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HomeMy WebLinkAbout08-26 Agency Comments DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, Virginia 22824 VirginiaDOT.org WE KEEP VIRGINIA MOVING August 26, 2026 Mr. John Bishop Frederick County Director of Planning 107 N. Kent St. Winchester, VA 22601 Re: Gibson Property Rezoning Dear Mr. Bishop: This addendum serves to supplement VDOT’s original comment on the Gibson Property Rezoning, dated August 7, 2026. All comments in the original letter remain in full effect except as clarified below. Additional comments are provided in response to updated proffers submitted by the applicant on August 21, 2026. 1. The updated proffers include a trigger for the required Signal Justification Report (SJR) and associated entrance improvements tied to a building square footage threshold of 2,000,000 square feet. The SJR and associated improvements should be provided once a signal is warranted based on the actual uses proposed at the time of final site plan. A 2,000,000 square foot backstop would be acceptable; however, the improvements may be required sooner depending on the intensity of the uses proposed with the final site plan. 2. The proffer to construct improvements at the intersection of Route 522 and Route 340 is insufficient to guarantee mitigation will be provided by the developer. The proffer includes a caveat that these improvements would only be provided should sufficient right-of-way exist and it appears that the existing right-of-way may not accommodate the additional of a dedicated eastbound left-turn on Route 277 as well as an additional receiving lane on Route 277 for the second northbound left turn lane on Route 522/340. It should also be noted that these improvements would likely require replacement of the existing traffic signals at this intersection. It might be beneficial for the applicant to depict these intersection improvements within the rezoning documents to provide some level of confidence that they are of a scope that can be accomplished by the developer. Sincerely, Joseph W. Johnson, PE Area Land Use Engineer Edinburg Residency Virginia Department of Transportation DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, Virginia 22824 VirginiaDOT.org WE KEEP VIRGINIA MOVING August 7, 2026 Mr. John Bishop Frederick County Director of Planning 107 N. Kent St. Winchester, VA 22601 Re: Gibson Property Rezoning Dear Mr. Bishop: The Virginia Department of Transportation (VDOT) has completed its review of the Gibson Property Traffic Impact Study (TIS), dated July 30, 2026 , prepared in support of the rezoning request for the Gibson Property along Route 277 (Fairfax Pike) and Route 522/340. Based on our evaluation, VDOT is in general concurrence with the methodology, assumptions, and conclusions presented in the study. As part of our review, VDOT offers the following comments and recommendations for consideration by the Planning Commission/Board of Supervisors: 1. Western Parcel Entrance Alignment Requirement – During site plan development, VDOT will expect the proposed entrance serving the western portion of the Gibson Property to be aligned with the Madison Farm entrance located directly opposite on Route 277. This corridor already faces spacing constraints, and aligning these entrances is essential to limiting the number of future major intersections or traffic signals and preserving safe, efficient traffic operations. The applicant has not demonstrated that an entrance cannot be accommodated at this location. Accordingly, VDOT will consider this alignment necessary during the site plan development and review process. 2. Right-of-Way Dedication Along Route 277 - VDOT recommends that the applicant dedicate sufficient right-of-way along the project frontage to accommodate the ultimate U4D roadway section for Route 277, as identified in the Frederick County Comprehensive Plan. Securing this right-of-way at the rezoning stage is essential to support long-term corridor improvements. 3. Lack of Transportation Mitigations in Proffer Statement - Based on the proffer statement submitted to VDOT with the application, no transportation improvements or mitigations are being offered by the applicant. The TIS demonstrates significant delays at the intersection of Route 277 and Route 522/340, particularly during peak Page 2 of 2 VirginiaDOT.org WE KEEP VIRGINIA MOVING hours. Under future 2035 background conditions (without the project), the intersection is projected to operate at LOS F/F, with overall intersection delay at 109 sseconds in the AM and 161 seconds in the PM. With the development in 2035, intersection overall intersection delay increases to 147 seconds in the AM and 190 seconds in the PM. The TIS provides a mitigated scenario that includes an exclusive eastbound left turn lane and a second northbound left turn lane that improves overall intersection delay to 53 seconds in the AM (LOS D) and 94 seconds in the PM. Given these findings, VDOT cannot support the rezoning application without transportation mitigations that address the documented operational deficiencies. 