PC 06-15-16 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 15, 2016
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING ITEMS
4) Conditional Use Permit #03-16 for Verizon Wireless Commercial
Telecommunication Facility - submitted to construct a wireless telecommunications
consisting of a 150 foot monopole with capacity for a least 3 carriers (Applicant included) and 50
x 50 foot equipment compound base. The property is located at Grace Brethren Church at 143
Greenwood Road and is identified with Property Identification Number 55-A-79 in the Redbud
Magisterial District.
Mr. Cheran ..................................................................................................................... (A)
5) Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone
11.340 acres from the M1 (Light Industrial) District to the B2 (General Business)
District, and 2.629 acres from the M1 (Light Industrial) District to the B3 (Industrial
Transition) District with proffers. The properties are located on the southeastern side of
Martinsburg Pike (Route 11) and southern side of Snowden Bridge Boulevard in the
Stonewall Magisterial District, and are identified by Property Identification Numbers
43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A and 43-A-151B.
Mrs. Perkins ..................................................................................................................... (B)
6) 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. 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 in the Stonewall Magisterial District, and is identified by
Property Identification Number 43-A-48A.
Mrs. Perkins ..................................................................................................................... (C)
ACTION ITEM
7) Rezoning #06-16 Sempeles Property submitted by Pennoni, to revise proffers associated
with Rezoning #02-04. This revision relates to the “on site development” sections of the
proffers for the M1 (Light Industrial) District zoned portion of the site. The Applicant is
requesting to revise the proffers to allow the use of tilt-up concrete walls and to remove
proffers that have been completed. The property is located adjacent to Martinsburg Pike
(Route 11), approximately 250 feet north of the intersection of Woodbine Road (Route
669) and Martinsburg Pike in the Stonewall Magisterial District, and is identified by
Property Identification Number 34-A-4.
Mrs. Perkins ..................................................................................................................... (D)
Other
Adjourn
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Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
CONDITIONAL USE PERMIT #03-16
Cellco Partnership d/b/a Verizon Wireless
Staff Report for the Planning Commission
Prepared: June 1, 2016
Staff Contact: Mark Cheran, Zoning Administrator
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 request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/15/16 Pending
Board of Supervisors: 07/27/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the
construction of a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot
equipment compound and setback waiver. Should the Planning Commission find the use to be
appropriate, Staff would suggest the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
In addition, should the Planning Commission find the waiver to the required setback is
acceptable; a motion to recommend approval of setback reduction of 65’ to allow the tower to be
100’ from the identified property would be appropriate.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
June 1, 2016
LOCATION: This property is located at 143 Greenwood Road
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBER: 55-A-79
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Church
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Motorcycle Dealer
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of
a 150-foot, Monopole Telecommunications Facility with a 50 x 50 foot equipment compound.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a site plan for this property
appears to have little measurable impact on Route 656, the VDOT facility which would provide
access to the property. Present entrance is adequate for the proposed improvements. Should
business ever expand in the future, entrance may need to be upgraded.
Frederick County Inspections: Structure shall comply with The Virginia Uniform Statewide
Building Code and Section 312, use group U (Utility and Miscellaneous) of The International
Building Code 2012.
Per the Section 102.3 of the Virginia Uniform Statewide Building Code, 2012 edition.
Section 102.3 VUSBC exempts equipment, related wiring, and poles and tower supporting the
related wiring installed by a provider of publicly regulated utility service. The exemption shall
apply only if under applicable federal and state law the ownership and control of the equipment
and wiring is by the service provider or its affiliates. Such exempt equipment and wiring shall be
located on either public right-of-way or private property for which the service provider has rights
of occupancy and entry; however, the structures, including their service equipment, housing or
Page 3
CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
June 1, 2016
supporting such exempt equipment and wiring shall be subject to the USBC. The installation of
equipment and wiring exempted by this section shall not create an unsafe condition prohibited by
the USBC.
Prefabricated shelters/canopy exceeding 150 sq. ft. requires a building permit. Plans submitted
shall be sealed by a Virginia Registered Design Professional.
Please note the requirements in Chapter 17 of the IBC for special inspections for this type of
structure (soil, concrete, bolts, etc.).
Soil investigations/testing is required due to the potential sink holes located on site prior to
placement of concrete slap.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection to this project since no existing well or onsite sewage disposal system sites will
be affected by the construction.
Frederick County Sanitation Authority: The request would not require service from FCSA.
FCSA offers no additional comments.
Frederick County Fire Marshall: Plans approved.
City of Winchester: No comments.
Winchester Regional Airport: Please see attached letter from Serena Manuel, Executive
Director dated March 2, 2016.
Frederick County HRAB Comments: Please see attached letter from Candice Perkins,
Assistant Director dated May 24, 2016.
Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering any land use action. This proposed
150-foot monopole-type commercial telecommunication facility is located on a 22.6 +/- acre
property that is zoned RA (Rural Areas). The property is located within the UDA and SWSA as
identified within the Comprehensive Plan, and is located within the Senseny Road/ Eastern
Frederick Area Plan. These plans identify this area remain residential in character. This proposed
site is located within the vicinity of the Third Battle Field of Winchester area.
