06-23 Comments revised 12.5.231
From:Rod Williams <rwillia@fcva.us>
Sent:Saturday, September 9, 2023 4:32 PM
To:Thomas Moore Lawson, Esq.
Cc:Wyatt Pearson; John Bishop; Tyler Klein
Subject:Rezoning Application - Winchester Gateway LLC - Tax Parcel Number 63-A-80I (the
"Subject Parcel")
Dear Ty:
You have submitted to Frederick County for review a proffer statement (the “Proffer
Statement”), dated August 23, 2023, for the proposed rezoning of the Subject Parcel, comprised of
71.85± acres, from the RA (Rural Areas) District and the M1 (Light Industrial) District to the M1 (Light
Industrial) District, in the Back Creek Magisterial District. 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:
Scope of rezoning – I have noted above that the rezoning is of the entirety of the Subject
Property and not just the portion that is currently zoned RA. This is because, among other
things, the rezoning appears to impact the entirety of the Subject Property, such as with
respect to the proposed buffer area and with respect to the buffer between the current RA and
M1 portions, provided for in the 2015 Proffer Statement.
Generalized Development Plan (“GDP”) – Staff should be aware that, while the GDP depicts
two structures of rather specific sizes on the portion of the Subject Property to be rezoned from
RA to M1, the Proffer Statement does not contain any explicit limit on overall building square
footage, nor does it limit placement of structures to only that portion of the Subject Property. In
fact, the location of one of the buildings shown appears to encroach on a to be undisturbed
wetlands area.
Proffer 2.1 – If the intent is to limit the number of entrances to two, then the Proffer should
state that the Owner proffers to construct “not more than two” such entrances. Also, the GDP
appears to show the approximate location of only one entrance and therefore may not be
adequate as a planning tool with respect to the second entrance.
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 yours,
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
rwillia@fcva.us
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
September 20, 2023
Marisa Whitacre
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Winchester Gateway Rezoning Application
Property Identification Number (PIN): 63-A-80I
Magisterial District: Back Creek
Dear Ms. Whitacre:
The Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application
during their September 19, 2023 meeting. The rezoning application is for +/- 34.26 acres of a +/- 71.85
acre parcel (Property Identification Number 63-A-80I) from the RA (Rural Areas) Zoning District to the
M1 (Light Industrial) Zoning District with proffers. The property is located near the intersection of
Apple Valley Road (Route 652) and Middle Road (Route 628) in the Back Creek Magisterial District.
Following their review of this application, the HRAB recommended approval of the application and
recommended the applicants proffer a height restriction for new buildings not to exceed the height
of existing structures on adjoining M1 (Light Industrial) zoned parcels.
Thank you for the opportunity to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Kayla Peloquin, Planner
Planning & Development
KLP/pd
cc: Gary Crawford, HRAB Chairman
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
September 13, 2023
Thomas Moore Lawson (via email: tlawson@lsplc.com)
PO Box 2740
Winchester, VA 22604
RE: Proposed Rezoning for Winchester Gateway, LLC
Property Identification Numbers (PIN): 63-A-80I
Dear Mr. Lawson:
Planning and Development staff had the opportunity to review the draft rezoning application
(REZ). This application seeks to rezone approximately +/-34.26-acres of a +/-71.85-acre parcel
from the RA (Rural Areas), Zoning District to the M1 Zoning District with proffers to develop
warehousing, distribution and industrial park uses. The subject property is generally located
south/southeast of the intersection of Middle Road (Route 628) and Apple Valley Road (Route
651/652), and east of Route 37 in the Back Creek Magisterial District. Prior to formal submission
to the County, please ensure that these comments and all review agency comments are adequately
addressed. At a minimum, a letter describing how each of the agencies and their comments have
been addressed should be included as part of the submission.
1. Comprehensive Plan Conformance & Transportation.
Future Land Uses
The Comprehensive Plan (adopted November 2021) and the Kernstown Area Plan (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.”
The Plan states: “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 rezoning, as presently
proposed, lacks the intended “high quality architecture and site design” envisioned for the
Winchester Gateway, LLC Rezoning Application – Preliminary Comments
September 13, 2023
Page 2
“Shady Elm Economic Development Area” as described which includes the subject parcel.
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 across
Apple Valley Road. The M1 Zoning District, as proposed and unrestricted, contains uses
that may negatively impact adjoining residential properties. 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.
Transportation & Site Access
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.”