4. Entrance Locations, Signalization, and Future Studies - All entrance locations, spacing, and configurations will be determined during the final site plan review process. No Signal Justification Reports (SJRs) have been provided with this rezoning application. The signal warrant analyses included in the TIS are preliminary and do not constitute an approved SJR. VDOT reserves the right to eliminate, relocate, or modify any entrance shown on the Generalized Development Plan (GDP) based on final engineering review, spacing requirements, and corridor operations. While VDOT concurs with the technical findings of the July 30, 2026 TIS, the rezoning application does not currently include the transportation commitments necessary to support safe and efficient operations along Route 277 and Route 522/340. VDOT recommends that the Board of Supervisors require the applicant to address the items outlined above as conditions of rezoning approval. Sincerely, Joseph W. Johnson, PE Area Land Use Engineer Edinburg Residency Virginia Department of Transportation 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 June 12, 2026 Thomas Moore Lawson PO Box 2740 Winchester, Virginia 22604 RE: Rezoning Application Comment Gibson Properties Rezoning Tax Map Numbers: 87-3-A; 87-3-B; 87-A-16B 294.14-acres Dear Mr. Lawson: Thank you for the opportunity to offer review comments on the Gibson Properties rezoning application package, Impact Analysis Statement dated May 27, 2026. 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 parcels 87-3-B and 87-A-16B are located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water’s water and sewer services are available to access. A 12-inch water main parallels the south side of Route 277. A sanitary sewer force main was recently constructed on and in the vicinity of the project parcels; the force main was not sized to accommodate development of the subject properties and therefore may not have capacity to support this development. When the force main was being planned, designed, and constructed, the property owner did not support more intensive development and wanted to continue their agricultural interests with the potential for 4 residences. A parallel force main was designed but not constructed as projected demands for sewer service did not warrant the additional force main capacity. Project parcel 87-3-A is not currently within the SWSA and is therefore by county policy may not access the public water and sewer. Public water and sewer facilities are not in the vicinity of parcel 87-3-A. Page 2 Gibson Properties rezoning application Thomas Moore Lawson June 12, 2026 The application’s Impact Analysis Statement dated May 27, 2026, page 2, provides the application narrative regarding water and sewer facilities: “The Sewer and Water Service Area (SWSA) defines the areas of the County to which public water and sewer services may be extended. Tax Map Numbers 87-3-A and 87-3-B are located inside of the SWSA as defined by Frederick County Staff. Domestic water will be provided by Frederick Water, and Applicant understands and acknowledges the extension of water mains that will be required to serve this project. Sanitary collection and treatment will also be provided by Frederick Water, and Applicant understands and acknowledges the timing associated with the sanitary sewer connection and the effort required by the County to make that available.” The Impact Analysis Statement is silent on proposed water and sewer demands, and applicant responsibilities. The applications states that they – the Applicant- “understands and acknowledges the timing associated with the sanitary sewer connection and the effort required by the County to make that available”. The applicant should provide proposed water and sewer demands, and clarification of the statement regarding “the effort required by the County regarding sanitary sewer”. The applicant will need to ensure that adequate water and sanitary sewer conveyance and treatment system capacity is available to achieve the projected build-out of the project. It is the applicant’s responsibility to fund the design, easement acquisition, and construction of the extensions of water and sewer services necessary to satisfy their proposed demands. Sanitary sewer infrastructure is sized reflective of anticipated flows. Gravity sewer is often easier to plan for as gravity will contribute to proper flow movement, and minimal flow is less troublesome. A sanitary sewer force main warrants much more scrutiny during design as flows through the force main must be pumped, and an oversized force main with inadequate flows can result in septic conditions. Such conditions contribute to sludge buildup, reduce flow capacity, internal corrosion, cycling fatigue, and odors. Force mains should be sized reflective of known or anticipated sanitary sewer flows. As noted above, a parallel sanitary sewer force