The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The
properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently
zoned RP (Residential Performance) Zoning District. The zoning ordinance requires that all
Page 4
CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
June 1, 2016
proposed telecommunication facilities be subject to additional performance standards in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties, residential properties, land use patterns, scenic areas and properties of significant
historic value. The Frederick County Historic Resources Advisory Board (HRAB) has reviewed
this proposed use in relationship to its location within the Third Battle Field of Winchester area.
(See HRAB comments.)
Furthermore, the Frederick County Zoning Ordinance requires an Applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The Applicant has provided an inventory of existing
telecommunication facilities, and no other telecommunication facility or possible collocation
opportunity structures exist in this area. Should this facility be approved this commercial
telecommunication facility will be positioned to provide the existing and future land uses in this
area of the County with telecommunication needs.
Waiver:
This proposed telecommunication tower is required to be setback from the property line 165 ft.
(tower is 150 ft. in height the RA Zoning District height maximum is 35’, 150’-35’ = 115’) The
normal setback (50’) per RA Zoning District plus one foot for every foot over the maximum
height of the district (35’) this telecommunication 115’ higher than is allowed in the district
(50’+115’= 165’). The site plan notes this tower at 100’ from the property line and the setbacks
cannot be met.
The Applicant is requesting a waiver to reduce the required setback as set forth in Section 165 -
204.19 of the zoning ordinance. The Applicant has provided documentation from a certified
Virginia engineer with verification that the tower is designed and will be constructed in a manner
that, should the tower collapse for any reason, the collapsed tower will be contained in an area
around the tower, with a radius equal to or lesser than the setback, measured from the center line
of the base of the tower. Should this waiver be granted, the result will be a 65 foot setback
reduction. (165’-100’=65’).
STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
Page 5
CUP #03-16, Cellco Partnership d/b/a Verizon Wireless
June 1, 2016
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit
In addition, should the Planning Commission find the waiver to the required setback is
acceptable; a motion to recommend approval of setback reduction of 65’ to allow the tower to be
100’ from the identified property would be appropriate.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
017
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017 017
CUP # 03 - 16Grace Brethren ChurchPIN:55 - A - 79Cell Partnership for Verizon Wireless Tower
0 320 640160 Feet
CUP #03-16
CUP # 03 - 16Grace Brethren ChurchPIN:55 - A - 79Cell Partnership for Verizon Wireless Tower
B
REZONING APPLICATION #04-16
SNOWDEN BRIDGE STATION
Staff Report for the Planning Commission
Prepared: May 31, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 06/15/16 Pending
Board of Supervisors: 07/27/16 Pending
PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to
rezone 11.340 acres from the M1 (Light Industrial) District to the B2 (General Business) District, and
2.629 acres from the M1 (Light Industrial) District to the B3 (Industrial Transition) District with
proffers.
LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 11) and
southern side of Snowden Bridge Boulevard.
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 13.9 acres of land from the M1 (Light Industrial) District to
the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. 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 Comprehensive Plan identifies these properties with an industrial land use designation which is
consistent with the current zoning of the properties. In general, the proposed commercial zoning is
inconsistent with the current land use supported by the Comprehensive Plan. However, considering the
visibility of this site, its location on Martinsburg Pike and the I-81 interchange and the amount of
commercial land in close proximity to this site, the requested commercial may be acceptable.
With this rezoning, the Applicant has proffered to limit the number of restricted entrances on
Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the maximum vehicle trips
for the site to 6,303. The entrance locations shown on the proffered GDP are conceptual in nature – the
proffer states that the final design and location of these entrances will need to be approved by VDOT
and the County. The Applicant has also proffered a 10’ right-of-way dedication for Martinsburg Pike as
well as corridor enhancements such as a split rail fence, and increased parking setbacks. The Applicant
has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue.
Following the required public hearing, 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 Planning Commission.
Rezoning #04-16 Snowden Bridge Station
May 31, 2016
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.
Reviewed Action
Planning Commission: 06/15/16 Pending
Board of Supervisors: 07/27/16 Pending
PROPOSAL: Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to
rezone 11.340 acres from the M1 (Light Industrial) District to the B2 (General Business) District, and
2.629 acres from the M1 (Light Industrial) District to the B3 (Industrial Transition) District with
proffers.
LOCATION: The properties are located on the southeastern side of Martinsburg Pike (Route 11) and
southern side of Snowden Bridge Boulevard.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A, and 43-A-
151B
PROPERTY ZONING: M1 (Light Industrial)
PRESENT USE: Industrial, Residential and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) District Use: Commercial
South: M1 (Light Industrial) District Use: Industrial/Vacant
East: M1 (Light Industrial) District Use: Vacant/Snowden Bridge Boulevard
West: M1 (Light Industrial) District Use: Industrial/Vacant
Rezoning #04-16 Snowden Bridge Station
May 31, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see the attached email from Matthew Smith dated May 6,
2016. Please see Applicant’s response dated May 15, 2016.
Frederick-Winchester Service Authority: No comments
Frederick County Sanitation Authority: Please see the attached letter from Eric Lawrence dated
April 9, 2016.
