PC 08-16-23 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.May 17, 2023 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81
Mini Storage, LLC) - (Mr. Cheran)
Submitted to construct a 135' tall monopole-type commercial telecommunication tower.
The property is located at 127 Mercedes Court, Winchester, Virginia and is identified
with Property Identification Number 43-A-52 in the Stonewall Magisterial District.
6.B.Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC
Management, Inc.) - (Mr. Cheran)
Submitted to construct a 185' tall monopole-type commercial telecommunication tower.
The property is located at 178 Rivendell Court, Winchester, Virginia and is identified
with Property Identification Number 42-A-198N in the Stonewall Magisterial District.
6.C.Rezoning #02-23 of Global Headquarters, LLC (Bowman Trucking) - (Mr.
Bishop)
AGENDA
PLANNING COMMISSION
WEDNESDAY, AUGUST 16, 2023
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC08-16-23MinutesMay17.pdf
PC08-16-23CUP06-23_Memo.pdf
PC08-16-23CUP07-23_Memo.pdf
1
Submitted to rezone +/- 1.86-acres from the M2 (Industrial General) District to the B2
(General Business) District with proffers and +/- 0.29-acres from the B2 (General
Business) District to the B2 (General Business) District with proffers for a total of 2.15-
acres. The property is located at 436 Fairfax Pike, Stephens City, Virginia and is
identified by Property Identification Number (PIN) 86-A-82 in the Opequon Magisterial
District.
6.D.Conditional Use Permit #04-23 for Lee Ebert, LLC (Lee Ebert) - (Mrs.
Feltner)
Submitted to construct a tractor truck and tractor truck trailer parking facility. The
property is located at 230 Ebert Road, Winchester, Virginia and is identified with
Property Identification Number 44-A-6A in the Stonewall Magisterial District.
7.Other
7.A.Current Planning Applications
8.Adjourn
PC08-16-23REZ02-23_Redacted.pdf
PC08-16-23CUP04-23_Redacted.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Meeting Minutes
Title: May 17, 2023 Meeting Minutes
Attachments:
PC08-16-23MinutesMay17.pdf
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Frederick County Planning Commission Page 4031
Minutes of May 17, 2023
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on May 17, 2023.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; : Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District;
Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro
District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red
Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Justin Kerns, Stonewall District
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the May 17, 2023 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 a motion made by Commissioner Thomas and seconded by Commissioner Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Orndoff,
the Planning Commission unanimously adopted the minutes from the April 5, 2023 meeting.
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Frederick County Planning Commission Page 4032
Minutes of May 17, 2023
COMMITTEES
Development Review & Regulations – Mtg. 04/27/23
Commissioner Kozel reported the Committee discussed the conversion of commercial and
industrial districts allowed uses list to NAICS and this will be presented to the Planning Commission in the
coming months. Also discussed was the allowance for shipping containers as storage in the RA (Rural
Areas) Zoning District and this item is on tonight’s agenda.
Frederick Water – Mtg. 05/16/23
Chairman Jewell reported the Board held their annual election of officers and the Bylaws
were renewed and adopted. He shared that the Board was updated on various capital projects that are being
advanced to strengthen water and sewer services. Chairman Jewell presented the operations report for
April.
City of Winchester – Mtg. 05/16/23
Commissioner Richardson, Winchester City Planning Commission Liaison, reported the
Commission discussed a change to the greenspace requirement and it will be coming forward at a later date.
Board of Supervisors – Mtg. 05/10/23
Supervisor Lockridge, Board of Supervisor Liaison, reported the Board approved a sign
ordinance amendment, discussed the CIP, and discussed a boundary line adjustment in Middletown.
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CITIZEN COMMENTS
Chairman Jewell called for citizen comments on any subject not currently on the Planning
Commission’s agenda or any item that is solely a discussion item for the Commission. No one came
forward to speak and Chairman Jewell closed the public comments portion of the meeting.
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PUBLIC HEARING
Draft Update of the 2023-2024 Frederick County Interstate, Primary, and Secondary Road
Improvement Plans – The Primary and Interstate Road Improvement Plans establish priorities for
improvements to the Primary and Interstate Road networks within Frederick County. Priorities
adopted by the Board of Supervisors will be forwarded to VDOT for consideration.
