PC 10-02-24 Meeting Agenda1.Call to Order
2.Pledge of Allegiance
3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Conditional Use Permit #06-24 for Robert Molden - (Mrs. Peloquin)
Submitted for a special event facility. The property is located at 230 Dependence Lane,
Middletown, VA and is identified with Property Identification Numbers 91-A-47, 91-A-47,
and 91-A-67 in the Opequon Magisterial District.
6.B.Conditional Use Permit #07-24 for Lynn Ramey Wolfe Trust (Brenda
Edwards) - (Mrs. Feltner)
Submitted for a special event facility. The property is located at 1261 N Hayfield Road,
Winchester, VA and is identified by Property Identification Number 40-A-5 in the
Gainesboro Magisterial District.
7.Action Item
7.A.Rezoning #08-24 for D & M Container Service - (Mr. Klein)
Submitted to rezone approximately +/- 13-acres from the RA (Rural Areas) Zoning
AGENDA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 2, 2024
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC10-02-24CUP06-24_Redacted.pdf
PC10-02-24CUP07-24_Redacted.pdf
1
District to the M1 (Light Industrial) Zoning District with proffers. The property is located
at 1290 Fairfax Pike, White Post, VA and is identified by Property Identification Number
86-A-180 in the Opequon Magisterial District.
8.Other
8.A.Current Planning Applications
9.Adjourn
PC10-02-24REZ08-24_Redacted.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: October 2, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #06-24 for Robert Molden - (Mrs. Peloquin)
Attachments:
PC10-02-24CUP06-24_Redacted.pdf
3
CONDITIONAL USE PERMIT #06-24
Robert Molden
Special Event Facility
Staff Report for the Planning Commission
Prepared: September 18, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: October 2, 2024 Action: Pending
Board of Supervisors: November 13, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 91-A-47 & 91-A-47A & 91-A-67
Address 230 Dependence Lane, Middletown
Magisterial District Opequon
Acreage +/- 86.79 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential & Agricultural
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Agricultural
South: RA (Rural Areas) Land Use: Vacant/Agricultural
East: RA (Rural Areas) Land Use: Residential/Agricultural
West: RA (Rural Areas) Land Use: Vacant/Agricultural
Proposed Use
The applicant proposes utilizing an existing barn and the surrounding farm for a special event
facility.
4
Page 2 of 4
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
July 17, 2024 Install a full commercial
entrance meeting sight
distance requirement.
Frederick-Winchester Health
Department
June 20, 2024 1 portable toilet per 75
guests, at least 1 ADA
compliant toilet. If building
department requires a
bathroom in the facility, an
onsite sewage system will be
needed.
Frederick County (FC)
Inspections
August 19, 2024 Barn meets farm use
exemption.
FC Public Works July 9, 2024 No comments at this time.
FC Fire Marshal July 10, 2024 Project shall comply with
Fire Prevention Code.
Planning & Zoning:
Application Proposal:
The applicant proposes using an existing barn to hold a total of 12-18 special events per year. The
events will consist of 4-6 weddings, 4-6 private parties, and 4-6 music events per year. The
proposed maximum is 250 people for weddings and private parties, and 500 people for music
events. The applicant will bring in portable restroom facilities and allow food trucks on the
property for events. The applicant’s sketch reflects parking along the existing driveway
(Dependence Lane). There are several other gravel parking areas. There is at least 1,000’ of
distance in all directions from the existing barn to the nearest dwelling.
Staff Analysis:
§165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the
Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• The proposed use would not significantly change the character and established pattern of
development of the area as no new structures are proposed.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
5
Page 3 of 4
• If properly managed and all conditions followed, the proposed use would not adversely
affect the use and enjoyment of surrounding properties.
C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan
of the County and with the intent of this chapter.
• The Comprehensive Plan provides guidance when considering any land use action. The
property is located outside of the Urban Development Area (UDA) and is within the Reliance
Road Sewer and Water Service Area (SWSA) per the Reliance Road Area Land Use Plan. The
long-range land use is designated as Mixed-Use Industrial/Office, which is meant to encourage
uses that would benefit from and be supported by close proximity to Interstate 81 Exit 302.
• The proposed use generally does not aid the County in achieving the desired land use expressed
in the Comprehensive Plan, however it may otherwise be an appropriate use in the near term
as a special event facility is permitted in the RA (Rural Areas) Zoning District with an approved
CUP and the proposal would not inhibit future development of the area. Furthermore, the
current lack of Frederick Water infrastructure in the vicinity presents a large obstacle to
industrial and office development in the area in the near term.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The proposed use would not adversely affect the natural character and environment of the
County as the proposal would not alter the natural topography, add new structures, or add
a significant amount of impervious area (gravel parking area only).
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• More parking may be required for the use and will be addressed through the illustrative
sketch plan. As requested by VDOT, a full commercial entrance must be constructed prior
to establishing the use. Adequate septic facilities will need to be provided to accommodate
the use in accordance with the Department of Health’s regulations.
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance defines a special event facility as “A facility or site utilized for
events that are typically conducted on a single day, but which may be conducted for up to
three consecutive days, for which attendance is permitted only by invitation or reservation;
special events include, but are not limited to, meetings, conferences, banquets, dinners,
weddings and private parties” (§165-101.02). The proposed use meets the definition of a
special event facility. The music events must be ticketed in some manner to regulate the
amount of people on the property, either through pre-purchased tickets or tickets purchased
at the property prior to entering.
6
Page 4 of 4
• Additional regulations are included for special event facilities in §165-204.30 and
primarily state that all structures must be approved by the Building Official, all parking
spaces and travel aisles shall be graveled, and portable toilets shall be permitted provided
they are screened from all adjoining properties and roads. The gravel travel way
and parking areas as well as the proposed location for portable toilets must be shown on
the illustrative sketch plan.