Public Works Department: Public Works has no comments on the proposed rezoning.
Frederick County Fire Marshall: Plans approved
Winchester Regional Airport: Rezoning is compatible with airport operations and should not impact
continued operations of airport.
Frederick County Attorney: Please see the attached letter from Roderick B. Williams dated April 26,
2016. See Applicant’s response dated May 15, 2016.
Frederick County Planning Department: Please see attached letters from Candice Perkins dated
April 5, 2016 and John Bishop dated May 10, 2016. Please see Applicant’s response dated May 15,
2016.
Planning & Zoning:
1) Site History:
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies
the majority of the subject property as being zoned A-2 (Agriculture General). The County’s
agricultural zoning districts were 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 zoning map resulted in the re-mapping of this portion of the subject property and
all other A-1 and A-2 rezoned land to the RA District. The remainder of the property was
identified as being zoned R-3. The R-3 (Residential General) District zoning classification was
modified to RP (Residential Performance) District on February 14, 1990, during the
comprehensive amendment to the County’s Zoning Ordinance. The subject properties were
rezoned to the M1 (Light Industrial) Zoning District with rezoning #03-05 for North Stephenson
which was approved by the Board of Supervisors on April 27, 2005.
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
Rezoning #04-16 Snowden Bridge Station
May 31, 2016
Page 4
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 identifies these properties with an industrial land use
designation. In general, the proposed commercial zoning is inconsistent with the current land
use supported by the Comprehensive Plan. However, considering the visibility of this site, its
location on Martinsburg Pike and the I-81 interchange and the amount of commercial land in
close proximity to this site, the requested commercial may be acceptable.
Transportation and Site Access
According to the Applicant’s Impact Analysis Statement, the site could generate up to 6,303
daily trips if developed with restaurants and the existing warehouse based on the existing M1
zoning of the site. The Applicant further stated that the site would generate a lower volume of
5,572 trips per day if developed with a mix of warehouse/hotel/restaurant/gasoline station.
Therefore the Applicant has proffered that the site would not exceed 6,303 vehicle trips per day.
As depicted on the Applicant’s GDP, the site would be accessed via one right-in /right-out and
one right-in only on Martinsburg Pike, as well as one right-in only off of Snowden Bridge
Boulevard. The entrance locations shown on the proffered GDP are conceptual in nature – the
proffer states that the final design and location of these entrances will need to be approved by
VDOT and the County. The site would also have access to Ezra Lane, which is proposed to be
constructed as a private road (Rezoning #03-05 called for Ezra Lane to become a public street).
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
The property owner previously constructed a sanitary force main, gravity lines with
manholes and a pump station which has been dedicated to the FCSA. The Applicant’s
Impact Analysis Statement projects that the site would require 14,000 gallons per day of
water. The Sanitation Authority has indicated that there are currently adequate water and
sewer services available for the site.
B. Use
According to the Applicant’s Impact Analysis Statement, the preferred option for
Rezoning #04-16 Snowden Bridge Station
May 31, 2016
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development consists of a gas station, restaurants, hotel, pharmacy and small market. It
should be noted that these uses are not proffered. The Applicant has only proffered a
maximum number of vehicles per day for the site.
5) Proffer Statement, Dated March 22, 2016, revised May 17, 2016:
1. Transportation- vehicle trips per day shall not exceed 6,303, to be determined at
site plan stage.
a. The owners have proffered to construct one right-in only entrance on Snowden
Bridge Boulevard as shown on the GDP. Final design and location to be
approved by VDOT and the County.
b. The owners have proffered to construct one right-in/right-out entrance and one
right-out entrance onto Martinsburg Pike as shown on the GDP. Final design
and location to be approved by VDOT and the County.
c. The owners have proffered a private road (Ezra Lane) within the property as
shown on the GDP. This road shall serve as the internal road system for
development. Neighboring parcels (43C-5-15, 16, 17, 43C-6-A) and the Electric
Substation will also be granted access over Ezra Lane should Redbud Road be
closed. This proffer takes the place of proffer 1g that was proffered with
Rezoning #03-05.
d. The parcel to the south (43C-3-5) shall be granted an inter-parcel connection–
the location shall be determined at site plan approval.
e. The owner proffers a dedication of 10’ along Route 11 for right-of-way
improvement.
2. Corridor Enhancements along Route 11 – Martinsburg Pike:
a. Construction of a split rail fence with a 36” hedge within the front building
setback.
b. The parking setback along Route 11 shall be consistent with the front building
setback per the Zoning Ordinance.
c. Only one freestanding monument style sign shall be allowed along the
Martinsburg Pike frontage.
3. Fire and Rescue – Monetary Contributions:
a. The owners have proffered a cash contribution to Fire and Rescue of $0.10 per
building square foot.
STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 13.9 acres of land from the M1 (Light Industrial) District to
the B2 (General Business) and B3 (Industrial Transition) Districts with proffers. 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 Comprehensive Plan identifies these properties with an industrial land use designation which is
consistent with the current zoning of the properties. In general, the proposed commercial zoning is
Rezoning #04-16 Snowden Bridge Station
May 31, 2016
Page 6
inconsistent with the current land use supported by the Comprehensive Plan. However, considering the
visibility of this site, its location on Martinsburg Pike and the I-81 interchange and the amount of
commercial land in close proximity to this site, the requested commercial may be acceptable.
With this rezoning, the Applicant has proffered to limit the number of restricted entrances on
Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the maximum vehicle trips
for the site to 6,303. The entrance locations shown on the proffered GDP are conceptual in nature – the
proffer states that the final design and location of these entrances will need to be approved by VDOT
and the County. The Applicant has also proffered a 10’ right-of-way dedication for Martinsburg Pike as
well as corridor enhancements such as a split rail fence, increased parking setbacks. The Applicant has
also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue.
Following the required public hearing, 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 Planning Commission.
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 19, 2016Staff: cperkins
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REZ # 04 - 16Snowden Bridge StationPINs:43 - A - 150, 43 - A - 151A, 43 - A - 151B,43C - 3 - 2, 43C - 3 - 3, 43C - 3 - 4,43C - 3 - 4A Rezoning from M1 to B2 and B3
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REZ # 04 - 16Snowden Bridge StationPINs:43 - A - 150, 43 - A - 151A, 43 - A - 151B,43C - 3 - 2, 43C - 3 - 3, 43C - 3 - 4, 43C - 3 - 4ARezoning from M1 to B2 and B3
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REZONING APPLICATION #05-16
CB VENTURES
Staff Report for the Planning Commission
Prepared: June 1, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 06/15/16 Pending
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 & STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING
COMMISSION 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.
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. The Planning
Commission should pay particular attention to the Amoco Lane upgrades, the Sanitation Authority
comments and the buffering proposed with this development. Confirmation of the issues identified in
the staff report, and any issues raised by the Planning Commission, should be addressed prior to a
recommendation by the Planning Commission.
Following the required public hearing, 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 Planning Commission.
Rezoning #05-16 CB Ventures
June 1, 2016
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 issu es
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 06/15/16 Pending
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 I81
West: B2 (General Business) Use: Commercial
Rezoning #05-16 CB Ventures
June 1, 2016
Page 3
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 indicate 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
recommend the entrance location shown on the GDP be removed or shown as “potential entrance – final
design and location to be determined at the time of site plan submission and requires VDOT approval”.
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
June 1, 2016
Page 4
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 Applicant’s Impact Analysis Statement, the preferred option for commercial
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 it’s by-
Rezoning #05-16 CB Ventures
June 1, 2016
Page 5
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 note that there is potential for the site’s
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
The Applicant’s Impact 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.
The Applicant’s Impact Analysis 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.
Staff Comment: The FCSA requested that this proffer be expanded to include a SCADA
(Supervisory Control and Data Acquisition) system that is coordinate with other pump
stations on this force main.
Rezoning #05-16 CB Ventures
June 1, 2016
Page 6
B. Use
According to the Applicant’s Impact Analysis Statement, the preferred option for
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
(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:
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
Rezoning #05-16 CB Ventures
June 1, 2016
Page 7
inter-parcel connection stub within the 3’ easement on the adjoining property.
Improvement shall be completed prior to the issuance of a certificate of
occupancy.
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.
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.
STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION 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.
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. The Planning
Commission should pay particular attention to the Amoco Lane upgrades, the Sanitation Authority
comments and the buffering proposed with this development. Confirmation of the issues identified in
the staff report, and any issues raised by the Planning Commission, should be addressed prior to a
recommendation by the Planning Commission.
Following the required public hearing, 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 Planning Commission.
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B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 23, 2016Staff: cperkins
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Extractive Mining
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Recreation
School
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Residential, 4 u/a
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High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 23, 2016Staff: cperkins
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PROFFER 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
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
WATER’S WORTH IT
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
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
File #2022C Impact Statement/EAW
2
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
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
3
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 use 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 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
with the Comprehensive Policy Plan. The Applicant’s preferred commercial development
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.
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
4
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
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
5
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, Unimproved and
Convenience Store
TRANSPORTATION
The Applicant’s preferred option for commercial development includes a hotel and two
restaurants. The County’s Zoning Ordinance allows restaurants 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
impacts associated with the Applicant’s preferred commercial development option to obtain a
determination regarding the need for a traffic impact analysis (TIA) for the rezoning
application process.
Greenway Engineering utilized traffic projection data from the ITE Manual - 9th 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 entrance and
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 Applicant’s Proffer Statement provides for the design and
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
Lane. The Applicant’s Proffer Statement provides for the design and construction of
identical improvements along the Amoco Lane frontage of the subject property through the
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
6
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’s Proffer Statement commits to
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 for the Applicant’s preferred development option of hotel and restaurant land use,
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.
