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PC 06-02-21 Meeting MinutesFrederick County Planning Commission Page 3814 Minutes of June 2, 2021 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 2, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the June 2, 2021 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Dawson and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the May 5, 2021 and May 19, 2021 meetings. ------------- Frederick County Planning Commission Page 3815 Minutes of June 2, 2021 COMMITTEES Transportation Committee – Mtg. 05/24/21 Commissioner Oates reported the Committee reviewed the Comprehensive Plan Update (Transportation Section) and sent it on to the CPPC; next month they will be looking at maps and text updates. The Committee also received an update on the Crossover Boulevard project that goes between the Airport and Pleasant Valley, paving operations are complete and minor things are also being completed. He noted this project remains ahead of schedule. Conservation Easement Authority – Mtg. 05/27/21 Commissioner Triplett reported the Authority held its annual organizational activities with the election of officers, the adoption of the bylaws, and the adoption of meeting minutes. City of Winchester – Mtg. 06/01/21 Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported the Commissioner discussed two CUPs on short term rentals and an Ordinance for new regulations on home share and short term rentals. Board of Supervisors Supervisor Stegmaier expressed thanks to the many Shawnee residents who came out to share their concerns on the rezoning for One Logistics. He stated he hopes no one attending wants to burden the residents with the heavy traffic and unsafe conditions this project will generate. Announcements Chairman Kenney shared this will be Commissioner Marstons last meeting and expressed his gratitude for his service to the community. He noted, Commissioner Jewell will now be the liaison for Frederick Water. CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. Mr. William Melvin, President of the Raven Pointe Homeowners’ Association came forward and read a statement on behalf of the association: Two years ago, the Raven Pointe Homeowners Association, Inc. (RPHOA), a community of 120 homes filed a Statement in re. APPLICATION #03-18, CARPERS VALLEY INDUSTRIAL PARK voicing our community's objections based on traffic abatement issues. Raven Wing Homeowners Association, Inc., representing approximately 250 additional homes joined us in opposition. Both of our developments are adjacent to the property in question, across Rt. 50 at Inverlee Drive, soon to be joined Frederick County Planning Commission Page 3816 Minutes of June 2, 2021 by a new community, Raven Oaks, with housing construction underway for an additional 144 homeowners. The current Rezoning Application, submitted by Wickshire Industrial LLC, presents far more serious traffic abatement concerns, which are now shared by the Staff of the Planning Commission, as outlined in the Executive Summary of its Staff Report dated May 20, 2021. In addition, VDOT has expressed significant concern as outlined in their comments contained in the Staff Report. According to VDOT, the function of the Exit 313 interchange will be negatively impacted during the peak times that were studied. Given that the pending improvements to Exit 313 by VDOT include minimal capacity improvements, these interchange improvements will not alleviate the impacts from this development. RPHOA objects to this new Rezoning Application and requests that the Application be denied. In addition to the issues raised by the Planning Commission staff and VDOT, the Application is supported by a traffic impact analysis that is materially flawed, incomplete, and relies on dated real-time information. In support of the requested rezoning, the Applicant also submitted a VDOT Signal Justification Report (SJR), dated January 21, 2021. The SJR is materially deficient, incomplete and dated as well. Further, the Applicant's proffers would obligate the Board of Supervisors to potentially procure rights of way on behalf of the Applicant for offsite improvements which would create the potential for the site to develop without mitigating the transportation impacts addressed by the offsite road improvements outlined in the proffers, according to the Staff Report. The requested rezoning is also inconsistent with the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan, as pointed out by the Planning Commission staff. RPHOA is joined in its opposition to this Application by residents of the Raven Wing and Crestleigh communities. From the standpoint of our communities, the central problem posed by the proposed development of One Logistics Park is that the new road proposed as an extension of Coverstone Drive would empty out onto Rt. 50 