020-19 (RezoningCBVenturesLLC)REZONING APPLICATION #02-19
CB VENTURES, LLC.
Staff Report for the Board of Supervisors
Prepared: August 30, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
08/07/19 Public Hearing Held; Recommended
Approval
Board of Supervisors:
09/11/19 Pending
PROPOSAL:
To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16.
LOCATION:
The subject property is located at the south side of Martinsburg Pike (Route 11) and the
northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/11/19 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16. The site is located within the limits of the Northeast Land
Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use
designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the
.
Comprehensive Plan The Planning Commission did not identify any concerns with the request and
recommended approval of the application at their August 7, 2019 meeting.
The proffers associated with this rezoning request are as follows:
Proffer Statement
Dated June 25, 2019:
A)Land Use Restrictions: - The Applicant has proffered to prohibit the following uses:
Truck Stops
Drive-in Motion Picture Theaters
Golf Driving Ranges and Miniature Golf Course
Fire and Rescue Stations
Tractor Truck and Tractor Trailer Parking
*Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings
on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
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
existing 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 of the Property to the limits of the southeastern most
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 2
commercial entrance serving the Property that is developed along Amoco Lane.
These improvements will be designed and constructed by the Owner concurrent
with the development of the first approved Site Development Plan for the Property
and will be completed prior to the issuance of the first Certificate of Occupancy
Permit associated with the Property.
2)The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E
that will continue into the Property from the limits of the inter-parcel connection
stub within the 30ingress/egress easement on the adjoining properties. This
improvement will be designed and constructed by the Owner concurrent with the
development of the Site Development Plan for the Property and will be completed
prior to the issuance of the Certificate of Occupancy Permit associated with this Site
Development Plan.
*Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with
a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
C)Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on
the properties fronting along Amoco Lane (Route 839) that are improved as residential
land use if desired by the individual off-site owners. The Owner shall provide a letter to
each property owner within 30 days of final approval for the first Site Plan proposed for
the Property, which advises of the Owners offer to pay the cost for the installation of a
single row of evergreen trees that are a minimum of four feet in height and planted on 10-
foot centers in a location acceptable to each property owner. The letter will require the off-
site property owners to respond in writing within 90 days of receipt of the letter advising
the Owner of the desire to have the landscape buffer installed within a landscape easement
provided on the off-site property. The Owner shall install the proffered landscape buffer
during the next appropriate planting season and shall be responsible for the replacement of
any trees that does not survive for a period of one year from the date of installation.
D)Monetary Contributions to Offset Impact of Development. A monetary contribution of
$0.10 per developed building square foot for County Fire and Rescue Services.
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 #02-19 CB VENTURES, LLC.
August 30, 2019
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:
08/07/19 Public Hearing Held; Recommend
Approval
Board of Supervisors:
09/11/19 Pending
PROPOSAL:
To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District
in 2016 with the approval of Rezoning #05-16.
LOCATION:
The subject property is located at the south side of Martinsburg Pike (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 NUMBER:
43-A-48E
PROPERTY ZONING
: B2 (General Business) District
PRESENT USE:
Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) District Use: Commercial
South: B2 (General Business) District Use: Commercial & Residential
East: M1 (Light Industrial) District Use: Industrial & Interstate 81
West: B2 (General Business) District Use: Commercial
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 4
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
A VDOT review has been conducted on the CB Ventures, LLC
Commercial Rezoning received May 29, 2019. The rezoning of this 1.04+/- acre parcel from B2, Business
General District, with proffers to establish 1.04+/- acre of B3, Industrial Transition District with proffers,
has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no
negative impact on the current transportation system, VDOT has no objections to this rezoning.
Frederick -Winchester Service Authority
: FWSA defers comments to Frederick Water.
Frederick Water:
Please see letter from Eric R. Lawrence, AICP, Executive Director dated June 18,
2019.
Frederick County Department of Public Works:
We offer no comments at this time.