main was designed but not constructed due to the lack of projected demands of additional sanitary sewer flow. This applicant will need to address its sanitary sewer requirements and solutions once its sanitary flow generation is more clearly known. The sewer demands and timing of when sewer demands will be realized should be considered by the applicant as they design and construct the sewer improvements necessitated by the development. If the appropriate sewer solution benefits a regional service and not solely the applicant’s properties, then a partnership with other benefiting property owners and Frederick Water should be considered. Page 3 Gibson Properties rezoning application Thomas Moore Lawson June 12, 2026 Water and sanitary sewer improvements 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 the proposed water and sewer demands for the site. Water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection brings additional demands and generated flows. This letter does not guarantee system distribution, collection and/or treatment capacities to accommodate the development proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director Page 2 Gibson Properties rezoning application Thomas Moore Lawson June 12, 2026 The application’s Impact Analysis Statement dated May 27, 2026, page 2, provides the application narrative regarding water and sewer facilities: “The Sewer and Water Service Area (SWSA) defines the areas of the County to which public water and sewer services may be extended. Tax Map Numbers 87-3-A and 87-3-B are located inside of the SWSA as defined by Frederick County Staff. Domestic water will be provided by Frederick Water, and Applicant understands and acknowledges the extension of water mains that will be required to serve this project. Sanitary collection and treatment will also be provided by Frederick Water, and Applicant understands and acknowledges the timing associated with the sanitary sewer connection and the effort required by the County to make that available.” The Impact Analysis Statement is silent on proposed water and sewer demands, and applicant responsibilities. The applications states that they – the Applicant- “understands and acknowledges the timing associated with the sanitary sewer connection and the effort required by the County to make that available”. The applicant should provide proposed water and sewer demands, and clarification of the statement regarding “the effort required by the County regarding sanitary sewer”. The applicant will need to ensure that adequate water and sanitary sewer conveyance and treatment system capacity is available to achieve the projected build-out of the project. It is the applicant’s responsibility to fund the design, easement acquisition, and construction of the extensions of water and sewer services necessary to satisfy their proposed demands. Sanitary sewer infrastructure is sized reflective of anticipated flows. Gravity sewer is often easier to plan for as gravity will contribute to proper flow movement, and minimal flow is less troublesome. A sanitary sewer force main warrants much more scrutiny during design as flows through the force main must be pumped, and an oversized force main with inadequate flows can result in septic conditions. Such conditions contribute to sludge buildup, reduce flow capacity, internal corrosion, cycling fatigue, and odors. Force mains should be sized reflective of known or anticipated sanitary sewer flows. As noted above, a parallel sanitary sewer force main was designed but not constructed due to the lack of projected demands of additional sanitary sewer flow. This applicant will need to address its sanitary sewer requirements and solutions once its sanitary flow generation is more clearly known. The sewer demands and timing of when sewer demands will be realized should be considered by the applicant as they design and construct the sewer improvements necessitated by the development. If the appropriate sewer solution benefits a regional service and not solely the applicant’s properties, then a partnership with other benefiting property owners and Frederick Water should be considered. Page 3 Gibson Properties rezoning application Thomas Moore Lawson June 12, 2026 Water and sanitary sewer improvements 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 the proposed water and sewer demands for the site. Water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection brings additional demands and generated flows. This letter does not guarantee system distribution, collection and/or treatment capacities to accommodate the development proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director (540) 955-5132 www.clarkecounty.gov Clarke County Department of Planning Berryville-Clarke County Government Center 101 Chalmers Court, Suite B Berryville, VA 22611 TO: Tyler Klein FROM: Brandon Stidham, Planning Director RE: Comments on Gibson property rezoning DATE: June 12, 2026 Thank you for the opportunity to comment on the Gibson property rezoning application. Clarke County Planning Department staff does not have any comments at this time, however we would like to reserve the opportunity to comment on any possible transportation impacts after we are able to review VDOT’s comments on this application. VDOT staff has offered to involve us in their review process. Please let me know if you have any questions. 