The Virginia Department of Transportation and the Planning Commission of Frederick County, in
accordance with Section 33.2-331 of the Code of Virginia will conduct a joint public hearing in the
Board Room of the Frederick County Government Center, 107 North Kent Street, Winchester,
Virginia at 7:00 p.m. on Wednesday, May 17, 2023. The purpose of this public hearing is to receive
5
Frederick County Planning Commission Page 4033
Minutes of May 17, 2023
public comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year 2024 through
2029 Frederick County and on the Secondary System Construction Budget for Fiscal Year 2024.
Action – Recommend Approval
John A. Bishop, Assistant Director, reported this is the annual update of the Interstate,
Primary, and Secondary Road Plans. He explained, the Interstate and Primary Plans are advisory, and the
Secondary Plan is code required. Mr. Bishop continued, Interstate and Primary Road Improvement Plans
have no recommended changes currently; Staff would note as the Route 37 Study that is currently underway
moves ahead, there is a good possibility of future updates resulting from that effort. He shared the
Secondary Plan Updates for Fiscal Year 2024:
1. Update Major Road improvements list to reflect current activities.
2. Update Advertisement years for projects on the scheduled list.
3. Add the following projects via promotion from the Unscheduled to the Scheduled
list:
a. Clarke Road
b. South Timber Ridge Road
c. Heishman Lane
d. Glaize Orchard Road
Mr. Bishop shared a variety of maps explaining the Interstate, Primary, and Secondary
Road Plans. He also showed maps of the Non- Hard Surfaced Road Improvement Projects Schedule. Mr.
Bishop concluded, the Transportation Committee reviewed this item on April 24, 2023 and has
recommended approval.
Commissioner Brumback asked once Renaissance Drive is completed is that when
Springdale Road will cul-de-sac. Mr. Bishop stated that is correct.
Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Draft Update of the 2023-2024 Frederick County Interstate, Primary, and Secondary Road Improvement
Plans – The Primary and Interstate Road Improvement Plans establish priorities for improvements to the
Primary and Interstate Road networks within Frederick County.
(Note: Commissioner Kerns was absent from the meeting).
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ACTION ITEM
Rezoning #10-22 of Fruit Hill (Equus Capital Partners Ltd., DTS, LC and William O. Minor)
Action – Recommend Approval
6
Frederick County Planning Commission Page 4034
Minutes of May 17, 2023
Commissioner Manuel would abstain from all discussion on this item for a possible conflict
of interest.
John A. Bishop, Assistant Director, reported this application was submitted to rezone
220.06+/- acres which consist of 189.08+/- acres from RA (Rural Areas) District to M1 (Light Industrial)
District, 10.34+/- acres from RA District to B2 (General Business) District, and 20.64+/- acres from RA
District to either TM (Technology Manufacturing) District or M1 District with proffers. The properties are
located at 384 Ruebuck Lane, 1420 Rest Church Road at the southwest corner of the intersection of Rest
Church Road and Zachary Ann Lane and are identified by Property Identification Numbers 33-9-1A, 33-
A-89, and 33-A-90 in the Stonewall Magisterial District. Mr. Bishop explained the Applicant proposes to
construct five buildings of varying sizes, totaling approximately 2,425,500 sq. ft. of space, as well as a
5,000 sq. ft. restaurant and a hotel containing up to 100 rooms. A portion of that square footage will be
reserved for the potential location of a data center should that use become viable. He shared a zoning map
of the property and a long-range land use map. He presented a Generalized Development Plan of the site
development plan and transportation plan. Mr. Bishop shared the key proffer changes:
• Applicant has updated the proffer for the Rest Church Road and Route 11
intersection to cover the full cost of construction and right of way.
• Applicant has updated the proffer for cash toward the upgrade of Ruebuck Lane to
the Applicant making the upgrades themselves.
• Applicant has removed Rest Church Road through trips from consideration of pro
rata share for potential signal at the intersection of Fruit Hill Road and Rest Church
Road.
• The Applicant has made a number of other clarifications to proffer language as
well in coordination with County Staff.
Mr. Bishop presented Staff notes: This Application does not conform with the Board of
Supervisors adopted Comprehensive Plan and it does not address the I-81 NB exit ramp to Rest Church
Road turn lane identified in the TIA. Mr. John Foote, representing the Applicant shared a presentation
focusing on transportation. He noted, the Applicant has made all the changes requested by Staff and the
County Attorney. Commissioner Thomas asked if Equus has a construction schedule for the buildings. Mr.
Foote commented that it depends on the market. Chairman Jewell asked if Fruit Hill Road will be done in
sections and Mr. Foote noted yes it will be. Commissioner Orndoff commented that his concern is that this
Application is not consistent with the Comprehensive Plan. Commissioner Orndoff commented he would
like to request that the Board of Supervisors take necessary actions to direct Staff to evaluate the potential
mitigation as soon as feasible.
