PC 03-17-21 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.January 20, 2021 Meeting Minutes
3.B.February 17, 2021 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Rezoning #01-21 for One Logistics Park Winchester - (Mrs. Perkins and
Mr. Bishop)
Submitted by Gordon, to rezone 277.16+/- acres from the R4 (Residential Planned
Community) District to the B2 (General Business) and M1 (Light Industrial) Districts with
proffers. The properties are located approximately one mile east of I-81 on the south
side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and
Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the
Shawnee Magisterial District and are identified by Property Identification Numbers 64-
A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86, and 64-A 87.
6.B.Ordinance Amendment - Boat Repair in the RA Zoning District - (Mr.
Klein)
AGENDA
PLANNING COMMISSION
WEDNESDAY, MARCH 17, 2021
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC03-17-21MinutesJanuary20.pdf
PC03-17-21MinutesFebruary17.pdf
PC03-17-21REZ01-21.pdf
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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. Boat Repair Shop.
ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations
for Specific Uses; Part 204 Additional Regulations for Specific Uses §165-204.33 Boat
Repair Shop. ARTICLE IV Agricultural and Residential Districts; Part 401 RA Rural
Areas District §165-401.3 Conditional Uses. Revision to the Frederick County Zoning
Ordinance to include “Boat Repair Shop” as a conditional use in the RA (Rural Areas)
Zoning District.
7.Information/Discussion Items
7.A.Master Development Plan #01-21 for Hackwoods-SVWC - (Mr. Klein)
Submitted by Greenway Engineering, Inc., on behalf of Westminster Canterbury of
Winchester Inc. This application seeks to develop 11.50+/-acres of land zoned RP
(Residential Performance) Zoning Districts for 58 multi-family units. The subject
property is located on State Route 767, and 300 feet south of Fox Drive and Margaret
Lane Winchester, in the Stonewall Magisterial District, and is identified by Property
Identification Number 53-A-64. Please note this item is presented for informational
purposes only. Please note this is not a public hearing.
8.Other
9.Adjourn
PC03-17-21OABoatRepairRADistrict.pdf
PC03-17-21MDP01-21.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: March 17, 2021
Agenda Section: Meeting Minutes
Title: January 20, 2021 Meeting Minutes
Attachments:
PC03-17-21MinutesJanuary20.pdf
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Minutes of January 20, 2021
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on January 20, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; J. Rhodes Marston, Back Creek
District; John F. Jewell, Back Creek District; Kathleen Dawson, Red Bud District; Christopher M. Mohn,
Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick
B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R.
Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the January 20, 2021 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to
join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas the
Planning Commission unanimously adopted the minutes from the December 2, 2020 meeting.
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ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND
RULES & RESPONSIBILITIES FOR 2021
Candice E. Perkins, Assistant Director presided over the election of the Chairman and
Vice-Chairman for 2021.
Election of Kevin W. Kenney, Chairman for 2021
Assistant Director, Candice E. Perkins declared nominations open for Chairman for the
2021 calendar year.
The nomination of Mr. Kevin W. Kenney for Chairman was made by Commissioner
Thomas and seconded by Commissioner Marston.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Kevin W. Kenney as Chairman of the Planning Commission for the calendar year 2021.
Election of Roger L. Thomas, Vice Chairman for 2021
Assistant Director, Candice E. Perkins declared nominations open for Vice Chairman for
the 2021 calendar year.
The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner
Triplett and seconded by Commissioner Mohn.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2021.
Election of Roderick B. Williams
Chairman Kenney declared nominations open for Secretary for the 2021 calendar year.
The nomination of Mr. Roderick B. Williams was made by Commissioner Thomas and
seconded by Commissioner Triplett.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roderick B. Williams as Secretary of the Planning Commission for the calendar year 2021.
PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING
SCHEDULES FOR 2021
Chairman Kenney stated the Planning Commission’s Bylaws and Roles and
Responsibilities and Meeting Schedules have been reviewed by the Commission and are ready for the
Commission’s consideration and adoption.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
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Minutes of January 20, 2021
BE IT RESOLVED that the Frederick County Planning Commission does hereby unanimously adopt the
Planning Commission’s Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar
year of 2021 as presented.
Commissioner Oates commented he would like to see the Planning Commission become
a seven (7) member Commission rather than thirteen (13).
COMMITTEE ASSIGNMENTS
Chairman Kenney reported Elizabeth Kozel has been appointed to the DRRC and
Kathryn Slaughter will join the CPPC and John Light has been removed from the CPPC. He asked that
all other Planning Commission members remain in their current committee assignments.
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COMMITTEES
Comprehensive Plans and Programs Committee – Mtg. 01/11/21
Commissioner Mohn reported the committee discussed and sent forward the 2021 – 2026
Capital Improvement Plan.
Frederick Water – Mtg. 01/19/21
Commissioner Marston reported, the Board of Directors authorized execution of the
OWSP Quarry Intake Design-Build GMP (Guaranteed Maximum Price) Contract. He shared the
operations report for December 2020.
City of Winchester – Mtg. 01/19/21
Chairman Kenney reported on behalf of the City of Winchester liaison. The Commission
held their election of officers; a motion to initiate an ordinance repealing and replacing article 17 that
would update and improve regulations regarding nonconformities in the zoning ordinance; and a Corridor
Enhancement review of an 8-unit townhouse development.
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CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
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Minutes of January 20, 2021
PUBLIC HEARING
Green Spring Agricultural and Forestal District Addition to consider adding additional parcels into
the Green Spring Agricultural and Forestal District. These properties are located 475 Green
Spring Road, Winchester, Virginia and are identified with Property Identification Numbers21-3-20,
21-3-21, 21-3-22, 21-3-23, 22-A-45, 22-A-46, 22-A-47, and 22-A-49 in the Gainesboro Magisterial
District.
Action – Recommend Approval
Mark R. Cheran, Zoning and Subdivision Administrator, reported this is a request to add
eight parcels totaling 90.86+/- acres to the Green Spring Agricultural and Forestal District; the District is
located in the Gainesboro Magisterial District and currently contains 385.63+/- acres within two (2)
parcels managed by two (2) property owners. He noted it is generally located along Glaize Orchard Road
(Route 682) to the south and Green Spring Road (Route 671) to the east. This request would increase the
District to 476.49+/- acres. Mr. Cheran provided mapping of the proposed request.
Mr. Cheran shared, the Agricultural District Advisory Committee (ADAC) unanimously
recommended approval of the 90.863+/- acres to the 2020 – 2025 Green Spring Agricultural and Forestal
District at their meeting on December 15, 2020.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Kenney closed the public
comment portion of the hearing.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the Green Spring Agricultural and Forestal District Addition to consider adding additional parcels in
the Green Spring Agricultural and Forestal District.
South Frederick Agricultural and Forestal District Addition to consider adding additional parcels
into the South Frederick Agricultural and Forestal District.
Action – Recommend Approval
Mark R. Cheran, Zoning and Subdivision Administrator, reported this is a request to add
one parcel totaling 200.00+/- acres to the South Frederick Agricultural and Forestal District; this District
is located within the Back Creek Magisterial District and currently contains 6,694.42+/- acres and is
generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road
(Route 631), and Hites Road (Route 625). He noted this request would increase the District to
6,894.42+/- acres. He presented mapping of the proposed request. Mr. Cheran shared, the Agricultural
District Advisory Committee (ADAC) unanimously recommended approval of the 200.00+/- acres to the
2020 – 2025 South Frederick Agricultural and Forestal District at their meeting on December 15, 2020.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Kenney closed the public
comment portion of the hearing.
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Upon a motion made by Commissioner Marston and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the South Frederick Agricultural and Forestal District Addition to consider adding an additional parcel.
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INFORMATION/DISCUSSION
Site Plan #18-20 – Senseny Place
Commissioner Mohn would abstain from all discussion on this item for a possible
conflict of interest.
M. Tyler Klein, Senior Planner, reported this is a proposal to develop 63 multifamily
housing units (senior residential development) and a church on 4.971 acres of land zoned RP (Residential
Performance) Zoning District; when processing a site plan in lieu of the MDP, the site plan must be
presented to the Planning Commission and the Board of Supervisors as an informational item. He noted,
the site plan, as presented, implements proffers associated with REZ (Rezoning) application #02-18 for
St. Paul’s on the Hill. He shared a zoning map of the property and a location map .
Mr. Klein presented an overview of the site plan: 63 multifamily residential units (for
senior housing); 4,050 square foot (SF) for a future church sanctuary; Right-of-way (ROW) dedication for
future widening of Senseny Road (planned improved roadway); 10’ hiker/biker trail along Senseny Road
and an internal 5’ sidewalk for residents; and Buffering and screening as required by the Zoning
Ordinance. Mr. Klein noted, the Applicant has also requested a zoning district buffer modification from
the Board of Supervisors per the exemption contained in §165-203.02 (C)(7) where an existing utility
(sanitary sewer) conflicts (crosses) the buffer area near the adjoining townhome development; A 6-foot
tall fence is being provided along the boundary adjacent to the townh omes except in locations where the
utility conflicts; and no plantings will be provided (as proposed) within the utility easements. He shared a
project layout of the site.
Mr. Klein concluded, the site plan for Senseny Place appears to be consistent with the
approved proffers for Rezoning #02-18 for St. Paul’s on the Hill, and with the requirements of Article
VIII, Development Plans and Approvals, of the Frederick County Zoning Ordinance and is in a form that
is administratively approvable.
Commissioner Marston asked if they have decided about the water and sewer. Mr. Klein
explained, the Applicant applied for a waiver to the City of Winchester which was denied therefor e they
will be using Frederick Water. Chairman Kenney asked will the improvement of Senseny Road be part of
this project. Mr. Klein explained, it is for future improvement; the right-of-way of Senseny Road will be
provided along the frontage and they will dedicate the right-of-way but they are not making the
improvements to the other side or the median, only on their side of the road and entrance. Commissioner
Morrison asked if VDOT had approved of this application. Mr. Klein noted, yes, they have as drawn on
the plans submitted.
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Minutes of January 20, 2021
2021 – 2026 Capital Improvement Plan
Candice E. Perkins, Assistant Director, reported the CIP is a document that consists of a
schedule of major capital expenditures for the County for the ensuing five year period, as well as a
category for long term projects (6+ years out). She explained, the inclusion of projects on the CIP is in no
way an indication that Frederick County will be undertaking these projects; the CIP is strictly advisory, it
is intended for use as a capital facilities planning document and not for requesting funding allocations.
She noted, once adopted, project priorities and cost estimates may change throughout the year based on
changing circumstances; it is also possible that particular projects may not be funded during the year as
indicated in the CIP. Ms. Perkins continued, this year’s CIP continues to reinforce the connection
between the CIP, the 2035 Comprehensive Plan, and future rezoning applications. This year’s total
number of projects is 54:
• Schools, Parks and Recreation, Regional Library, County Administration, Fire
and Rescue, Sheriff’s Office, Public Safety Communications, Transportation, and
Winchester Regional Airport
• Three Tables: 1. General government expenditures (schools, parks, library, fire
and rescue, sheriff, public safety, administration), 2. Transportation, 3. Airport
Ms. Perkins concluded, the CPPC endorsed the 2021 – 2026 CIP on January 11, 2021 and
determined the CIP is in conformance with the 2035 Comprehensive Plan and forwarded it to the
Planning Commission and the Board of Supervisors.
