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PC_12-21-05_Meeting_MinutesMEETING 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 December 21, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; and H. Paige Manuel, Member -At -Large. ABSENT: David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planning; and Renee' S. Arlotta, Clerk. CALL TO ORDER i Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 12/12/05 Mtg. Commissioner Light reported that the CPPS discussed the Southern Triangle, which consists of the Routes 522/277 Corridor. He said the CPPS requested further information and the expressed the need to give this topic further discussion. Historic Resources Advisory Board (HRAB) — 12/20/05 Mtg. Commissioner Gochenour reported that the HRAB received an application from the Chemstone- Middletown Property, submitted by Patton Harris Rust & Associates, PC and represented by Mr. Charles W. Maddox, Jr., for a proposed rezoning of 691 acres from RA (Rural Areas) to EM (Extractive Manufacturing) for mining and related industries. Commissioner Gochenour said the National Park Survey shows the property within the boundaries of the Cedar Creek Battlefield and a portion of the property is located within the core battlefield • Frederick County Planning Commission Page 1652 Minutes of December 21, 2005 -2- area. She said that representatives were present at the meeting from Belle Grove, Cedar Creek Battlefield, the • National Parks Service, and the Town of Middletown. She added that a formal recommendation from the HRAB will be sent to the applicant and others. Winchester Planning Commission (WPC) — 12/20/05 Mtg. Commissioner Ours reported that the WPC is continuing their work on the Corridor Enhancement Areas. Commissioner Ours said the WPC recently finished work on the Corridor Enhancement Area at Amherst Street and Merrimans Lane and they are now turning their attention to the South Pleasant Valley Road area, which would extend west down Cork Street. He said the WPC recommended to City Council the approval of the rezoning of about 53 acres of land containing approximately 74 parcels. Commissioner Ours said that the Corridor Enhancement Area provides guidelines and regulations for building and aesthetics; it does not directly affect land use, but it regulates building materials and the site and architectural features. UPDATE ON THE CAPITAL FACILITIES IMPACT MODELING PROGRAM Connnissioner Light asked the staff to provide an update on the status of the County's new capital facilities impact modeling program. Planning Director Eric R. Lawrence stated that as of December 1, 2005, the Board of Supervisors adopted the new model and it went into effect for new applications submitted • after November 30, 2005. Mr. Lawrence gave an example of the capital facilities impact of a single - family home at approximately $23,000; multi - family at approximately $15,000; and the townhouse falling within the middle. PUBLIC MEETING Subdivision Request #35 -05 of Richard and Donna Dick, submitted by Marsh & Legge Land Surveyours, P.L.C., for one single - family detached traditional lot at 1600 Millwood Pike. This property is further identified by P.I.N. 64 -A -83 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this request is for the subdivision of a 64.6114 -acre parcel into two lots, one consisting of 3.161 acres with an existing single - family dwelling, and a 61.450 -acre vacant parcel. Mr. Cheran explained that the original 64.6114 parent tract was rezoned from RA (Rural Areas) to R4 (Residential Planned Community) on October 12, 2005 through Rezoning Application #11-05. He said that the proposed 3.161 -acre lot, containing an existing dwelling, complies with the dimensional requirements of the single- family detached urban housing type; in particular, with the minimum lot size of 15,000 square feet. He added that access to this lot is via a 60 -foot ingress /egress easement onto Millwood Pike (Rt. 50). He further added that the balance of the parcel, the 61.450 acres, will be subject to the Master Development Plan review process. • Frederick County Planning Commission Page 1653 Minutes of December 21, 2005 — 3 — Mr. Scott Marsh, with Marsh & Legge Land Surveyors, was representing the property owners, is Richard G. and Donna C. Dick. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues of concern were raised by the Planning Commission. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #35 -05 of Richard G. Dick and Donna C. Dick, submitted by Marsh & Legge Land Surveyors, P.L.C. for the subdivision of one 3.161 -acre lot with an existing single - family dwelling from a 64.6114 -acre parent tract. The Planning Commission also grants the staff administrative approval authority for this subdivision approval. (Note: Commissioners Triplett and Morris were absent for this item.) PUBLIC HEARING Rezoning Application #12 -05 of the Villages at Artrip, submitted by Dewberry & Davis, LLC, to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for a proposed mixed -use development of 793 residential units and retail, and restaurant and office uses. The . property is located one mile west of Interstate 81, three quarters mile north of Tasker Road (Rt. 649),150 feet north of Fair Lawn Court (Rt. 1176), and west of Canter Estates, Section V. The property is also identified with P.I.N. 475 -A -99A in the Shawnee Magisterial District. Action — Tabled for 60 Days • Deputy Planning Director, Michael T. Ruddy, reported that this rezoning application was tabled from the Commission's October 5, 2005 meeting. Mr. Ruddy said the applicant has provided a revised executive summary, proffer statement, and master development plan (MDP) which reflects a considerable number of changes and therefore, an additional public hearing is being held for this rezoning application. Mr. Ruddy stated the most significant modification deals with the relocation of a dedicated school site; he said the previous dedicated 11 acres was proposed in the southwest portion of the property and the applicant has modified their plan to dedicate 15 acres of land in the northeast portion of the property. Mr. Ruddy commented that the proposed school site is in a desirable location, integral to the proposed community; however, it is adjacent to the Opequon Creek and contains areas of topographical constraints. He added that the Schools' Building and Grounds Committee, with the assistance of the Schools' architect, Oliver Webb Pappas & Rhuddy, Inc., have reviewed the proposed site and have sited a 750 -seat elementary school on the property. He noted, however, that constraints on the site, associated with the steep slopes, would compromise the outdoor equipment areas and the playfield areas. Mr. Ruddy said the Schools had requested that an additional two -to -three acres be made available. Mr. Ruddy continued, stating that the revised application includes a reduction in the number of residential units and overall density for the Villages at Artrip; he said a maximum of 793 units is proffered, which is 112 less than the previous amount of 905. He noted that the reduction in residential units is related to the Frederick County Planning Commission Page 1654 Minutes of December 21. 