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Aikens
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #10-22 of Fruit Hill (Equus Capital Partners Ltd., DTS, LC and William O. Minor) submitted
to rezone 220.06+/- acres which consist of 189.08+/- acres from RA (Rural Areas) District to M1 (Light
Industrial) District, 10.34+/- acres from RA District to B2 (General Business) District, and 20.64+/- acres
from RA District to either TM (Technology Manufacturing) District or M1 District with proffers. The
properties are located at 384 Ruebuck Lane, 1420 Rest Church Road at the southwest corner of the
intersection of Rest Church Road and Zachary Ann Lane and are identified by Property Identification
Numbers 33-9-1A, 33-A-89, and 33-A-90 in the Stonewall Magisterial District.
(Note: Commissioner Kerns was absent from the meeting).
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Frederick County Planning Commission Page 4035
Minutes of May 17, 2023
UDA Exception – Robert and Julie Owens
Action – Recommend Approval
Wyatt G. Pearson, Director, reported this is a request to provide an exception to the Urban
Development Area (UDA) policy restricting public water and sewer service for residential uses outside the
UDA. The properties are approximately .9 acres and are located within the Stonewall Magisterial District
at 1164 and 1176 Brucetown Road (Parcels 33-A160 and 33-A-161) and the zoning is RA (Rural Areas).
He noted a correction to his memo and that one parcel is residential and the other is the Post Office. Mr.
Pearson continued the Urban Development Area (UDA) of Frederick County includes those areas
anticipated for higher intensity residential development. He noted, Frederick County established its initial
UDA boundary in 1987. Mr. Pearson explained, in accordance with long held Board policy, residential
land uses located outside of the UDA are not entitled to public water and sewer service. He shared a location
map aerial of the properties. Mr. Pearson reported, currently the property has well and septic service for
both properties. The owner has expressed concerns regarding the age of the existing septic and the
likelihood of failure. The Comprehensive Plan (Northeast Frederick Land Use Plan) designates the
properties future land use as Sensitive Natural Areas and as part of the Clearbrook-Brucetown Rural
Community Center. It is located within the Sewer and Water Service Area (SWSA), but not the UDA. He
noted, Frederick Water is capable of serving the property and is willing to work with the property owner if
authorized. The Applicant has requested and exception from the UDA policy to allow for public water and
sewer service to this property.
Commissioner Thomas commented once the precedent is set to provide can others join.
Mr. Pearson stated only property owners making a request. Commissioner Brumback asked if the properties
are owned by the same person. Mr. Pearson stated that is correct and this exception would go with the
properties. Commissioner Stowe asked if the existing septic is failing. Mr. Pearson commented he is not
aware. Commissioner Kozel inquired who would be responsible for the cost. Mr. Pearson stated it would
be the Applicant/Owner. Commissioner Orndoff commented this is a minimal thing and one exception
because it is so close to the infrastructure. Commissioner Aikens stated this is an easy decision for him.
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Brumback
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of UDA Exception – Robert and Julie Owens - exception to the Urban Development Area (UDA) policy
restricting public water and sewer service for residential uses outside the UDA. The properties are
approximately .9 acres and are located within the Stonewall Magisterial District at 1164 and 1176
Brucetown Road (Parcels 33-A160 and 33-A-161) and the zoning is RA (Rural Areas).
(Note: Commissioner Kerns was absent from the meeting).
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INFORMATION/DISCUSSION
Ordinance Amendment – Shipping Containers
M. Tyler Klein, Senior Planner, reported this is a proposal to allow shipping containers
(i.e., prefabricated, durable steel intermodal shipping boxes) as an accessory structure/storage only in the
RA (Rural Areas) Zoning District. He continued, shipping containers would be also expressly prohibited
8
Frederick County Planning Commission Page 4036
Minutes of May 17, 2023
as an accessory structure/storage in the RP (Residential Performance), R4 (Residential Planned
Community), R5 (Residential Recreational Community), and MH1 (Mobile Home Community) Zoning
Districts. Containers used as storage in the RA District would also need to meet applicable setback
requirements for accessory structures (or 15-feet from the side/rear property lines). He noted, this item (as
presented) was previously discussed in 2018 and no consensus was reached. Mr. Klein shared the current
standard for shipping containers: The Zoning Ordinance currently does not expressly permit shipping
containers as accessory structures or storage; In practice, the Zoning Administrator has allowed as
“accessory” to distribution, warehousing, and intermodal freight activities; Lack of codified requirements
has created an enforcement challenge for Staff. He concluded, the DRRC discussed on March 23rd and
April 27th and were generally supportive of proposed changes and limiting in other districts; concerns with
allowing in the RA District without further restriction (limiting the number of containers permitted;
specifying a minimum property acreage; requiring to be screened from view).