• A special event facility is allowed in the RA (Rural Areas) Zoning District with an
approved CUP.
Recommendation:
Should the Planning Commission find the use to be appropriate, staff would suggest the
following conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Outdoor amplified music shall conclude by 10:00 PM.
3. No more than 500 people on the property at any one time.
4. No more than 18 events per year.
5. An illustrative sketch plan, addressing the additional regulations for special event
facilities contained in in §165-204.30 shall be approved by Frederick County, and the
improvements shown on the plan, including the commercial entrance required by VDOT,
shall be completed prior to the establishment of the use.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this CUP application.
7
LAMPS WATSON LANDSubdivision
WARRENCOUNTYVIRGINIA
91 A 47A
91 A 47
91 A 67
668RELIANCE RD
694RELIANCE RD
797S BUCKTON RD
437S BUCKTON RD
572RELIANCE RD
639RELIANCE RD
550RELIANCE RD
566RELIANCE RD
510RELIANCE RD
563RELIANCE RD
511RELIANCE RD281S BUCKTON RD 458RELIANCE RD 454RELIANCE RD
398RELIANCE RD
439RELIANCE RD
396RELIANCE RD
448RELIANCE RD
420RELIANCE RD
350RELIANCE RD
406RELIANCE RD
415RELIANCE RD
280RELIANCE RD
388RELIANCE RD
383RELIANCE RD372RELIANCE RD
226RELIANCE RD
348RELIANCE RD344RELIANCE RD
D EP E N D EN C E LN
Application
Sewer and Water Service A rea
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0 580 1,160290 Feet
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CUP # 06 - 24: Robert MoldenPINs: 91 - A - 47, 91 - A - 47A, 91 - A - 67Special Event FacilityZoning Map
CUP #06-24
CUP #06-24
CUP #06-24
8
LAMPS WATSON LANDSubdivision
WARRENCOUNTYVIRGINIA
91 A 47A
91 A 47
91 A 67
668RELIANCE RD
694RELIANCE RD
797S BUCKTON RD
437S BUCKTON RD
572RELIANCE RD
639RELIANCE RD
550RELIANCE RD
566RELIANCE RD
510RELIANCE RD
563RELIANCE RD
511RELIANCE RD281S BUCKTON RD 458RELIANCE RD 454RELIANCE RD
398RELIANCE RD
439RELIANCE RD
396RELIANCE RD
448RELIANCE RD
420RELIANCE RD
350RELIANCE RD
406RELIANCE RD
415RELIANCE RD
280RELIANCE RD
388RELIANCE RD
383RELIANCE RD372RELIANCE RD
226RELIANCE RD
348RELIANCE RD344RELIANCE RD
D EP E N D EN C E LN
Application
Sewer and Water Service A rea
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DCATLETTLN N BUCKTON RDMiddletown
0 580 1,160290 Feet
RELIANCE RD
CUP # 06 - 24: Robert MoldenPINs: 91 - A - 47, 91 - A - 47A, 91 - A - 67Special Event FacilityLocation Map
CUP #06-24
CUP #06-24
CUP #06-24
9
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Planning Commission
Agenda Item Detail
Meeting Date: October 2, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #07-24 for Lynn Ramey Wolfe Trust (Brenda Edwards) -
(Mrs. Feltner)
Attachments:
PC10-02-24CUP07-24_Redacted.pdf
27
CONDITIONAL USE PERMIT #07-24
Wolfe Lynn Ramey Trust (Brenda Edwards)
Special Event Facility
Staff Report for the Planning Commission
Prepared: September 20, 2024
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: October 2, 2024 Action: Pending
Board of Supervisors: November 13, 2024 Action: Pending
Property Information
Property Identification Numbers (PINs) 40-A-5
Address 1261 N. Hayfield Road, Winchester
Magisterial District Gainesboro
Acreage: +/- 65 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential & Agricultural
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential & Agricultural
South: RA (Rural Areas) Land Use: Residential & Agricultural
East: RA (Rural Areas) Land Use: Residential & Agricultural
West: RA (Rural Areas) Land Use: Residential & Agricultural
Proposed Use
The applicant proposes utilizing an existing structure and the surrounding farm for a special
event facility.
28
Page 2 of 4
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
August 26, 2024 The existing entrance shall be
upgraded to a Moderate
Volume Entrance. A design
shall be submitted & approved
by VDOT.
Virginia Department of Health
(VDH)
August 1, 2024 The existing onsite sewage
system shall not be used by
the venue. A least one
portable privy shall be
required per 100 attendees.
Frederick County (FC)
Inspections
August 13, 2024 No comments: Property is
farm exempt.
FC Fire Marshal August 8, 2024 Fire Department access shall
be maintained during events.
Future development must
comply with the Virginia Fire
Code.
Frederick Water August 5, 2024 No comments at this time.
Planning & Zoning:
Application Proposal:
The applicant proposes utilizing a 20’ x 30’ open picnic shelter, a wooden low-rise platform, and
a 10’ x 12’ low rise photo deck for the primary area of the special event facility. An existing 30’ x
60’ metal building is proposed to be utilized as the primary office, Bridal Ready Suite, and staging
area. In the event of inclement weather, the building would serve as the event area. If the venue
is successful, renovation of a second metal building may develop in the future, at which time the
applicant will submit for a new conditional use permit.