2005 -4- relocation of the proffered school site. In addition to the residential reduction, he said the applicant has increased the commercial component by 10,000 square feet, ultimately enabling this project to house 128,550 square feet of commercial development in the core area. Mr. Ruddy said the applicant has simplified the phasing down to two basic phases: Phase I shall not exceed 350 residential units and Phase II shall not exceed an additional 443 dwelling units for a total of 793 dwelling units. He added that the simplified development phasing program provides the basis for the transportation program which has been modified to ensure the timely completion of Warrior Drive as a four -lane section and to provide access to the proffered school site. Commission members asked about the long -term regional transportation plan to connect the Phase I construction to Route 522 and also, if the connection would parallel or cross the Opequon Creek. Mr. Ruddy replied that the Eastern Road Plan shows Parkins Mill Drive extending out to Route 522 and then to Warrior Drive; he said the Opequon Creek would have to be crossed at some point. Commission members asked how the modifications of the rezoning application affected the results of the proffer model. Mr. Ruddy provided the projected impacts; he noted that the applicant has proffered a reduced amount of capital facilities to schools, based on their belief that the dedicated school site compensates for that amount. Another question from Commission members focused on the road leading to the west, headed towards Crosspointe, and if it was known when that road would be connected. A comment was made about having only one way in and out and questions were raised about the Level of Service (LOS) on Tasker Road. Mr. Ruddy replied that the viability of ultimate conunercial development comes with the trip count associated with the complete connection of Warrior Drive. He said that once Warrior Drive is completed through the project, there will ultimately be three accesses for the project: Warrior Drive/Parkins Mill Extended will be the primary access, • the connection through Crosspointe provides the second access, and the alignment with Falabella Drive in Canter Estates will provide the third access. (Commissioners Morris and Triplett arrived at this point in the meeting.) Mr. Al Omdorff, Administrative Assistant to the Superintendent of Frederick County Public Schools, said the Buildings & Grounds Committee had concluded that the site met minimum standards for the school building structure; however, it did not meet minimum standards for providing outside play areas. Mr. Omdorff explained that three play areas are typically planned: a primary, an intermediate, and a fitness area; he said this site will accommodate only two of these areas. In addition, he said two asphalt areas are normally provided, along with a softball field and a soccer field; he said it was unlikely they would be able to get both a softball and soccer field on this site. Mr. Omdorff concluded by stating that a school is needed in this general location for School 413; however, it will be a challenging site because of the topography at the rear of the site. Commissioner Straub asked about the possibility of building a two -story structure and Mr. Orndorff replied about one acre would be saved by going with a two -story building on this site. Given the topography constraints of this site, Commissioner Ours asked Mr. Orndorff if the School System would rather have the land or the additional money that could be gained from the updated proffer model. Mr. Omdorff said the Buildings & Grounds Committee would like to have this designated site, but with two -to -three additional acres of useable land. Mr. John Foote, representing the Artrip Limited Partnership, came forward and introduced himself and Mr. Jeffrey Abramson, the managing member of Artrip Limited Partnership with the Tower • Companies. Mr. Foote and Mr. Abramson were available to take questions from the Commission. Frederick County Planning Commission Page 1655 Minutes of December 21.2005 -5- • Commissioner Ours commented that if development begins from the South, it seems that provisions are in place to take care of the transportation issues; however, if the development starts from Crosspointe, it doesn't appear that all of the language is in place to insure that Warrior Drive is fully connected down into Wakeland Manor. Mr. Foote responded that they have made the changes that were recommended by the staff to a revised set of proffers that would be presented to the Board; he said the latest comment from the staff was that the proffered changes were fine. Mr. Foote said that it is obviously the intent to make Warrior Drive work from North to South or South to North and he believed the staff would confirm that this has been accomplished with the modifications proposed. Commissioner Ours asked Mr. Foote if any thought had been given to better accommodations for the school site. Mr. Foote said that when they first applied for the rezoning, there was no school site at all. He said that in discussions with school representatives and with the County Administrator, John R. Riley, Jr., it was concluded that a school site was necessary in this area. Mr. Foote said that after working out land accommodations with the Sanitation Authority, the former proposed