Commissioner Thomas inquired approximately how much each year does Frederick
County spend on approving items already on the list and where do these items come from. Ms. Perkins
responded the items are what agencies want to see happen.
A motion was made by Commissioner Oates, seconded by Commissioner Thomas, and
unanimously passed to send this item forward to the Board of Supervisors with a favorable
recommendation.
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OTHER
Cancelation of Regular Meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s February 3, 2021 meeting and it will be canceled.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Marston to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Roderick B. Williams, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: March 17, 2021
Agenda Section: Meeting Minutes
Title: February 17, 2021 Meeting Minutes
Attachments:
PC03-17-21MinutesFebruary17.pdf
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Minutes of February 17, 2021
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 17, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Gary R.
Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District;
Elizabeth D. Kozel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back
Creek District; Christopher M. Mohn, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L.
Morrison, Member at Large; Roderick B. Williams, County Attorney.
ABSENT: Robert S. Molden, Opequon District; Kathleen Dawson, Red Bud District.
STAFF PRESENT: Candice E. Perkins, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L.
Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the February 17, 2021 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas
the Planning Commission unanimously adopted the minutes from the December 17, 2020 meeting.
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COMMITTEES
Development Review and Regulations Committee – Mtg. 01/28/21
Commissioner Oates reported the committee held its election of officers. The committee
discussed Boat Repair in the RA Zoning District and a request was made to use slats and chain link fence
for outdoor storage areas, this was sent back for further study.
Frederick Water – Mtg. 02/16/21
Commissioner Marston reported, the Board approved the FY 2022-31 Capital
Improvement Plan and adopted the 2021 Water and Sewer Standards and Specifications Manuel.
Commissioner Marston shared the operations report for January 2021.
City of Winchester – Mtg. 02/16/21
Chairman Kenney reported on behalf of the City of Winchester liaison. The Commission
recommended approval of an ordinance repealing and replacing Article 17 of the zoning ordinance which
updates and improves the regulations regarding nonconformities in the zoning ordinance. They also
recommended approval of a CUP for Potesta and Associates, Inc. for accessory structures in the front and
side yard at 2833 Valley Avenue.
CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #01-21 for Hollow Road Solar, LLC, submitted to construct a 20-megawatt
utility-scale facility on properties totaling approximately 326+/- acres. The subject properties are
located generally southeast of Parishville Road (Route 610) and Anchorage Lane in the vicinity of
Gore and within Frederick County, Virginia and are identified with Property Identification
Number (PIN) 27-A-8, 27-A-11, and 27-A-12 and in the Gainesboro Magisterial District. The
property identified with PIN 27-A-8 will only be used for a subsurface interconnection easement
and ingress/egress; no solar arrays (panels) or supporting equipment will be sited on PIN 27-A-8.
Action – Recommend Approval
Commissioner Triplett shared, pursuant to Virginia Code Section 2.2-3112 and 2.2-3115
he would like to disclose that he is a retiree of Allegheny Power which is now First Energy and he
receives pension benefits from First Energy; electricity from the proposed project would be received,
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Minutes of February 17, 2021
transmitted, and possibly purchased by First Energy. He is able to participate in this consideration of the
CUP application fairly, objectively and in the public interest.
M. Tyler Klein, Senior Planner, reported this application is submitted to construct a 20-
megawatt utility-scale solar facility on properties totaling approximately 326 +/- acres. He shared a
location map of the property. Mr. Klein continued; the Board of Supervisors added “utility-scale solar
power generating facilities” as a conditional use to the Zoning Ordinance on January 8, 2020. He
explained, this site would be utilized for the installation of rows of ground-mounted photovoltaic
modules, commonly known as solar panels, other necessary equipment for facility operations, access
paths, security fencing and landscaping. Mr. Klein reported this project will generate up to 20 megawatts
of photovoltaic (solar) energy which will be converted and transmitted through the adjoining Gore
substation. He noted, the property identified with PIN 27-A-8 will only be used for a subsurface
interconnection easement and ingress/egress; no solar arrays (panels) or supporting equipment will be
sited on PIN 27-A-8. Mr. Klein shared, the 2035 Comprehensive Plan envisions this area of the county to
remain primarily rural in nature and for agricultural land to be preserved for future generations; the
project is generally compatible with the Comprehensive Plan, with the rural character of the area, and
with the adjoining agricultural and residential uses; and the preservation of the underlying land maintains
the ability for agricultural uses in the future. Mr. Klein presented the Zoning Ordinance Conformance:
• Setbacks* for the solar arrays (panels) will conform to the setback requirements
contained in the Zoning Ordinance for principle uses in the RA (Rural Areas)
Zoning District (§165-401.07):
o 60-feet from setbacks from right-of-way streets and roads
o 50-feet side/rear setback from adjoining parcels 6-acres or less
o 100-feet side/rear setback from adjoining parcels of more than 6-acres
o 200-feet side/rear setback from Ag. & Forestal Districts (more than 6-
acres and orchards (regardless of size)
*Zoning Ordinance requirements for “Public Utilities” including
“utility-scale solar power generating facilities” (§165-204.26) specifies
the Zoning Administrator has the authority to determine appropriate
setbacks for lots.
• Site Plan review and approval under Article VIII:
o Concept Plan submitted with application
o Setbacks of 50-feet to 100-feet around perimeter of the project
o Landscaping/screening provided through a “Landscape Buffer” including
a mix of deciduous trees, evergreen trees and shrubs
o Access to the site is proposed through two (2) entrances: Parrishville
Road across Pin 27-A-8 (construction equipment & materials only) and
Anchorage Lane (passenger vehicles during construction & post-
construction maintenance)
• Decommissioning Plan:
o Decommissioning Plan submitted with application
o Provisions for removal of all equipment; site restored to “pre-
development condition”
o Specifies entering into a written agreement and “financial security” with
Frederick County for life of the project in conformance with Zoning
Ordinance requirements and Code of Virginia
o Estimated costs are reviewed and updated every five (5) years
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• Permit-By-Rural (PBR)
o In addition to requirements contained in the Zoning Ordinance, the
applicant will pursue a “Permit-By-Rule” (PBR) through the Virginia
Department of Environmental Quality (DEQ)
o The PBR is a state level administrative review and approval process,
including environmental and cultural review and study
o One component of the state required PBR review is local jurisdiction
“approval” of solar project siting; this CUP application, if approved by
the Frederick County Board of Supervisors, would satisfy that
requirement enabling completion of a PBR process for this project
Mr. Klein presented the conditions of this CUP as recommended by Staff:
1. All review agency comments provided during the review of this application shall
be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to the establishment of the use. The site plan
shall address additional regulations for specific uses outlined in §165-204.26 of
the Frederick County Zoning Ordinance and be in general conformance with the
Concept Plan, included with the CUP application, prepared by Timmons Group,
dated August 28, 2020.
3. Buffers and screening shall be provided around the perimeter of the project in
general conformance with quantity of the proposed plantings depicted on Sheet 4
of the Concept Plan, “Landscaping/Vegetative Screening Details” included with
the CUP application, prepared by Timmons Group, dated August 28, 2020. The
landscape buffer plantings shall be maintained in good health for the life of the
project.
4. Prior to site plan approval, the owner shall enter into a written agreement 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.
The written agreement shall be updated every five (5) years and in general
conformance with the Decommissioning Plan, included with the CUP
application, prepared by Blue Ridge Energy Holdings.
5. Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6. Access to the site shall be limited to two (2) entrances, one entrance from
Parishville Road (Route 610) and one entrance from Anchorage Lane in
conformance with the Concept Plan, included with the CUP application, prepared
by Timmons Group, dated August 28, 2020. Delivery of solar array panel
construction materials and equipment shall occur only at the site access entrance
off Parishville Road (Route 610) identified as “Primary Access Road” on Sheet 3
of the concept Plan. Use of the 50’ R/W ingress and egress from Anchorage
Lane shall only be used for passenger vehicle access during construction and
post-construction maintenance.
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7. Pile-driving of poles for solar arrays shall be limited to 7:00 a.m. to 5:00 p.m.
Monday through Friday. All other construction activities are permitted 7:00 a.m.
to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No
construction activities are permitted on Sundays.
8. A Phase I Archaeological and Architectural Survey will be completed as part of
the permitting of this project and completed prior to site plan approval. This
survey shall document the historic dwelling, barn and areas surrounding the farm
complex barn (located on PIN 27-A-11). This survey shall be submitted to the
Frederick County Department of Planning and Development and the Department
of Historic Resources (DHR). Phase II surveys shall be conducted if DHR
determines the areas and resources under consideration are potentially
significant. In the event the above resources are eligible for inclusion on the
NRHP as a result of the Phase II study, the structures and resour ces on the site
shall be retained, stabilized, and preserved and no disturbance shall occur within
100-feet.
9. Any expansion or modification of this land use will require the approval of a new
CUP.
Commissioner Triplett inquired if this will be a leased property or if the applicant will
purchase it and could any houses be developed on the site. Mr. Klein explained, the Applicant will
respond to the purchasing agreement and it is his understanding it will be purchased eventually. He
noted, there could possibly be a significant number of homes built on this property.
Commissioner Mohn asked if environmental studies will be performed by the State. Mr.
Klein commented there will be a Phase 1 and Phase 2 of studies completed for things such as wildlife,
water quality, and cultural. Commissioner Jewel asked if this property is zoned agricultural. Mr. Klein
stated yes, it is currently orchards, now owned by National Fruit. Commissioner Jewell asked if sold
could this property be developed. Mr. Klein noted, yes, this is in the RA District and could be developed.
Commissioner Marston inquired why there will be two entrances to the property. Mr.
Klein explained one is an access easement and would be abandoned once construction is complete, and
the other would be for passenger vehicles. Commissioner Triplett asked if the storage cells present no
hazard. Mr. Klein stated that is correct. Chairman Kenney inquired about the screen on the northwest
side and how tall it will be. Mr. Klein explained at the time of planting it will follow the zoning
ordinance; with 4’ evergreens and 18” shrubs and the screening is the same as previous applications and
they are making use of the natural vegetation as well. Commissioner Thomas asked if more conditions
can be added to this to improve the buffers. Mr. Klein stated that is correct, conditions can be added and
the one’s being presented can also be revised.
Mr. Patrick Groom of Blue Ridge Energy and Infrastructure came forward and clarified
the right-of-way; they will retain the right-of-way but will not use it unless construction is needed. He
presented a brief overview of the company and noted there are currently no operating projects however
they do have two under development and two in the early stages.
Commissioner Thomas asked how much glare is anticipated on the western border. Mr.
Grooms commented it would be very minimal due to a southwest tilt of the panels. Commissioner
Morrison asked if a gate could be placed at the construction entrance. Mr. Grooms stated there is a gate
there now and they are willing to keep it there. Commissioner Morrison commented this is the third
project of this type in a short period of time and he is concerned with the County becoming saturated.
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Chairman Kenney asked if they will be leasing the property or purchasing. Mr. Grooms
stated the property has been abandoned and will be sold therefore they will purchase the land.
