PC 09-21-22 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.August 17, 2022 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Rezoning #08-22 of Metromont - (Mr. Klein)
Submitted to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas)
District to the M2 (Industrial General District) with proffers and +/- 24.72-acres (south
parcel, PIN 54-A-11) from the B2 (General Business) District to the M2 District with
proffers for a total of 44.72-acres. The proposed rezoning seeks to enable the
expansion of an existing/adjoining industrial manufacturing operation in the Stonewall
Magisterial District.
6.B.Conditional Use Permit #06-22 for Kimerly Henry - (Mr. Cheran)
Submitted to construct a 180-foot monopole type communication tower. The property is
located and fronts Fort Collier Road, back side is Baker Lane and is adjacent and north
of the Winchester Eagles Club, Winchester, Virginia and is identified with Property
Identification Number 54-A-97F in the Stonewall Magisterial District.
AGENDA
PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 21, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC09-21-22MinutesAugust17.pdf
PC09-21-22REZ08-22_Redacted.pdf
1
6.C.Conditional Use Permit #07-22 for Open Door Kidz Daycare - (Mrs.
Peloquin)
Submitted for a Daycare Facility. The property is at 281 Jeremiah Lane, Clearbrook,
Virginia and is identified with Property Identification Number 33-A-123A in the Stonewall
Magisterial District.
7.Action Item
7.A.Rezoning #07-22 for Renaissance 65, LLC & Renaissance 35, LLC - (Mr.
Klein)
This is a proposed rezoning to amend the proffer statement approved with REZ #04-17
(Carbaugh Business Center). The proposed minor proffer amendment seeks to remove
the restriction on the number of entrances allowed from future Renaissance Drive.
8.Other
8.A.Current Planning Applications
9.Adjourn
PC09-21-22CUP06-22_Redacted.pdf
PC09-21-22CUP07-22 _Redacted.pdf
PC09-21-22REZ07-22_Redacted.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Meeting Minutes
Title: August 17, 2022 Meeting Minutes
Attachments:
PC09-21-22MinutesAugust17.pdf
3
Frederick County Planning Commission Page 3959
Minutes of August 17, 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 August 17, 2022.
PRESENT: John F. Jewell, Chairman; Robert S. Molden, Opequon District; William A. Orndoff,
Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D.
Kozel, Shawnee District; Betsy Brumback, Back Creek District; Charles E. Triplett, Gainesboro District;
Jason Aikens, Gainesboro District; Kathleen Dawson, Red Bud District; Charles Markert, Red Bud
District; Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Mollie Brannon, Back Creek District.
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the August 17, 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 Kerns and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Aikens and seconded by Commissioner Orndoff,
the Planning Commission unanimously adopted the minutes from the June 15, 2022 and July 20, 2022
meetings.
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Frederick County Planning Commission Page 3960
Minutes of August 17, 2022
COMMITTEES
City of Winchester – Mtg. 08/16/22 and 08/17/22
Commissioner Ray, Winchester City Planning Commission Liaison, reported the
Commission recommended to City Council approval of a 35 unit townhouse subdivision at the former
WINC studio site at 520 N. Pleasant Valley Road; recommended approval of the rezoning of 22.66 acres
at Crossover Boulevard from CM-1 to Residential Office RO-1 with proffers, passage of this
recommendation followed considerable discussion about the lack of affordable housing among the 331
units proposed. He continued, the Commission consulted with the Zoning Administrator and
recommended waiving the Overhead Door Orientation requirements that would be imposed at 324 N.
Cameron Street.
Board of Supervisors – Mtg.
Wyatt G. Pearson, Director, reported on behalf of the Board of Supervisors Liaison, the
Board gave a status update on the public radio system project. He shared, several Finance Committee
projects were approved such as: the amphitheater behind Bowman Library; supplementary funding for
the expansion of the Gore convenience center; and the airport terminal project. He continued, the
ordinance for back yard chickens was denied and short term lodging ordinance amendment was approved
to move forward to public hearing and the Board specifically asked that Staff advertise the two scenarios
as it relates to whether or not the are going to be allowed on private roads and easements. He concluded
the Board also approved a rezoning for 84 Lumber.
Committees Announcement
Chairman Jewell shared, William Orndoff has been appointed to the CPPC and Charles
Triplett has been appointed to the DRRC.
-------------
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.
-------------
PUBLIC HEARING
Ordinance Amendment – Monetary Guarantee - Revision to Chapter 143 Stormwater/Erosion and
Sediment, Chapter 144 Subdivision of Land, and Chapter 165 Zoning Ordinance to codify the
County’s adopted Monetary Guaranty and Performance Agreement Policy, ensuring the monetary
5
Frederick County Planning Commission Page 3961
Minutes of August 17, 2022
guaranties and performance agreements for various land development process within Frederick
County are reviewed, and approved in conformance with the adopted policy.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported these are proposed amendments to Chapter 143-
Stormwater/Erosion and Sediment Control, Chapter 144 – Subdivision of Land and Chapter 165 – Zoning
to codify the County’s adopted Monetary Guaranty and Performance Agreement policy. The Board of
Supervisors adopted the Monetary Guaranty and Performance Agreement policy on May 25, 2022. He
continued, Monetary Guaranties are required for public and certain other physical improvements as
shown upon subdivision plats, site plans, or other documents. Mr. Klein explained, improvements may
include, road, curb, gutter, sidewalk, trails, storm drainage, traffic signalization and control, landscaping,
erosion and sediment control, and any other site-related improvements required by Frederick County
Ordinances for vehicular ingress and egress, for public access roadways, for structures necessary to insure
stability of critical slopes, and for stormwater management facilities.
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 Aikens and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Ordinance Amendment – Monetary Guarantee - Revision to Chapter 143 Stormwater/Erosion and
Sediment, Chapter 144 Subdivision of Land, and Chapter 165 Zoning Ordinance to codify the County’s
adopted Monetary Guaranty and Performance Agreement Policy, ensuring the monetary guaranties and
performance agreements for various land development process within Frederick County are reviewed, and
approved in conformance with the adopted policy.
(Note: Commissioner Thomas and Commissioner Brannon were absent from the meeting)
INFORMATION/DISCUSSION
Eric Lawrence, Frederick Water’s Executive Director, presented to the Planning
Commission an overview of Frederick Water. Although created by the Frederick County Board of
Supervisors in 1967 under the Virginia Water and Waste Authorities Act, Frederick Water operates
independently of Frederick County. Frederick Water’s water and sewer customers fund its operations and
new development funds and constructs capital infrastructure needs. Frederick Water does not receive
taxpayer funding from the Frederick County Government. He continued, Frederick Water utilizes the
County’s Comprehensive Plan land use designations and SWSA boundaries to project water and sewer
demands and locations to be served. Current efforts are underway to update Frederick Water’s Sanitary
Sewer Master Plan and the County’s Comprehensive Plan will be a significant contributor to ascertain
projected sewer demands, and wastewater collection and treatment capacity requirements. Frederick
Water has a 10-year Capital Improvement Plan to program and budget for projected infrastructure
improvements necessary to serve the projected demands of the Sewer and Water Service Area.
Mr. Lawrence provided an update on Frederick Water’s most significant infrastructure
initiative in many years: The conversion of a 1.7 billion gallon abandoned quarry into a raw water
reservoir, and the construction of an adjacent 9 million gallon a day water treatment plant named the
Henry F. Sliwinski Water Treatment Plant. Utilizing a highly efficient Pall membrane water filtration and
6
Frederick County Planning Commission Page 3962
Minutes of August 17, 2022
treatment process, the Sliwinski Water Treatment Plant will position Frederick Water to meet the
community’s projected water service requirements for future generations. The agreement between
Frederick Water and Carmeuse provides Frederick Water with access to nearly 4 billion gallons of quarry
reservoirs, adequate water storage to meet a years’ worth of the community’s water demands.
OTHER
Wyatt G. Pearson, Director, reported Staff will continue to offer County agencies the
opportunity to come and share a presentation of their operations. He continued, currently the Planning
Department has received the Red Bud Run Solar site plan, a rezoning for Greystone, and they are working
to set up some public participation events for the NELUP. He concluded there will be a Planning
Commission meeting on September 7, 2022.
-------------
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Orndoff adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
7
Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Public Hearings
Title: Rezoning #08-22 of Metromont - (Mr. Klein)
Attachments:
PC09-21-22REZ08-22_Redacted.pdf
8
REZONING APPLICATION #08-22
METROMONT
Staff Report for the Planning Commission
Prepared: September 12, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/21/2022 Pending
Board of Supervisors: 10/12/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING
COMMISSION MEETING:
This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to
the M2 (Industrial General) District with proffers and +/- 24.72-acres (south parcel, PIN 54-A-11) from
the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The
proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete
manufacturing and storage) in the Stonewall Magisterial District.
The following application deficiencies remain unresolved and should be further evaluated by the Planning
Commission:
Land Use Compatibility & Impact Analysis:
•The proposed zoning district, M2 (Industrial General), is intended to provide for a wide variety of
manufacturing, commercial office and heavy commercial uses, including those which may not be
compatible with nearby residential and business areas. Performance controls are used to control
potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall
be provided with safe and sufficient access. The Impact Analysis Statement specifies the owner
intends to use the properties only for “storage of finished pre-cast product awaiting delivery,
tractor truck trailer parking, and outdoor storage.” However, the proposed proffer statement does
not restrict use of the property to only those uses studied in the Impact Analysis Statement and
Traffic Study, and as proposed, the rezoning would allow for all M2 District uses contained in
§165-607.02. The application does not address impacts to local fire and rescue services. Thus, the
proposed zoning district could have a significant negative impact on adjoining residential uses in
the City of Winchester, traffic and circulation along Route 522 and Route 11, the Star Fort
property (a designated historic resource), and County services (Fire & Rescue).
Transportation, Site Access & Circulation:
•The Traffic Study and Impact Analysis Statement does not address use of Cives Lane (private
roadway) and the signalized intersection with Route 11 which also serves the existing
manufacturing facility. The application only evaluated use of existing commercial site access from
Route 522 and Stine Lane (private road) and Route 11, and use of private drives for internal
circulation. VDOT also requested closure of the existing Route 522 secondary entrance to the
facility on the southern subject property (PIN 54-A-11) in their comment letter; this request was
also not addressed in the application materials.
9
Rezoning #08-22 – Metromont
September 12, 2022
Page 2
• The Comprehensive Plan and the Eastern Frederick County Road Plan identifies a future minor
collector roadway on the south parcel (PIN 54-A-11). This was not evaluated in the application or
included on the Generalized Development Plan included with the proffer statement.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
10
Rezoning #08-22 – Metromont
September 12, 2022
Page 3
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural
Areas) District to the M2 (Industrial General District) with proffers and +/-24.72-acres (south parcel, PIN
54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72-
acres.
LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the
terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and
north of Route 522.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 54-A-11 & 43-A-22
PROPERTY ZONING: RA (Rural Areas) District
B2 (Business General) District
PRESENT USE: Vacant/Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North Parcel (PIN 43-A-22)
North: Route 37 Use: Highway
South: M2 (Industrial General) Use: Industrial/Outdoor Storage
East: M1 (Light Industrial) Use: Manufacturing
West: M2 (Light Industrial) Use: Vacant
South Parcel (PIN 54-A-11)
North: M2 (Light Industrial) Use: Industrial/Outdoor Storage
RP (Residential Performance) Vacant/Unimproved
South: RA Use: Vacant
East: City of Winchester Use: Single-Family Detached Residential
West: RA Use: Residential (SFD)
B2 (General Business) Use: Vacant
11
Rezoning #08-22 – Metromont
September 12, 2022
Page 4
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the north
parcel (PIN 43-A-22) as being zoned A-2 (Agricultural General) District. 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 original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south
parcel (PIN 54-A-11) as being zoned B2 (General Business) District.