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 August 24, 2026 Thomas Moore Lawson, Esquire Winchester Gateway LLC P.O box 2460 Winchester, VA 22604 RE: Request for Historic Resources Advisory Board (HRAB) Comments Gibson Property (REZ) Application Zoning: RA (Rural Area) District Property Identification Number (PIN): 87-A-16B, 87-3-A, 87-3-B Magisterial District: Shawnee Dear Mr. Lawson: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced REZ application during their meeting on August 21, 2026. This application seeks to rezone +/- 294.14 acres from RA (Rural Areas) to M1 (Light Industrial). The properties are located between Rt. 277 and Rt. 522 in the Shawnee Magisterial District. The HRAB was advised by the Applicant that the property identified by PIN 87-3-A is intended to be removed from the application upon formal submittal Following their review of this application, the HRAB recommended a commemorative marker for the Battle of Double Tollgate be sited on the property, that a Phase 2 Archeological Survey be conducted (if warranted by the Phase 1 Archeological Survey) and additional documenting and preservation of the architectural features of the Funkhouser Farmhouse be completed if developing the subject property identified with 87-3-A. Thank you for the opportunity to provide a summary of the August 24th HRAB meeting. Please contact our office if you have any questions or concerns. Sincerely, Eric Bittner Planner II cc: Lucas Cooke, HRAB Chairman Tyler Klein, Senior Planner COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 18, 2026 Thomas Moore Lawson, PC (tlawson@lsplc.com) P.O. Box 2740 Winchester, VA 22604 RE: Proposed Rezoning Application for Gibson Property (Estate of Monte Gibson, Jr.) Property Identification Numbers (PIN): 87-3-A, 87-3-B, & 87-A-16B Dear Mr. Lawson: Planning and Development staff had the opportunity to review the draft rezoning (REZ) application for the above project. This application seeks to rezone +/- 294.14-acres from the RA (Rural Areas) zoning district to the M1 (Light Industrial) zoning district with proffers. The subject property is located generally north and west of the intersection of Route 277 (Fairfax Pike) and Route 522 in the Shawnee 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 Southern Frederick Area Plan (2024) provide guidance on the future development of the subject property. The Plan identifies the subject properties with “industrial” and “mixed-use industrial office” (MUIO) land use designations and as being within the limits of the sewer and water service area (SWSA). “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 designed 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.” The proposed zoning district, M1 (Light Industrial) is typically associated with the future land use designation for “industrial,” for which the properties are partially designated. However, the proposal is silent on potential (or restricted uses) and how it would further County policy and the Economic Development Authorities targeted industries or the area plan envisioned “mix of flexible uses” and/or meets the intention of the “mixed-use industrial office” (MUIO) designation on portions of the properties along Route 277. At a Page 2 of 3 minimum, uses that might be noxious, unsafe, or disruptive as well as uses that generate higher traffic than what has been contemplated in the TIA should be considered for exclusion. Other elements of plan policy, such as “high quality architecture and site design” are absent or under-developed in the application materials. For example, EIFS (exterior insulation and finish system) specified as a primary building material in Proffer 1.2 is not typically considered “high quality.” No building renderings, elevations, or conceptual layout of future buildings are provided to evaluate if policies regarding architecture and site layout are being met. In this respect, plan conformance is only partially achieved. Further, sensitivity should be given to the broader area and how a future large assembly of industrial development may impact other sub-planning areas and the rural areas of Clarke County. Specifically, the Lake Frederick Urban Development Area is immediately to the south, which is planned for future residential and neighborhood village (Lake Frederick and more recently the Madison Farms projects). The uses ultimately to be developed on the Gibson properties or uses to be prohibited, should be carefully selected and their potential impacts (noise, odor, vibration, traffic) be fully mitigated. Given the surrounding area is primarily residential and