PC 06-15-22 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.May 18, 2022 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #03-22 for Christina Boyer - Continuation of
Public Hearing from June 1, 2022, meeting - (Mr. Cheran)
Continuation of public hearing from June 1, 2022, meeting. Submitted for a dog-
kennel/boarding. The property is located at 409 Brill Road, Star Tannery, Virginia. The
property is identified with Property Identification Number 69-5-1-7 in the Back Creek
Magisterial District.
6.B.Rezoning #03-22 for One Logistics Park, L.P. - (Mr. Bishop)
Submitted to rezone 3.16+/- acres from the R4 (Residential Planned Community)
District to the M1 (Light Industrial) District with proffers. The property is 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 is identified by
AGENDA
PLANNING COMMISSION
WEDNESDAY, JUNE 15, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC06-15-22MinutesMay18.pdf
PC06-15-22CUP03-22_Redacted.pdf
1
Property Identification Number 64-A-83B.
6.C.Conditional Use Permit #04-22 for Justin Boyce - (Mr. Klein)
Submitted for the establishment of a slaughterhouse on +/- 110.89-acres of RA (Rural
Areas) zoned property. The subject property is located at 160 Flickertail Lane, Star
Tannery, Virginia 22654 and is identified with Property Identification Number (PIN) 69-
A-50 in the Back Creek Magisterial District.
6.D.Conditional Use Permit #05-22 for SPBJJ, LLC - (Mr. Cheran)
Submitted for the establishment of an indoor recreation facility. The subject property is
located at 210 Fort Collier Road, Winchester and is identified with Property
Identification Number (PIN) 54-A-81C in the Stonewall Magisterial District.
7.Other
7.A.Current Planning Applications
8.Adjourn
PC06-15-22REZ03-22_Redacted.pdf
PC06-15-22CUP04-22_Redacted.pdf
PC06-15-22CUP05-22_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Meeting Minutes
Title: May 18, 2022 Meeting Minutes
Attachments:
PC06-15-22MinutesMay18.pdf
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Frederick County Planning Commission Page 3918
Minutes of May 18, 2022
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 May 18, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A.
Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Betsy
Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro
District; Jason Aikens, Gainesboro District; Kathleen Dawson, Red Bud District; Roderick B. Williams,
County Attorney.
ABSENT: Charles Markert, Red Bud District; Elizabeth D. Kozel, Shawnee District; Robert S. Molden,
Opequon District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director Transportation;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the May 18, 2022 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Jewell 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 Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel,
the Planning Commission unanimously adopted the minutes from the March 16, 2022 meeting.
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Frederick County Planning Commission Page 3919
Minutes of May 18, 2022
COMMITTEES
Comprehensive Plans and Programs Committee – Mtg. 05/09/22
Commissioner Triplett reported, Committee members were presented a packet provided
by Brenda Fristoe expressing concerns about a potential future quarry expansion at Carmeuse. He
continued, discussions of the NELUP were focused on Transportation and the mix use industrial office
future land use designation. It was decided that the Committee would request a presentation from the
EDA in order to better understand their perspective on target businesses and ensure viable properties are
available for economic development.
City of Winchester – Mtg. 05/17/22
Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the
Commission recommended approval of a CUP to convert ground floor nonresidential use to residential
use at 208 S. Loudoun St.; an ordinance to rezone 2.59 acres at 1570 commerce Street was tabled for one
month; and a site plan greenspace waiver and administrative authorization for 186 N. Loudoun Street was
approved.
Board of Supervisors
Supervisor Ludwig reported the Board of Supervisors has wrapped up a majority of the
budget and continue to work through things. He shared, at a work session the Board of Supervisors
received a briefing from Wyatt Pearson, Director of Planning and Development, on the FY23 Planning
Department work plan.
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CITIZEN COMMENTS
Chairman Jewell 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 Jewell closed the public comments portion of the meeting.
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Frederick County Planning Commission Page 3920
Minutes of May 18, 2022
PUBLIC HEARING
Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and
Conditional Uses in Planned Development District.
Revisions to Chapter 165 – Zoning Ordinance to clarify, amend, and remove requirements
contained in general provisions, supplementary use regulations, regulations for specific uses, and
design standards, as follows:
Ordinance Amendment – Protection of Environmental Features; Chapter 165 – Zoning Article II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 –
Supplementary Use Regulations §165-201.08 Protection of Environmental Features:
Wyatt G. Pearson, Director, reported this is a proposed amendment to expand the
allowance for additional disturbance of steep slopes beyond the Zoning Ordinance standard (25%). The
Zoning Ordinance (§165-201.09) currently permits the Zoning Administrator to allow the disturbance of
additional small areas where the disturbance will alleviate potential health and safety problems and will
not significantly impact the overall environmental quality of the site.
Off-Street Parking; Chapter 165 – Zoning Article II Supplementary use Regulations; Parking; Buffers;
and Regulations for Specific Uses Part 202 – Off-Street Parking, Loading and Access §165-202.01 Off-
Street Parking; Parking Lots.
Wyatt G. Pearson, Director, reported this is a proposed amendment to modify the
requirement for off-street parking spaces for single-family attached/townhome (SFA/TH) dwelling units
to 2.5 off-street spaces per unit. The Zoning Ordinance requires two (2) off-street parking spaces are
required for all single-family dwellings an mobile homes regardless of housing type (§165-202.01 &
§165-402.09). This standard has been insufficient for townhome communities where the off-street
parking requirement is met with one (1) garage space and one (1) driveway space. Typically, in
townhome communities there is limited or no on-street parking (due to driveway spacing and private road
widths) and limited (if any) off-street visitor parking spaces as off-street visitor parking is not presently
required by the ordinance.
Conditional Uses in the R4 and R5 Zoning Districts; Chapter 165 – Zoning Article V Planned
Development Districts Part 501 – R4 Residential Planned Community District §165-501.04 Conditional
Uses; Part 502 – R5 Residential Recreational Community District §165-502.05 Conditional Uses.