Site access as noted in the included proffer statement, is proposed from two (2) commercial
entrances from Apple Valley Road. However, the Generalized Development Plan (GDP)
only depicts one (1) commercial entrance. Final application materials should be consistent
with what is proposed. The future condition of Apple Valley Road, an improved minor
collector roadway, and future widening to accommodate industrial truck traffic is also not
addressed in the application materials or proffers. Further, inter-parcel access to the
industrial park to the south should be analyzed (and/or justification provided why it would
not be feasible) to limit trips on Apple Valley Road, and/or restrict left turn movements
that would send tractor trucks and trailers in the direction of Middle Road.
2. Impact Analysis Statement & Transportation Impact Analysis: The following revision
should be made to the Impact Analysis Statement (August 23, 2023) and Transportation
Impact Analysis (TIA, July 13, 2023):
• The Impact Analysis Statement contains inaccurate information and is not
consistent with the proffer statement and GDP.
o Under “Sewer and Water Service Area” revise to simply state the subject
property is outside of the limits of the County’s Urban Development Area
(UDA) but wholly within the limits of the SWSA.
o Under “Comprehensive Plan Conformity” the applicant notes the site is
intended for “warehousing/distribution/data center use.” However, the
proffer statement and TIA does not reference the data center use. Ensure
consistency of intended uses through the application materials.
o Under “Access” clarify if one (1) or two (2) full-movement commercial
entrances will be provided (see comments above).
o Under “Wetlands” Frederick County GIS records and the GDP included
with the application depict delineated wetlands on the portion of the
property being rezoned. Further, the previously approved master
development plan (MDP #02-15 – Blackburn Commerce Center) for the
subject property identifies wetlands on the site. This should be revised to
Winchester Gateway, LLC Rezoning Application – Preliminary Comments
September 13, 2023
Page 3
reflect existing on-site conditions. Further information should be provided
on how the applicant intends to mitigate impacts to these wetland areas.
o A “Historic Resources” section should be provided and noted that the
property adjoins the Kernstown Battlefield, a 388-acre historic site with a
visitor center, historic buildings (Pritchard-Grim House), and interpretive
walking trails.
• The TIA references “805,000 square feet of industrial park” for use of the entire
parcel. However, the GDP depicts only 366,520 of new buildings. The application
materials should reflect the ultimate development condition intended for the site
consistently.
3. Proffer Statement & Generalized Development Plan. The following revisions are
offered for consideration as it relates to the proffer statement dated August 23, 2023, and
Generalized Development Plan (GDP) dated May 15, 2023:
• Add reference to the previously approved rezoning (REZ) application #01-15
which also pertains to the subject property.
• Proffer 1.1 (Site Development): The applicant may consider proffers to restrict
allowed uses that create more traffic than scoped/studied with the TIA, and/or
other uses that are incompatible with the adjoining residential uses.
• Proffer 1.2. Remove document format letter (a) as this is unnecessary. Revise the
proposed proffer to further specify the type of screening proposed to screen the
loading docks from review (for example double row of 6’ tall evergreen trees or a
6’ tall chain-link fence with slats). Revise the proffer to simply state screening of
adjoining properties zoned RA and RP.
• Proffer 1.3. Remove document format letter (a) as this is unnecessary. The 200’
wide green space buffer proposed in the proffers is not depicted on the GDP.
• Proffer 2.1. Two (2) full-movement entrances are not depicted on the GDP, ensure
consistency between the proffer statement and GDP. The applicant should further
consider a restriction on future access to Middle Road, a major collector roadway.
• The Generalized Development Plan contains reference to “Zone RA;” the
proposed rezoning seeks to rezone the remaining RA portion of the property, +/-
34.26-acres, to M1. Add the green space buffer (see comments above).
Additional comments may be provided on a revised proffer statement following any
revisions to the TIA as a result of VDOT comments.
4. Agency Comments. The following agencies shall provide written comment on the
proposed rezoning application: the County Attorney, the Historic Resource Advisory Board
(HRAB), Frederick County Fire Marshal, Frederick Water, Frederick County Public
Works, the City of Winchester (Planning), and the Virginia Department of Transportation
(VDOT).
5. Application Materials & Fee. On the Rezoning Application, include an email address for
the owner; and change the project name from “Winchester Gateway” which may create
Winchester Gateway, LLC Rezoning Application – Preliminary Comments
September 13, 2023
Page 4
confusion given the location of the property. The following additional documents should
be provided to ensure application completeness at time of acceptance for public hearing: a
completed special limited power of attorney form which authorizes Thomas Moore Lawson
to represent the owner during the application process and tax verification documents.
