Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
PC 03-06-24 Meeting Agenda
1.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.December 6, 2023 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Rezoning #01-24 for Singh Trans, Inc. - (Mr. Klein) Submitted to rezone approximately +/- 7.6-acres from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District with proffers to allow for a trucking repair facility. The property is located on the north side of Fairfax Pike (Route 277) across from 1340 Fairfax Pike, Stephens City and are identified by Property Identification Numbers (PINs) 86-A-174, 86-A-175, and 86-A-176 in the Shawnee Magisterial District. 7.Action Items 7.A.Rezoning #06-23 for Winchester Gateway, LLC - (Mr. Klein) Submitted to rezone approximately +/- 34.26-acres of a +/- 71.85-acres parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to develop warehousing, distribution, or data center uses. The property is located at the intersection of Apple Valley Road (Route 652) and Middle Road (Route 628) and is AGENDA PLANNING COMMISSION WEDNESDAY, MARCH 6, 2024 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC03-06-24MinutesDecember6.pdf PC03-06-24REZ01-24_Redacted.pdf 1 bounded by Route 37 to the west, and is identified by Property Identification Number (PIN) 63-A-80I in the Back Creek Magisterial District. 7.B.SWSA Amendment - (Mr. Pearson) Request to extend Water and Sewer Service outside the limits of the SWSA for 8126 Valley Pike. 8.Other 8.A.Current Planning Applications 9.Adjourn PC03-06-24REZ06-23_Redacted.pdf PC03-06-24SWSARequest_8126ValleyPike_Redacted.pdf 2 Planning Commission Agenda Item Detail Meeting Date: March 6, 2024 Agenda Section: Meeting Minutes Title: December 6, 2023 Meeting Minutes Attachments: PC03-06-24MinutesDecember6.pdf 3 Frederick County Planning Commission Page 4077 Minutes of December 6, 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 December 6, 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; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Justin Kerns, Stonewall District; Charles E. Triplett, Gainesboro District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; Patricia Taylor, Secretary. CALL TO ORDER Chairman Jewell called the December 6, 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 Manuel and seconded by Commissioner Orndoff the Planning Commission unanimously adopted the minutes from the September 20, 2023 and October 4, 2023 meetings. ------------- 4 Frederick County Planning Commission Page 4078 Minutes of December 6, 2023 COMMITTEES Frederick Water – Mtg. 11/21/23 Chairman Jewell reported the Board accepted the Frederick Water FY 2023 Audited Financial Statements by Brown Edwards & Company; the auditor did not detect any matters of concern. He shared, Frederick Water, in coordination with County Administration, declared a Drought Emergency on November 15, 2023. This Drought Emergency declaration is aligned with and in response to the Virginia Department of Environmental Quality (VDEQ) groundwater monitoring for the region. Groundwater levels in the region have continued to drop since March 2023. Groundwater not only supplies Frederick Water’s public water system but also Frederick county’s residents who utilize private wells for their water. Everyone in Frederick County should be aware of the drought impacting our community, and everyone should practice water conservations. Board of Supervisors – Mtg. 11/08/23 Supervisor Lockridge, Board of Supervisors Liaison, reported Dover Hill Crossing REZ #04-23 was denied, and Getaway House CUP #09-23 and Carmeuse REZ #03-23 were both approved. ------------ 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. ------------- Commissioner Brannon made a motion to postpone the (4) CPPA requests to allow newly elected officials time to become familiar with these items. The motion failed. Wyatt G. Pearson, Director, shared the 2023 Comprehensive Plan Amendment Process. With requests to amend the Plan, applicants should demonstrate any change in land use designation, density, or intensity: • Would it benefit the public health, safety, and welfare. • Is it consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. • Will not be detrimental to uses of property in the immediate vicinity of the subject property. • Has merit and value for the community as a whole. • Will result in benefits (fiscal, aesthetic, employment, etc.) that will outweigh any significant impact of the change. He explained the Planning Department accepts applications annually (due June 1st); CPPC initial review and recommendations were July 10th, 2023; Joint Board and Planning Commission Work Session held August 15th, 2023; out for agency comments; CPPC consideration Planning Commission Public Hearing and then Board of Supervisors Public Hearing. 5 Frederick County Planning Commission Page 4079 Minutes of December 6, 2023 PUBLIC HEARING CPPA #01-23 Madison II, LLC Designation of a new non-contiguous Urban Development Area (UDA), and Land Use Designation Change, for parcel 87-A-15. Action – Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Wyatt G. Pearson, Director, reported this is a request to establish a new UDA around the property in question and change a portion of the land use designation from Mixed Use Industrial/Office and Industrial to Neighborhood Village. The 149-acre property is at 1702 Fairfax Pike, which is located south of Fairfax Pike (Route 277) and a little over a mile west of Route 277 and Route 522 intersection (Double Tollgate area). The Lake Frederick development borders the property to the south and the east. He shared a zoning map of the property and surrounding area. Mr. Pearson presented the Southern Frederick Area Plan Proposed Changes: • Non-Contiguous Urban Development Area Inclusion • Mixed Use Commercial Office (remains the same) • Mixed Use Industrial Office to Neighborhood Village • Neighborhood Village (remains the same) • Industrial to Neighborhood Village Mr. Pearson displayed various land use designation maps and proposed designation maps. He noted changes in the text amendment: Conceptual ties to Lake Frederick; Inter-connectivity to adjoining development; and Commercial areas ideal for medical uses. Mr. Pearson shared relevant agency comments: Frederick County Public Schools only has capacity at the Middle school level currently; Frederick Water may be able to serve the property with sanitary sewer soon (2026); and VDOT anticipates that the project may generate less traffic than the current planned uses (industrial and mixed-use industrial office) additional study of impacts and potential offsets would occur during a rezoning consideration. He concluded with Staff Conclusions: Industrial designated property is too small to develop with viable uses, and office uses are becoming increasingly unlikely to be supported by market demand on the current planning horizon; If the application has merit otherwise, a non-contiguous UDA that includes Lake Frederick and guides development to occur in a manner that integrates with and complements that community may be advisable. Commissioner Thomas asked what if any are the unintended negative consequences that could arise down the road. Mr. Pearson stated the only thing is it might encourage others to expand the Comprehensive Plan surrounding this area. Commissioner Stowe asked how far this proposal from the UDA is and does this help the second entrance to Lake Frederick. Mr. Pearson explained it is about a half mile and it does not affect that second entrance. Craig George, with Valley Engineering came forward and addressed questions. He noted the idea is for roughly 800 mixed use housing units (10 per acres). Commissioner Aikens stated that the decision tonight is to change the Comprehensive Plan and put it in the UDA and not focus on density. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. 6 Frederick County Planning Commission Page 4080 Minutes of December 6, 2023 Diane Fansler of the Opequon District and Jeffrey Hoyt of the Shawnee District came forward and share their concerns with the water issues this could create; the traffic that will be generated; Fire and Rescue access; and the already present overcrowding in the schools. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas state the concerns brought forth are not relative to the action that is needed to be taken tonight. Commissioner Aikens agreed. Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of CPPA #01- 23 Madison II, LLC; Designation of a new non-contiguous Urban Development Area (UDA), and Land Use Designation Change, for parcel 87-A-15. Yes: Brumback, Stowe, Molden, Thomas, Jewell, Orndoff, Aikens, Kozel No: Brannon Abstain: Manuel (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). CPPA #02-23 Jordan Springs Expansion of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), and Land Use Designation Change, for parcels 44-A-294A and 44-A-294 totaling 231.92 acres. Action – Recommend Denial Wyatt G. Pearson, Director, reported, this is a request to expand the SWSA and UDA and designate the future land use classification to Residential. The properties are located on the north and south sides of Jordan Springs Road to the west of Woods Mill Road, with the larger parcel 44 -A-294A partially bounded on the east by Woods Mill Road. The Snowden Bridge subdivision boarders parcel 44-A-294A to the west. The zoning district is RA (Rural Areas), B2 (General Business), and HA (Historic Area Overlay). He shared a draft SWSA and UDA Amendments Zoning map. Mr. Pearson presented the Northeast Land Use Plan Designation Changes: Inclusion in the SWSA and UDA; Rural Area to Residential; and Business to Residential. He noted, the property known as Historic Jordan Springs, the entirety of which has recently been added to the UDA, has been identified as a potential location for an age fifty-five (55) and older age-restricted community that incorporates the historic hotel building as a community center with active adult amenities and associated assisted living and long-term care facilities. This use for the property would accomplish the objectives of preserving the historic and natural resources located on the property. Mr. Pearson shared the current long range land use map and the proposed long range land use map. Mr. Pearson explained the relevant agency comments: Frederick County Public Schools if age restricted then no concerns; Frederick Water is likely able to serve the proposed use; VDOT anticipates a substantial increase in traffic on Jordan Springs Road, but that the road may be capable of handling it; and the Historic Resources Advisory Board supported continuing to have the Historic Area Overlay zone 7 Frederick County Planning Commission Page 4081 Minutes of December 6, 2023 and potentially expanding the area it covers, using the existing hotel as a recreational amenity and suggested it be added to the National Register of Historic Places. Staff has the following conclusions: • Inclusion of a trail alongside of Hiatt Run to match the proffered linear park in Snowden Bridge would be appropriate • Rapid access by public safety and routes to medical facilities should be considered carefully when contemplating aging in place/skilled nursing facilities as has been indicated. • Additional suburban style development in this area has the potential to spur infill development between this property and the Red Bud Run subdivisions along Route 7. If approved, it may be prudent for the County to reevaluate the planned uses in this area, as the character will have substantially been changed. Commissioner Thomas asked if there has been any discussion on alternate access to Snowden Boulevard or another route. Mr. Pearson explained, Staff has advocated that there be street interconnections with Snowden Bridge. Commissioner Kozel inquired what the timeframe would be on such access. Mr. Pearson stated it is a planned and unfunded project; beyond ten years. Urban Engineering shared a presentation on the Jordan Springs project and their goals. Commissioner Stowe noted he is concerned with the traffic on Jordan Springs Road and would be more comfortable if it connected to Snowden Bridge Boulevard. Commissioner Orndoff agreed with the concerns of the traffic on such a narrow road. 