Commissioner Marston asked what the timeframe is for service. Mr. Grooms stated the standard is 30 –
35 years. Commissioner Thomas asked if they would consider a 100’ buffer on the west side of the
property. Mr. Grooms commented, they will consider and have the engineer take a look at this.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. David Alter of Parrishville Road came forward and shared his concerns with the
height of the panels and the reflection this may present. He inquired if there will be towers or mainly
underground lines.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Oates commented he was surprised with the location and he does not feel
there will be a glare issue. Commissioner Thomas stated he is concerned with the viewshed. He feels the
buffers associated with solar fields should be reviewed by Staff and the ordinance updated accordingly.
He would like to see a condition added to this requiring a 100’ buffer on the west side of the property.
Commissioner Jewell stated he is concerned that two solar fields have already been approved and nothing
has happened. Commissioner Marston agreed with Commissioner Jewell and feels the process should
slow down until things start to unfold with the others. Commissioner Mohn commented he appreciates
the concerns and if they are meeting the ordinance requirements there is not much in slowing it down.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas
with the addition of a Condition to increase the western boundary buffer to 100 feet and that this
application is in conformance with the Comprehensive Plan.
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of
Conditional Use Permit #01-21 for Hollow Road Solar, LLC, submitted to construct a 20-megawatt
utility-scale facility on properties totaling approximately 326+/- acres. The subject properties are located
generally southeast of Parishville Road (Route 610) and Anchorage Lane in the vicinity of Gore and
within Frederick County, Virginia and are identified with Property Identification Number (PIN) 27 -A-8,
27-A-11, and 27-A-12 and in the Gainesboro Magisterial District. The property identified with PIN 27-
A-8 will only be used for a subsurface interconnection easement and ingress/egress; no solar arrays
(panels) or supporting equipment will be sited on PIN 27-A-8.
YES: Triplett, Thomas, Kenney, Mohn, Morrison, Oates, Manuel, Kozel
NO: Jewell, Marston, Cline
(Note: Commissioner Molden and Commissioner Dawson were absent from the meeting)
-------------
INFORMATION/DISCUSSION
Ordinance Amendment – Boat Repair in the RA Zoning District
17
Frederick County Planning Commission Page 3791
Minutes of February 17, 2021
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to add “boat repair shop” as a conditional use in the RA (Rural Areas)
Zoning District. The Frederick County Zoning Ordinance currently allows boat repair shops only within
the M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. He continued, a comparable use
would be “automotive repair,” which is also allowed as a by-right use in the M1 and M2 Zoning District;
in addition to being a by-right use in the M1 and M2 Districts, automotive repair is also permitted as a
conditional use in the RA District (“public garage”). Mr. Klein explained, the proposed text amendment
modifies three (3) areas of the Zoning Ordinance:
• Definition for a “boat repair shop” (§165-101.02)
• Addition of “boat repair shop” as a conditional use in the RA District (§165 -
401.03)
• Additional regulations for specific uses for “boat repair shops” (§165-204)
o 165-101.02 Definitions and word usage
➢ Boat Repair Shop – A structure or portion thereof, designed for
or used for serving, repair, or equipping boats, but not including
boat sales
➢
o 165-401.3 Conditional Uses
➢ DD. Boat Repair Shop
o 165-204.33 Boat Repair Shop
All Boat Repair uses shall meet the following requirements:
➢ All repair activities shall take place entirely within an enclosed
structure
➢ All exterior storage of parts and equipment shall be screened
from view of surrounding properties by an opaque fence or
screen six (6) feet in height. This fence or screen shall be
adequately maintained.
➢ In the RA, M1, and M2 Zoning District the sale or resale of
boats shall not be permitted as an accessory or secondary use to a
boat repair shop.
Mr. Klein concluded, the DRRC discussed this item on January 28, 2021 and agreed with
the text amendment as drafted by Staff and forwarded it to the Planning Commission for discussion.
Chairman Kenney asked how this item was brought up. Mr. Klein commented it was
from a citizen wanting to do boat repair and wanting to go through the proper channels.
This item was sent forward to the Board of Supervisors with a favorable recommendation
from the Planning Commission.
-------------
OTHER
A brief discussion was held in regards to reducing the number of Planning Commission
members from 13 to 7 and possibly having more work sessions. It was recommended that more
information be provided by Staff and discussed at a later date.
18
Frederick County Planning Commission Page 3792
Minutes of February 17, 2021
Cancelation of Regular Meeting
Chairman Kenney announced there were no pending items for the Planning
Commission’s March 3, 2021 meeting and it will be canceled.
-------------
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Triplett to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Roderick B. Williams, Secretary
19
Planning Commission
Agenda Item Detail
Meeting Date: March 17, 2021
Agenda Section: Public Hearings
Title: Rezoning #01-21 for One Logistics Park Winchester - (Mrs. Perkins and Mr.
Bishop)
Attachments:
PC03-17-21REZ01-21.pdf
20
REZONING APPLICATION #01-21
ONE LOGISTICS PARK WINCHESTER
Staff Report for the Planning Commission
Prepared: March 8, 2021
Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director
John A. Bishop, AICP, Assistant Director - Transportation
Reviewed Action
Planning Commission: 03/17/21 Pending
Board of Supervisors: 04/14/21 Pending
PROPOSAL: To rezone 277.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the B2 (General Business) District and the M1 (Light Industrial) District with proffers.
LOCATION: The properties are located approximately one mile east of I-81 on the south side of
Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538)
and west of Arbor Court and Pendleton Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/17/21 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 277.16+/- acres from the R4 (Residential Planned
Community) District with proffers to the B2 (General Business) District and the M1 (Light Industrial)
District with proffers. The subject properties are part of the original Carpers Valley/Governors Hill
Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #11-05 provided
for 143 acres of commercial uses and 550 residential units on six parcels of land (Land Bay 1 –
Residential, Land Bay 2 – Commercial). This application proposes to rezone the majority of the site
to allow for industrial uses, with an area of commercial remaining at the intersection of Coverstone
Drive and Millwood Pike (Route 50 East) and eliminates the residential units previously approved.
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan. The Plan identifies these properties with a commercial/transition and residential
land use designation; these designations are consistent with the current zoning. Therefore, the
requested M1 District is generally inconsistent with the Comprehensive Plan. It should be recognized
however, that the requested M1 is consistent with the land use plan that was in effect prior to the
Governors Hill rezoning in 2005, which depicted a future industrial designation. The Comprehensive
Plan, when later updated, reflected the land use associated with the zoning approved in 2005. The
subject parcels are also located within the boundaries of the Airport Support Area that surrounds the
Winchester Regional Airport; the support area discourages new residential construction. The proposed
elimination of the residential units would further support the goals of the Airport Support Area.
The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a
major collector road system which provides for an east-west linkage (Coverstone Drive) which
connects to Millwood Pike at Inverlee Drive. A portion of Coverstone Drive currently exits from
Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The
planned phased connection from the existing terminus of Coverstone Drive to Millwood Pike at
Inverlee Drive provides for an important linkage that serves both this development and surrounding
land uses.
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 2
While the completion of Coverstone Drive will provide an important linkage in this area, it’s important
to examine the anticipated traffic generation from this proposal and its projected impact on the greater
network that will serve this development. This application shows a reduction in vehicle trips per day
from to 47,085 anticipated with the current approved rezoning to 17,606. While it is recognized that
this proposal results in a significantly reduced overall trip generation, it should be recognized that this
development would generate more tractor trailer trips and interstate-based trips. VDOT has expressed
significant concern, as outlined in their comments, that the function of the Exit 313 interchange will be
negatively impacted by this development during the peak times that were studied.
The proposed proffers associated with this rezoning application are as follows, Staff has identified
concerns with the proffers that are shown in bold italic:
Proffer Statement – Revised February 9, 2021:
1. LAND USE
1.1. The project shall be designed to establish interconnected commercial and light
industrial Land Bays in conformance with the GDP, and as is specifically set forth
in these proffers. Minor modifications as necessary upon final engineering, must meet
the intent of the proffers and receive Director of Planning approval.
2. TRANSPORTATION
2.1. The public roadways proposed on the Property shall be constructed in the locations
depicted on the GDP. Minor modifications, as necessary upon final engineering,
including but not limited to Land Bay ingress/egress and intersection alignments, must
meet the intent of the proffers and receive Director of Planning and VDOT approval at
site plan or road plan.
2.2. The Owner shall design, and construct Coverstone Drive as a half section of an urban
four-lane divided collector road with turn lanes as warranted within an approximate 102'
right-of-way utilizing the following phasing schedule:
Staff Note: Please clarify dedication of the roadway facilities. For example, this is
done in proffer 15.8 of rezoning #03-14 which currently applies to the
property.
PHASE 1: Phase 1 shall consist of the full four-lane divided urban collector road
section, including a ten-foot shared-use asphalt trail, from Millwood
Pike to the south boundary for Land Bay 3, as depicted on the GDP.
Said roadway shall be bonded and constructed to a minimum base
asphalt prior to issuance of a certificate of occupancy for any
commercial building within Land Bay 3. Phase 1 improvements shall
consist of all necessary improvements, including signalization if or when
warranted by VDOT, to create a four-way intersection, or alternative
intersection, subject to VDOT approval, at the existing intersection of
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 3
Inverlee Way and Millwood Pike as shown on the GDP. Additionally,
the Owner shall close the existing Millwood Pike crossover previously
used for access to the golf course concurrent with Phase 1
improvements.
PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of
Coverstone Drive from Land Bay 3 to the Pendleton Drive intersection
as depicted on the GDP, including a shared-use asphalt trail to the east
of the roadway. Said roadway improvements shall be completed prior to
issuance of a certificate of occupancy for any use on Land Bays 5
through 8. This two-lane half section shall be subject to final
engineering and VDOT approval and shall include the two ultimate
northbound lanes used for two-way traffic, with a lane transition to the
Phase 1 four lane section.
PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of
Coverstone Drive from the Pendleton Drive intersection to the existing
Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A)
as depicted on the GDP, including transition to the existing four-lane
section and a shared-use asphalt trail to the south/east of the roadway.
Said roadway improvements shall be completed prior to issuance of a
certificate of occupancy for any use on Land Bays 1 or 2. This two-lane
half section shall be subject to final engineering and VDOT approval
and shall include the two ultimate eastbound lanes used for two-way
traffic, with a lane transition to the existing four lane section.
2.3. The Owner shall construct Coverstone Drive as an ultimate full urban four-lane section,
as provided in Proffer 2.2, from Millwood Pike to the eastern terminus of Coverstone
Drive if projected vehicle per day (VPD) traffic on Coverstone Drive exceeds 10,000
VPD, south of Land Bay 3.
Staff Note: As currently drafted, this proffer does not capture the intent to improve
the 2 lane sections built in PHASE 2 and Phase 3 to a full four lane
section should the projected vehicle trips per day on Coverstone Drive
south of Land Bay 3 exceed 10,000; rewording this proffer is suggested.
Proffer 2.3 refers to proffer 2.2 regarding the construction of Coverstone
Drive. Proffer 2.3 outlines the construction of Coverstone as a four-lane
road, where proffer 2.2 refers to a half section. This creates confusion
regarding the intent to improve Coverstone to four lanes subject to the
10,000 vehicle trips per day noted.