The special event facility will operate from May to November (seasonally) with hours of operation
limited to Fridays, Saturdays, and Sundays – dawn to dusk - but under no conditions, later than
29
Page 3 of 4
10:00 p.m. The applicant proposes no more than 10-26 total events per year with each event
averaging 25-100 people in attendance. The applicant is proposing no amplified music.
Staff Analysis:
§165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the
Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• The Rural Area (RA) zoning district provides to preserve large, open parcels of land, scenic
views, and to preserve prime agricultural and locally significant soils. The parcel contains
65+/- acres and is surrounded by other Rural Area (RA) parcels ranging from 6± acres to
47+/-acres. The special event facility is permitted as a conditional use permit in the Rural
Area (RA) zoning district.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• The zoning ordinance provides additional regulations for specific uses and address the
special events facility in the Rural Areas (RA) zoning district. If the operation is operated
as proposed and the conditions listed in the specific use section is followed, the operation
should not adversely affect the use and the enjoyment of the surrounding properties.
C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of
the County and with the intent of this chapter.
• The Comprehensive Plan identifies this area to remain rural in nature. One goal in the
Rural Areas section of the Comprehensive Plan is that the “County should continue to
support and encourage new land uses in the rural areas” (pg. 14). Other land uses, in
addition to agricultural uses, may allow property owners to keep properties intact rather
than subdividing. The proposed use is generally consistent with the Comprehensive Plan.
• The activities proposed are to reuse existing facilities and with minimal new structures.
The use proposed does not adversely affect the natural character and environmental
surroundings in the Rural Area (RA). The applicant proposes no amplified outdoor music.
D. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• The applicant will be required to install a Moderate Volume Commercial Entrance to the
property and the design shall be approved by VDOT, providing safe access to the property.
Portable facilities will be provided. No drainage alterations are proposed to disturb the
existing drainage.
30
Page 4 of 4
E. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance defines a special event facility as “A facility or site utilized for
events that are typically conducted on a single day, but which may be conducted for up to
three consecutive days, for which attendance is permitted only by invitation or reservation;
special events include, but are not limited to, meetings, conferences, banquets, dinners,
weddings and private parties” (§165-101.02). The proposed use meets the definition of a
special event facility.
• Special event facilities are permitted in the Rural Area (RA) zoning district with an
approved conditional use permit. Additional regulations are included for special event
facilities in §165-204.30. All structures must be approved by the Building Official, all
parking spaces and travel aisles shall be graveled, and that portable toilets shall be
permitted provided they are screened from all adjoining properties and roads. The gravel
travel way and parking area, as well as the proposed location for portable toilets, will be
shown on the illustrative sketch plan.
Recommendation:
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Operations shall begin no earlier than 6:00 a.m. and shall conclude by 10 p.m.
3. Special events shall be held on Friday, Saturday, and Sundays only.
4. No amplified music will be allowed at any time.
5. Special events may accommodate up to and not to exceed 100 persons.
6. Employees are limited to those that reside on the property.
7. An illustrative sketch plan, addressing the additional regulations for special event facilities
contained in §165-204.30 shall be approved by Frederick County, and the improvements
shown on the plan, including the commercial entrance required by VDOT, shall be
completed prior to the establishment of the use.
8. Any expansion or change of use shall require a new Conditional Use Permit.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on the CUP application.
31
INDIAN LAKESubdivision
JOSHUASMOUNTAINSubdivision
40 A 5
161HANGINGTREE RD
127MOUNTAINVIEW RD
136INDIANLAKE RD
163MOUNTAINVIEW RD
152INDIANLAKE RD 180INDIANLAKE RD
180INDIANLAKE RD
421HUNTING RD
473MOONRIDGE LN
428HUNTING RD
2685INDIANHOLLOW RD
2435INDIANHOLLOW RD
2733INDIANHOLLOW RD 466HUNTING RD
2901INDIANHOLLOW RD
167INDIANLAKE RD
2880INDIANHOLLOW RD
2912INDIANHOLLOW RD
2870INDIANHOLLOW RD 180MOONRIDGE LN
3173INDIANHOLLOW RD
2850INDIANHOLLOW RD
2660INDIANHOLLOW RD
189MOONRIDGE LN2820INDIANHOLLOW RD
105MOONRIDGE LN1433N HAYFIELD RD
1375N HAYFIELD RD
1380N HAYFIELD RD
1356N HAYFIELD RD
1312N HAYFIELD RD
1266N HAYFIELD RD 1221N HAYFIELD RD
1121N HAYFIELD RD
227TUCKERSVALLEY DR
1184N HAYFIELD RD
1111N HAYFIELD RD
111LIZAKATES LN
1107N HAYFIELD RD
161TUCKERSVALLEY DR
146LIZA KATES LN
MOON RIDGE LNTUCKERS VALLEY DRINDIAN LAKE RDN HAYFIELD RDINDIAN HOLLOW RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 13, 2024
£¤50 N HAYFIELD RDINDIAN HOLLOW RDHANG
INGTREE RDSIMPLEGIFTS LN TUCKERSVALLEY DRINDIAN
LAKE RD
D E V L A N D
D RBROOKANNLEIGH DRLIZAKATES LNMOON RIDGE LN0 530 1,060265 Feet
RELIANCE RD
CUP # 07 - 24: Lynn Ramey Wolfe TrustPIN: 40 - A - 5Special Event FacilityZoning Map
CUP #07-24
32
INDIAN LAKESubdivision
JOSHUASMOUNTAINSubdivision