There are not any previously approved rezonings, or other development plans, for the subject
parcels.
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 and Appendix I
of the Comprehensive Plan are the primary implementation tools and will be instrumental to the
future planning efforts of the County.
Comprehensive Plan Land Use Compatibility
The Comprehensive Plan and Northeast Land Use Plan identifies the north parcel (PIN 43-A-
22, currently zoned RA) with an “industrial” land use designation. The parcel is also within the
limits of SWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick
Land Use Plan designation for “industrial” uses as it relates to this area of the County.
The Comprehensive Plan identifies the south parcel (PIN 54-A-11, currently zoned B2) with a
“business” land use designation; the south parcel is not within the limits of any area plan. The
parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban
Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation
for “business” uses as it relates to the area of the County. However, staff notes the expansion of
the existing industrial use onto the subject property may otherwise be appropriate if potential
impacts are sufficiently mitigated.
3) Access & Transportation
The Impact Analysis Statement notes use of existing commercial site access from Route 522 and
12
Rezoning #08-22 – Metromont
September 12, 2022
Page 5
Stine Lane (private road)/Route 11, and use of private drives for internal circulation. However,
the analysis does not address use of Cives Lane (private roadway) and the signalized
intersection with Route 11 which also serves the existing manufacturing facility. Potential
traffic impacts to the network at this intersection have not been evaluated, nor have any
potential mitigation strategies been proposed. Further, the Traffic Study does not evaluate other
potential M2 (Industrial General) District uses, some of which have potential for high traffic
generation of heavy tractor trucks and trailers. The Virginia Department of Transportation also
noted in their comments a recommendation to close the existing secondary access to the facility
from Route 522.
The Comprehensive Plan and the Eastern Frederick County Road Plan also identifies a future
minor collector roadway on the south parcel (PIN 54-A-11). This planned minor collector road
runs north/northeast from Route 522 across the south parcel and connects through the existing
manufacturing facility to Route 11. This future connection was not evaluated in the application or
referenced on the Generalized Development Plan.
4) Proffer Statement & Impact Analysis
The Proffer Statement, dated August 26, 2022, does not restrict the use of the property to only
those uses reviewed/studied in the Impact Analysis Statement and Traffic Study, i.e., storage of
precast product awaiting delivery, tractor truck trailer parking and outdoor storage. The proposed
zoning district, M2 (Industrial General) District, is intended to provide for a wide variety of
manufacturing, commercial office and heavy commercial uses, including those which may not be
compatible with nearby residential and business areas. Performance controls are used to control
potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall
be provided with safe and sufficient access. The proposed rezoning, as currently proffered, would
allow for all M2 district uses contained in §165-607.02.
The analysis does not address mitigation strategies to limit the impact of any other M2 district uses
on neighboring properties and roadways that would otherwise be allowed. The Generalized
Development Plan does depict a 75-foot wide “Tree Save” area along a portion of the south
parcel’s northern boundary adjoining vacant RP (Residential Performance) zoned property and a
100-FT wide “Tree Save” area along the (eastern) boundary with existing single-family detached
residential uses in the City of Winchester. This buffer could be appropriate if the uses allowed
were limited to precast product storage, tractor truck trailer parking and outdoor storage. However,
as the proffer statement does not limit the uses to only those uses, and the buffers may be
insufficient for intensive uses that generate significant noise, odor, and dust.
The rezoning proposal and proffer statement does not address potential impacts to local fire and
rescue services.
As proposed, the requested zoning district (M2) may have a significant negative impact on
adjoining residential uses in the City of Winchester, traffic and circulation along Route 522 &
Route 11, the Star Fort property (a designated historic resource) and County services (Fire &
Rescue).
13
Rezoning #08-22 – Metromont
September 12, 2022
Page 6
Historic Resources Advisory Board:
Please see attached comments from Wyatt Pearson, AICP, Planning Director, dated July 25, 2022.
County of Frederick Attorney:
Please see attached comments from Roderick B. Williams, County Attorney dated August 22, 2022.
Frederick Water:
Please see attached comments from Eric Lawrence, Executive Director, dated August 19, 2022.
Virginia Department of Transportation:
Please see attached comments from VDOT dated August 25, 2022.
City of Winchester:
Please see attached comments from Tim Youmans, Planning Director, dated August 26, 2022.
Frederick County Public Works:
No comments.
Frederick County Fire and Rescue:
No comments.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
14
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REZ # 08 - 22: MetromontPINs: 43 - A - 22, 54 - A - 11Rezoning from RA to M2 and B2 to M2Zoning Map
REZ #08-22
REZ #08-22
15
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54 A 11
43 A 22
830N KENT ST 820N KENT ST
281BRICKKILN RD
188BROOKE RD
811SMITHFIELDAVE 828SMITHFIELD AVE
140BRICK KILN RD
200BRICKKILN RD
205BRICKKILN RD 221BRICKKILN RD
210FORTCOLLIER RD
212FORTCOLLIER RD
871N KENT ST
120FORTCOLLIER RD902N FREDERICKPIKE
916N FREDERICK PIKE 135BRICK KILN RD
259BROOKE RD
930N FREDERICKPIKE
131W BROOKE RD 209BROOKE RD
323BROOKE RD
922MARTINSBURGPIKE 186W BROOKE RD
197ELDERBERRY CT
911MARTINSBURG PIKE
140SCARLETMAPLE DR
921MARTINSBURG PIKE921MARTINSBURGPIKE
310W BROOKE RD
1039N FREDERICKPIKE 118STAR FORT DR
265W BROOKE RD
900AUTUMNVIEW LN
217STINE LN
1011PENNSYLVANIA AVE
177LEEAVE
150LEE AVE
159LEE AVE
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975MARTINSBURG PIKE
1008MARTINSBURGPIKE
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1132N FREDERICKPIKE 190LEE AVE191LEE AVE
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1177N FREDERICK PIKE
561FORTRESS DR 177STINE LN
125STINE LN
1057MARTINSBURGPIKE
990AUTUMN VIEW LN
170STINE LN
220PARKCENTER DR110LAUCK DR
514FORTRESS DR 219STINE LN 234STINE LN
1075MARTINSBURGPIKE 1086MARTINSBURGPIKE
1108MARTINSBURG PIKE
1251N FREDERICKPIKE 1184N FREDERICK PIKE
117LAUCK DR 208SENTINEL DR
1109MARTINSBURGPIKE
1126MARTINSBURGPIKE
1254N FREDERICKPIKE
1270N FREDERICKPIKE
1232N FREDERICK PIKE
1107PURCELL LN
106FORTRESS DR506FORTRESS DR
200SENTINEL DR 215SENTINEL DR
1139MARTINSBURGPIKE 1136MARTINSBURG PIKE
109FORTRESS DR
112FORTRESS DR106SENTINEL DR
414FORTRESS DR
415FORTRESS DR
411FORTRESS DR
1159MARTINSBURGPIKE 1182MARTINSBURGPIKE
1154PURCELL LN 113FORTRESS DR
108CALIBER CT
370STINE LN 1187MARTINSBURGPIKE 1196MARTINSBURGPIKE
1214MARTINSBURG PIKE 530FULLHOUSE DR
219LAUCK DR
221LAUCK DR
1170PURCELL LN
224LAUCK DR216LAUCK DR
120FORTRESS DR
101CALIBER CT 399FORTRESS DR
340STINE LN 1221MARTINSBURGPIKE
1112CARPERS DR
1130CARPERS DR 240LAUCK DR 398FORTRESS DR
210CIVES LN
210CIVES LN
1263MARTINSBURGPIKE 115FULL HOUSE DR
1336DARLINGTON DR
1332DARLINGTON DR 1150CARPERS DR
293LAUCK DR 280LAUCK DR
131FORTRESS DR
132FORTRESS DR
142FORTRESS DR
392FORTRESS DR
391FORTRESS DR
1239MARTINSBURGPIKE
1333DARLINGTON DR 1345DARLINGTON DR
1416WILLIAMS CIR 304LAUCK DR
102SALVOCIR 291FORTRESS DR
101BLACKPOWDER CT
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1305MARTINSBURGPIKE
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425LENOIR DR 403LENOIR DR
1461MARTINSBURGPIKE
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340LENOIR DR 275LENOIR DR
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200BRICKKILN RD
205BRICKKILN RD 221BRICKKILN RD
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120FORTCOLLIER RD902N FREDERICKPIKE
916N FREDERICK PIKE 135BRICK KILN RD
259BROOKE RD
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131W BROOKE RD 209BROOKE RD
323BROOKE RD
922MARTINSBURGPIKE 186W BROOKE RD
197ELDERBERRY CT
911MARTINSBURG PIKE
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921MARTINSBURG PIKE921MARTINSBURGPIKE
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1039N FREDERICKPIKE 118STAR FORT DR
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106FORTRESS DR506FORTRESS DR
200SENTINEL DR 215SENTINEL DR
1139MARTINSBURGPIKE 1136MARTINSBURG PIKE
109FORTRESS DR
112FORTRESS DR106SENTINEL DR
414FORTRESS DR
415FORTRESS DR
411FORTRESS DR
1159MARTINSBURGPIKE 1182MARTINSBURGPIKE
1154PURCELL LN 113FORTRESS DR
108CALIBER CT
370STINE LN 1187MARTINSBURGPIKE 1196MARTINSBURGPIKE
1214MARTINSBURG PIKE 530FULLHOUSE DR
219LAUCK DR
221LAUCK DR
1170PURCELL LN
224LAUCK DR216LAUCK DR
120FORTRESS DR
101CALIBER CT 399FORTRESS DR
340STINE LN 1221MARTINSBURGPIKE
1112CARPERS DR
1130CARPERS DR 240LAUCK DR 398FORTRESS DR
210CIVES LN
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1263MARTINSBURGPIKE 115FULL HOUSE DR
1336DARLINGTON DR
1332DARLINGTON DR 1150CARPERS DR
293LAUCK DR 280LAUCK DR
131FORTRESS DR
132FORTRESS DR
142FORTRESS DR
392FORTRESS DR
391FORTRESS DR
1239MARTINSBURGPIKE
1333DARLINGTON DR 1345DARLINGTON DR
1416WILLIAMS CIR 304LAUCK DR
102SALVOCIR 291FORTRESS DR
101BLACKPOWDER CT
103BLACKPOWDER CT
1413WILLIAMS PL
1425WILLIAMSCIR 1437WILLIAMSCIR 309LAUCK DR 323LAUCK DR
1305MARTINSBURGPIKE
420LENOIR DR
425LENOIR DR 403LENOIR DR
1461MARTINSBURGPIKE
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389LENOIR DR
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340LENOIR DR 275LENOIR DR
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 12, 2022
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17
PROFFER STATEMENT
REZONING: RZ# _____________
Rural Areas (RA) and General Business District (B2) to Industrial
General (M2)
PROPERTY: 44.74 Acres +/-;
Tax Map Parcels 43-A-22 and 54-A-11 (the “Properties”)
RECORD OWNERS: KSS, L.C. and Metromont LLC (collectively “Owner”)
ORIGINAL DATE
OF PROFFERS: August 26, 2022
REVISION DATE(S): _______________
The undersigned Owner hereby proffers that the use and development of the above-
referenced parcels, which are requested to be rezoned, shall be in strict conformance with the
following conditions, which shall supersede all other proffers on the Properties that may have
been made prior hereto. In the event that the above-referenced M2 conditional rezoning is not
granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null
and void. Further, these proffers are contingent upon final rezoning of the Properties with “final
rezoning” defined as that rezoning which is in effect on the day following the last day upon
which the Frederick County Board of Supervisors’ (the “Board”) decision granting the rezoning
may be contested in the appropriate court. If the Board’s decision is contested, and the Owner
elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which
has not been appealed, or, if appealed, the day following which the decision has been affirmed
on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term “Owner” as referenced
herein shall include within its meaning all future owners and successors in interest.