site was brought forward to the Commission; he said the Commission was concerned that the area was not an adequate solution to the school problem. Mr. Foote said they went back to the drawing board with Dewberry to create a 15 -acre site; he emphasized that they have taken some of the most valuable property on the entire site and offered it to the community free of charge for a school site; he said they were also prepared to extend utilities to this site at the developers' expense, as well. Using the overhead map display, Mr. Jim Brown, with Dewberry & Davis, Inc., pointed out the proposed school site and the areas that would accommodate the parking and two paved playgrounds. He said this could be accomplished with the same amount of grading they would have done for their previously- proposed residential units. Mr. Brown explained that there is useable athletic field space until you reach the tree line, where there is a deep ravine going back to the Opequon. Mr. Foote said that given the fact this proposed school site is a 15 -acre piece, and if additional acreage was dedicated, it would further cut into the potential development yield of this property. He emphasized that the originally - proposed dedication of property to the south will still be dedicated to the County as a part of this project. He cautioned, however, about the misconception that the number of units they've proposed could absorb essentially any costs. He commented that construction costs for Warrior Drive and Parkins Mill were going to be very high, especially because water needs to be crossed in two places. Commission members were concerned the school system may be getting something that is not optimal for their use. Commissioner Kriz asked how many useable acres were presently available for the school and Mr. Brown replied there were 12 acres of flat area and possibly, one - and -a -half recoverable acres which could be graded and used for a soccer field or softball field. Commissioner Thomas asked the applicant if it was possible from an architectural and engineering standpoint, to squeeze the housing units adjacent to the proposed school site to the east, thereby affording another acre or so of land to the schools along the north -south boundary and still keep the same density. Commissioner Kriz said that if the developer could provide that additional acreage by relocating some of the units and the school board would build a two -story school, then the school would have all of the land they need. Mr. Brown said they could look at the possibility of the suggestion, possibly changing the housing type in that location to allow more space. Mr. Omdorff replied that with the land restriction, the school board would have to consider the two -story structure. Frederick County Planning Commission Page 1656 Minutes of December 21, 2005 Chairman DeHaven called for public comments and the following persons came forward to • speak: Mr. David Worthington, a landowner in Frederick County, said he was asked by a few of the local residents to look at some of the environmental issues involved with this project. Mr. Worthington was concerned about the protection of hardwood forests and noted that the applicants' master plan did not show specifically which hardwood forests would be preserved. He said that not only would the protection of the hardwood tree area (on the east side) provide a buffer for the existing homes, but it would provide a wildlife corridor. Mr. Worthington stated that the proposed project affects two streams; he was concerned this project would not contribute to the impaired state of the Opequon Watershed and other associated issues. Mr. Worthington also wanted the applicant to use low- impact stormwater development measures. He said the pond and wetland areas within the project should be properly maintained in their natural state and maintained by an entity other than the homeowners association. In addition, Mr. Worthington expressed concern that this development, along with other approved, but not yet started developments, such as Carpers, Russell 150, and Freedom Manor, might possibly use up the excess capacity of County services, such as schools, water, fire and rescue, and police. He questioned whether this new project stretched service capacity and if it would adversely affect response times for emergency services and police. There being no one else wishing to speak, Chairman DeHaven closed the public comment portion of the meeting. Commissioner Thomas believed this project had the potential to become an extremely nice development. He said that although the school site may need some adjustment, there was the potential to possibly swap housing types to keep the same density and get another acre or so of land to make an optimal school site. He said that transportation was certainly a concern until either Warrior Drive is extended to Route 37 or out to • Route 522. He thought that if this plan was sent forward to the Board, the Planning Commission would not have the opportunity to modify the plan further because essentially, they would be approving the rezoning and the master development plan at the same time. Commissioner Thomas said that as much as he disliked delaying this further, he thought there were details that needed to be worked out. Commissioner Kriz agreed with Commissioner Thomas; he believed the school site situation and the transportation issues needed to be nailed down exactly. Commissioner Light believed it was the Planning Commission's responsibility to get the most optimal location for a school site as possible and he believed there were elements of this project that did not meet standards. Commissioner Light then moved for denial of the rezoning. This motion was seconded by Commissioner Unger, but failed by the following vote: YES (TO REC. DENIAL) Light, Unger, Watt, DeHaven NO: Wilmot, Manuel, Triplett, Kriz, Ours, Thomas, Morris, Gochenour, Straub A motion was next made by Commissioner Light and seconded by Commissioner Kriz to table the rezoning for 60 days. This motion and second passed by the following vote: YES (TABLE FOR 60 DAYS) Straub, Gochenour, Morris, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Watt, Unger, Light, DeHaven • Frederick County Planning Commission Page 1657 Minutes of December 21, 2005 -7- • Rezoning 416 -05 of Willow Run, submitted by Greenway Engineering, to rezone 347.77 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 12.20 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers. This property is located east of Route 37 and Merrimans Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. This property is further identified with P.I.N.s 53 -A -90, 53 -A -91, 53 -A -92, 53- A- 92A,53 -A- 92B, 53-A-94,53-3-A, and 53 -A -2A in the Shawnee Magisterial District. Action — Tabled for 30 Days Commissioner Unger said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Senior Planner, Susan K. Eddy, reported that the subject parcels are within the Urban Development Area (UDA), the Sewer and Water Service Area (SWSA), and they are located within the boundaries of the Western Jubal Early Land Use Plan (WJELUP). Ms. Eddy proceeded to describe how the applicant's proffered Generalized Development Plan (GDP) did not conform to either the current WJELUP, adopted by the Board of Supervisors on February 11, 2004, or with the Draft WJELUP, reviewed by the Board of Supervisors on November 9, 2005 and scheduled for a public hearing. Some of the areas of concern were with the GDP's proposed density, its relation to commercial development, the absence of a school site as requested by the Frederick County School System, and the lack of protection for the two historic homes located on the property. Ms. Eddy continued by reviewing the two Transportation Impact Analyses (TIA) submitted by the applicant, the first showing access to the site from Jubal Early Drive extended in the City and the second assuming the City of Winchester would not allow the applicant to connect with Jubal Early Drive within the City. Ms. Eddy next • proceeded to report the reviewing agencies comments. She said that VDOT included comments on improvements to Merrimans Lane and Breckinridge Lane and improvements to Merrimans Lane and Route 50, however, neither of these were addressed by the applicant; Public Works had comments concerning karst features; the City of Winchester had a number of comments regarding transportation, highlighting the detrimental level of service (LOS) at Merrimans Lane and Route 50, Merrimans Lane and Breckingridge Lane, and Jubal Early and Valley Avenue, which the applicant has not addressed. Ms. Eddy added that the HRAB had a number of suggestions seeking the preservation of the 750 House and the 740 House. Ms. Eddy continued her presentation with a review of the applicant's proffer statement. Ms. Eddy noted that the proffer statement within the Commission's packet is dated November 4, 2005; however, the applicant had distributed a new set of proffers to Commission members late last week and those were not included within the agenda packet. She commented that she did not know if the reviewing agencies had received the new proffers; she said that comments on the new proffers have not been received from the County's attorney. In conclusion, Ms. Eddy stated that the proposed development is not consistent with the Comprehensive Policy Plan; there is inadequate commercial floor space, transportation has not been fully addressed in terms of road alignment or LOS, there is no school site, the impacts to public facilities have not been fully mitigated by the proposed financial proffer, and further, the applicant has not addressed the historic houses on the property. Ms. Eddy next took questions from Commission members. Focusing on the transportation counts and the LOS, Commissioner Thomas questioned the staff's conclusion that the LOS would be less than C with the suggested transportation improvements. Ms. Eddy noted that the applicant has not committed to making all of the suggested improvements, particularly at Route 50 • Frederick County Planning Commission Page 1658 Minutes of December 21, 2005 and Merriman Lane, Valley Avenue and Jubal Early, or Breckinridge and Merrimans Lane, etc., as illustrated on Figure 15A of the TIA, thereby negatively affecting the LOS. • Commissioner Light asked if there were any proposed road improvements internal to the City of Winchester other than Jubal Early Drive and Ms. Eddy replied that other than the realignment of Meadowbranch, none were proposed. Commissioner Light also had questions regarding the proposed diamond interchange and whether enough space had been proffered for a alternate interchange configuration, if the diamond was not workable. He asked who would be responsible for road improvements after the 699'' unit, if the current developers left the project and, if there was the possibility of any land becoming available for a school site on the adjoining lands that may come in soon with a development proposal. Mr. Evan A. Wyatt with Greemvay Engineering came forward as the representative for the property owners of the Willow Run Community. Mr. Wyatt identified the property owners, Greystone Properties, LLC, Miller and Smith at Willow Run, LLC, and the White Family, consisting of the 740 LLC, 750 LLC, and Willow Grove LC partnerships. Mr. Wyatt explained the property owners' involvement in this project over the last two years with wetlands analysis, environmental studies, and meetings with adjoining property owners. Mr. Wyatt said that the initial traffic studies by their transportation engineer, PHR &A, included modeling of a new interchange at Rt. 37; however, at the time of these initial traffic studies, the MPO had not yet adopted their final plan. Mr. Wyatt said they considered whether the best solution was to continue with an east -west out to Jubal Early and Rt. 37 with a new interchange or, if it was best to use the existing Cedar Creek Interchange. He said that several TIA model runs were submitted to VDOT and ultimately, it was decided that the most appropriate alternative was to prepare a TIA that did not show a new interchange, based on the knowledge that no guarantee was forthcoming from the Commonwealth Transportation Board that a new interchange break in access would be approved, although the momentum towards that end has certainly changed over the last two years. He said VDOT recommended the TIA be modeled assuming the interchange was not there, because it would represent a worse -case transportation scenario for this project. • Mr. Wyatt next gave a power point