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. Commissioner Orndoff commented this is a beautiful design and concept however there is a tremendous amount of traffic that already exists on Jordan Springs Road and Woodsmill Road, therefore he cannot support this as presented. Commissioner Thomas stated he would like to give the Applicant the opportunity to redo the boundary lines when a rezoning would be presented, and he would vote in favor of this given it will be an uphill battle. Commissioner Stowe commented he agrees and would like to give the Applicant the opportunity to come up with a better plan regarding the traffic concerns. Commissioner Brumback like the beautiful project and the preservation of a historic property but there are too many safety concerns with this at this time. Commissioner Brannon did agree with Commissioner Brumback. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Stowe BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of CPPA #02-23 Jordan Springs Expansion of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), and Land Use Designation Change, for parcels 44-A-294A and 44-A-294 totaling 231.92 acres. Yes: Brannon, Brumback, Stowe, Molden, Jewell, Orndoff No: Thomas, Manuel, Kozel, Aikens (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). 8 Frederick County Planning Commission Page 4082 Minutes of December 6, 2023 CPPA #03-23 Brockton Property Expansion of the Sewer and Water Service Area (SWSA), and Land Use Designation Change, for parcel 42-A-194. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a request to expand the SWSA and designate the future land use classification to Business. The 6-acre property is located on the southwest quadrant of the Route 522 and Route 37 interchange and across from the intersection of Route 522 and Apple Pie Ridge Road and the Zoning District is RA (Rural Areas) in the Gainesboro Magisterial District. He shared a draft SWSA and UDA Amendments zoning map. He mentioned the Route 37 West Plan changes: extend the SWSA and Rural Area to Business. Mr. Pearson presented the current Long Range Land Use map and the proposed Long Range Land Use map. Mr. Pearson explained the relevant agency comments: Frederick Water is likely able to serve the proposed use, but the developer may incur major expenses to extend the lines necessary; VDOT noted there are existing safety issues in this area currently and careful consideration of this at the rezoning stage would be appropriate; and the Historic Resources Advisory Board recommended investigating the property for remnants of the Second Winchester Battle. Staff conclusions are as follows: • Route 37 traditionally acted as the boundary for more intensive commercial and residential uses in the County. • The proposed land use designation is in keeping with existing development patterns at similar interchanges in other parts of the County. • If properties to west of this location are to be planned for commercial uses it would be prudent to evaluate them cohesively with this property (Wester Frederick Land Use Plan). David Frank of Pennoni came forward to address questions and concerns. He noted this is a viable revenue generating development area that is significantly underutilized and they are fully aware of the challenges it will present. Commissioner Orndoff asked if this would be a four-way stop light. Mr. Frank commented yes, it is currently a driveway, and it would become an improved four-way intersection and other improvements on 522 would need to occur. 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. Commissioner Thomas shared his safety concerns. He noted he feels Route 37 provides a great buffer for the UDA; he thinks the intersection would be too close to the access of Route 37 and he does not think this is a good project. Upon a motion made by Commissioner Aikens and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does recommend approval CPPA #03-23 Brockton Property expansion of the Sewer and Water Service Area (SWSA), and Land Use Designation Change, for parcel 42-A-194. 9 Frederick County Planning Commission Page 4083 Minutes of December 6, 2023 Yes: Stowe, Molden, Orndoff, Kozel, Aikens No: Brannon, Brumback, Thomas, Jewell Abstain: Manuel (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). CPPA #04-23 Sargent Property Expansion of the Urban Development Area (UDA), and Land Use Designation Change, for parcels 76-A-42 and 76-A-42A. Action – Recommend Denial Wyatt G. Pearson, Director, reported, this is a request to expand the UDA and designate the future land use classification to High Density Residential and Business land uses. The application proposes modifications to apply to approximately 122-total acres of the parcels. The 75-acre area is located on the north and south side of Tasker Road immediately east of White Oak road, with the larger parcel 76- A-42 partially bounded on the west by White Oak Road. The southern border of 76-A-42 borders the new Aylor Middle School property. The property is zoned RA (Rural Areas) and is in the Shawnee Magisterial District. He shared a draft UDA Amendment zoning map. Mr. Pearson share the Southern Frederick Area Plan changes: Extend the UDA; Mixed Use Industrial Office to High-Density Residential; Industrial to High-Density Residential; Park to Business; Industrial (some remains the same). He presented the current Long Range Land Use map and the Proposed Long Range Land Use map. Mr. Pearson explained the relevant agency comments: Frederick Water is likely able to serve the proposed use but would need further information to evaluate capacities; Frederick County Parks and Recreation would like to see the small portion of the property north of Tasker to remain designated for park uses; VDOT did not identify any significant issues with the land use designation change, further evaluation would need to be conducted during a rezoning application process; and the Historic Resources Advisory Board recommended further study of the Sherman-Rogers-Sargent House which is located on the property. Staff conclusions are as follows: • Less intensive industrial/commercial uses could serve to meet the existing comprehensive plan designation if residential is not preferred. • If residential is considered, not including an age restriction on the residential development would be prudent, and construction of a walkable connection to the adjoining school would be advisable. • Fire and Rescue has been planning for future Fire Station 22 in this general area, and it may be appropriate to add text to the plan that recognizes that. Commissioner Stowe asked if the park area that was referenced in the online comments is the small area being considered. Mr. Pearson explained the online comments were specifically directed at ensuring that the park designation north of Tasker Road remained designated as such rather than the Applicant’s request to convert it to business. David Frank of Pennoni came forward and made some clarifications. He noted the long- range planning would be a prime opportunity for Frederick County public use and traffic would be less with residential than industrial. 10 Frederick County Planning Commission Page 4084 Minutes of December 6, 2023 Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Nicholas Robb of the Opequon District spoke in favor of this application. He feels it would be a good use of the space and would like to see the park designation remain. Carl Bowman of the Shawnee District stated he is a bit concerned with the language in the text and would like the park to remain. Donald Kenney, Jr. owns the property that boards this project, and he does not feel this will be a good fit in this area. He would urge this be denied. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas and Commissioner Orndoff both commented that low density would be a better option for this project. Commissioner Manuel approves of this, and it was studied extensively at the CPPC level. Upon a motion made by Commissioner Manuel and seconded by Commissioner Molden to recommend approval. Motion to approve was denied. Yes: Stowe, Molden, Manuel, Aikens No: Brannon, Brumback, Thomas, Jewell, Orndoff, Kozel Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndorff to recommend denial BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of CPPA #04-23 Sargent Property expansion of the Urban Development Area (UDA), and Land Use Designation Change, for parcels 76-A-42 and 76-A-42A. Yes: Brannon, Brumback, Thomas, Orndoff, Jewell, Kozel No: Aikens, Manuel, Molden, Stowe (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). ------------- OTHER Commissioner Thomas presented Chairman Jewell with a resolution of appreciation. Mr. Pearson reported site plans have been approved for Winchester Cold Storage and GT Archery. He encouraged everyone to complete the survey on the website for the Western Frederick Land Use Plan. 11 Frederick County Planning Commission Page 4085 Minutes of December 6, 2023 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting was adjourned at 8:35 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 12 Planning Commission Agenda Item Detail Meeting Date: March 6, 2024 Agenda Section: Public Hearings Title: Rezoning #01-24 for Singh Trans, Inc. - (Mr. Klein) Attachments: PC03-06-24REZ01-24_Redacted.pdf 13 REZONING APPLICATION #01-24 SINGH TRANS, INC. (GAGANDEEP & M. KAUR) Staff Report for the Planning Commission Prepared: February 26, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 03/06/24 Pending Board of Supervisors: 04/10//24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/06/24 PLANNING COMMISSION MEETING: This is a request to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers to enable the development of a 11,300 square foot (SF) (tractor) trucking repair facility in the Shawnee Magisterial District. There are no outstanding issues, and the potential impacts of the proposal are sufficiently mitigated through voluntary proffers. The proposed rezoning is in general conformance with Comprehensive Plan policies. There are no outstanding comments, and the proffer statement (dated January 29, 2024) is in a legal form acceptable to the County Attorney. 