40 A 5
161HANGINGTREE RD
127MOUNTAINVIEW RD
136INDIANLAKE RD
163MOUNTAINVIEW RD
152INDIANLAKE RD 180INDIANLAKE RD
180INDIANLAKE RD
421HUNTING RD
473MOONRIDGE LN
428HUNTING RD
2685INDIANHOLLOW RD
2435INDIANHOLLOW RD
2733INDIANHOLLOW RD 466HUNTING RD
2901INDIANHOLLOW RD
167INDIANLAKE RD
2880INDIANHOLLOW RD
2912INDIANHOLLOW RD
2870INDIANHOLLOW RD 180MOONRIDGE LN
3173INDIANHOLLOW RD
2850INDIANHOLLOW RD
2660INDIANHOLLOW RD
189MOONRIDGE LN2820INDIANHOLLOW RD
105MOONRIDGE LN1433N HAYFIELD RD
1375N HAYFIELD RD
1380N HAYFIELD RD
1356N HAYFIELD RD
1312N HAYFIELD RD
1266N HAYFIELD RD 1221N HAYFIELD RD
1121N HAYFIELD RD
227TUCKERSVALLEY DR
1184N HAYFIELD RD
1111N HAYFIELD RD
111LIZAKATES LN
1107N HAYFIELD RD
161TUCKERSVALLEY DR
146LIZA KATES LN
MOON RIDGE LNTUCKERS VALLEY DRINDIAN LAKE RDN HAYFIELD RDINDIAN HOLLOW RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: September 13, 2024
£¤50 N HAYFIELD RDINDIAN HOLLOW RDHANG
INGTREE RDSIMPLEGIFTS LN TUCKERSVALLEY DRINDIAN
LAKE RD
D E V L A N D
D RBROOKANNLEIGH DRLIZAKATES LNMOON RIDGE LN0 530 1,060265 Feet
RELIANCE RD
CUP # 07 - 24: Lynn Ramey Wolfe TrustPIN: 40 - A - 5Special Event FacilityLocation Map
CUP #07-24
33
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Planning Commission
Agenda Item Detail
Meeting Date: October 2, 2024
Agenda Section: Action Item
Title: Rezoning #08-24 for D & M Container Service - (Mr. Klein)
Attachments:
PC10-02-24REZ08-24_Redacted.pdf
49
REZONING #08-24
D&M Container Services (J. Johnson)
Staff Report for the Planning Commission
Prepared: September 26, 2024
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024
October 2, 2024
Action: Tabled to 10/2/24
Action: Pending
Board of Supervisors: November 13, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 86-A-180
Address 1290 Fairfax Pike, Stephens City
Magisterial District Opequon
Acreage +/- 13.0-acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Proposed Zoning M1 (Light Industrial)
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA Land Use: Vacant
East: RA Land Use: Residential
West: RA Land Use: Residential
Proposed Use
This is a request to rezone one (1) parcel totaling 13-acres from the RA (Rural Areas) Zoning
District to the M1 (Light Industrial) Zoning District with proffers for the purposes of
establishing a container service facility and other M1 Zoning District uses.
Positives Concerns
The proposed rezoning proposes a use
(container service facility) typically
associated with the “industrial” land use
designation as identified in the
Comprehensive Plan. The revised proffer
statement (9/25/24) limits the allowed M1
uses to those which impacts have been
mitigated through other proffered
Proffer 3.7 seeks to address “high quality
architecture” as identified in Plan policy.
Other recent rezoning application in the
vicinity have committed to 100% of the road
facing facades to be constructed of one or a
combination of the following: cast stone,
stone, brick, architectural block, glass, wood,
dry vit or stucco. Whereas included in the
50
Page 2 of 9
commitments, addressing stated concerns
from the Planning Commission.
The proffer statement includes right-of-way
(ROW) reservation for the future condition of
Route 277 as an “improved minor arterial
roadway,” including a 10’ wide multi-use
trail.
The revised proffer statement seeks to address
stated concerns and area plan policy about
implementing “high-quality architecture and
site design” in this area of the County by
including a landscape buffer along Route 277
and committing to building materials for the
façade.
revised proffer statement (9/25/2024) “a
minimum surface area of twenty-five percent
(25%) of the building façade facing Route
277 Fairfax Pike shall be constructed to
contain one or a combination of the
following: cast stone, stone, brick,
architectural block, glass, wood, dry vit, or
stucco.”
51
Page 3 of 9
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick County (FC)
County Attorney
September 19,
2024
Legal Form.
See revised comment letter.
Addressed
Virginia Department of
Transportation
(VDOT)
June 11, 2024 “VDOT has reviewed our portion of
the rezoning application of tax map 86-
A-180 (Owner, Jimmy A Johnson). We
have the following comment, while we
do not see any issue with the proposed
use, the rezoning of the parcel to M1,
would not allow us to use the traffic
data provided. M1 would allow many
uses that would far exceed the 85 VPD,
and we would have to look at the
highest and best use for the parcel and
use that to determine the traffic impact.
The proffer statement did not proffer
out any specific high traffic uses, so we
would need to re-evaluate this based on
the highest and best use of M1 which is
not represented in this application.”
Addressed
FC Public Works May 20, 2024 No comments at this time.
FC Fire Marshal May 13, 2024 “Any and all future development shall
comply with the Frederick County Fire
Prevention Code.”
Frederick Water May 21, 2024 “The project parcel is located within
the sewer and water service area
(SWSA), and therefore by county
policy, Frederick Water’s water and
sewer services may be extended to the
site at the user’s expense. A 12-inch
water main traverses the property
frontage along Fairfax Pike. Sanitary
sewer service is not presently in the
vicinity.
The rezoning application package
clearly intends to not pursue public
sewer but proposes to
utilize private on-site waste disposal.
Frederick Water has not been in
discussion with the
applicant regarding this private on-site
sewer disposal approach and will defer
Addressed
52
Page 4 of 9
to the County and the Health
Department on the appropriateness of
utilizing private on-site sewer
disposal.”