Frederick County Fire Marshall:
Plan approved.
Frederick County Attorney:
ised proffer statement dated June 25, 2019, and it
resolves my previous comments.
Planning & Zoning:
2)Site History
The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval
of Rezoning #05-16.
3)Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 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 2035 Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Land Use
The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan
and depicts the subject property with commercial land use designation. The existing B2 Zoning as
well as the requested B3 Zoning are consistent with the Comprehensive Plan.
3) Proffer Statement
Dated June 25, 2019:
A)Land Use Restrictions: - The Applicant has proffered to prohibit the following uses:
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 5
Truck Stops
Drive-in Motion Picture Theaters
Golf Driving Ranges and Miniature Golf Course
Fire and Rescue Stations
Tractor Truck and Tractor Trailer Parking
*Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings
on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
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
existing 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 of the Property to the limits of the southeastern most
commercial entrance serving the Property that is developed along Amoco Lane.
These improvements will be designed and constructed by the Owner concurrent
with the development of the first approved Site Development Plan for the property
and will be completed prior to the issuance of the first Certificate of Occupancy
Permit associated with the Property.
2)The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E
that will continue into the Property from the limits of the inter-parcel connection
stub within the 30ingress/egress easement on the adjoining properties. This
improvement will be designed and constructed by the Owner concurrent with the
development of the Site Development Plan for the Property and will be completed
prior to the issuance of the Certificate of Occupancy Permit associated with this Site
Development Plan.
*Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with
a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16.
C)Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on
the properties fronting along Amoco Lane (Route 839) that are improved as residential
land use if desired by the individual off site owners. The Owner shall provide a letter to
each property owner within 30 days of final approval for the first Site Plan proposed for
the Property, which advises of the Owners offer to pay the cost for the installation of a
single row of evergreen trees that are a minimum of four feet in height and planted on 10-
foot centers in a location acceptable to each property owner. The letter will require the off-
site property owners to respond in writing within 90 days of receipt of the letter advising
the Owner of the desire to have the landscape buffer installed within a landscape easement
provided on the off-site property. The Owner shall install the proffered landscape buffer
during the next appropriate planting season and shall be responsible for the replacement of
any trees that does not survive for a period of one year from the date of installation.
D)Monetary Contributions to Offset Impact of Development. A monetary contribution of
$0.10 per developed building square foot for County Fire and Rescue Services.
Rezoning #02-19 CB VENTURES, LLC.
August 30, 2019
Page 6
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/07/19 MEETING:
Staff reported this application is to rezone 1.04+/- acres from the B2 (General Business) District to the B3
(Industrial Transition) District with proffers. Staff then provided an overview of the proffers offered with
the rezoning.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted Rezoning #02-19. Mr.
Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is
putting in the onsite structures and improvements on Amoco Lane with a gravity sewer lane with approval
from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer
+/-
for 1.04 acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt
continued; the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping
on their property; to date three (3) landowners have contacted the Applicant to have the improvements done
that will take place in the Fall of 2019.
There were no public comments during the public hearing and the Planning Commission recommended
approval of the rezoning application.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Board of Supervisors.
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Zoning Map
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REZ #02-19
43 A 48E
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Application
Parcels
B2 (General Business District)
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Location Map
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MARTINSBURG
PIKE
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REZ #02-19
43 A 48E
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Application
Parcels
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
REZ # 02 - 19: CB Ventures, LLC
PIN: 43 - A - 48E
1601
MARTINSBURG
Rezoning from B2 to B3
PIKE
Long Range Land Use Map
1593
MARTINSBURG
PIKE
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81
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REZ #02-19
Application
43 A 48E
Parcels
Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
1574
Mixed Use Commercial/Office
MARTINSBURG
Mixed Use Industrial/Office
PIKE
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Sensitive Natural Areas
Institutional
Planned Unit Development
Park
Recreation
School
Employment
§
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Airport Support Area
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B2 / B3
165
Residential, 4 u/a
AMOCO LN
High-Density Residential, 6 u/a
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High-Density Residential, 12-16 u/a
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140
Rural Area
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AMOCO LN
Interstate Buffer
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Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
050100200Feet
Map Created: July 8, 2019
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
Tax Parcel 43-A-48E
Stonewall Magisterial District
Frederick County, Virginia
May 10, 2019
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 May 10, 2019 CB Ventures, LLC Commercial Rezoning
CB VENTURES, LLC
COMMERCIAL DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 1.04±-acre subject property owned by CB Ventures LLC and
identified as Tax Parcel 43-A-48E. 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-48E is currently zoned B-2, Business General District with proffers.