Commissioner Aikens commented at the DRRC there was a lot of discussion, and it was
recommended that they not be allowed on property less than 5 acres in the RA District. Commissioner
Brannon commented she does not agree with this Ordinance Amendment. Commissioner Thomas asked if
allowed in B1. Mr. Klein stated it is allowed in other districts. Commissioner Stowe asked as an accessory
use is there a height limit. Mr. Klein commented it is 35 feet. Commissioner Stowe inquired if it mentions
anything about what the container can look like. Mr. Klein commented that can be recommended.
Chairman Jewell stated there should be some sort of screening requirement. Commissioner Thomas
recommended there should be notation on stacking since they turn over easily and should be placed on a
foundation. Commissioner Brannon stated she agrees with the safety issues, but it should not determine
what it looks like. Commissioner Molden disagrees with this Ordinance Amendment, could be very
dangerous in wind and they are an eyesore. There was no further comment.
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OTHER
Wyatt G. Pearson, Director, reported a Sheetz car wash site plan has been approved and
applications have been received for a Jordan Springs Elementary modular and Pine Creek Cabin and RV.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Orndoff to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously
passed. The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
9
Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Public Hearings
Title: Conditional Use Permit #06-23 for Diamond Communications, LLC (I-81 Mini
Storage, LLC) - (Mr. Cheran)
Attachments:
PC08-16-23CUP06-23_Memo.pdf
10
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
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wyatt Pearson, Director of Planning and Development
RE: CUP #06-23 Diamond Communications
DATE: August 10, 2023
Staff requests tabling of Conditional Use Permit #06-23 due to a deficiency in the application. It
may be appropriate for the Planning Commission to act to remove these items from the agenda as
part of the agenda adoption process.
WGP
MRC
11
Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Public Hearings
Title: Conditional Use Permit #07-23 for Diamond Communications, LLC (RLC
Management, Inc.) - (Mr. Cheran)
Attachments:
PC08-16-23CUP07-23_Memo.pdf
12
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
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wyatt Pearson, Director of Planning and Development
RE: CUP #07-23 Diamond Communications
DATE: August 10, 2023
Staff requests tabling of Conditional Use Permit #07-23 due to a deficiency in the application. It
may be appropriate for the Planning Commission to act to remove these items from the agenda as
part of the agenda adoption process.
WGP
MRC
13
Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Public Hearings
Title: Rezoning #02-23 of Global Headquarters, LLC (Bowman Trucking) - (Mr. Bishop)
Attachments:
PC08-16-23REZ02-23_Redacted.pdf
14
REZONING APPLICATION #02-23
GLOBAL HEADQUARTERS, LLC.
(BOWMAN TRUCKING)
Staff Report for the Planning Commission
Prepared: August 9, 2023
Staff Contacts: John Bishop, AICP, Assistant Planning Director
Reviewed Action
Planning Commission: 08/16/23 Pending
Board of Supervisors: 09/13/23 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/16/23 PLANNING
COMMISSION MEETING:
This is an application to rezone #03-23 of Global Headquarters, LLC (Bowman Trucking) submitted to rezone +/- 1.86
acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/-0.29-acres
from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres.
As proposed the requested rezoning proposal is in compliance with the Comprehensive Plan as well as the Southern
Frederick Area Plan portion of the Comprehensive Plan. While this relatively small parcel of land cannot, by itself,
meet all of the goals of the Sherando Center town center area as outlined in the Southern Frederick Area Plan, the
proposal and proffers can be incorporated into the overall concept with the trail and interparcel access features and
proper site plan implementation. Staff would note that while the GDP does show right-of-way reservation, it would be
advisable to modify the language in proffer 1.2 to more clearly illustrate the intent to provide right -of-way for the
future Route 277 widening project.
Review Agency Comments
Review Agency Comment Issuance
Date
Status
Virginia Department of Transportation (VDOT) February 10, 2023 Comments resolved.
Frederick Water April 13, 2023 Comments resolved.
Frederick County (FC) Public Works March 17, 2022 No comments.
FC Fire Marshal March 15, 2022 No comments.
FC Parks and Recreation NA NA
FC Public Schools (FCPS) NA NA
FC Attorney June 23, 2023 Comments resolved
Following a public hearing, a recommendation from the Planning Commission 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.
15
Rezoning #02-23 Global Headquarter (Bowman Trucking)7 LLC)
August 9, 2023
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: Submitted to rezone +/- 1.86 acres from the M2 (Industrial General) District to the B2 (General
Business) District with proffers and +/-0.29-acres from the B2 (General Business) District to the B2 (General Business)
District with proffers for a total of 2.15-acres.
