06-23 PC Staff Report - March 2024 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
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Rezoning #06-23 Winchester Gateway, LLC
February 28, 2023
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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.
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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
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