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HomeMy WebLinkAbout02-21 BOS Staff ReportREZONING APPLICATION #02-21 Greystone Properties & White Properties Staff Report for the Board of Supervisors Prepared: July 1, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director - Transportation Reviewed Action Planning Commission: 06/02/21 Recommend Approval Board of Supervisors: 07/14/21 Pending 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 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject 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. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: The subject properties are part of the original Willow Run development which was approved in 2007 revised in 2009 and 2012. Rezoning #21-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses. The Applicant proposes to develop the 119.27 acres with an age restricted community. 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. Furthermore, 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. With this proposed rezoning, the 119.27 acres requested to be rezoned from the R4 District to the RP District is generally consistent with the Plan; however, the requested downzoning of the 238 acres to the RA District is inconsistent with the Plan. Staff would note that the 238 acres has the potential to develop with up to 47 by-right, five-acre, single family residential units, which does not conform with the future vision for this area. It should be noted that the monetary proffer per unit proposed for the residential units that could develop on the RA portion of the site does not adequately cover the impact on County facilities as projected in the County’s Capital Impact Model (CapIM) – See Proffer D.2. 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. In addition, 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, and an interconnected system of multi-purpose trails and sidewalks are also planned. The proffers that currently apply to the site provide for the construction of these roadways and pedestrian accommodations. The current application proposes to downzone a majority of the area where the future Jubal Early Drive right-of-way is located and Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 2 provides for a right-of-way dedication with a 25-year expiration clause. The area where the north/south connection was located is planned to become a private gated access for the age restricted community – thereby eliminating this connection. There is also the potential, should the 238 acres be developed with rural lots, the north/south connection from Cedar Creek Grade to Jubal Early Drive would no longer be possible. The revisions to the transportation and pedestrian networks proposed with this rezoning are inconsistent with the Comprehensive Plan and the future vision for this area. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 06/02/21 Recommended Approval Board of Supervisors: 07/14/21 Pending 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 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject 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. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A- 2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential City of Winchester Residential & open space South: RA (Rural Areas) Use: Agricultural and residential RP (Residential Performance) Residential East: City of Winchester Use: Residential West: RA (Rural Areas) Use: Residential and recreational RP (Residential Performance) Residential Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see letter from Bradley S. Riggleman, P.E., Area Land Use Engineer dated January 15, 2021. Frederick Water: Please refer to review comment #3 date April 7, 2021 from Eric Lawrence. Approved as submitted. Please see letter from Eric R. Lawrence, AICP, Executive Director dated April 7, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. Frederick County Department of Inspections: Site plan comments shall be provided at site plan submittal. No comments for Residential Rezoning. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: Please see email from Rod Williams, County Attorney, dated December 1, 2020. Frederick County Park & Recreation: Comment response dated 10-13-20 appears to resolve previous Parks and Recreation comments. Frederick County Public Schools: We have looked at the Greystone and White Rezoning. We note that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we offer no comments. City of Winchester: Please see email from Timothy Youmans, Planning Director, dated February 14, 2020. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On February 28, 2007 the Board of Supervisors approved Rezoning Application #21-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 5 Community) District with proffers; the application was revised in 2009 and 2012. 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan (WJELUP) provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. Comprehensive Plan - Land Use Conformance While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The current zoning of the site provides for commercial and higher density residential land uses. The 238 acres has the potential to develop with up to 47 by-right single-family residential units, which does not conform with the future vision for this area. It should be noted that the Applicant has proffered to prohibit the use of the Transfer of Development Rights (TDR) Program for the RA portion of the site. Transportation The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37 (The Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37 to allow for the construction of this new interchange). The extension of Jubal Early Drive through this site is envisioned to be an urban four-lane divided highway with landscaped medians and pedestrian accommodations such as sidewalks and bicycle facilities. In addition, a 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, and an interconnected system of multi-purpose trails and sidewalks are planned for Jubal Early Drive and the roadway providing the north-south connection. 3) Transportation The 2035 Comprehensive Plan and the WJELUP call for the extension of Jubal Early Drive as a Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 6 major collector roadway to Route 37 with an interchange with Route 37. In addition, the plans call for a north/south major collector roadway through the site to connect Jubal Early Drive and Cedar Creek Grade. The plans also call for the availability of bicycle and pedestrian facilities. While the existing proffers associated with the 2012 rezoning provide these roadways, the current proposal does not. The current proposal only provides for the right-of-way for Jubal Early Drive for a limited time period (with construction by others) and converts the north/south connection to a private roadway associated with the gated community. 4) Environmental The FEMA National Flood Insurance Program (NFIP) map identifies floodplain areas associated with Abrams Creek on the site. Wetland areas associated with Abrams Creek area also identified on the site as demonstrated on the National Wetlands Inventory (NWI). Karst features are known to exist on the property. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits of such lots. 5) Proffers The proffers associated with this rezoning application are as follows, Staff has identified concerns with the proffers that are shown in bold italic: Proffer Statement – Dated October 16, 2019 with revision date March 25, 2021: A) Land Use 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age-restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age-restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age-restricted community per Section 144-24C(2)(b) of the County Code. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 7 Staff Note: The Comprehensive Plan calls for a public major collector roadway connection between the Jubal Early Drive extension and Cedar Creek grade. The proffers that currently apply to the site provide for the construction of this connection. The current application proposes to develop an age restricted community with a gated access – thereby eliminating this connection. Staff also notes the need for a public bicycle and pedestrian connection between Cedar Creek grade and future Jubal Early Drive. This concern also applies to proffer B2. Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there would no longer be a feasible location for the construction of the north/south connection from Cedar Creek Grade to Jubal Early Drive. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age-restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The gated access entrance shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right-turn/taper lane with an approximate 150’ storage length and a 50’ taper length; a separated eastbound left- turn/taper lane with an approximate 200’ storage length and a 200’ taper length; and a separated eastbound median protected acceleration lane with an approximate 225’ storage length and a 145’ taper length meeting to provide safe turning movements for vehicles entering and exiting the age-restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of-way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age-restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age-restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age-restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 8 proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age-restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. Staff Note: The current proffers that are applicable to the properties in this rezoning allow for the construction of the Jubal Early Drive extension and interchange with Route 37. 7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age-restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250th Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 9 funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. Staff Note: The right-of-way reservation for Jubal Early Drive and the Merrimans Lane realignment that are identified in this proffer and proffer B9 should not have a sunset due to the significant difficulty in securing funding for large transportation projects. Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there would no longer be a feasible location for the construction of the north/south connection from Cedar Creek Grade to Jubal Early Drive. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman’s Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. C) Sanitary Sewer Conveyance 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age- restricted dwelling units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age-restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 10 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on-site sewer pump station and the existing off-site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on-site sewer pump station and the future expansion of the on-site sewer pump station by others. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on-site sewer pump station. D) Monetary Contributions 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age-restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five-acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. Staff Note: The County’s Capital Impact Model (CapIM) shows an impact per RA residential unit of $22,403; the proffer associated with this rezoning does not adequately address the projected impact on County facilities. E) Environmental 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area (“DSA”) boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area (“RPA”) buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 11 is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/02/21 MEETING: 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 2021); 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. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 12 • 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 reduce the commitments currently approved: • 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. 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. Commissioner Thomas also questioned how detrimental would not having the Jubal Early Drive extension and the Merrimans Lane extension, 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 rights-of-way and the ability to build the roads through there; losing the right-of-way for Jubal Early Drive is a big concern. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 13 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 agreed and stated that 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 except for a small segment. Revenue sharing applications had been approved with state funds, however, unfortunately when it was time to move forward with the project, the owners involved were not able to come together. Chairman Kenney asked if there were agreements with water and sewer in the past and access across Merrimans Lane. Mr. Bishop stated that work was done and noted that the Applicant would be able to provide additional details. Mr. Evan Wyatt of Greenway Engineering Inc. came forward on behalf of the Applicant. Mr. Wyatt stated that with 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 that this project went through entitlement when the housing market was at a high point, then sat for many years during the recession. During that time, 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 the 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. Regarding the transportation network, Mr. Wyatt noted that 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. Regarding the requested RA zoning, Mr. Wyatt noted that 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 for the 238 acres. Regarding the reservation of the ROW, the Applicant felt it would 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 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. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 14 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 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. 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 the building the streets and entrance. Chairman Kenney asked is 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. Mr. David Williamson of the Gainesboro District came forward. Mr. Williamson stated he was an adjoining property owner and is in favor of the rezoning and is also interested in his property at 277 Orchard Lane being rezoned to the RA District. A motion was made, seconded, and passed to recommend approval of REZ #02-21 Greystone Properties, LLC & White Family Properties. Yes: Triplett, Thomas, Marston, Jewell, Kozel, Cline, Molden, Morrison, Dawson No: Oates, Kenney Abstain: Mohn, Manuel Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.