008-16 (RezoningCBVenturesLLC)
REZONING APPLICATION #05-16
CB VENTURES
Staff Report for the Board of Supervisors
Prepared: July 14, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
06/15/16 Public Hearing Held; Recommended Approval
Board of Supervisors:
07/27/16 Pending
PROPOSAL: Rezoning #05-16 for CB Ventures LLC.,
submitted by Greenway Engineering, to
rezone 3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District,
and 1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with
proffers. This property also has an existing IA (Interstate Area Overlay) District designation which
permits one interstate overlay sign, this is a high rise sign that allows certain uses such as gasoline
stations, restaurants and hotels to be seen from the interstate.
LOCATION:
The property is located on the south side of Martinsburg Pike (US Route 11) and the
northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317.
EXECUTIVE SUMMARY & CONCLUSIONS FOR THE 07/27/16 BOARD OF SUPERVISORS
MEETING:
This is an application to rezone a total of 4.98 acres of land from the B2 (General Business) and B3
(Industrial Transition) Districts to the B2 District with proffers to accommodate commercial uses. This
property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of
the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Northeast Land Use Plan identifies
this property with a commercial land use designation. In general, the proposed commercial zoning is
consistent with the current land use supported by the Comprehensive Plan.
With this rezoning, the Applicant has proffered to construct upgrades to Amoco Lane (Route 839)
within the limits of the existing right-of-way to the limits of their southeastern most commercial
entrance and to also provide inter-parcel connection into the adjacent Sheetz property that is currently
under construction. The Applicant has also proffered to design and construct a sewer pump station,
provide for landscaping on the properties fronting Amoco Lane and provide a monetary contribution of
$0.05 per building square foot for Fire and Rescue.
Since the Planning Commission meeting on June15, 2016 the Applicant has updated the proffers to
address the concerns of the Frederick County Sanitation Authority as requested by the Planning
Commission; specifically language has been added that incorporates the SCADA system as requested.
Rezoning #05-16 CB Ventures
July 14, 2016
Page 2
The CB Ventures rezoning application is generally consistent with future land use designations of the
2030 Comprehensive Plan and the Northeast Land Use Plan which provide guidance on the future
development of the property. A few elements of the rezoning application have been identified that
should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning
request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #05-16 CB Ventures
July 14, 2016
Page 3
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
06/15/16 Public Hearing Held; Recommended
Approval
Board of Supervisors:
07/27/16 Pending
PROPOSAL: Rezoning #05-16 for CB Ventures LLC.,
submitted by Greenway Engineering, to
rezone 3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District,
and 1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with
proffers. This property also has an existing IA (Interstate Area Overlay) District designation which
permits one interstate overlay sign, this is a high rise sign that allows certain uses such as gasoline
stations, restaurants and hotels to be seen from the interstate.
LOCATION:
The property is located on the south side of Martinsburg Pike (US Route 11) and the
northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317.
MAGISTERIAL DISTRICT:
Stonewall
PROPERTY ID NUMBERS
: 43-A-48A
PROPERTY ZONING
: B2 (General Business) and B3 (Industrial Transition) Districts
PRESENT USE:
Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Commercial
South: B2 (General Business) Use: Commercial & Residential
East: M1 (Light Industrial) Use: Industrial & Interstate 81
West: B2 (General Business) Use: Commercial
Rezoning #05-16 CB Ventures
July 14, 2016
Page 4
REVIEW EVALUATIONS:
Frederick-Winchester Service Authority:
Will there be boundaries established for service area of
pumping station and will pumping station be designed with capacity in place for that service area.
Frederick County Sanitation Authority:
Please see the attached letter from Eric Lawrence dated
March 23, 2016.
Public Works Department:
We have completed our review of the proposed rezoning application for
CB Ventures, LLC and offer the following comments:
Refer to the Impact Analysis, Suitability of the Site, Other Environmental Features:
The entire site is underlain by limestone with pronounced karst features. Indicate if a study has been
performed or will be performed to locate any potential sinkhole areas.
Refer to the Impact Analysis, Sewage Conveyance and Treatment:
The narrative indicates that the Applicant will be responsible for the design and construction of a new
sewer system that will include gravity lines, a pump station and a force main to the Red Bud Pump
Station. The proffer statement, paragraph D. Sewer Pump Station, should be expanded to include the
design and construction of the force main. In addition, the Applicant should be responsible for
obtaining the easements required to construct the force main. A geotechnical study may be required
along the proposed alignment because of the presence of existing sinkholes.
Frederick County Fire Marshall:
Plans approved.
Winchester Regional Airport:
The proposed rezoning is compatible with airport operations. Site
plans will be reviewed individually.