The termini referenced in proffer 2.3 is from Millwood Pike to the
eastern terminus of Coverstone Drive though Millwood Pike; this is the
eastern terminus of Coverstone Drive. The proffer should state that the
improvements apply to upgrades of the Phase 1 and Phase 2
improvements.
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 4
2.4. The Owner shall design and construct the extension of existing Pendleton Drive to
Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum
two-lane urban local roadway with a maximum right of way width of 60' to provide
access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton
Drive extension shall be constructed prior to issuance of the first occupancy permit
within Phase B.
Staff Note: Staff would suggest the use of the term approximate as opposed to
maximum right of way width to allow for the construction of items such
as turn lanes which may be needed. While 60’ is likely sufficient, more
flexibility is preferable to allow for unforeseen issues that could arise at
the design stage.
2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP,
with the exception of the private driveway currently serving TM 64-A-83B. The Owner
shall maintain an access easement for said driveway until such time as the property
changes land use. If rezoned by others for non-residential uses, an interparcel access
linkage shall be provided. No new commercial access to Millwood Pike is proposed and
the existing driveway to 1600 Millwood Pike (TM 64-A-83B) will not be used for site
access.
2.6. Off-site road improvements shall be designed to the latest VDOT standards, unless
otherwise approved by VDOT in general conformance with the submitted impact study.
Off-site improvements shall be constructed as depicted on the aforementioned plans as
follows:
2.6.1: Eastern improvements shall consist of improvements at the intersection
of Millwood Pike/Inverlee Way/Coverstone Drive and shall be
completed coincident with the Coverstone Drive construction described
in 2.2, Phase 1, including:
a) Eastbound Millwood Pike right turn lane to Coverstone Drive
b) Westbound Millwood Pike dual left turns to Coverstone Drive
c) Northbound Coverstone Drive dual lefts to Millwood Pike
2.6.2: Western improvements shall consist of improvements at the intersection
of Prince Frederick Drive/Costello Drive and shall be completed with
construction of Phases 1-3 in 2.2 and with site square footage in excess
of 1,491,600 sf including:
a) Northbound Prince Frederick Drive left to Costello Drive
b) Signalization, if deemed warranted by VDOT and subject to
VDOT approval, will occur once Proffer 2.2 Coverstone
Drive Phase 2 and Phase 3 improvements have been
completed and accepted into the State highway system.
Staff Note: For proffer 2.6.2b Staff would suggest a signalization agreement for the
intersection of Costello Drive/Prince Frederick Drive prior to issuance of
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 5
certificates of occupancy for buildings on Land Bay 1 and Land Bay 2 to
offer the County proper surety for this improvement.
2.6.3: Northern improvements shall consist of improvements at the intersection of
Millwood Pike and Prince Frederick Drive including:
a) Construct additional lane on northbound Prince Frederick Drive to
provide a dedicated left, left/through, and right turn lane, including
modifications to the existing signal and geometric improvements of
the crossover and shall be completed with the construction of Phases
1-3 in 2.2 and with site square footage in excess of 1,491,600 sf.
2.7. The Owner’s obligations to complete the off-site transportation improvements described
in 2.2 and 2.6 and under the terms described in 2.2 and 2.6 shall also not vest until the
County has obtained any off-site right of way needed for completion of the obligations.
Staff Note: Proffer 2.7 would require the County to obtain off-site easements to
facilitate the Applicant’s construction of improvements identified in
proffers 2.2 and 2.6. If right-of-way is not available this could leave the
County with an unacceptable traffic condition at the location identified
for an off-site improvement and no realistic way to address it. Any right
of way acquisition and associated costs that may be necessary to allow for
the construction of these improvements should be the responsibility of the
Applicant. It would be appropriate for the Applicant to analyze the
identified improvements compared to available right of way.
It should be noted that the approved proffers for this development provide
for a monetary contribution equivalent to the cost of the improvement
should the right-of-way not be obtained.
2.8. Any future transportation analyses required for the Property shall utilize the Land Use
Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential
use. Determination on alternative land uses shall be scoped with VDOT and approved in
writing prior to submission of site plan.
2.9. In the event any proffered off-site road improvements are constructed by others, the
Owner shall contribute to Frederick County an amount equivalent to the verified actual
cost of the proffered improvement, as substantiated by paid invoices. Such contribution
shall coincide with the non-residential use threshold that triggers the off-site road
improvements as identified in Proffer 2.6. The warrant study justifying the
improvements should accompany the request for reimbursement.
3. PEDESTRIAN TRAIL SYSTEM
3.1. The Owner shall design and build a 10’ public pedestrian-bicycle asphalt trail, to Virginia
Department of Transportation (VDOT) standards, generally along the south/east side of
Coverstone Drive. A crosswalk connection to the existing asphalt path to the west,
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 6
outside of the dedicated right-of-way, will be provided. A Sidewalk shall be constructed
to VDOT standards along the extension of Pendleton Drive.
4. FIRE AND RESCUE
4.1. Contributions of $100 per 1000 square feet of commercial and/or industrial building area
will be paid to the County at certificate of occupancy for each building.
5. WATER AND SANITARY SEWER
5.1. The Owner shall be responsible for connecting the Property to public water and sanitary
sewer. All water and sanitary sewer infrastructure shall be constructed in accordance
with the requirements of the Frederick County Sanitation Authority.
5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase
A, the Owner, will conform with all appropriate Frederick Water regulations at time of
site plan to address concerns regarding the inundation of three existing sanitary sewer
manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike,
adjacent to an existing pond within the project limits. The pond is located south of
Millwood Pike, west of the proposed Coverstone entrance.
6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
6.1. The Owner shall conduct, or cause to be conducted, a Phase I Archaeological
Investigation of the Property prior to the approval of the first final site plan for the
Property, and shall complete Phase II and III investigations thereof as may be
demonstrated to be necessary by the Phase I study.
7. ROAD EFFICIENCY BUFFER
7.1. The owner shall provide an addition 50’ to the Road Efficiency Buffer for the portion of
the site within Phase A as depicted on the GDP. The total width of said buffer will be
150’ containing an inactive full screen buffer.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
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Rezoning #01-21 One Logistics Park Winchester,
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Page 7
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: 03/17/21 Pending
Board of Supervisors: 04/14/21 Pending
PROPOSAL: To rezone 277.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the B2 (General Business) District and the M1 (Light Industrial) District with proffers.
LOCATION: The properties are located approximately one mile east of I-81 on the south side of
Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538)
and west of Arbor Court and Pendleton Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64-A-83, 64-A-83A, 64-A-84, 64-A-86, 64-A 87
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
RA (Rural Areas) Residential
South: RA (Rural Areas) Use: Regional Airport
East: M1 (Light Industrial) Use: Industrial
MH1 (Mobile Home Community) Residential
RA (Rural Areas) Residential
West: RA (Rural Areas) Use: Regional Airport, Public Safety Center
B2 (General Business) Commercial
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Rezoning #01-21 One Logistics Park Winchester,
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Page 8
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached letter from Pennoni dated February 12, 2021
addressed to Bradley S. Riggleman, P.E.
Frederick-Winchester Health Department: This Department has no objections to rezoning from R4
to M1 and B2.
Frederick -Winchester Service Authority: FWSA defers comments to Frederick Water.
Frederick Water: The revised One Logistics Park proffers dated December 7, 2020 are acceptable.
Please attached email from Eric Lawrence, Executive Director, dated December 14, 2020.
Frederick County Fire Marshall: Plan approved.
Winchester Regional Airport: Please see attached letter from Nick Sabo, A.A.E. Executive Director,
dated September 15, 2020.
County of Frederick Attorney: Please see attached letter from Roderick B. Williams, County
Attorney dated October 21, 2020.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R1 (Residential Limited) District. The parcels were re-mapped
from R1 to A2 (Agricultural General) District pursuant to the County’s comprehensive
downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October
8, 1980. The County’s agricultural zoning districts were subsequently combined to form the
RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning
Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-
mapping of the subject property and all other A1 and A2 zoned land to the RA District. The
subject properties were rezoned to the R4 (Residential Planned Community) District in 2005
(revised in 2009, 2013 and 2014). A Master Development Plan was approved for the property,
the Governors Hill project, in 2009.
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.
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Rezoning #01-21 One Logistics Park Winchester,
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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 Frederick Urban Area Plan provide
guidance on the future development of these properties. The site is located within the limits of
the Sewer and Water Service Area (SWSA). The Plan identifies these properties with a
commercial/transition and residential land use designation; these designations are consistent
with the current zoning. The requested M1 (Light Industrial) District is generally inconsistent
with the Comprehensive Plan.
It should be recognized that the requested M1 is consistent with the land use plan that was in
effect prior to the Governors Hill rezoning in 2005, which depicted a future industrial
designation. The Comprehensive Plan, when later updated in 2007, reflected the land use
associated with the current zoning.
The subject parcels are also located within the boundaries of the Airport Support Area that
surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport
operations wherein new residential land use is discouraged due to the prevalence of aircraft
noise and the consequent potential for use incompatibilities. The development of business and
industrial land uses is supported within the Airport Support Area to minimize such use conflicts
and ensure the feasibility of future airport expansion. The elimination of the residential zoning
that currently exists on the site would further the goals of the Airport Support Area.
Transportation and Site Access
The planned road network included in the Senseny/Eastern Frederick Urban Area Plan
identifies a major collector road system which provides for an east-west linkage (Coverstone
Drive) which connects to Millwood Pike (Route 50 East) at Inverlee Drive. A portion of
Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the
Frederick County Public Safety Center. The planned connection from the existing terminus of
Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that
serves both this development and significant residential development north of Route 50. This
connection would offer an alternative route that would help relieve future congestion on Route
50 between Prince Frederick Drive and I-81.
In addition, Coverstone Drive will connect with the future relocated Route 522 South, which
once approved and constructed, would connect at Prince Frederick Drive. In combination with
the Crossover Boulevard project, which is currently under construction from Airport Road into
the City of Winchester, this important network connection would allow significant traffic flow
from this development and surrounding land uses to access Route 522 and the City of
Winchester without traveling through the Exit 313 interchange area.
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Rezoning #01-21 One Logistics Park Winchester,
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Page 10
3) Potential Impacts:
Transportation:
While the completion of Coverstone Drive will provide an important linkage in this area, it’s
important to examine the anticipated traffic generation from this proposal and its projected
impact on the greater network that will serve this development. The current transportation
assumptions for the existing approved development anticipated a trip generation at buildout of
47,085 vehicles per day. The proposed application being considered shows a reduction to
17,606 vehicles per day. While it is recognized that this proposal results in a significantly
reduced overall trip generation, it should be recognized that this development would generate
more tractor trailer trips and interstate-based trips.
VDOT has expressed significant concern, as outlined in their comments, that the function of the
Exit 313 interchange will be negatively impacted during the peak times that were studied.
Given that the pending improvements to Exit 313 by VDOT include minimal capacity
improvements, these interchange improvements will not alleviate the impacts from this
development and the concerns that have been identified by VDOT.
Staff would also reiterate concerns with the proffer statement that were previously identified on
pages 2-6 of this report:
1. Proffer 2.3:
• As currently drafted, this proffer does not capture the intent to improve the 2
lane sections built in Phase 2 and Phase 3 to a full four lane section should the
projected vehicle trips per day on Coverstone Drive south of Land Bay 3 exceed
10,000; rewording this proffer is suggested.
