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Home My WebLink About02-24 CommentsFrom:Johnson, Joseph (VDOT) To:Tyler Klein Cc:John Bishop; Reed, Brad (VDOT); Spielman, Joseph (VDOT) Subject:"[External]"Washington Commons Rezoning Application - VDOT Comment Date:Tuesday, December 19, 2023 10:09:20 AM VDOT has reviewed the Washington Commons Rezoning application and associated documents and we offer the following final comments: 1.The revised TIA dated October 2023 addresses VDOT comments from the previous submission in terms of content changes to the report. The proffers put forward for the rezoning action remain insufficient to address traffic impacts related to the development at intersections 2 (Route 7 & I-81N Ramps/Valley Mill Rd) and intersection 3 (Route 7 & Gateway Drive). 2.A connection to Cole Lane will not be permitted without mitigations constructed along Route 7 given the proximity of Cole Lane to the signalized intersection (Regency Lakes Drive). 3.The "private commercial link road" shown on the GDP will need to meet Access Management spacing requirements at the time of final site plan. The TIA shows excessive NB queueing from intersection #3 along the new collector road during ultimate build-out. If the entrance to the "private commercial link road" affects the operation and safety of the intersection at Route 7, this entrance may need to be converted to a right-in/right-out configuration. Joseph W. Johnson, PE Area Land Use Engineer / Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike / Edinburg, VA 22824 Phone #540.534.3223 josephw.johnson@vdot.virginia.gov COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us February 12, 2023 VIA EMAIL TO mike.wiley@wormald.com Mr. Michael T. Wiley, P.E., P.L.S. The Wormald Companies & Piedmont Design Group, LLC 5283 Corporate Drive, Suite 300 Frederick, Maryland 21703 Re: Rezoning Application – Washington Commons – Tax Map Parcel Numbers 54-A- 111 and 54-5-10 (the “Subject Properties”) Dear Mr. Wiley: You have submitted to Frederick County for review a revised proffer statement (the “Proffer Statement”), dated January 23, 2024, for the proposed rezoning of 1.01± acres from the RP (Residential Performance) District to the B2 (General Business) District, and 1.03± acres from the B2 (General Business) District to the RP (Residential Performance) District, in the Redbud Magisterial District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments:  Proffer B – Site Improvements: o The requirement for completion of Phase 1 and Phase 2 – prior to use and occupancy of a building within the respective parcel – strongly suggests that the entirety of both parcels should be included in the rezoning and defined as the “SUBJECT PROPERTIES” in the introductory paragraph of the Proffer Statement, in order for the proffer to provide most clearly that the ability to develop anywhere on the respective parcel is made subject to completion of the respective Gateway Drive construction. o Also for clarity, the alternative conditions for the completion of the Phase 2 transportation improvements might better read: “… shall be completed prior to the earlier of (a) use and occupancy of the first building within the 24.63 acre property, or Mr. Michael T. Wiley, P.E., P.L.S. February 12, 2024 Page 2 (b) completion of construction by others (including as a result of any successful funding application(s) by Frederick County to the Virginia Department of Transportation and/or any other state agency(ies)) of Gateway Drive from the southern boundary of the Subject Properties to Valley Mill Road.”  Proffer C2 – If the cash proffer amount is based upon the County’s Development Impact Model, the proffer should not include references to general government, courts, or environmental services, per the provisions of Virginia Code Section 15.2-2303.4.  Generalized Development Plan (GDP): o The acreage and square footage amounts shown for the non-residential and residential areas do not correspond with the current parcels, whether with or without the rezoning considered. Parcel Number 54-5-10 (which is proposed as the non- residential area) is currently approximately 10.59 acres of B2/M1 zoning and 1.01 acres of RP zoning. No change results in the area being 12.87 acres as shown on the GDP. Parcel Number 54-A-111 (which is proposed as the residential area) is currently approximately 23.60 acres of RP zoning and 1.03 acres of B2 zoning. Again, no change results in the area being 23.19 acres as shown on the GDP. Even if the designations on the GDP do not include the areas proposed for rezoning, the addition of those areas to the respective parcels does not correspond with the acreages in any of the records for this matter. o Zoning district buffers – Because the GDP shows zoning district buffers contiguous to only some of the zoning district lines within or bounding the Subject Properties, this could be construed, presumably mistakenly, as suggesting that zoning district buffers would not be required for those zoning district boundaries for which zoning district buffers are not shown. o Residential Density – County Code Section 165-402.05 limits residential density to 6 units/acre by parcel size, for parcels of 10 to 25 acres. The residential parcel is approximately 24.63 acres. Accordingly, the maximum number of residential units would be approximately 148. I do not see any legal or theoretical basis to include the non-residential parcel as part of the acreage for purposes of the density and total units calculation. The designation on the GDP for 210 residential units could have the effect of authorizing that number of units, which is 62 units more than the current by right allowance, and would require capital impact analysis. Mr. Michael T. Wiley, P.E., P.L.S. February 12, 2024 Page 3 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) John Bishop, Assistant Director, Planning & Development, Frederick County (via email) Stephen L. Pettler, Jr., Esq. (via email) July 12, 2023 Mr. Mike Wiley Piedmont Design Group 5283 Corporate Drive, Suite 300 Frederick, MD 21703 Re: Washington Commons rezoning application Dear Mr. Wiley: Frederick County Public Schools has reviewed the Washington Commons rezoning application submitted to us on July 10, 2023. Our understanding is that this development proposal includes 217 single-family attached units. We estimate that this development will house 79 students, including 41 elementary students, 18 middle school students, and 20 high school students. The County's development impact model may estimate student generation slightly differently, and it will estimate the fiscal impact of this development on the schools. The high school that will be serving this development is currently over capacity. Based on our estimate, the middle school currently has sufficient capacity and the elementary school will go over capacity as a result of this development. However, there are other active developments within the middle school attendance zone, and we anticipate that this school will go over capacity as a result. The cumulative impact of this development and other developments in Frederick County will require construction of new schools and support facilities to accommodate increased student enrollment. Please feel free to contact me at leew@fcpsk12.net or 540-662-3888 x88249 if you have any questions or comments. Sincerely, K. Wayne Lee, Jr., ALEP Coordinator of Planning and Development cc: Dr. George Hummer, Superintendent of Schools Mr. Shane Goodwin, Assistant Superintendent for Administration Mr. Calvin Davis, Assistant Director of Transportation Mr. Tyler Klein, Senior Planner, Frederick County Planning 42 23 16 21