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
7
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 resid ential
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 an existing 10” water line located along
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
for the Applicant’s preferred development option of hotel 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
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
8
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
yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4th
edition). The Applicant’s preferred option for commercial development includes a hotel and
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. x 70 (1,000 sq. ft.)
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 t he 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.
Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning
Revised May 9, 2016
File #2022C Impact Statement/EAW
9
OTHER POTENTIAL IMPACTS
The commercial development of the 4.98±-acre subject property will provide new economic
development opportunities for Frederick County, which has been determined by the County’s
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, the Applicant’s
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
rescue services. Additionally, the Applicant’s Proffer Statement offers to provide off-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.
43 A 48A
C o n s o l i d a t e d R R
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community
Map D ata Source: Frederick County, Va. GIS Department, 2015 Data; Aerial Photos from ESRI (http://services.arcgisonline.com/ArcGIS/rest/services [World Imagery])
A E R I A L O V E R V I E W
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CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
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Map D ata Source: Frederick County, Va. GIS Department, 2015 Data
L O C A T I O N A N D Z O N I N G
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C B V E N T U
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F R E D E R I C K C O U N T Y , V I R G I N I A
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Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
Frederick County Zoning
B2 (Business, Gen eral D istrist)
B3 (Business, Industrial Tran sition District)
M1 (Industrial, Light D istrict)
RA (R ural A rea District)
RP (Resid ential, Performance District)
200 0 200
Feet
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C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
L O C A T I O N A N D Z O N I N G
C O M M E R C I A L R E Z O N I N G
SITE
Winchester
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43 A 48A
I n s i d e S W S A
I n s i d e U D A
Inside SWSA
Outside SWSA
O u t s i d e S W S A
O u t s i d e U D A
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SNOWDEN BRIDGE BLVD
NULTON LN
E Z R A L N
P R E C I S I O N D R
C
R
O
W
N
L
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Map D ata Source: Frederick County, Va. GIS Department, 2015 Data; 2016 Water & Sewer Data Courtesy of FCSA
S W S A M A P
S T O N E W A L L M A G I S T E R I A L D I S T R I C T
C B V E N T U
R E S , L L C P R O P E R T Y
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 1 -0 7
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S C A L E :
1 I n c h = 5 0 0 F e e t
Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
Se wer Water Service Area (SWSA)
Se wer L ine
Wa ter Lin e
500 0 500
Feet
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C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
S W S A M A P
C O M M E R C I A L R E Z O N I N G
43 A 48A
695
7 1 0
7 0 5
6 9 0695
690
710
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7 1 0
705
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C o n s o l i d a t e d R R
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MERCEDES CT
PACTIV WAY
P R E C I S I O N D R
C
R
O
W
N
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Map D ata Source: Frederick County, Va. GIS Department, 2015 Data
E N V I R O N M E N T A L F E A T U R E S
S T O N E W A L L M A G I S T E R I A L D I S T R I C T
C B V E N T U
R E S , L L C P R O P E R T Y
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 1 -0 7
P R O J E C T I D : 2 0 2 2 C
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 2 0 0 F e e t
Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
Lake or Pon d
Wetlan d
100 Year Floodp lain
Stream
5 Foot Intermediate Contours
25 Foot Index Contours
200 0 200
Feet
µ
C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
E N V I R O N M E N T A L F E A T U R E S
C O M M E R C I A L R E Z O N I N G
43 A 48A
6C
32B
6C
M A R T I N S B U R G P I K E
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R E D B U D R D
W
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L
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Map D ata Source: Frederick County, Va. GIS Department, 2015 Data
S O I L S M A P
S T O N E W A L L M A G I S T E R I A L D I S T R I C T
C B V E N T U
R E S , L L C P R O P E R T Y
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 1 -0 7
P R O J E C T I D : 2 0 2 2 C
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 1 0 0 F e e t
Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
NRCS Soils
6C:C ARB O-OAKLE T SILT LOA MS, V ERY ROC KY, 2 TO 15 PERC ENT SL OPES
32B:O AKLE T SILT LOAM , 2 TO 7 PE RCEN T SLOP ES
100 0 100
Feet
µ
C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
S O I L S M A P
C O M M E R C I A L R E Z O N I N G
m
m
m
m
mmmm
mmm
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43 A 48A
Third Winchester Third Winchester
34-955
34-727
C o n s o l i d a t e d R R
B a l t i m o r e & O h i o R R
C o n s o l i d a t e d R R
C o n s o l i d a t e d R R
C o n s o l i d a t e d R R
Baltimore & Ohio RR
B a l t i m o r e & O h i o R R
C o n s o l i d a t e d R R