• Proffer 2.3 refers to proffer 2.2 regarding the construction of Coverstone Drive.
Proffer 2.3 outlines the construction of Coverstone as a four-lane road, where
proffer 2.2 refers to a half section. This creates confusion regarding the intent to
improve Coverstone to four lanes subject to the 10,000 vehicle trips per day
noted.
• The termini referenced in proffer 2.3 is from Millwood Pike to the eastern
terminus of Coverstone Drive though Millwood Pike; this is the eastern
terminus of Coverstone Drive. The proffer should state that the improvements
apply to upgrades of the Phase 1 and Phase 2 improvements.
2. Proffer 2.6.2b does not obligate the applicant to enter the signalization agreement until
after all other onsite roadwork in the development is complete and adopted into the
system. Given the development triggers that implement that roadwork this creates the
possibility that all development has taken place prior to when proffer 2.6.2b would be
implemented. This creates a situation where it would be difficult for the County to
enforce proffer 2.6.2b. It would be more appropriate to connect the signalization
agreement to an earlier phase of development. Staff has suggested certificates of
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Rezoning #01-21 One Logistics Park Winchester,
March 8, 2021
Page 11
occupancy on land bays 1 or 2, however there are a number of ways this could be
addressed to better protect the County.
3. Proffer 2.7 obligates the Board of Supervisors to potentially procure right of way on
behalf of the applicant for offsite improvements without compensation. Additionally, it
creates the potential for the site to develop without mitigating the transportation impacts
addressed by the offsite road improvements outlined in the proffers.
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.
31
WINCH ESTERREGIONAL AIRPORTSubdivisionAIRPORT BUSINESS CENTERSubdivision
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RAVENPOINTESubdivision
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64 A 83
64 A 86 64 A 84
64 A 83A
64 A 87
64 A 87
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300ADMIRAL BYRD DR
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511AIRPORT RD
222ADMIRALBYRD DR 200AVIATION DR
600AIRPORT RD640AIRPORT RD
211VICTORY RD
382ARBOR CT 250INDEPENDENCE DR
212INDEPENDENCE DR
491AIRPORT RD
380ARBOR CT 280VICTORY RD
140INDEPENDENCE DR
220ADMIRALBYRD DR
338ARBOR CT
287VICTORY RD287VICTORY RD 320VICTORY RD
368VICTORY RD
344VICTORY RD
180ADMIRALBYRD DR
321ARBOR CT
331VICTORY RD
390AIRPORT RD 296ARBOR CT 351VICTORY RD
411VICTORY RD
181PENDLETON DR 266ARBOR CT
220ARBOR CT
119ARBOR CT290AIRPORT RD 600PEGASUS CT
220ARBOR CT
182ARBOR CT311AIRPORT RD
295AIRPORT RD 402BUFFLICK RD
140ARBOR CT352BUFFLICK RD 431BUFFLICK RD
330BUFFLICK RD
361BUFFLICK RD391BUFFLICK RD399BUFFLICK RD
1830MILLWOODPIKE
301BUFFLICK RD317BUFFLICK RD325BUFFLICK RD
1828MILLWOODPIKE
1825MILLWOODPIKE
1815MILLWOODPIKE
1809MILLWOODPIKE
1080COVERSTONE DR
1773MILLWOOD PIKE
112SULPHURSPRING RD1753MILLWOODPIKE
231SULPHURSPRING RD
1600MILLWOODPIKE
143SULPHUR SPRING RD
185SULPHURSPRING RD
201PRINCEFREDERICK
1170GREENWOOD RD
1525MILLWOODPIKE
1441MILLWOOD PIKE
1517MILLWOODPIKE
177RYCO LN
179RYCO LN
1230MILLWOODPIKE 1288MILLWOOD PIKE1302MILLWOOD PIKE
100STANLEY DR1411MILLWOODPIKE
100DARBY DR105DARBY DR
147RYCO LN 151STANLEY DR 102WINSLOW CT
1160MILLWOODPIKE 202CUSTERAVE
209CUSTERAVE 119DARBY DR
107KINROSS DR
102DUNER CT
156DELCOPLAZA
1090MILLWOODPIKE 1237MILLWOOD PIKE
103STANLEYCIR
125DARBY DR123DARBY DR
108KINROSS DR 125KILLANEY CT
1080MILLWOODPIKE 1173MILLWOOD PIKE
1181MILLWOODPIKE 128ETNAM ST 104PEMBRIDGE DR
107STANLEYCIR105STANLEYCIR
131DARBY DR
119KINROSS DR 116KILLANEY CT 121KILLANEY CT
1105MILLWOOD PIKE
1135MILLWOOD PIKE
1039MILLWOOD PIKE 108PRINCETON DR
119ETNAM ST
122PEMBRIDGE DR 206FLANAGAN DR
111DONEGAL CT 143DARBY DR 130KINROSS DR 106KILLANEY CT
112CAHILLE DR 203TAGGART DR
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Parcels
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B3 (Industr ial Transition District)
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 22, 2021
Winchester
MILLWOOD PIKE
AIRPORT RDFRONT ROYAL PIKEGREENWOOD RDVICTORY RDBUFFLICK RD DARBY DRCOSTELLO DR
SULPHUR SPRING RD
L O N G C R O F T R D CONSTITUTION DRCOVERSTONE DR
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WINCH ESTERREGIONAL AIRPORTSubdivisionAIRPORT BUSINESS CENTERSubdivision
J I C LTD.Subdivision
GOVERNORS HILLSubdivision
PRINCEFREDERICK OFFICE PARTSubdivision
RAVENPOINTESubdivision
£¤50
64 A 83
64 A 86 64 A 84
64 A 83A
64 A 87
64 A 87
64 A 85
300ADMIRAL BYRD DR
300ADMIRALBYRD DR
300ADMIRALBYRD DR
511AIRPORT RD
222ADMIRALBYRD DR 200AVIATION DR
600AIRPORT RD640AIRPORT RD
211VICTORY RD
382ARBOR CT 250INDEPENDENCE DR
212INDEPENDENCE DR
491AIRPORT RD
380ARBOR CT 280VICTORY RD
140INDEPENDENCE DR
220ADMIRALBYRD DR
338ARBOR CT
287VICTORY RD287VICTORY RD 320VICTORY RD
368VICTORY RD
344VICTORY RD
180ADMIRALBYRD DR
321ARBOR CT
331VICTORY RD
390AIRPORT RD 296ARBOR CT 351VICTORY RD
411VICTORY RD
181PENDLETON DR 266ARBOR CT
220ARBOR CT
119ARBOR CT290AIRPORT RD 600PEGASUS CT
220ARBOR CT
182ARBOR CT311AIRPORT RD
295AIRPORT RD 402BUFFLICK RD
140ARBOR CT352BUFFLICK RD 431BUFFLICK RD
330BUFFLICK RD
361BUFFLICK RD391BUFFLICK RD399BUFFLICK RD
1830MILLWOODPIKE
301BUFFLICK RD317BUFFLICK RD325BUFFLICK RD
1828MILLWOODPIKE
1825MILLWOODPIKE
1815MILLWOODPIKE
1809MILLWOODPIKE
1080COVERSTONE DR
1773MILLWOOD PIKE
112SULPHURSPRING RD1753MILLWOODPIKE
231SULPHURSPRING RD
1600MILLWOODPIKE
143SULPHUR SPRING RD
185SULPHURSPRING RD
201PRINCEFREDERICK
1170GREENWOOD RD
1525MILLWOODPIKE
1441MILLWOOD PIKE
1517MILLWOODPIKE
177RYCO LN
179RYCO LN
1230MILLWOODPIKE 1288MILLWOOD PIKE1302MILLWOOD PIKE
100STANLEY DR1411MILLWOODPIKE
100DARBY DR105DARBY DR
147RYCO LN 151STANLEY DR 102WINSLOW CT
1160MILLWOODPIKE 202CUSTERAVE
209CUSTERAVE 119DARBY DR
107KINROSS DR
102DUNER CT
156DELCOPLAZA
1090MILLWOODPIKE 1237MILLWOOD PIKE
103STANLEYCIR
125DARBY DR123DARBY DR
108KINROSS DR 125KILLANEY CT
1080MILLWOODPIKE 1173MILLWOOD PIKE
1181MILLWOODPIKE 128ETNAM ST 104PEMBRIDGE DR
107STANLEYCIR105STANLEYCIR
131DARBY DR
119KINROSS DR 116KILLANEY CT 121KILLANEY CT
1105MILLWOOD PIKE
1135MILLWOOD PIKE
1039MILLWOOD PIKE 108PRINCETON DR
119ETNAM ST
122PEMBRIDGE DR 206FLANAGAN DR
111DONEGAL CT 143DARBY DR 130KINROSS DR 106KILLANEY CT
112CAHILLE DR 203TAGGART DR
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 22, 2021
Winchester
MILLWOOD PIKE
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SULPHUR SPRING RD
L O N G C R O F T R D CONSTITUTION DRCOVERSTONE DR
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WINCH ESTERREGIONAL AIRPORTSubdivisionAIRPORT BUSINESS CENTERSubdivision
J I C LTD.Subdivision
GOVERNORS HILLSubdivision
PRINCEFREDERICK OFFICE PARTSubdivision
RAVENPOINTESubdivision
£¤50
64 A 83
64 A 86 64 A 84
64 A 83A
64 A 87
64 A 87
64 A 85
300ADMIRAL BYRD DR
300ADMIRALBYRD DR
300ADMIRALBYRD DR
511AIRPORT RD
222ADMIRALBYRD DR 200AVIATION DR
600AIRPORT RD640AIRPORT RD
211VICTORY RD
382ARBOR CT 250INDEPENDENCE DR
212INDEPENDENCE DR
491AIRPORT RD
380ARBOR CT 280VICTORY RD
140INDEPENDENCE DR
220ADMIRALBYRD DR
338ARBOR CT
287VICTORY RD287VICTORY RD 320VICTORY RD
368VICTORY RD
344VICTORY RD
180ADMIRALBYRD DR
321ARBOR CT
331VICTORY RD
390AIRPORT RD 296ARBOR CT 351VICTORY RD
411VICTORY RD
181PENDLETON DR 266ARBOR CT
220ARBOR CT
119ARBOR CT290AIRPORT RD 600PEGASUS CT
220ARBOR CT
182ARBOR CT311AIRPORT RD
295AIRPORT RD 402BUFFLICK RD
140ARBOR CT352BUFFLICK RD 431BUFFLICK RD
330BUFFLICK RD
361BUFFLICK RD391BUFFLICK RD399BUFFLICK RD
1830MILLWOODPIKE
301BUFFLICK RD317BUFFLICK RD325BUFFLICK RD
1828MILLWOODPIKE
1825MILLWOODPIKE
1815MILLWOODPIKE
1809MILLWOODPIKE
1080COVERSTONE DR
1773MILLWOOD PIKE
112SULPHURSPRING RD1753MILLWOODPIKE
231SULPHURSPRING RD
1600MILLWOODPIKE
143SULPHUR SPRING RD
185SULPHURSPRING RD
201PRINCEFREDERICK
1170GREENWOOD RD
1525MILLWOODPIKE
1441MILLWOOD PIKE
1517MILLWOODPIKE
177RYCO LN
179RYCO LN
1230MILLWOODPIKE 1288MILLWOOD PIKE1302MILLWOOD PIKE
100STANLEY DR1411MILLWOODPIKE
100DARBY DR105DARBY DR
147RYCO LN 151STANLEY DR 102WINSLOW CT
1160MILLWOODPIKE 202CUSTERAVE
209CUSTERAVE 119DARBY DR
107KINROSS DR
102DUNER CT
156DELCOPLAZA
1090MILLWOODPIKE 1237MILLWOOD PIKE
103STANLEYCIR
125DARBY DR123DARBY DR
108KINROSS DR 125KILLANEY CT
1080MILLWOODPIKE 1173MILLWOOD PIKE
1181MILLWOODPIKE 128ETNAM ST 104PEMBRIDGE DR
107STANLEYCIR105STANLEYCIR
131DARBY DR
119KINROSS DR 116KILLANEY CT 121KILLANEY CT
1105MILLWOOD PIKE
1135MILLWOOD PIKE
1039MILLWOOD PIKE 108PRINCETON DR
119ETNAM ST
122PEMBRIDGE DR 206FLANAGAN DR
111DONEGAL CT 143DARBY DR 130KINROSS DR 106KILLANEY CT
112CAHILLE DR 203TAGGART DR
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Long R ange Land Use
Urban Center
Mixed-Use
Industrial
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 22, 2021
Winchester
MILLWOOD PIKE
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SULPHUR SPRING RD
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FUTURE AIRPORT EXPANSION
FUTURE AIRPORT EXPANSIONINVERLEE WAYWINCHESTER REGIONAL AIRPORT
PROPOSED
M1 - LIGHT INDUSTRIAL DISTRICT
(±264.72 AC)
PROPOSED
B2
GENERAL BUSINESS
DISTRICT
(±12.5 AC)
LIMITS OF
APPLICATION
(TYP.)