Based on the fees adopted by the Board of Supervisors, the rezoning fee for this rezoning
application would be $13,426 for 34.26-acres ($10,000 base fee plus $100/acre (more than
2-acres, less than 150-acres).
All the above comments and reviewing agency comments should be appropriately addressed before
staff can accept this rezoning application for a public hearing. The Applicant should verify with
Planning & Development staff application completeness prior to final submission.
Please feel free to contact me with questions regarding this application.
Sincerely,
M. Tyler Klein, AICP
Senior Planner
MTK/pd
1
From:Wayne Lee <Leew@fcpsk12.net>
Sent:Friday, September 15, 2023 2:32 PM
To:Thomas Moore Lawson, Esq.
Cc:George Hummer; Shane Goodwin; Logan Sheppard; Calvin Davis; Tyler Klein
Subject:Winchester Gateway LLC rezoning application
Ty,
Good afternoon.
We have reviewed the Winchester Gateway LLC rezoning application submitted to us on August 28,
2023. We do not see any impacts to our schools, so we offer no comments.
Thank you for the opportunity to comment.
Wayne
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From:Johnson,Joseph(VDOT)<JosephW.Johnson@vdot.virginia.gov>Sent:Friday,October13,20233:05PMTo:TylerKlein(tklein@fcva.us);ThomasMooreLawson,Esq.Cc:Carter,Edwin(VDOT);Ingram,Lloyd(VDOT)Subject:WinchesterGatewayRZPTyler,VDOThasreviewedtherezoningapplicationfortheWinchesterGatewayprojectlocatedonAppleValleyRoad(PIN63-A-801)andweofferthefollowingcomments:1.AppleValleyRoaddoesnotmeetcurrentVDOTstandardsandisnotsuitableforadditionaltrucktrafficinitscurrentformasitisgenerallytoonarrow(“20’wide).ApplicantshouldprovideatypicalsectionidentifyingproposedfrontageimprovementsalongAppleValleyRoad.Werecommendimprovementssimilartothoseprovidedbytheindustrialdevelopmenttotheeastofthesubjectsite.2.AppleValleyRoadiscurrentlyshownintheFrederickCountyComprehensivePlanasaU4D(urbanfour-lanedividedroadway)andwerecommendidentifyingontheplansanyproposedright-of-waydedicationstoaccommodatethisfutureroadsection.3.TheGDPidentifiesasingleentrancetothesitewhiletheproffersspecifytwoentrancesandtheTIAalsoshowstwoentrances.Pleaseclarifywhethertheproposedplanisforoneortwoentrances.Pleasenotethatasingleentrancemayaffectturnlanewarrants.Alsopleasenotethatfinalturnlanewarrantanalysiswillberequiredatthetimeoffinalsiteplan(theanalysisprovidedintheTIAmaybeusediftheuse,intensityandconfigurationmatchwhatwasanalyzed).Pleaseletmeknowifyouhaveanyquestions.JosephW.Johnson,PEAreaLandUseEngineer/EdinburyResidencyVirginiaDepartmentofTransportation14031OldValleyPikeIEdinburg,VA22824Phone#540.534.3223josephw.iohnsonvdot.virginia.gov
From:Johnson, Joseph (VDOT)
To:Tyler Klein
Cc:John Bishop; Thomas Moore Lawson, Esq.; rhonda.funkhouser@vdot.virginia.gov
Subject:"[External]"Re: Winchester Gateway - applicant response & revised proffers
Date:Tuesday, December 5, 2023 10:03:22 AM
Tyler,
VDOT has reviewed the latest redline proffers for the Winchester Gateway rezoning
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.
Please let me know if you have any questions. Thanks!
Joseph W. Johnson, PE
Area Land Use Engineer / Edinburg Residency
Virginia Department of Transportation
14031 Old Valley Pike / Edinburg, VA 22824
Phone #540.534.3223
josephw.johnson@vdot.virginia.gov
From: Tyler Klein <tklein@fcva.us>
Sent: Tuesday, December 5, 2023 9:48 AM
To: Johnson, Joseph (VDOT) <josephw.johnson@vdot.virginia.gov>
Cc: I81 Public131 <jbishop@fcva.us>
Subject: Winchester Gateway - applicant response & revised proffers
Joe – attached per our discussion this morning. Written response to revised (redline) proffers would be
appropriate so we may include in our materials for the Planning Commission public hearing on January 3, 2024.
Thank you.
M. Tyler Klein, AICP
Senior Planner
Department of Planning & Development
Frederick County, Virginia
107 N. Kent Street
Winchester, VA 22601
(540)722-8248
tklein@fcva.us