LOCATION: The property is located at 436 Fairfax Pike, Stephens City, Virginia and is identified by Property
Identification Number (PIN) 86-A-82 in the Opequon Magisterial District.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-82
PROPERTY ZONING: M2 (Industrial General) & B2 (General Business) District
PRESENT USE: Bowman Trucking Company
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RA (Rural Areas) Use: Agricultural
East: B2 (General Business) Use: Residential
West: B2 (General Business) Use: Dollar General
16
Rezoning #02-23 Global Headquarter (Bowman Trucking)7 LLC)
August 9, 2023
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephens City, VA Quadrangle) identifies
the majority of the subject property as being zoned M2. The M2 zoning classification was
modified to B2 (General Business) and M2 (Industrial General) District on February 14, 1990,
during the comprehensive amendment to the County’s Zoning Ordinance.
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; the Plan is 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.
Land Use
The Comprehensive Plan and specifically the Southern Frederick Area Plan identify this
property as part of the Sherando Center town center area. The plan calls for this area to develop
as an “intensive, walkable urban area that is well integrated with the surrounding community”.
The current M2 (Industrial General) District would not be considered to be compliant with the
Comprehensive plan. However, the proposed B2 (General Business) District would be more in
compliance with the goal of the Comprehensive Plan.
Transportation and Site Access
The property is currently served by 1 entrance onto Roue 277. The Comprehensive Plan calls
for the widening of Route 277 as well as enhanced access management practices as was recently
completed in the Route 277 project from Exit 307 to Double Church Road, just west of this
project. The proffers provided in this application do provide access management improvements,
however they do not currently provide necessary right-of-way for the future Route 277
widening.
3) Proffer Statement, Dated June 26, 2023, staff notes in bold italics
1. TRANSPORTATION:
1.1 The Owner shall restrict direct access to Fairfax Pike – Route 277 and will gain access to VDOT
right-of-way, as depicted in the attached September 30, 2022 “Off-Site Improvements & Access
Concept” and Traffic Impact Analysis prepared by Pennoni Associates, Inc, and in the attached
June 21, 2023 “Bowman Trucking Rezoning Generalized Development Plan Sherando Green Land
17
Rezoning #02-23 Global Headquarter (Bowman Trucking)7 LLC)
August 9, 2023
Page 4
Bay C” as prepared by Pennoni Associates Inc., through an inter-parcel connection and
ingress/egress easement through the adjacent property, TM 86-A-81.
1.2 The Owner shall dedicate additional right-of-way along Fairfax Pike as necessary to construct
road frontage improvements for the full access entrance on the adjacent property, identified as
TM 86-A-81, which will provide interparcel access to the subject property. Said right of way
shall be dedicated within 90 days of receiving written notice from Frederick County.
Staff Note: While the Generalized Development Plan shows a right-of-way reservation area, the
written proffers do not currently address future needed right-of-way for Route 277 widening.
Staff would recommend amending that language.
2. FIRE AND RESCUE
2.1 The Owner shall contribute to the Board the sum of $0.10 per square foot of gross floor area for
fire and rescue purposes, payable upon the issuance of a building permit for each structure.
Following a public hearing, a recommendation from the Planning Commission 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.
