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Home My WebLink About05-26 CommentsCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 4, 2026 Marisa Whitacre Greenway Engineering 151 Windy Hill Ln., Winchester, VA 22602 RE: Proposed Rezoning for Busy Bay Daycare Property Identification Numbers (PIN): 33-A-93 Dear Ms. Whitacre: Planning and Development staff had the opportunity to review the draft rezoning application (REZ). This application seeks to rezone approximately +/0.56 acres from the B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers. The subject property is located at 4489 Martinsburg Pike in the Stonewall 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 Northeast Land Use Area Plan provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “mixed use industrial office” (MUIO) land use designation and as being within the limits of the Urban Development Area (UDA). The Northeast Land Use Area Plan describes the future environment envisioned for the mixes use industrial office. “These areas are intended to develop with targeted growth sectors identified by the County’s Economic Development Authority (EDA), as well as similar industries that are likely to bring higher wages, professional and/or technology jobs. Uses which significantly contribute to air, noise, and light pollution as well as business that create large volumes of truck traffic are discouraged in these areas. Consideration of uses outside the identified targeted businesses should only be considered if they are secondary and complementary to these targeted businesses.” The intent of the B2 zoning district is described in §165-604.01 as “…[providing] large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. …” The proposal for additional allowed use (health care services) does not otherwise further the plan policy for MUIO and is not identified as an EDA targeted industry in the Comprehensive Plan. The B2 is also not typically associated with the planned land use. However, given the existing zoning of the property is B2, the proposed rezoning does not other modify the current use of the property as “commercial”. • Proffer Statement. The following revisions are offered for consideration as they relate to the proffer statement dated April 10, 2025: • Proffer A.1: This proffer is not relevant to the request or property and should be removed. • Proffer A.2: Revise to use the NAICS use terminology and remove code numbers (SIC and NAICS). • Proffer B.1: Tax map parcel 33-A-92 is not subject to this rezoning and should be removed. Tax map parcel 33-A-92 would continue to be subject to the proffers approved with REZ #01-10. • Proffer B.2: This should be revised to the amount necessary to equal a 105' total ROW for the future condition of Martinsburg Pike. • Proffer C.1: This proffer should be revised to cite the revised section of Proffer A, from this letter’s earlier comment. • Disclosure of real parties in interest. From previous discussions, it is staff’s understanding that there is a contract purchaser for the property. Provide that name, interest, and officer/director of the contract purchaser under “other interested parties”. Other Application Materials & Fee. Based on the fees adopted by the Board of Supervisors, the application fee for this rezoning would be $5,056. 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: Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us Andrew Fox (andrew.fox@fcva.us) The proffer statement meets the requirements of the Frederick County Zoning Ordinance and the Code of Virginia and is legally sufficient as proposed for recordation. 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 is being undertaken by staff and the Planning Commission. 4 4 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us Ryan Spielman joseph.spielman@vdot.virginia.gov VDOT has no comments on this proposed rezoning. 4 4 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us 4/15/2026. John Lee. Johnathan.Lee@fcva.us Change of use permit application needs to be applied for and obtained. New C.O will be issued upon approval of permit. 4 4