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065-22 (RezoningR&JLandDevelopment) REZONING APPLICATION #02-22 R&J LAND DEVELOPMENT Staff Report for the Board of Supervisors Prepared: May 10, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 05/04/2022 Recommended Approval Board of Supervisors: 05/25/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/25/22 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.444 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444 acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. This rezoning application modifies approved land uses associated with Rezoning Application (REZ) #01-06. The intended use of the proposed B2 zoned parcel is a general merchandise store (Dollar General). This 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 Comprehensive Plan. The Comprehensive Plan envisions this area of the County as business;proposed B2 (General Business) District is consistent with the future land use plan. 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 #02-22 R&J Land Development May 10, 2022 Page 2 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. PROPOSAL: To rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444- acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. This rezoning application modifies approved land uses associated with Rezoning Application (REZ) #01-06. LOCATION: The properties are located northwest corner at intersection of Martinsburg Pike (Route 11) and Jeffs Way. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-123E PROPERTY ZONING : B3 (Industrial Transition) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential/Agricultural West: Interstate 81 Use: Interstate Rezoning #02-22 R&J Land Development May 10, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1)Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning Application #01-06 (approved March 22, 2006) rezoned the subject properties to B3 (Industrial Transition) District. 2)Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The 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; the Plan is a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identifies these properties with a business land use designation; the property is also within the limits of the Sewer and Water Service Area (SWSA). The existing B3 (Industrial Transition) zoning is generally consistent with the goals of the Comprehensive Plan. The proposed B2 (General Business) zoning on 1.444-acres is also consistent with the goals of the Plan. The intent of the B2 District is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. 3) Access & Transportation The site will have commercial access from Jeffs Way, as required by approved REZ #01-06 proffers. The traffic study included with application shows that the proposed general merchandise store (Dollar General) does not negatively impact traffic operations at the Rezoning #02-22 R&J Land Development May 10, 2022 Page 4 intersection of Route 11 and Jeffs Way. 4) Potential Impacts & Proffers The rezoning proposes only a change in the land use of 1.444-acres to the B2 (General Business) District. All the other proffers, including site access, associated with the original REZ #01-06 remain unchanged. Virginia Dept. of Transportation: Please see attached letter from VDOT dated March 16, 2022 addressed from Bradley S. Riggleman, P.E. Frederick Water: Please attached letter from Eric Lawrence, Executive Director, dated February 24, 2022. Frederick County Fire Marshall: Plan approved. Frederick County Public Works: We offer no additional comments at this time. County of Frederick Attorney: Please see attached letter from Roderick B. Williams, County Attorney dated April 1, 2022. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/04/22 MEETING: The Planning Commission held a public hearing on May 4, 2022. The Planning Commission asked for confirmation by the Applicant that the only access to the site would be from Jeffs Way and there would be no new access from Martinsburg Pike (Route 11), which was confirmed. There were no public comments. The Planning Commission unanimously recommended approval of the rezoning application. 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 # 02 - 22: R and J Land Development, LLC 2020 CEDAR HILL RD PINs: 33 - A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 3721 Location Map MARTINSBURG PIKE 2060 CEDAR HILL RD 3683 MARTINSBURG PIKE 3703 MARTINSBURG 281 PIKE JEREMIAH LN §¦¨ 81 REZ #02-22 333 JEREMIAH LN 33 A 123E REZ #02-22 33 A 123 §¦¨ 81 3656 REZ #02-22 MARTINSBURG REZ #02-22 PIKE 33 A 123D 33 A 123C REZ #02-22 33 A 122A 3599 MARTINSBURG PIKE §¦¨ 81 3588 MARTINSBURG PIKE §¦¨ £ ¤ 81 11 Clear Brook 3468 §¦¨ £ ¤ MARTINSBURG 81 11 PIKE 3538 µ Application Parcels Sewer and Water Service Area Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0150300600Feet Map Created: April 12, 2022 REZ # 02 - 22: R and J Land Development, LLC 2020 CEDAR HILL RD PINs: 33 - A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 3721 Zoning Map MARTINSBURG PIKE 2060 CEDAR HILL RD 3683 MARTINSBURG PIKE 3703 MARTINSBURG 281 PIKE JEREMIAH LN §¦¨ 81 REZ #02-22 333 JEREMIAH LN 33 A 123E REZ #02-22 33 A 123 §¦¨ 81 3656 REZ #02-22 MARTINSBURG REZ #02-22 PIKE 33 A 123D 33 A 123C REZ #02-22 33 A 122A 3599 MARTINSBURG PIKE §¦¨ 81 3588 MARTINSBURG PIKE §¦¨ £ ¤ 81 11 Clear Brook 3468 §¦¨ £ ¤ MARTINSBURG 81 11 PIKE Application Parcels 3538 