PC 12-15-21 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Committee Reports
4.Citizen Comments
5.Public Hearings
5.A.Rezoning #05-21 for Paula O. Henry - (Ms. Perkins)
Submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General
Business) District to the B3 (Industrial Transition) District. The property is located at the
intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the
Stonewall Magisterial District and is identified by Property Identification Number 54-A-
97U.
5.B.Conditional Use Permit #13-21 for Upper Valley Estate, LLC - (Mr. Cheran)
Submitted by Pennoni Associates, Inc. to construct a tractor truck and tractor truck
trailer parking facility. The subject properties are located between Welltown Road and
Crown Lane just south of the Winchester & Western Railroad and north of Liberty
Square and are identified with Property Identification Numbers (PINs) 43-A-51, 43-2-B
and 43-3-E in the Stonewall Magisterial District.
6.Other
6.A.Current Planning Applications
AGENDA
PLANNING COMMISSION
WEDNESDAY, DECEMBER 15, 2021
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC12-15-21REZ05-21_Redacted.pdf
PC12-15-21CUP13-21_Redacted.pdf
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7.Adjourn
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Planning Commission
Agenda Item Detail
Meeting Date: December 15, 2021
Agenda Section: Public Hearings
Title: Rezoning #05-21 for Paula O. Henry - (Ms. Perkins)
Attachments:
PC12-15-21REZ05-21_Redacted.pdf
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REZONING APPLICATION #05-21
PAULA O. HENRY
Staff Report for the Planning Commission
Prepared: December 1, 2021
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 12/15/21 Pending
Board of Supervisors: 01/12/22 Pending
PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3
(Industrial Transition) District without proffers.
LOCATION: The property is located along Fort Collier Road (Route 1322), approximately 400’east
of Baker Lane (Route 1300) and 1,400 feet north of Berryville Avenue (Route 7).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/01/21 PLANNING
COMMISSION MEETING:
This is a proposal to rezone 8.2-acres to the B3 Zoning District without proffers. The subject property
was rezoned from the M1 (Industrial General) District to the B2 District in 1987.
The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The
Plan identifies this property with a commercial land use designation; the property is also within the
limits of the Sewer and Water Service Area and the Urban Development Area. The
existing/proposed zoning is generally consistent with the goals of the Plan.
In appropriate locations, B3 zoning may be consistent with the goals of the Plan. The intent of the B3
District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling,
in locations that are separate from but in the vicinity of business and industrial areas. In some cases,
such areas may be transitional, located between business and industrial areas. While some uses
permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more
intensive. The rezoning does not include proffers and would therefore permit any use allowed in the B3
Zoning District.
This site is surrounded by a mixture of business, transitional, and residential zoning and therefore
careful consideration should be made regarding impacts to surrounding uses and visibility of
potential outdoor storage areas. Impacts to County services such as Fire and Rescue have not been
addressed with this application.
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 #05-21 Paula O. Henry
December 1, 2021
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by Staff where relevant throughout this Staff report.
Reviewed Action
Planning Commission: 12/15/21 Pending
Board of Supervisors: 01/12/22 Pending
PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3
(Industrial Transition) District without proffers.
LOCATION: The property is located along Fort Collier Road and Stratford Drive and is
approximately 400’east of Baker Lane.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-97U
PROPERTY ZONING: B2 (General Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B3 (Industrial Transition) District Use: Warehousing
B2 (General Business) District Commercial
South: B2 (General Business) District Use: Vacant
East: RP (Residential Performance) District Use: Residential (Huntington Meadows)
B3 (Industrial Transition) District Use: Warehousing
West: B2 (General Business) District Use: Commercial
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Rezoning #05-21 Paula O. Henry
December 1, 2021
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Upon review of rezoning (application packet for the Paula
Henry Property (application received in our office 8/2/2021), VDOT offers the following comments:
The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic
generation and would not have a significant impact to the roadway network.
Site access shall be designed and constructed per the most current revisions of the VDOT Road
Design Manual, Road and Bridge Standards, and all other applicable specification and standards.
Please see letter from Bradley S. Riggleman, P.E. Area Land Use Engineer dated September 8,
2021.