Wyatt G. Pearson, Director, reported this is a proposed amendment to clarify the uses
permissible with a conditional use permit in the Residential Planned Community (R4) and Residential
Recreational Community (R5) Zoning Districts. Per §165-501.04 of the Zoning Ordinance, the R4
District as currently worded does not require a conditional use permit be applied for to operate any use
listed as a conditional use in the Zoning Ordinance. Additionally, the R5 District does not currently
indicate any allowance for conditional uses. Conditional use permits for the R5 has been interpreted to
follow the conditional uses specified in the Residential Performance (RP) District, which is consistent
with how the permitted uses in the R5 District are indicated.
Chairman Jewell 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 Jewell closed the public
comment portion of the hearing.
Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff
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Frederick County Planning Commission Page 3921
Minutes of May 18, 2022
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of an Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and Conditional
Uses in Planned Development District. Revisions to Chapter 165 – Zoning Ordinance to clarify, amend,
and remove requirements contained in general provisions, supplementary use regulations, regulations for
specific uses, and design standards
(Note: Commissioner Molden, Commissioner Kozel, and Commissioner Markert were absent from the
meeting)
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ACTION ITEM
Rezoning #01-22 Snowden Bridge Station (Proffer Modification) submitted by K & J Investments,
L.C., North Stephenson, Inc., and Holtzman Properties, LLC to amend the proffers associated with
Rezoning #04-16. The properties are located on the southeastern side of Martinisburg Pike (Route
11)and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are
identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-
A-151A, and 43-A-151B.
Action – Recommend Approval
Commissioner Brumback would abstain from all discussion on this item for a possible
conflict of interest.
John A. Bishop, Assistant Director Transportation, reported this proffer amendment seeks
to amend proffers in order to allow greater trip generation to accommodate a Gas Station/Convenience
Store use by exempting parcel 43-(A)-150 from the trip generation cap of 6,303 that was previously
imposed on the overall site. Based upon the stated desired use and the applicant’s documentation this
would increase the traffic generation of the parcels in question to 9,011 vehicles per day. The properties
are located on the easter side of Martinsburg Pike (Route 11), western side of the CSX rail corridor,
northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Mr. Bishop shared a
location map of the proposed properties as well as a localized zoning map. He continued, with this
rezoning, the Applicant is requesting a number of changes to the proffers:
•Amendment to allow trips from 43-(A)-150 to not be counted against the by-right
cap of 6,303 vehicle trips per day on the remaining parcels.
o a. – Allow construction by owners of parcel 43-(A)-150 of a right
in/right out entrance on to Snowden Bridge Blvd with final design and
location to be approved by Frederick County and VDOT
o f. – Proffer for owners of parcel 43-(A)-150 to contribute $100,000
towards interchange upgrades
o h. – Proffers participation in intersection improvements at the
intersection of future Ezra Lane and Snowden Bridge Blvd
Mr. Bishop displayed a visual of the proffer revisions in regards to the roads. He noted,
this Application has been approved by VDOT since the last meeting in March 2022.
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Frederick County Planning Commission Page 3922
Minutes of May 18, 2022
Commissioner Brannon requested clarification regarding the right in/right out. Mr.
Bishop explained, that is a right in only and they will use the internal collector roads to come out to the
intersection that going to be built. Commissioner Orndoff asked if anything was decided about the round-
about or the amount contributed to it in the future. Mr. Bishop commented the language on the specific
improvement is vague and there is also language that deals with how the Applicant will determine their
share; the proffers are for the whole parcel, it will be determined between the them and the other owne rs.
Upon motion made by Commissioner Orndoff and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #01-22 Snowden Bridge Station (Proffer Modification) submitted by K & J Investments,
L.C., North Stephenson, Inc., and Holtzman Properties, LLC to amend the proffers associated with
Rezoning #04-16. The properties are located on the southeastern side of Martinisburg Pike (Route 11)
and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified
by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A, and
43-A-151B.
(Note: Commissioner Molden, Commissioner Kozel, and Commissioner Markert were absent from the
meeting)
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OTHER
Wyatt G. Pearson, Director, share, a site plan for Frederick County Parks and Recreation
(pickle ball court at Clearbrook Park) has been approved; a site plan for Timber Ridge School Vocational
Building has been approved; and the June CPPC meeting will be canceled. There will be a CPPC
meeting in July with the EDA present; in the meantime, Staff is going to try to platform a survey to go to
the residents of the NELUP.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas adjourn the meeting. This motion was seconded by Commissioner Orndoff and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #03-22 for Christina Boyer - Continuation of Public
Hearing from June 1, 2022, meeting - (Mr. Cheran)
Attachments:
PC06-15-22CUP03-22_Redacted.pdf
9
CONDITIONAL USE PERMIT #03-22
CHRISTINA BOYER – DOG KENNEL, BOARDING
Staff Report for the Planning Commission
Prepared: June 3, 2022
Staff Contact: Mark 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: 06/01/22 Public Hearing Open
Planning Commission 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Christina Boyer for a dog kennel for
boarding. Should the Planning Commission find this application for a dog kennel with boarding
to be appropriate, Staff recommends that the following conditions be attached to the CUP.
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding and training of dogs.
3. No more than six (6) dogs not owned by the applicant shall be permitted on the property at
any given time.
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 9:00 a.m. to 8:00 p.m.
8. Any expansion or modification of this use will require the approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors
10
Page 2
CUP #03-22, Christina Boyer
June 3, 2022
LOCATION: This property is located at 409 Brill Road, Star Tannery, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69-5-1-7
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This application is for a dog kennel for boarding.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 603 (Brill Road), the VDOT facility
providing access to the property. The existing entrance, on Route 603, is adequate for the
proposed use. Should the use ever expand in the future, the entrance will need to be reviewed to
determine if additional improvements may be required.