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M A R T I N S B U R G P I K E
§¨¦81
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R E D B U D R D
L E N O I R D R
MCGHEE RD
W E L L T O W N R D
M A R K E T S T
AMOCO LN
PARK CENTER DR
CIVES LN
MERCHANT ST
PACTIV WAY
SNOWDEN BRIDGE BLVD
NULTON LN
E Z R A L N
P R E C I S I O N D R
C
R
O
W
N
L
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Map D ata Source: Frederick County, Va. GIS Department, 2015 Data
H I S T O R I C F E A T U
R E S
S T O N E W A L L M A G I S T E R I A L D I S T R I C T
C B V E N T U
R E S , L L C P R O P E R T Y
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 1 -0 7
P R O J E C T I D : 2 0 2 2 C
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 5 0 0 F e e t
Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Pa rce l Bou ndary
à Civil War En ca mp me nt
m Civil War Fort
Cemete ry
Rura l Landmark
[e 34-727 Rutherford's Farm
[e 34-955 Valley School
Civil War Battl efi elds
Third Winchester Core A rea
500 0 500
Feet
µ
C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
H I S T O R I C F E A T U R E S
C O M M E R C I A L R E Z O N I N G
43 A 48
43 A 48A
43 A 47
43 A 49
43 A 50 43 A 50A
43 A 46
4 3 C 4 7
4 3 C 4 3
4 3 C 4 8
4 3 C 4 1
4 3 C 4 543C 4 4
4 3 C 4 2
4 3 C 4 6
43C 4 10
M A R T I N S B U R G P I K E
M A R T I N S B U R G P I K E
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R E D B U D R D
AMOCO LN
W E L L T O W N R D
PACTIV WAY
P R E C I S I O N D R
Map D ata Source: Frederick County, Va. GIS Department, 2015 Data
A D
J O I N
I N G P R O P E R T I E S M A P
S T O N E W A L L M A G I S T E R I A L D I S T R I C T
C B V E N T U
R E S , L L C P R O P E R T Y
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 1 -0 7
P R O J E C T I D : 2 0 2 2 C
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 1 5 0 F e e t
Le gend
CB Ventures, LLC Prope rty, TM 43 -A-48 A
Po rtio n o f 43-A-48A To Be Rezon ed
Ad join ing & Sub ject Prope rtie s
Pa rce l Bou ndary
150 0 150
Feet
µ
C B V E N T U R E S , L L C P R O P E R T Y
C O M M E R C I A L R E Z O N I N G
A D J O I N I N G P R O P E R T I E S M A P
C O M M E R C I A L R E Z O N I N G
CB VENTURES, LLC PROPERTY Adjoining Properties Listing
Tax Map Number Owner Mailing Address City & State ZIP Acres
0 0
43 A 46 PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER, VA 22601 0.71
43 A 47 PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER, VA 22601 1.83
43 A 48 KREMER PROPERTIES INC, C/O SHEETZ #309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA, PA 16602 2.34
43 A 48A CB VENTURES LLC 415 CECIL ST WINCHESTER, VA 22601 4.98
43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46
43 A 50 AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 22603 1.4
43 A 50A RDM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 22603 3.38
43C 4 1 DUNIVAN DAVID E 140 AMOCO LN WINCHESTER, VA 22603 0.5
43C 4 2 SALES JERRY A, SALES THERESA L 117 WESTWOOD CIR WINCHESTER, VA 22602 0.57
43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER, VA 22604 0.57
43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0
43C 4 5 BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 22611 0.5
43C 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER, VA 22603 0.57
43C 4 7 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75
43C 4 8 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75
43C 4 10 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.11
Source: Frederick County GIS, 2015 Data Sorted by Tax Map Number
D
REZONING APPLICATION #06-16
SEMPELES PROPERTY
Staff Report for the Planning Commission
Prepared: June 6, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 06/15/16 Pending
Board of Supervisors: 06/22/16 Pending
PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the
“on site development” sections of the proffers for the M1 (Light Industrial) District zoned portion of the
site. The Applicant is requesting to revise the proffers to allow the use of tilt-up concrete walls and to
remove proffers that have been completed.
LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north
of the intersection of Woodbine Road (Route 669) and Martinsburg Pike.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/16 PLANNING
COMMISSION MEETING:
This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to
allow the use of concrete tilt-up walls within the M1 (Light Industrial) Zoned portion of the property.
The site was originally rezoned in 2004 to the M1 District and the B2 (General Business) District with
proffers. Those proffers limited the façade materials to concrete masonry (CMU) brick, architectural
block, dryvit or other simulated stucco, real or simulated wood or glass. The Applicant has also
updated the proffer to remove improvements that have been previously completed. It should be noted
that this proffer amendment only applies to the M1 zoned parcel, the parcels that were rezoned to the B2
District will still be covered by the 2004 proffer statement.
The industrial zoning for the property continues to be consistent with the land use identified in the 2030
Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water
Service Area (SWSA). The impacts associated with the change of use are very limited; no additional
impacts to Frederick County or the surrounding property owners are anticipated.
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
Planning Commission.
Rezoning # 06-16
June 6, 2016
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.
Reviewed Action
Planning Commission: 06/15/16 Pending
Board of Supervisors: 06/22/16 Pending
PROPOSAL: To revise proffers associated with Rezoning #02-04. This revision relates to the
“on site development” sections of the proffers for the M1 (Light Industrial) District zoned portion of the
site. The Applicant is requesting to revise the proffers to allow the use of tilt-up concrete walls and to
remove proffers that have been completed.