R4 DISTRICT
(NOT SUBJECT
TO APPLICATION )
COVERSTONE DRIVE
(102' ROW)
PENDLETON DRIVE
(60' ROW)
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2
3
4
5
6
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9
10
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12
1314 15
16 17
19
20
21 22
23 24 25 26 28
29
30
31
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27
75' INACTIVE LANDSCAPE
BUFFER
25' ACTIVE LANDSCAPE
BUFFER
PHA
S
E
A PHASE APHA
S
E
B PHASE BTREE SAVE
AREA (TYP.)
TREE SAVE
AREA (TYP.)
TREE SAVE
AREA (TYP.)
1
2
3
4
5
6
7
8
APPROX. LAND BAY
LIMITS (TYP.)
LAND BAY
NUMBER
(TYP.)
FLOODPLAIN
LIMITS (TYP.)
EXISTING
POND
10' SHARED
USE TRAIL
(TYP.)
POTENTIAL
LAND BAY
ACCESS POINTS (TYP.)
(SEE NOTE #2 THIS SHEET)
PRIMARY ACCESS
LAND BAY 3
SEE ADJOINING
PROPERTIES
TABLE (TYP.)
APPROX. LOCATION
EXISTING SANITARY
MANHOLE (TYP.)
150' INACTIVE LANDSCAPE
ROAD EFFICIENCY BUFFER
(PER PROFFER 7.1)
COVERSTONE DRIVE
PHASE 1 PER
PROFFER 2.2
COVERSTONE DRIVE
PHASE 2 PER
PROFFER 2.2
COVERSTONE DRIVE
PHASE 3 PER
PROFFER 2.2
TREE SAVE
AREA (TYP.)
PHASE A
±134.67 AC
PHASE B
±142.55 AC
LAND BAY
NUMBER
(TYP.)
APPROX. LAND BAY
LIMITS (TYP.)
POTENTIAL
LAND BAY
ACCESS POINTS (TYP.)
(SEE NOTE #2 THIS SHEET)
100' INACTIVE LANDSCAPE
ROAD EFFICIENCY BUFFER
(PER PROFFER 7.1)
JN 3088-0103
ONE LOGISTICS PARK WINCHESTER
G:\PROJECT\PLANN\3088\0103\EXHIBITS\06 - REZONING APPLICATION EXHIBITS\3088-0201_L_GDP_PR_RZ_REV-3.DWG
02.09.2021 4501 Daly Drive
Chantilly, VA 20151
Phone: 703-263-1900
www.gordon.us.com
PROGRAMMING AND PLANNING
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURE
SURVEY AND MAPPING
SECURITY CONSULTING
GENERALIZED DEVELOPMENT PLAN
ADJOINING PROPERTIES
NOTES:
1.MINOR MODIFICATIONS AS NECESSARY UPON FINAL ENGINEERING, INCLUDING BUT NOT LIMITED
TO LAND BAY INGRESS/EGRESS AND INTERSECTION ALIGNMENTS, MUST MEET THE INTENT OF THE
PROFFERS, FREDERICK COUNTY AND VDOT APPROVAL.
2.THE LAND BAY ACCESS POINTS ARE SUBJECT TO FINAL APPROVAL / COORDINATION WITH VDOT
AND ARE SHOWN ON THIS PLAN FOR GRAPHIC PURPOSES ONLY.
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APPLICANT / CONTACT:
WICKSHIRE INDUSTRIAL LLC
C/O MR. EDWARD PODBOY
2318 RIVIERA DRIVE
VIENNA, VA 22181
EMAIL: epodboy@wickshiregroup.com
OWNERS:
JGR THREE LLC ET ALS
HOCKMAN INVESTMENTS LLC
GOVERNOR’S HILL LLC
ONE LOGISTICS PARK WINCHESTER
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
REVISED 02/09/2020
PREPARED BY:
CONTACT:
CHRIS STEPHENSON
4501 DALY DRIVE
CHANTILLY, VA 20151
703-262-1900
IMPACT ANALYSIS
STATEMENT
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2
ONE LOGISTICS PARK
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by the
proffered rezoning of a 277.22 acre assemblage identified as Tax Map Parcels: 64-A-83, 64-A-83A,
64-A-84, 64-A-85, 64-A-86, & 64-A-87. The subject property is located on the south side of
Millwood Pike (U.S. Route 50) and on the north side of the Winchester Regional Airport. The
277.22-acre assemblage is currently zoned R4, Residential (Planned Community District). This
application proposes to rezone the 264.72 acre of the assemblage to M-1 (Light Industrial) and
12.5 acres to B-2 (General Business) Districts with up to 2,995,600 square feet of building area.
This application seeks to change the current residential zoning designation to provide land uses
that are light industrial and general business in nature which are more appropriate given the
immediate existing / surrounding uses. To further support this effort, the property is also within
the limits of the Airport Support Area where residential development is not desired. Successful
entitlement will allow the property will be marketed / developed with any of the allowed and
conditional uses as permitted by the respective zoning districts. Those types of uses supports the
business development focus goals of the Comprehensive Plan while benefiting the community by
offering viable economic development opportunities.
BASE INFORMATION
LOCATION: FRONTING ON THE SOUTHSIDE OF MILLWOOD PIKE (US ROUTE 50
EAST) AND THE NORTH SIDE OF WINCHESTER REGIONAL AIRPORT.
MAGISTERIAL DISTRICT: SHAWNEE DISTRICT
PROPERTY ID #’S: 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64-A-86 & 64-A-87
CURRENT ZONING: R4 (RESIDENTIAL PLANNED COMMUNITY DISTRICT)
CURRENT USE: VACANT
PROPOSED ZONING: M1 (LIGHT INDUSTRIAL DISTRICT) 264.72 AC
B2 (GENERAL BUSINESS) 12.5 AC
TOTAL PROPOSED SF: 2,995,600 SF
TOTAL REZONING AREA: 277.22 AC
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3
COMPREHENSIVE PLAN
The One Logistics Park Winchester rezoning application is within the Senseny/Eastern Frederick
Urban Area Plan per the 2035 Comprehensive Plan. Previous approvals on the properties have
designated the west side of the project as intended to be General Business and Industrial Transition
uses. The properties on the east side are currently intended to be high density residential (12-16
units/acre). The entire assemblage is within the Sewer and Water Area (SWSA) and approximately
115 acres are within the Urban Development Area (UDA). The application is also within the limits
of the Airport Support Area.
The 2035 Comprehensive Plan identifies the subject properties with a commercial/transition and
residential land use designations. While the requested M1 (Light Industrial) District is generally
inconsistent with the Comprehensive Plan, it should be noted that the proposed change of use is
consistent with the land use plan that was in effect prior to the Governors Hill rezoning. This area
is also within the limits of the Airport Support Area, where residential development is not desired
for properties in this area
This proposal supports the intended business development goals envisioned by the County for this
area. It will increase the employment potential as encouraged by the 2035 Comprehensive Plan
and provides more complimentary uses adjacent to the Winchester Regional Airport. It would also
remove residential zoned land from the Airport Support Area where it is currently discouraged.
Together these elements help support the future airport expansion and establishment of
commercial and industrial land uses on the subject parcels.
SUITABILITY OF THE SITE
The subject parcels do have environmental features such as flood plain, wetlands, and steep
slopes. These features are minimal when compared to the entirety of the 277-acre assemblage.
Through well thought out site planning, and engineering practices, land disturbance will be limited
in accordance with applicable regulatory standards.
Flood Plains
The 277.22-acre portion of the subject property does contain areas of flood plain (Sulphur Springs
Run) as demonstrated on FEMA NFIP Map #51069C0219D, Effective Date September 2, 2009, as
well as information from the Frederick County GIS Database. No proposed buildings will be located
within the limits of the flood plain. A floodplain study or alteration will be processed with Frederick
County and FEMA for improvements within the floodplain, as required.
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Wetlands
The National Wetlands Inventory Map identifies five wetland features on the site, all of which are
man-made ponds. Any disturbance will be limited in accordance with applicable regulatory
standards. More detailed environmental investigation will be completed prior to the site plan and
construction process. Any wetland impacts that are required will be processed to comply with all
County, State and Federal regulations.
Soils and Steep Slopes
Per the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database, the
parcels subject to this application contain nine soil types within the limits of the application. The
following soil types are present:
• 1B Berks Channery Silt Loams 3-8% slope
• 1C Berks Channery Silt Loams 8-15% slope
• 3B Blairton Silt Loams 2-7% slope
• 9B Clearbrook Channery Silt Loams 2-7% slope
• 36 Pits, Quarries, and dumps
• 41B Weikert-Berks Channery Silt Loams 3-8% slope
• 41C Weikert-Berks Channery Silt Loams 8-15% slope
• 41D Weikert-Berks Channery Silt Loams 15-25% slope
• 41E Weikert-Berks Channery Silt Loams 25-35% slope
The existing soils onsite are generally suitable for site construction provided the proper drainage,
grading and sloping are maintained during and after construction. The existing soil characteristics
and any implications for site development are manageable through the site engineering and
construction processes. Steep slopes (areas of 50% slope or greater) exist along the frontage of
the site and adjacent to four ravines that drain the site to Sulphur Spring Run. Some disturbance
of these areas may be necessary to implement the project grading and stormwater management
systems.