Frederick Water: Please see letter from Eric Lawrence, Executive Director dated August 5, 2021.
Frederick County Department of Public Works: We offer no additional comments at this time.
A comprehensive review shall occur at time of site plan submission.
Please see agency comments sheet from Joe Wilder dated August 12, 2021.
Frederick County Fire Marshall: Plan approved.
Please see agency comments sheet from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated
August 3, 2021.
Frederick County Attorney: No comment
Please see email from Roderick B. Williams, County Attorney dated October 10, 2021.
City of Winchester: No comments.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies
these properties as being zoned M2 (Industrial General) District. The Board of Supervisors
approved Rezoning #29-87 on September 9, 1987, which rezoned the property to the B2
(General Business) District.
2) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
The 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
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Rezoning #05-21 Paula O. Henry
December 1, 2021
Page 4
the living environment within Frederick County. It is in essence a composition of policies
used to guide the future development of Frederick County.
The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Comprehensive Plan-Land Use Compatibility
The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the
future development of the property. The Plan identifies this property with a business land
use designation; the property is also within the limits of the Sewer and Water Service Area.
The existing B2 zoning is generally consistent with the goals of the Comprehensive Plan.
In appropriate locations, B3 zoning may be consistent with the goals of the Plan. The intent
of the B3 District is to provide for heavy commercial activities, involving larger scale
marketing or wholesaling, in locations that are separate from but in the vicinity of business
and industrial areas. In some cases, such areas may be transitional, located between business
and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it
should be noted that many uses are more intensive.
3. Access
The site is proposed to be accessed via a full entrance on Fort Collier Road and would align
with Stratford Drive (Route 1350). This access location is not proffered and therefore
alternative or additional access may be developed if approved by VDOT.
4. Potential Impacts
This site is surrounded by a mixture of business, transitional, and residential zoning. The
rezoning does not include proffers and would therefore permit any use allowed in the B3
Zoning District.
Staff would suggest that the following aspects of the proposal be carefully considered:
▪ Land use compatibility between this site and adjoining properties
▪ Visibility and screening of outdoor storage that may develop
▪ Interparcel connection with PIN 54-A-97F and 54-A-42
▪ Impacts on County services such as Fire and Rescue
5. Proffers: There are no proffers associated or proposed with this rezoning application.
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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Winchester
54 A 97U
706BAKER LN
150WESTVIRGINIA
146WESTVIRGINIA
140WESTVIRGINIA
136WESTVIRGINIA 130WESTVIRGINIA
126WESTVIRGINIA
102COVINGTON LN
122WEST VIRGINIA
104COVINGTON LN
106COVINGTON LN
100COVINGTON LN
105COVINGTON LN
101COVINGTON LN
103COVINGTON LN
728BAKER LN
535FORTCOLLIER RD
101BANBURYTER
742BAKER LN
105BANBURYTER
107BANBURYTER
750BAKER LN
113BANBURYTER
762BAKER LN
484FORTCOLLIER RD
776BAKER LN120SPAULDING DR
122SPAULDING DR