1. Land Use
1.1 The Properties shall be developed with industrial general land uses consistent
with the existing precast concrete manufacturing facility located on the adjoining
properties.
2. Site Development
18
2
2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
within the 100’ buffer along its southeastern property line as a screen between the
Property and the adjoining Winchester and Western railroad tracks and residential
properties in the City of Winchester, as depicted on the Generalized Development
Plan attached hereto and incorporated herein by reference as “Exhibit 1”
(“GDP”). The Owner of Tax Map No. 54-A-11 will continue to use the existing
internal access traversing the above-described area.
2.2 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature trees
along the eastern boundary of its property (75’ from the property line) as a screen
between the Property and the adjoining property owned by the Shenandoah
Valley Battlefields Foundation as depicted on the GDP.
[remainder of page intentionally left blank]
19
3
Respectfully submitted,
KSS LC
By:
Its:
STATE/COMMONWEALTH OF _________, AT LARGE
CITY/COUNTY OF ____________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2022, by _________________________, __________________ of KSS LC.
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration number:
20
4
METROMONT LLC
By:
Its:
STATE/COMMONWEALTH OF _________, AT LARGE
CITY/COUNTY OF ____________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2022, by _________________________, __________________ of METROMONT LLC.
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration number:
21
PROFFER STATEMENT
REZONING: RZ# _____________
Rural Areas (RA) and General Business District (B2) to Industrial
General (M2)
PROPERTY: 44.74 Acres +/-;
Tax Map Parcels 43-A-22 and 54-A-11 (the “Properties”)
RECORD OWNERS: KSS LC and Metromont LLC (collectively “Owner”)
ORIGINAL DATE
OF PROFFERS: ___________, 2022
REVISION DATE(S): _______________
The undersigned Owner hereby proffers that the use and development of the above-
referenced parcels, which are requested to be rezoned, shall be in strict conformance with the
following conditions, which shall supersede all other proffers on the Properties that may have
been made prior hereto. In the event that the above-referenced M2 conditional rezoning is not
granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null
and void. Further, these proffers are contingent upon final rezoning of the Properties with “final
rezoning” defined as that rezoning which is in effect on the day following the last day upon
which the Frederick County Board of Supervisors’ (the “Board”) decision granting the rezoning
may be contested in the appropriate court. If the Board’s decision is contested, and the Owner
elects not to submit development plans until such contest is resolved, the term rezoning shall
include the day following entry of a final court order affirming the decision of the Board which
has not been appealed, or, if appealed, the day following which the decision has been affirmed
on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. Any proffered conditions that would
prevent the Owner from conforming with State and/or Federal regulations shall be considered
null and void. The term “Owner” as referenced herein shall include within its meaning all future
owners and successors in interest.
1. Land Use
1.1 The Properties shall be developed with industrial general land uses consistent
with the existing precast concrete manufacturing facility located on the adjoining
properties.
2. Site Development
22
2
2.1 The Owner of Tax Map No. 54-A-11 proffers to preserve the existing mature
existing trees within the 100’ buffer along its southeastern property line as a
screen between the Property and the adjoining Winchester and Western CSX
railroad tracks and residential properties in the City of Winchester, as depicted on
the Generalized Development Plan attached hereto and incorporated herein by
reference as “Exhibit 1” (“GDP”). The Owner of Tax Map No. 54-A-11 will
continue to use the existing internal access traversing the above-described area.
2.2 The Owner of Tax Map No. 54-A-11 proffers to maintain preserve the existing
mature trees along the eastern boundary of its property (75’ from the property
line) as a screen between the Property and the adjoining property owned by the
Shenandoah Valley Battlefields Foundation as depicted on the GDP.
[remainder of page intentionally left blank]
23
3
Respectfully submitted,
KSS LC
By:
Its:
STATE/COMMONWEALTH OF _________, AT LARGE
CITY/COUNTY OF ____________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2022, by _________________________, __________________ of KSS LC.
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration number:
24
4
METROMONT LLC
By:
Its:
STATE/COMMONWEALTH OF _________, AT LARGE
CITY/COUNTY OF ____________, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________,
2022, by _________________________, __________________ of METROMONT LLC.
____________________________________
NOTARY PUBLIC
My commission expires: ______________________
Registration number:
25
METROMONT REZONING
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
Tax Parcels 54-A-11 and 43-A-22
Stonewall Magisterial District
Frederick County, Virginia
August 26, 2022
Current Owner: Metromont Corporation
KSS, LC
Contact Person: Christopher Mohn, AICP
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
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Greenway Engineering August 4, 2022 Metromont Rezoning
File #3952HB – Impact Analysis Statement
2
METROMONT REZONING
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of two parcels totaling approximately 44.72± acres to the M2,
Industrial General District. The subject property includes a 24.72±-acre parcel owned by
Metromont Corporation identified as Tax Parcel 54-A-11 (South Parcel) and a 20.00±-acre
parcel owned by KSS, L.C. identified as Tax Parcel 43-A-22 (North Parcel). The South
Parcel is adjacent and northeast of North Frederick Pike (U.S. Route 522) and immediately
west of the City of Winchester. The North Parcel is adjacent and south of VA Route 37 and
north of Stine Lane (see the Location Exhibit included with this report).
The South Parcel and North Parcel are located immediately south and north of Metromont’s
existing pre-cast concrete manufacturing facility, which occupies approximately 113.29±
acres comprised of multiple parcels. These parcels, identified as Tax Map # 54-A-12, 54-A-
13, 54-A-14, 54-A-15, 54-A-15A, are owned by Metromont Corporation and zoned M-2
District. A pre-cast concrete manufacturing facility is classified under SIC Major Group 32 -
Manufacturing of Stone, Clay, Glass and Concrete Products, which the Frederick County
Zoning Ordinance identifies as a permitted use in the M-2 District. The proposed rezoning
will enable inclusion of the subject parcels in the facility’s operations (see the Zoning Exhibit
included with this report).
The South Parcel is currently zoned B-2, Business General District, and is therefore already
entitled to develop with general commercial uses. The South Parcel is further served by an
existing full movement entrance on North Frederick Pike with dedicated right and left turn
lanes. Upon rezoning to the M-2 District, Metromont intends to use the parcel for trailer
parking and miscellaneous outdoor storage. The North Parcel is currently zoned RA, Rural
Area District. Upon rezoning to the M-2 District, Metromont plans to use the parcel for
storage of finished pre-cast concrete product awaiting delivery.
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Greenway Engineering August 4, 2022 Metromont Rezoning
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Site Information
Location: The South Parcel (Tax Map #54-A-11) fronts on
northeast side of North Frederick Pike (U.S. Route
522), immediately west of the City of Winchester. The
North Parcel (Tax Map # 43-A-22) fronts on the
southwest side of U.S. Route 37 and is north of Stine
Lane.
Magisterial District: Stonewall District
Tax Map Numbers: 54-A-11 and 43-A-22
Current Zoning: South Parcel, B-2, Business General District
North Parcel, RA, Rural Area District
Current Use: Undeveloped
Proposed Zoning: M-2, Industrial General District with proffers
Proposed Use: Concrete Manufacturing (inclusion of subject parcels in
existing Metromont facility; intended activities include
trailer parking and storage of finished pre-cast concrete
product awaiting delivery to customer sites, and will
further enable relocation of existing facility components
to improve operational efficiency)
Total Rezoning Area: 44.72±-acres with proffers
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Greenway Engineering August 4, 2022 Metromont Rezoning
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4
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial, and institutional land use development is encouraged in the County.
The entirety of the 44.72±-acre subject property is located within the UDA.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The entirety of the 44.72±-acre subject
property is located within the SWSA.
Comprehensive Plan Conformity
The Eastern Frederick County Long Range Land Use Plan applicable to the County’s Urban
Areas designates the South Parcel for future Business use. The South Parcel is not located
within the boundaries of an areas-specific land use plan and has therefore not been
considered in the context of a more focused land use study. Given the adjoining
manufacturing use as well as its proximity to rail access, the South Parcel is ideally situated
for general industrial use, and its development pursuant to the proposed M-2 District aligns
with the goals of the Frederick County Comprehensive Plan, notably by promoting the
desired ratio of commercial and industrial development to residential and other uses.
The North Parcel is located within the study area boundary of the Northeast Frederick Land
Use Plan (NELUP). The NELUP is a large-area plan that identifies land uses, transportation
networks, and other matters that are recommended for consideration for future land use and
development within this geographic area of the County. The NELUP designates the North
Parcel for future Industrial land use. The proposed rezoning to the M-2 District is therefore
in conformance with the Frederick County Comprehensive Plan.
SUITABILITY OF THE SITE
Access
Primary access to the existing Metromont facility occurs via Stine Lane from its intersection
with Martinsburg Pike (U.S. Route 11). The South Parcel fronts on the northeast side of
North Frederick Pike (U.S. Route 522), and an existing full-movement commercial entrance
provides direct vehicular access to the property. Internal access to and from the existing
manufacturing facility will occur through the extension of private service drives. The existing
North Frederick Pike entrance is currently used by trucks/tractor trailers returning from
delivery of finished pre-cast concrete product as well as local suppliers delivering aggregate
materials to the facility. Metromont envisions that the existing use of this entrance will
continue upon rezoning of the South Parcel to the M-2 District. The North Parcel fronts on
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Greenway Engineering August 4, 2022 Metromont Rezoning
File #3952HB – Impact Analysis Statement
5
the southwest side of U.S. Route 37 and is north of Stine Lane. Access to the subject property
will occur through the extension of private service drives from the existing facility.
Flood Plains
The South Parcel contains areas of floodplain per FEMA NFIP Map #51069C0208E,
Effective Date January 29, 2021. The mapped floodplain is depicted on the Natural Features
Exhibit included with this report. All such areas will be properly managed at the time of
final engineering design in accordance with applicable ordinances and regulations.
The North Parcel does not contain areas of floodplain per FEMA NFIP Map #51069C0209E
Effective Date January 29, 2021.
Wetlands
The South Parcel contains a stream and wetland areas as identified on the National Wetlands
Inventory (NWI) Map information and the Frederick County GIS Database. The mapped
stream and wetland areas are depicted on the Natural Features Exhibit included with this
report. All such areas will be properly managed at the time of final engineering design in
accordance with applicable ordinances and regulations, to include provision of the required
riparian buffer.
The North Parcel does not contain wetland areas as demonstrated on the National Wetlands
Inventory (NWI) Map information or from information identified in the Frederick County
GIS Database.
Soil Types
The North Parcel, subject property contains soil types as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil
types are present on site:
17C – Frederick Poplimento Rock 2 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
17E - Frederick Poplimento Rock 15 to 45 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
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Greenway Engineering August 4, 2022 Metromont Rezoning
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6
29 – Massanetta loam
These soils are described as having a slow filtration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or soils
moderately fine texture or fine textures. These soils have a slow rate of water transmission.
35 – Pagebrook silty clay loam
These soils are described as having a very slow infiltration rate (high runoff potential) when
wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a
high water table, soils that have a claypan or clay layer at or near the surface, and soils that
are shallow over nearly impervious material These soils have a very slow rate of water
transmission.
The South Parcel, subject property contains soil types as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil
types are present on site:
14B - Frederick Poplimento loams 2 to 7 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
14C - Frederick Poplimento loams 7 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
16B - Frederick Poplimento, very rocky loams 2 to 7 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
16B - Frederick Poplimento, very rocky loams 7 to 15 percent slopes
These soils are described as having a moderate infiltration rate when thoroughly wet. They
consist chiefly of moderately deed or deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture. These soils have a moderate rate
of water transmission.
