PC_02-19-03_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 February 19, 2003.
PRESENT: Charles S. DeFlaven, Jr., Chairman/ Stonewall District; Roger L. Thomas,Vice
Chairman /Opequon District John H. Light, Stonewall District; Greg L. Unger, Back Creek District: Cordell
Watt, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E.
Triplett, Gainesboro District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District;
Gene E. Fisher,Citizen at Large; RobertA. Morris, Shawnee District; and George J. Kriz, Gainesboro District.
Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison. and Jay Cook,
Legal Counsel.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk.
. CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - JANUARY 15, 2003
Upon motion madebyCommissioner seconded by Commissioner Straub, the minutes
of January 15, 2003 were unanimously approved as presented.
COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB) - 03118103 Mtg.
Commissioner Gochenour reported that the HRAB received a presentation by Maral Kalbian
on the Frederick County Rural Landmarks Survey, which generated a great deal ofdiscussion. She said that
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as a result of this discussion, the HRAB inquired of the staff about the possibility of receiving applications for
HRAB review at least one month prior to their meeting. Commissioner Gochenour said that members of the
HRAB agreed that the provision of historical information regarding proposals should be the responsibility of
the applicant.
Sanitation Authority (SA) - 03118/03 Mtg.
Commissioner Fisher stated that the SA's engineer reported 6.22 inches of rainfall in February,
resulting in a four -inch rain deficit since July of 1998; the Cover well has been started as a part of the SA's
overall groundwater recharge study; the SA awarded a bid for the Parkins M i l l sludge de- watering project and
one for the MillerFleights sewer project.
Winchester City Planning Commission - 03118103 Mtg.
Commissioner Ours reported thatthe City Planning Commission recommended approval of
the preliminary subdivision of 12 single - family residential lots in the Cedarmeade area; they approved a site
plan for Phase 1 of the Assembly Sanctuary on Middle Road; and they recommended approval of a
rezomin acresfrom Medium - Density Residential (MR) Districtto Highway - Commercial (B2) District
in the Battle Park subdivision. Commissioner Ours commented the proffer statement submitted with this
particular rezoning was one of the most impressive proffer statements he had ever read. Winchester City
Liaison, Mr. Vincent DiBenedetto, agreed that the proffer statement was very thorough and noted that Evan
Wyatt with Greenway Engineering was the representative on that project.
PUBLIC HEARING
Rezoning #02 -03 of the Winchester Medical Center, submitted by G. W. Clifford & Associates, Inc. to
rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and
51.9676 acres from RA (Rural Areas) to MS (Medical Support). This property is located north and
adjacent to Route 50 and west and adjacent to Route 37, and is identified with Property Identification
Number 53 -A -68 in the Gainesboro Magisterial District. (This application was tabled at the
Commission's 02 /05/03 meeting.)
Action - Recommended Approval with Proffers
Deputy Planning Director, Christopher M. Mohn, stated that unresolved issues, regarding
corridor design and transportation, resulted in the Planning- Commission tabling this application for 30 days
with the applicant's consent. Deputy Director Mohn stated that since the February 5, 2003 Planning
Commission meeting, numerous discussions have taken place between applicantand staff to clarify the issues
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ofconcern. He noted that the applicant has submitted a revised proffer statement, as well as a revised proffered
General ized Deve lopment P lan (GDP), and has sought to resolve outstanding issues concern ing project des ign
in various approaches, which include enhanced buffering, establishmentofall architectural review coal inittee,
entrance sign restrictions, and detailed elevations and renderings of sight design features within the GDP.
Additionally, fie said the applicant has sought to address outstanding issues involving the project's
transportation impacts through proffer revisions that would trigger indefinite suspension ofdevelopment and
a new traffic impact analysis at a designated threshold of traffic generation. Deputy Director Mohn described
these revisions to the Commission in detail. In conclusion, he stated that the zoning districts requested through
this application are fundamentally consistent with the applicable land use policies of the Comprehensive Policy
Plan.
Commission members had questions regarding the Level of Service (LOS) issues.