presentation of the project, pointing out the residential and commercial areas. Mr. Wyatt explained the proffered residential unit matrix, which established minimum and maximum percentages for age - restricted and for single - family attached and detached dwellings, and assured their intent to provide a mixture of uses. He pointed out the 12.2 acres of walkable commercial land uses located along Jubal Early Drive. He described the recreational amenities and how the area would be served with water and sewer, noting the planned expansion of the Parkins Mill Plant in the summer of 2006. Mr. Wyatt continued with his presentation discussing the transportation improvements. He described how the lot phasing would come on line with the proffered road improvements and the timing of those improvements. He said that no lot within the project will be solely dependent on Jubal Early Drive for ingress and egress; he said that all the road systems tic together no later than the 400" permit. He added there was no need to do improvements at Breckinridge and Merrimans because the movement through Meadowbranch will be eliminated by the Smiths, and coupled with the City's commitment, Amherst and Breckinridge will also be taken care of Mr. Wyatt next took questions from the Commission. Commissioner Thomas presented a potential scenario involving the construction of 650 homes where the extension of Jubal Early has not yet kicked - in, there is no intersection to Rt. 37, and there is no connection of Jubal Early into the City of Winchester. He asked Mr. Wyatt what the outcome would be for the applicant's transportation plan. Mr. Wyatt replied that of the final two transportation studies submitted for VDOT comments, one had an addendum that showed no connection to the City and modeled traffic going to Cedar Creek Grade. He said the LOS at those intersections was fine, however, at complete build -out, the minor spine road connection at Cedar Creek Grade had a potential LOS "D" • Frederick County Planning Commission Page 1659 Minutes of December 21, 2005 at p.m. peak hour at build -out. Mr. Wyatt said they fully expected the City to allow them the ability to construct the road; however, if by chance the City does not allow it, they could perform a traffic count and a warrant analysis at the intersection. If signalization is required, he said the applicant would fully fund it; however, he did not expect that to be the case. Commissioner Thomas also inquired about the Cedar Creek Grade and Rt. 37 entrance and exit ramps. Mr. Wyatt replied that the signalization and the center turn lane will bring them up to an acceptable LOS. Commissioner Gochenour was concerned about the capacity of the Parkins Mill Plant to not only provide service for this project, but all of the other development occurring in the Stephens City area, along with the potential urban development areas that may be brought in as well. She also expressed concern about disturbing the wetlands in this project. Mr. Wyatt said that comments from the Service Authority and the Sanitation Authority were both positive and acknowledged that both the source and infrastructure were appropriate. Commissioner Straub spoke about the necessity of gelling the connection to Route 37 and she was concerned about the lack of a school site. Mr. Wyatt replied they were not providing land for a school on their site; however, money would be made available for the School Board to purchase another site. It was his opinion, after discussions with school officials, that an elementary school is what would be needed in this area. speak: Chairman DeHaven next called for public comments and the following persons came forward to Mr. Mike Smith, a resident at 143 Fox Meadow Lane, said he lived off of Merriman Lane in the • County and his brother lives on the other side of Merrimans Lane in the City. Mr. Smith said that both he and his brother were concerned about funneling the traffic from the proposed project onto Merrimans Lane. Mr. Smith said he had a meeting at his home with some of the residents and the applicants. Mr. Smith said he has also been working with the City of Winchester with his own rezoning project. He said the City firmly believes that the interchange must go in before they will give the connection; he believed this was the right thing to do. Mr. Smith stated that our community has too long ignored a good east -west corridor; he did not think it was proper to have vehicular traffic passing through their community because there was no eastern 37, to pick up the traffic from Route 50 and Route 522. He said he was willing to postpone development of his project until a decision on Route 37 was made. Mr. Smith recommended that the Commission table this rezoning until a study on the Route 37 interchange could be done. Mr. Smith said that he liked many of the transportation improvements the applicants are willing to make, but they were not the answer for this subdivision. He believed the transportation needs must be addressed. Mr. Smith next described the transportation improvements he thought were needed for this project in the event the Route 37 interchange did not come about. He said the exit ramps on both sides of the interchange at Merrimans needed to be widened to two lanes; he said Cedar Creek Grade will need to be four lanes with right -turn lanes both onto Route 37 and off of Route 37 to help ease congestion; and, in addition, those lanes will need to be extended on the west side. Mr. Steve Parrish, a resident of Roscommon subdivision, said that he was speaking for himself and several neighbors. Mr. Parrish said they liked the project and were not opposed except for the transportation issues. Mr. Parrish was concerned about safety issues for his young children who would soon be drivers. He spoke about the traffic congestion getting off Route 37 to access their development; he said Cedar Creek Grade was very congested at 5:00 p.m. and early in the momings. Mr. Parrish was adamant about having the additional • interchange. He was not in favor of the developers bringing the traffic through town and onto Cedar Creek Grade. Frederick County Planning Commission Page 1660 Minutes of December 21, 2005 -10- He said the interchange off of Jubal Early was needed so the traffic can get directly onto Route 37. He