at Inverlee Way, and the fact that the land is intended to be developed largely as a major truck distribution center. If allowed, the project would have a substantial negative impact on our communities and present several public safety concerns, even with the proposed installation of traffic signals and added turn lanes at Rt. 50/1nverlee Way. The Application seeks a change in land use for the 277 acre site to M-1 and B-2 rezoning to accommodate approximately 3 million square feet of general industrial uses. The One Logistics Park project is designed to establish several interconnected commercial and light industrial Land Bays. With multiple distribution centers planned for commercial deliveries and offloading, the estimated traffic on an extended Coverstone Drive of 10,000 vehicles per day means that trucks, especially tractor trailers will be entering and leaving Coverstone all day and all night, disrupting the night rest hours of our residents at a minimum. In addition, the corner of Inverlee and Rt. 50 is a drop off point for private school busses and public school busses utilize Inverlee as well. Truck traffic coming down the hill of the proposed Coverstone extension with a planned speed limit of 40 mph, creates a major safety hazard, especially if the vehicle is trying to "make the light". It will also provide a cut-through alternative route from traffic on Rt. 522 to Rt. 50 at Inverlee and beyond to Senseny Road and that burden has been underestimated. The VDOT SJR traffic analysis excludes the impact of the new Raven Oaks development, also adjacent to the project across Rt. 50 which is now under construction and, when complete, will add upwards of 280 additional vehicles to the Inverlee/Rt. 50 intersection each day. The analysis also fails to take into account the likelihood that more vehicles, including trucks will use Inverlee, Kinross, Dewberry, Huntersridge/Fairfield, and Crestleigh to access Senseny Road and Rt. 7. Frederick County Planning Commission Page 3817 Minutes of June 2, 2021 It has already been established that the residents along Crestleigh have experienced several bad accidents and near misses from speeding vehicles and their requests for relief to VDOT over the last several years have been denied. This will only make matters worse. The traffic analysis erroneously assumes that schools will continue with remote learning due to Covid and ignores reality that schools will be open full-time in the Fall, From p, 3 of the VDOT SUR traffic analysis. • For the subject rezoning application review in 2020, with school out and COVID -19 conditions impacting travel activities, no new counts were required. • As for additional major omissions, see p. 4 of the VDOT SJR traffic analysis. • Localized development impacts of the FBI campus, Navy Federal Credit Union offices and Custer Avenue commercial uses were not included in the warrant study. • The VDOT SUR submission relies on data from 2008. From p. 3: Summary of Traffic Count Source: Peak period turning movement counts were collected by VDOT to the east at the Millwood Pike/Sulphur Springs Road (Va. Rte. 655) intersection as part of the intersection improvement project in 2017. The 12-hour counts were utilized to determine Millwood Pike link volumes and were factored for turns at Inverlee Way based on 2008 traffic counts. For the subject rezoning application review in 2020, with school out and COVID -19 conditions impacting travel activities, no new counts were required. The derivation of the traffic volumes is detailed in the signal warrant study, as attached. VDOT published Daily trips for Millwood Pike ADT was 19,000 VPD in 2019. VDOT published ADT for Route 1520 (Inverlee Way) north of Route 50-17 is 670 VPD from 2008 published counts. Based on the 2008 counts/forecasts used for the Governors Hill rezoning the link volume with a K value of O. 10 translate to approximately 1, 700 VPD, so the turning peak hour counts were used as the base to factor the 13-hour 'base' volume at Inverlee Way for the side street. Use of modeling is no substitute for the realities on the ground. A further aggravating circumstance to the proposed Coverstone extension is the planned Super Convenience Market/Gas Station near the proposed intersection with Rt. 50 at Inverlee. With projected vehicle traffic entering and exiting the proposed Coverstone extension, it would dramatically compound the dangers posed to public safety. No consideration was given in the Application for the likelihood that our neighborhood children who frequently ride their bicycles around our developments, and even adults, will attempt to navigate Rt. 50 in order to purchase candy or other convenience store items. Currently, there is no such store in close proximity. This public safety hazard, with trucks entering and exiting the proposed Coverstone extension, could