Virginia Dept. of Transportation:
VDOT has completed the review of the subject rezoning; our
comments are found below:
The entrance location shown on the GDP for Amoco Lane has not been evaluated by VDOT. We
final
design and location to be determined at the time
We recommend Proffer C.1 be revised to included Amoco Lane improvements along the entire frontage
rather than only to their entrance. We recommend the proffer include sidewalk and drainage in addition
to the curb and gutter.
We recommend right-of-way width along property frontage with Amoco Lane match the existing width
of right-of-way at the intersection along Sheetz frontage. (uniformity on Amoco Lane).
Frederick County Attorney:
Please see the attached letter from Roderick B. Williams dated March 4,
Rezoning #05-16 CB Ventures
July 14, 2016
Page 5
2016.
Frederick County Planning Department:
Please see attached letters from Candice Perkins dated
March 22, 2016 and John Bishop dated April 22, 2016.
Planning & Zoning:
1)Site History:
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) depicts the
zoning of the subject parcel as being split zoned B2 (General Business) District and B3
(Industrial Transition) District this zoning is consistent with the present day zoning on the
property.
This property also has an existing IA (Interstate Area Overlay) District designation which
permits one interstate overlay sign. The IA (Interstate Area Overlay) District is intended to
provide commercial businesses within an identified area the ability to utilize business signs that
are in excess of the limits specified elsewhere in the Zoning Ordinance. This flexibility is
provided to inform the traveling public of business service opportunities at specific interstate
interchange areas. IA Overlay signs are permitted for hotels, restaurants and gasoline stations.
2)Comprehensive Policy Plan:
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2030 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is, in essence, a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on
the future development of this property. The property is located within the SWSA. The 2030
Comprehensive Plan identifies this property with a commercial land use designation. In
general, the proposed commercial zoning is consistent with the current land use supported by
the Comprehensive Plan, subject to the following comments.
Transportation and Site Access
According to the
development includes a hotel and two restaurants. These uses could generate a total traffic
volume impact of 4,365 daily trips. It should be noted that the property currently has a
commercial zoning designation that could result in a greater traffic volume impact with by-
Rezoning #05-16 CB Ventures
July 14, 2016
Page 6
right use allowances (the site could currently develop with all restaurant uses) than what is
currently proposed; therefore a Transportation Impact Analysis (TIA) was not required for this
application.
Access to this site will be provided via Amoco Lane (Route 839) and through an inter-parcel
connection into the Sheetz property that is currently under construction. There will be no direct
access to Martinsburg Pike. The Applicant has proffered to design and construct improvements
to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the
exiting centerline from the limits of the pavement mill and overlay improvements performed by
Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage
for the property to the limits of the southeastern most commercial entrance serving the property
that is developed along Amoco Lane. Staff would no
entrance to be at the northwestern edge of the property and therefore minimal Amoco Lane
improvements would be constructed. The Applicant should consider upgrading Amoco Lane
along the frontage of their property.
Staff Note: Staff and VDOT recommend that the Amoco Lane improvements be extended
along the entire Amoco Lane frontage and R-O-W expansion for Amoco Lane.
3)Site Suitability/Environment:
The subject property does not contain any areas of floodplain, wetlands or other environmental
features. This area is, however, known for karst topography and special attention should be paid
during development for potential sinkholes and related impacts.
4) Potential Impacts:
A.Sewer and Water
Analysis Statement projects that the development would require
22,000 gallons per day of water; the FCSA has adequate water supply and pressure to
serve the property up to a maximum anticipated flow of 50,000 gallons per day.
lysis Statement projects that the development could produce
up to 22,000 gallons per day of sewage flow. This area currently does not have sewer
infrastructure constructed to serve the property. The Applicant has proffered to design an
on-site gravity sewer system that will tie into a new sewer pump station located in the
southeastern end of the subject property that will also be constructed by the Applicant.
This pump station will direct effluent from this area to an existing 8-inch sewer force
main located approximately 700 feet south of the subject property. The new pump station
is anticipated to be designed for 40 gpm with a peak capacity of approximately 52,750
gpd.
B.Use
According to the or
commercial development includes a hotel and two restaurants. It should be noted that
these uses are not proffered. The Applicant has restricted six uses as outlined in proffer A
Rezoning #05-16 CB Ventures
July 14, 2016
Page 7
(see below); however it is unlikely that the majority of these uses would be developed on
this property.
C.Landscaping and Buffering
This property is located in a developing area that contains a number of established
residential properties. Special attention should be provided to ensure that the impacts to
the adjacent residential properties are considered. The site currently has a row of
established trees along Amoco Lane. The Applicant has proffered to provide a landscape
buffer on the residential lots across Amoco Lane if desired by the property owners;
however there is no commitment to keep the existing vegetation.