Commissioner Thomas inquired about the status of Rt. 50 with the projected increase in traffic in 2006 and
2012, if the proposed development did not occur. Commissioner Thomas also inquired if the incremental
increase in traffic from the proposed development caused the LOS to deteriorate or ifthe deterioration below
a LOS "C" occurred with normal traffic growth at this location, in particular, because of the potential
additional residential development on five -acre lots west of town. Deputy Director Mohn replied that a
substantial discussion point between the staff, the applicant, and VDOT has been the acknowledgment that
conditions on the Rt. 50 corridor are becoming more difficult with just background traffic generation alone.
He pointed out that there was no other outlet for traffic, other than the Rt. 50 corridor, leaving some of the
intersectionsstrained. Deputy Director Moll it stated that in order to facilitate some coordinated comprehensive
planning in this area, the applicant has included the traffic generation for the W W W project (another adjacent
rezoning application that has not yet come before the Commission for review), as a way of ensuring that all
the potential impacts are considered when developing improvements. Regardingthe degeneration of service
from Level C to Level D, Commissioners were interested to know if it occurredjust at the peak hour or for
several hours, and at howmany intersections. Mr. Mohn replied that typically, degeneration occurred oil lyat
the peak hour at several of the intersections. During the discussion, it was pointed out that raising the LOS
from D to C. during Phase 2 was dependant on the off-site improvements that the applicant is neither able to
guarantee or obligated to complete.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc. and Mr. C. Douglas
Rosen with the Winchester Medical Center (WMC) wereavailable to answer questions from the Commission.
Mr. Maddox first addressed the LOS. issue raised by some of the Commissioners, Mr. Maddox explained that
if this project does not occur, by 2006, the background traffic, growing at 5% a year, will create a LOS "D"
atsome ramps. It was Mr. Maddox's opinion thatwith their proposed improvements, the LOS will not degrade
further with the trips generated by the WMC. He explained that the applicant will provide an annual traffic
count report to VDOT and Frederick County: Mr. Maddox stated that at such time this cumulative total
reaches 14,000 trips per day or 70% of the total average weekday trip volume projected at build out, new
developmentwil I be indefinitely paused through the withholding of site plan approvals, pending completion of
a new traffic impact analysis. He said the applicant proffered that development will not be resumed unless or
until it is determined that existing infrastructure is adequate to support additional traffic. Also, Mr. Maddox
stated that the WMC is committed to the western access, if the Commonwealth Transport ation Board (CTB)
recommends it.
Commissioner Morris raised the issue ofthe Round Hill Land Use Plan and the Comprehensive
Policy Plan's intent to provide sewer to the Round Hill area. Commissioner Morris inquired of Mr. Maddox
how the WMC's plan will help to accommodate that intent. Mr. Maddox replied that the proposed
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development cou Id provide the core in achieving that goal for the existing uses in Round Hi I L however, it could
not implement the Comprehensive Policy Plan, because the capacity was not available. Mr. Maddexadvised
that the W W W project, the WMC, and the existing Round Hill area could be serviced by their proposal and
the connections could be easily provided, if a public works project was initiated that would finance it.
Commissioner Gochenour inquired aboutthe impact of stop and go traffic on air quality and
the effects of this project on the quality and quantity of water in the area. Mr. Maddox explained that the
Sanitation Authority's recently constructed four-million-gallon water storage tank, located between the Diehl
Plant to the south and the Clearbrook facility tothe north, provided the ultimate capacity. Mr.Maddoxstated
that the wi I I be extending a 20 -inch main from the tank down to the Rt. 50 corridor, wh ich wil I serve the needs
of the two projects, along with Round Hill. Mr. Maddox also commented that the City and the County have
entered into an agreementto work within EPA guidelines over the next several years in order to allow this area
to meet targets created by EPA on air pollution standards. As far as Mr. Maddox was aware, the plan did not
call for any restriction on normal growth and development in Frederick County or Winchester.
Commissioner Triplett inquired about the possibility of a third lane west of Rt. 37 on the
eastbound lane of Route 50, which he believed would be beneficial. Mr. Maddox agreed and stated that they've
shown this in their model as being needed `long- term." Mr. Maddox stated, however, that money is not
available in their projects to finance that improvement and they have not proffered them.