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. 14 Rezoning #01-24 Singh Trans, Inc. February 26, 2024 Page 2 This report has been 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 request to rezone +/-7.60-acres from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District with proffers. LOCATION: The subject properties are generally located north of Fairfax Pike (Route 277), approximately ½ miles east of the intersection of Fairfax Pike and Hudson Hollow Road (Route 636). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 86-A-174, 86-A-175 & 86-A-176 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Unimproved South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Vacant/Unimproved West: Rural Areas (RA_ Use: Residential REVIEW EVALUATIONS: Planning & Zoning: 1) Comprehensive Plan Land Use Compatibility The Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED, 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “industrial” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). Further, the SOFRED plan identifies the subject properties within the “Route 277 Triangle – Centers of Economy” planning area. The plan states: 15 Rezoning #01-24 Singh Trans, Inc. February 26, 2024 Page 3 “The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is fully supportive of the Frederick County Economic Development Authority’s targeted goals and strategies. The intent of the mixed-use designation is to further “enhance the County’s commercial and industrial areas and to provide focus to the County’s future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations, is encouraged. Such areas are supported by substantial areas of industrial and commercial opportunity and provide areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. “ Further, the “Business Development” Chapter of the Comprehensive Plan includes several “targeted industries” for expansion of industrial land uses, this includes advanced manufacturing, headquarters and back office, professional and creative services, and agribusiness and food processing. The proposed rezoning implements a use (trucking repair facility) typically associated with the “industrial” land use designation in the Comprehensive Plan. Staff would note that the proposed rezoning application materials do not specifically address how the use supports the County’s targeted industries (identified above) or the area plan’s vision for “a mix of flexible uses” or “industrial and commercial opportunity [with] high quality architecture and site design.” In this respect, the application may not fully be consistent with the Comprehensive Plan policies. However, the rezoning, as proposed, generally implements Comprehensive Plan policies specific to future land use compatibility. 3) Site Access and Transportation The Plan also identifies transportation improvements in the vicinity of the subject properties. Fairfax Pike (Route 277) is identified as an “improved minor arterial roadway;” right-of-way will need to be reserved along the subject properties frontage to accommodate this future condition as well as any warranted turn lanes (subject to VDOT approval). The proffer statement (dated January 29, 2024) includes a dedication at time of site plan for additional right-of-way (ROW) along Fairfax Pike for future improvements. The rezoning, as proposed, generally implements Comprehensive Plan policies specific to future transportation facilities. 4) Potential Impacts & Proffers The proffer statement, dated January 29, 2024, “restricts the use of the property to only a truck repair facility and the related parking of commercial trucks for repair services.” By limiting the use of the property to only those uses studied, potential impacts to adjoining properties and roadways, is sufficiently mitigated. Further, the proffers include a $0.10 per square foot of gross floor area contribution to fire and rescue services to mitigate potential impacts to County capital facilities and services. The proffer statement is in a legal form acceptable to the County Attorney. 16 Rezoning #01-24 Singh Trans, Inc. February 26, 2024 Page 4 Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) September 21, 2024 Comments resolved. Frederick County (FC) Attorney September 25, 2023 Acceptable legal form. Frederick County Public Works September 19, 2023 Detailed review if a site plan is submitted for this potential project. 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. 17 ¬«277 86 A 176 86 A 175 86 A 174 1304FAIRFAXPIKE 1308FAIRFAXPIKE 1290FAIRFAXPIKE 201RIDINGS LN 201RIDINGS LN 1312FAIRFAXPIKE 1400FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 2 , 2024 FAIRFAX PIKEWHITE OAK RDRIDINGS LNAPPRENTICE LN¬«277 0 160 32080 Feet REZ # 01 - 24: Singh Trans, Inc.PINs: 86 - A - 174, 86 - A - 175, 86 - A - 176Rezoning from RA to M1Zoning Map REZ #01-24 REZ #01-24 REZ #01-24 18 ¬«277 86 A 176 86 A 175 86 A 174 1304FAIRFAXPIKE 1308FAIRFAXPIKE 1290FAIRFAXPIKE 201RIDINGS LN 201RIDINGS LN 1312FAIRFAXPIKE 1400FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 2 , 2024 FAIRFAX PIKEWHITE OAK RDRIDINGS LNAPPRENTICE LN¬«277 0 160 32080 Feet REZ # 01 - 24: Singh Trans, Inc.PINs: 86 - A - 174, 86 - A - 175, 86 - A - 176Rezoning from RA to M1Location Map REZ #01-24 REZ #01-24 REZ #01-24 19 ¬«277 86 A 176 86 A 175 86 A 174 1304FAIRFAXPIKE 1308FAIRFAXPIKE 1290FAIRFAXPIKE 201RIDINGS LN 201RIDINGS LN 1312FAIRFAXPIKE 1400FAIRFAXPIKE 1261FAIRFAXPIKE 1301FAIRFAXPIKE RIDINGS LNFAIRFAX PIKE Application Sewer and Water Service A rea Parcels Long R ange Land Use Industrial µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 2 , 2024 FAIRFAX PIKEWHITE OAK RDRIDINGS LNAPPRENTICE LN¬«277 0 160 32080 Feet REZ # 01 - 24: Singh Trans, Inc.PINs: 86 - A - 174, 86 - A - 175, 86 - A - 176Rezoning from RA to M1Long Range Land Use Map REZ #01-24 REZ #01-24 REZ #01-24 20 Singh Trans., Inc. Proffer Statement Page 1 of 3 PROFFER STATEMENT REZONING: RZ#: RA- Rural Areas District (+/- 1.0 acres, +/- 1.5 acres, and +/- 5.1 acres) to M-1 – Light Industrial District +/- 7.6 acres PROPERTY: 1.0 acres +/-, 1.5 acres +/-, 5.1 acres +/-; Tax Map Parcel 86-A-174,175,176, respectively RECORD OWNER: Gagandeep and Mandip Kaur APPLICANT: Singh Trans, Inc. PROJECT NAME: Singh Trans, Inc. – Trucking Repair Facility ORIGINAL DATE OF PROFFERS: January 29, 2024 REVISION DATE(S): N/A The undersigned hereby proffers that the use and development of the subject property (“Property”), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made. prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the Owner (“Owner”), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property 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 County 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 deve1opment 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 Property 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. 21 22 23 24 710 710 720720 728 7 3 0 7 3 0724726 720 720 7207 2 0 NOT APPROVED FORCONSTRUCTIONEXHIBITRacey Engineering, PLLC, 2016. All Rights Reserved. Any reuse or modification of these documents, including Drawings and Specifications (hard copy or electronic), without written verification or adaptation by Racey Engineering, PLLC is strictly prohibited.©312 WEST MAIN ST - P.O. BOX 387LURAY, VA 22835PH: (540) 743-9227 - FAX: (540) 743- 6118COMMONW E A L TH OF VI R GI NIAPROFES SIONAL E N G INEERFeet 0 40 80 16 31 25 SINGH TRANS, INC. REZONING LIGHT INDUSTRIAL DEVELOPMENT IMPACT ANALYSIS AND PROFFER STATEMENT SITE INFORMATION Location: The Parcels (Tax Map #86-A-174,175,176) fronts on northeast side of Fairfax Pike (U.S Route 277), approximately 2.25 miles east of Stephen City. Magisterial District: Shawnee District Tax Map Numbers: 86-A-174,175,176 Current Zoning: RA, Rural Areas District Current Use: Undeveloped Proposed Zoning: M-1, Light Industrial District with proffers Proposed Use: 11,300 sf transportation truck maintenance and repair shop with parking in the rear (north) of the property for trucks and/or trailers to be parked while being maintenance/repaired. There shall be no rental or storage of trailers, nor sales of any truck or trailer as part of this use. Total Rezoning Area: 7.60±-acres with proffers 26 INTRODUCTION This report has been prepared for the purpose of assessing the impact of Frederick County by the proffered rezoning of three parcels totaling approximately 7.60± acres to the M1, Light Industrial District. The subject property includes a 1.0±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-176 (West Parcel), a 1.5±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-175 (Middle Parcel), and a 5.10±-acre parcel owned by Gagandeep and Mandip Kaur identified as Tax Parcel 86-A-174 (East Parcel). The parcels are adjacent and north of Fairfax Pike (U.S Route 277) and immediately east of the Town of Stephen City (see the Location Exhibit included with this report). The proposed use is to be a 11,300 sf transportation truck maintenance and repair shop with parking in the rear (north) of the property for trucks and/or trailers to be parked while being maintenance/repaired. There shall be no rental or storage of trailers, nor sales of any truck or trailer as part of this use. Automotive repair shops are classified under SIC Major Group 753 and which the Frederick County Zoning Ordinance identifies as a permitted use in the M-1 District. In addition, Truck or fleet maintenance facilities are permitted uses as well, but do not have a SIC classification. The parcels will be consolidated as part of the rezoning or site plan process as necessary for the proposed site development. SURROUNDING PROPERTIES Adjoining property zoning and present use, North Parcel (Tax Map #86-A-1): North: Tax Map #86-A-1; RA, Rural Area District Use: Undeveloped East: Tax Map #86-A-177; RA, Rural Area District Use: Undeveloped West: Tax Map #86-A-173; RA, Rural Area District Use: Residential South: Tax Map #86-A-179A; RA, Rural Area District Use: Accessory Building Tax Map #86-A-179; RA, Rural Area District Use: Accessory Building Tax Map #86-A-180; RA, Rural Area District Use: Residential TRANSPORTATION The proposed use will not have any measurable impact on the external road network serving the subject property. There are 31 proposed parking spaces available for tractor trailer parking while in the service queue. A standard, full-movement commercial entrance is proposed and will be the primary point of ingress and egress for both employees, incoming parts delivery, and customers. 