Winchester-Frederick County Health Department: Please see the attached letter from Jim
Davis, Environmental Health Supervisor dated April 5, 2022.
Frederick County Fire and Rescue: Approved
Frederick County Inspections: A building permit is required for the CUP. Interior boarding of
less than 5 canines. Interior training for less than 5 canines. Buildings, none proposed at this
time, will be required to comply with The Virginia Building Code at the time of construction.
Future exterior building structures may require a permit. Public restroom facilities shall be
provided in new facility.
Frederick County Public Works: We offer no comments at this time.
11
Page 3
CUP #03-22, Christina Boyer
June 3, 2022
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District
with an approved Conditional Use Permit (CUP). This proposed use will take place on a 5.00 +/-
acre parcel; surrounded by properties that are zoned RA. The Comprehensive Plan of Frederick
County provides guidance when considering any land use actions. This property is located
within the Senseny Eastern Frederick County Long Range Land Use Plan; the area where this
property is located is outside the UDA and SWSA and is intended to remain rural in nature. It
appears that this CUP meets the intent of the goals of the Comprehensive Plan of Frederick
County.
The Applicant proposes to board dogs within the residential for a daily rate. The dog training
will take place as a two (2) week camp with the dog staying within the residential dwelling. The
dog receives two (2) one-on-one formal training sessions per day. These training sessions will
be by appointment only. The pet setting has a three (3) dog’s maximum and is by drop-off and
pick-up by appointment only. The kennel operation is solely appointment based between the
hours of 9:00 am to 8:00 pm. There will be no employees with this kennel. There will be no add
buildings with this use. This kennel will be operated with in residential dwelling. The number of
clients will be no more than ten (10) per month.
The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle
or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning
Ordinance requires that kennels be subject to additional performance standards to mitigate
negative impacts to adjoining residential properties. These standards include: all dogs are to be
confined within a secure structure and the installation of a Category C Buffer. The
properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District,
with the nearest residential dwelling being approximately 1,000 feet to the west, 200 feet to the
north, 800 feet to the east and 104 feet to south from this proposed kennel. The southern property
is owned by the Applicant. The property of this kennel is surrounded by natural woodlands. This
kennel use will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per
the Zoning Ordinance, all dogs must be confined indoors, except for when they are walked or
exercised within the fenced area. Dogs will not be let outdoors prior to 8:00 a.m. and must be
confined indoors by 9:00 p.m.
STAFF CONCLUSIONS FOR THE 06/01/22 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding and training of dogs.
12
Page 4
CUP #03-22, Christina Boyer
June 3, 2022
3. No more than six (6) dogs not owned by the applicant shall be permitted on the property at
any given time.
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 9:00 a.m. to 8:00 p.m.
8. Any expansion or modification of this use will require the approval of a new CUP.
PLANNING COMMISSION SUMMARY AND ACTION FROM 06/01/22 MEETING:
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
13
69 5 1 7
450BRILL RD
501BRILL RD
451BRILL RD
221TANNERYHILLS LN
431BRILL RD
220TANNERYHILLS LN
391BRILL RD
315BRILL RD
287BRILL RD
255BRILL RD
BRILL RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 9, 2022
Star Tannery
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WARDENSVILLE PIKE
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CUP # 03 - 22: Christina BoyerPIN: 69 - 5 - 1 - 7Dog Boarding KennelZoning Map
CUP #03-22
14
69 5 1 7
450BRILL RD
501BRILL RD
451BRILL RD
221TANNERYHILLS LN
431BRILL RD
220TANNERYHILLS LN
391BRILL RD
315BRILL RD
287BRILL RD
255BRILL RD
BRILL RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 9, 2022
Star Tannery
BRI
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RDS P IF E R R D
WARDENSVILLE PIKE
¬«55
0 250 500125 Feet
CUP # 03 - 22: Christina BoyerPIN: 69 - 5 - 1 - 7Dog Boarding KennelLocation Map
CUP #03-22
15
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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Public Hearings
Title: Rezoning #03-22 for One Logistics Park, L.P. - (Mr. Bishop)
Attachments:
PC06-15-22REZ03-22_Redacted.pdf
28
1
REZONING 03-22 ONE LOGISTICS PARK L.P.
REZONING APPLICATION #03-22
ONE LOGISTICS PARK L.P.
Staff Report for the Board of Supervisors
Prepared: June 7, 2022
Staff Contacts: John A. Bishop, AICP, Assistant Director
Reviewed Action
Planning Commission: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the M1 (Light Industrial) District with proffers.
LOCATION: The property is 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 06/15/2022
PLANNING COMMISSION MEETING;
The subject property is part of the original Carpers Valley/Governors Hill Rezoning which was
approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #01-21 which rezoned the surrounding
277.16 acres to a mix of M1 (Light Industrial) and B2 (General Business) zoning with a total of 264.7
acres of M1 (Light Industrial) and 12.5 acres of B2 (General Business) . This action left the subject
parcel surrounded entirely by M1 zoned property. The applicant has since purchased the subject
property and is requesting that it be rezoned to M1 to match the surrounding property.
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the
Comprehensive Plan. The Plan identifies this property 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 noted that
the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect
at the time of the original rezoning approval; the plan was later updated to show the residential 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 residential use of the subject parcel 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.
29
2
REZONING 03-22 ONE LOGISTICS PARK L.P.
Rezoning #01-21 has previously proffered to complete Coverstone Drive to Millwood Pike among a
number of other transportation proffers. This application seeks to apply the proffers from Rezoning
#01-21 verbatim and in their entirety to this parcel. This results in no additional developmental square
footage or trip generation beyond what was previously approved in Rezoning #01-21.
Following the required public hearing, 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.
30
3
REZONING 03-22 ONE LOGISTICS PARK L.P.