Staff Comment: Consideration should be given to maintaining the existing mature
evergreen and deciduous trees located along Amoco Lane. Utilizing the existing
vegetation, and supplementing if necessary, would be preferable to removal and
replacement.
4)Proffer Statement, Dated February 1, 2016, revised May 9, 2016, July 1, 2016:
A)Land Use Restrictions: - The Applicant has proffered to prohibit the following uses:
Truck Stops
Golf Driving Ranges and Miniature Golf Courses
Social Services
Commercial Batting Cages Operated Outdoors
Fire and Rescue Services
Fire and Rescue Stations
Adult Retail
The Applicant has also proffered to prohibit metal building construction on the property.
B)Transportation Enhancements:
1)The Applicant has proffered to design and construct improvements to Amoco
Lane within the existing right-of-way to include pavement mill and overlay to
the exiting centerline from the limits of the pavement mill and overlay
improvements performed by Parcel 43-A-48 (Sheetz property); and for the
installation of curb and gutter along the frontage for the property to the limits of
the southeastern most commercial entrance serving the property that is
developed along Amoco Lane. Improvement shall be completed prior to the
issuance of a certificate of occupancy.
2)The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-
48 (Sheetz property) that will continue into the property from the limits of the
inter-parcel connection stub within t
Improvement shall be completed prior to the issuance of a certificate of
occupancy.
Rezoning #05-16 CB Ventures
July 14, 2016
Page 8
C)Sewer Pump Station: The Applicant has proffered to design and construct a sewer
pump station and sewer collection system with capacity sufficient to provide public
sewer service for the buildout of the property; as well as the existing residential land
uses and the existing commercial land use on the southwest side of Amoco Lane. The
sewer pump station will incorporate a SCADA system as a component of the design
plans. Should the FCSA determine that a different control system be required
subsequent to rezoning approval, it is agreed that the owner can incorporate the
different control system without the requirement of modifying this proffer.
D)Off-Site Residential Buffer: The Applicant has proffered to provide a landscape buffer
consisting of a single row of evergreen trees on the properties fronting along Amoco
Lane that are improved as residential land use if desired by the property owner.
Plantings shall occur after site plan approval during the next appropriate planting
season.
Monetary Contributions to Offset Impact of Development. A monetary contribution of
$0.05 per developed building square foot for County Fire and Rescue Services.
PLANNING COMMSSION SUMMARY AND ACTION FROM THE 06/15/16 MEETING:
Staff reported this application is to rezone a total of 4.98 acres of land from the B2 (General Business)
and B3 (Industrial Transition) Districts to the B2 District with proffers to accommodate commercial
uses. Staff stated that the site is located within the Sewer and Water Service Area (SWSA) and is
located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. It was noted
the Northeast Land Use Plan identifies this property with a commercial land use designation and the
proposed commercial zoning is consistent with the current land use supported by the Comprehensive
Plan.
Staff explained with this rezoning the Applicant has proffered to construct upgrades to Amoco Lane
within the limits of the existing right-of-way to the limits of their southeastern most commercial
entrance and to also provide inter-parcel connection into the adjacent Sheetz property that is currently
under construction. Staff continued the Applicant has also proffered to design and construct a sewer
pump station, provide for landscaping on the properties fronting Amoco Lane and provide a monetary
contribution of $0.05 per building square foot for Fire and Rescue.
Staff reported the potential impacts of this rezoning:
Amoco Lane
property and therefore minimal Amoco Lane improvements would be constructed.
The FCSA requested that this proffer be expanded to include a SCADA (Supervisory Control
and Data Acquisition) system that would coordinate with other pump station on this force
main.
Consideration should be given to maintaining the existing mature evergreen and deciduous trees
located along Amoco Lane. Utilizing the existing vegetation, and supplementing if necessary,
would be preferable to removal and replacement.
Rezoning #05-16 CB Ventures
July 14, 2016
Page 9
Evan Wyatt with Greenway Engineering reported the intent of this rezoning is the desire for hotel and
restaurant land use. He stated that regarding the VDOT comment, when the Applicant originally
submitted the rezoning package there was a GDP which showed entrances and connectivity even though
it was an older aerial; VDOT requested the Applicant eliminate entrance locations on Amoco Lane
shown on the GDP. The rezoning package was updated to eliminate the GDP.
He continued in regards to comments from the Frederick County Sanitation Authority; the Applicant
was asked to ensure the pump station and infrastructure that is being designed was not only appropriate
for the build out of this property but also the land uses on Amoco Lane. The Applicant proceeded with
the design elements for the pump station and the collection system that has been submitted to VDOT
and the Sanitation Authority. He stated that the purpose of the oversizing of the pump station is the
land uses in that area do not have access to sewer that is served by the Sanitation Authority.