27 SEWAGE CONVEYANCE AND TREATMENT Public sewer is not available at the subject parcels and would require a force main ran to the west to White Oaks Road and possible pump station upgrade. In discussions with Frederick Water, who is the provider of public sewer service within the area of the County, a private, on-site sewage dispersal system will be allowed for the proposed use. The activities proposed by the repair maintenance shop has required an approximate 85’ x 85’ dripfield with an alternative septic system design, which was found on-site. The Soil Work was completed by Heltzel Soil Consulting and is included as an attachment. The final design of the alternative septic system will be provided during the site plan phase and approved by VDH. WATER SUPPLY The subject parcels 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 the area of the County. The proposed use will require water service to serve the bathroom and office area of the repair/maintenance facility, and there is water available at the site on the opposite side (South) of Fairfax Pike. A directional bore will likely be required to tie into the existing water main. SITE DRAINAGE Topographic relief generally follows an east to west pattern that directs drainage towards the western portion 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. ENVIRONMENTAL FEATURES Floodplain: There are no areas of floodplain on the subject properties or in the vicinity of the project. Wetlands and Streams: There are no wetlands areas or streams on the subject properties as demonstrated on the National Wetlands Inventory (NWI) Map information, or from information identified in the Frederick County GIS Database. 28 Steep Slopes: There appears to be no areas of steep slopes on the subject properties as defined by the Frederick County Zoning Ordinance. HISTORIC RESOURCES There are no significant historic resources on the subject properties or in the vicinity of the project. IMPACT ON COMMUNITY FACILITIES The proposed rezoning recognizes a potential increase in services for the Frederick County Fire and Rescue Services. Consequently, the proffer statement associated with this application secures a provision for a $0.10 per building square foot monetary contribution, specifically directed to the Frederick County Fire and Rescue Services. [rest of page left intentionally blank] 29 Mr. Cheran, A VDOT Review of the proposed Rezoning for Singh Trans, Inc. has been completed. The application is proposing to rezone Parcels identified as TM # 86-A-174, 86-A-175 and 86-A-176 from RA, Rural Area to M-1, Light Industrial. We offer the following comments: • Proffer # 2.1 states: “The owner shall dedicate additional right-of-way to VDOT along Fairfax Pike as necessary to conduct future road improvements for the Fairfax Pike-Route 277 Corridor. Said right-of-way shall be dedicated within 90 days of receiving written notice from VDOT.” Consideration should be given to defining the roadway improvements and dedication of the right -of-way at the time of site plan, instead of within 90 days of receiving written notice from VDOT. • The application references a proposed use of a 11,300 sf transportation truck maintenance and repair shop. However, the applicant has not proffered out other uses allowed by-right in M-1 zoning district. With no restrictions proposed on the use, the highest and best use of M-1 zoning will be used for traffic generation assumptions on these parcels. • The impact analysis states: “The proposed use will not have any measurable impact on the external road network serving the subject property. There are 31 proposed parking spaces available for tractor trailer parking while in the service queue, which would not increase the current tractor trailer truck traffic currently on Fairfax Pike (U.S. Route 277).” A repair facility will likely generate truck trips that would not otherwise be on Route 277. Therefore, this statement is not factually correct. We appreciate the opportunity to review and comment on this rezoning application request. If the applicant or the County has any questions or would like to discuss, please feel free to contact me. Thank you, 30 Timothy Rhodes Land Development Engineer/ Edinburg Virginia Department of Transportation 540-534-3206 timothy.rhodes@VDOT.Virginia.gov 31 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us September 25, 2023 VIA E-MAIL Mr. Tyler Austin Racey Engineering 312 West Main Street Luray, Virginia 22835 Re: Rezoning Application – Singh Trans Tax Parcel Numbers 86-A-174, 86-A-175, and 86-A-176 (the “Property”) Dear Mr. Austin: You have submitted to Frederick County for review a proposed proffer statement (the “Proffer Statement”) for the proposed rezoning of the Property, 7.6± acres in the Shawnee Magisterial District, from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that 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, subject to the following comments: Parcel numbers/adjoiners – On the application form, the initial two digits of the adjoiner parcel numbers are incorrect; it shows as 87 and should be 86. The same is also true for the parcel numbers shown for the Property on the power of attorney form. With respect to the adjoiner list, the “B” should be deleted from the end of the parcel number for the Carlson parcel. As well, it may be prudent to add parcel numbers 86-A-179A (also owned by Carlson) and 86-A-180, both being diagonally across Fairfax Pike from the Property, to the adjoiner list. Introductory paragraph - The paragraph contains an erroneous reference to B2 zoning. As well, there is an extraneous period near the end of the first sentence. Proffer 1.1 – Staff should be aware that, relative to the impact analysis, other than the restriction on sale, rental, and storage of commercial trucks and trailers, the Proffer Statement does not otherwise exclude any specific uses. Also, I note that the applicant 32 Mr. Tyler Austin September 25, 2023 Page 2 has tendered a concept plan document but has not proffered that as a generalized development plan. Proffer 2.1 – To avoid any ambiguity, it may be best to specify any limits of the extent of the right-of-way dedication. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) 33 34 To be completed by Planning Staff: Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1.Property Owner(s) (please attach additional page(s) if more than two owners): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2.Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3.Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 12 01-24 01/31/24 10,760.00 03/06/202403/27/2024 35 4.Project Name (if any): 5.Property Information: a.Property Identification Number(s): b.Total acreage of the parcel(s): c.Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d.Current zoning designation(s) and acreage(s) in each designation: e.Proposed zoning designation(s) and acreage(s) in each designation: f.Magisterial District(s): g.Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): h.Adjoining Properties: Parcel ID Number Use Zoning Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 36 6.Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7.Checklist. Please check that the following items have been included with this application: □Location Map □Plat Depicting Metes/Bounds of Proposed Zoning □Impact Analysis Statement □Proffer Statement (if any) □Agency Comments □Fee □Copies of Deed(s) to Property(ies) □Tax Payment Verification □Digital copies (pdf’s) of all submitted items 14 37 38 16 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # ADJOINING PROPERTY OWNERS 39 86 40 41 42 43 44 45 46 RE2023 9330002 5.10 ACRES $244.29 $24.43 $4.48 $273.20 $0.00KAUR GAGANDEEP C. William Orndoff, Jr., MGT County Treasurer Deputy Treasurer Operations Angela Fritts WhitacreMGDT Deputy Treasurer R.Wayne Corbett, MGDT www.fredtax.com Fax 540/662-5838 540/665-5607 Winchester, Virginia 22604-0225 P.O BOX 225 Office of TreasurerCOUNTY of FREDERICK Online Tax Payment Receipt Below is the receipt for your Electronic Payment you made today, Please save this for your records: Transaction Number: $273.20 79248 Total Taxes Paid: Convenience Fee:$0.00 Electronic Check Total:$273.20 Please Allow 24 Business Hours for payment to be processed. Dept Ticket# Principal Paid Penalty Paid Interest PaidDescription Total Paid Payment Date: Principal Balance Electronic CheckPayment Type: Payment Date - 1/6/2024 3:23:32 PM 47 RE2023 9340002 1.50 ACRES $180.54 $18.05 $3.31 $201.90 $0.00KAUR GAGANDEEP C. William Orndoff, Jr., MGT County Treasurer Deputy Treasurer Operations Angela Fritts WhitacreMGDT Deputy Treasurer R.Wayne Corbett, MGDT www.fredtax.com Fax 540/662-5838 540/665-5607 Winchester, Virginia 22604-0225 P.O BOX 225 Office of TreasurerCOUNTY of FREDERICK Online Tax Payment Receipt Below is the receipt for your Electronic Payment you made today, Please save this for your records: Transaction Number: $201.90 79249 Total Taxes Paid: Convenience Fee:$0.00 Electronic Check Total:$201.90 Please Allow 24 Business Hours for payment to be processed. Dept Ticket# Principal Paid Penalty Paid Interest PaidDescription Total Paid Payment Date: Principal Balance Electronic CheckPayment Type: Payment Date - 1/6/2024 3:28:18 PM 48 RE2023 9350002 1.00 ACRE $165.75 $16.58 $3.04 $185.37 $0.00KAUR GAGANDEEP C. William Orndoff, Jr., MGT County Treasurer Deputy Treasurer Operations Angela Fritts WhitacreMGDT Deputy Treasurer R.Wayne Corbett, MGDT www.fredtax.com Fax 540/662-5838 540/665-5607 Winchester, Virginia 22604-0225 P.O BOX 225 Office of TreasurerCOUNTY of FREDERICK Online Tax Payment Receipt Below is the receipt for your Electronic Payment you made today, Please save this for your records: Transaction Number: $185.37 79251 Total Taxes Paid: Convenience Fee:$0.00 Electronic Check Total:$185.37 Please Allow 24 Business Hours for payment to be processed. Dept Ticket# Principal Paid Penalty Paid Interest PaidDescription Total Paid Payment Date: Principal Balance Electronic CheckPayment Type: Payment Date - 1/6/2024 3:30:30 PM 49 Planning Commission Agenda Item Detail Meeting Date: March 6, 2024 Agenda Section: Action Items Title: Rezoning #06-23 for Winchester Gateway, LLC - (Mr. Klein) Attachments: PC03-06-24REZ06-23_Redacted.pdf 50 REZONING APPLICATION #06-23 WINCHESTER GATEWAY, LLC Staff Report for the Planning Commission Prepared: February 28, 2023 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 01/03/24 Tabled for 60-days (Public Hearing) Planning Commission 02/21/24 Work Session Planning Commission 03/06/24 Pending (Action Item) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/06/24 PLANNING COMMISSION MEETING: This is a request to rezone approximately +/- 34.26-acres of a +/-71.85-acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The Planning Commission held a public hearing on the proposed rezoning on January 3, 2024, and tabled action for 60 days. The Planning Commission held a subsequent work session with the applicant to discuss the proposed rezoning on February 21, 2024. A revised proffer statement (February 27, 2024), a generalized development plan (GDP, January 28, 2024), and an Apple Valley Road Illustrative Exhibit (February 27, 