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: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the M1 (Light Industrial) District with proffers.
LOCATION: The property is 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-83B
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use Vacant
South: M1 (Light Industrial) Use Vacant
East: M1 (Light Industrial)
Use Vacant
West: M1 (Light Industrial)
Use Vacant
31
4
REZONING 03-22 ONE LOGISTICS PARK L.P.
REVIEW EVALUATIONS:
Due to the fact that the applicant is applying the proffers of Rezoning #01-21 in their entirety to
the subject parcel, resulting in no changes to transportation or other infrastructure or additional
enabled square footage, staff has not required the applicant to seek additional agency comments.
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 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 the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Land Use
The Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide
guidance on the future development of this property. The site is located within the limits of the
Sewer and Water Service Area (SWSA). The Plan identifies this property with a
commercial/transition and residential land use designation which is consistent with the current
zoning; therefore, the requested M1 (Light Industrial) District is generally inconsistent with the
Comprehensive Plan. It should be noted that the entire site was previously designated for
commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning
approval; the plan was later updated to show the residential zoning approved in 2005.
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
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REZONING 03-22 ONE LOGISTICS PARK L.P.
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.
3) Potential Impacts:
Due to the fact that this property proposes to adopt the proffers from Rezoning #01-21 for this
parcel in their entirety and that those proffers limit development to specific square footage
caps, there is no additional impact created by the rezoning of this parcel.
4) Proffers:
The proposed proffers associated with this rezoning application are as follows. As noted previously,
these proffers are identical to the proffers of Rezoning #01-21 for the surrounding properties.
Proffer Statement:
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
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REZONING 03-22 ONE LOGISTICS PARK L.P.
site plan or road plan.
2.2. The Owners shall design, construct, and dedicate Coverstone Drive as an urban four-lane
divided collector road with turn lanes as warranted within an approximate 102' right-of-
way in accord with the phasing schedule referenced below. The Owners may at their
option also build this road ahead of the requirements of the phasing schedule.
PHASE 1: Phase 1 shall consist of the full urban four-lane divided collector road
section, including a ten-foot shared-use asphalt trail, from Millwood
Pike to the south boundary of Land Bay 3, as depicted on the GDP. This
roadway shall be bonded and constructed to a minimum base asphalt
prior to issuance of a certificate of occupancy for any building within
Land Bays 3 or 4. 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 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 the south boundary of Land Bay 3 to the
Pendleton Drive intersection as depicted on the GDP, including a
shared-use asphalt trail on the east side of this roadway. Phase 2
roadway improvements shall provide additional access to Land Bay 4
and shall be completed prior to issuance of a certificate of occupancy for
any use on Land Bays 5 through 8. This two-lane Phase 2 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.
Phase 3 roadway improvements shall be completed prior to issuance of a
certificate of occupancy for any use on Land Bays 1 or 2 and or no later
than issuance of the certificate of occupancy for new construction on the
Property that exceeds 1,600,000 square feet. This two-lane Phase 3 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.
PHASE 4: Phase 4 shall consist of construction of the remaining two-lanes of the full
urban four-lane divided section of Coverstone Drive previously
constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to
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REZONING 03-22 ONE LOGISTICS PARK L.P.
the existing Coverstone Drive connection at 1080 Coverstone Drive (TM
64-A-87A) as depicted on the GDP. Phase 4 roadway improvements
shall be completed prior to issuance of a certificate of occupancy for any
new construction on the Property that exceeds 2,000,000 square feet.
2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of
Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed
10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on
Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full
construction of Coverstone Drive as an ultimate full urban four lane section from
Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone
Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The
term “Heavy Vehicle” shall be defined as per FHWA Classification Type 4 or higher (6
tires, or multi-axle vehicle). In order to ensure compliance with this Proffer 2.3, the
Owners shall provide a vehicle classification count to Frederick County, including Heavy
Vehicle counts, not later six months after the issuance of the first certificate of
occupancy for new construction on the Property in either Land Bays 1 and 2 or any new
construction that yields a minimum cumulative aggregate of 1,600,000 square feet of
new construction on the Property.
2.4. The Owners 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 an approximate 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.
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 the residentially zoned
parcel identified as TM 64-A-83B. The Owners shall maintain an access easement for
this residential driveway until such time as this residentially zoned parcel is rezoned for
non-residential uses. If this residentially zoned parcel is 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. All 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 GDP as follows:
2.6.1. Eastern improvements shall consist of improvements at the intersection of
Millwood Pike/Inverlee Way/Coverstone Drive and sh all be completed
coincident with the Coverstone Drive construction described in Proffer 2.2,
Phase 1, and shall consist of the following improvements:
a) Eastbound Millwood Pike right turn lane to Coverstone Drive
b) Westbound Millwood Pike dual left turns to Coverstone Drive, and
c) Northbound Coverstone Drive dual lefts to Millwood Pike
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REZONING 03-22 ONE LOGISTICS PARK L.P.
2.6.2 Western improvements shall consist of improvements at the intersection of
Prince Frederick Drive/Costello Drive and shall be completed coincident with
new construction that yields a total aggregate new construction amount on the
Property in excess of 1,600,000 square feet and shall consist of the following
improvements:
a) Northbound Prince Frederick Drive left to Costello Drive; and
b) Installation of traffic signalization at the intersection of Prince Frederick
Drive and Costello Drive, if deemed warranted by VDOT and subject to
VDOT approval.
In furtherance of this commitment, a VDOT Traffic Signalization
Agreement, attached as Exhibit 1 hereto shall be executed and submitted
to VDOT prior to the first site plan approval. Pursuant to this VDOT
Traffic Signalization Agreement, the Owners shall prepare and submit a
traffic signalization warrant study to VDOT and Frederick County to
determine whether minimum sufficient warrants exist for installation of
traffic signalization at the intersection of Prince Frederick Drive and
Costello Drive prior to issuance of the first certificate of occupancy for
new construction that yields 1,600,000 square feet of new development on
the Property. If warranted, this installation will occur once Proffer 2.2
Coverstone Drive Phase 2 and Phase 3 improvements have been
completed.