Mr. Wyatt further reported in regards to the landscaping on and surrounding the property; a
neighborhood meeting was held with a good turnout and positive response from the surrounding
property owners. He explained the Applicant will landscape portions of the adjoining properties as a
landscape easement. A Commission Member inquired will the Applicant continuously maintain the
mentioned landscaping. The representative noted the Applicant has agreed to a one year vegetation
replacement and one year maintenance.
A Commission Member requested a better explanation of the Fire & Rescue proffer of $0.05 per
project and is cash positive for the County and would benefit Fire & Rescue.
A Commission Member noted he has been in contact with the Sanitation Authority regarding the
a SCADA.
A Commission Member requested clarification on the VDOT comments regarding the entrances.
Representation explained the limits of where the entrances can be are where the traffic impacts will be;
if Amoco Lane continued on it may be a different scenario but it stubs out.
A Commission Member inquired how many houses are affected in regards to the landscaping on Amoco
Lane. The representative explained the option has been offered to every property on Amoco Lane that
has a residence on it.
A Commission Member asked if the SCADA design was included in the design sent to the Sanitation
Authority. Mr. Wyatt confirmed this is correct.
A Commission Member inquired which entrance will be used for access to the property. Mr. Wyatt
clarified it would be accessed off of Amoco Lane.
A Commission Member recommended tabling this rezoning for 60 days. A Commission Member
Rezoning #05-16 CB Ventures
July 14, 2016
Page 10
inquired what the goal is by tabling for 60 days and more reasoning needs to be heard. A Commission
Member explained there are many unanswered questions in regards to the road, and the proffer to Fire
& Rescue. A Commission Member commented he agrees with the road issues and wants to make sure
the Sanitation Authority is completely satisfied. A Commission Member commented what could
possibly change with the roads in 60 days.
A motion to table REZ #05-16 CB Ventures LLC for 60 days was made and failed by majority vote.
An alternative motion was made, seconded, and unanimously passed to recommend approval with the
understanding the Frederick County Sanitation Authority be satisfied prior to the Board of Supervisors
Public Hearing.
Absent: Dunlap, Triplett, Kenney
EXECUTIVE SUMMARY & CONCLUSIONS FOR THE 07/27/16 BOARD OF SUPERVISORS
MEETING:
This is an application to rezone a total of 4.98 acres of land from the B2 (General Business) and B3
(Industrial Transition) Districts to the B2 District with proffers to accommodate commercial uses. This
property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of
the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Northeast Land Use Plan identifies
this property with a commercial land use designation. In general, the proposed commercial zoning is
consistent with the current land use supported by the Comprehensive Plan.
With this rezoning, the Applicant has proffered to construct upgrades to Amoco Lane (Route 839)
within the limits of the existing right-of-way to the limits of their southeastern most commercial
entrance and to also provide inter-parcel connection into the adjacent Sheetz property that is currently
under construction. The Applicant has also proffered to design and construct a sewer pump station,
provide for landscaping on the properties fronting Amoco Lane and provide a monetary contribution of
$0.05 per building square foot for Fire and Rescue.
Since the Planning Commission meeting on June15, 2016 the Applicant has updated the proffers to
address the concerns of the Frederick County Sanitation Authority as requested by the Planning
Commission; specifically language has been added that incorporates the SCADA system as requested.