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Greenway Engineering August 4, 2022 Metromont Rezoning
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Other Environmental Features
The South Parcel contains areas of steep slope, lakes or ponds or natural stormwater retention
areas as defined by the Frederick County Zoning Ordinance. The subject property is also
located in the geographic portion of the County that is underlain by karst geology. These
environmental features will not constrain development of future M-2 uses and will be
managed during final engineering design in accordance with all applicable ordinances and
regulations.
The North Parcel does not contain areas of steep slope, lakes or ponds or natural stormwater
retention areas as defined by the Frederick County Zoning Ordinance. However, like the
South Parcel, the subject property is located in the geographic portion of the County that is
underlain by karst geology. This environmental feature will not constrain development of
future M-2 uses and will be managed during final engineering design in accordance with all
applicable ordinances and regulations.
SURROUNDING PROPERTIES
Adjoining property zoning and present use, South Parcel (Tax Map #54-A-11):
North: M-2, Industrial General District Use: Industrial/Preserved Open Space
B2, Business General District
RP, Residential Performance District
South: B2, Business General District Use: Residential
East: LR, Low Density Residential Use: Railroad/Residential
(City of Winchester)
West: B2, Business General District Use: Undeveloped
RA, Rural Area District
Adjoining property zoning and present use, North Parcel (Tax Map #43-A-22):
North: RA, Rural Areas District Use: Residential
South: M-2, Industrial General District Use: Industrial
East: M-1, Light Industrial District Use: Industrial
West: M-2, Industrial General District Use: Undeveloped
32
Greenway Engineering August 4, 2022 Metromont Rezoning
File #3952HB – Impact Analysis Statement
8
TRANSPORTATION
The proposed rezoning will enable increased land area for operation of the existing facility,
primarily for expansion of outdoor storage and trailer parking. The additional M-2-zoned
acreage will also provide Metromont greater flexibility in the configuration of the facility’s
existing components, enabling complementary elements to be moved in proximity of each
other, which will enhance overall operational efficiency. However, the proposed rezoning
will not result in any intensification of traffic generated by the facility, as it will generally
maintain existing production capacity, employee counts, and delivery schedules, which are
ultimately driven by prevailing market conditions.
As outlined previously, primary vehicular access to the existing Metromont facility occurs
via Stine Lane, which is a private access easement road that extends to the site from its
intersection with Martinsburg Pike (U.S. Route 11). Additionally, the South Parcel has an
existing full movement entrance on North Frederick Pike (U.S. Route 522) with dedicated
right and left turn lanes, which is currently used by local suppliers for delivery of aggregate
materials to the facility as well as trucks returning to the facility following delivery of
finished product to customer locations. These existing entrances will continue to be provide
vehicular access to the facility consistent with current practices. Vehicular access between
the multiple parcels comprising the existing facility occurs via a network of internal private
travel ways, which already interconnect with the South Parcel and will be extended to the
North Parcel.
Based on the conditions described above, the proposed rezoning will not have any
measurable impact on the external road network serving the subject property.
SEWAGE CONVEYANCE AND TREATMENT
As previously stated, both the South Parcel and North Parcel are located wholly within the
Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public
sewer based on County Policy. Frederick Water is the provider of public sewer service
within this area of the County. The activities proposed by Metromont for these parcels (e.g.,
trailer parking, outdoor storage, relocation of existing facility components) does not require
new sewer connectivity.
WATER SUPPLY
As previously stated, both the South Parcel and North Parcel are located wholly within the
Sewer and Water Service Area (SWSA) and are therefore entitled to be served by public
water based on County Policy. Frederick Water is the provider of public sewer service
within this area of the County. The activities proposed by Metromont for these parcels (e.g.,
trailer parking, outdoor storage, relocation of existing facility components) does not require
new water connectivity.
33
Greenway Engineering August 4, 2022 Metromont Rezoning
File #3952HB – Impact Analysis Statement
9
SITE DRAINAGE
Topographic relief on the South Parcel generally follows a southwest to northeast pattern that
directs drainage towards the rear of the property. A complete stormwater management plan
will be designed at the time of final engineering design. All associated stormwater quantity
and quality measures will be designed in conformance with all applicable state and local
regulations; therefore, site drainage and stormwater management impacts to adjoining
properties and the community will be mitigated.
Topographic relief on the North Parcel generally follows a west to east pattern which directs
drainage towards the east side of the property. A complete stormwater management plan will
be designed at the time of final engineering design. All associated stormwater quantity and
quality measures will be designed in conformance with all applicable state and local
regulations; therefore, site drainage and stormwater management impacts to adjoining
properties and the community will be mitigated.
HISTORICAL SITES AND STRUCTURES
The South Property is indicated by Virginia Department of Historic Resources (DHR) and
Frederick County GIS records as containing a resource identified as Liberty Hall (DHR ID
034-0524). This dwelling was surveyed in 1989 (survey record attached) and is described as
an example of the Italianate style of architecture by the Rural Landmarks Survey Report of
Frederick County, Virginia (Phases I-III, 1988-1992). The dwelling itself no longer exists
on the property, as it was relocated to accommodate expansion of North Frederick Pike (U.S.
Route 522). The only structure remaining on the Liberty Hall site is a cinderblock accessory
structure, which appears to be more than 50 years old, but otherwise does not have any
historical or architectural significance.
To the northwest of the South Parcel is a preserved Civil War resource known as Star Fort
(DHR ID 034-0322) and the adjoining Star Fort 2 tract (DHR ID 034-5023). Star Fort
played a role in both the Second Battle of Winchester and Third Battle of Winchester
(Opequon) and is within the study areas of each battlefield. The site has been preserved as a
battlefield park open to the public that is owned and maintained by Shenandoah Valley
Battlefields Foundation. The site is largely wooded but has cleared areas for public
access/walking. The existing Metromont facility is in the viewshed of these resources, as are
other areas of suburban style development. As noted previously, the South Parcel is already
entitled to develop under the B-2 District, and rezoning to the M-2 District is therefore
consistent with development expectations for the area adjoining the Star Fort sites.
The South Parcel and North Parcel are located within the study areas of the Third Battle of
Winchester and Second Battle of Winchester study areas, respectively, as identified by the
National Park Service Study of Civil War Sites in the Shenandoah Valley. The South Parcel is
within the core area of the Third Battle of Winchester battlefield, and both parcels are outside
but adjacent to the core area of the Second Battle of Winchester battlefield. However, the
NPS Study indicates that the subject parcels are within portions of the study areas that have
34
Greenway Engineering August 4, 2022 Metromont Rezoning
File #3952HB – Impact Analysis Statement
10
lost historic integrity due to existing development patterns. As such, the proposed M-2
rezoning will not create any negative impacts to identified resources.
35
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Map D ata Source: Frederick County, Va. GIS Department, 2022 Data LOCATION EXHIBITSTONEWALL MAGISTERIAL DISTRICTMETROMONT CORPORATIONFREDERICK COUNTY, VIRGINIADATE: 06-22-2022PROJECT ID: 3952HBDESIGNED BY: DJCSCALE:1 Inch = 600 FeetLe gend
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Map D ata Source: Frederick County, Va. GIS Department, 2022 Data ZONING EXHIBITSTONEWALL MAGISTERIAL DISTRICTMETROMONT CORPORATIONFREDERICK COUNTY, VIRGINIADATE: 06-22-2022PROJECT ID: 3952HBDESIGNED BY: DJCSCALE:1 Inch = 600 FeetLegend
Proposed M2 Parcels
Metromont Existing M2 Parcels
Winchester Limits
Future Proposed Rt37 Bypass
Rail roads
Frederick County Zoning
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µMETROMONT CORPORATIONREZONINGZONING EXHIBITREZONING37
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Map D ata Source: Frederick County, Va. GIS Department, 2022 Data NATURAL FEATURES EXHIBITSTONEWALL MAGISTERIAL DISTRICTMETROMONT CORPORATIONFREDERICK COUNTY, VIRGINIADATE: 06-27-2022PROJECT ID: 3952HBDESIGNED BY: DJCSCALE:1 Inch = 600 FeetLegend
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Map D ata Source: Frederick County, Va. GIS Department, 2022 Data HISTORIC FEATURES EXHIBITSTONEWALL MAGISTERIAL DISTRICTMETROMONT CORPORATIONFREDERICK COUNTY, VIRGINIADATE: 06-22-2022PROJECT ID: 3952HBDESIGNED BY: DJCSCALE:1 Inch = 600 FeetLegend
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µMETROMONT CORPORATIONREZONINGHISTORIC FEATURES EXHIBITREZONING39
Kittelson & Associates, Inc.
TRANSPORTATION ASSESSMENT
Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the potential
transportation-related impacts of the proposed Metromont Corporation Rezoning in Frederick County,
Virginia. The site, located along Stine Lane, is shown in Attachment A. The existing Metromont site (Tax Map
Parcels 54-A-12, 54-A-13, 54-A-14, 54-A-15, 54-A-15A, and 54-A 17) consists of 113.29 acres of M-2 (General
Industrial) occupied by a precast concrete plant and associated storage yard.
The Applicant is looking to add additional storage to the existing concrete plant operations by rezoning
two adjacent parcels (Tax Map Parcels 54-A-11 and 43-A-22) from B2 (General Business) and RA (Rural
Area) to M2 to match the current site. These two additional parcels, which represent an additional 44.74
acres, would be used for additional storage to help improve on-site circulation. They are not intended to
expand or augment current operations, and as such, the rezoning would not result in an increased
frequency of off-site vehicular trips to the adjacent roadway network.
Additionally, no changes to site access are proposed as a part of the rezoning. The expanded site would
utilize the three existing access points on Stine Lane and US 522 (North Frederick Pike). Therefore, as
proposed as part of this rezoning, no changes are anticipated to the operational and safety performance
of the adjacent roadway network.
The subsequent sections of this memorandum provide additional information regarding the current and
proposed operations of the site.
Site Access
The existing Metromont site is served by three access points:
• One full-movement entrance on Stine Lane
• One full-movement entrance on US 522 (North Frederick Pike)
• One right-in, right-out entrance on US 522
The full-movement entrance on Stine Lane serves as the primary point of ingress and egress for employees,
incoming materials delivery, and outgoing deliveries of finished products trips. A small percentage of
employees and incoming deliveries utilize the full-movement entrance on US 522 based on the origin of
11480 Commerce Park Drive, Suite 450
Reston, VA 20191
P 703.885.8970
August 10, 2022 Project# 27884
To: Timothy Rhodes – Land Development Engineer
VDOT Edinburg Residency
14031 Old Valley Pike,
Edinburg, VA 22824
From: Andrew Butsick, P.E.; John Callow
CC: Thomas Moore Lawson, Esquire – Thomas Moore Lawson, P.C.
RE: Metromont Corporation Rezoning
40
August 10, 2022 Page 2
Metromont Corporation Rezoning Transportation Assessment
Kittelson & Associates, Inc.
their trip. All outgoing deliveries, including permitted loads through VDOT, utilize the full-movement
entrance on Stine Lane to access US 11 (Martinsburg Pike) and I-81 to the east.
With the proposed rezoning, no changes to the existing access scenario is proposed. All access for the
rezoned and existing property will remain at the existing three access points.
Site Trips and Operations
Existing trips to and from the site can be characterized in three categories:
• Employees: The existing site employs 377 workers, who are split across two shifts Monday through
Friday. Approximately 77 of these employees are temporary workers who are housed in local
hotels and carpool to and from the site.
• Raw Materials Deliveries: The site receives approximately 30 incoming deliveries of dry cement,
aggregate, and sand per day for processing in the concrete plant.
• Finished Product Deliveries: An average of 60 loads of finished product exit the site each day. The
vast majority (90 percent) of these deliveries are permitted loads regulated by VDOT.