Sewer and Water Service Area µ B2 (General Business District) B3 (Industrial Transition District) M1 (Light Industrial District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0150300600Feet Map Created: April 12, 2022 REZ # 02 - 22: R and J Land Development, LLC 2020 CEDAR HILL RD PINs: 33 - A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 3721 Long Range Land Use Map MARTINSBURG PIKE 2060 CEDAR HILL RD 3683 MARTINSBURG PIKE 3703 MARTINSBURG 281 PIKE JEREMIAH LN §¦¨ 81 REZ #02-22 333 JEREMIAH LN 33 A 123E REZ #02-22 33 A 123 §¦¨ 81 3656 REZ #02-22 MARTINSBURG REZ #02-22 PIKE 33 A 123D 33 A 123C REZ #02-22 33 A 122A 3599 MARTINSBURG PIKE §¦¨ 81 3588 MARTINSBURG PIKE §¦¨ £ ¤ 81 11 Clear Brook 3468 §¦¨ £ ¤ MARTINSBURG 81 11 Application PIKE Parcels Sewer and Water Service Area 3538 Long Range Land Use µ Business Industrial Rural Community Center Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0150300600Feet Map Created: April 12, 2022 )¬¯ ¢³ ! «¸²¨² 3³ ³¤¬¤³ 2ǉ* , £ $¤µ¤«®¯¬¤³ Rezoning $®«« ± '¤¤± « 3³®±¤ Stonewall Magisterial District Frederick County, VA Parcel ID 33-A-123A February 5, 2022 Rev March 28, 2022 Owner: Prepared for: R&J Land Development, LLC 1631 Redbud Road Winchester, VA 22603 Prepared by: Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 )-0!#4 !.!,93)3 34!4%-%.4 2ǉ* , £ $¤µ¤«®¯¬¤³ ȟ $®«« ± '¤¤± « Introduction This project involves constructing 12,480 square foot variety store on 1.444 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of I-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. The parent parcel of which the proposed B2 area is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. To create the proposed B-2 zoned area, the proffers for rezoning RZ# 01-06 are revised to maintain originally proffered conditions and account for proffers floor areas. Rezoning RZ# 01-06 Proposed B2 Figure 1 Project location map The rezoning site is currently vacant and undeveloped. The site is bounded by Route 11 to the east, undeveloped land, and I-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is the Pine Knoll Construction office. 1 Site Suitability 100 Year Flood Plains – The site is outside of the 100-year flood plain as can be seen in the FEMA flood hazard mapping shown in Figure 2. Project Location Figure 2 Floodplain Map Wetlands – A desktop review of the US Fish and Wildlife Service's National Wetland Inventory mapping shows there are no known wetlands on the site. See Figure 3 2 Project Location Figure 3 National Wetland Inventory Map Steep Slopes – Based on field observations and 5 ft contour mapping provided by the Frederick County GIS, the site has been found to be generally flat, without any steep slopes. Mature Woodlands – There are no areas of mature woodlands on the site. Prime Agricultural Soils – Based on data from the USDA Web Soil Survey, all areas of the site with soils type Oaklet Silt Loam, 32B, are prime farmland. See Figure 4. 3 Figure 4 USDA Soils Map Soil or Bedrock Conditions which would create Construction Difficulties or Hazards – A review of the USDA Web Soil Survey indicates that the depth restrictive features are over 80 inches. Site excavations are not expected to go that deep. Surrounding Properties The proposed rezoning area is a portion of a larger parcel that is zoned B3. Residual B3 land will surround the rezoned parcel on the west and south. Also, to the west is I-81. To the south, east and north are rural lot residential properties that are zoned RA. Traffic Stowe Engineering has prepared a Traffic Impact Study for the project. The study shows that the proposed Dollar General store does not negatively impact traffic operations at the intersection of Route 11 and Jeff’s Way. The intersection movements continue to operate at a Level of Service of “A” or ”B” in the AM and PM peak hours through the Design Year 2029. 4 Sewage Conveyance and Treatment Wastewaterfrom the site will be collected and pumped through the existing Frederick Water force mains on the site and gravity mains elsewhere. The wastewater will be treated at the Opequon wastewater treatment plant, which has a capacity of 12.6 million gallons a day. Water Supply Frederick Water will provide water service to the project. An existing 8" water main is in place at the front of the site. Frederick Water is constructing a new water plant a short distance away that will be rated at 8 million gallons a day. Drainage Drainage from the site flows to the northeast to Turkey Run. Post-development drainage from the site will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Disposal Facilities Collection of solid waste will occur through on-site dumpsters and private haulers. The Civil th Engineering Reference Manual, 4edition, uses a solid waste generation rate of 5.4 cubic yards per 1,000 square feet of floor area. Applying this rate, 12,480 sf store will generate 67 cubic yards of solid waste per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Site and Structures A review of the online Virginia Dept. of Historic Resources records did not show any historic architectural or archeological sites in the proposed development area. One site was observed on the adjacent property to the south of the site and another on the adjacent property to the north of the site. Site 034-0930. A review of the VA Department of Historic Resources records showed the existing structure on the property to the north as