LOCATION: The site is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north
of the intersection of Woodbine Road (Route 669) and Martinsburg Pike.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 34-A-4
PROPERTY ZONING: M1 (Light Industrial)) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Berkeley County, WV Use: Vacant/Residential
South: RA (Rural Areas) Use: Residential
M1 (Light Industrial) Use: Industrial
East: B2 (General Business) Use: Commercial/Vacant
RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential/Agricultural
Rezoning # 06-16
June 6, 2016
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcel as being zoned A-2 (Agricultural General). The County’s agricultural zoning districts
were 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 properties and all other A-1 and A-2 zoned
land to the RA District. On April 28, 2004 the Board of Supervisors approved Rezoning #02-04
for the Sempeles Property, which rezoned the property to the M1 (Light Industrial) District with
proffers.
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 identify this property
with an industrial land use designation. The current M1 (Light Industrial) Zoning of the subject
property is supported by the Comprehensive Plan. The property is also located within the
(Sewer and Water Service Area (SWSA)).
3) Proffer Statement – Dated June 2, 2016:
Street Improvements: Proffers “a” and “c” have been removed as they have been completed.
Landscape Design Features: the bulleted proffer has been deleted as it applies to the B2 zoned
properties still covered by the 2004 proffer.
On Site development: Proffer “a” has been modified to allow “tilt-up concrete walls” to the
permitted façade materials.
Monetary Contribution to Offset Impacts of Development: This proffer has been removed as
the monetary proffer has already been paid.
Rezoning # 06-16
June 6, 2016
Page 4
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/16 PLANNING
COMMISSION MEETING:
This request to amend the proffer statement for the Sempeles Property (Whitehall Commerce Center) to
allow the use of concrete tilt-up walls within the M1 (Light Industrial) Zoned portion of the property.
The site was originally rezoned in 2004 to the M1 District and the B2 (General Business) District with
proffers. Those proffers limited the façade materials to concrete masonry (CMU) brick, architectural
block, dryvit or other simulated stucco, real or simulated wood or glass. The Applicant has also
updated the proffer to remove improvements that have been previously completed. It should be noted
that this proffer amendment only applies to the M1 zoned parcel, the parcels that were rezoned to the B2
District will still be covered by the 2004 proffer statement.
The industrial zoning for the property continues to be consistent with the land use identified in the 2030
Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water
Service Area (SWSA). The impacts associated with the change of use are very limited; no additional
impacts to Frederick County or the surrounding property owners are anticipated.
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
Planning Commission.
J. WAYNEADAMSSubdivision
0111
§¨¦81
§¨¦81
ST669
BERKELEY COUNTYWEST VIRGINIA
34 A 4
4428MARTINSBURGPIKE
276WOODBINE RD
4442MARTINSBURGPIKE
331WOODBINE RD
4462MARTINSBURGPIKE
4469MARTINSBURGPIKE 4470MARTINSBURGPIKE
4478MARTINSBURGPIKE
4491MARTINSBURGPIKE4489MARTINSBURGPIKE4481MARTINSBURGPIKE
208WOODBINE RD4496MARTINSBURGPIKE
4504MARTINSBURGPIKE
154WOODBINE RD
160WOODBINE RD
174WOODBINE RD
184WOODBINE RD
200WOODBINE RD
4514MARTINSBURGPIKE
140WOODBINE RD
146WOODBINE RD
3191WOODSIDE RD
4532MARTINSBURGPIKE
4535MARTINSBURGPIKE
4547MARTINSBURGPIKE4543MARTINSBURGPIKE
4553MARTINSBURGPIKE 4552MARTINSBURGPIKE
4568MARTINSBURGPIKE
4578MARTINSBURGPIKE
4586MARTINSBURGPIKE
4600MARTINSBURGPIKE
4610MARTINSBURGPIKE
4622MARTINSBURGPIKE
4692MARTINSBURGPIKE
4663MARTINSBURGPIKE
4713MARTINSBURGPIKE