prove disastrous. It is also of critical importance that no consideration has been given to an alternative plan whereby Coverstone Drive would be linked to the planned extension of Pendleton Drive, parallel to the Airport so as to circle the east side of the project and exit opposite of Sulphur Springs Road which already has a traffic signal and an upgraded intersection. At a minimum, the Board should table the One Logistics Park Application until further study and analysis of the Sulphur Springs alternative is completed with updated and realistic traffic analyses. The proposed One Logistics Park project represents a major shift in the land use planning adjacent to our communities. It will negatively impact our quality of life and serve no useful purpose to the County in terms of revenue generation. The changed zoning would substantially reduce the tax revenues that would otherwise be gained by the County with a broader residential/commercial mix. There is nothing to be gained by the County or our communities with this project and much that we both can lose. We respectfully request that the Rezoning Application be denied. Frederick County Planning Commission Page 3818 Minutes of June 2, 2021 No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ------------- PUBLIC HEARING Rezoning #02-21 for Greystone Properties, LLC, and White Properties, submitted by Greenway Engineering, Inc., to rezone 119.27 acres from the R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located at 964 Cedar Creek Grade, 740 Merrimans Lane, 750 Merrimans Lane, and 760 Merrimans Lane in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A. Action – Recommend Approval Commissioner Manuel and Commissioner Mohn would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director, reported this is a proposal to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. She continued, the properties are located east of Route 37 and Merriman’s Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District. Ms. Perkins noted, the subject properties are part of the original Willow Run development which was approved in 2001 (revised in 2009 and 2012); Rezoning #21-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses. Ms. Perkins explained, the site is located within the limits of the Western Jubal Early Land Use Plan (WJELUP) of the 2035 Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations which is consistent with the current zoning. She noted, the Plan calls for the residential areas to develop with single family detached and small lot units with a density of four units per acre. Ms. Perkins reported, the transportation network identified in the Comprehensive Plan calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37. She continued, a public major collector road is planned to facilitate traffic movement in a north-south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade; alternative modes of transportation, such as pedestrian and bicycle facilities, an interconnected system of multi-purpose trails and sidewalks are planned. She shared, with this proposed rezoning: • 119.27 acres requested to be rezoned from the R4 District to the RP District: o Maximum of 300 age-restricted dwelling units on their properties which shall be limited to single-family small lot units. o Request to utilize a complete network of private streets with a gated access on to Cedar Creek Grade (BOS waiver required). o Monetary proffer of $308/unit– consistent with the Capital Impact Model o Residential uses in this area are supported by the Comprehensive Plan. Frederick County Planning Commission Page 3819 Minutes of June 2, 2021 • 238 acres requested to be rezoned from the R4 District to the RA District: o Current zoning of this area for residential and commercial uses – consistent with the Comprehensive Plan; rezoning the site to the RA District would be inconsistent with the Plan. o RA Zoning could allow for up to 47 by-right single-family dwellings. o Applicant has proffered $9,078/unit – Capital Impact Model identifies an impact of $22,043/unit on county facilities. o Potential RA lots could impact the ability to construct Jubal Early Drive and the planned north south connector. John A. Bishop, Assistant Director Transportation, reported the current proffers provide: • Construction of the comprehensive planned extension of Jubal Early Drive with Merrimans Lane realignment • Construction of a new interchange with Route 37 • Public north/south connector roadway from future Jubal Early Drive extension to Cedar Creek Grade • Bicycle and pedestrian amenities throughout the development Mr. Bishop noted, the proposed proffers trim back on the existing proffers a bit: • Access entirely from Cedar Creek Grade • Proffered right-of-way only for 25 years for future Jubal Early Drive and Merrimans Lane realignment on the proposed RA