The majority of these trips use the full-movement access on Stine Lane via US-11, while a small percentage
use the full-movement entrance on US 522. No trips currently use the right-in/right-out entrance on US 522.
As part of the rezoning, no changes to the number of employees, incoming deliveries of raw materials, or
outgoing deliveries of finished product are anticipated. Additionally, no changes to the distribution of site-
trips between the three entrances are expected. Therefore, no changes to off-site operational
performance are anticipated with the proposed rezoning.
Safety Performance
To evaluate the existing safety performance of the site entrances after the proposed rezoning, the most
recent three years of crash data (January 2019 through December 2021) was reviewed at each of the site
entrances. The crash data was obtained from VDOT’s Pathways for Planning tool (Reference 1). Figure 1
illustrates the crash types occurring within close proximity to the site entrances, while Figure 2 illustrates the
severity by intersection. Attachment B contains the crash history data obtained from the Pathways for
Planning Portal.
41
August 10, 2022 Page 3
Metromont Corporation Rezoning Transportation Assessment
Kittelson & Associates, Inc.
Figure 1. Crash History near Metromont Corporation Rezoning site (January 2019 –December 2021)
42
August 10, 2022 Page 4
Metromont Corporation Rezoning Transportation Assessment
Kittelson & Associates, Inc.
Figure 2. Crash Severity near Metromont Corporation Rezoning site (January 2019 –December 2021)
As shown, a single crash was reported at the US 11/Stine Lane intersection during the three-year study
period. The angle crash occurred between a tractor-trailer attempting a left-turn out of Stine Lane and a
northbound through vehicle on US 11. It is likely the truck exiting Stine Lane misjudged the available gap in
traffic on US 11, resulting in the property damage only crash. The crash does not appear to be related to
insufficient sight distance on the eastbound approach, as a field review of the approach illustrates ample
sight lines in either direction on US 11 given the relatively linear alignment in this segment. The Stine Lane
approach serves multiple industrial uses along Stine Lane.
A single crash was reported near the right-in/right-out entrance on US 522; however, the head-on collision
does not appear to be related to the site entrance. The injury crash occurred when a southbound
passenger vehicle crossed over the centerline and struck a northbound passenger vehicle.
No crashes were reported during the three-year study period at the full-movement entrance on US 522.
Given no increase in the frequency or nature of site-related trips are projected with the rezoning of the
Metromont Corporation site, no changes in safety performance are anticipated at the site entrances as a
result of the proposed rezoning.
Conclusions
The proposed Metromont Corporation Rezoning is not anticipated to result in any increase to trips
generated by the site or changes in site access relative to existing conditions. The rezoned parcels will serve
as additional storage for existing (not augmented or expanded) operations. As such, the existing
transportation network can adequately accommodate the proposed rezoning.
References
1. Virginia Department of Transportation. Pathways for Planning Portal. Accessed July 21, 2022:
https://vdotp4p.com/view
11
0
1
2
3
US 11/Stine Lane US 522/Full-Movement
Entrance
US 522/Right-in, Right-Out
Entrance
Fatal Injury PDO
No crashes
reported
43
DOCUMENT_NBR CRASH_DT CRASH_MILITARY_TM COLLISION_TYPE DRIVER_ACTION_TYPE_CD DRIVER_INJURYTYPE RTE_NM VEHICLE_BODY_TYPE_CD WEATHER_CONDITION LAT LON
193055255 2019-10-31 1104 3. Head On 37. Other;1. No Improper Action PDO;B R-VA US00522NB 22. Truck (SUV);22. Truck (SUV) 1. No Adverse Condition (Clear) 39.20144 -78.1642
200495313 2020-02-17 1057 2. Angle 1. No Improper Action;22. Disregarded Stop or Yield Sign PDO;PDO R-VA US00011NB 23. Truck (3 Axles or More);22. Truck (SUV) 1. No Adverse Condition (Clear) 39.20456 -78.1538
44
151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERING45
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
July 25, 2022
Thomas Moore Lawson
Thomas Moore Lawson, P.C.
P.O Box 2740
Winchester, VA 22604
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Metromont Rezoning Application
Zoning: RA (Rural Areas) District
Property Identification Numbers (PINs): 54-A-11 & 43-A-22
Magisterial District: Stonewall
Dear Mr. Lawson:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced
rezoning application during their meeting on July 19, 2022. This application seeks to rezone two
parcels of land totaling 44.74 acres with the south parcel located northeast of North Frederick Pike
(Route 522) and West of the City of Winchester, and the north parcel is adjacent and south of VA
Route 37 and north of Stine Lane. The parcels are currently zoned as RA (Rural Areas) and B2 (General
Business) and the proposed rezoning is to M2 (Industrial General District) to allow for the expansion
of the existing Metromont pre-cast concrete facility.
Following their review of this application, the HRAB recommended the applicant leave buffers along
the edge of the parcels to minimize disturbance to neighboring developments. Specifically, the HRAB
recommended the applicant consider leaving buffers along the northwestern edge of the southern
parcel (54 A 11) to provide further protections to the adjacent property and in turn Star Fort as a
historic resource.
Thank you for the opportunity to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Wyatt Pearson, AICP
Director of Planning & Development
WGP/pd
cc: Gary Crawford, HRAB Chairman
Tyler Klein, Frederick County Senior Planner
46
47
48
49
From:Eric R. Lawrence
To:Chris Mohn
Subject:Metromont Rezoning agency review comment
Date:Friday, August 19, 2022 1:57:16 PM
Chris,
Thank you for providing Frederick Water the opportunity to provide comment on the Metromont
Rezoning application, received at Frederick Water on August 11, 2022. The application seeks to
rezone two properties (PIM #43-A-22 and 54-A-11) to the Industrial General (M2) Zoning District.
The properties are located within the Sewer and Water Service Area (SWSA), and therefore by policy
may utilize Frederick Water’s public water and sewer services. The application states that
connection to and use of the water and sewer services is not required, and similarly does not
provide any water and sewer demand projections. Because the application does not require, nor
propose to, use the water and sewer services, Frederick Water provides no guarantees nor
assurances that public water and sewer services and its capacities are available for use on the
property. Should the properties elect in the future to connect to Frederick Water’s water and sewer
services, the property owner, at their costs, will need to demonstrate that adequate capacities are
available and facilitate the extension of water and sewer services to the site.
Thank you.
Eric Lawrence
50
1
Chris Mohn
From:Timothy Youmans <Timothy.Youmans@winchesterva.gov>
Sent:Friday, August 26, 2022 1:10 PM
To:Chris Mohn
Cc:David Stewart; Tyler Klein; Wyatt Pearson
Subject:RE: Metromont Rezoning - Frederick County
Chris,
I did receive the rezoning application on August 10th for City commenting and did conduct a brief review of the proposal.
I do have concerns with the rezoning given the close proximity of some low, medium and high density residentially
zoned and developed City neighborhoods in relatively close proximity to the subject tract.
I noticed in the Impact Analysis Statement that it states on p. 2 that “Metromont intends to use the parcel for trailer
parking and miscellaneous outdoor storage.” On p.3 it states that the intended activities include trailer parking and
storage of finished pre‐cast concrete product…” I also noticed that, in the Proffer Statement, it states in 1.1 “The
Properties shall be developed with industrial general land uses consistent with the existing precast concrete
manufacturing facility located on the adjoining properties.”
I don’t believe that the statements of intent contained in the Impact Analysis provide much assurance as to what could
occur on the property long term versus what the current owner intends to do.
Further, the statement of land use contained in the Proffer Statement does not appear to limit the use of the
conditionally rezoned properties to just trailer storage and outdoor storage. In that case, it would seem that there could
be unmitigated light, noise, dust and vibration impacts directly attributable to more intensive permissible precast
concrete manufacturing operations arising from this rezoning.
I believe that the proffered 100’ wide dimensional buffer and obligation to preserve the mature existing deciduous trees
within that area is a fairly effective mitigation measure if the use is limited to just trailer parking and finished product
storage (assuming that spillage of site lighting is mitigated with year‐round screening). I do not believe that it would be a
sufficient mitigation measure, especially in the months when the leaves are off of the mature deciduous trees if noisier
and perhaps taller manufacturing operations such as what appears in the two images below could be allowed.
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I would also note that mature trees do eventually die off or get destroyed during natural weather events despite best
efforts to preserve them. What mitigation measures such as installing a new evergreen buffer adjacent to the mature
deciduous buffer are proposed to ensure a perpetual qualitative buffer adjacent to the City residential neighborhoods?
One other observation with regard to the 100’ wide buffer adjacent to the CSX RR right‐of‐way that I would bring to your
attention is that there are not many mature trees within the 100’ wide swath as scaled out from GIS mapping in the
scanned map image below for the portion of the tract adjoining the homes ranging from 909‐1007 Pennsylvania Avenue
in the City. This is where an existing unimproved roadway traverses the site approximately 50’ away from the RR right‐
of‐way and thus few or no existing matures trees within about half of the proposed 100’ wide buffer area. Some of the
existing matures trees appear to be within the 60’ wide CSX right‐of‐way where Metromont would have no authority to
preserve the trees.
Lastly, I would note that the rezoning tract has extensive frontage along U.S. Rte 522 as close at 0.10 (approx. 540 linear
feet) north of where the City’s Fairmont Avenue Corridor Enhancement Overlay Zoning district is situated. The intent of
the overlay CE district as stated in the Statement of Intent at the beginning of Article 14.2 of the City Zoning Ordinance
reads:
“This overlay district is intended to protect and promote the aesthetic character and functionality of major tourist access
corridors leading into the designated local and national Historic Winchester (HW) District. Such entryways warrant
special attention and controls because they promote the general welfare of the community by attracting visitors and
generating business through heritage tourism‐based economic development. Enhancement will occur through regulation
and guidance of site development including, but not limited to: sidewalks, off‐street parking, signage, landscaping,
mechanical unit placement, lighting, as well as building materials and architectural features such as roof pitch, broken
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wall planes, façade enhancements, and porches, thereby enhancing the overall appearance of the corridor, while
improving access along the corridor through increased walkability and interconnectivity.”
While the City’s recognizes that there are no extraterritorial provisions associated with City zoning designations that
would guide adjoining stretches of these corridors into Frederick County, we would be interested to know if any
measures are being pursued to mitigate the visual aspects of the proposed land use arising from the rezoning action as
viewed from the Rte 522 public right‐of‐way in conjunction with this request beyond what might otherwise be the
minimum requirements of properties zoned M‐2 in Frederick County. I did not see under Section 2 of the proffer
statement where any exceptional buffering or enhanced screening would be called for to further mitigate visual impacts
along the property frontage.
Thanks for letting me know about your shortened timeframe for needing to submit this application to the County. I was
hoping to be able to discuss this with our City Planning Commission at the Commission’s work session on September 6th.
Given this very short deadline for commenting, I have included Wyatt Pearson and Tyler Klein from the Frederick County
Planning Department so that they have benefit of my concerns about this rezoning. I did recently have a brief
conversation with one of them about this.
I can leave a signed copy of the official Frederick County Rezoning Comment sheet out at the front desk for you to pick
up today. I will print out a copy of this email that can be attached to that form to serve as the City of Winchester
comments in the absence of time to discuss with the City Planning Commission and possibly City Council. At this point, it
is my opinion that there are potential unmitigated impacts on the existing nearby City neighborhood that are directly
attributable to the proposed rezoning of these properties.