said that the area residents were very concerned about the traffic problems; he said that Merriman Lane will not handle the traffic that's heading out of the development, down to the hospital, to the new Walmart. He believed a decision on the Route 37 interchange was needed before the County proceeded with the Solenberger - Bridgeforth development. Dr. Woodward Bousquet, a resident of Winchester, and Chairman of the Environmental Studies Program at Shenandoah University, said that he was a member of the local watershed association, The Opequon Watershed (TOW), and he sat on the advisory committee for the Winchester Green Circle Project. Dr. Bousquet explained that he was not authorized to represent any of the aforementioned groups; however, he wanted to make his personal comments to the Commission regarding the sections of the proffer dealing with the environmental issues and the community recreation areas. Dr. Bousquet spoke in favor of the community recreation areas, especially the ten -foot multi -use trail for cyclists and pedestrians. He said the system of trails will help to promote healthier life styles and encourage alternate modes of transportation to access the community center, the commercial areas, and other areas of the development. He believed the applicant's proffer will provide a connection from the Abrams Creek Wetlands Preserve in the City to the proposed Willow Run Community and outlying areas of Frederick County; he said this will be one of the first steps in the County's process to provide an entire network of biking and pedestrian walkway trails. Referring to the environmental sections, Dr. Bousquet said that he was invited to visit this property, on the south side of Abrams Creek, by the developers. He said the wetlands located on this property, both in the Willow Run development and around White's Pond and the area retained by the White Family, are considered to be a critical endangered habitat and are significant on a state -wide basis. Dr. Bousquet spoke of three flowering plants that grow in those areas that cannot be seen anywhere else in the Commonwealth of Virginia; and, in addition, there were over a dozen plants that were on the Virginia Rare Plant list. He said that if the area is to be developed, the proffers have a number of elements that will help to protect the natural features of the area. He supported the designation of the wetlands in Willow Run as a Developmentally Sensitive Area (DSA) and noted that the provision of a 50 -foot Resource Protection Area (RPA) • around the wetlands was equally important. Dr. Bousquet warned that it does little good to protect the wetlands and subsequently, put asphalt or a structure right next to the wetlands; there must be a buffer zone. Dr. Bousquet was not in favor of planting trees and shrubs in the wetlands; he said the development team has assured him that the master development plan (MDP) will involve planting trees around the perimeter, but not in the main body of the wetlands. Dr. Bousquet continued, stating that he was concerned about maintenance of the wetlands after the development is built. He said the current wording of the proffer specifies the homeowners association (HOA) being assigned that responsibility. Dr. Bousquet had little confidence that such an arrangement would enure the ecological integrity of the wetlands and the buffer zone. He strongly recommended that the wetlands and the RPA not be placed in the hands of the homeowners association alone; instead, he recommended that the wetlands and the RPA be donated to Frederick County and placed in a conservation easement, held jointly with an agency, such as the Lord Fairfax Soil and Water Conservation District or the Virginia Department of Forestry. He said the RPA will not work unless it is properly monitored and maintained by some public agencies or appropriate private organizations. He also mentioned the wetlands on the property being retained by the White family and was concerned that it did not have proffers similar to that of the Willow Run development, especially the inclusion of setbacks and a buffer zone. Mr. Al Orndorff, Administrative Assistant to the Superintendent of Frederick County Public Schools, verified that the School Board passed a resolution addressing the need for a school site in the WJELUP and he asked the Commission keep this resolution in mind while considering the Willow Run rezoning, as well as future rezonings. Mr. Omdorff talked about the collocation of multi- campus facilities in this area; he said that Federal Regulations require that special services be collocated. He said that Frederick County has two such 11 Frederick County Planning Commission Page 1661 Minutes of December 21. 2005 11- facilities, the Robinson facility and the NREP facility which, at some point in the future, will have to have its students collocated with the rest of the school population on the same campus. He said that potentially, there will not only be the need for an elementary school, but the need to accommodate those students who exist in those two facilities today. Mr. Omdorff explained there are two benchmarks for school population enrollments: September 30 and March 30. He gave the following figures: Indian Hollow Elementary School grew by 61 students this past year; its capacity is 528 and the school opened at 586 and Orchardview Elementary School grew by 64 students this past vear; its capacity is 528 and the school opened at 541. Mr. Omdorff said that certainly in the future, the replacement of Gainesboro School will help, but they will still need an elementary school and possibly, a special services facility in that general area. Mr. David Worthington, a landowner in Frederick County and previous resident of Orchardview, agreed with the continents made by Dr. Bousquet regarding the wetlands. Mr. Worthington asked about the possibility of doing more to protect the wetlands on the Whites property and to have the wetlands designated in a conservation easement area. As a resident of Harvest Drive in the City, Mr. Worthington agreed with the previous residents who spoke regarding the traffic. He said that without the interchange at Route 37, the residents of the proposed development will go up through Merrimans Lane and Harvest Drive and this will have a detrimental