agricultural, enhanced buffering and screening, lower building heights, and increased building setbacks may be appropriate mitigation measures for potential impacts and address the Plan policy for high-quality architecture and site design. The subject property identified with PIN #87-3-A does not have a future land use designation and is outside of the limits of the SWSA. The property is otherwise planned to remain “rural.” A concurrent CPPA request for this parcel did not receive consensus for further study. • Transportation & Traffic Analysis. • The Plan also identifies planned transportation improvements on the subject properties including a “new major collector” road and multiuse trail connecting Route 277 to Route 522. Additionally, a multiuse trail is envisioned along Route 522 and Route 277 (Fairfax Pike) and future widening to Route 277 (improved minor arterial). While the collector road right-of-way (ROW) is proffered, the other planned transportation improvements outlined above are missing from application materials, including the GDP and proffer statement. • The Traffic Impact Study (May 8, 2026) notes that the “future with development” key regional intersections studied (Intersections #1 & #3) continue to fail, and because there is no known transportation improvements planned, “no improvements are proposed as a result of the Gibson development.” This is grossly inadequate as it is long-standing policy in Frederick County that developments shall fully mitigate potential impacts to adjoining transportation infrastructure. Special attention should be paid to what improvements, as ultimately warranted by VDOT, could accommodate improvements to Route 522 & Fairfax Pike/Lord Fairfax Highway (Intersection #3). • A signal justification report (SJR), as noted in the TIS for Route 522 (and Site Entrances #4 & #5) and the western site entrance* on Fairfax Pike (Route 277; Site Page 3 of 3 Entrance #1), should be completed as part of the preliminary comment period, reviewed and approved by VDOT prior to acceptance of the application for public hearings. Uncertainty about the improvements necessary for a particular development and timing of when those improvements are needed raises concern for staff about the appropriateness of the proposal at this location. *Staff notes the approved Madison 277 proffer statement (REZ #07-25) also contemplates a SJR and potential traffic signal at their site entrance on Route 277. This applicant is advised to reach out to the Madison 277 owner (Dave Madison) and coordinate on how the cost and installation of a potential signal at this location could be shared among both projects, and the trigger (timing) of such improvement. • Proffer Statement. The following comments are offered on the proffer statement dated 2026. • Provide a “Original Date of Proffers.” • The proffer statement does not contemplate allowed or prohibited uses and the potential impacts to adjoining properties and roadways or mitigation measures. • Proffer 2 does not fully address level of service (LOS) failures, traffic impacts, and planned transportation improvements outlined in the Comprehensive Plan to adjoining roadways. Specifically, the TIS notes turn lanes for points-of-access to/from Route 522, and these are not expressly listed in the proffer statement. • Other Application Materials & Fee. Based on the fees adopted by the Board of Supervisors, the application fee for this CUP application would be $32,207. • Agency Comments. Agency comments are attached. Once the application is “complete,” and the fee is paid it will also need to go to the Historic Resources Advisory Board (HRAB) prior to scheduling for public hearing. All the above comments and reviewing agency comments should be appropriately addressed before staff can accept this 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 Attachments: Agency Comment Letters fmo@fcva.us Fax: 540-678-4739Phone: 540-665-6350 Winchester, VA 22602 1080 Coverstone Drive Frederick County Fire and Rescue Department Office of the Fire Marshal Other: Thomas Moore Lawson. P.C. Gibson Property White Post, Virginia 22663 1787 Fairfax Pike Business Name Printed Date: 06/16/2026 Plan Review Rezoning Status: Approved General Information 05/20/2026Received Date: 06/16/2026 06/16/2026 Review Begin Date: Review End Date: 1.0000Hours: Residential Property Use: Occupancy Type: ApplicationReview Cause: Activity Number:I056080 Activity Details Rezoning from Rural Areas to Light Industrial (M1)Project Name Comments: All future development shall comply with the Frederick County Fire Prevention Code and all other applicable codes. Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 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 __X 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): __________________jwilder@fcva.us________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. A comprehensive review shall occur at the time of site plan submission. We offer no additional comments at this time.