Thank you,
Tim
Timothy A. Youmans
Planning Director
City of Winchester
15 N. Cameron Street
Winchester, VA 22601
Phone: (540) 667-1815 ext. 1415
Email: timothy.youmans@winchesterva.gov
www.winchesterva.gov/planning
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From:Timothy Rhodes <timothy.rhodes@vdot.virginia.gov>
Sent:Thursday, August 25, 2022 9:19 AM
To:John Bishop
Cc:Rhonda Funkhouser; Chris Mohn; Johnson, Joseph; Lineberry, Jeffery
Subject:Metromont Rezoning
John,
We have completed our review of the rezoning application and associated transportation assessments and traffic impact
statement, which were received in this office on August 11, 2022. While we have no major concerns with this rezoning,
it is worth pointing out that we recommended the closure of the existing, secondary partial access entrance on Rte. 522
in the June 30th email below. The Traffic Assessment prepared by Kittleson & Associates, dated August 10, 2022, is
advising this entrance will remain. Removal of this entrance is our only comment to this rezoning submittal. We
encourage the county to take this into consideration as part of this land use decision.
Please let me know if you have any questions or would like to discuss.
Thank you,
Timothy Rhodes
VDOT~Land Development Engineer
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
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From:Timothy Rhodes
To:Chris Mohn
Cc:Rhonda Funkhouser; John Bishop; Matthew Smith; Lineberry, Jeffery
Subject:Metromont Follow-Up
Date:Thursday, June 30, 2022 12:44:36 PM
Chris,
As a follow-up to Tuesday’s meeting, VDOT staff has discussed the proposal and
does not feel a full blown TIA would be needed for this rezoning. We believe a limited
scope traffic analysis would be appropriate. Some items necessary for review would
be as follows:
· Please show the difference in trip generation with the proposed rezoning.
· Please provide anticipated volumes and graphics to show the movements.
· An entrance and safety operations analysis should be provided.
· We recommend the secondary access on Rte. 522 be closed. This is the
northernmost entrance and is located within the taper limits. This location also
currently has large concrete blocks in the area of the guardrail, alongside of
the road. These blocks need to be moved away from this area, outside of the
clear zone.
Please provide this information back to me for review. If you have any questions,
please feel free to give me a call.
Thanks,
Timothy Rhodes
VDOT~Land Development Engineer
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
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XXXXXXXXXMetromont LLC: Richard H. Pennell, Jr., President; 20 Two Notch Road, Greenville, SC 29605KSS, L.C.: Katherin Solenberger; P.O. Box 1901, Winchester, VA 2260459
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Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #06-22 for Kimerly Henry - (Mr. Cheran)
Attachments:
PC09-21-22CUP06-22_Redacted.pdf
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CONDITIONAL USE PERMIT #06-22
Kimerly G. Henry Wireless Telecommunication Tower
Staff Report for the Planning Commission
Prepared: September 7, 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: 09/21/22 Pending
Board of Supervisors: 10/12/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Kimerly G. Henry to allow for the
construction of a 180-foot monopole-type commercial telecommunication tower. The subject
property is zoned B2 (General Business) District and is in the Stonewall Magisterial District.
Should the Planning Commission find this application for a wireless telecommunication tower to
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. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or the property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. 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 #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 7, 2022
LOCATION: This property fronts Fort Collier Road, back side is Baker Lane and is adjacent
and north of the Winchester Eagles Club, Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-97F
PROPERTY ZONING & PRESENT USE: Zoned: B2 (General Business) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B3 (Industrial Transition) Use: Vacant
South: B2 (General Business) Use: Fraternal Lodge
East: RP (Residential Performance) Use: Open Space
West: B2 (General Business) Use: Commercial
PROPOSED USE: This is a request for a Conditional Use Permit to allow for a 180-foot
monopole-type commercial telecommunication tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1200, (Baker Lane), the VDOT
facility providing access to the property. The current entrance to the site does not meet VDOT
criteria for a low volume commercial entrance. Once the entrance to the property is upgraded
(under VDOT Land Use Permit) to a low volume commercial entrance, VDOT could support the
CUP. Should the use expand in the future, the entrance will need to be reviewed, to determine if
additional improvements may be required.
Winchester-Frederick County Health Department: This lot is vacant. Has access to public
water and sewer. There is no septic or well. No potential encroachment with proposed tower.
No objections.
Frederick County Inspections: Please see attached comments form from Mark Fleet, Building
Official dated April 27, 2022.
Frederick County Fire Marshal: Plans approved.
Winchester Regional Airport: Please see attached letter from Nick Sabo, Executive Director
dated May 3, 2022.
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CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 7, 2022
Frederick County Public Works: No comment.
Frederick Water: No comment.
City of Winchester: No comment.
Planning and Zoning: The Comprehensive Policy Plan of Frederick County (“Comprehensive
Plan”) provides guidance when considering any land use action. This proposed 180-foot
monopole-type commercial telecommunication facility is located on a vacant 7.97 +/- acre
property that is zoned B2 (General Business) Zoning District. This property is within the Urban
Development Area (UDA) and Sewer Water Service Area (SWSA) identified within the
Comprehensive Plan; and is located within Eastern Frederick County Long Range Land Use
Plan. This area of the County is intended to remain commercial in nature.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the B2 (General Business) Zoning District with an approved Conditional Use Permit (CUP).
This proposed 180-foot monopole-type commercial telecommunication facility will be located
on property that is zoned B2. The properties adjacent to this proposed CUP are zoned B2/B3.
The nearest residential dwellings are approximately 1,000 feet to the west and east of this
property.
The zoning ordinance requires that all proposed telecommunication facilities be subject to
additional performance standards to promote orderly economic development and mitigate the
negative impacts to adjoining properties, residential properties, land use patterns, scenic areas
and properties of significant historic value.
Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The Applicant has provided an inventory of existing
telecommunication facilities and asserts that no other telecommunication facility or possible
collocation opportunity structures exist in this area.
STAFF CONCLUSIONS FOR THE 09/21/22 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for Kimerly G. Henry for the construction
of a 180-foot monopole-type commercial telecommunication tower on B2 (General Business)
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.
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CUP #06-22, Kimerly G. Henry Wireless Telecommunication Tower
September 7, 2022
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. 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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54 A 97F
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704BAKER LN
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100OLDDOMINION DR
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CUP #06-22
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Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #07-22 for Open Door Kidz Daycare - (Mrs. Peloquin)
Attachments:
PC09-21-22CUP07-22 _Redacted.pdf
106
CONDITIONAL USE PERMIT #07-22
OPEN DOOR KIDZ DAYCARE
Staff Report for the Planning Commission
Prepared: September 6, 2022
Staff Contact: Kayla Peloquin, Planner
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: 09/21/22 Pending
Board of Supervisors: 10/12/22 Pending
EXECUTIVE SUMMARY: This is a request for a day-care facility. The applicant proposes
utilizing an existing house on a 5.00 +/- acre lot for a day-care facility that is currently being
operated within the Open Door Baptist Church structure, located on an adjoining parcel. The
applicant proposes having seventy-four (74) children and thirteen (13) staff members to operate
the day-care from 7:30 a.m. to 5:30 p.m. Monday through Friday. The applicant plans to use the
existing Church entrance and driveway for day-care purposes and have vehicles loop around the
house and exit back onto Jeremiah Lane.
Should the Planning Commission find this use appropriate, staff would suggest the following
conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick
County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County
prior to establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed
50 sq. ft and not to exceed 12’ in height.
5. Any expansion or change of use will require a new CUP.
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 #07-22 Open Door Kidz Daycare
September 6, 2022
LOCATION: The property is located at 281 Jeremiah Lane, Clearbrook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-123A
PROPERTY ZONING & PRESENT USE:
Zoned: RA Land Use: Residential (vacant)
ADJOINING PROPERTY ZONING & USE:
North: B3 Use: Agriculture
South: B2 Use: Agriculture
East: N/A Use: Interstate 81
West: M1 Use: Agriculture
PROPOSED USE: Day-Care Facility
REVIEW EVALUATIONS:
Planning and Zoning: The applicant proposes utilizing an existing house on a 5.00 +/- acre lot
for a day-care facility that is currently being operated within the Open Door Baptist Church
structure, located on an adjoining parcel. The applicant proposes having seventy-four (74)
children and thirteen (13) staff members to operate the day-care from 7:30 a.m. to 5:30 p.m. The
applicant plans to use the existing Church entrance and driveway for day-care purposes and have
vehicles loop around the house and exit back onto Jeremiah Lane.
The Frederick County Zoning Ordinance defines a day-care facility as “A facility in which more
than five children and/or adults, not including persons who are related by blood, marriage or
adoption to the people who maintain the facility, are received for care, protection, and guidance
during only part of the twenty-four-hour day.” (§165-101.02). A day-care facility is permitted in
the RA (Rural Areas) zoning district with an approved Conditional Use Permit (CUP).
The Northeast Frederick Land Use Plan (NELUP), contained in Appendix I of the
Comprehensive Plan, designates this parcel as “business.” The property is located within the
Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA).
The proposed CUP is consistent with the intent of the goals of the Comprehensive Plan.
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 671 (Cedar Hill Road), the VDOT
facility providing access to the property. The existing entrance is located on this portion of the
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CUP #07-22 Open Door Kidz Daycare
September 6, 2022
road meets VDOT entrance requirements. Based on this information, VDOT can support.
Frederick-Winchester Health Department: The existing alternative onsite sewage system
connected to 281 Jeremiah Lane is designed to accommodate a 3-bedroom dwelling at 450
gallons per day. It is not designed to accommodate the proposed use. A system would need to
be able to handle 10 gallons per day per student/kid and 15-35 gallons per day per employee. An
OSE/PE should be consulted to expand the system. The proposed use would also require the
office of Drinking Water (ODW) to approve the well. You should contact ODW/Culpeper to
discuss.
Frederick County Fire and Rescue: Disapproved Plans. The following conditions shall be met
for the fire Marshal’s Office prior to issuing a Conditional Use Permit:
1. Portable Fire Extinguisher shall be installed throughout the facility.
2. Proper Fire Department access roads shall be provided as outlined in the Frederick
County Fire Prevention Code.
3. Emergency White lights shall be installed and inspected throughout the structure.
4. Egress shall be provided as outlined in the Virginia Construction Code having an EXIT
door to the NFPA 13 standards throughout.
5. A Fire Alarm system shall be installed per NFPA 72 standards.
Frederick County Inspections:
A permit for a change of occupancy will be required and shall comply with the requirements of
the 2018 Virginia Existing Building code as well as the 2018 Virginia Construction Code
Sections 305 and 308.5.1 for educational use group.
Other codes that may apply are ICC/ANSI A117.1-2009 Accessible and Usable Buildings and
Facilities, International Fire Code 2018, Virginia Energy Code 2018, Virginia Mechanical Code
and the 2018 Virginia Plumbing Code.
All required exits shall meet ANSI A117.1-09. Exits shall terminate at a public way. A detailed
fire exiting plan shall be provided with the building plans to identify the location and travel
distance to the accessible exits. New exits may need to meet ANSI A117.1-09.
An accessible route shall be provided to the facility and to the main entrance. Handicap parking
shall comply with ANSI A117.1-1-09. 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. Maximum
2% slope required for parking and unloading.
Maximum threshold at door shall not exceed ½”. Walkways shall not exceed 5% slope. Slopes
exceeding 5% shall be designed as ramps.
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CUP #07-22 Open Door Kidz Daycare
September 6, 2022
Accessible parking and unloading area shall have a striped area leading to entrance when
traveling over vehicular.
This project will require a set of plans designed by a Virginia Registered Design Professional.
Frederick Water: This address is not currently connected to Frederick Water’s facilities,
otherwise there are not additional comments.
STAFF CONCLUSIONS FOR THE 09/21/22 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick
County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County
prior to establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed
50 sq. ft and not to exceed 12’ in height.