In the event that this traffic signalization warrant study shows that
minimum sufficient warrants for installation of traffic signalization at the
intersection of Prince Frederick Drive and Costello Drive are not present
at that time, the Developer shall prepare and submit a second traffic
signalization warrant study to VDOT and Frederick County to determine
whether minimum sufficient warrants exist for installation of traffic
signalization at the intersection of Prince Frederick Drive and Costello
Drive prior to issuance of the first certificate of occupancy for new
construction that yields 2,000,000 square feet in new development on the
Property.
In the event this traffic signalization is still not warranted by VDOT at that
time, the Owners will provide a cash contribution in the amount Two
Hundred Thousand Dollars ($200,000) to Frederick County for regional
roadway improvements off-site in the Millwood Pike corridor as
determined by the Board of Supervisors once the VDOT Signalization
Agreement has expired and is nonrenewable. This cash contribution shall
be escalated per the Consumer Price Index (CPI-U) forward from the date
of rezoning approval.
2.6.3 Northern improvements shall consist of improvements at the intersection of
Millwood Pike and Prince Frederick Drive and shall consist of the following
improvements: Construction of an 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
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REZONING 03-22 ONE LOGISTICS PARK L.P.
the crossover and shall be completed coincident with new construction that
yields a total aggregate new construction amount on the Property in excess of
1,600,000 square feet.
2.7. The Owners’ obligations to complete the off-site transportation improvements described
in Proffer 2.6 shall be contingent upon its acquisition of the off-site right-of-way and
necessary easements required for these improvements. The Owners shall seek to acquire
all off-site right-of-way and necessary easements by private means at fair market value.
In the event the Owners are not able to acquire this needed off-site right-of-way and
necessary easements required for these proffered improvements, the Owners shall instead
provide alternative satisfaction of its proffered obligation to construct these off-site
improvements by providing a cash contribution at that time to the County for the
appraised right-of-way acquisition values of these off-site rights-of-way and the
estimated construction costs of those off-site transportation improvements it is not able to
construct for use by the County for regional roadway improvements off-site in the
Millwood Pike corridor as determined by the Board of Supervisors. The construction
cost estimate shall be subject to review and approval by the County. Thiscash
contribution shall coincide with the thresholds that triggers the off-site road improvement
as identified in Proffer 2.6.
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.
3. PEDESTRIAN TRAIL SYSTEM
3.1. The Owners 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, 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. Cash contributions to support Frederick County fire and rescue services in the amount of
One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial
building area shall be paid by the Owners to the County at time of issuances of
certificates 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
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REZONING 03-22 ONE LOGISTICS PARK L.P.
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 Owners shall provide an additional 50’ to the Road Efficiency Buffer for the portion
of the site within Phase A as depicted on the GDP.
Following the required public hearing, 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.
38
£¤50
64 A 83B
1652MILLWOODPIKE
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MILLWOOD
PIKE
Application
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B2 (General Business District)
M1 (Light Industrial District)
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REZ # 03 - 22: One Logistics ParkPIN: 64 - A - 83BRezoning from R4 to M1Zoning Map
REZ #03-22
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64 A 83B
1652MILLWOODPIKE
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Application
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Sewer and Water Service A reaLong R ange Land Use
Urban Center
Mixed-Use
Airport S upport Area
High-Density Residential, 12-16 u/a µ
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REZ #03-22
40
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64 A 83B
1652MILLWOODPIKE
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REZ # 03 - 22: One Logistics ParkPIN: 64 - A - 83BRezoning from R4 to M1Location Map
REZ #03-22
41
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FUTURE AIRPORT EXPANSION
FUTURE AIRPORT EXPANSIONINVERLEE WAYWINCHESTER REGIONAL AIRPORT
EXISTING
M1 - LIGHT INDUSTRIAL DISTRICT
(±264.72 AC)
EXISTING
B2
GENERAL BUSINESS
DISTRICT
(±12.5 AC)LIMITS OF
APPLICATION
(TYP.)
PROPOSED
M1 - LIGHT INDUSTRIAL DISTRICT
(±3.16 AC)
COVERSTONE DRIVE
(PER APPROVED RZ# 01-21)
PENDLETON DRIVE
(PER APPROVED RZ#
01-21)
TREE 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
(PER APPROVED RZ# 01-21)
150' INACTIVE LANDSCAPE
ROAD EFFICIENCY BUFFER
(PER APPROVED RZ# 01-21)
TREE SAVE
AREA (TYP.)
PHASE A
±134.67 AC
PHASE B
±145.71 AC
LAND BAY
NUMBER
(TYP.)
APPROX. LAND BAY
LIMITS (TYP.)
100' INACTIVE LANDSCAPE
ROAD EFFICIENCY BUFFER
(PER APPROVED RZ# 01-21)
100' INACTIVE LANDSCAPE
ROAD EFFICIENCY BUFFER
(PER APPROVED RZ# 01-21)
LIMITS OF
APPROVED RZ# 01-21
(TYP.)
LIMITS OF
APPROVED RZ# 01-21
(TYP.)
LIMITS OF
APPROVED RZ# 01-21
(TYP.)