affect on the City of Winchester. Mr. Worthington also believed this project should only be approved with the interchange at Route 37. Mr. Worthington was not convinced that the applicant's monetary proffer contribution to Fire and Rescue Services would come close to mitigating the impacts that would be created. Mr. Tim Youmans, Planning Director for the City of Winchester, said the City has had a very good dialogue with the applicant, through Mr. Evan Wyatt, as well as with the Frederick County Planning Staff, through Ms. Susan Eddy. Mr. Youman wanted to emphasize a couple of the concerns of the City of Winchester, primarily the transportation impacts at some of the existing City intersections. He identified the intersection at Amherst Street and Merrimans Lane which had recently been approved through site plan and subdivision approvals for a re- alignment specifically, the first phase of Meadowbranch Avenue will be constructed and Merrimans Lane will intersect into the new four -lane, divided roadway. He said the existing connection of Merriman's Lane directly to the signalized intersection at Amherst Street will be discontinued; he said the City Council vacated that stretch of roadway and vacation will occur in conjunction with the CVS project on Amherst Street, regardless of the timing of Mr. Smith's project. Mr. Youmans did not think the traffic impact analysis in front of the Commission anticipated this. He added that the intersection of Merrimans Lane and Meadowbranch Avenue is an unsignalized intersection; he said the intersection of Meadowbranch Avenue and Amherst Street, which is about 300 -400 feet away, will remain a signalized intersection. L� Mr. Youmans thanked the applicant for his efforts regarding the revised proffers for fire and rescue services. He noted that the Shawnee Fire Company in the City of Winchester will be the first responder to most, if not all, incidences occurring in this development through full build -out and the applicant has identified a $100 per year contribution to the Shawnee Fire Company. Mr. Youmans described some triggers that would cease that agreement, such as die consolidation of City and County services or the location of a fire and rescue station in the subject area, or the construction of the Route 37 interchange. He said that while the interchange may increase the opportunity for Round Hill to be the first responder, it doesn't guarantee that RoundHill would get there before the Shawnee Fire Company. Mr. Youmans believed the issue probably needed further review. He said the City would prefer that fire and rescue contributions be based upon the percentage of calls from the City and the County and adjusted accordingly. He also stressed that the City is very interested in the continuation of West Jubal Early Drive to and including the interchange at Route 37. There being no one else wishing to speak, Chairman DeHaven closed the public comment portion of the meeting. Frederick County Planning Commission Page 1662 Minutes of December 21, 2005 -12- Mr. Evan Wyatt returned to the podium to address some of the citizen comments that were made. Regarding the comments on fire and rescue contributions, Mr. Wyatt said that Round Hill is the closest County • company; however, the City's Shawnee Fire Company is closer yet and will most likely arrive at the location first. Mr. Wyatt said the $100 per unit designated within the proffer is in addition to the service fee just implemented by the City and Shawnee Fire Company would be compensated in that way. Regarding the comments from Dr. Bousquet, Mr. Wyatt said the RPA buffer is around the DSA, and includes the White's Pond and other elements on the White's property. Mr. Wyatt said they would be comfortable with a third party having the easement and maintenance responsibilities for the wetlands, instead of the HOA. Regarding the new Route 37 interchange, he pointed out that their proffers reflect their commitment to working with the County and the City of Winchester, and with Dr. Davis, Staunton District Representative on the Commonwealth Transportation Board, to provide the information needed to move forward. He said their traffic study indicates the proposed improvements will provide a sufficient LOS and their proposed regional transportation improvement package meets what is called for in the Comprehensive Policy Plan. Commissioner Morris inquired if there were any proffers that may not be applicable to the retained White's property and Mr. Wyatt replied no. Commissioner Kriz asked Mr. Wyatt to expound on his comments of the White property. Mr. Wyatt said that certain acreages are still owned by the Whites and will be zoned both RP and B2. He explained that at this point in time, the White family does not intend to develop their property on the same track as Oakcrest and Miller and Smith. He said the Whites would like the commercial as soon as the traffic volume is there to support it and the residential may be a longer term. He said the important point is that the proffer statement before the Commission is all encompassing for all of these properties; he thought that was important because there have been a series of developer agreements that have been executed between the Whites and the other property owners whereby the developers present will be financially responsible for the regional roads discussed. • In conclusion, he said if the last segment of Jubal Early Drive was not built, it would not fall on the Whites because of the developer agreement; however, once again, bonding seems to be the obvious solution to make sure that occurs. • Commissioner Wilmot inquired about the length of time needed for the completion of the interchange justification study because the interchange was very much tied to this rezoning. Commissioner Wilmot asked about the possibility of moving the study forward immediately, so that a defmiteyes or no could be received from VDOT. Mr. Wyatt said that VDOT is committed to expediting this and believed the study could be finalized within 12 months. Mr. Wyatt said that the applicants are taking care of many of the regional improvements through their proffers. He said they were trying to work in a cooperative fashion with the community and VDOT on the interchange, but in the end, they cannot guarantee the outcome of a decision by the Commonwealth Transportation Board. Commission members briefly discussed with the staff the outcomes of the old impact model run compared with the new impact model run, since this application was submitted prior to the incorporation of the new impact model. Commissioner Straub said that when this land was accepted into the Urban Development Area (UDA), it was anticipated that Jubal Early Drive would go all the way to Route 37 and that was the impetus for this entire development. She said that if the County could not be guaranteed that Jubal Early Drive will get to Route 37, then the rezoning should not be approved at this time. Frederick County Planning Commission Page 1663 Minutes of December 21. 