See comment letter.
Virginia Department of
Health (VDH)
May 1, 2024 “It appears the plan is to utilize the
existing onsite waste sewage system
and water supply currently connected
to existing structures and use the
dwelling at 1290 Fairfax Pike as a
business office.
Our concern is whether the existing
onsite sewage system and private well
are safe, adequate, and proper for
proposed use.”
See comment letter.
Addressed
Planning & Zoning Staff Analysis:
Comprehensive Plan Conformance:
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 (map inset below). The plan states:
“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. “
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Page 5 of 9
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 proposes a use (container service facility) typically associated with the
“industrial” land use designation in the Comprehensive Plan. However, 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.” In this respect,
the application is not fully compatible with the Comprehensive Plan policies.
Transportation & Site Access:
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
be required along the subject properties frontage to accommodate this future condition as well as
any warranted turn lanes (subject to VDOT approval). Further, the Plan identifies a multi-use trail
along the frontage.
The proffer statement, revised September 25, 2024, provides for 52.5’ of right-of-way (ROW)
reservation along Fairfax Pike for the future condition (widening), and to include the multi-use
trail shown on the Plan. Further, the proffer statement includes a provision for a Traffic Impact
Analysis (TIA) at the time of site plan for any uses that may generate more than 85 daily trips.
Proffer Statement, Generalized Development Plan (GD)), & Impact Analysis:
Following the Planning Commission public hearing on September 4, 2024, the applicant has
revised the proffer statement. The proffer statement, revised September 25, 2024, proposes the
following:
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Page 6 of 9
Proffers
(Summarized; Revised 9/25/24)
Staff Comment
Proffer 1 – Transportation:
1.1. The Owner shall reserve additional right-
of-way along Fairfax Pike as necessary to
construct future road frontage
improvements. The reservation will locate
the new Route 277 Fairfax Pike right-of-
way line 52.5’ from the centerline of the
existing roadway fronting the subject
property. Said right of way shall be
dedicated within 90 days of receiving
written notice from Frederick County.
1.2. If the Applicant elects to develop the M1
Property with any permitted use that
results in a higher net new trip generation
from the Property than the proposed 85
daily trips (ADP) shown in the “General
Development Plan”, prepared by Penonni
Associates Inc, dated June 28, 2024 (the
“GDP”), then as part of any conditional
use permit or site plan approval process
for those uses, the Applicant shall submit
a Traffic Impact Analysis (TIA) to the
County and the Virginia Department of
Transportation (“VDOT”). Subject to
County and VDOT acceptance of the
submitted TIA, and the Applicant shall
mitigate any additional impacts caused by
such additional trips
1.3. In determining whether the uses
collectively have an increased traffic
impact for purposes of Proffer 1.2, the
Applicant may use actual traffic counts
for then existing uses on the Property in
lieu of the estimates that were employed
in the TIA, for determining background
traffic at the time of site plan submission.
Proffer 1.1 (revised), as proposed, the
rezoning seeks to implement Comprehensive
Plan policy for the future condition of Fairfax
Pike (Route 277) as an “improved minor
arterial roadway,” including the Plan
identified 10-foot-wide multi-use trail along
the roadway.
Proffer 1.2 & 1.3, as proposed, seeks to
address concerns with development of M1
allowed uses, specific to transportation
impacts, beyond those uses studies (container
service facility) and would aid to mitigate
future transportation impacts depending on
the use.
Proffer 2 – Fire and Rescue:
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Page 7 of 9
2.1. The Owner shall contribute to the Board
the sum of $0.10 per square foot of gross
floor area for fire and rescue purposes,
payable upon the issuance of a building
permit for each structure.
Proffer 3 – Land Use:
3.1 M1- Light Industrial land uses are
proposed in two (2) phases and shall be
in conformance with the “General
Development Plan”, prepared by Pennoni
Associates Inc dated June 28, 2024.
3.2 The existing residential structure may be
converted to a business use and will be
allowed to remain as an existing
nonconforming structure at time of Right-
of Way dedication. Building gross square
footage expansion will not be allowed for
the existing nonconforming structure. All
other future building construction and site
improvements shall conform to current
zoning requirements at time of
permitting.
3.3 Existing on-site well and drain field
facilities shall meet current Health
Department design requirements and
standards for the proposed business use.
Necessary facility upgrades shall be
required to be in place at time of building
occupancy.
3.4 The following uses would be allowed, and
all other M1 uses would be restricted:
• Landscape and Horticultural
Services
• Offices and Storage Facilities for
Building Construction
Contractors, Heavy Construction
Contractors and Special Trade
Contractors
• Professional, Scientific and
Technical Services, including
Business Offices not providing
Proffers 3.4, 3.5, have been added to address
stated concerns from the Planning
Commission to limit potential allowed uses to
reduce impact on adjoining properties.
Proffer 3.6 has been added to mitigate
potential impacts of the container service uses
(hours of operation restrictions).
Proffers 3.7 and 3.8 have been added to better
address Plan policy specific to “high-quality
architecture and site design.” Other recent
rezoning application in the vicinity have
committed to 100% of the road facing facades
to be constructed of one or a combination of
the following: cast stone, stone, brick,
architectural block, glass, wood, dry vit or
stucco. The buffer treatment along the
roadway frontage is equivalent to other
applications in the vicinity.
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Page 8 of 9
services to the general public on a
primary basis.