The Owner proposes to rezone the 1.04±-acre subject property to B-3, Business Industrial
Transition District with proffers to allow for the development of the 1.04±-acre subject as an
automotive tire and battery service facility. The County Planning Department identifies this
type of facility under SIC Major Group 75 Automotive Repair, Services, and Parking;
therefore, the rezoning of the subject property from the B-2, Business General District to the
B-3, Business Industrial Transition District is required to allow for this land use on the
subject property.
Basic information
Location: Fronting on the south side of Martinsburg Pike (U.S.
Route 11) and the west side of Interstate 81, at the
southwest quadrant of Interstate 81 Exit 317.
Magisterial District: Stonewall District
Property ID Numbers: 43-A-48E
Current Zoning: B-2, Business General District with proffers
Current Use: Undeveloped
Proposed Zoning: B-3, Industrial Transition District with proffers
Proposed Use: Automotive Tire and Battery Service Facility
Total Rezoning Area: 1.04±-acres with proffers
File #2022C Impact Statement/JRM 2
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
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 1.04±-acre subject property is currently located within the UDA; therefore, expansion of
the UDA boundary to accommodate the proposed development of an automotive tire and
battery service facility or other commercial land uses is 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 1.04±-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed development of an automotive tire and battery service facility or other commercial
land uses is not required for this rezoning application.
Comprehensive Plan Conformity
The 1.04±-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 1.04±-acre subject property is identified for business
land use; therefore, the proposed B-3, Business Industrial Transition District rezoning to
accommodate the proposed development of an automotive tire and battery service facility or
other commercial land uses is in conformance with the Comprehensive Policy Plan.
SUITABILITY OF THE SITE
Access
The 1.04±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route
11), adjacent to the Interstate 81 Exit 317 interchange.Access to the subject property will be
provided through internal private service drives through adjoining properties that will allow
for traffic to utilize the existing right in/right out commercial entrance along Martinsburg
Pike (U.S. Route 11) and the existing full access commercial entrances along Amoco Lane
(Route 839) that will allow for protected left-turn movements at the signalized intersection
with Martinsburg Pike. Inter-parcel ingress and egress is permitted through easements
identified in section(s) 3.3, 3.4, and 3.5(e), and 3.6 of
File #2022C Impact Statement/JRM 3
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
Flood Plains
The 1.04±-acre subject property does not contain areas of floodplain as demonstrated on
FEMA NFIP Map #51069C0209D, Effective Date September 2, 2009.
Wetlands
The 1.04±-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information or from information identified in the
Frederick County GIS Database.
Soil Types
The 1.04±-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 subject property has the same soil type as adjoining parcels that are
developed or are currently being developed. The site soil type is conducive for commercial
development of the subject property.