JN 3088-0103
ONE LOGISTICS PARK WINCHESTER
G:\PROJECT\PLANN\3088\0103\EXHIBITS\06 - REZONING APPLICATION EXHIBITS\3088-0201_L_GDP_PR_RZ_MEARKLE.DWG
03.15.2022 4501 Daly DriveChantilly, VA 20151Phone: 703-263-1900www.gordon.us.com
PROGRAMMING AND PLANNING
CIVIL ENGINEERING
LANDSCAPE ARCHITECTURESURVEY AND MAPPINGSECURITY CONSULTING
GENERALIZED DEVELOPMENT PLAN
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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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #04-22 for Justin Boyce - (Mr. Klein)
Attachments:
PC06-15-22CUP04-22_Redacted.pdf
85
CONDITIONAL USE PERMIT #04-22
JUSTIN BOYCE – SLAUGHTERHOUSE
Staff Report for the Planning Commission
Prepared: June 1, 2022: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide
information to the Planning Commission and to 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: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Justin Boyce for the establishment of a
slaughterhouse (commercial) on +/- 110.89-acres of RA (Rural Areas) zoned property. Should
the Planning Commission find this application be appropriate, Staff recommends that the
following conditions be attached to the CUP:
1. All review agency comments provided during the review of this application shall be
complied with at all times.
2. An engineered minor 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 §165-204.17 of the Frederick County
Zoning Ordinance.
3. The on-site commercial sale of meat and poultry is prohibited.
4. Any expansion or modification of this land use will require the approval of a new CUP.
Following the requisite 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 #04-22, Justin Boyce
June 1, 2022
LOCATION: This property located a half-mile north of Wardensville Grade (Route 608),
immediately west of and bounded by Richard Lane (Route 790) at 160 Flickertail Lane, Star
Tannery, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69-A-50
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Forested/Vacant
South: RA (Rural Areas Use: Agricultural/Forested/Vacant Residential
East: RA (Rural Areas) Use: Residential/Agricultural/Forested
West: RA (Rural Areas) Use: Agricultural/Forested/Vacant
PROPOSED USE: This application is to enable the establishment of a 4,800 square foot (SF)
slaughterhouse (commercial) on +/- 110.89-acres of property zoned RA (Rural Areas) zoning
district.
REVIEW EVALUATIONS:
Planning and Zoning
Proposal, Site Layout & Access
This application proposes a 4,800 square foot (SF; 60-feet (FT) by 80-FT) commercial
slaughterhouse facility (structure) on a +/- 110.89-acre farm to process up to 50 animals per
week. The applicant also proposes three (3) 10-FT by 10-FT freestanding freezer units next to
the main facility. A preliminary sketch plan has been included with the application.
The application notes that the processing of animals will be either animals raised directly on
owner’s farm or animals brought to the property by others farm operators. Up to three (3)
employees will be involved in the slaughterhouse operations. The applicant has further stated
that solid waste disposal off-property from slaughterhouse operations will be managed by Valley
Proteins (or another waste disposal vendor). No onsite sale of meat is proposed.
Existing and proposed access to the site is provided from Richard Lane (Route 790) via a private
driveway (Flickertail Lane). The application does not propose any improvements to the private
driveway or connection to Richards Lane.
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CUP #04-22, Justin Boyce
June 1, 2022
The subject property also includes an existing barn, two (2) agricultural outbuildings (sheds) and
a residence owned by the Boyce family.
Zoning Ordinance Conformance
The Frederick County Zoning Ordinance allows for “slaughterhouses” as a conditional use in the
RA (Rural Areas) Zoning District. The Zoning Ordinance prescribes the following additional
regulations for specific uses (§165-204.17):
A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or
establishment where animals or fowl, dead or alive, are processed or where food or feed
is manufactured or processed, unless such place or establishment is maintained and
operated in a clean and sanitary manner at all times.
B. Such establishments shall be so constructed and maintained as to effectively control the
entrance of insects and rodents. The doors, windows and other openings thereof shall be
fitted with screen doors and wire window screens of not coarser than fourteen-gauge
mesh.
C. The word "slaughterhouse," as used in this section, shall not be construed to prohibit
persons who are actually farmers from killing their own cattle, sheep, swine, goats and
fowl for their own family use.
D. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of
100 feet from all property lines.
E. Total building(s) square footage should not exceed 20,000 square feet (SF).
F. All operations must be under roof and screened from view from adjoining properties and
public streets.
G. Additional buffering and screening may be required as specified the Zoning
Administrator.
The conditional use permit request (and preliminary sketch plan) generally meets the above
requirements. A site plan submission (Condition #2) will also be required if the CUP is
approved.
Comprehensive Plan Conformance
The Comprehensive Plan of Frederick County (“Comprehensive Plan”) is a guide for making
decisions regarding land use actions. The subject property is not part of any area plan. The
planned land use for the subject property is identified as “rural” and the proposed conditional use
“slaughterhouse” is consistent with the current and future land use designation.
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CUP #04-22, Justin Boyce
June 1, 2022
Virginia Department of Transportation: We have completed our review of the request with
the following comment. The exhibit identifies that access to the property will be via Flickertail
Lane, which is a private road. As such, VDOT has no additional comments.
Please see the attached letter from Virginia Department of Transportation dated October 8,
2021.
Winchester-Frederick County Health Department: No objections provided the facility is
served by an approved onsite sewage system and the facility is USDA inspected and approved.
Please see the attached letter from Winchester-Frederick County Health Department dated
September 27, 2021.
Frederick County Fire and Rescue: Approved.
Frederick County Inspections: Building shall comply with the 2018 Virginia Construction
Code, 2018 Virginia Mechanical Code, 2018 Virginia and ANSI A117.1-2009 Accessible and
Usable Building and Facilities. Other code (2) that may apply if the building is conditioned is
the Virginia Energy Code 2018.
A building permit is required for the proposed F-1 Factory building. Facility shall meet the
height and area as required under Chapter 5 of the Virginia Building Code with applicable
increases.
A site plan shall be provided. Accessible parking shall be provided at new facility. Acc essible
route from parking area/unloading to entrance shall be provided. All required egr ess/exits shall
be Accessible per ANSI A117.1-09. Walking surface shall meet ANSI A117.1-09 for surface
gaps/edges. Maximum slope of accessible route and walkway is 5%. Maximum slope of parking
and unloading is 2%. Handicap Van Parking is required. Minimum width for parking and
unloading. Accessible parking signage for van shall include $500 fine. See USBC Section
1106.8 for Van accessible signage.