2024) have been submitted by the applicant to address stated concerns from the Planning Commission. The following revisions and additions to the proposed rezoning have been made: • All buildings within 500-feet (FT) of Apple Valley Road shall not have loading docks facing the road. • Additional screening measures are provided along the property frontage with Apple Valley Road including a 6-FT tall earthen berm with 6-FT evergreen trees plus a 10-FT wide landscape strip between the berm and road that includes a mix of deciduous trees, evergreen trees, and shrubs. • Restrict the height of all buildings and ancillary structures within 1000-FT of Apple Valley Road to 60-FT in height. Roof top mechanical equipment would not be subject to the height restriction. • Requirement for high quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels. • Restrict site lighting to 25-FT in height within 400-FT of Apple Valley Road. • Restrict noise levels from on-site activities to no more than 60 dBA at the property boundary with Apple Valley Road, and apply noise attenuation measures including low noise fans, compressor and oil separator acoustic wraps, and acoustically rates louver walls. • Prohibit outdoor processing activities on the property. • Construct of no more than two (2) full movement entrances on to Apple Valley Road and to construct road improvement from Middle Road along the property frontage to the limits of the development consistent with the existing three (3) lane segment to the east of the property (two 51 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 2 travel lanes plus a center turn lane). • Prohibit regional criminal justice, enforcement, and detention facilities from allowed uses. • Remove inter-parcel access with the Blackburn Commerce Center to the east. Staff notes the following items remain unresolved and should be brought to the attention of the Planning Commission for additional consideration: • The applicant has put forth several enhanced performance standards that exceed zoning ordinance requirements to mitigate potential impacts. However, the site may develop with any of the other allowed uses in the M1 Zoning District, some of which could have a negative impact (noise, odor, glare vibrations) beyond those identified in the Impact Analysis Statement on adjoining residential uses and historic resources. Only one (1) proffered use restriction has been proposed (regional criminal justice, enforcement, and detention facilities). Staff would note that the Board adopted a revision to the allowed uses table for the M1 District (November 2023) and expanded the allowed uses table for the M1 district to include Storage Batteries and Primary Battery Manufacturing, and Waste Management & Remediation Services limited to glass, cardboard, and plastics recycling and excluding incinerators. • The proffer statement does not address pedestrian accommodation along the improved frontage. A “Typical Section” detail included on the Generalized Development Plan (GDP) does not include pedestrian accommodations to match the existing roadway cross section to the east. Pedestrian access is required by the Zoning Ordinance for all new development (§165-202). If it is the intent of the owner to provide the pedestrian facility along the roadway, it should be stated in the proffers and shown on the GDP. Additionally, the proffer statement does not include a cash proffer contribution for transportation improvements in the vicinity of the project site (consistent with adjoining Blackburn Commerce Center rezoning for off-site improvements) or a future right-of- way (ROW) reservation for the full four (4) lane section of Apple Valley Road. The proposed rezoning generally implements uses typically associated with an “industrial” land use designation in the Comprehensive Plan. The proffer statement, revised February 27, 2024, is in legal form acceptable to the County Attorney. Following a discussion, 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. 52 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 3 This report has been prepared by the Frederick County Planning Staff to provide information to the Planning Commission 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 request to rezone approximately +/- 34.26- acres of a 71.85+/- acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. Staff would note the proposed proffer statement would replace the proffers approved with REZ #01-15 (Blackburn Commerce Center) for the existing M1 portion of the property. LOCATION: The subject property is located at the intersection of Apple Valley Road and Middle Road and is bounded by Route 37 to the west. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-80I PROPERTY ZONING: RA (Rural Areas) & M1 (Light Industrial) PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Church/Residential/Agricultural South: M1 (Light Industrial) Use: Warehouse/Distribution East: RP (Residential Performance) Use: Residential (single-family detached) West: Route 37/RA Use: Roadway/Agricultural REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject property was previously rezoned through rezoning (REZ) application #01-15 (Blackburn Commerce Center). A +/-34.26-acre portion of the tract included in the Blackburn rezoning was left split zoned RA (Rural Areas) and M1 (Light Industrial) Districts. At the time of the rezoning, the RA zoned portion of the subject property was intended to remain undisturbed along Apple Valley Road to serve as a buffer between existing residential uses and Kernstown Battlefield to the east and future industrial uses to the west. 2) Comprehensive Plan Land Use Compatibility The Comprehensive Plan and the Kernstown Area Plan (adopted 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with an “industrial” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA)(see Land Use Plan map on next page). Further, the Kernstown Area Plan 53 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 4 identifies the subject property within the “Shady Elm Economic Development Area.” As described in the plan: “The Shady Elm Economic Development Area is designed to be a significant area of commercial/industrial (C/I) opportunity that is fully supportive of the Frederick County Economic Development Authority’s targeted goals and strategies. The intent of the industrial designation is to further enhance the County’s C/I areas and to provide focus to the County’s future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations, is encouraged. Such areas are supported by substantial areas of C/I opportunity and provide for areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image.” The proposed rezoning generally implements uses typically associated with an “industrial” land use designation in the Comprehensive Plan. The revised proffer statement (February 27, 2024) also seeks to address area plan policies specific to the “Shady Elm Economic Development Area” including requiring the use of high-quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5). 54 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 5 3) Site Access and Transportation Apple Valley Road (Route 651/652) is identified in the Comprehensive Plan/Eastern Road Plan as an “improved minor collector” roadway (a future four (4) lane segment). The Kernstown Area Plan states that the plan goal is “an acceptable level of service on area roads and overall transportation network, level of service C or better. The rezoning application proposal limits the number of commercial entrances on Apple Valley Road to two (2) and requires construction of road improvement along the property frontage from Middle Road to the southern property line consistent with the existing three (3) lane segment to the east of the property in front of the existing Blackburn Commerce Center (two travel lanes plus a center turn lane). A “Typical Section” detail included on the Generalized Development Plan (GDP) does not include pedestrian accommodations to match the existing roadway cross section to the east. Pedestrian access is required by the Zoning Ordinance for all new development (§165-202). The revised proffer statement and GDP generally implements Comprehensive Plan and Eastern Road Plan policies for the future condition of Apple Valley Road as an improvement minor collector roadway. However, the proposal does not address pedestrian accommodations along the roadway or a future right-of-way (ROW) reservation for the full four (4) lane section of Apple Valley Road. Off-site impacts at the intersection with Shady Elm Road and Route 11, including vehicle stacking at the signals, are also not addressed. 55 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 6 4) Proffers Statement & Impact Mitigation The proffer statement, revised February 27, 2024, proposes the following (staff comments also provided): Site Development • Substantial conformance with the referenced Generalized Development Plan dated January 28, 2024 (Proffer 1.1). • All buildings within 500-feet (FT) of Apple Valley Road should not have loading docks facing the road (Proffer 1.2) • Provide additional screening measures along the property frontage with Apple Valley Road including a 6-FT tall berm with 6-FT evergreen trees plus a 10-FT wide landscape strip between the berm and road that includes a mix of deciduous trees, evergreen trees, and shrubs (Proffer 1.3) • Restrict the height of all buildings and ancillary structures within 1,000-FT of Apple Valley Road to 60-FT in height. Roof top mechanical equipment would not be subject to the height restriction (Proffer 1.4) Staff Comment on Proffer 1.4: If the purpose of the height restriction is to protect the viewshed from the battlefield and better address Historic Resource Advisory Board (HRAB) comments, allowing structures to potentially exceed the 60-FT height restriction outside of 1,000-FT from the road does not appear to meet the full intent of limiting building height. • Requirement for high quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5) Staff Comment on Proffer 1.5. If the intent of the proffer is to provide a “high quality architectural standard” listing all likely building materials does not achieve that end. “Quality metal panels” is not defined or specific enough to be meaningful. The applicant should consider limiting the exterior treatment to wood, brick, stone, glass, and architectural concrete masonry. • Restrict site lighting to 25-FT in height within 400-FT of Apple Valley Road (Proffer 1.6) • Restrict noise levels from on-site activities to no more than 60 dBA at the property boundary with Apple Valley Road (Proffer 1.7), and apply noise attenuation measures including low noise fans, compressor and oil separator acoustic wraps, and acoustically rates louver walls (Proffer 1.8). Staff Comment on Proffer 1.7 & 1.8: The Zoning Ordinance specifies “in the M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed 75 dba (A scale).” As proposed, the allowed noise levels for the site would be 15 dBA less than the Zoning Ordinance