Other Environmental Features
The 1.04±-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. Frederick County has reviewed and approved SP #07-17 for the entirety of
the Owners parcels owned which includes the 1.04±-acre subject property. The Owner has
obtained a Land Disturbance Permit from Frederick County and is currently performing
major infrastructure improvements. No development issues specific to the karst geology
have been encountered during current construction activities. 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 and Restaurant
South: B-2, Business General District Use: Unimproved
File #2022C Impact Statement/JRM 4
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
East: M-1, Light Industrial District Use: Unimproved
(across Interstate 81)
West: B-2, Business General District Use: Convenience Store
TRANSPORTATION
The 1.04±-acre subject property was a portion of the 4.98± acres owned by CB Ventures,
LLC that was rezoned by the Frederick County Board of Supervisors on July 27, 2016 to the
B-2, General Business District with proffers (RZ #05-16). Subsequent to this approval,
Greenway Engineering processed Site Plan #07-17 for the 4.98± acres owned by CB
Ventures, LLC which was approved by the County on June 20, 2017. Construction has
commenced for the on-site and off-site improvements identified on the approved site plan.
The approved proffer statement specific to RZ #05-16 Applicant provided for two
transportation enhancements which included the installation of curb and gutter along the
property frontage along Amoco Lane (Route 839); milling and overlay asphalt improvements
to the Amoco Lane centerline; and for inter-parcel connections to adjoining properties. Site
Plan #07-17 provided for all applicable transportation enhancements identified in the proffer
statement specific to RZ #05-16 and the Owner has obtained a Land Disturbance Permit from
Frederick County and is currently performing major infrastructure improvements that
includes the installation of curb and gutter and milling/overlay work on Amoco Lane. The
inter-parcel connection to the adjoining property that will provide access to the 1.04±-acre
subject property is intended to be installed during the development of this parcel. Therefore,
the proffer statement prepared for the proposed rezoning maintains this proffer from the
previous rezoning application and does not include the previous proffer associated with the
Amoco Lane improvements as these improvements are currently under construction.
The proposed rezoning of the 1.04±-acre subject property to the B-3, Industrial Transition
District is to allow for the development of an automotive tire and battery service facility. The
Owner is not proffering this as a specific use for the subject property; therefore, Greenway
Engineering has analyzed uses permitted in the B-3 District that are not otherwise permitted
in the B-2 District to determine what use represents the greatest impact on traffic generation.
Of those potential land uses, the Automotive Repair; Services, and P 75), was
determined to have the highest potential traffic generation impact.
th
The ITE Manual of Trip Generation, 9
identifies a Saturday Peak Hour of Generation of 6.61 per 1,000 sq. feet of gross
floor area, as the greatest traffic generation factor for this land use. It is anticipated that the
proposed automotive tire and battery service facility will be approximately 6,500 square feet,
which would yield approximately 43 peak hour trips. This traffic generation would be less
than permitted land uses in the B-2 District that the subject parcel is currently zoned;
therefore, the proposed rezoning does not create additional traffic impacts than were
determined to be mitigated under the previous rezoning application.
File #2022C Impact Statement/JRM 5
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
SEWAGE CONVEYANCE AND TREATMENT
The 1.04±-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. Frederick Water (FW) 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 subject
property. The subject property was part of RZ #05-16 that was rezoned by the Board of
Supervisors on July 27, 2016. FW issued a letter dated March 23, 2016 in conjunction with
RZ #05-16 advising that there was adequate capacity at the Opequon Wastewater Treatment
Facility to accommodate the 22,000 gpd proposed sanitary flows projected for the buildout of
the 4.98±- acre project and the Red Bud Pump Station could accommodate the added flows
from this project. However, FW advised that sewer conveyance for the 4.98±- acre project
could potentially be challenged due to nearby sewer force main capacities.
Greenway Engineering worked with FW to determine the appropriate approach for the
development of sewer infrastructure to provide sewer service for the 4.98± acre project and
for the properties along Amoco Lane (Route 839). In accordance with the proffer statement
approved July 1, 2016 (RZ #05-16), Greenway Engineering submitted a public improvement
plan, for a new pump station, with a SCADA system, to be located at the terminus of Amoco
Lane that was approved by FW. Through additional coordination with FW, it was determined
that a more mutually beneficial plan was available, and that sewer capacity for the overall
project could be obtained through gravity sewer line to an existing
sewer manhole located near the rail spur serving the Kingspan facility.