Mechanical air change shall be provided as required per Virginia Mechanical Code.
Public restroom facilities shall be provided in the new facility.
An Approved private water/sewage system shall be installed and shall be approved by the
Virginia Department of Health. Plumbing shall meet all the requirements of the Virginia
Plumbing Code.
Meat Processing facility shall be approved by the Virginia Department of Agriculture, Meat and
Poultry Division.
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CUP #04-22, Justin Boyce
June 1, 2022
Please note the requirements in Chapter 17 of Virginia Building Code for special inspection
requirements on the type of structure (Soils, concrete, etc.) Compaction/soil bearing/soil testing
shall be required for placement of new store.
Please see the attached letter from Mark Fleet, Building Official dated October 15, 2021.
STAFF CONCLUSIONS FOR THE 06/15/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for Justin Boyce for the establishment of a
slaughterhouse on +/- 110.89-acres of RA (Rural Areas) zoned property. Should the Planning
Commission find this application be appropriate, Staff recommends that the following conditions
be attached to the CUP:
1. All review agency comments provided during the review of this application shall be
complied with at all times.
2. An engineered minor 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 §165-204.17 of the Frederick County
Zoning Ordinance.
3. The on-site commercial sale of meat and poultry is prohibited.
4. Any expansion or modification of this land use will require the approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
90
GR EAT NORTH MOU NTAINWILDERNESS AREASubdivision
69 A 50
391FLICKERTAIL LN
6240WARDENSVILLE GR 181RICHARD LN
375FLICKERTAIL LN
402RICHARD LN
440RICHARD LN
470RICHARD LN
540RICHARD LN 540RICHARD LN
504HEISHMAN LN
R
I
CH
AR
D
L
NFLICKERTAIL LNApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 13, 2022WARDENSVIL LE GRN PIFER RDFERRET LN
RICHARD LNC O PPER H EAD LNC
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DUCK RUN LN
¬«55
0 670 1,340335 Feet
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CUP # 04 - 22: Justin BoycePIN: 69 - A - 50Commercial Slaughter FacilityZoning Map
CUP #04-22
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GR EAT NORTH MOU NTAINWILDERNESS AREASubdivision
69 A 50
391FLICKERTAIL LN
6240WARDENSVILLE GR 181RICHARD LN
375FLICKERTAIL LN
402RICHARD LN
440RICHARD LN
470RICHARD LN
540RICHARD LN 540RICHARD LN
504HEISHMAN LN
R
I
CH
AR
D
L
NFLICKERTAIL LNApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 13, 2022WARDENSVIL LE GRN PIFER RDFERRET LN
RICHARD LNC O PPER H EAD LNC
A
P
O
N S
P
RIN
G
S T
R
L
DUCK RUN LN
¬«55
0 670 1,340335 Feet
HAMPSHIRECOUNTY
CUP # 04 - 22: Justin BoycePIN: 69 - A - 50Commercial Slaughter FacilityLocation Map
CUP #04-22
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We have completed our review of the request with the following comment. The exhibit identifies that access to the property will be via Flickertail Lane, which is a private road. As such, VDOT has no additional comments.101
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5/11/22, 3:50 PM Untitled Page
https://fctaxes.co.frederick.va.us/Applications/TR_Paytaxes/REDetail.aspx?MACCT=8021743 1/1
Frederick Home Frederick County Virginia LIFE AT THE TOP
Pay/Lookup Taxes
Real Estate Ticket Detail
2022 REAL ESTATE
Dept/Ticket#RE2022 / 38870002 Frequency 2 Supplement#0
Name BOYCE JUSTIN D Map#69 A 50 Account#8021743
Name 2 BOYCE REBECCA L Bill Date 12/06/2022 Acreage 110.890
Address 160 FLICKERTAIL LN Due Date 12/05/2022 Improvements $189,800.00
STAR TANNERY VA Desc 110.89 ACRES Land Value $303,200.00
Land Use $66,100.00
Zip 22654 1909 Minerals $0.00
Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 12/06/2022
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$780.49 $0.00 $780.49 $0.00 $0.00 $780.49
Transaction History
Date Type Transaction#Amount Balance
12/6/2022 Charge 0 $780.49 $780.49
Previous
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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #05-22 for SPBJJ, LLC - (Mr. Cheran)
Attachments:
PC06-15-22CUP05-22_Redacted.pdf
107
CONDITIONAL USE PERMIT #05-22
SPBJJ, LLC–COMMERCIAL INDOOR RECREATION FACILITY
Staff Report for the Planning Commission
Prepared: June 1, 2022
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and to 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: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for SPBJJ, LLC for the establishment of an
indoor recreation on 1.89+/-acres of M1 (Light Industrial) zoned property. Should the Planning
Commission find this application be appropriate, Staff recommends that the following conditions
be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation will be 6:00 a.m. – 9:00 p.m. Monday-Friday and Saturday-Sunday 10:00
a.m.-1:00 p.m.
3. No more than nine (9) employees with this use.
4. A shared parking agreement shall be submitted to and approved by Frederick County prior to
the use of the property as a Commercial Indoor Recreation Facility.
5. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite 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 #05-22, SPBJJ, LLC
June 1, 2022
LOCATION: This property located at 210 Fort Collier Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-81C
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Vacant
South: M1 (Light Industrial) Use: Public Use
East: M1 (Light Industrial) Use: Warehouse
West: M1 (Light Industrial) Use: Vacant
PROPOSED USE: This application is to enable the establishment of a commercial indoor
recreation use.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1322 (Fort Collier Road), the VDOT
facility providing access to the property. The existing entrance, on Route 1322, is adequate for
the proposed use. Should the use ever expand in the future, the entrance will need to be
reviewed, to determine if additional improvements may be required.