standard. However, staff would note that the enforceability of requirements that specify a dBA limit at the property line has been difficult in the past. 56 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 7 • Prohibit outdoor processing activities on the property (Proffer 1.9). Staff Comment on Proffer 1.9: Prohibiting outdoor processing activities may significantly reduce outdoor noise, vibration and odor and limit impact of potential uses on adjoining properties and residences. Transportation • Construct of no more than two (2) full movement entrances on to Apple Valley Road and to construct road improvement along the property frontage from Middle Road to the limits of the property consistent with the existing three (3) lane segment to the east of the property (two travel lanes plus a center turn lane) (Proffer 2.1). Staff Comment on Proffer 2.1: The revised proffer does address staff and VDOT comments regarding making transportation improvements along the entire property frontage. However, the proffer statement does not address pedestrian accommodation along the improved frontage. A “Typical Section” detail included on the Generalized Development Plan (GDP) does not include pedestrian accommodations to match the existing roadway cross section to the east. Pedestrian access is required by the Zoning Ordinance for all new development (§165-202). If it is the intent of the owner to provide the pedestrian facility along the roadway, it should be stated in the proffers and shown on the GDP. Additionally, the proffer statement does not include a cash proffer contribution for transportation improvements in the vicinity of the project site (consistent with adjoining Blackburn Commerce Center rezoning for off-site improvements) or a future right-of-way (ROW) reservation for the full four (4) lane section of Apple Valley Road. Limited Uses • Prohibit regional criminal justice, enforcement, and detention facilities from the allowed uses (Proffer 3.1). Staff comment on Proffer 3.1: The applicant has proposed several enhanced performance standards that exceed zoning ordinance requirements to mitigate potential impacts. However, the site may develop with any of the other allowed uses in the M1 Zoning District, some of which could have a negative impact (noise, odor, glare vibrations) beyond those identified in the Impact Analysis Statement on adjoining residential uses and historic resources. Only one (1) proffered use restriction has been proposed. Staff would note that the Board adopted a revision to the allowed uses table for the M1 District (November 2023) and expanded the allowed uses table for the M1 district to include Storage Batteries and Primary Battery Manufacturing, and Waste Management & Remediation Services limited to glass, cardboard, and plastics recycling and excluding incinerators. Fire and Rescue • Monetary contribution of $0.10 per square foot for any building constructed on the property (Proffer 4.1). 57 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 8 Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) October 13, 2023 December 5, 2023 Comments addressed. Frederick County (FC) Attorney February 28, 2024 Acceptable legal form. Frederick-Winchester Health Department (VDH) August 24, 2023 No objections. FC Public Works September 19, 2023 No comments. FC Fire Marshal September 9, 2023 No comments. FC Parks & Recreation September 8, 2023 No comments. Frederick Water August 29, 2023 Caution to be exercised during design and development due to existing water and sewer infrastructure along Apple Valley Road. Frederick County Public Schools (FCPS) September 15, 2023 No comments. City of Winchester October 11, 2023 No comments. Historic Resources Advisory Board (HRAB) September 20, 2023 Comments addressed PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/03/24 MEETING: The Planning Commission held a public hearing on January 3, 2024. The Planning Commissioners expressed several concerns with the proposed rezoning and directed the applicant to come back with a revised application. The applicant was to address: design and architectural standards for buildings, including specifying the type of building materials and limiting the height of all structures to 60-feet (FT); clarifying which M1 (Light Industrial) Zoning District uses would be allowed and proffering out uses that would have a detrimental impact on adjoining residential property; further analyzing traffic impacts on Apple Valley Road, Middle Road, and the intersections of Apple Valley Road/Route 11 and Apple Valley Road/Middle Road; extending the widening of Apple Valley Road along the length of the entire property frontage; inter-parcel access with the Blackburn Commerce Center; buffers and screening and providing a higher standard to protect neighboring residences; and reducing industrial noise created on-site. Two (2) members of the public spoke in opposition to the proposed application. The speakers expressed concerns with increased truck traffic west of the existing industrial area on Apple Valley Road, noise from potential new industrial uses, and stated the proposed buffer and existing vegetation was insufficient to screen the use from adjoining residences. The Planning Commission unanimously recommended the rezoning application be tabled for 60 days and that the applicant work to improve the application and address their stated concerns. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/24 WORK SESSION: The Planning Commission held a work session with staff and the applicant on the rezoning 58 Rezoning #06-23 Winchester Gateway, LLC February 28, 2023 Page 9 application on February 21, 2024, to discuss the comments and concerns from January 3rd public hearing and the applicant’s response to those issues identified. The primary discussion at the work session was how the applicant could better address stated concerns prior to the Planning Commission meeting on March 6th, specifically to address road improvements, use restrictions, performance standards for certain uses, and buffers and screening. Following a discussion, 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. 59 COCA COLABUSINESS PARKSubdivision SEWELL &ROYSTONSubdivision ¬«37 63 A 80I 3735MIDDLE RD 351APPLEVALLEY RD 331APPLEVALLEY RD 260SHADYELM RD 321APPLEVALLEY RD 170SHADYELM RD 332APPLE VALLEY RD 336APPLEVALLEY RD 452APPLEVALLEY RD 472APPLE VALLEY RD 482APPLE VALLEY RD 492APPLE VALLEY RD 512APPLE VALLEY RD 502APPLE VALLEY RD 536APPLE VALLEY RD 520APPLEVALLEY RD 3426MIDDLE RD 554APPLE VALLEY RD 572APPLEVALLEY RD 564APPLE VALLEY RD 136JORDAN DR 116JORDAN DR 592APPLEVALLEY RD 3362MIDDLE RD 610APPLE VALLEY RD602APPLEVALLEY RD 3075MIDDLE RD3346MIDDLE RD 3352MIDDLE RD 632APPLEVALLEY RD 2877MIDDLE RD 3323MIDDLE RD 652APPLEVALLEY RD 640APPLEVALLEY RD 3322MIDDLE RD 3217MIDDLE RD 3210MIDDLE RD 3155MIDDLE RD 3175MIDDLE RD 3161MIDDLE RD MIDDLE RDAPPLE VALLEY RD Application Sewer and Water Service A rea Parcels M1 (Light Industrial District) RP (Residential P erform ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 14, 2023 Winchester MIDDLE RDJONES RDAPPLE VALLEY RD VALLEY PIKESHADY ELM RDSTUART DR ROSEWOOD LNLANGHORNE DR¬«37 ¬«37 0 620 1,240310 Feet REZ # 06 - 23: Winchester GatewayPIN: 63 - A - 80IRezoning from RA to M1Zoning Map REZ #06-23 60 COCA COLABUSINESS PARKSubdivision SEWELL &ROYSTONSubdivision ¬«37 63 A 80I 3735MIDDLE RD 351APPLEVALLEY RD 331APPLEVALLEY RD 260SHADYELM RD 321APPLEVALLEY RD 170SHADYELM RD 332APPLE VALLEY RD 336APPLEVALLEY RD 452APPLEVALLEY RD 472APPLE VALLEY RD 482APPLE VALLEY RD 492APPLE VALLEY RD 512APPLE VALLEY RD 502APPLE VALLEY RD 536APPLE VALLEY RD 520APPLEVALLEY RD 3426MIDDLE RD 554APPLE VALLEY RD 572APPLEVALLEY RD 564APPLE VALLEY RD 136JORDAN DR 116JORDAN DR 592APPLEVALLEY RD 3362MIDDLE RD 610APPLE VALLEY RD602APPLEVALLEY RD 3075MIDDLE RD3346MIDDLE RD 3352MIDDLE RD 632APPLEVALLEY RD 2877MIDDLE RD 3323MIDDLE RD 652APPLEVALLEY RD 640APPLEVALLEY RD 3322MIDDLE RD 3217MIDDLE RD 3210MIDDLE RD 3155MIDDLE RD 3175MIDDLE RD 3161MIDDLE RD MIDDLE RDAPPLE VALLEY RD Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 14, 2023 Winchester MIDDLE RDJONES RDAPPLE VALLEY RD VALLEY PIKESHADY ELM RDSTUART DR ROSEWOOD LNLANGHORNE DR¬«37 ¬«37 0 620 1,240310 Feet REZ # 06 - 23: Winchester GatewayPIN: 63 - A - 80IRezoning from RA to M1Location Map REZ #06-23 61 COCA COLABUSINESS PARKSubdivision SEWELL &ROYSTONSubdivision ¬«37 63 A 80I 3735MIDDLE RD 351APPLEVALLEY RD 331APPLEVALLEY RD 260SHADYELM RD 321APPLEVALLEY RD 170SHADYELM RD 332APPLE VALLEY RD 336APPLEVALLEY RD 452APPLEVALLEY RD 472APPLE VALLEY RD 482APPLE VALLEY RD 492APPLE VALLEY RD 512APPLE VALLEY RD 502APPLE VALLEY RD 536APPLE VALLEY RD 520APPLEVALLEY RD 3426MIDDLE RD 554APPLE VALLEY RD 572APPLEVALLEY RD 564APPLE VALLEY RD 136JORDAN DR 116JORDAN DR 592APPLEVALLEY RD 3362MIDDLE RD 610APPLE VALLEY RD602APPLEVALLEY RD 3075MIDDLE RD3346MIDDLE RD 3352MIDDLE RD 632APPLEVALLEY RD 2877MIDDLE RD 3323MIDDLE RD 652APPLEVALLEY RD 640APPLEVALLEY RD 3322MIDDLE RD 3217MIDDLE RD 3210MIDDLE RD 3155MIDDLE RD 3175MIDDLE RD 3161MIDDLE RD MIDDLE RDAPPLE VALLEY RD Application Sewer and Water Service A rea Parcels Long R ange Land Use Residential Industrial Sensitive Natural Areas Institutional µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 14, 2023 Winchester MIDDLE RDJONES RDAPPLE VALLEY RD VALLEY PIKESHADY ELM RDSTUART DR ROSEWOOD LNLANGHORNE DR¬«37 ¬«37 0 620 1,240310 Feet REZ # 06 - 23: Winchester GatewayPIN: 63 - A - 80IRezoning from RA to M1Long Range Land Use Map REZ #06-23 62 PROFFER STATEMENT REZONING: RZ# _____________ Rural Areas (RA) and Light Industrial (M1) to Light Industrial (M1) Previously approved rezoning application #01-15 PROPERTY: 71.85 Acres +/-; Tax Map Parcel 63-A-80I (the “Property”) RECORD OWNER: Winchester Gateway LLC (“Owner”) ORIGINAL DATE OF PROFFERS: August 23, 2023 REVISION DATE(S): November 28, 2023; February 27, 2024 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 Property that may have been made prior hereto. In the event that the above-referenced M1 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 Property 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 Property 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. Site Development 1.1 Owner proffers to develop the Property in substantial conformance with the Generalized Development Plan for Blackburn Property RezoningWinchester Gateway dated May 15, 2023January 26, 2024 by Greenway Engineering which is attached hereto and incorporated herein by reference as “Exhibit A” (“GDP”). 