5. Any expansion or change of use will require a new CUP.
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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Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Action Item
Title: Rezoning #07-22 for Renaissance 65, LLC & Renaissance 35, LLC - (Mr. Klein)
Attachments:
PC09-21-22REZ07-22_Redacted.pdf
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REZONING APPLICATION #07-22
RENAISSANCE 65 LC & RENAISSANCE 35 LC
Staff Report for the Planning Commission
Prepared: September 12, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/21/2022 Pending
Board of Supervisors: 09/28/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING
COMMISSION MEETING:
This is a proposed rezoning to amend the proffer statement approved with REZ #04-17 (Carbaugh
Business Center). The proposed amendment seeks to remove the restriction on the number of entrances
allowed from future Renaissance Drive. No other provisions in the previously approved proffer statement,
including approved land uses, are proposed to be amended. The 107.21-acres subject property is zoned M1
(Light Industrial) District and located in the Back Creek District.
Staff notes one (1) comment remains unresolved. After further consultation with VDOT, County staff
requested the applicant consider updating the proffer statement to further stipulate conducting traffic
counts at time of site planning and if warranted, constructing turn lanes. The applicant has not responded to
this request for additional proffer language regarding turn lanes.
This rezoning application does not require a public hearing. Following a presentation, 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 #07-22 – Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
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.
PROPOSAL: This is a proposed rezoning to amend the proffer statement approved with REZ #04-17
(Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number
of entrances allowed from future Renaissance Drive.
LOCATION: The subject properties are located south of Shady Elm Road (Route 651) and north of
the railroad.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 74-A-68 and 74-A-69
PROPERTY ZONING: M1 (Light Industrial) District
PRESENT USE: Vacant/Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential (Single-Family Detached, SFD)
South: RA (Rural Areas) Use: Vacant/Agricultural
East: M1 (Light Industrial) Use: Vacant/Unimproved
West: RA (Rural Areas) Use: Residential (SFD)
134
Rezoning #07-22 – Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the
subject properties as being zoned A-2 (Agricultural General) District. 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.
On December 13, 2017, the Board of Supervisors approved rezoning application (REZ) #04-17
(Carbaugh Business Center) which rezoned two (2) parcels totaling 107.21-acres from the RA
(Rural Areas) District to the M1 (Light Industrial) District with proffers.
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 and Appendix I
of the Comprehensive Plan are the primary implementation tools and will be instrumental to the
future planning efforts of the County.
Comprehensive Plan Land Use Compatibility
The subject properties are located within the limits of the Sewer and Water Service Area
(SWSA) and are within the limits of the Kernstown Area Plan of the 2040 Comprehensive Plan.
The Kernstown Area Plan identifies these properties with an industrial land use designation as
outlined in the “Shady Elm Economic Development Area.” The “Shady Elm Economic
Development Area” is designed to be a significant area of industrial and commercial
opportunity that is fully supportive of the County Economic Development Authority’s targeted
goals and strategies. The intent of the industrial designation is to further enhance the County’s
commercial and industrial areas and to provide focus to the County’s future regional
employment centers.
The existing zoning of the property, M1 (Light Industrial) District, is consistent with the Plan.
The proposed rezoning (proffer amendment) while altering restrictions to site access, does not
change the zoning district or approved land uses and as such remains in conformance with the
Comprehensive Plan.
3) Access & Transportation
As stipulated in the proffer statement approved with REZ #04-17, two (2) commercial entrances
135
Rezoning #07-22 – Renaissance 65 LC & Renaissance 35 LC
September 12, 2022
Page 4
are permitted from future Renaissance Drive (a future collector road). The proposed rezoning
(proffer amendment) removes the restriction on the number of entrances allowed from future
Renaissance Drive. The proffer amendment would allow the property owner to apply to and receive
VDOT approval for any number of entrances as required for industrial development of the subject
properties. Additional entrances could be necessary to ensure appropriate circulation within the
development and/or to separate tractor truck trips from passenger vehicles for employees. Entrance
permitting would occur at time of site plan review and approval. After further consultation with
VDOT, County staff requested the applicant consider updating the proffer statement to further
stipulate conducting traffic counts at time of site planning and if warranted, constructing turn lanes.
The applicant has not responded to this request for additional proffer language regarding turn lanes.
The proffer amendment would also not impact the Frederick County’s revenue share project
(design, construction, or anticipated completion) for future Renaissance Drive.
County of Frederick Attorney:
Please see attached comments from Roderick B. Williams, County Attorney dated July 15, 2022.
Virginia Department of Transportation
Please see attached comments from VDOT dated July 26, 2022.
Frederick County Fire and Rescue
Please see attached comments from the Office of the Fire Marshal, dated July 14, 2022.
This rezoning application does not require a public hearing. Following a presentation, 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.
136
SHADY ELMFARMSSubdivision
HEDGEBROOKHILLSSubdivision
74 A 69
74 A 68
507SPRINGDALE RD
634SPRINGDALE RD
834SHADYELM RD
435SPRINGDALE RD
421SPRINGDALE RD
400SPRINGDALE RD
385SPRINGDALE RD385SPRINGDALE RD
364SPRINGDALE RD 117SPRINGDALE RD
224SPRINGDALE RD
140SPRINGDALE RD222SPRINGDALE RD
4200VALLEYPIKE
970SHADYELM RD 1043SHADYELM RD 316SPRINGDALE RD
4184VALLEYPIKE
1006SHADYELM RD
4118VALLEYPIKE
983SHADYELM RD 4168VALLEYPIKE
957SHADYELM RD
125SKYJES LN
183SKYJES LN
161SKYJES LN 141SKYJES LN
121SKYJES LN
4046VALLEYPIKE
134SKYJES LN
164SKYJES LN
180SKYJES LN
138SKYJES LN 251PROSPERITY DR
201PROSPERITY DR
147HOCKMAN CT
133HOCKMAN CT
113HOCKMAN CT
553SHADYELM RD
240PROSPERITY DR
191HOCKMAN CT
171HOCKMAN CT
220PROSPERITY DR
130HOCKMAN CT
114HOCKMAN CT 210PROSPERITY DR
190HOCKMAN CT
166HOCKMAN CT 750SHADYELM RD
690SHADYELM RD
188HOCKMAN CT
100DEVELOPMENT LN
561SHADYELM RD
160INDUSTRIAL DR127SOLDIERSREST LN
225SOLDIERSREST LN
121DEVELOPMENT LN
VALLEYPIKESOLDIERS
REST LN
PROSPERITY DRNARROW LN
SKYJES LN
H
O
C
K
M
A
N CT
SHADY ELM RDSPRINGDALE RD
RENAISSANCE DR
Application
Parcels
Sewer and Water Service A rea
B2 (General Business District)
B3 (Industr ial Transition District)
M1 (Light Industrial District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 26, 2022SHADY ELM RDSPRINGDALE RDVALLEY PIKETASKER RDRENAISSANCE DR
FAY ST
SKYJES LN
INDUSTRIAL DR ¬«37
§¨¦81£¤11
¬«37
0 650 1,300325 Feet
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LCPINs: 74 - A - 68, 74 - A - 69Minor Proffer AmendmentZoning Map
REZ #07-22
REZ #07-22
137
SHADY ELMFARMSSubdivision
HEDGEBROOKHILLSSubdivision
74 A 69
74 A 68
507SPRINGDALE RD
634SPRINGDALE RD
834SHADYELM RD
435SPRINGDALE RD
421SPRINGDALE RD
400SPRINGDALE RD
385SPRINGDALE RD385SPRINGDALE RD
364SPRINGDALE RD 117SPRINGDALE RD
224SPRINGDALE RD
140SPRINGDALE RD222SPRINGDALE RD
4200VALLEYPIKE
970SHADYELM RD 1043SHADYELM RD 316SPRINGDALE RD
4184VALLEYPIKE
1006SHADYELM RD
4118VALLEYPIKE
983SHADYELM RD 4168VALLEYPIKE
957SHADYELM RD
125SKYJES LN
183SKYJES LN
161SKYJES LN 141SKYJES LN
121SKYJES LN
4046VALLEYPIKE
134SKYJES LN
164SKYJES LN
180SKYJES LN
138SKYJES LN 251PROSPERITY DR
201PROSPERITY DR
147HOCKMAN CT
133HOCKMAN CT
113HOCKMAN CT
553SHADYELM RD
240PROSPERITY DR
191HOCKMAN CT
171HOCKMAN CT
220PROSPERITY DR
130HOCKMAN CT
114HOCKMAN CT 210PROSPERITY DR
190HOCKMAN CT
166HOCKMAN CT 750SHADYELM RD
690SHADYELM RD
188HOCKMAN CT
100DEVELOPMENT LN
561SHADYELM RD
160INDUSTRIAL DR127SOLDIERSREST LN
225SOLDIERSREST LN
121DEVELOPMENT LN
VALLEYPIKESOLDIERS
REST LN
PROSPERITY DRNARROW LN
SKYJES LN
H
O
C
K
M
A
N CT
SHADY ELM RDSPRINGDALE RD
RENAISSANCE DR
Application
Parcels
Sewer and Water Service A rea µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 26, 2022SHADY ELM RDSPRINGDALE RDVALLEY PIKETASKER RDRENAISSANCE DR
FAY ST
SKYJES LN
INDUSTRIAL DR ¬«37
§¨¦81£¤11
¬«37
0 650 1,300325 Feet
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LCPINs: 74 - A - 68, 74 - A - 69Minor Proffer AmendmentLocation Map
REZ #07-22
REZ #07-22
138
SHADY ELMFARMSSubdivision
HEDGEBROOKHILLSSubdivision
74 A 69
74 A 68
507SPRINGDALE RD
634SPRINGDALE RD
834SHADYELM RD
435SPRINGDALE RD
421SPRINGDALE RD
400SPRINGDALE RD
385SPRINGDALE RD385SPRINGDALE RD
364SPRINGDALE RD 117SPRINGDALE RD
224SPRINGDALE RD
140SPRINGDALE RD222SPRINGDALE RD
4200VALLEYPIKE
970SHADYELM RD 1043SHADYELM RD 316SPRINGDALE RD
4184VALLEYPIKE
1006SHADYELM RD
4118VALLEYPIKE
983SHADYELM RD 4168VALLEYPIKE
957SHADYELM RD
125SKYJES LN
183SKYJES LN
161SKYJES LN 141SKYJES LN
121SKYJES LN
4046VALLEYPIKE
134SKYJES LN
164SKYJES LN
180SKYJES LN
138SKYJES LN 251PROSPERITY DR
201PROSPERITY DR
147HOCKMAN CT
133HOCKMAN CT
113HOCKMAN CT
553SHADYELM RD
240PROSPERITY DR
191HOCKMAN CT
171HOCKMAN CT
220PROSPERITY DR
130HOCKMAN CT
114HOCKMAN CT 210PROSPERITY DR
190HOCKMAN CT
166HOCKMAN CT 750SHADYELM RD
690SHADYELM RD
188HOCKMAN CT
100DEVELOPMENT LN
561SHADYELM RD
160INDUSTRIAL DR127SOLDIERSREST LN
225SOLDIERSREST LN
121DEVELOPMENT LN
VALLEYPIKESOLDIERS
REST LN
PROSPERITY DRNARROW LN
SKYJES LN
H
O
C
K
M
A
N CT
SHADY ELM RDSPRINGDALE RD
RENAISSANCE DR
Application
Parcels
Sewer and Water Service A rea
Long R ange Land Use
Business
Industrial
Sensitive Natural Areas
Institutional µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 26, 2022SHADY ELM RDSPRINGDALE RDVALLEY PIKETASKER RDRENAISSANCE DR
FAY ST
SKYJES LN
INDUSTRIAL DR ¬«37
§¨¦81£¤11
¬«37
0 650 1,300325 Feet
REZ # 07 - 22: Renaissance 65 LC and Renaissance 35 LCPINs: 74 - A - 68, 74 - A - 69Minor Proffer AmendmentLong Range Land Use Map
REZ #07-22
REZ #07-22
139
140
141
17001325:-J
REZONING REQUEST PROFFER
Property Identification Number
74 -((A)) -68 and 74 -{(A)} -69
Back Creek Magisterial District
Carbaugh Business Center
Record Owner: The Henry J. Carbaugh Trust
Applicant: Timothy Stowe
Original Date of Proffers: 10/6/17
Revisions Date of Proffers: 10/19/17
Preliminary Matters
Pursuant to Section 15.2-2296 et.seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned owner hereby proffers that in the event the Board of Super visors of Frederick
County, Virginia, shall approve Rezoning Application# 0'i-17 for the rezoning of Tax
Map Parcel 74-A-68, a 89.8719-acre parcel, and Tax Map Parcel 74-A-69, a 17.3391-acre parcel,
to establish 107.21 +/-acres of Light Industrial (M-1) Zoning District, development of the 107.21
+/-acre Light Industrial (M-1) Zoning District, hereinafter referred to as the "Property", shall be
done in conformity with the terms and conditions set forth herein, except to the extent that
such terms and conditions may be subsequently amended or revised by the owner and such be
approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the
event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of
no effect whatsoever. These proffers shall be binding upon the owner and their legal
successors or assigns.