The CB Ventures rezoning application is generally consistent with future land use designations of the
2030 Comprehensive Plan and the Northeast Land Use Plan which provide guidance on the future
development of the property. A few elements of the rezoning application have been identified that
should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning
request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
REZ # 05 - 16
1601
1593
MARTINSBURG
MARTINSBURG
CB Ventures, LLC
PIKE
PIKE
PIN:
43 - A - 48A
Rezoning from B2, B3 to B2
1571
MARTINSBURG
PIKE
ST
661
01
§
¨¦
81
11
1574
MARTINSBURG
PIKE
REZ #05-16
1544
MARTINSBURG
PIKE
§
¨¦
43 A 48A
81
1518
MARTINSBURG
140
PIKE
AMOCO LN
148
AMOCO LN
168
AMOCO LN
178
AMOCO LN
188
AMOCO LN
198
141
AMOCO LN
PRECISION DR
208
172
AMOCO LN
Applications
PACTIV
§
¨¦
WAY
Parcels
81
01
11
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
§
¨¦
EM (Extractive Manufacturing District)
81
HE (Higher Education District)
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 05 - 16
Frederick County Dept of
MH1 (Mobile Home Community District)
Planning & Development
I
CB Ventures, LLC
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
43 - A - 48A
Winchester, VA 22601
R4 (Residential Planned Community District)
Rezoning from B2, B3 to B2
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: May 23, 2016
RA (Rural Area District)
Staff: cperkins
RP (Residential Performance District)
0105210420Feet
REZ # 05 - 16
1601
1593
MARTINSBURG
MARTINSBURG
CB Ventures, LLC
PIKE
PIKE
PIN:
43 - A - 48A
Rezoning from B2, B3 to B2
1571
MARTINSBURG
PIKE
ST
661
01
§
¨¦
81
11
1574
MARTINSBURG
PIKE
REZ #05-16
1544
MARTINSBURG
PIKE
§
¨¦
43 A 48A
81
1518
MARTINSBURG
140
PIKE
AMOCO LN
148
AMOCO LN
168
AMOCO LN
178
AMOCO LN
188
AMOCO LN
198
141
AMOCO LN
PRECISION DR
208
172
AMOCO LN
PACTIV
§
¨¦
WAY
81
01
11
§
¨¦
81
Note:
REZ # 05 - 16
Frederick County Dept of
Planning & Development
I
CB Ventures, LLC
107 N Kent St
PIN:
Suite 202
43 - A - 48A
Winchester, VA 22601
Applications
Rezoning from B2, B3 to B2
540 - 665 - 5651
Parcels
Map Created: May 23, 2016
Sewer and Water Service Area
Staff: cperkins
Building Footprints
0105210420Feet
REZ # 05 - 16
1593
1601
MARTINSBURG
MARTINSBURG
PIKE
PIKE
CB Ventures, LLC
PIN:
43 - A - 48A
1571
Rezoning from B2, B3 to B2
MARTINSBURG
PIKE
ST
661
01
11
§
¨¦
1574
81
MARTINSBURG
PIKE
REZ #05-16
1544
MARTINSBURG
PIKE
43 A 48A
§
¨¦
81
Applications
Parcels
1518
MARTINSBURG
Sewer and Water Service Area
PIKE
140
Building Footprints
AMOCO LN
Long Range Land Use
148
Residential
AMOCO LN
Neighborhood Village
Urban Center
Mobile Home Community
168
Business
AMOCO LN
Highway Commercial
Mixed-Use
178
AMOCO LN
Mixed Use Commercial/Office
188
Mixed Use Industrial/Office
AMOCO LN
Industrial
Warehouse
198
Heavy Industrial
AMOCO LN
141
Extractive Mining
PRECISION DR
208
Commercial Rec
AMOCO LN
172
Rural Community Center
PACTIV
Fire & Rescue
WAY
§
¨¦
Historic
81
01
11
Institutional
Planned Unit Development
Park
Recreation
School
§
¨¦
Employment
81
Airport Support Area
B2 / B3
Note:
Residential, 4 u/a
REZ # 05 - 16
Frederick County Dept of
High-Density Residential, 6 u/a
Planning & Development
I
CB Ventures, LLC
High-Density Residential, 12-16 u/a
107 N Kent St
PIN:
Suite 202
Rural Area
43 - A - 48A
Winchester, VA 22601
Interstate Buffer
Rezoning from B2, B3 to B2
540 - 665 - 5651
Landfill Support Area
Map Created: May 23, 2016
Natural Resources & Recreation
Staff: cperkins
Environmental & Recreational Resources
0105210420Feet
FREDERICK COUNTY
SANITATION AUTHORITY
Post Office Box 1877 PH (540) 868-1061 Eric R. Lawrence
Winchester Virginia 22604-8377 Fax (540) 868-1429 Executive Director
www.fcsa-water.com
March 23, 2016
Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Rezoning Application Comment
CB Ventures LLC Commercial
Tax Map Numbers: 43-A-48A
3.75 acres
Dear Mr. Wyatt:
Thank you for the opportunity to offer review comments on the CB Ventures LLC Commercial
rezoning application package, dated February 1, 2016. The Frederick County Sanitation
Authority (FCSA) offers comments limited to the anticipated impact/effect upon the Authority’s
public water and sanitary sewer system and the demands thereon.
The project parcels are in the sewer and water service area (SWSA) and are served by FCSA.
Based on the project’s location both water and sanitary sewer services are available within a
reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment
plant is also presently available for the application’s impact statement anticipated 22,000 gpd.
Sanitary sewer conveyance from the site to the existing FCSA sewer system may be challenged
due to limited available capacities in the nearby sewer force mains. The October 28, 2015 letter
from FCSA to the property owner – Orr Partners, referenced in the project’s Impact Analysis
Statement, certainly offers a potential sewer conveyance solution; the solution was valid as of the
writing of the letter. This solution involves the use of a SCADA system to coordinate
introduction of wastewater flows into the sewer force main.