Greenway Engineering has designed a gravity sewer system that collects effluent from the
4.98± acre project area (which includes the 1.04± acre subject property proposed for
rezoning) that has been sized to allow for off-site land uses to connect to this system. The
gravity sewer system design includes the sewer collection system within the subject project
and along the Amoco Lane frontage to allow for on-site and off-site connections. The gravity
sewer system will terminate at the existing sewer manhole located near the rail spur serving
the Kingspan facility, which ties into the Red Bud Pump Station to direct effluent to the
Opequon Water Treatment Facility. The CB Ventures Gravity Sewer Plan has been designed
and submitted for review and approval to FW and the County Public Works Department.
Both agencies have approved this design plan and the approved improvements will be
installed prior to development of the subject property. FW has determined that this approach
is appropriate for addressing sewer impacts associated with the 4.98± acre project; therefore,
the sewer requirements associated with proposed rezoning of the 1.04± acre subject property
have been adequately addressed.
WATER SUPPLY
The 1.04±-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. Frederick Water (FW) is the provider of public water service within this area of the
File #2022C Impact Statement/JRM 6
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
County and has Martinsburg Pike (U.S. Route 11)
and Amoco Lane (Route 839) that provides public water to the property. Frederick County
approved SP #07-17 for the CB Ventures 4.98± acre project area on July 24, 2017, which
includes the 1.04± subject property proposed for rezoning. SP #07-17 was reviewed and
approved by FW on April 24, 2017 as part of the site plan approval process and they
determined that adequate water pressure and capacities were available for service to this
property.
Additionally, the water system design for the build-out of commercial land use on the 4.98±
acre project included the connection of a temporary bypass of line to
line water main after it is constructed and
fully tested. The
that will be located throughout the 4.98± acre project, which will terminate at the 1.04± acre
subject property. -16, the maximum anticipated
flow for build out of the 4.98± acre area was projected by FW at 50,000 gpd. Greenway
Engineering has utilized 2015 FW 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 4.98± acre project area. The projected water demand of 22,000 gpd
falls well below the available water supply identified by FW 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 1.04±-acre subject property generally follows a north to east
pattern, which directs drainage from the subject property towards the rear of the property
adjacent to Interstate 81. The applicant has provided stormwater management through a
design, which has been approved by Frederick County as part of SP #05-17. This stormwater
management includes two detention areas, one of which is in the southeast portion of the
subject property. The proposed rezoning of the subject property will not affect the existing,
approved stormwater management design of the site. The stormwater quantity and quality
measures have been designed in conformance with all applicable state and local regulations;
therefore, site drainage and stormwater management impacts to adjoining properties and the
community have been mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities associated with the redevelopment of the 1.04±
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). It is anticipated that the proposed automotive tire and battery service facility will be
approximately 6,500 square feet. Therefore, solid waste disposal impacts are based on the
following figures that provide the increase in average annual solid waste volume based on the
anticipated 6,500 square feet of commercial land use:
File #2022C Impact Statement/JRM 7
Greenway Engineering May 10, 2019 CB Ventures, LLC Commercial Rezoning
AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial
AAV = 5.4 cu yd. x 6.5 (1,000 sq. ft)
AAV = 35.1 cu. yd. at build-out, or 24.57 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 24.57 tons of solid waste annually on average. This represents a 0.017%
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 1.04±-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 1.04±-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.
OTHER POTENTIAL IMPACTS
The commercial development of the 1.04±-acre subject property will provide new economic
development opportunities for Frederick County, which has been recognized by the County
to be positive in the consideration of fiscal impacts to County Capital Facilities. It is
understood that the development of commercial land use has the potential to increase service
demands on fire and rescue services; therefore, the Owner a
monetary contribution of $0.10 per developed building square foot to the County to provide
additional revenues that are specifically directed to County fire and rescue services.
File #2022C Impact Statement/JRM 8