Site Improvements
1.The owner agrees to participate in the cost of transportation improvements in the
nearby area. The owner will contribute to Frederick County, Virginia, a maximum of
one million and eighty thousand dollars ($1,080,000.00). Such payment shall be
made either within 30 calendar days after the start of construction on the extension
of Renaissance Drive that will connect with Shady Elm Road or prior to the issuance
Proffer Statement Page 1 of 4
CJ
0
0
142
0
C)
of the certificate of occupancy permit for the first building structure developed on
the Property, whichever event occurs first. Such funds can be used by the Board of
Supervisors in its discretion for transportation improvements related to the N
extension of Renaissance Drive, an East-West Collector Road, to Shady Elm Road and
can be used as local match funding for County Revenue Sharing Program projects
related to the aforementioned extension.
Proffer Statement
2.The owner agrees to dedicate 60' (sixty feet) of right-of-way along Shady Elm Road to
Frederick County as depicted on the Generalized Development Plan (GDP), which is
attached and incorporated as part of the Proffer Statement. 10' (ten feet) of which is
to be used for the construction of a pedestrian trail adjacent to the Property. This
dedication is to be made within 90 (ninety) days after the date of the approved
Rezoning Application.
3.The owner agrees to dedicate 20' (twenty feet) of right-of-way along its northeast
boundary to Fredrick County for the extension of the East-West Collector Road
(Renaissance Drive) from Valley Pike (Rt. 11) to Shady Elm Road. This right-of-way is
depicted on the GDP. This dedication is to be made within 90 (ninety) days of a
written request by Frederick County.
4.The owner agrees to grant to Frederick County an 80' (80 feet) grading/slope
easement for the construction and maintenance of a bridge over the CSX rail line that
will be part of the extension of the East-West Collector Road (Renaissance Drive) from
Valley Pike (Rt. 11) to Shady Elm Road if needed. The final length of the easement will
be determined during the design phase of the extension of the EastWest Collector
Road. The length shall not exceed the distance from the CSX rail line to the start of the
bridge ramp. This grant is to be made within 90 (ninety) days of a written request by
Frederick County.
5.The owner agrees to limit the number of construct commercial entrances approved
by the Virginia Department of Transportation for the Property to be rezoned to a
maximum of two (2) entrances along the new collector road to be constructed as an
extension of along Renaissance Drive and intersecting with Shady Elm Road.
a.In the event the property is developed prior to the completion of Renaissance
Drive collector road extension, the owner may build a portion of Renaissance
Drive collector road extension from Shady Elm Road to the first entrance to the
site to enable use of the site. The portion of the collector road to be built in
this event will meet with both VDOT and Frederick County approval.
b.In the event that Frederick County request that the owner not build a portion
of the Renaissance Drive collector road extension, the owner may build a
temporary entrance onto Shady Elm Road for commercial use. The temporary
entrance on Shady Elm Road will be permanently closed
Page 2 of 4
143
CJ
CJ
C) immediately after the Renaissance Drive collector road extension is available 0)
for use by the owner.
6.The owner herby proffers to provide for inter-parcel connections for all new lots to
provide access to the two new access points on Renaissance Drive.
Building Restrictions
The development of the subject Property shall include the following building restrictions:
1.All loading docks shall be screened from view from all adjacent properties in the
Rural Area (RA) Zoning Districts that are located west of Shady Elm Road. The Owner
will utilize a Class C -Full Screen (As defined by Frederick County at the date of this
rezoning) 100' (one hundred feet) buffer adjacent to Rural Area (RA) Zoning Districts
west of Shady Elm Road.
2.Individual business signs will be prohibited along Shady Elm Road.
3.The owner will perform an intensive level survey on the historic structure located
on-site (Henry Carbaugh House -#34-1040) prior to its demolition.
Landscape Design Features
The development of the subject Property, and the submission of any Master Development Plan,
shall include the following landscape design features:
1.The owner shall provide street trees planted 50 (fifty) feet on center adjacent to the
Renaissance Drive collector road extension. The trees are to be planted within 120
(one hundred and twenty) days of written request by Frederick County.
Monetary Contributions to Offset Impact of Development
The owner, hereby voluntarily proffers that if the Board of Supervisors for the County of
Frederick, Virginia approves the rezoning for the 107.21 +/-acre property to the Light Industrial
(M-1) Zoning District, the undersigned will pay Frederick County, prior to the issuance of the
Proffer Statement Page 3 of4
144
Certificate of Occupancy Permit for the first structure constructed on the Light Industrial {M-1)
Zoning District portion of the parcel, the sum of thirty thousand dollars {$30,000.00), for use by
the Board in its discretion for fire and rescue purposes.
Additionally, the owner shall contribute five thousand dollars {$5,000.00) to the Kernstown
Battlefield Association prior to the issuance of the Certificate of Occupancy Permit for the first
structure constructed on the property.
Escalator
In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick
County within eighteen {18) months of the approval of this rezoning, as applied for by the
owner, said contributions shall be in the amounts as stated herein. Any monetary contributions
set forth in this Proffer Statement which are paid to the County after eighteen {18) months
following the approval of this rezoning shall be adjusted in accordance with the Urban
Consumer Price Index {"CPI-U") published by the United States Department of Labor, such that
at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U
from that date eighteen {18) months after the approval of this rezoning to the most recently
available CPI-U to the date the contributions are paid, subject to a cap of 4 percent {4%) per
year, non-compounded.
Respectfully Submitted,
The Henry J. Carbaugh Trust
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-Wit:
Page 4 of 4
145
Ml DISTRICT
· 107.2 AC. TOTAL ACREAGE·
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1
From:Carter, Edwin <edwin.carter@vdot.virginia.gov>
Sent:Friday, July 22, 2022 9:02 AM
To:Thomas Moore Lawson, Esq.
Cc:Matthew Smith; Lloyd Ingram
Subject:Re: FW: Minor Proffer Amendment
Good morning Ty. Our Land Development group has reviewed and do not
have any concerns from VDOT with the proposed changes.
Ed
Edwin Z. Carter
Residency Administrator
Office-540 534-3204
Cell-804.396.0082
edwin.carter@vdot.virginia.gov
On Wed, Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawson@lsplc.com> wrote:
Ed,
This is a follow up to my correspondence of July 8th regarding the minor proffer amendment for the Renaissance 65 LC
and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the
application.
Thanks, Ty
Thomas Moore Lawson, Esquire
155
2
Thomas Moore Lawson, P.C.
Of Counsel-Williams Mullen
P.O. Box 2740
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson@lsplc.com
_______________________________________________________________________________
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
From: Thomas Moore Lawson, Esq.
Sent: Friday, July 8, 2022 10:34 AM
To: 'Carter, Edwin'
Subject: Minor Proffer Amendment
Ed,
Please see the attached correspondence.
Thanks, Ty
Thomas Moore Lawson, Esquire
Thomas Moore Lawson, P.C.
Of Counsel-Williams Mullen
P.O. Box 2740
156
3
Winchester, VA 22604
Ph: 540-665-0050
Fax: 540-722-4051
Email: tlawson@lsplc.com
_______________________________________________________________________________
The information contained in this message is information intended only for the use of individual or entity named above,
and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and return the original message to us at
the above address.
157
See attached email from Lloyd Ingram w/ VDOT To Mr. Ty Lawson dated July 26, 2022.6158
1
From:Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov>
Sent:Tuesday, July 26, 2022 4:21 PM
To:Thomas Moore Lawson, Esq.
Cc:Lloyd Ingram; jbishop@fcva.us
Subject:Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment
Attachments:Renaissance 65 LC & Renaissance 35 LC.pdf
DEPARTMENT OF TRANSPORTATION
Edinburg Land Use
14031 Old Valley Pike
Edinburg, VA 22824
Mr. Lawson:
A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment
proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers,
the request is acceptable to our office.
If you have any questions or need further information, please do not hesitate to contact me.
Regards,
Lloyd A. Ingram, Transportation Engineer
Virginia Department of Transportation
Edinburg Residency ~ Land Development
14031 Old Valley Pike
Edinburg, Virginia 22824
Phone #(540) 534-3214
Fax #(540) 984-5607
159
1
From:Rod Williams <rwillia@fcva.us>
Sent:Friday, July 15, 2022 11:20 AM
To:Thomas Moore Lawson, Esq.
Cc:Wyatt Pearson; John Bishop; Tyler Klein
Subject:Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for
Parcels 74-A-68 and 74-A-69
Dear Ty:
I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6
of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my
opinion that the proposed Amendment to the Proffer Statement would be in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be
legally sufficient as a proffer statement.
Sincerely yours,
Rod
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
rwillia@fcva.us
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Frederick Home Frederick County Virginia LIFE AT THE TOP
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Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Dept/Ticket#RE2022 / 337850001 Frequency 1 Supplement#0
Name RENAISSANCE 65 LC&RENAISSANC Map#74 A 68 Account#8023410
Name 2 C/O THE PETERSON COMPANIES Bill Date 04/25/2022 Acreage 89.870
Address 12500 FAIR LAKES CIR Due Date 06/06/2022 Improvements $71,100.00
STE 400 ATTN:BRYAN LYTTON Desc 89.87 ACRES Land Value $3,184,000.00
FAIRFAX VA Land Use $102,400.00
Zip 22033 3804 Minerals $0.00
Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/06/2022
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$529.18 ($529.18)$0.00 $0.00 $0.00 $0.00
Transaction History
Date Type Transaction#Amount Balance
6/6/2022 Charge 0 $529.18 $529.18
6/6/2022 Principal Paid 9630 ($529.18)$0.00
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Frederick Home Frederick County Virginia LIFE AT THE TOP
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Real Estate Ticket Detail
Previous
2022 REAL ESTATE
Dept/Ticket#RE2022 / 337860001 Frequency 1 Supplement#0
Name RENAISSANCE 65 LC&RENAISSANC Map#74 A 69 Account#8023411
Name 2 C/O THE PETERSON COMPANIES Bill Date 04/25/2022 Acreage 17.340
Address 12500 FAIR LAKES CIR Due Date 06/06/2022 Improvements $0.00
STE 400 ATTN:BRYAN LYTTON Desc 17.34 ACRES Land Value $1,127,100.00
FAIRFAX VA Land Use $5,600.00
Zip 22033 3804 Minerals $0.00
Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/07/2022
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$17.08 ($17.08)$0.00 $0.00 $0.00 $0.00
Transaction History
Date Type Transaction#Amount Balance
6/6/2022 Charge 0 $17.08 $17.08
6/6/2022 Principal Paid 44687 ($17.08)$0.00
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Planning Commission
Agenda Item Detail
Meeting Date: September 21, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
171