• Business, Professional, Labor,
Political and Similar Organizations
• Public Administration and
Government Support Buildings
including Fire and Ambulance
Services
• Public Utilities
• Truck or Fleet Maintenance
Facilities
• Self-Service Storage Facilities
• Flex-Tech
3.5 The following conditional uses
shall be allowed:
• Tractor Truck and Tractor Trailer
Truck Parking
3.6 Hours of operations shall be limited to 6
am to 8 pm Monday through Saturday.
The repair and servicing operations shall
be limited to the hours of 7 am to 5 pm.
3.7 A minimum surface area of twenty-five
percent (25%) of the building façade
facing Route 277 Fairfax Pike shall be
constructed to contain one or a
combination of the following: cast stone,
stone, brick, architectural block, glass,
wood, dry vit, or stucco. The proposed
materials will be submitted to the county
for review, comment, and approval
during the permitting process.
3.8 10’ Landscape screen along the frontage
of Rt 277 Fairfax Pike with a minimum
landscaping density of three plants per 10
linear feet.
The generalized development plan (GDP) dated April 24, 2024, is included below and identifies
Phase I and Phase II use of the property.
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Page 9 of 9
Planning Commission Summary and Action From the 09/04/24 Meeting:
The Planning Commission held a public hearing on September 4, 2024. One (1) member of the
public spoke in support of the proposed rezoning application. The primary discussion among the
Planning Commission was the potential impact of the rezoning that as proposed may allow for any
allowed M1 Zoning District use, some of which may have an impact on adjoining properties. The
application was tabled to October 2, 2024 and the applicant was directed to address allowed uses,
future right-of-way (ROW) for Route 277 to accommodate a trail section, hours of operation for a
container service facility, and architecture and site design.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
58
¬«277
86 A 180
1155HUDSONHOLLOW RD
270RIDINGS LN
260RIDINGS LN
280RIDINGS LN
201RIDINGS LN
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1214FAIRFAXPIKE
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1227FAIRFAXPIKE 1237FAIRFAXPIKE 1261FAIRFAXPIKE
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REZ # 08 - 24: D and M Container ServicePIN: 86 - A - 180Rezoning from RA to M1Long Range Land Use Map
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COUNTY OF FREDERICK
Austin K. Cano
Acting County Attorney
(540) 722-8383
E-mail austin.cano@fcva.us
September 20, 2024
VIA E-MAIL
Mr. Jeffrey Scott Hendrick
D & M Waste Solutions, LLC dba D & M Container Service
312 West Main Street
Luray, Virginia 22835
Re: Rezoning Application – D & M Waste Solutions
Tax Parcel Numbers 86-A-180 (the “Property”)
Dear Mr. Hendrick:
You have submitted to Frederick County for review a proposed proffer statement (the
“Proffer Statement”) for the proposed rezoning of the Property, 13.0± acres in the Opequon
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:
• Proffer 1.1 – Deletion of the words “as necessary” in the first sentence of this proffer to
avoid ambiguity.
• Proffer 3.6 – Replacing the word “The” at the beginning of the second sentence of this
proffer to “Any,” such that it reads “Any repair and servicing operations shall be limited
to the hours of 7 am to 5 pm,” to avoid ambiguity.
71
Mr. Jeffrey Scott Hendrick
September 20, 2024
Page 2
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,
Austin K. Cano
Acting County Attorney
cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e-
mail)
Tyler Klein, Senior Planner, Frederick County (via email)
72
1
David Frank
From:Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov>
Sent:Tuesday, June 11, 2024 10:54 AM
To:David Frank;
Cc:Johnson, Joseph (VDOT); Funkhouser, Rhonda (VDOT); Tyler Klein
Subject:D&M Container Rezoning
Attachments:D&M rezoning signed.pdf
Mr. Hedrick / Mr. Frank,
VDOT has reviewed our portion of the rezoning application of tax map 86-A-180 (Owner, Jimmy A
Johnson). We have the following comment, while we do not see any issue with the proposed use, the
rezoning of the parcel to M1, would not allow us to use the traffic data provided. M1 would allow many
uses that would far exceed the 85 VPD, and we would have to look at the highest and best use for the
parcel and use that to determine the traffic impact. The proffer statement did not proffer out any specific
high traffic uses, so we would need to re-evaluate this based on the highest and best use of M1 which is
not represented in this application.
VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact
us with any questions.
Ryan
Joseph Ryan Spielman
Land Development Engineer / Edinburg Residency
Virginia Department of Transportation
540-535-1829
joseph.spielman@vdot.virginia.gov
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26
Rezoning Comments
Frederick Water
Mail to:
Frederick Water
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hand deliver to:
Frederick Water
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant's Name: _____________________________ Telephone: __________________
Mailing Address: _________________________________________
_________________________________________
_________________________________________
Location of property: _________________________________________
_________________________________________
_________________________________________
Current zoning: ___________ Zoning requested: ____________ Acreage: _______
Notice to Frederick Water - Please Return This Form to the Applicant
Applicant: Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, impact analysis,
and any other pertinent information.
Frederick Water Comments:
__________________________________________________________________________________
Please see attached letter dated May 21, 2024 from Eric Lawrence to David Frank. Thank you
________________________________________________________________________________
Frederick Water Signature & Date: May 21, 2024
75
315 Tasker Road PH (540) 868-1061 Eric R. Lawrence
Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director
www.FrederickWater.com
Water At Your Service
May 21, 2024
David Frank
Pennoni
117 East Piccadilly Street
Winchester, Virginia 22601
RE: Rezoning Application Comment
D&M Container Rezoning
Tax Map Numbers: 86-A-180
13-acre parcel
Dear Mr. Frank:
Thank you for the opportunity to offer review comments on the D&M Container rezoning
application package, dated April 2024, and received at Frederick Water on May 9, 2024.