V DOT's Resident Engineer, Mr. Jerry Copp, was invited forward to answer questions from
the Commission. Comm issioner Thomas inquired about the possibility of the Commonwealth Transportation
Board (CTB) approving the western access to the Rt. 37 Medical Center interchange. Mr. Copp replied that
the purpose of the limited access was to provide free - flowing traffic. lie advised that the County of Frederick
WOU Id have to derrionstrate the absolute need forthe break, from a growth and traffic-planning perspective and
is then, coupled with that, positive engineering on how to make the interchange work. Commissioner Thomas
cautioned that without the western access to the interchange, the overall transportation flow from this project,
being channeled to one access point on Rt. 37, would cause significant problems on Rt. 50. Commissioner
Thomas questioned whether the demonstration of the degradation ofthe LOS at that interchange from Rt. 50
onto Rt. 37 would be enough to satisfy the CTB. Mr. Copp replied that V DOT's review of 2006 traffic does
not indicate traffic backing upon Rt. 37; however, from 2006 and on, V DOT has questions that have not been
answered. In addition, Mr. Copp stated that the proposed access across Rt. 37 between campuses may help
the situation; he said that it was proposed for vehicles, as well as pedestrians.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Commissioner Thomas stated thatthe Development Review and Regulations Subcommittee
(DRRS) worked long and hard on developing the Medical Support Zone and he believed this was a good
opportunity to use that Zoning. Commissioner Thomas also believed this was a good project for Frederick
County and that the WMC was one of the County's valued businesses and services in the area. He was
concerned, however, that without the western access to the interchange, substantial degradation of the
transportation system would occur. In addition, regardless of the western access, he believed substantial
degradation of transportation would occur between now and 2010, unless VDOT conducts substantial
improvements in the Rt. 37 Interchange and Rt. 50 West area. Commissioner Thomas believed the benefits
outweighed the negatives. In conclusion, he said the Board of Supervisors will have to be the driving force to
Push that western access and the County will need VDOT's assistance.
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Chairman DeHaven stated that the W MC and the W W W project applicants deserve much
credit with the way in which they have cooperated and the work they have done to make this a comprehensive
study. However, Chairman Del -laver continued to have concerns about the transportation issues. He noted
that additional lanes on Rt. 50, a connection to Rt. 522, a western access to Rt. 37, and the 2012 calculations
have all been taken into account; however, discussion has not taken place on the fact that there's going to have
to be another fairly large portion of development occur before a connection can even be made to Rt. 37, even
ifitisapproved. He pointed out that there's a big port ion of that collector road that isn't included in either one
of the proposals; he said that some type of development is going to have to occur to generate the funds to build
the road. The other concern Chairman DeHaven had was the fact that the Commission was contemplating
approving a project that violates the Comprehensive Policy Plan and this issue would have to be resolved.
Beyond that, Chairman DeHaven supported the WMC's expansion.
Commissioner Light agreed with previous comments and also strongly believed that the County
needed to have the use ofthe WMC interchange active with the western access. He stressed the importance
of working through the Transportation Committee to the CTB to acquire the upgrade of WMC's access.
Commissioner Light also suggested that the total development and trip generation be brought back before the
Commission at the completion of Phase I for both projects for analysis at 2006 and after. He reasoned that
itwould be helpful to step back from the projectatthat pointto re- examinethe traffic situation and the status
of neeotiation with the CTB.
The Commission commended the Planning Staff and the project engineers for the quality of
work and the cooperation between all the parties involved.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas,
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of Rezoning 402 -03 ofthe Winchester Medical Center, submitted by G. W. Clifford &
Associates, Inc. to rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised
proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support).
