governmental regulation.” This definition does not limit the
concept of a “public utility” to entities that sell electricity directly to the public or to entities that
are publicly traded and therefore does not exclude from its reach solar farms owned by non-
publicly traded entities. Within the Code of Virginia §56-1, nothing in the definition of public
service companies suggests a distinction between the types of companies that operate solar farms
and the types of companies that operate other types of electricity generation facilities. State law
specifically regulates solar facilities as it does other electricity generating facilities, regardless of
the nature of ownership, by requiring the operator to seek a certificate of public convenience and
necessity from the State Corporation Commission (SCC) (§56-265.2). The County would
recognize a solar energy facility as a public utility under this interpretation.
This determination of solar electric generating facilities qualifying as a “public utility” would not
preclude the Board of Supervisors in the future from further regulating solar (photovoltaic) energy
facilities as allowed under the Code of Virginia or excluding them all from the current allowance
in §165-401.02(Q). Staff notes that possible supplementary regulations as previously discussed,
such as a requirement for removal of the facilities upon abandonment of use would place them in
a category currently unique to telecommunications towers. As well, any requirement for a bon d
securing the removal of an abandoned facility might be sufficient economic disincentive as t o
preclude any use of the opportunity that would be enabled by the ordinance generally.
Please contact the County Attorney’s office or Planning and Development Staff directly with any
questions or comments. Unless otherwise directed by the Board of Supervisors, Staff will proceed
with the above interpretation to allow solar energy facilities (i.e. solar farms), by right, under the
present allowance for public utilities in the RA Zoning District.
MTK/pd