parcel • Proffered right-of-way for Jubal Early Drive across the parcels proposed for RP zoning • Creates a private connection not Cedar Creek Grade in the location of the former public north/south connection from future Jubal Early Drive to Cedar Creek Grade • Do not provide a public system of bicycle and pedestrian accommodations Mr. Bishop shared a map of the proposed zoning and the right-of-way as mentioned. He explained with an exhibit the Cedar Creek Grade improvements for this project. Commissioner Thomas commented, the current rezoning is based on having approximately 1,400 residences, and that would mean one or two schools needing to be built to accommodate this; now going to 300 age restricted houses and 47 RA lots, we are looking at a significant reduction in traffic and students. He inquired, not having the Jubal Early Drive extension and the Merrimans Lane extension, how detrimental it is since there would be a significant reduction in traffic. Mr. Bishop explained, to properly answer we would need to run it through the regional model; regarding Jubal Early Drive itself, there is the right-of-way for 25 years. He continued, it is a regional in nature improvement, so whether this development was happening at all we would still be calling for that improvement and it was on the Comprehensive Plan prior to the Willow Run rezoning. Commissioner Thomas stated that we need to keep the right-of-way and the ability to build the roads through there and losing the right-of-way for Jubal Early Drive is a big concern. Mr. Bishop commented yes, it would be very concerning in losing the ability to do that project. Chairman Kenney inquired about the cost of the Merrimans Lane and Route 37 overpass at the Rock Harbor Golf course entry and noted that was quite a concerted effort. Mr. Bishop noted it certainly was and there is an open permit on that project. He continued, there was an approved design and Jubal Early Drive itself was virtually an approved design with the exception of a small segment; revenue sharing applications had been done along with state funds, unfortunately when it came time to Frederick County Planning Commission Page 3820 Minutes of June 2, 2021 move forward there were multiple property owners involved and it was not able to come together. He noted, there was a lot of effort amongst the Applicant and those involved. Chairman Kenney asked if there were agreements with water and sewer in the past and access across Merrimans Lane. Mr. Bishop stated, there was work of that type done and Mr. Evan Wyatt can elaborate on that. Mr. Evan Wyatt of Greenway Engineering Inc. came forward on behalf of the Applicant. He began, in the 2007 rezoning everything discussed was a proffered item; a proffered development plan; a proffered generalized development plan; and proffered community design modifications. He continued, that is an important thing to recognize, once a project is rezoned, in order to develop the project moving forward, the construction plans that come forward for approval have to substantially conform to the GDP, to the Community design modifications and so forth. Mr. Wyatt explained, once this project went through entitlement, which was during the boom time then we went through the recession so then it just sat there for a while; during that time the County, VDOT, and the developers tried very hard to preserve the Jubal Early Drive construction project. Since then, the revenue sharing funds have been deallocated so there is no financial method to build the road. He continued, it is also important to note, the piece that was originally owned by Miller and Smith is now owned by White Family Properties; and the property is currently used for agriculture use and open space. He noted, they are not developers, nor do they wish to be. Mr. Wyatt stated, the owners of the Greystone portion wish to develop as a mixed use both non-age restricted and age restricted project. In regards to the Staff report which he feels is very positive, when reviewing the impacts of this proposal there were no issues of concern with the piece of property to be developed if approved. He noted, there was a lot of time spent with VDOT and Transportation on a solution that was acceptable for Cedar Creek Grade and all of that is proffered. Another point with this portion of the property is the portion of Jubal Early Drive is being dedicated to the County along with the subdivision plats that would be prepared for the age restricted project and the reason it is being dedicated outright to the County is because since this is a development project if you do not do it at this point in time that would be a lost opportunity. He explained, typically when we look at a rezoning from a project that was previously rezoned, we look at a comparative analysis, resulting in significant reduction of impacts. He