being historic. The home was identified as the Edward Joliffe house. The home was built in the 1850 Antebellum Period as a single-family dwelling. Figure 7 shows the location of the home. Site 034-0931. The VA Department of Historic Resources records also showed the existing structure on the property to the south as being historic. The home was identified as the Dr. 5 Cochran house. The home was built in the 1905 as a single-family dwelling. Figure 7 shows the location of the home. A vegetative screening will be used to protect the viewshed of the site from the visual impacts of the proposed development. Figure 5 VA Department of Historic Resources Map Impact on Community Facilities Educational Facilities – This project will not add children to the school system. Emergency Services – Police protection will be provided by the Frederick County Sheriff Department. The property is in the first response area for the Clear Brook Fire and Rescue station. Therefore, response times from the station to the site are reasonable. Parks and Recreation – This project will not add to the population of Frederick County and, therefore, will not increase the demand for Parks and Recreational services. Solid Waste – As previously stated, the site will generate 67 cubic yards of waste per year. Waste will be collected in private bins and transported by private haulers to the Frederick County land fill. 6 EDINBURG RESIDENCY LAND USE MEMORANDUM DATE: March 16, 2022 TO: Tim Stowe, P.E., Stowe Engineering FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Rezoning Comments – R&J Land Development _________________________________________________________________________________ Mr. Stowe, This office received an application on February 15, 2022 for a proposed 1.444-acre rezoning for a portion of TM 33 A 123 from B3 to B2 w/conditions for R&J Land Development. This property is located at the corner of US Rt. 11 and Jeff’s Way, in northern Frederick County. A rezoning application (signed 2/7/2022), impact analysis statement (dated 2/5/22), Traffic Impact Analysis (dated 2/9/22), and proffer letter (dated 2/9/22) are the subject of this review. Comments are as follows: Impact and Traffic Analysis The Impact and Traffic Analysis appear to be complete and acceptable from a transportation perspective. Rezoning Application The proposed change from B3 to B2 w/conditions should not have a significant impact the roadway network. The proffer statement prohibits the use of quick-service restaurant with drive-thru lanes and gas/fueling station, with or without a convenience store, which are high traffic generators. Given these restrictive proffers, there would be minimum change to the traffic generation potential compared to the existing zoning. General Comments: Access to this site will need to be designed in accordance to the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards & Specifications, the Virginia Work Area Protection Manual, and all other applicable manuals, regulations, and standards. Site access will be evaluated during site plan review. VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Residency Cc: John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner File From:John Bishop To:Tim Stowe Subject:R&J Land Development Rezoning Date:Thursday, March 24, 2022 12:41:52 PM Tim, Thank you for the opportunity to comment on the R&J land development rezoning package. At this time I do not have anything to add to VDOT’s comment, which was submitted on March 16, 2022. Should conditions change through the rezoning process or new information come too light, I reserve the right to update this comment. thank you John John Bishop Assistant Director-Transportation Frederick County Planning and Development 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com February 24, 2022 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Rezoning Application Comment R&J Development, LLC - Dollar General Store Tax Map Numbers: 33-A-123 1.444 acres Dear Mr. Stowe: Thank you for the opportunity to offer review comments on the R&J Land Development (Dollar General Store) commercial rezoning application package, dated February 7, 2022, and received at Frederick Water on February 18, 2022. 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 parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water’s water and sewer services are available. The application’s Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use, but the zoning districts (existing B3 and proposed B3) suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 6- and 12-inch water mains located on properties south of the site. The applicant will need to obtain easements. Adequate drinking water supply presently exists. Water At Your Service Page 2 R&J Development LLC commercial rezoning application Tim Stowe February 24, 2022 A Frederick Water sanitary sewer forcemain exists on the property to the south, which serves the existing building on Jeffs Way. The applicant will need to obtaineasements. This forcemain contributes to a forcemain that ultimately flows to the Opequon Water Reclamation Facility (OWRF). Treatment capacity does presently exist at theOWRF. Water and sanitary sewers 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 a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site’s sanitary sewer generations are known. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director