The applicant’s proffer, dated February 1, 2016, to construct a sewer pump station that will serve
the site, and be designed with excess capacity to serve adjacent properties, is appreciated. In
order to fully implement the solution of the October letter, this pump station should also include
WATER’S WORTH IT
Page 2
RE: CB Ventures LLC Commercial
Mr. Evan Wyatt
March 23, 2016
a SCADA system that is coordinated with other pump stations on this force main. The proffer
was silent on the SCADA system component.
Please keep in mind that sewer conveyance capacities and water supplies change daily, and with
new customer connections bring additional flows. This letter does not guarantee system
capacities to accommodate your development proposal.
Water and sanitary sewers are to be constructed in accordance with the FCSA standards
specifications. Dedicated easements may be required and based on the layout vehicular access
will need to be incorporated into the final design.
Thank you for the opportunity to offer review comments.
Sincerely,
Eric R. Lawrence, AICP
Executive Director
Attached: October 28. 2015 letter
Cc: Michael T. Ruddy, AICP, County Planning Department
IMPACT ANALYSIS STATEMENT
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
Stonewall Magisterial District
Frederick County, Virginia
TM 43-((A))-48A
May 9, 2016
Current Owner: CB Ventures, LLC
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 4.98±-acre subject property owned by CB Ventures LLC, and
identified as Tax Map Parcel 43-A-48A. The subject property is located in the southwest
quadrant of Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 11) and
the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48A is split-zoned, with
of 1.23± acres of B-2, Business General District and 3.75± acres of B-3, Industrial Transition
District land area. The Applicant proposes to rezone the 4.98±-acre subject property to B-2,
Business General District with proffers to allow for the redevelopment of the 4.98±-acre
subject property for highway commercial land use.
Basic information
Location: Fronting on the south side of Martinsburg Pike (U.S.
Route 11) and the northwest side of Amoco Lane (Rt.
839), at the southwest quadrant of Interstate 81 Exit
317.
Magisterial District: Stonewall District
Property ID Numbers: 43-A-48A
Current Zoning: B-2, Business General District (1.23± acres)
B-3, Industrial Transition District (3.75± acres)
Current Use: Undeveloped
Proposed Zoning: 4.98±-acres with proffers for the subject property
Proposed Use: Commercial (Hotel and Restaurant Preferred Option)
Total Rezoning Area: 4.98±-acres with proffers for the subject property
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial and institutional land use development is encouraged in the County.
The 4.98±-acre subject property is currently located within the UDA; therefore, expansion of
the UDA boundary to accommodate the proposed development of commercial land useis not
required for this rezoning application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 4.98±-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed development of commercial land use is not required for this rezoning application.
Comprehensive Plan Conformity
The 4.98±-acre subject property is located in the UDA and the SWSA and is within the study
area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use
Plan is a large-area plan that identifies land uses, transportation networks, and other matters
that are recommended for consideration for future land use and development within this
geographic area of the County. The 4.98±-acre subject property is identified for business
land use; therefore, the proposed B-2, Business General District rezoning is in conformance
wit
plan for hotel and restaurant land use for the proposed B-2, Business General District
rezoning is appropriate based on the proximity of the subject property to the Interstate 81
Exit 317 interchange and Martinsburg Pike (US Route 11 North).
SUITABILITY OF THE SITE
Access
The 4.98±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route
11), approximately 400 feet west of the Interstate 81 Exit 317 interchange.Access to the
subject property will be provided with full access entrances along Amoco Lane (Route 839)
and through an inter-parcel connection with the Sheetz Convenience Store that will allow for
access to this site and access to a right-out only entrance along Martinsburg Pike.
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
Flood Plains
The 4.98±-acre subject property does not contain areas of floodplain as demonstrated on
FEMA NFIP Map #51069C0209D, Effective Date September 2, 2009; as well as information
from the Frederick County GIS Database.
Wetlands
The 4.98±-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information from the Frederick County GIS
Database.
Soil Types
The 4.98±-acre subject property contains one soil type as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil type
is present on site:
32B Oaklet Silt Loams 2-7% slope
The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell
properties. The portion of the subject site proposed to be rezoned was previously developed
as an 84 Lumber Retail Center and Lumber Yard and developed properties within close
proximity of the site have the same soil type. The site soil type is conducive for commercial
redevelopment of the subject property.
Other Environmental Features
The 4.98±-acre subject property does not contain areas of steep slope, lakes or ponds or
natural stormwater retention areas as defined by the Frederick County Zoning Ordinance.