4740MARTINSBURGPIKE
1441RESTCHURCH RD
4768MARTINSBURGPIKE4754MARTINSBURGPIKE
4781MARTINSBURGPIKE
4784MARTINSBURGPIKE
4804MARTINSBURGPIKE
4810MARTINSBURGPIKE
4822MARTINSBURGPIKE
4836MARTINSBURGPIKE
REST CHURC
H
R
D
MAR
T
I
N
S
B
U
R
G
PIK
E
WOODBINE R
D
Applications
Parcels
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 6, 2016Staff: cperkins
WOODBINE RD
REST CHURCH RD
WOO
D
S
I
D
E
R
D
ZA
C
H
A
R
Y
A
N
N
L
N
0111
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
0 590 1,180295 Feet
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
REZ #06-16
§¨¦81
BERKELEY COUNTYWEST VIRGINIA
J. WAYNEADAMSSubdivision
0111
§¨¦81
§¨¦81
ST669
BERKELEY COUNTYWEST VIRGINIA
34 A 4
4428MARTINSBURGPIKE
4442MARTINSBURGPIKE
276WOODBINE RD
331WOODBINE RD
4470MARTINSBURGPIKE
4462MARTINSBURGPIKE
4491MARTINSBURGPIKE4481MARTINSBURGPIKE 4478MARTINSBURGPIKE
4496MARTINSBURGPIKE
4504MARTINSBURGPIKE
154WOODBINE RD160WOODBINE RD166WOODBINE RD
174WOODBINE RD
184WOODBINE RD200WOODBINE RD
208WOODBINE RD
4514MARTINSBURGPIKE
4532MARTINSBURGPIKE 140WOODBINE RD
146WOODBINE RD
3191WOODSIDE RD
4535MARTINSBURGPIKE
4543MARTINSBURGPIKE
4552MARTINSBURGPIKE
4547MARTINSBURGPIKE
4553MARTINSBURGPIKE
4568MARTINSBURGPIKE
4578MARTINSBURGPIKE
4586MARTINSBURGPIKE
4592MARTINSBURGPIKE
4600MARTINSBURGPIKE
4610MARTINSBURGPIKE
4622MARTINSBURGPIKE
4692MARTINSBURGPIKE
4663MARTINSBURGPIKE
4713MARTINSBURGPIKE 4740MARTINSBURGPIKE
1441RESTCHURCH RD
4754MARTINSBURGPIKE
4781MARTINSBURGPIKE
4768MARTINSBURGPIKE
4804MARTINSBURGPIKE4784MARTINSBURGPIKE
4822MARTINSBURGPIKE4810MARTINSBURGPIKE
4836MARTINSBURGPIKE
REST CHURC
H
R
D
MAR
T
I
N
S
B
U
R
G
PIKE
WOODBINE R
D
Applications
Parcels
Sewer and Water Service Area
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 6, 2016Staff: cperkins
WOODBINE RD
REST CHURCH RD
WOO
D
S
I
D
E
R
D
ZA
C
H
A
R
Y
A
N
N
L
N
0111
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
0 590 1,180295 Feet
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
REZ #06-16
§¨¦81
BERKELEY COUNTYWEST VIRGINIA
WHITEHALLBUSINESS PARKSubdivision
0111
§¨¦81
§¨¦81
ST669
ST669
BERKELEY COUNTYWEST VIRGINIA
34 A 4
351ZACHARYANN LN
280WOODBINE RD
276WOODBINE RD
4364MARTINSBURGPIKE
4374MARTINSBURGPIKE
4382MARTINSBURGPIKE
1420RESTCHURCH RD
4392MARTINSBURGPIKE
4407MARTINSBURGPIKE
4400MARTINSBURGPIKE
4441MARTINSBURGPIKE
4420MARTINSBURGPIKE
4442MARTINSBURGPIKE
331WOODBINE RD
321ZACHARYANN LN
4455MARTINSBURGPIKE
4470MARTINSBURGPIKE 4462MARTINSBURGPIKE
4491MARTINSBURGPIKE
4469MARTINSBURGPIKE
4481MARTINSBURGPIKE
4478MARTINSBURGPIKE
4489MARTINSBURGPIKE
4496MARTINSBURGPIKE
4504MARTINSBURGPIKE
154WOODBINE RD
166WOODBINE RD
174WOODBINE RD
184WOODBINE RD200WOODBINE RD
208WOODBINE RD
4514MARTINSBURGPIKE
4532MARTINSBURGPIKE 140WOODBINE RD
3191WOODSIDE RD
4535MARTINSBURGPIKE
1530RESTCHURCH RD
4547MARTINSBURGPIKE 4543MARTINSBURGPIKE
4553MARTINSBURGPIKE 4552MARTINSBURGPIKE
4578MARTINSBURGPIKE4568MARTINSBURGPIKE
4592MARTINSBURGPIKE
4610MARTINSBURGPIKE
4622MARTINSBURGPIKE
4692MARTINSBURGPIKE
4663MARTINSBURGPIKE
4713MARTINSBURGPIKE
4740MARTINSBURGPIKE
1441RESTCHURCH RD
1345RESTCHURCH RD
4754MARTINSBURGPIKE
4781MARTINSBURGPIKE
4768MARTINSBURGPIKE
4784MARTINSBURGPIKE
4804MARTINSBURGPIKE
4810MARTINSBURGPIKE
4836MARTINSBURGPIKE
REST CHURC
H
R
D
ZA
C
H
A
R
Y
AN
N
L
N
MA
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PIK
E
WOODBINE RD
Applications
Parcels
Sewer and Water Service Area
Building FootprintsLong Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
Mixed Use Commercial/Office
Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Historic
Institutional
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
B2 / B3
Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 6, 2016Staff: cperkins
WOODBINE RD
REST CHURCH RD
WOO
D
S
I
D
E
R
D
ZA
C
H
A
R
Y
A
N
N
L
N
0111
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
0 750 1,500375 Feet
REZ # 06 - 16Sempeles PropertyPIN:34 - A - 4Proffer Amendment
REZ #06-16
§¨¦81
BERKELEY COUNTYWEST VIRGINIA