HomeMy WebLinkAbout02-26 Comments (2)COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Feb 9, 2026
Marisa Whitacre
Greenway Engineering
151 Windy Hill Ln.,
Winchester, VA 22602
RE: Proposed Rezoning for Plasters HVAC
Property Identification Numbers (PIN):75-A-91E
Dear Ms. Whitacre:
Planning and Development staff had the opportunity to review the draft rezoning application
(REZ). This application seeks to rezone approximately +/1.21 acres from the B2 (General Business)
Zoning District with proffers to the B3(industrial transition) Zoning District with proffers. The
subject property is located at 161 Commonwealth Ct. 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.
•Comprehensive Plan Conformance. The Comprehensive Plan (adopted November 2021)
and the Kernstown Area Plan provides guidance on the future development of the subject
property. The Plan identifies the subject properties with a “business” land use designation
and as being within the limits of the Urban Development Area (UDA). The property is in
the Interstate Commercial at 310 sub-area and adjoins the Northern Kernstown Industrial
sub-area. The Kernstown Area Plan described the future environment envision for the exit
310 sub-area.
“The improvements to the Exit 310 Interchange on interstate 81 at Route 37 furthers the
significant commercial opportunities by identifying these land uses in the Kernstown
Interstate Commercial at Exit 310 area. Future improvements identified for this area are
envisioned to continue to enhance this area’s major role for commercial and industrial
development.”
The intent of the B3 zoning district is described in §165-604.01 as “…[providing]for heavy
commercial activities, involving larger scale marketing or wholesaling, in locations that
are separate from but in the vicinity of business and industrial areas. In some cases, such
areas may be transitional, located between business and industrial areas. In these areas,
there will be a mixture of automobile and truck traffic. Some of the uses in this district will
require large areas of land and may have outdoor storage and display. It is intended that
the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such
industrial transition areas shall be provided with safe and sufficient access…”
Given the intention to enhance industrial development and proximity to a designated
industrial development site, the B3 district aligns with the future land use plan.
• General Development Plan. The general development plan (GDP) and proffer A.2
conflict. The proffer reads that the site will be brought into compliance of §165-601.02,
however the GDP does not identify any potential areas that would be potentially removed.
Areas should be identified as potential locations for greenspace conversion or the GDP
should be removed.
• Proffer Statement. The following revisions are offered for consideration as they relate to
the proffer statement dated November 26, 2025:
• Proffer A.2: Proffer A.2 should be revised to be required as part of the site plan
approval.
• Proffer A.2: See General Development Plan comment.
• Proffer C: Proffer C should be revised to be $0.10 per square foot for any new
building square footage.
• Proffer C: A new occupancy permit would not be required as it is in the same use
category. The proffer should be triggered by the change of use permit.
• Proffer B: Proffer B is not an acceptable proffer as the general development plan
does not meet code requirements. See General Development Plan comment.
• Other Application Materials & Fee.
• Provide documentation that property taxes for the site are paid and no delinquent
charges are due.
• Based on the fees adopted by the Board of Supervisors, the rezoning fee for this
rezoning application would be $5,121.
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,
Eric Bittner,
Planner II
Cc: Ben and Cassie Plaster, Get Plastered, LLC (cassie.plastershvac@gmail.com
Wayne Stillwagon, Winchester Real Estate, LLC (wstillwagon@millersoffice.com)