The subject property is located in the geographic portion of the County that is underlain by
karst geology. The Owner has not performed a study to locate sinkholes to date; however,
geotechnical analysis of the development areas on the project site will be performed in
conjunction with the construction phase of the commercial redevelopment project. There are
no known environmental features present that create development constraints for the
proposed commercial development project.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: B-2, Business General District Use: Hotel, Restaurant and
Convenience Store
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
South: B-2, Business General District Use: Residential and Unimproved
East: M-1, Light Industrial District Use: Unimproved
West: B-2, Business General District Use: Residential, Unimprovedand
Convenience Store
TRANSPORTATION
option for commercial development includes a hotel and two
in the B-2 District and the B-
3 District; however, hotels are only allowed in the B-2 District. Greenway Engineering
coordinated with the County Transportation Planning Director to identify potential traffic
determination regarding the need for a traffic impact analysis (TIA) for the rezoning
application process.
th
Greenway Engineering utilized traffic projection data from the ITE Manual - 9 Edition for a
100 room hotel and two fast food restaurants with drive-thru window service, resulting in a
total traffic volume impact of 4,365 daily trips. The fast food restaurants with drive-thru
window service account for 3,472 daily trips of the total traffic volume; therefore, the 892
daily trips for the hotel that are projected by the ITE Manual represent the traffic impacts
associated with the rezoning application. The development of an additional by-right
restaurant within the subject property would result in a greater traffic volume impact than
would otherwise occur if a hotel was developed. The County Transportation Planning
Director reviewed the land use and traffic analysis and advised that a TIA would not be
necessary for the rezoning application process.
Greenway Engineering previously worked with VDOT and the County Transportation
Planning Director on behalf of Sheetz to process an access management exception request for
the redevelopment of their convenience store and gasoline canopy. The access management
exception request, which received formal approval by VDOT on August 14, 2014, calls for
the elimination of several existing entrances, the creation of a right-in/right-out entranceand
a separate right-out entrance, and the provision for inter-parcel access for the benefit of the
subject property. Frederick County recently approved a Site Development Plan for this
project and Sheetz has commenced construction, which will incorporate these access
management improvements. The
construction of inter-parcel access that will be accomplished during the Site Development
Plan that adjoins this ingress/egress easement for the Sheetz project that will provide this
connection. Additionally, VDOT has approved a public improvement plan for Sheetz that
implements curb and gutter improvements along the Amoco Lane frontage; as well as the
milling and overlay of Amoco Lane from the Sheetz property line to the centerline of Amoco
identical improvements along the Amoco Lane frontage of the subject property through the
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
limits of the first commercial entrance that will be accomplished during the first Site
Development Plan that is submitted to Frederick County.
The rezoning of the subject property will allow for the development of a hotel facility, which
is not a permitted land use in the current zoning district. The hotel facility traffic generation
will result in a reduction of vehicle trips that would otherwise be permitted as by-right
development for this portion of the property. The Applicant
improvements to Amoco Lane that will complete pavement and drainage enhancements from
the Sheetz property to the limits of the southeastern most commercial entrance; as well as
incorporating inter-parcel connectivity to allow for vehicular access to the new convenience
store and gasoline pumps, and for right-turn access to Martinsburg Pike for Interstate 81 and
U.S. Route 11 traffic movement. The proposed application and proffer statement sufficiently
mitigates transportation impacts associated with this conditional rezoning request.
SEWAGE CONVEYANCE AND TREATMENT
The 4.98±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public sewer based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public sewer
service within this area of the County, but does not currently have sewer infrastructure within
or adjacent to the property. FCSA has issued a letter dated October 28, 2015 in reference to
this property that states the FCSA and the Frederick Winchester Service Authority have
adequate capacity at the wastewater treatment plant to accommodate the maximum proposed
sanitary flows and that the Red Bud Pump Station can also accommodate the added flows
from the development of this property.
Greenway Engineer has worked with FCSA to determine the appropriate approach for the
development of sewer infrastructure to provide sewer service to the subject property with
available capacity for adjoining properties along Amoco Lane (Route 839). Greenway
Engineering has utilized 2015 FCSA water meter data with an applied 1.5 calculation factor
of safety
and has included calculated flows for the Goldstar Motors and existing residential uses along
Amoco Lane. These calculations project a conservative sewer demand flow of 22,000 gpd
for the existing land uses and for the commercial buildout of the subject property.
Greenway Engineering will design an on-site gravity sewer system that collects effluent from
the commercial land uses proposed to be developed on the subject site, which will also allow
for off-site land uses to connect to this system. The on-site gravity sewer system will tie into
a new sewer pump station that will be located in the southern end of the subject property that
will direct effluent from this area to an existing 8-inch sewer force main located
approximately 700 feet south of the subject property. The sewer new pump station is
anticipated to be designed for 40 gpm with a peak capacity of approximately 52,750 gpd.