noted, if the County does rezone this back to RA where is the risk to the County; the Applicant made sure it was proffered prohibiting the use of TDRs in the 238 acres. Regarding the reservation of the ROW, the Applicant thought to be appropriate and fair to the County, if the property goes back to agricultural use there is an opportunity for the ROW to become dedicated to the County at no cost and they felt a 20 year window was sufficient and fair; Staff requested it be increased a bit and the property owners agreed to 25 years. Commissioner Marston asked how close the Cedar Creek Grade intersection will be to the Harvest Ridge entrance. Mr. Wyatt commented, VDOT has requested longer turn lanes and tapered lanes; the primary concern with the entrance coming onto Cedar Creek Grade is the side streets warrants would not meet what is required for a traffic light. He continued, the Applicant, VDOT, and the City of Winchester have worked to create an area where traffic can turn out of their project to a lane that is protected then ultimately merge into the thru lane towards Valley Avenue. Commissioner Thomas asked if the left turn lane has a raised median and if it will be raised on both sides of the car. Mr. Wyatt responded it will be parallel with the east bound traffic into the City of Winchester. Commissioner Thomas commented so westbound traffic will be turning in the lane. Mr. Wyatt stated no because there will be striping and extended median. Commissioner Thomas asked if there is a chance to extend the ROW for Jubal Early Drive to 30 or 35 years. Mr. Wyatt commented, a discussion was had with the White Family, and they reluctantly agreed to the 25 years. Chairman Kenney commented, this is going to be a gated community which requires a Board of Supervisors waiver; what happens if years down the road with the ROW in place and the White Family property is sold or developed and the gated community would be opened up. Mr. Wyatt Frederick County Planning Commission Page 3821 Minutes of June 2, 2021 explained, the only opportunity for something different to happen is for another development group to come in and negotiate and purchase the property; that is possibly where the Comprehensive Plan may be revisited. He continued, regarding the gated community and age restricted projects desire to have a gated community with a complete system of private streets which requires a waiver; they have proffered to do certain things if the waiver is granted. Chairman Kenney asked where the access would be to the 238 acres. Mr. Wyatt noted access is along Merrimans Lane and the developer would be responsible for building the streets and entrance. Chairman Kenney asked if water and sewer was part of the original rezoning across Merrimans Lane. Mr. Wyatt commented a lot of work was done with Frederick Water at the time and an agreement was met on tap fees. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. David Williamson of the Gainesboro District came forward. He is an adjoining property owner to the White’s property. He is in favor of this project and would like consideration in his property at 277 Orchard Lane becoming RA from R4. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon a motion made by Commissioner Triplett and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Rezoning #02-21 for Greystone Properties, LLC, and White Properties, submitted by Greenway Engineering, Inc., to rezone 119.27 acres from the R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located at 964 Cedar Creek Grade, 740 Merrimans Lane, 750 Merrimans Lane, and 760 Merrimans Lane in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A. Yes: Triplett, Thomas, Marston, Jewell, Kozel, Cline, Molden, Morrison, Dawson No: Oates, Kenney Abstain: Mohn, Manuel ------------- ACTION ITEM Rezoning #01-21 for One Logistics Park Winchester, submitted by Gordon, to rezone 277.16+/- acres from the R4 (Residential Planned Community District to the B2 (General Business) and M1 (Light Industrial) Districts with proffers. The properties are located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64- A-84, 64-A-86, and 64-A-87. Action – Recommend Approval Frederick County Planning Commission Page 3822 Minutes of June 2, 2021 Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director, reported this is a proposal to rezone six parcels totaling 277.16 acres from the R4 (Residential Planned Community) District to the B2 (General Business) District and the M1 (Light Industrial) District with proffers. She provided a history of this application: the Planning Commission held a public hearing for this rezoning on March 17, 2021 and postponed the application for 90 days; a Planning Commission work session was held on April 21, 2021 to further discuss the application; following the work session, the Applicant submitted revised