788BAKER LN
503FORTCOLLIER RD
124SPAULDING DR
126SPAULDING DR
128SPAULDING DR
906BAKER LN
130SPAULDING DR
134SPAULDING DR
110EARLY DR
STRATFORD DRBAKER LNFORT
C
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Application
Parcels
Sewer and Water Service Area
B2 (General Business District)
B3 (Industrial Transition District)
M1 (Light Industrial District)
RP (Residential Performance District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 10, 2021
Winchester BAKER LNFORT COLLIER RDBERRYVILLE AVE
GRE
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0 210 420105 Feet
REZ # 05 - 21: Paula O. HenryPIN: 54 - A - 97URezoning from B2 to B3Zoning Map
REZ #05-21
8
Winchester
54 A 97U
706BAKER LN
150WESTVIRGINIA
146WESTVIRGINIA
140WESTVIRGINIA
136WESTVIRGINIA 130WESTVIRGINIA
126WESTVIRGINIA
102COVINGTON LN
122WEST VIRGINIA
104COVINGTON LN
106COVINGTON LN
100COVINGTON LN
105COVINGTON LN
101COVINGTON LN
103COVINGTON LN
728BAKER LN
535FORTCOLLIER RD
101BANBURYTER
742BAKER LN
105BANBURYTER
107BANBURYTER
750BAKER LN
113BANBURYTER
762BAKER LN
484FORTCOLLIER RD
776BAKER LN120SPAULDING DR
122SPAULDING DR
788BAKER LN
503FORTCOLLIER RD
124SPAULDING DR
126SPAULDING DR
128SPAULDING DR
906BAKER LN
130SPAULDING DR
134SPAULDING DR
110EARLY DR
S T R A T F O R D DRBAKER LNFORT COLLIER RD
Application
Parcels
Sewer and Water Service Area µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 10, 2021
Winchester BAKER LNFORT COLLIER RDBERRYVILLE AVE
GREEN ST
BATTLE AVEBUTLER AVEROSS STIMBODEN DR
BANBURY TERSTRATFORD DRATWELL AVECOVINGTON LN CHATHAM SQDINKLE DR
§¨¦81
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REZ # 05 - 21: Paula O. HenryPIN: 54 - A - 97URezoning from B2 to B3Location Map
REZ #0 5-21
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Winchester
54 A 97U
706BAKER LN
150WESTVIRGINIA
146WESTVIRGINIA
140WESTVIRGINIA
136WESTVIRGINIA 130WESTVIRGINIA
126WESTVIRGINIA
102COVINGTON LN
122WEST VIRGINIA
104COVINGTON LN
106COVINGTON LN
100COVINGTON LN
105COVINGTON LN
101COVINGTON LN
103COVINGTON LN
728BAKER LN
535FORTCOLLIER RD
101BANBURYTER
742BAKER LN
105BANBURYTER
107BANBURYTER
750BAKER LN
113BANBURYTER
762BAKER LN
484FORTCOLLIER RD
776BAKER LN120SPAULDING DR
122SPAULDING DR
788BAKER LN
503FORTCOLLIER RD
124SPAULDING DR
126SPAULDING DR
128SPAULDING DR
906BAKER LN
130SPAULDING DR
134SPAULDING DR
110EARLY DR
S T R A T F O R D DRBAKER LNFORT COLLIER RD
Application
Parcels
Sewer and Water Service Area
Long Range Land Use
Residential
Business
Industrial µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: November 10, 2021
Winchester BAKER LNFORT COLLIER RDBERRYVILLE AVE
GREEN ST
BATTLE AVEBUTLER AVEROSS STIMBODEN DR
BANBURY TERSTRATFORD DRATWELL AVECOVINGTON LN CHATHAM SQDINKLE DR
§¨¦81
¬«7
0 210 420105 Feet
REZ # 05 - 21: Paula O. HenryPIN: 54 - A - 97URezoning from B2 to B3Long Range Land Use Map
REZ #0 5-21
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Rezoning Comments
Frederick County Attorney
Mail to: Hand deliver to:
Frederick County Attorney Frederick County Attorney
Co. Administration Bldg., 3 rd Floor
107 North Kent Street
Co. Administration Bldg., 3 rd Floor
107 North Kent Street
Winchester, Virginia 22601 Winchester, Virginia
(540)665-6383
' -····-· - ····---·--.. ------··-··-"'···-.. ·-·--·· ····---··--------· .. _,___··-·- -··-···-------·--···· •. . .......... --- -
Applicant: Please fill out the information as accurately as possible in order to assist the County
Attorney's office with their review. Attach a copy of your application form, location map, proffer
1 statement, impact analysis, and any other pertinent information.
Applicant's Name: Pennoni Associates, Inc. Telephone: 540-771-2087
Mailing Address: 117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Location of property: At the intersection of Stratford Dr and Fort Collier Rd,
approx. 1,700 LF north of Route 7 Berryville Pike
Current zoning: _8_2 ___ _ Zoning requested: _B_3 ____ _
County Attorney's Comments:
Assistant County Attorney's
Acreage: _8_.2 __
Signature &Date:-------------------------------
Notice to County Attorney -Please Return This Form to the Applicant
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Planning Commission
Agenda Item Detail
Meeting Date: December 15, 2021
Agenda Section: Public Hearings
Title: Conditional Use Permit #13-21 for Upper Valley Estate, LLC - (Mr. Cheran)
Attachments:
PC12-15-21CUP13-21_Redacted.pdf
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CONDITIONAL USE PERMIT #13-21
Upper Valley Estate LLC-Trailer Storage
Staff Report for the Planning Commission
Prepared: December 6, 2021
Staff Contact: Mark R. Cheran, Zoning Administrator
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 request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 12/15//21 Pending
Board of Supervisors: 01/12/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to allow for a tractor truck and tractor truck
trailer parking facility on three parcels. The site is located between Crown Lane and Welltown
Road, approximately 300’ north of the intersection of Martinsburg Pike and Welltown Road,
adjacent to and south of the Winchester & Western Railroad in the Stonewall Magisterial
District. The subject properties are currently zoned M1 (Light Industrial) District; The
Comprehensive Plan identifies these properties with a future commercial land use designation
which is inconsistent with the existing zoning of the site.
Should the Planning Commission find this use to be appropriate, Staff would suggest the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted to and approved by Frederick County prior to the
establishment of this use. The site plan shall meet the requirements of the Frederick County
Zoning Ordinance Section 165-204.24 Tractor truck and tractor truck trailer parking.
3. Parcels 43-A-51, 43-2-B and 43-3-E shall be consolidated prior to site plan approval.
4. Access to Welltown Road (Route 661) shall be prohibited; furthermore, the existing entrance
on Welltown Road shall be closed. Access to this site shall only occur via Crown Lane.
5. Any expansion or modification of this use will require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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CUP #13-21, Upper Valley Estate LLC
December 6, 2021
LOCATION: The subject properties are located between Crown Lane and Welltown Road,
approximately 300’ north of the intersection of Martinsburg Pike and Welltown Road, adjacent
to and south of the Winchester & Western Railroad.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43-A-51, 43-2-B and 43-3-E
PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial)
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Vacant
South: B2 (General Business) / M1 (Light Industrial) Use: Vacant/Business
East: B2 (General Business) Use: Business
West: M1 (Light Industrial) Use: Industrial/Vacant
PROPOSED USE: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor
truck trailer parking facility on three parcels.
REVIEW EVALUATIONS:
Virginia Department of Transportation: Please see email from Timothy Rhodes, VDOT Land
Development Engineer dated April 6, 2021.
Frederick County Inspections: No comments for trailer parking.
Frederick County Public Works: A detailed site plan including stormwater management plan
and erosion and sediment control plan shall be submitted and approved prior to any land
disturbance permit being issued. Plans shall comply with County Code Chapter 143.
1. Major overhead power lines will need to be moved prior to developing project if they are
to be impacted.
2. There are existing downstream drainage issues so the stormwater management plan shall
address these issues.
Frederick County Fire Marshall: Approved
Frederick Water: The subject parcel is in the SWSA. Frederick Water will provide comments
at the site plan submission. That said, here are some things for you to consider when preparing
the site plan:
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CUP #13-21, Upper Valley Estate LLC
December 6, 2021
1. Show existing 3” pvc force main per a field locate
2. Show existing FCSA/FW easement(s) as well as other if applicable including DB/PG or
instrument number
3. SWM pond 2 appear to be over or close to the existing force main and the SWM pond
needs to be relocated off the easement
4. Test pits to confirm minimum 3’ cover shall be performed per Frederick Water
inspector’s requirements
5. Propose means for protecting existing 3” pvc force main from heavy truck traffic
Planning and Zoning:
The Comprehensive Plan
The Comprehensive Plan of Frederick County is a guide for making decisions regarding land use
actions. The Northeast Land Use Plan (“Area Plan”) of the Comprehensive Plan identifies these
properties with a future commercial land use designation which is inconsistent with the existing
zoning of the site.
The Zoning Ordinance
The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking
facilities as a conditional use in the M1 (Light Industrial) Zoning District.
The Zoning Ordinance contains supplementary use regulations that apply to tractor truck and
tractor truck trailer parking facilities as follows:
• All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a
gravel or paved surface.
• All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud,
gravel or the like is not distributed onto roadways.