The proposed sewer design will accommodate existing and proposed land uses located on the
subject property and along Amoco Lane and has been submitted to FCSA for review and
approval.
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
The proposed buildout of commercial land use on the subject property is projected to
increase sewer flows at the Opequon Wastewater Treatment Facility by approximately
22,000 gpd, which accounts for the future connection of existing commercial and residential
land uses along Amoco Lane. The Applicant will be responsible for the design and
construction of a new sewer system that will include gravity lines, a pump station and a force
main to connect to the Red Bud Pump Station. The FCSA has determined that this approach
is appropriate for addressing sewer impacts associated with this rezoning proposal; therefore,
the Applicant has adequately addressed sewer impacts associated with this proposal.
WATER SUPPLY
The 4.98±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public water based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public water
service within this area of the County and has
Martinsburg Pike (US Route 11 North) and Amoco Lane (Route 839) that provides public
water to the property. FCSA has issued a letter dated October 28, 2015 in reference to this
property that states the FCSA has adequate water supply and pressure to serve the property
up to a maximum anticipated flow of 50,000 gpd.
Greenway Engineer has worked with FCSA to determine water and sewer demands required
el and restaurant land use. Greenway
Engineering has utilized 2015 FCSA water meter for these land uses and has applied a 1.5
calculation factor of safety to develop a conservative water demand projection of 22,000 gpd
for the buildout of the subject property. The projected water demand of 22,000 gpd falls well
below the available water supply identified by FCSA for this site; therefore, there is adequate
supply and pressure that will be available for the buildout of commercial land use for the
proposed development project.
SITE DRAINAGE
The topographic relief on the 4.98±-acre subject property generally follows a north to south
pattern, which directs drainage from Martinsburg Pike (US Route 11 North) and Amoco
Lane (Route 839) towards the rear of the property adjacent to Interstate 81. The subject site
was previously developed as an 84 Lumber Retail Center and Lumber Yard, which did not
create adverse stormwater impacts to adjoining properties. The commercial development of
the subject property will incorporate stormwater management design that is anticipated to
include a small stormwater detention pond on the eastern portion of the site near the
Interstate 81 southbound on-ramp, and a small stormwater detention pond on the rear portion
of the site near the Interstate 81 southbound on-ramp. Stormwater quality measures will be
evaluated during the Site Development Plan process and will be achieved through on-site
quality measures, nutrient credits, or a combination of both. The stormwater quantity and
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
quality measures will be designed in conformance with all applicable state and local
regulations; therefore, site drainage and stormwater management impacts to adjoining
properties and the community will be mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities associated with the redevelopment of the 4.98±
subject site can be projected from an average annual commercial consumption of 5.4 cubic
th
yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4
edition). The
two restaurants; therefore, solid waste disposal impacts are based on the following figures
that provide the increase in average annual solid waste volume based on the development of
70,000 square-feet of commercial land use:
AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial
AAV = 5.4 cu. yd. 70 (1,000 sq. ft.)
x
AAV = 378 cu. yd. at build-out, or 264.6 tons/yr. at build-out
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The projected commercial development will generate
approximately 265 tons of solid waste annually on average. This represents a 0.13% increase
in the annual solid waste received by the Municipal Solid Waste area of the Regional
Landfill, which currently averages 200,000 tons per year. Solid waste produced by the
commercial development will be disposed at the Regional Landfill by a commercial waste
hauler; therefore, the County will receive tipping fees associated with this land use to
mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid
waste impacts associated with this proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify structures deemed to be
historically significant on the 4.98±-acre subject property, nor does the survey identify
properties within proximity of this site that are deemed potentially significant. The National
Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 4.98±-acre
subject property as being located within the Second Winchester Stephensons Depot study
area boundary; however, the subject property is located well outside of the defined core
battlefield area and is also defined as having lost integrity due to existing development
patterns. Therefore, the commercial development plan for the property will not create
negative impacts associated with historic resources.
File #2022C Impact Statement/EAW
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Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
OTHER POTENTIAL IMPACTS
The commercial development of the 4.98±-acre subject property will provide new economic
Development Impact Model to be positive in the consideration of fiscal impacts to County
Capital Facilities. It is recognized that the development of commercial land use has the
potential to increase service demands on fire and rescue services; therefore,
Proffer Statement provides a monetary contribution of $0.05 per developed building square
foot to the County to provide additional revenues that are specifically directed to fire and
-site
evergreen landscaping enhancements for existing residential lots along Amoco Lane if
desired by the individual property owners even though their properties are currently zoned
B2, Business General District.
File #2022C Impact Statement/EAW
9
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