1.2 Development of the Property shall include the following building restrictions: 63 2 All loading docks shall be screened from view from all adjacent properties zoned RA and RP.All buildings on the Property within five hundred (500) feet of Apple Valley Road shall not have loading docks facing Apple Valley Road. 1.3 Development of the Property shall include the following landscape design features: Owner proffers to install a green space buffer between Apple Valley Road and the existing pond. The buffer will extend two hundred (200) feet from the edge of Apple Valley Road. The green space buffer is to be left undisturbed and remain in its natural state. Inshall include the event there exists a screening gapberms and plantings which are further described in the existing vegetation, plantsattached and treesincorporated GDP. All of the plantings described on the above- referenced GDP shall be of native species shall be planted in said gap. . The green space buffer may only be disturbed for installation and maintenance of utilities, and maintenance of the vegetation. The green space buffer shall be in generalsubstantial conformance with the location shownand quality depicted on the GDP. 1.4 The maximum height for all primary and ancillary structures will be sixty (60) feet within a distance of one thousand (1000) feet of Apple Valley Road. Roof top mechanical equipment is not subject to the sixty (60) foot height restriction. 1.5 The primary building material for all buildings on the Property shall be stone, wood, brick, architectural concrete masonry unit (e.g. regal stone, split face, precision ground face), precast concrete panels and EIFS (exterior insulation and finish systems), or metal panel of architectural grade and quality. 1.6 All freestanding lights within four hundred (400) feet of Apple Valley Road shall be mounted on poles with a maximum height of twenty-five (25) feet. 1.7 Noise levels from any activities generated on the Property shall not exceed sixty (60) dBA at the boundary line of the Property with Apple Valley Road. 1.8 Owner proffers that uses on the Property shall practice and apply noise attenuation measures, including low noise emission fans, compressor and oil separator acoustic wraps, and acoustically rated louver walls. 1.9 Owner proffers there shall be no outdoor processing on the Property. 2. Transportation 2.1 Owner proffers to construct not more than two full-movements entrances on Apple Valley Road in general conformance with the locations shown on the GDP. Owner also proffers to construct road improvements along Apple Valley Road which are generally consistent with the road improvements that were installed to the M1 property immediately adjacent to the westeast. This would include paving of two full lanes of travel with a center turn lane. It is anticipated that the from Middle Road and tie in to the existing three lane section which has been installed by the property owner immediately to the east of the Property. Said road improvementsimprovement shall be installed to the constructed on or before the issuance of the first entrance for the Property, which 64 3 would be the westernmost entrance. In the event the second entrance is required to be installed, Owner proffers to install the aforementioned three lane road improvements on Apple Valley Road to the second entrance and at such time as a certificate of occupancy is issued for any industrial building constructed on the Property which pursuant to the ITE Manual generates more than two thousand VPD. Owner does not proffer to build any additional road improvements to extend across the remaining portions of Apple Valley Road to its intersection with Middle Road. . 3. Limited Uses 3.1 Owner proffers that the Property shall not be developed for regional criminal justice, enforcement and detention facilities. 4. Fire and Rescue 34.1 Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building constructed on the Property. 45. Escalator 45.1 In the event the monetary contributions set forth in these Proffers are paid to Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers 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 six percent (6%) per year, non-compounded. [remainder of page intentionally left blank] 65 4 Respectfully submitted, WINCHESTER GATEWAY LLC By: Winchester Advisors LLC Its: Manager By: Darius E. Saeidi Its: Manager STATE/COMMONWEALTH OF _________, AT LARGE CITY/COUNTY OF ____________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 20232024, by Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager of WINCHESTER GATEWAY LLC. ____________________________________ NOTARY PUBLIC My commission expires: ______________________ Registration number: 66 PROFFER STATEMENT REZONING: RZ# _____________ Rural Areas (RA) and Light Industrial (M1) to Light Industrial (M1) Previously approved rezoning application #01-15 PROPERTY: 71.85 Acres +/-; Tax Map Parcel 63-A-80I (the “Property”) RECORD OWNER: Winchester Gateway LLC (“Owner”) ORIGINAL DATE OF PROFFERS: August 23, 2023 REVISION DATE(S): November 28, 2023; February 27, 2024 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 Property that may have been made prior hereto. In the event that the above-referenced M1 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 Property 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 Property 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. Site Development 1.1 Owner proffers to develop the Property in substantial conformance with the Generalized Development Plan for Winchester Gateway dated January 26, 2024 by Greenway Engineering which is attached hereto and incorporated herein by reference as “Exhibit A” (“GDP”). 1.2 Development of the Property shall include the following building restrictions: 67 2 All loading docks shall be screened from view from all adjacent properties zoned RA and RP. 1.3 Development of the Property shall include the following landscape design features: Owner proffers to install a green space buffer between Apple Valley Road and the existing pond. The buffer will extend two hundred (200) feet from the edge of Apple Valley Road. The green space buffer is to be left undisturbed and remain in its natural state. In the event there exists a screening gap in the existing vegetation, plants and trees of native species shall be planted in said gap. The green space buffer may only be disturbed for installation and maintenance of utilities, and maintenance of the vegetation. The green space buffer shall be in general conformance with the location shown on the GDP. 2. Transportation 2.1 Owner proffers to construct not more than two full-movements entrances on Apple Valley Road in general conformance with the locations shown on the GDP. Owner also proffers to construct road improvements along Apple Valley Road which are generally consistent with the road improvements that were installed to the M1 property immediately adjacent to the west. This would include paving of two full lanes of travel with a center turn lane. It is anticipated that the road improvements shall be installed to the first entrance for the Property, which would be the westernmost entrance. In the event the second entrance is required to be installed, Owner proffers to install the aforementioned three lane road improvements on Apple Valley Road to the second entrance and at such time as a certificate of occupancy is issued for any industrial building constructed on the Property which pursuant to the ITE Manual generates more than two thousand VPD. Owner does not proffer to build any additional road improvements to extend across the remaining portions of Apple Valley Road to its intersection with Middle Road. 3. Fire and Rescue 3.1 Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of $0.10 per square foot of any future building constructed on the Property. 4. Escalator 4.1 In the event the monetary contributions set forth in these Proffers are paid to Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers 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 six percent (6%) per year, non-compounded. 68 3 [remainder of page intentionally left blank] 69 4 Respectfully submitted, WINCHESTER GATEWAY LLC By: Winchester Advisors LLC Its: Manager By: Darius E. Saeidi Its: Manager STATE/COMMONWEALTH OF _________, AT LARGE CITY/COUNTY OF ____________, to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________, 2023, by Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager of WINCHESTER GATEWAY LLC. ____________________________________ NOTARY PUBLIC My commission expires: ______________________ Registration number: 70 EX. Zoning Boundary (M1 & RA) Property Line Wetland "A" Delineated Wetland "DE" Wetland "FG" Off-Site Wetland "BC" Delineated Wetland "BC" Delineated Wetland "DE" Delineated Wetland "BC" Off-Site Wetland "BC" Delineated Wetland "BC" Delineated Wetland "HI" Spring 75' BRL 75 ' B R L 25' BRL 25' BRLEx. 10" D.I.P. W/L Ex. 10" D.I.P. W/L Ex. 8" D.I.P. W/L Ex. Fire Hydrant (F-182) Static Pressure = 68 PSI Static Pressure = 1,233 GPM Residual Pressure = 54 PSI Test Date: 04/24/2007 Ex. Fire Hydrant (F-183) Static Pressure = 62 PSI Static Pressure = 1,198 GPM Residual Pressure = 51 PSI Test Date: 08/13/2012 Ex. Fire Hydrant (F-184) Static Pressure = 50 PSI Static Pressure = 1,140 GPM Residual Pressure = 46 PSI Test Date: 02/15/2005 Ex. 10" D.I.P. W/L FW 20" WL - ARV 200' ROADCORRIDOR BUFFERWITH ENHANCEDLANDSCAPING(SEE DETAIL)200' ROAD CORRIDOR BUFFER WITH ENHANCED LANDSCAPING (SEE DETAIL) (V A R I A B L E W I D T H R I G H T - O F - W A Y ) V A R T E # 3 7 Existing Electric Transmission Line & Esmt. (Shown Approx.)Middle Road(VA SEC RTE #628)Property Line Ex. Pond PROP. PRIMARY ENTRANCE PROP. PRIMARY/SECONDARY ENTRANCEEx. 8" D.I.P. W/LEx. 10" PVC W/LEx. 10" D.I.P. W/L PROP. APPLE VALLEY ROAD IMPROVEMENTS (SEE TYPICAL SECTION)EX. RIGHT-OF-WAY & ROAD C/LEPEPSUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARYC/L 10' ROADSIDE DITCHEX. FENCEEX. GRADE 55' 45'10' 35'10'10'10' LANDSCAPEPLC/L 10' ROADSIDE DITCH55' 45'10' 12'19'12'12'EPTHRU TURN THRU PROP. PAVEMENT PROP. GRADE SUBJECT PARCEL BOUNDARY/ BEGINNING OF BOUNDARY10' LANDSCAPE STRIPPL10'END TYPICALBUFFER SECTION200' DOUBLE ROW OF EVERGREEN TREES - 6' HEIGHT AT PLANTING 10' LANDSCAPE STRIP DOUBLE ROW OF EVERGREEN TREES - 6' HEIGHT AT PLANTING 100'151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF DESIGNED BY: FILE NO. SCALE: DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVSCALE: 1" = 100' 100 0 100 200 1" = 100' 1GENERAL DEVELOPMENT PLANWINCHESTER GATEWAYBACK CREEK MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIAJAN 26, 2024 EJG / RLK 1 0036E A. Total Site Area = 71.85 AC. (3,129,844.14 SF) B. Proposed Zoning 1. M1, Light Industrial C. Building Setbacks 1. Front Yard Primary & Arterial Highways = 75' 2. Front Yard Collector & Minor Streets = 75' 3. Side = 25' 4. Rear = 25' D. Floor Area Ratio (FAR) 1. Maximum Permitted = 1.00 (3,129,844.14 GSF) 2. Maximum Proposed = 0.30 (938,953 GSF) E. Landscaped Area (% of Lot) 1. Minimum = 25% (782,461 SF) F. Height 1. Maximum = 60 feet G. Buffer Requirements 1. 200-ft buffer with existing vegetation preserved per proffer 2. 