proffers dated May 18, 2021 seeking to address identified concerns. She presented a locations map of the property and noted, the subject properties are part of the original Carpers Valley/Governors Hill rezoning which was approved in 2005 (revised in 2009, 2013, and 2014); Rezoning #11-05 provided for 143 acres of commercial uses and 550 residential units. Ms. Perkins shared, the total of 277.16+/- acres propose: • 264.7 acres for industrial uses • 12.5 acres for commercial uses at the intersection of Coverstone Drive and Millwood Pike Ms. Perkins noted, this rezoning eliminates the residential units previously approved. She continued; the site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan. The Plan identifies these properties with a commercial/transition and residential land use designation; these designations are consistent with the current zoning. The site is also located within the Airport Support Area. She concluded; the requested M1 District is generally inconsistent with the land uses depicted in the Comprehensive Plan. Mr. Bishop reviewed the phases of the Coverstone Drive implementation: (note: Phase order concerns have been eliminated) • Phase I – Full four lane divided urban collector roadway section with trail from Millwood to the southern boundary of Land Bay 3 to include signalization and turn lane improvements. • Phase II – Construction of two lane roadway from the southern property line of Land Bay 3 to Pendleton Drive with a trail. • Phase III – completion of two lane section from Pendleton to existing Coverstone Drive with trail. • Phase IV – Coverstone widening to four lanes once development will exceed 2,000,000 square feet or if projected vehicles per day south of Land Bay 3 exceeds 10,000 or if heavy vehicle traffic exceeds 800. • Completion of two lane Pendleton Drive extension prior to issuance of first CO in Phase B. Mr. Bishop continued, the Western improvements are to be constructed with Coverstone Phases 1-3 and with square footage in excess of 1,491,600. He noted, if warranted, signalization would occur after Coverstone improvements are completed and adopted into the VDOT system, otherwise $200,000 will go to the County. Mr. Bishop explained, offsite improvements that require right of way Frederick County Planning Commission Page 3823 Minutes of June 2, 2021 acquisition and cannot be privately obtained will not take place unless the Board of Supervisors acquires the right of way. In the event the Board of Supervisors do not obtain the right of way, the Applicant will provide the County with the cost to construct those improvements including acquisition cost. Mr. Bishop shared Staff concerns and they do remain consistent: Lack of any proffer addressing VDOT concerns raised regarding interchange impacts expected to cost as much as $60-80 million; Proffer 2.6.2b, the timing of signalization (formerly signalization agreement) remains a concern; Proffer 2.7, Staff remains concerned about the position the Board is put in regarding the dictation of the use of eminent domain to implement developer proffers. He concluded; this rezoning is being presented as an action item and a public hearing was held on March 17, 2021. Commissioner Mohn inquired in regards to the HOA comments, there was a reference to Coverstone Drive extending around to Sulfur Springs Road rather than coming out at Inverlee Way; did the original rezoning of Governors Hill bring Coverstone Drive out at that intersection and it was a prior revision to the proffers that the Board of Supervisors supported rather significantly and re-aligned that intersection at Inverlee Way. Mr. Bishop commented that is correct, previously instead of hooking north to meet Inverlee Way it continued around to meet Sulphur Springs Road. He continued, the property group at that time was growing concerned at the potential cost to connect with the intersection of Sulphur Springs Road and it was in the Comprehensive Plan at that time. Concurrent with that, there were safety concerns from the community and the Board member from that district. Commissioner Mohn commented, the safety concern is significant and there was an agreement at that time; the realigning of Coverstone Drive made sense. Commissioner Thomas commented, the $60-80 million that VDOT has stated is needed for improvements to the transportation system, if we look at the current zoning (not what is before us tonight) would we still need the $60-80 million or is the new rezoning causing the $60-80 million in traffic improvements. Mr. Bishop stated it has not been studied in that way yet. Commissioner Thomas stated regarding the HOA comment about the commercial area, the existing rezoning is essentially 1.5 million square foot of commercial area, so how would the citizens from The Ravens development get to the existing rezoning other than crossing