Please see the attached letter from Virginia Department of Transportation dated May 10, 2022.
Winchester-Frederick County Health Department: Building connected to public utilities. No
comments or objections.
Please see the attached letter from Winchester-Frederick County Health Department dated April
27, 2022.
Frederick County Fire and Rescue: Approved.
Please see the attached letter from Frederick County Fire and Rescue dated May 3, 2022.
Frederick County Inspections: Building shall comply with the Virginia Statewide Building
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CUP #05-22, SPBJJ, LLC
June 1, 2022
Code and Section 303, use group A-Assembly (or Business, Section 304, if less than 50 people)
of the International Building Code/2015. Other codes that apply are ICC/ANSI A117.1-2009
Accessible and Usable Building and Facilities and International Energy Code.
Asbestos inspection is required on structures built prior to 1985 for any alterations.
A building permit is required to change the use from existing warehouse/factor to B-Business use
group, martial arts training.
Plumbing fixtures shall be provided as required per T2901 based on occupant loading. Required.
Accessible features shall be provided on the accessible level.
20% ANSI rule applies. An accessible route shall be provided from the accessible parking to the
accessible main entrance. An accessible route shall be provided inside to the main function.
Handicap parking shall comply with ANSI A117.1-09. A minimum of one van accessible space
is required per 1106.5 IBC 09. Van accessible parking shall have a minimum of 11’ width with
5’ unloading area or a minimum of 8’ unloading area with an 8’ width per Section 502 ANSI.
Maximum 2% slope required for parking and unload. 60% of all entrances shall be accessible.
All required exists shall be accessible. Accessible parging signage for van shall included $500.00
fine. See USBC Section 1106.8. Signs requires a building permit.
Please see the attached letter from Mark Fleet, Building Official dated April 27, 2022.
Frederick County Public Works We offer no comments.
Please see the attached letter from Joe C. Wilder, Director dated May 4, 2022.
Frederick Water: No comments at this time.
Please see the attached letter dated April 27, 2022.
Planning and Zoning
Comprehensive Plan Conformance: The property is within the Sewer Water Service Area
(SWSA) and Urban Development Area (UDA) as noted within the Comprehensive Policy Plan
the property is surrounded by other M1 (Light Industrial) zoned properties. The Comprehensive
Plan identifies this area of the County as industrial within the Northeast Land Use (NELUP) and
is to remain industrial in nature.
The Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the
M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). The
properties immediately adjacent to this proposed CUP are currently zoned M1 (Light Industrial)
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CUP #05-22, SPBJJ, LLC
June 1, 2022
Zoning District. The zoning ordinance requires that any proposed commercial indoor recreation
facilities be subject to additional performance standards to promote safety to the patrons and
mitigate any negative impacts with the M1 Zoning District where the use will operate.
This proposed use will be conducted within 5.000 sq. ft. space of the 16,000 sq. ft. building with
access from Fort Collier Road (Route 1322). The use will be for a martial arts gym in the
evenings and on weekends. The hours operation will be from 6 a.m.-10 a.m. and 5 p.m.-9 p.m.
daily. Weekend hours will be 10 a.m.-1 p.m. This use will have nine (9) employees. Class size
will be 15-30 students. Prior to operation of this gym the applicant This property has an
approved site plan that meets the requirements of Section §165-204.29 of the Frederick County
Zoning Ordinance, with regards to safe pick-up and delivery areas for patrons. However, the
property only has a total of fifty-four (54) parking spaces. This commercial indoor recreation
use will require a total of twenty (20) parking spaces based on the square footage of the building.
The Applicant will need to engage an adjoining property owner to execute a shared parking
agreement. This agreement will have to allow for the use of ten (10) additional parking spaces.
This will allow the Applicant to meet the parking requirements. This agreement shall be in place
prior to operation of this CUP.
STAFF CONCLUSIONS FOR THE 06/15/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for SPBJJ, LLC for the establishment of a
commercial indoor recreation facility on 1.89+/-acres of M1 (Light Industrial) zoned property.
Should the Planning Commission find this application be appropriate, Staff recommends that the
following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operations will be 6:00 a.m.-9:00 p.m. Monday-Friday and Saturday-Sunday
10:00 a.m.-1:00 p.m.
3. No more than nine (9) employees with this use.
4. A shared parking agreement shall be submitted to and approved by Frederick County
prior to the use of the property as a Commercial Indoor Recreation Facility.
5. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
111
54 A 81C
860SMITHFIELDAVE
828SMITHFIELDAVE
212FORTCOLLIER RD
214FORTCOLLIER RD
150FORTCOLLIER RD
120FORTCOLLIER RD
Application
Sewer and Water Service A rea
Parcels
M1 (Light Industrial District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 23, 2022
Winchester
BROOKE RD
BAKER LNFORT COLLIER RDSMITHFIELD AVEBRICK KILN RDN KENT STMUSE DRN LOUDOUN STHAMPTON CT
0 100 20050 Feet
CUP # 05 - 22: SPBJJ, LLCPIN: 54 - A - 81CIndoor RecreationZoning Map
CUP #05-22
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54 A 81C
860SMITHFIELDAVE
828SMITHFIELDAVE
212FORTCOLLIER RD
214FORTCOLLIER RD
150FORTCOLLIER RD
120FORTCOLLIER RD
Application
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 23, 2022
Winchester
BROOKE RD
BAKER LNFORT COLLIER RDSMITHFIELD AVEBRICK KILN RDN KENT STMUSE DRN LOUDOUN STHAMPTON CT
0 100 20050 Feet
CUP # 05 - 22: SPBJJ, LLCPIN: 54 - A - 81CIndoor RecreationLocation Map
CUP #05-22
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Planning Commission
Agenda Item Detail
Meeting Date: June 15, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
132