Surrounding Properties
NORTH
• U.S Route 50 (6 lanes, median divided public road)
• Existing residential (more than 500’ away)
• Zoned: RP (Residential, Performance District)
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SOUTH
• Winchester Regional Airport
• Future expansion / site access planned through subject area
EAST
• Existing light industrial / commercial uses
• Zoned: M1 (Light Industrial District)
WEST
• Existing Army Corps of Engineers Facility
• Zoned: B2 (General Business District)
TRANSPORTATION
The One Logistics Park Winchester project will be served by a transportation network designed and
constructed to accommodate automobile and truck traffic safely and efficiently. The roadway network
incorporates the general route location to extend Coverstone Drive as a collector road from Millwood
Pike to the existing road adjacent to the Sheriffs east of Prince Frederick Drive. The external road
system serving the site is comprised of Millwood Pike (Route 50/17 East), Prince Frederick Drive (Route
781), Coverstone Drive, and Pendleton Drive. Millwood Pike is a four-lane major arterial roadway,
Coverstone Drive is proposed as a two-lane major collector and Prince Frederick Drive is a two-lane
minor collector road. Pendleton Drive is a two-lane local roadway connecting to the east which provides
alternative access to Arbor Court and Victory Road (Va. Rte. 728).
The regional roadway network was planned as part of the Governors Hill approvals through 2013, which
supported residential, office, and commercial activities with Coverstone Drive planned as a four-lane
divided roadway, and off-site improvements at Millwood Pike intersections at Prince Frederick Drive
and Sulphur Springs Road. The proposed land use plan significantly reduces the site traffic potential of
the property by removing the residential use component and focusing on general industrial uses as
recommended in the County Comprehensive Plan, with the general industrial uses, and ancillary
commercial use in one land bay adjacent to the Millwood Pike/Coverstone Drive/Inverlee Way
intersection, the anticipated site Daily trips at build-out are reduced from over 46,000 Vehicles per Day
(VPD) under existing zoning with the Governors Hill uses to approximately 17,600 VPD, or a reduction
of over 60 percent. With the significant trip reduction, the on-site public roadway network maintains
the ultimate R-O-W for the four-lane extension of Coverstone Drive, but phases the construction to
provide the link connection as a two-lane road with turn lanes and widening at Millwood Pike for a four
lane section with a raised median.
The applicant has maintained off-site turn lane improvements at Costello Drive/Prince Frederick Drive
intersection as well as off-site road contributions and trip thresholds in the proffers. However, the
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biggest change in the development with the employment uses is to establish the initial construction of
Coverstone Drive as a through road to provide public street access.
The transportation improvement program proffered with this application will improve existing off-site
transportation shortfalls identified within the TIS prior to the inclusion of the proposed development
impacts to the transportation network. The implementation of this program will occur in Phase A of
the development, as specified by the Proffer Statement (see attached). The transportation proffers
included with the application mitigate all impacts of the proposed rezoning, by providing the ultimate
R-O-W for the public street network and building improvement to service the subject uses.
A traffic impact study (TIS) is under preparation for this application using the current updated land use
plan and extensive VDOT coordination on the technical scoping. Using trip generation figures from the
latest edition of I.T.E. Trip Generation Manual, the TIS projects that the proposed development will
reduce vehicle trips greater than 60% from the commercial uses assumed in the transportation studies
from the RZ#10-08 rezoning approval. The TIS further includes additional study area roads and
intersections from the Governors Hill rezoning study to reflect the regional improvement programmed
by VDOT west of the site at the I-81 interchange. The study also provides the initial on-site traffic
operations for Coverstone Drive at the proposed site entrances to verify turn lanes, which provide
guidance for future site plan reviews.
Based on the traffic forecasts, we anticipate the proposed Coverstone Drive two-lane section with turn
lanes will adequately support the build-out of the property with the general industrial uses, as well as
accommodate through traffic. The improvements also include the extension of a shared use path along
Coverstone Drive with the site build-out to provide pedestrian linkages.
The transportation network does include phasing for the local street, by connecting Pendleton Drive to
Coverstone Drive extended. The local network supports additional access to the adjacent Airport and
provide alternative access to the existing employment uses adjacent to Arbor Court. The Pendleton
Drive connection will not be completed until Phase 2 activities, so as not to overload the existing roads.
Additionally, the applicant is preparing the signal justification for the proposed US Route 50/17/Inverlee
Way/Coverstone Drive intersection. The study for the location is provided consistent with the previously
approved proffers for the intersection and the current VDOT guidance to assess alternative intersection
configurations for new signal locations. Previous approved proffers required signalization when
warranted. The analysis is accelerated to verify geometry. The significant reduction in proposed site
trips, the proposed commitment with the updated proffers to provide the ultimate R-O-W, and
construction of Coverstone Drive from US Route 50/17 (Millwood Pike) to the existing segment of
Coverstone Drive east of Prince Frederick Drive (Va. Route 781) will support the subject site with
employment uses.
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SEWAGE CONVEYANCE & WATER SUPPLY
The proposed change in zoning of the property is expected to result in a reduction to overall impact
to the water demand and the sanitary sewer discharge. This is a result of the change in use from
the higher demands of planned residential use to the proposed light industrial development.
Sanitary sewer service will be provided by Frederick Water via an existing 8” sewer line that ties
into the 12” sewer main located on the south side of Millwood Pike along the frontage of the site.
This infrastructure will be expanded pursuant to Frederick Water requirements to serve the entire
site and enable gravity flow to the existing main (where possible). A pump station or grinder pumps
may be required to serve the buildings proposed on the east side of the property.
Water is currently served by a 12” water main which currently extends through the central portion
of the site. This water main will be rerouted, as necessary, with the final engineering associated
with the site development. This infrastructure will be expanded pursuant to Frederick Water
requirements. Sufficient water capacity exists to serve the domestic and fire protection demands
of the project. The proposed land uses have a maximum sanitary estimated flow of about 390,000
GPD based on +/- 277 acres of light industrial land use. A preliminary computation is as follows:
Estimated Flow = Area * Estimated employees/acre * Flow/employee
Estimated Flow = 277.22 acres * 40 employees/acre (per section 3.2.A of Frederick Water
Standards and Specifications) * 35 gallons/employee (Table 3 of the SCAT
Regulations 9VAC25-790-490)
Estimated Flow = 388,108 GPD ~ 390,000 GPD
Actual water and sewerage flows will be determined at the time of final site engineering.
SITE DRAINAGE
The rezoning of the subject property will not result in significant changes to the existing site
drainage patterns. The site generally drains north to Sulphur Spring Run via several pronounced
drainage divides. It is anticipated that stormwater BMP’s and dry ponds will be implemented to
meet local, state and federal stormwater development requirements. Stormwater design along
with erosion control practice will mitigate adverse stormwater discharge impacts. Design of
temporary and permanent facilities will be provided with final engineering and will comply with
all County, State and Federal regulations.
SOLID WASTE DISPOSAL
The rezoning of the subject property from residential to proposed light industrial uses will not
result in an increase of solid waste and therefore will not adversely affect the County’s disposal
facilities. Solid waste from the project will be collected and deposited in the Frederick County
landfill following via private carrier(s) contracted by the individual users.
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HISTORICAL SITES AND STRUCTURES
The Senseny/Eastern Frederick Land Use Plan does not identify the subject properties with any
known historic sites or structures. The proposed rezoning will not create negative impacts
associated with any historic resources and prior to approval of first site plan a Phase 1
Archaeological Investigation will be conducted.
IMPACT ON COMMUNITY FACILITIES
The rezoning of the subject properties to the M1 and B2 districts will have a positive impact on
the community by generating economic diversity though the creation of employment
opportunities. This application will expand the commercial tax base while allowing for the
continuation of a lower residential tax rate. In addition, this project would lessen the
demands/impacts on County and community facilities such as schools and parks that would have
been typically generated if the properties were to be developed under the current zoning.
Impacts to the transportation network will be mitigated by the proffered transportation
improvements as specified in the pending proffers.
Any visual or nuisance impacts on the surrounding property are being taken into consideration.
The property will be developed in a manner that is logical, efficient and minimizes land
disturbance to greatest extent possible. Helping with the mitigation efforts, is a commitment to
providing an additional 50’ to the required full-distance buffer adjacent to Route 50. Tree save
opportunities have been incorporated where possible. The combination of the additional buffer
setback, landscape requirements and tree save together help to mitigate impacts on the Route
50 viewshed.
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To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
160
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
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Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
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Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
163
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
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Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
165
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
166
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
167
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
168
Page 12
To be completed by Planning Staff: Fee Amount Paid $
Zoning Amendment Number Anticipated PC Hearing Date
Date Received Anticipated BOS Hearing Date
REZONING APPLICATION
FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT
1. Property Owner(s) (please attach additional page(s) if more than two owners):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s)
if necessary):
Name:
Specific Contact Person if Other than Above:
Address:
Telephone: Email:
3. Law firm, engineering firm, or other person, if any, serving as the primary contact
person for this application:
Firm Name:
Specific Contact Person at Firm:
Address:
Telephone: Email:
Please note that, if a law firm, engineering firm, or other person, other than the owner of the
property, will be acting on behalf of the owner and/or executing papers on behalf of the
owner in connection with the rezoning, the owner will need to execute a power of attorney
form granting the firm or person such authority.
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Page 14
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:
□ Location Map
□ Plat Depicting Metes/Bounds of Proposed Zoning
□ Impact Analysis Statement
□ Proffer Statement (if any)
□ Agency Comments
□ Fee
□ Copies of Deed(s) to Property(ies)
□ Tax Payment Verification
□ Digital copies (pdf’s) of all submitted items
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Planning Commission
Agenda Item Detail
Meeting Date: March 17, 2021
Agenda Section: Public Hearings
Title: Ordinance Amendment - Boat Repair in the RA Zoning District - (Mr. Klein)
Attachments:
PC03-17-21OABoatRepairRADistrict.pdf
253
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: Public Hearing - Ordinance Amendment – Boat Repair Shop
DATE: February 25, 2021
Staff has been requested to draft an amendment to the Zoning Ordinance to include “Boat Repair Shop”
as a conditional use in the RA (Rural Areas) Zoning District. The Frederick Zoning Ordinance
currently allows boat repair shops only within the M1 (Light Industrial) and M2 (Industrial General)
Zoning Districts (classified as SIC-37 Transportation Equipment). A comparable use would be
automotive repair (SIC-75 Automotive Repair, Services, and Parking), which is also allowed as a by-
right use in the M1 and M2 Zoning District. In addition to being a by-right use in the M1 and M2
Districts, automotive repair is also permitted as a conditional use in the RA District (public garage).
Staff has prepared a text amendment for three (3) areas of the Zoning Ordinance. These include: 1) a
new definition for a “boat repair shop," 2) additional regulations for specific uses for boat repair shops
and, 3) the inclusion of boat repair shops as a conditional use in the RA District.
The Development Review and Regulations (DRRC) discussed this item at their meeting on January
28, 2021. The DRRC agreed with the text amendment as drafted by staff and forwarded it to the
Planning Commission for discussion. The Planning Commission discussed this item on February 17,
2021 and offered no comments. The Board of Supervisors discussed this item on February 24, 2021;
the Board expressed concern regarding the visibility of exterior storage of boats awaiting repair/pickup
and the storage of parts. The Board of Supervisors ultimately sent the amendment forward for public
hearing with the following additions:
All exterior storage of parts, equipment, and boats shall be completely screened from view
of surrounding properties by an opaque fence or screen a minimum of six (6) feet in
height. This fence or screen shall be adequately maintained.