Frederick Water offers comments limited to the anticipated impact/effect upon Frederick
Water’s public water and sanitary sewer system and the demands thereon.
The project parcel is located within the sewer and water service area (SWSA), and therefore by
county policy, Frederick Water’s water and sewer services may be extended to the site at the
user’s expense. A 12-inch water main traverses the property frontage along Fairfax Pike.
Sanitary sewer service is not presently in the vicinity.
The rezoning application package clearly intends to not pursue public sewer but proposes to
utilize private on-site waste disposal. Frederick Water has not been in discussion with the
applicant regarding this private on-site sewer disposal approach and will defer to the County
and the Health Department on the appropriateness of utilizing private on-site sewer disposal.
Water and sanitary sewers are to be constructed in accordance with Frederick Water standards
and specifications. Easements will be required to accommodate infrastructure that is dedicated
to Frederick Water. Please be aware that Frederick Water is offering these review comments
without the benefit or knowledge of a proffered proposed use and water and sewer demands
for the site.
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Page 2
D&M Container rezoning application
David Frank
May 21, 2024
Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily;
with each new customer connection bring additional demands and generated flows. Upgrades
to the sanitary sewer system will be necessary for the project to connect and contribute to the
system. This letter does not guarantee system capacities to accommodate your development
proposal.
Thank you for the opportunity to offer review comments.
Sincerely,
Eric R. Lawrence
Executive Director
Attachment: County Rezoning Comment Sheet for D&M Container Rezoning
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FAIRFAX
P
IKE
-
RT
-277
PIN 86-A-180
JIMMY A. JOHNSON, ET ALS
INST# 2023-291
13.631 AC.
ZONE: RA
PIN 86-A-183
Elizabeth A. & Elwood L. Fletcher, Jr.
Inst. #2001-1918
14.04 AC.
Zoned: RA
PIN 86-A-182
Roger E. Santos Molina
Inst.#2020-10260
0.49 AC. Zoned: RA
PIN 86-A-181
Cesar & Elvira Yong, ET ALS
Inst.# 2022-786
0.51 AC. Zoned: RA
PIN 86-A-179B
Samuel Fletcher
Inst.# 2018-8732
2.00 AC
Zoned: RA
PIN 86-A-179F
Steven Thomas & Rebecca Y. Jenkins
Inst.# 2003-8828
5.00 AC
Zoned: RA
PIN 86-A-179
Tamberla Jo & Vernon Carlson, Jr.
Inst.# 2022-11968
29.00 AC.
Zoned: RA
PIN 86-A-217
Janet M. Barr
DB 761, PG 763
42.00 AC.
Zoned: RA
REZONE TO M1
LIGHT INDUSTRIAL
±13 ACRES
EXISTING HOUSE
TO REMAIN AS
BUSINESS OFFICE
EXISTING ENTRANCE TO
BE CLOSED AND
ENTRANCE RELOCATED
PROPOSED RELOCATED
ENTRANCE
PHASE II
FUTURE M1 USE
PHASE I
M1 USE
U:\Accounts\DMCON\DMCON24001 - D&M Rezoning Appl\DESIGN\CS\RZN\DMCON24001-CS-GDP.dwg PLOTTED: 4/30/2014 1:23 PM, BY: David Frank PLOTSTYLE: Pennoni NCS.stb BYNO.DATEREVISIONSDMCON24001
AS NOTED
BEF
ORIG: 04-24-2024 REV: __-__-____
DLFAPPROVED BY
DRAWN BY
DRAWING SCALE
DATE
PROJECT
ALL DOCUMENTS PREPARED BY PENNONI ASSOCIATES ARE
INSTRUMENTS OF SERVICE IN RESPECT OF THE PROJECT. THEY ARE
NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY
OWNER OR OTHERS ON THE EXTENSIONS OF THE PROJECT OR ON
ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION
OR ADAPTATION BY PENNONI ASSOCIATES FOR THE SPECIFIC
PURPOSE INTENDED WILL BE AT OWNERS SOLE RISK AND WITHOUT
LIABILITY OR LEGAL EXPOSURE TO PENNONI ASSOCIATES; AND
OWNER SHALL INDEMNIFY AND HOLD HARMLESS PENNONI
ASSOCIATES FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES
ARISING OUT OF OR RESULTING THEREFROM.ALL DIMENSIONS MUST BE VERIFIED BY CONTRACTOR ANDOWNER MUST BE NOTIFIED OF ANY DISCREPANCIES BEFOREPROCEEDING WITH WORKPENNONI ASSOCIATES INC.117 East Piccadilly StreetWinchester, VA 22601T 540.667.2139F 540.665.0493 00 60'120'
GRAPHIC SCALE 1"=60'¬GENERAL DEVELOPEMENT PLAND&M CONTAINERTM# 86-A-180OPEQUON DISTRICT*'P
TOTAL SHEETS 1 VICINITY MAP
1" = 2,000'
SITE
HUDSON HOLLOW ROADWHITE OAKROAD84
April 2024 D&M Container Rezoning
II
IMPACT ANALYSIS
85
April 2024 D&M Container Rezoning
INTRODUCTION
The subject +/- 13-acre property identified as Tax Map 86-A Parcel 180 is currently zoned
RA Rural Areas District and located in the Opequon Magisterial District. It is located on the
south side of Rt 277 Fairfax Pike immediately across from the +/- 6.8 acres tract recently
rezoned to M1 in application RZ# 01-24 and less than 100’ east of PIN# 86-A-168
containing +/- 3 acres of M1 zoned property. Properties along this stretch of Fairfax Pike
are mixed industrial and residential land uses. Most notably, the M1 zoned Berlin Steel
(formerly Irongate) property is located +/- 700’ to the east of the subject site off Ridings
Lane and M2 zoned Storage Solutions property just 525’ to the west. RA zoned residential
tracts are currently mixed in with the industrial zoned land. The site is located wholly within
the Sewer and Water Service Area (SWSA). The applicant is confident that the proposed
rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and
development of the rezoned property under the M1 zoning district will not result in negative
net impacts.
COMPREHENSIVE PLAN
The subject property is located within the Southern Frederick Land Use Plan (SFLUP) and
is wholly within the Sewer and Water Service Area (SWSA). These documents are intended
to serve as a guide for the intended future land uses within the SWSA as properties within
those growth boundaries develop. The plans identify the subject property as industrial and
adjacent to other property also intended to be a industrial. Consequently, the proposed
rezoning of a portion of the subject property to M1 is in conformance with the
Comprehensive Plan, as the property would develop as an extension of the existing and
future commercial land uses intended by the plan.
LAND USE
The subject property seeks to rezone from the RA zoning district to the M1 Light Industrial
District. The property is bounded on all sides by RA zoned properties. However, on the
North, West and East the neighboring properties are bordered by Industrial zoned land. M1-
86
April 2024 D&M Container Rezoning
Light Industrial District is to the North and East (Berlin Steel Property) while M2-Industrial
General District is just to the West in the existing WP Business Park. The adjacent property
to the South is currently zoned RA and is bisected by the new Minor Arterial Road identified
in the comprehensive plan. The proposed land use will be compatible with the existing and
planned commercial development along the Route 277 Fairfax Pike corridor and is in
conformance with the Industrial land use planned for the property in the comprehensive
plan. The applicant proposes to utilize the front half of the property for operating the
applicants existing container service facility. The rear half of the property is planned for
future expansion and similar low traffic generating land uses. The applicant will meet all
required Zoning and subdivision requirements at the time of Site Plan or Subdivision
application.
ACCESS AND TRANSPORTATION
The Property has approximately 460’ of frontage on Route 277 – Fairfax Pike. The proposed
land use will be for the applicant’s waste container business. This facility anticipates a
maximum 10 employees and will generate a low level total daily trip. We have calculated a
total generation of 85 ADT’s for the uses in this application. These trip counts result in no
need for a right turn taper or a left or right turn lane. The applicant acknowledges any land
uses proposed with a site plan application will require full compliance with VDOT access
management design standards. Future Site Plan applicants will need to provide calculated
ADTs generated by the proposed land uses. Land uses that require additional roadway and
turn lane improvements will need to be constructed per the current VDOT design
requirements at the time of development application. This rezoning application includes a
proffer statement committing to the reservation of Right-of-Way for future road widening
improvements to Fairfax Pike should they be initiated. We are not aware of any plans to
widen this segment of the roadway at this time but have anticipated that this may occur in
the future based on recent improvements completed to the west of Warrior Drive.
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April 2024 D&M Container Rezoning
SITE SUITABILITY
The site conditions relate very positively to the proposed development activities. The
proposed rezoning would not result in impact on areas of steep slopes, stream channels,
lakes, ponds, flood plain, or wetlands. The site lies on a ridgeline sloping away to the east
and west from 2-5%. During the engineering phase of the project, a stormwater
management plan will be created to adequately and effectively retain stormwater in a manner
that will avoid negative impacts on adjacent properties. The existing soils on the subject
property are predominantly identified as 3B - Blairton Silt Loam at 2-7% slopes. There are
small areas of Blairton Silt loam with 7-15% slope and Weikert-Berks Channery silt loam
with 7-15% slopes in the southernmost end of the property. None of these soils present any
significant challenges to potential commercial land development.
SEWAGE CONVEYANCE AND WATER SUPPLY
The subject property has access to the existing watermain located on the south side of Route
277 Fairfax Pike. There are no current sanitary sewer facilities serving this property or other
properties in the subject property’s vicinity. The applicant plans to continue to utilize the
existing septic and water facilities operating for the existing structures. These facilities will
be maintained in conformance with Health department requirements.
HISTORIC SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify any structures of historic
importance on the subject site. It is also observed that the previous land use and
development of the property has resulted in the loss of any historical integrity. As such, the
re-development of the subject property will not impact historical sites and structures. It is
the desire of the applicant to preserve the existing residential building and convert its use to
the general office and meeting facility for the future business land use.
The property will reserve the necessary Right-of-Way for the widening or improving of
Route 277 Fairfax Pike provided continued use and occupancy of the existing building will
not be compromised by any potential nonconformity due to revised building setbacks from
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April 2024 D&M Container Rezoning
the roadway expansion. This structure will not be allowed to expand its footprint in the
future as a condition of the rezoning approval.
IMPACT ON COMMUNITY FACILITIES
The development of the property for the allowed commercial uses under the proposed M1
zoning will result in a net positive fiscal impact for Frederick County. Furthermore, this
application recognizes a potential increase in services for the Frederick County fire and
rescue services. 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.
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X
X
X
X
X
X
X
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X
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PARCEL ID NUMBER USE ZONING
86-A-179B Vacant Commercial RA
86-A-179F Residential RA
86-A-179 Vacant Agricultural RA
86-A-217 Vacant Agricultural RA
86-A-181 Residential RA
86-A-183 Residential RA
86-A-170 Residential RA
86-A-172 Vacant Residential RA
86-A-173 Residential RA
86-A-176 Vacant Commercial M1
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Planning Commission
Agenda Item Detail
Meeting Date: October 2, 2024
Agenda Section: Other
Title: Current Planning Applications
Attachments:
108