18
¬«277
86 A 82
500FAIRFAXPIKE
410FAIRFAXPIKE
469FAIRFAXPIKE
457FAIRFAXPIKE
90NOTTAWAYDR 447FAIRFAXPIKE
429FAIRFAXPIKE
425FAIRFAXPIKE
441FAIRFAXPIKE 240ELIZABETH DR
114NOTTOWAY DR
NOTTOWAY DRFAIRFAX PIKE
Application
Parcels
Sewer and Water Service A rea
B2 (General Business District)
M1 (Light Industrial District)
M2 (Industr ial General Distr ict)
RP (Residential Per form ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 30, 2023
FAIRFAX PIKE
DOUBLE CHURCH RDHAMILTON CTVDOT LNNOTTOWAY DRD R I F T W O O D D R
MEADOWLARK LN
¬«277
0 110 22055 Feet
REZ # 02 - 23: Global Headquarters, LLC (Bowman Trucking)PIN: 86 - A - 82Rezoning from M2 to B2 and B2 to B2Zoning Map
REZ #02-23
19
¬«277
86 A 82
500FAIRFAXPIKE
410FAIRFAXPIKE
469FAIRFAXPIKE
457FAIRFAXPIKE
90NOTTAWAYDR 447FAIRFAXPIKE
429FAIRFAXPIKE
425FAIRFAXPIKE
441FAIRFAXPIKE 240ELIZABETH DR
114NOTTOWAY DR
NOTTOWAY DRFAIRFAX PIKE
Application
Parcels
Sewer and Water Service A rea µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 30, 2023
FAIRFAX PIKE
DOUBLE CHURCH RDHAMILTON CTVDOT LNNOTTOWAY DRD R I F T W O O D D R
MEADOWLARK LN
¬«277
0 110 22055 Feet
REZ # 02 - 23: Global Headquarters, LLC (Bowman Trucking)PIN: 86 - A - 82Rezoning from M2 to B2 and B2 to B2Location Map
REZ #02-23
20
¬«277
86 A 82
500FAIRFAXPIKE
410FAIRFAXPIKE
469FAIRFAXPIKE
457FAIRFAXPIKE
90NOTTAWAYDR 447FAIRFAXPIKE
429FAIRFAXPIKE
425FAIRFAXPIKE
240ELIZABETH DR
441FAIRFAXPIKE
114NOTTOWAY DR
NOTTOWAY DRFAIRFAX PIKE
Application
Parcels
Sewer and Water Service A reaLong R ange Land Use
Urban Center
Business
Residential, 4 u/a µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 30, 2023
FAIRFAX PIKE
DOUBLE CHURCH RDHAMILTON CTVDOT LNNOTTOWAY DRD R I F T W O O D D R
MEADOWLARK LN
¬«277
0 110 22055 Feet
REZ # 02 - 23: Global Headquarters, LLC (Bowman Trucking)PIN: 86 - A - 82Rezoning from M2 to B2 and B2 to B2Long Range Land Use Map
REZ #02-23
21
22
23
24
25
26
27
28
29
30
1 STORY
FRAME
#425
POSTED
1 STORY
FRAME
#429
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GLOBAL HEADQUARTERS LLC
PIN 86-A-81
INST# 100012460
ZONE B2
N/F
GLOBAL HEADQUARTERS LLC
PIN 86-A-82
INST# 100012460
ZONE M2
N/F
ATHEY
PIN 86-A-87
DB 916 PG 1396
ZONE M1
N/F
RITTER
PIN 86-A-85E
INST# 020000172
ZONE RP
N/F
FURSTENAU
PIN 86-A-85D
INST# 220014006
ZONE RP
N/F
ALLEN
PIN 86-A-85C
DB 493 PG 339
ZONE RP
N/F
FINCHAM
PIN 86-A-85B
DB 703 PG 851
ZONE M2
N/F
ATHEY
PIN 86-A-86
DB 916 PG 1396
ZONE M1
NOTTOWAY DR. - RT-107560' ROW - 25 MPHDB 634 PG 764N/F
MTN VIEW, LLC
PIN 86-A-85A
INST# 150006645
ZONE M2
GRAVEL
GRAVEL DRIVEWAYGRAVEL DRIVEWAYGRAVEL DRIVEWAYFAIRFAX PIKE - RT- 277
ROW VARIES - 45 MPH
CONCRETE
GRAVEL
GRAVEL
N/F
NEFF E R INC
PIN 86-A-77
DB 699 PG 756
ZONE RA
REZONE TO B2
FUTURE PUBLIC OR PRIVATE INTER-PARCEL CONNECTION
TO LAND BAY B TO BE PROVIDED AT THE TIME OF
SITE PLAN SUBMITTAL FOR PROJECT ALONG COMMON PROPERTY LINE
ROW
RESERVATION
LANDBAY C
LANDBAY B
10' TRAIL
U:\ACCOUNTS\BMNSH\BMNSH21003 - BOWMAN TRUCKING REZONING\DESIGN\_SHEETS\GDP\CS4000GDP.DWGPLOTTED: 7/14/2023 6:08:26 PM, BY: DAVID FRANK PLOTSTYLE: PENNONI NCS.STB, PROJECT STATUS: ----CS4000GDP0050'100'
ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE INSTRUMENTS OF SERVICE IN RESPECT OF
THE PROJECT. THEY ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY OWNER
OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. ANY REUSE
WITHOUT WRITTEN VERIFICATION OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO
PENNONI ASSOCIATES; AND OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI ASSOCIATES
FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR RESULTING THEREFROM.