The attached document shows the existing ordinance with the proposed changes supported by the
Board of Supervisors. This proposed ordinance amendment is being presented to the Planning
Commission as a public hearing item. Staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
254
Revised February 25, 2021
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
165-101.02 Definitions and word usage.
Boat Repair Shop - A structure or portion thereof, designed for or used for servicing, repair,
or equipping boats, but not including boat sales.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
165-204.33 Boat repair shop
All boat repair uses shall meet the following requirements:
A. All repair activities shall take place entirely within an enclosed structure.
B. All exterior storage of parts, equipment, and boats shall be completely screened from
view of surrounding properties by an opaque fence or screen a minimum of six (6) feet
in height. This fence or screen shall be adequately maintained.
C. In the RA, M1, and M2 Zoning Districts the sale or resale of boats shall not be
permitted as an accessory or secondary use to a boat repair shop.
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
165-401.3 Conditional Uses.
DD. Boat repair shop.
255
Planning Commission
Agenda Item Detail
Meeting Date: March 17, 2021
Agenda Section: Information/Discussion Items
Title: Master Development Plan #01-21 for Hackwoods-SVWC - (Mr. Klein)
Attachments:
PC03-17-21MDP01-21.pdf
256
MASTER DEVELOPMENT PLAN #01-21
Hackwoods-Shenandoah Valley Westminster Canterbury (SVWC)
Staff Report for the Planning Commission
Prepared: March 2, 2021
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning and Development Staff to provide
information to the Planning Commission and the Board of Supervisors to assist in the review of
this application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 03/17/21 Pending
Board of Supervisors: 04/14/21 Pending
PROPOSAL: To develop 58 multi-family units on 11.50+/- acres (approximately 5 dwelling
units/acre) of land in Frederick County zoned RP (Residential Performance) Zoning District. The
project site includes 9.81-acres +/- of land within the City of Winchester Corporate limits for a total
of 21.31-acres +/- and a total of 97 units.
LOCATION: The subject property is located on the east side of Fox Drive (Route 767) and generally
west of Westminster Canterbury Drive, north and adjacent to the City of Winchester corporate limits.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 53-A-64
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) Use: Multi-Family Residential
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: RP (Residential Performance) Use: Residential
South: City of Winchester Use: Residential
East: RP (Residential Performance) Use: Residential (Westminster Canterbury)
West: RP (Residential Performance) Use: Residential
STAFF CONCLUSIONS FOR THE 03/17/21 PLANNING COMMISSION MEETING:
The Master Development Plan for Hackwoods-Shenandoah Valley Westminster Canterbury (SVWC)
depicts appropriate land uses and appears to be consistent with the requirements of Article VIII,
Master Development Plan, of the Frederick County Zoning Ordinance and is in a form that is
administratively approvable. All issues brought forth by the Planning Commission should be
appropriately addressed by the Applicant.
It appears that the application meets all requirements. Following presentation of the application to
the Planning Commission and the Board of Supervisors, and the incorporation of your comments,
staff is prepared to move forward and approve the MDP.
257
MDP #01-21, Hackwoods-SVWC
March 2, 2021
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: VDOT has reviewed the Hackwoods-SVWC - Master
Development Plan dated October 15, 2020. Based on the review of the drawings, we have the
following comments:
1. Both entrances to the development appear to be within the jurisdiction of the City of
Winchester.
2. The roadways shown, in the submittal, extending into Frederick County are labeled as private.
This office has no further comments.
Please see attached email dated November 17, 2020.
Frederick County Fire Marshal: Approved
Please see attached letter dated October 20, 2020.
Frederick County Inspections: No comments. Comments will be made at site plan submittal.
Please see attached letter dated October 30, 2020.
Frederick County Public Works: A comprehensive review shall be performed at time of site plan
submission.
Please see attached letter dated October 23, 2020.
Frederick Water: No comment.
Please see attached letter dated October 22, 2020.
Frederick County Park & Recreation: Plan appears to meet Parks and Recreation requirements.
Please see attached letter October 27, 2020.
Frederick County Public Schools: We understand that this is an age restricted development. As
such, we offer no comment.
Please see attached letter dated October 29, 2020.
City of Winchester: No comments.
Please see attached letter dated February 3, 2021.
Frederick County GIS: No Comment.
Please see attached letter dated December 31, 2020.
258
MDP #01-21, Hackwoods-SVWC
March 2, 2021
Page 3
Planning & Zoning:
A) Master Development Plan Requirement
A Master Development Plan is required prior to the development of this property. Before
an MDP can be approved, it must be reviewed by the Planning Commission, Board of
Supervisors and all relevant review agencies. Approval may only be granted if the MDP
conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances.
The purpose of a MDP is to promote orderly and planned development of the property
within Frederick County that suits the characteristics of the land, is harmonious with
adjoining property and is in the best interest of the general public.
B) Site History
This property was not part of a rezoning or other legislative application. The original
Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for
the subject parcel R3 (Residential Limited) District. The R3 District was changed to RP
(Residential Performance) District on September 28, 1983 when the R1, R2, R3, and R6
zoning districts were reclassified. There are no previously approved plans for the subject
property. The Westminster Canterbury campus was originally approved in 1985 and has
expanded/developed incrementally since.
C) Site Suitability & Project Scope
Comprehensive Plan:
The 2035 Comprehensive Policy 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 contained in 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 Compatibility:
The proposed development is in the vicinity of Sunnyside. The Eastern Frederick County
Long Range Land Use Plan (EFLRLUP) shows this area with a residential land use
designation; the site is also located in a future neighborhood village. A mixture of
residential and commercial uses exists near the subject parcel. The existing Westminster
Canterbury community adjoins the subject parcel, single-family detached residential
dwellings exist to the north and across Fox Drive (Route 767). The City of Winchester
adjoins the property to the south and is primarily developed with single-family detached
residential.
The current RP (Residential Performance) District zoning of the site and the proposed
development (multifamily residential) is supported by the Comprehensive Plan for this area
of the County (neighborhood village).
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MDP #01-21, Hackwoods-SVWC
March 2, 2021
Page 4
Site Access and Transportation:
Access to the site will be provided via a gated entrance from Fox Drive (Route 767) on the
City of Winchester portion of the project and from an internal private road from
Westminster Canterbury Drive/main campus on the Frederick County portion of the
project. A private loop road will serve as access to the multifamily buildings, providing
circulation on both the City and County portion of the project.
Zoning Ordinance:
The site is in general conformance with the applicable Zoning Ordinance standards for the
RP (Residential Performance) Zoning District. The MDP also addresses the required
setbacks (i.e. building restriction lines) and zoning district buffers (Category C Zoning
District Buffer with full landscape screen) required by the Code. A site plan for the
multifamily buildings within the development will need to be submitted and reviewed by
Frederick County prior to the establishment of the particular uses.
Staff notes the Applicant is concurrently pursuing approval for the portion of the project
within the corporate limits of the City of Winchester in addition to this MDP and
subsequent site plan review/approval from Frederick County.
STAFF CONCLUSIONS FOR THE 03/17/21 PLANNING COMMISSION MEETING:
The Master Development Plan for Hackwoods-Shenandoah Valley Westminster Canterbury
(SVWC) depicts appropriate land uses and appears to be consistent with the requirements of
Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance and is in a
form that is administratively approvable. All issues brought forth by the Planning Commission
should be appropriately addressed by the Applicant.
It appears that the application meets all requirements. Following presentation of the
application to the Planning Commission and the Board of Supervisors, and the incorporation
of your comments, staff is prepared to move forward and approve the MDP.
260
Winchester
53 A 64
197ELDERBERRY CT
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671FOX DR
100CLEVENGER CT
677FOX DR
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135MARGARET LN 500TUDOR DR
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117MARGARET LN
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408TUDOR DR 413TUDOR DR 501TUDOR DR
111MARGARET LN 400TUDOR DR402TUDOR DR 409TUDOR DR 122RUGBY PL 123RUGBY PL
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130MARGARET LN 858FOX DR 324TUDOR DR 328TUDOR DR
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217TUDOR DR 211TUDOR DR 110TUDOR DR
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MDP # 01 - 21 : Hackwoods - S henand oah ValleyWestminster CanterburyPIN: 53 - A - 64Multifamily Residential Dev elopmentZoning M ap
MD P #01-21
261
Winchester
53 A 64
197ELDERBERRY CT
197ELDERBERRY CT
197ELDERBERRY CT
671FOX DR
100CLEVENGER CT
677FOX DR
102CLEVENGER CT
685FOX DR104CLEVENGER CT
610TUDOR DR
613TUDOR DR
106CLEVENGER CT
697FOX DR
606TUDOR DR
609TUDOR DR
108CLEVENGER CT
602TUDOR DR
600TUDOR DR
601TUDOR DR603TUDOR DR 605TUDOR DR
109CLEVENGER CT
110CLEVENGER CT
512TUDOR DR
510TUDOR DR
731FOX DR
506TUDOR DR
502TUDOR DR 511TUDOR DR
135MARGARET LN 500TUDOR DR
505TUDOR DR
129MARGARET LN
123MARGARET LN
117MARGARET LN
732FOX DR
410TUDOR DR
408TUDOR DR 413TUDOR DR 501TUDOR DR
111MARGARET LN 400TUDOR DR402TUDOR DR 409TUDOR DR 122RUGBY PL 123RUGBY PL
121RUGBY PL
146MARGARET LN
746FOX DR 330TUDOR DR 405TUDOR DR
401TUDOR DR 118RUGBY PL 120RUGBY PL
115RUGBY PL
130MARGARET LN 858FOX DR 324TUDOR DR 328TUDOR DR
116RUGBY PL 114RUGBY PL
113RUGBY PL
110MARGARET LN
758FOX DR 318TUDOR DR 320TUDOR DR
321TUDOR DR323TUDOR DR
101TUDOR DR
112RUGBY PL
761FOX DR 766FOX DR
314TUDOR DR
312TUDOR DR 315TUDOR DR 105TUDOR DR 110RUGBY PL
304TUDOR DR 308TUDOR DR 223TUDOR DR
217TUDOR DR 211TUDOR DR 110TUDOR DR
112TUDOR DR 108RUGBY PL
104RUGBY PL106RUGBY PL
FOX DRC O T T A G E D R
WINEBERRY DRRUGBY PLFORT BRADDOCK CT
OLD FORT RDWESTMINSTER-CANTERBURYDRM A R G A R E T L N
T
UDOR DRApplication
Parcels
Sewer and Water Service A rea µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 10, 2021
WinchesterFOX DRNORTH SECTOR CT SUNNYSIDE DRHICKORY LNTUDOR DRWARNER ST
FOXRIDGE LN
CAROLINE STMA
R
I
O
N
S
T OAK SIDE LN¬«37¬«37
0 250 500125 Feet
£¤522
MDP # 01 - 21 : Hackwoods - S henand oah ValleyWestminster CanterburyPIN: 53 - A - 64Multifamily Residential Dev elopmentLocation Map
MD P #01-21
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