06-23 PC Staff Report REZONING APPLICATION #06-23
WINCHESTER GATEWAY, LLC
Staff Report for the Planning Commission
Prepared: December 12, 2023
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission 01/03/24 Pending
Board of Supervisors: 01/24/24 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/03/24 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 to develop warehousing, distribution or
data center uses as stated in the application materials. Staff would note the proffers do not restrict the use
of the property to only these uses listed on the application materials.
The proposed rezoning generally implements uses typically associated with an “industrial” land use
designation in the Comprehensive Plan.
However, staff notes the following deficiencies with the proposed rezoning to be brought to the attention of
the Planning Commission for additional consideration:
• The proposed rezoning materials do not address the “high quality architecture and site design”
envisioned for the “Shady Elm Economic Development Area,” as described in the County’s
Kernstown Area Plan, which includes the subject parcel. This may include stamped/painted
concrete, brick, stone and/or glass.
• The site may develop with any of the 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. Proffered use restrictions
have not been proposed to address mitigating impacts on adjoining properties.
• The proffer statement (dated November 28, 2023) and generalized development plan (dated May
25, 2023) include a green space buffer which is intended to screen the property from adjoining
residential uses to the north of the subject property. However, the proffered buffer language is not
specific in how the buffer intent would be fulfilled if the existing landscaping is disturbed for
utility installation and maintenance or if road improvements are required to widen Apple Valley
Road and widening would need to occur within the proffered buffer area.
• The proposal does not fully address all traffic impacts on Apple Valley Road or the future
condition of the roadway as an improved collector roadway. Specifically, widening proposed in the
proffer statement along Apple Valley Road is limited to only up to the first commercial entrance.
When a second commercial entrance is proposed, Apple Valley Road improvements would only be
made if the vehicles per day (VPD) exceed 2,000 trips. Staff (and as noted on the December 2023
VDOT comment letter) would not support a proffer that does not commit to making the full Apple
Valley Road improvements, regardless of trips, along the property frontage, including pedestrian
facilities (sidewalk). These improvements would be consistent with the existing frontage from
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December 12, 2023
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Shady Elm Road west to the limits of the existing Blackburn Commerce Center. Further, the traffic
study notes a large percentage of the trips anticipated to be generated from this development are
tractor trucks and trailers. Finally, improvements proposed assume only warehouse, distribution or
data center uses; however, the proffer statement does not restrict use of the property to only those
uses.
The proffer statement is in a 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.
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This report has been prepared by the Frederick County Planning Staff to provide information to
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 approximately +/- 34.26- acres of a 71.85+/- acre parcel from the RA
(Rural Areas) District to the M1 (Light Industrial) District with proffers.
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 to the east and future industrial uses to the west.
2) Comprehensive Plan
The Comprehensive Plan is an official public document that serves as the community's guide for
making decisions regarding development, preservation, public facilities and other key components of
community life. The Plan is developed with the input of the public and adopted by the Board of
Supervisors (last updated November 2021). The Plan is a vital tool that provides direction for future
growth, aimed at ensuring orderly well-planned development to promote, preserve and protect the
health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County.
The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are
instrumental to the future planning efforts of the County.
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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). Further, the Kernstown Area Plan 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. However, the proposed rezoning does not speak to the intended
“high quality architecture and site design” envisioned for the “Shady Elm Economic Development
Area” as described above. The M1 Zoning District, as proposed and unrestricted, contains uses that
may negatively impact adjoining residential properties. Staff would note the proposed uses allowed
should be carefully selected to minimize impacts to adjacent residential uses and the Kernstown
Battlefield Park to the north and east across Apple Valley Road. The applicant may further consider a
commitment to high quality building materials, building height restrictions, restriction of site lighting
mounting height, and other site elements to ensure development of the site achieves implementation of
the Shady Elm Economic Development Area as envisioned in the Plan.
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. 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 intends to provide inter-parcel connection to the existing Blackburn Commerce Center to
the south and east. Further, the application proposes improvements (timing varies) to widen Apple
Valley Road to match the existing segment to the east from Route 11 to the limits of the Blackburn
Commerce Center site. This widening would include two (2) travel lanes and a center turn lane. The
proffer statement does not include any right-of-way reservation for the future condition of Apple Valley
Road as an improved minor collector roadway should the owner not be required to make the
improvements themselves. Additionally, the proffer statement does not make a commitment to inter-
parcel connectivity to the existing Blackburn Commerce Center. The “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).
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4) Proffers Statement & Impact Mitigation
The proffer statement, dated November 28, 2023, proposes the following:
• Substantial conformance with the referenced Generalized Development Plan dated May 15,
2023 (Proffer 1.1).
• Screening of all loading docks from adjacent properties (Proffer 1.2)
Staff Comment on Proffer 1.1: The specifics of what is intended (landscaping, earthen berm, fencing,
etc.) for the loading dock area “screening” are not provided in the proffer statement.
• A 200-foot-wide green space buffer along Apple Valley Road frontage. The green space buffer
would be left undisturbed in a natural state (Proffer 1.3).
Staff Comment on Proffer 1.3: The proffered buffer language is not specific in how the buffer intent
would be fulfilled if the existing landscaping is disturbed (removed) for utility installation and
maintenance or if road improvements are required to widen Apple Valley Road and widening would
need to occur within the proffered buffer area.
• To limit the number of commercial entrances to two (2) full movement entrances from Apple
Valley Road (Proffer 2.1).
• Construct improvements along Apple Valley Road including paving of two (2) full lanes of
travel with a center turn lane. The road improvements would be installed to the first commercial
entrance for the property. In the event the second entrance is required, the owner will continue
the improvements to Apple Valley Road for the second entrance if the site generates more than
2,000 vehicle trips per day (VPD) (Proffer 2.2).
Staff Comment on Proffer 2.1 and 2.2: The proffer statement does not fully address all traffic impacts
on Apple Valley Road or the future condition of the roadway as an improved collector roadway.
Specifically, widening proposed in the proffer statement along Apple Valley Road is limited to only up
to the first commercial entrance. When a second commercial entrance is proposed, Apple Valley Road
improvements would only be made if the vehicles per day (VPD) exceed 2,000 trips. If the trips do not
exceed the threshold, the roadway will not be widened to match sections to the east. Staff (and VDOT)
would not support a proffer that does not commit to making the full improvements along the property
frontage with Apple Valley Road. Improvements should be included along the full frontage as has been
done with previous industrial development in the area (Blackburn Commerce Center). Additionally,
staff notes commercial entrances would require a separate VDOT approval as part of the site plan
review and approval process prior to development.
• Monetary contribution of $0.10 per square foot for any building constructed on the property
(Proffer 3.1).
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Other Review Agency Comments:
Review Agency Comment Issuance
Date
Status
Virginia Department of
Transportation (VDOT)
October 13, 2023
December 5, 2023
VDOT has reviewed the latest redline
proffers [11-28-23] rezoning for the
Winchester Gateway application and we
do not feel that a VPD trigger for frontage
improvements would be appropriate given
the nature of the development and the
existing condition of Apple Valley Road.
Additionally, knowing that some of the
traffic from this development may opt to
travel towards Middle Road to reach
destinations to the west, we would feel
more comfortable if full frontage
improvements were being provided.
Frederick County (FC)
Attorney
September 9, 2023 Acceptable 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 Recommended proffered height
restrictions for new buildings not to
exceed height of existing structures on
adjoining M1 zoned parcels.
Following a public meeting, 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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