Millwood Pike which would essentially be more dangerous. Mr. Bishop commented that is the most direct way to get there with the existing rezoning. Commissioner Marston inquired where Coverstone Drive ends, in the Eastern Road Plan was it supposed to go back around to Route 522. Mr. Bishop stated he believes he is referring to the 522 realignment. Commissioner Marston commented that would relieve a lot at the 313 exit. Mr. Bishop noted that is the idea and it creates a much better approach. Chairman Kenney asked if a comparison was completed by the Applicant as requested at the work session. Mr. Bishop stated he has not received anything yet and referred the question to Mr. Kennedy. Mr. Randy Minchew, representing the Applicant gave a brief presentation and share the comparison to rezone residential to commercial: • Existing Rezoning #10-08 o 277.22 acres R4 (Residential Planned Community) o Approved 550 residential units plus 1,285,000 SF office and retail Frederick County Planning Commission Page 3824 Minutes of June 2, 2021 • Proposed Rezoning #01-21 o M1 (Light Industrial District), 264.72 acres o B2 (General Business District) 12.5 acres o Total proposed SF 2,995,600 Mr. Minchew and Mr. Doug Kennedy then shared the approved Development Plan and the proposed Development Plan. He presented the Airport Support Area and noted; the Airport Support Area discourages new residential construction and the proposed elimination of the 550 entitled residential units would further support the goals of the Airport Support Area. Mr. Minchew reviewed the Community Benefits: • Economic Benefits o Estimated construction investment at full buildout - $1,464,00 o Estimated annual real estate taxes - $1,464,000 (assumes .61 per $100 on $241,000,000 valuation) o Brings Frederick County’s Real Estate Tax Assessments closer to the Comprehensive Plan’s goal of 25% commercial from today’s 20% o Estimated direct and indirect employment – 1,120 to 1,350 o Estimated annual wages - $45,000,000 to 55,000,000 o Estimated annual employee benefits - $6,600,000 to $7,100,000 • Traffic Impact Reduction o Reduction of traffic impacts with the elimination of the 550 units currently entitled o Traffic from approved 550 units and 1,285,000 SF commercial uses is equivalent to 47,00 trips per day vs. the proposed 2,9995,600 SF of industrial uses – 17,000 trips per day (a reduction of 60%) o The approved traffic study did not consider the new Crossover Boulevard in its analysis o The ability to connect to future roads at western edge of Coverstone as Frederick County develops its long-term traffic plan • School Impact Reduction o Elimination of 550 residential units o School reduction of approximately 1,000-1,500 future students o Savings of 1.50 million for future elementary school building o Estimated cost of $35,734 per student (Virginia Department of Education annual report as of 2/22/2021 student school building cost) o Savings of $35,734,000 (assuming 1,000 students) • Existing Proffers Previously Completed o National Guard Armory property dedication (10.13 ac.) and Pendleton Drive construction land value - $607,800 and Road and Sewer improvements - $1,000,000 = $1,607,800 o Frederick County Sheriff’s Office property dedication (12.93 ac.) Coverstone Drive construction land value - $775,800 and Road and Utility improvements - $2,800,000 = $3,575,800 Frederick County Planning Commission Page 3825 Minutes of June 2, 2021 • Proposed Proffers with this Application o Completion of Coverston Drive providing direct access from Route 50 to Frederick County Public Safety Building estimated cost - $6,000,000 o Completion of Pendleton Drive connection estimated cost - $2,000,000 o Intersection improvements completion at Route 50 and Coverstone Drive estimated cost - $1,250,000 o Offsite improvements to Prince Frederick Drive and Costello Drive estimated at - $2,000,000 o Completion of Coverstone Drive and Pendleton will allow for future road connection to Airport Drive and to Route 522 as outlined in the Frederick County 2035 Transportation Plan Planning Commission Members reiterated their concerns with the traffic impacts, proper signalization, and the issue of imminent domain. Upon a motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Rezoning #01-21 for One Logistics Park Winchester, submitted by Gordon, to rezone 277.16+/- acres from the R4 (Residential Planned Community District to the B2 (General Business) and M1 (Light Industrial) Districts with proffers. The properties are located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64-A-84, 64-A-86, and 64-A-87. Yes: Triplett, Thomas, Marston, Jewell, Kozel, Cline, Oates, Morrison, Dawson, Mohn, Kenney No: Molden Abstain: Manuel ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The meeting adjourned at 8:55 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary