HomeMy WebLinkAbout06-25 BOS Staff Report REZONING #06-25
HARA Properties LLC (D & M Container Service)
Staff Report for the Board of Supervisors
Prepared: September 12, 2025
Staff Contact: Amy L. Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 3, 2025 Action: Recommended Approval
Board of Supervisors: September 24, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 86-A-180
Address 1290 Fairfax Pike, White Post, VA
Magisterial District Opequon
Acreage +/- 13 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial) with Proffers
Land Use: Residential (Vacant)
Proposed Zoning M1 (Light Industrial) with modified Proffers
Adjoining Property Zoning & Present Land Use
North: RA (Rural Area) Land Use: Residential
South: RA (Rural Area) Land Use: Vacant
East: RA (Rural Area) Land Use: Residential
West: RA (Rural Area) Land Use: Residential
Proposed Use
This is a request to rezone +/-13-acres from M1 (Light Industrial) Zoning Districts with
proffers to M1 (Light Industrial) Zoning District with modified proffers for a Solid Waste
Collection Facility.
Positives
Concerns
Solid Waste Collection limited to roll off
container service was added as permitted use.
This was inadvertently left out with REZ #08-
24.
Clarification was added to reflect the
additional regulations for specific use for
Truck or Fleet Maintenance Facilities.
None
Page 2 of 3
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Virginia
Department of
Transportation
(VDOT)
August 5,
2025
“VDOT is in support of the proposed
revised rezoning proffer amendment
dated 7.29.25”.
Frederick-Health
Department
July 31,
2025
“This office has no objections to the
proffer statement revision 7.22.25.”
Frederick County
Public Works
August 8,
2025
“We offer no comment at this time.”
Frederick County
Fire Marshal
August 9,
2025
“Future development shall comply
with the Frederick County Fire
Prevention Code and other applicable
codes pertaining to life safety.”
Planning & Zoning Staff Analysis:
The previous rezoning application (REZ #08-24) was approved by the Board of Supervisors on
November 13, 2024. The subject property was rezoned from an RA (Rural Area) Zoning District
to M-1 (Light Industrial) Zoning District with proffers. This application seeks to amend the
restricted uses contained within the proffer statement to include Solid Waste Management. Solid
Waste Management was the initial intent of the rezoning but was unintentionally left out of the
permitted uses listed in the proffers. The Planning Commission recommended revising Solid Waste
Management to Solid Waste Collection limited to Roll-Off Container Services. The proffers were
revised to reflect this change.
Additional language was added to the Truck or Fleet Maintenance Facility use to incorporate
additional requirements listed in the zoning ordinance under Part 204, Additional Regulations for
Specific Use.
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 property within the “Route 277 Triangle – Centers of Economy” and having
an “industrial” land use designation. The property is located in the Sewer and Water Service Area
(SWSA) and outside the Urban Development Area (UDA).
Page 3 of 3
“The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial
and industrial opportunity that is fully supportive of the Frederick County Economic Development
Authority’s targeted goals and strategies. The intent of the mixed-use designation is to further
enhance the County’s commercial and industrial areas and to provide focus to the County’s future
regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent
locations is encouraged. Such areas are supported by substantial areas of industrial and
commercial opportunity and provide for areas that are well designated with high quality
architecture and site design. It is the intent of such areas to promote a strong positive community
image. Residential land uses are not envisioned in this area.”
Transportation & Site Access:
The transportation proffer statement remains unchanged and provides for 52.5’ right-of-way
(ROW) reservation along Fairfax Pike and includes the multi-use pedestrian trail. The provision
remains for a Traffic Impact Analysis (TIA) at the time of site plan for any uses generating more
than 85 daily trips.
Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Revision Date 06/16/25)
Staff Comment
Proffer 1 – Transportation No comment.
Proffer 2 - Fire and Rescue No comment.
Proffer 3 – Land Use No comment.
Planning Commission Summary & Action from the 09/03/25 Meeting
The Planning Commission held a public hearing on September 3, 2025. The Planning Commission
discussed concerns with the types of materials and accumulation of waste material on site, as well
as the typical daily business operations. The applicant explained that it is not the intent of the
applicant to store waste materials on site except on rare occasions when late evenings prevent
delivery to the landfill. The applicant explained that the containers would then be transported to
the landfill once the landfill has reopened. The Planning Commission discussed the additional
permitted uses that would be allowed with an umbrella of Solid Waste Management and
recommended a limitation of Solid Waste Collections limited to Roll-off Container Services only
and to further prohibit the property from being utilized as any waste transfer station. The applicant
had no objections to this modification.
The Planning Commission voted 12-0 to recommend approval of the proposed rezoning
(Commissioner Markert & Kerns absent).
Following a public hearing, staff is seeking a decision from the Board of Supervisors on this
Rezoning application