The majority vote on this rezoning was as follows:
YES (TO APPROVE) Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry,
DeHaven
NO: Straub, Gochenour
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Frederick County Planning Commission
Minutes of February 19, 2003 Page 1025
• DISCUSSION ITEM
Discussion on Expansion of the Sewer and Water Service Area (SWSA) to include the entire area of the
70.9065 -acre W W W, L.C. site, which is located north and adjacent to Route 50 West, approximately
1,700 feet west of the Route 50/Route 37 interchange. The request would result in the addition of
approximately 50 acres to the SWSA. The request has been submitted by Charles E. Maddox, Jr., P.E.
of G.W. Clifford and Associates, Inc. on behalf of WW W, L.C.
No Action Required
Commissioner Light said that he would abstain from discussion on this item, due to possible
conflict of interest.
Senior Planner, Abbe S. Kennedy, reported that the staff has received a request from G. W.
Clifford & Associates, Inc. on behalf of W W W, L.C., owners of approximately 71 acres of land, for an
expansion to the Sewer and Water Service Area (SWSA). Planner Kennedy said that the applicants have
requested expansion of the SWSA to include approximately 50 acres of their entire 71 -acre tract, currently
zoned RA (Rural Areas); approximately 21 acres of the site are presently located within the SWSA. She also
reported that the applicant has also filed a rezoning application to rezone the entire site from RA District to
B2(BusinessGeneral)District. She explained that the applicant's intent is to coordinate the rezoning request
ofthe Winchester Medical Center (WMC) and W W W, L.C. in order to provide continuity in the extension of
water and sewer services to this area. Planner Kennedy said that the applicant is deferring consideration of the
• W W W, L.C. rezoning petition pending resolution of the SWSA expansion request.
Planner Kennedy continued, explaining that the easternmost 21 acres ofthe site are located
within the SWSA and the Phase I boundaries ofthe Round Hill Community Land Use Plan; the remaining 50
acres subject to th is request are located outside ofthe SWSA and within the Phase 2 boundaries ofthe Round
Hill Plan. She said that each of the phases is planned for business/ office land uses.
Planner Kennedy stated thatthe Comprehensive Plans and Programs Subcommittee (CPPS)
reviewed this request during their February 10, 2003 meeting and was generally in favor of the request;
however, additional information was deemed necessary prior to consideration by the Planning Commission.
Specifically, assurances were desired that this SWSA expansion would facilitate adequate infrastructure
capacity to enable future corridor growth and the ultimate extension of water and sewer to the Round Hill
Com aunn ity.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for
the W W W, L.C. project, stated that sewering this existing community would be relatively easy because the
drainage follows along Route 803. Mr. Maddox said that a collector line straight up Route 803 will drain flow
from existing houses down to a point where it could be pumped over into the collection system that's being
proposed by the two appl icants, Winchester Medical Center (WMC) and W W W, L.C. He said that obviously,
another lift station would be required somewhere to the westto pick up the remainder because ofthe ridge top
that needs to be crossed. He next explained how Phase of the sewer system to Round Hill would involve the
Iona term plan of the WMC.
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Commissioner Morris asked Mr. Maddox, what, in his estimation, would be left beyond the
expansion for W W W, L.C., to get the infrastructure extended to the Round Hill community. Mr. Maddox
replied that as rule of thumb, it could cost anywhere from $15- 20,000 in capital costs per house to service an
existing built -out community. Mr. Maddox believed that the infrastructure shown with the WMC and the
WWW, L.C. was all that would be necessary to implement the Round Hill Plan, once financial feasibility is
established.
Commissioner Thomas recognized a water pressure problem on the western part of the site
and inquired ifthere was something planned atthe site to assist in the attainment of satisfactory water pressure.
Mr. Maddox agreed that the higher areas of this site will be low pressure and they will have to boost the
pressure here, in addition to boosting the pressure in order to serve Round Hill. Mr. Maddox said that the
Sanitation Authority has commented that, as a part of this S W SA expansion request, they will want to see an
elevated water storage tank. Mr. Maddox stated that an elevated water storage tank will become apart ofthis
project.
Comm ission Gochenour inquired how much water was presently available in the existing four-
mill ion-gal lon - capacity tank and ifthe tank maintains agiven level atall times. Commissioner Gochenour also
inquired what water source was used for the tank.