75-ft Inactive category 'C' with full screen buffer Preliminary Design Criteria: LEGEND: APPROXIMATE LOCATION OF POTENTIAL ACCESS POINT EX. APPLE VALLEY ROAD TYPICAL SECTION PROP. APPLE VALLEY ROAD TYPICAL SECTION 200' ROAD CORRIDOR BUFFER WITH ENHANCED LANDSCAPING (SEE DETAIL) TYPICAL BUFFER SECTION NOT TO SCALE TYPICAL BUFFER DETAIL NOT TO SCALE 71 72 WINCHESTER GATEWAY REZONING IMPACT ANALYSIS STATEMENT August 23, 2023 INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 34.26 acre portion of the property identified as Tax Map Number 63-A- 80I to M1 Light Industrial. The subject parcel is situated at the intersection of Apple Valley Road and Middle Road. The property extends to the south east along Apple Valley Road. The western side of the property is bounded by Route 37. The property is currently zoned RA (Rural Areas) and M1 (Light Industrial). This application proposes to rezone the 34.26 acre portion of the property from RA to M1. The property is currently vacant. The M1 portion of the property is subject to Rezoning #01-15. General Site Information Location: The parcel fronts on the southwest side of Apple Valley Road. Magisterial District: Back Creek District Tax Map Number: 63-A-80I Current Zoning: RA (34.26 acres) and M1 (37.59 acres) Current Use: Undeveloped Proposed Zoning: M1, Light Industrial District with proffers Proposed Use: Warehousing/Distribution Facility/Industrial Park Total Rezoning Area: 34.26 +/- acres with proffers 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 subject acreage is located outside of the UDA. 73 Impact Analysis Statement Winchester Gateway 2 Sewer and Water Service Area The Property is outside of the limits of the County’s Urban Development Area (UDA) but wholly within the limits of the Sewer and Water Service Area (SWSA). Comprehensive Plan Conformity The Kernstown Area Land Use Plan designates the subject acreage for Industrial use. Given the adjoining industrial uses as well as its proximity to Route 11, Route 37, and Interstate 81, the subject acreage is ideally situated for a warehousing/distribution facility/data center use. Its proposed development pursuant to the M1 District aligns with the goals of the Frederick County Comprehensive plan, notably by promoting the County’s goal of enhancing commercial/industrial areas and providing focus to the county’s future regional employment centers. SUITABILITY OF THE SITE Access The subject acreage fronts on Apple Valley Road. Access to the site will be provided via two proposed full-movement entrances along Apple Valley Road. A Traffic Impact Analysis is provided with the rezoning application. Internal access between the proposed warehouse/distribution uses will occur through the extension of private service drives. Flood Plains The subject acreage does not contain areas of floodplain per FEMA NFIP Map #51069C0209E Effective Date January 29, 2021. Wetlands The subject acreage contains wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information or from information identified in the Frederick County GIS Database. Environmental Features The subject acreage does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no other environmental features that will constrain development of future M1 uses or such features will be managed during final engineering design in accordance with all applicable ordinances and regulations. Soils/Geology As per the Frederick County GIS Database, the following soil types are present on the subject acreage: Frederick Poplimento loams (#14B); Frederick Poplimento very rocky loams (#16C); Frederick Poplimento Rock Outcrop Complex (#17C), and Swimley Silt loams (#39B). 74 Impact Analysis Statement Winchester Gateway 3 These soil types are clay with an abundance of limestone rock. The characteristics of these soil types are manageable for development following the Virginia Erosion and Sediment Control practices. SURROUNDING PROPERTIES North: RA, Rural Area District Use: Residential South: M1, Light Industrial District Use: Industrial East: RA, Rural Area District RP, Residential Performance District Use: Church and Residential West: RA, Rural Area District (Across Route 37) Use: Vacant TRANSPORTATION Please refer to the Traffic Impact Analysis Statement for Winchester Gateway dated July 13, 2023 prepared by Gorove Slade. SEWAGE CONVEYANCE AND WATER SUPPLY The Property is located wholly within the Sewer and Water Service Area and is therefore entitled to be served by public water and sewer based on County Policy. Frederick Water is the provider of public water and sewer service within this area of the County. SITE DRAINAGE Topographic relief on the Property generally follows a pattern that directs drainage towards the east 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. SOLID WASTE DISPOSAL Solid waste generated by business activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. HISTORICAL RESOURCES The property adjoins the Kernstown Battlefield, a 388-acre historic site with a visitor center, historic buildings (Pritchard-Grim House), and interpretive walking trails. 75 Impact Analysis Statement Winchester Gateway 4 IMPACT ON COMMUNITY FACILITIES Educational Facilities: This project will add no children to the school system. Emergency Services: Police protection will be provided by the Frederick County Sheriff’s Department. The property is located in the first response area for the Stephens City Volunteer Fire and Rescue Company. Response times from the station to the site are reasonable. Parks and Recreation: This project will not add to the population of Frederick County and therefore will not increase the demand for parks and recreational services. Libraries: This project will not add to the population of Frederick County and therefore will not increase the demand for library services. 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Frederick Home Frederick County Virginia LIFE AT THE TOP Pay/Lookup Taxes Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket#RE2023 / 33140002 Frequency 2 Supplement#0 Name WINCHESTER GATEWAY LLC Map#63 A 80I Account#8034928 Name 2 Bill Date 04/15/2023 Acreage 71.850 Address 15 S KING ST Due Date 12/05/2023 Improvements $0.00 LEESBURG VA Desc 71.85 ACRES Land Value $2,297,300.00 Land Use $55,400.00 Zip 20175 2903 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/03/2023 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $141.27 ($141.27)$0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction#Amount Balance 4/15/2023 Charge 0 $141.27 $141.27 11/3/2023 Principal Paid 725 ($141.27)$0.00 Previous Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Change Email 143 Planning Commission Agenda Item Detail Meeting Date: March 6, 2024 Agenda Section: Action Items Title: SWSA Amendment - (Mr. Pearson) Attachments: PC03-06-24SWSARequest_8126ValleyPike_Redacted.pdf 144 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, AICP, Planning Director SUBJECT: Request to Extend Water and Sewer Service Outside the Limits of the SWSA Matt Shaffer –8126 Valley Pike (PIN: 91-A-26) DATE : February 26th, 2024 Frederick County has received a request from Matt Shaffer to allow for public water and sewer service to a parcel located outside the SWSA. The subject property is located at 8126 Valley Pike, Middletown. The 0.50-acre property is zoned RA (Rural Areas) District and is identified by Property Identification Number (PIN): 91-A-26. It is the policy of Frederick County that only properties within the Sewer and Water Service Area (SWSA) may connect to public water and sewer. The subject property is adjacent to the Town of Middletown’s boundary along the southern property line. Due to the property being outside the SWSA, a special exception from the Board of Supervisors is needed to allow for the property to access public water and sewer, and in turn allow the Town of Middletown to serve the property. As proposed the property is intended to be served through an existing private line currently serving the adjoining use to the south (Shaffer’s BBQ). Since this exception is not seeking to expand the boundary of the SWSA, this request could be decided by the Board of Supervisors without a public hearing or amendment to the Comprehensive Plan. Staff is seeking a recommendation from the Planning Commission to for ward to the Board of Supervisors regarding this request. Attachments: Location Map Applicant Request Letter & Attachments 145 £¤11 91 A 26 VALLEYPIKESewer and Water Serv ice A rea (SWSA)Except ion Re quest for 8126 Valley Pike Map Produced by Frederick C ounty Planning and D evelopment Dept.February 27, 2024 0 0.025 0.050.0125 Miles I SWSA Exception Parcels 146 SPRINGDALE ENTERPRISES 124 Springdale Road Winchester Va 22602 ~ m m ~ 6 January 30, 2024 Frederick County Board of Supervisors: I would like to request a SWSA Exception for the residential property I own located at 8126 Valley Pike, Middletown. I am requesting permission to tie the 8126 property into the recently installed grinder pump station at the adjacent property, 8140 Valley Pike. 8140’s sewage is already being pumped to the Municipal Wastewater Treatment plant operated by the Town of Middletown. The 8126 residence is currently served by a hand-made septic tank/drain field dating to the 1950s. Please see attached Septic Inspection Report from Gene’s Plumbing. I also own Shaffer’s BBQ & Market, the adjacent property located at 8140 Valley Pike, where we installed a commercial EONE DH152 grinder pump station in April 2023. According to the manufacturer’s website this model is ideal for light commercial applications and up to four, average single-family homes. The tank has 150 gallons of capacity and can accommodate flows of 3000 gallons/day. Additional specs are attached. Currently, Shaffer’s BBQ averages 400 gallons/day and 8126 is a 3 bedroom, 1 bathroom house. Please see attached water bill for reference. As described in the attached drawing, we would pump the sewage from 8126 over to the pump station at 8140 and then it would be pumped to Middletown’s Facility. Please reach out with any questions or Requests for Information. Thank you for your time and consideration. Matt Shaffer Owner of 8140 and 8126 147 148 MIDDLETOWNFREDERICK COUNTY80' ROWROUTE 11ROUTE 11FORCE SEWER LATERAL PLAN & PROFILEH: 1" = 60'V: 1" = 10'SCALE:OSCOTT BORTZDEPRCIFITREN EOISSEFLAN Lic. No. 032379REENIG JN:SEALDRAWN BY:REVIEW BY:REVISION:DATE:SHEET DESCRIPTION:20 MIDWAY PLAZA DRIVE - SUITE 100ortz , L.L.C.&eedBPPHONE: (540) 394 - 3214CHRISTIANSBURG, VIRGINIA 24073FAX : (540) 394 - 3215CIVIL & ENVIRONMENTAL ENGINEERS21-08J. MCCLURES. BORTZ.01 MAR 2023MAR 08 2023MIDDLETOWNVIRGINIASHAFFER BBQ PALACE, LLCGRINDER STATION CONNECTIONC01PLAN AND PROFILE149 OSCOTT BORTZDEPRCIFITREN EOISSEFLAN Lic. No. 032379REENIG JN:SEALDRAWN BY:REVIEW BY:REVISION:DATE:SHEET DESCRIPTION:20 MIDWAY PLAZA DRIVE - SUITE 100ortz , L.L.C.&eedBPPHONE: (540) 394 - 3214CHRISTIANSBURG, VIRGINIA 24073FAX : (540) 394 - 3215CIVIL & ENVIRONMENTAL ENGINEERS21-08J. MCCLURES. BORTZ.01 MAR 2023MAR 08 2023MIDDLETOWNVIRGINIASHAFFER BBQ PALACE, LLCGRINDER STATION CONNECTIOND01DETAIL SHEET’’NOT TO SCALECUT SLOPE LOCATIONCOMBINATION AIR RELEASE VALVENOT TO SCALEFORCED SEWER LATERALDISCHARGE DETAILNOTE:PRECAST CHAMBERFOR MAG METERNOT TO SCALE150 151 152 153 154 155 Planning Commission Agenda Item Detail Meeting Date: March 6, 2024 Agenda Section: Other Title: Current Planning Applications Attachments: 156