• No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be
parked or stored on the site.
• Fuel sales shall not be permitted.
• Maintenance of trucks and trailers shall not be permitted.
• Facilities shall be required to landscape the yard area within the front setback to provide
for a double row of evergreen trees that are staggered and planted a maximum of 12 feet
on center. The side and rear yards shall be planted with a single row of evergreen trees
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CUP #13-21, Upper Valley Estate LLC
December 6, 2021
that are planted a maximum of 40 feet on center. All trees shall be a minimum of four
feet in height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
• A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
Proposed Use
This proposed tractor truck and tractor truck trailer parking facility would be located on three
parcels that total 3.4 acres. The site would consist of eighty-five (85) truck parking spaces with a
gravel surface. The site includes a 50-foot zoning district buffer along the adjacent B2 zoned
properties to the south/west; a double row of evergreen trees would be required along Welltown
Road and Crown Lane and a single row along the rear of the site.
Transportation:
The concept plan submitted with this application identifies access to this site via a right-in
entrance on Welltown Road and an entrance on Crown Lane. VDOT has indicated that this
entrance would require further vetting and therefore is not currently approved by VDOT. With
this application, while the Applicant has depicted access to Welltown Road, Staff has included a
condition prohibiting this access and requiring the closure. The closure of this entrance will ease
any future stacking, turning actions, and uses on Welltown Road. The use of an entrance on
Crown Lane would require trucks to utilize the signalized intersection of Crown Lane and
Martinsburg Pike to access the site.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
63
£¤11
43 3 E
43 2 B
43 A 51
1461MARTINSBURGPIKE
200KINGSPANWAY
1544MARTINSBURGPIKE
1574MARTINSBURGPIKE
1511MARTINSBURGPIKE
1521MARTINSBURGPIKE
125WELLTOWN RD
160CENTURY LN
1571MARTINSBURGPIKE
1593MARTINSBURGPIKE
1601MARTINSBURGPIKE
118MERCEDES CT
161MCGHEE RD
130CENTURY LN
121MERCEDES CT
151MCGHEE RD
205MCGHEE RD
AMOCO LN
M ARTINSBURG
PIKEC
R
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Sewer and Water Service A rea
Parcels
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B3 (Industr ial Transition District)
M1 (Light Industrial District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 23, 2021LENOIR DRMARTINSBURG PIKEREDBUD RDMCGHEE RD
WELLTOWN RDAMOCO LN
KINGSPAN WAY
PRECISION DRCENTURY LN
¬«37
§¨¦81
§¨¦81
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CUP # 13 - 21: Upper Valley Estate, LLCPINs: 43 - 2 - B, 43 - 3 - E, 43 - A - 51Tractor Truck Trailer Storage LotZoning Map
CUP #13-21
CUP #13-21
CUP #13-21
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£¤11
43 3 E
43 2 B
43 A 51
1461MARTINSBURGPIKE
200KINGSPANWAY
1544MARTINSBURGPIKE
1574MARTINSBURGPIKE
1511MARTINSBURGPIKE
1521MARTINSBURGPIKE
125WELLTOWN RD
160CENTURY LN
1571MARTINSBURGPIKE
1593MARTINSBURGPIKE
1601MARTINSBURGPIKE
118MERCEDES CT
161MCGHEE RD
130CENTURY LN
121MERCEDES CT
151MCGHEE RD
205MCGHEE RD
AMOCO LN
M ARTINSBURG
PIKEC
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Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 23, 2021LENOIR DRMARTINSBURG PIKEREDBUD RDMCGHEE RD
WELLTOWN RDAMOCO LN
KINGSPAN WAY
PRECISION DRCENTURY LN
¬«37
§¨¦81
§¨¦81
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0 200 400100 Feet
£¤11
CUP # 13 - 21: Upper Valley Estate, LLCPINs: 43 - 2 - B, 43 - 3 - E, 43 - A - 51Tractor Truck Trailer Storage LotLocation Map
CUP #13-21
CUP #13-21
CUP #13-21
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Planning Commission
Agenda Item Detail
Meeting Date: December 15, 2021
Agenda Section: Other
Title: Current Planning Applications
Attachments:
98