Frederick County Sanitation Authority Engineer /Director, Wellington H. Jones, cameforward
toanswerCommissionerGochenour 'squestioat. He identified a water booster station on Rt. 522,just across
from Adelphia Cable, built in 1974, which boosts pressure to the tank. Mr. Jones stated that the Sanitation
Authority manually operates that booster station and fills it when the tank gets low. Mr. Jones next described
the Sanitation Authority's primary water sources include: the southern water plant (the Diehl Plant) at
Stephens City, with a source capacity of 1/2 mgd (3 mgd from the quarry and a 1/2 mgd from a well that wil I
go on line this year); and the northern water plant, source capacity of 3 314 mgd, making a total of over seven
million gallons of source water available. Mr. Jones said that Frederick County's demands are about four
million gallons per day. He noted that the Authority has limited the transmission from the northern plant to
about 1 1/2 mgd to the service area. Totaling the 3 mgd from the Diehl Plant and the 1 1/2 mgd from the north
plant, Mr. Jones explained that the 4 1/2 mgd allows the Authority to meetthe current demands of the service
area. Ile said that by the end of this year, the Authority will have a transmission main built from Clearbrook
into the service area and can then provide over 7 mgd of water to the Authority's customers. In addition, he
said that the Authority has ten million gallons of treatment available. Mr. Jones continued, stating that since
the quarries are reservoir, the Authority can, for a short-term basis, spin up and deliver almost ten mgd. He
explained that this does not include the two mgd that the Authority can get from the City through its 20 -year
contract which ends in the Year 2022; he said the contract allows them an increase to four mgd, if it's available
from the City. Mr. Jones added that by the end of this year, the Authority will have over I I mgd available total
sourceandwehavea demand ofa little over4million. Mr. Jones stated that considerable work has taken place
over the past few years to achieve this position.
Commissioner Straub said she understood there were problems with turbidity at the Clearbrook
plant. Mr. Jones said the problems involved the operators familiarizingthemselves with the new plant, which
has been accomplished. He explained that the water industry has a responsibility to pump water from its
plants that meets the requirements of the Safe Drinking Water Act; he said they have no desire to violate those
requirements. Therefore, he said that when starting up a new plant, the operators are a little skittish and if
things don't look Tike they are going well, they will shutthe plant down and regroup; he said this occurred for
about two months, however, the plant is running just fine right now.
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Commissioner Morris asked if Mr. Jones was satisfied that this particular request did
• everything reasonably possible to accommodate the Round Hill community with sewer service as designated
intheComprehensive Policy Plan? Mr. Jones replied that the requests before the Commission will definitely
bring the sewer and water lines in the vicinity of the Round Hill community. He said that afterward, it's a
matter of the feasibility of extending the lines within the community. He said that for the most part, water is
easy to extend, but extending sewer is a bit more difficult. For example, Mr. Jones said the Authorityjust
approved building sewer lines to serve the Miller Heights subdivision - -a small subdivision of29lots on Rt. 50
across from Carpets Valley. He said the cost to extend sewer into that subdivision, even though it is tightly
compacted, was about $13,000 per lot; he said it is expensive to serve existing homes. Mr. Jones said the
capacity is there to serve Round Hill; the key is trying to finance the project
Commission members voiced support for the SWSA expansion request. Coin missioners
believed it was inappropriate to split a parcel in half with the SWSA line. They recalled that historically, the
Commission's approach has always been to include the entire parcel, if portion of the parcel was currently
included in the SWSA. Commissioners saw no reason notto include this parcel entirely within the SWSA; the
parcel was not split geographically by a break in drainage, the entire parcel was within the same drainage basin,
and, therefore, it fit well into the sanitary service area. Conan issioners were also pleased that this step brought
the Round Hill community a closer to getting services according to the land use plan.
Also, the consensus of the Commission was that an effort needed to take place to align the
County's Comprehensive Policy Plan to reflect the decisions currently being made by the Commission. No
formal action was taken by the Commission.
•
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 7:30 p.m. by a
unanimous vote.
fly submitted,
Eric ft!Lawrene e, Secretary
r _o , M 4
Charles S. DeHaven, Jr., Chairman
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Minutes of February 19, 2003 Page 1028
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