BMNSH21003
1" = 50'
KLM
2023-06-21
DLF
SHEET
APPROVED BY
OF1 1
BOWMAN TRUCKING REZONING
FAIRFAX PIKE
STEPHENS CITY, VIRGINIA 22655
PO BOX 480
STEPHENS CITY, VIRGINIA 22655
BOWMAN-SHOEMAKER COMPANIES, INC
GENERALIZED DEVELOPMENT PLAN
SHERANDO GREEN LAND BAY C
DRAWN BY
DRAWING SCALE
DATE
PROJECT
PENNONI ASSOCIATES INC.
117 East Piccadilly Street
Winchester, VA 22601
T 540.667.2139 F 540.665.0493 NORTH31
Fairfax PikeShrews
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HIGH SCHOOL PROPOSED LEFT TURNLANE LENGTHENING TO500 FT + 200 FT TAPERPEDESTRIANCROSSWALKS50 MPH DESIGNSPEED APPROX-EAST OF HEREATHEY TRUCKINGDOLLAR GENERALNOTTAWAY DRPROPOSEDSITE LANDBAY"C"30.00'R50.00'R50.00
'SHARED-USEPATH 8 FT FROMFACE OF CURBPROPOSED ROW (MDP)PROPOSED ROW (PENNONI)LEGENDU:\Accounts\SEGAL\SEGAL21001 - Fairfax Pike Commercial Development\DESIGN\L\SEGAL21001-SKETCH_PENNONI-wLandbaysBC-20220930.dwg PLOTTED: 4/30/2014 1:23 PM, BY: Wan Chong PLOTSTYLE: Pennoni NCS.stb PROJECT STATUS: ----
BYNO.DATE REVISIONS1"=50'FMLFMLAPPROVED BYDRAWN BYDRAWING SCALEDATEPROJECTALL DOCUMENTS PREPARED BY PENNONI ASSOCIATESARE INSTRUMENTS OF SERVICE IN RESPECT OF THEPROJECT. THEY ARE NOT INTENDED OR REPRESENTEDTO BE SUITABLE FOR REUSE BY OWNER OR OTHERS ONTHE EXTENSIONS OF THE PROJECT OR ON ANY OTHERPROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATIONOR ADAPTATION BY PENNONI ASSOCIATES FOR THESPECIFIC PURPOSE INTENDED WILL BE AT OWNERSSOLE RISK AND WITHOUT LIABILITY OR LEGALEXPOSURE TO PENNONI ASSOCIATES; AND OWNERSHALL INDEMNIFY AND HOLD HARMLESS PENNONIASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES ANDEXPENSES ARISING OUT OF OR RESULTING THEREFROM.ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR
AND OWNER MUST BE NOTIFIED OF ANY
DISCREPANCIES BEFORE PROCEEDING WITH WORKNOT FOR CONSTRUCTION0050'100'
PENNONI ASSOCIATES INC.
117 East Piccadilly Street
Winchester, VA 22601
T 540.667.2139 F 540.665.0493
NORTH
1SEGAL20003SHEETOF11SHERANDO GREEN COMMERCIAL
FAIRFAX PIKE
FREDERICK COUNTY, VIRGINIA
605 SOUTH EDEN STREET, SUITE 200
BALTIMORE, MARYLAND 21231
SEGALL GROUP
OFF-SITE IMPROVEMENTS & ACCESS CONCEPT
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Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Public Hearings
Title: Conditional Use Permit #04-23 for Lee Ebert, LLC (Lee Ebert) - (Mrs. Feltner)
Attachments:
PC08-16-23CUP04-23_Redacted.pdf
66
CONDITIONAL USE PERMIT #04-23
LEE EBERT, LLC (LEE EBERT)
Staff Report for the Planning Commission
Prepared: August 9, 2023
Staff Contact: Amy Light Feltner, 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: 08/16/23 Pending
Board of Supervisors: 09/13/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable a tractor truck and tractor truck trailer
parking on one parcel totaling approximately 5.37+/- acres located on Ebert Road. The subject
property is within the Stonewall Magisterial District.
Should the Planning Commission find this use to be appropriate, Staff would recommend the
following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use on this property. The site plan shall meet the requirements of the Frederick County
Zoning Ordinance Section 165-204.24 tractor truck and tractor truck trailer parking.
3. Any expansion or modification of this use will require approval of 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.
67
Page 2
CUP #04-23, Lee Ebert, LLC (Lee Ebert)
August 9, 2023
LOCATION: The subject property is located west of Route 11 North (Martinsburg Pike) and North
of Ebert Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-6A
PROPERTY ZONING & PRESENT USE: Zoned: M2 (General Industrial)
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant/Unimproved
South: M1 (Light Industrial District) &
M2 (Industrial General District) Use: Industrial
East: M2 (Industrial General District) Use: Industrial
West: M2 (Industrial General District) Use: Industrial
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable a tractor truck
and tractor truck trailer parking on 5.37 acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
This is a request for a conditional use permit (CUP) to enable a tractor truck and tractor truck trailer
parking lot on one (1) parcel totaling 5.37+/- acres off Ebert Road. A total of one-hundred seven
(107) parking spaces is proposed. Access to the property is provided by a commercial entrance from
Ebert Road from Route 11.