2005 -13- Commissioner Ours said that as long as he has been on the Planning Commission, it was known that this area of the County would be developed residentially. In addition, it was known that Route 37 to the west would be the border, so he did not think it was a surprise that it was developing in this fashion. Commissioner Ours said that, initially, he thought this development could not occur without the Route 37 interchange; however, he didn't necessarily believe that now, to the credit of the developers. Commissioner Ours believed in this case, the developers have done everything they could to mitigate most of the transportation impacts. He said the impetus is being provided for the State to seriously consider this. He believed the applicants have gone a long way to seriously provide alternatives; he especially liked the fact that a connection to Merrimans Lane would not be developed until very late in this project. At this point, Commissioner Ours thought the proposal was good. Commissioner Morris pointed out that with or without VDOT's approval of the interchange, all the County will get from this development for the interchange is approximately an $850,000 contribution to the construction. Commissioner Moms said that if this application is placed on hold because an interchange is not approved or if it is approved waiting on the outcome, the interchange will still not be constructed until funding sources are found. He agreed with Commissioner Ours that the applicant is providing a substantial outlay for transportation mitigation. Commissioner Morris then moved to approve Rezoning Application 416-05 of the Willow Run Community. This motion was seconded by Commissioner Ours. Chairman DeHaven took further discussion from Commissioners. Commissioner Light said that the Commission wrote a Comprehensive Policy Plan that was endorsed by the Board of Supervisors for this particular tract of land which designated transportation efforts, a • school site, and public facilities. Commissioner Light said that three of the items specified in the Comprehensive Plan were missing from this rezoning. He believed the quality of the project was good, even though it possibly could have had more of a theme or central focal point, he also thought it might have incorporated more of a commercial component that could assist in driving the interchange. Commissioner Light thought it would be premature to allow this development to proceed without some kind of knowledge and justification of the Route 37 interchange and/or another alternative. He commented that the last couple rezonings presented to the Commission were large, with many complicated issues; he believed the point had been reached where some type of planned public work session, with citizens and agencies, was needed before the Commission votes. Commissioner Kriz agreed with Commissioner Light. He expressed concern that the applicants had submitted their application only two weeks prior to when the new impact model was put into effect and he also questioned whether the applicant's conunitment to schools was adequate. Commissioner Kriz was of the opinion that the interchange study could be pushed ahead. Commissioner Wilmot also agreed with the points made by Commissioner Light. She said the last small land use plan was specifically adopted for this area and it specifies that transportation improvements must be mitigated. She commented that if the action taken can not be enforced, then she had to question the purpose of the Commission's planning efforts. Commissioner Thomas believed this was an excellent proposal and had the potential to become a nice development, however, he thought the project was probably a year or two too early. He said he would have liked to have seen more information from the State on the Route 37 interchange and he would have liked to have seen more progress from the City on the Jubal Early Drive project. Commissioner Thomas thought there was the potential for the remainder of the open land, between this development and Cedar Creek Grade, to come together. • He said that since there is not a school site or a fire and rescue site proposed on this property, then the next Frederick County Planning Commission Page 1664 Minutes of December 21, 2005 -14- adjoining property that comes in for consideration, probably the Solenberger tract to the south, the Commission will have to ask them for a public facilities site. • (At this point in time, the fire alarm sounded. Everyone in attendance left the building and gathered outside the building on the back patio area to wind up the discussion on this application.) Conmiissioner Moms withdrew his motion to approve the rezoning and Commissioner Ours withdrew his second to the motion. A new motion was made by Commissioner Ours to table the rezoning for 30 days. This motion was seconded by Commissioner Triplett and unanimously passed. (Commissioner Unger abstained from voting.) OTHER Appointment to Comprehensive Plans & Programs Subcommittee (CPPS) Chairman DeHaven appointed Mr. David Franks as the Top of Virginia Builders Association's representative to the CPPS. Cancellation of the Planning Commission's January 4, 2006 Meeting • Upon motion made by Commmissioner Light and seconded by Commissioner Manuel, the Planning Commission unanimously agreed to cancel their meeting of January 4, 2006. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:30 p.m. Respectfully submitted, t S. DeHaven, Jr., Chairman C Eric R. bawfence; Secretary • Frederick County Planning Commission Page 1665 Minutes of December 21, 2005