Comprehensive Plan Land Use Compatibility:
Tractor Trailer and Tractor Trailer Truck Parking is a permitted use in the M2 (Industrial General)
Zoning District with an approved Conditional Use Permit (CUP). This proposed use will take place
on a 5.37 +/- acre parcel adjacent to properties that are zoned M2 and RA (Rural Area). The 2040
Comprehensive Plan provides guidance when considering any land use actions. The area where this
property is located is outside the Urban Development Area (UDA) and inside the Sewer and Water
Service Area (SWSA). This area of the County is intended to remain industrial in nature. The CUP
application, as proposed, generally meets the intent and goals of the Plan.
Zoning Ordinance Requirements:
The Frederick County Zoning Ordinance (Chapter 165) allows for tractor truck and tractor truck
68
Page 3
CUP #04-23, Lee Ebert, LLC (Lee Ebert)
August 9, 2023
trailer parking use as a primary use on M2 (Industrial General) zoned property through an approved
conditional use permit. Additional regulations for specific uses contained in the Zoning Ordinance
require tractor truck and tractor truck trailer parking lots implement the following requirements in
accordance with §165-204.24.
• All areas utilized for the parking of tractor trucks and storage of trailers shall utilize a gravel
or paved surface.
• All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel, or
the like is not distributed onto the roadways.
• No inoperable tractor trucks or damaged/salvaged trailers, or unlicensed trailers shall be
parked or stored on the site.
• Fuel sales shall not be permitted.
• Maintenance of trucks and trailers shall not be permitted.
• Facilities shall be required to landscape the yard area within the front se tback to provide for a
double row of evergreen trees that are staggered and planted a maximum of 12 feet on center.
The side and rear yards shall be planted with a single row of evergreen trees that are planted a
maximum of 40 feet on center. All the trees shall be a minimum of four feet in height at the
time of planting. The Board of Supervisors may allow for alternative landscaping based on
topography and/or adjacent land uses.
• A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
Virginia Department of Transportation: A VDOT Review has been completed for the
Conditional Use Permit for Lee Ebert, LLC., to operate a Tractor Truck and Tractor Truck Trailer
parking facility at 203 Ebert Road, Winchester. This parcel is identified as TM #44-A-6A and
consists of 5.3686 acres. The existing access to the facility appears adequate for the proposed use
outlined in the CUP application. We have no objection to the proposal at this time. Should the use
expand in the future, we would appreciate the opportunity to revisit at that time to determine if any
improvements would be needed.
Frederick County Fire Marshall: Approved
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
69
44 A 6A
195EBERT RD
283EBERT RD
207EBERT RD
140JIREHLANE
210EBERT RD
112LEWIN LN
WILLARD STJIREH LNEBERT RDLEWIN LNApplication
Sewer and Water Service A rea
Parcels
M1 (Light Industrial District)
M2 (Industr ial General Distr ict)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 5, 2023
StephensonFAIR LNEBERT RDLEWIN LNMARTINSBURG PIKEMILTON RAY DREASY LIVING ST
JAKE PL
DIANE LN
SHEILA CT
WILLARD ST§¨¦81§¨¦81
0 200 400100 Feet
£¤11
CUP # 04 - 23: Lee Ebert, LLCPIN: 44 - A - 6ATractor Truck and Tractor Truck Trailer ParkingZoning Map
CUP #04-23
70
44 A 6A
195EBERT RD
283EBERT RD
207EBERT RD
140JIREHLANE
210EBERT RD
112LEWIN LN
WILLARD STJIREH LNEBERT RDLEWIN LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 5, 2023
StephensonFAIR LNEBERT RDLEWIN LNMARTINSBURG PIKEMILTON RAY DREASY LIVING ST
JAKE PL
DIANE LN
SHEILA CT
WILLARD ST§¨¦81§¨¦81
0 200 400100 Feet
£¤11
CUP # 04 - 23: Lee Ebert, LLCPIN: 44 - A - 6ATractor Truck and Tractor Truck Trailer ParkingLocation Map
CUP #04-23
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Planning Commission
Agenda Item Detail
Meeting Date: August 16, 2023
Agenda Section: Other
Title: Current Planning Applications
Attachments:
82