PC_03-19-03_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 March 19, 2003.
PRESENT: Charles S. DeHaven, Jr., Chairman/ Stonewall District; Roger L. Thomas,Vice
Chairman / Opequon District; John H. Light, Stonewall District; Greg L. Unger, BackCreek 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; Robert A. 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 made by Commissioner Kriz and seconded by Commissioner Straub, the minutes
of January 15, 2003 were unanimously approved as presented.
COMMITTEE REPORTS
Historic Resources Advise ry Board (HRAB) - 03/18/03 Mtg.
Coin missionerGochenour reported that the HRAB received a presentation by Mara] Kalbian
on the Frederick County Rural Landmarks Survey, which generated areal deal of discussion. She said that
as a result ofth is discussion, a very positive proposal was brought forth by the members present and, there was
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a consensus for staff to seek the proper avenue to help this proposal come to fruition. Commissioner
Gochenour reported that it was proposed that the HRAB would have a longer time frame on an application.
She said the Board would like the application at least one month prior to the meeting where it would be
discussed. Also, the members felt that it should be the applicant's responsibility to provide the historical
information regarding the property up for review.
Sanitation Authority (SA) - 03/18/03 Mtg.
Comm issioner 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 Mill sludge de- watering project and
one for the Miller Heights sewer project.
Winchester City Planning Commission - 03/18/03 Mtg.
Commissioner Ours reported thatthc 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 First Assembly Sanctuary on Middle Road; and they recommended approval of a
rezoningof4.3 acres from Medium- Density Residential (MR) Distrietto Highway- Commercial (132) 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 tablingthis application for 30 days
with the applicant's consent. Deputy Director Mohn stated that since the February 5, 2003 Planning
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Commission meeting, numerous discussions have taken place between applicant and staffto clarify the issues
• ofconcern. He noted that the app] icant has submitted a revised proffer statement, as well as a revised proffered
Generalized Development Plan ( GDP), and has sought to resolve outstanding issues concerning project design
in various approaches, which include enhanced buffering, establishment ofan architectural review committee,
entrance sign restrictions, and detailed elevations and renderings of sight design features within the GDP.
Additionally, he said the applicant has sought to address outstanding issues involving the project's
transportation impacts through proffer revisions that would trigger indefinite suspension ofdevelopmentand
anew 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 fundamentallyconsistentwith the applicable land use policies ofthe 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 if the 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 withjust 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
intersections strained. Deputy Director Mohn stated that in order to facilitate coordinated transportation
planninginthisarea, theapplicanthasincludedthetrafficgenerationforthe WWW project (another adjacent
rezoning application that has not yet come before the Commission for review), as a way of ensuring that all
potentialiin pacts are considered when developing improvements. Regard ing the degeneration of service from
Level C to Level D, Commissioners were interested to know if it occurred just at the peak hour or for several
hours, and athow many intersections. Mr. Mohn replied that typically, degeneration occurred only atthe peak
hour at several ofthe intersections. During the discussion, it was pointed out that raising the LOS from D to
C during Phase was dependant on the off -site improvements thatthe 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), were available 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
development will 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 thatthe WMC is committed tothe western access, ifthe Commonwealth Transportation Board (CTB)
recommends it.
Commissioner Morris raised the issue of the Round Hill Land Use Plan and the Comprehensive
Policy Plan's intent to provide sewerto the Round Hill area. Commissioner Morris inquired of Mr. Maddox
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how the WMC's plan will help to accommodate that intent. Mr. Maddox replied that the proposed
development could provide the core in achieving that goal forthe existing uses in Round Hill-, however, it could
not implement the Coin prehensive Policy Plan, because the capacity was not available. Mr. Maddox advised
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 GochenOnr inquired about the 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 tothe south and the Clearbrook facility to tile north, provided the ultimate capacity. Mr.Maddoxstated
thatthey w i l l be extending a 20 -inch main from the tank down to the Rt. 50 corridor, which will servethe 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 al low th is 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. Commissioner 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. He advised thatthe County of Frederick
would have to demonstrate the absolute need for the break, from a growth and traffic -plann ing perspective and
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 ofthe 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 up on Rt. 37; however, from 2006 and on, VDOT has questions that have not been
answered. In addition, Mr. Copp staled 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 WMC 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 DeHaven 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 al I been taken into account; however, discussion has not taken place on the fact that there's going to have
to be anotherfairly large portion of development occuring before a connection can even be made to Rt. 37, even
if it is approved. He pointed Out thatthere's a big portion ofthat collector road that isn't included in either one
ofthe proposals. he said that some type of development is going to have to occurto 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 Lightagreed with previous comments and also strongly believed that the County
needed to have the use of the 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 1 for both projects for analysis at 2006 and after. He reasoned that
it would be helpful to step back from the project at that point to re- examine the traffic situation and the status
of negotiation 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 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).
The majority vote on this rezoning was as follows:
VES (TO APPROVE) Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry,
DeHaven
NO: Straub, Gochenour
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Minutes of March 19, 2003 Page 11739
DISCUSSION ITEM
Discussion on Expansion of the Sewer and Water Service Area (SWSA) to include the entire area of the
70.9065 -acre W WW, 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 W W W, L.C.
No Action Required
Commissioner Lightsaid that he would abstain from discussion on this item, due to a 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 ofthe 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
132 (Business General) District. S lie explained that the app IicanCsintentistocoordinate the rezoningrequest
ofthe Winchester Medical Center (WMC) and W W W, L.C. in order to provide continuity in the extension of
water and sewer services tothisarea. Planner Kennedy said that the applicant is deferring consideration ofthe
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 of the Round Hill Community Land Use Plan; the remaining 50
acres subjectto this request are located outside ofthe SWSA and within the Phase 2 boundaries of the Round
Hill Plan. She said that each of the phases is planned for business/ office land uses.
Planner Kennedy stated that the 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
Community.
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 80 )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 applicants, Winchester Medical Center (WMC) and W W W, L.C. He said that obviously,
another lift station would be required somewhere to the west to pickup the remainder because ofthe ridge top
that needs to be crossed. He nextexplained how Phase 2 ofthe sewer system to Round Hill would involve the
long -term plan ofthe 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
W W W, 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 if there was something planned at the 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 a part ofthis
project.
Commissioner Gochenour inquired as to how much water was presently available in the
existing four- million - gallon- capacity tank and ifthe tank maintains a given level at all times. Commissioner
Gochenour also inquired what water source was used for the tank.
Frederick County Sanitation Authority Engineer /Director, Wellington H. Jones, came forward
to answer Commissioner Gochenour's question. 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 thatthe Sanitation
Authority manually operates that booster station and fills it when the tankgets low. Mr. Jones next described
the Sanitation Authority's primary water sources which included: the southern water plant (the Diehl Plant)
at Stephens City, with a source capacity of 3 1/2 mgd (3 mgd from the quarry and a 1/2 mgd from a well that
will go on line this year); and the northern water plant, source capacity of 3 3/4 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 thatthe 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 thatthe 4 1/2 mgd allows the Authority to meetthe current demands of the
service area. He 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 thatthe Authority hasten million gallons oftreatment 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 thatthe 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 source to supply a demand of slightly over 4 million. 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 theClearbrook
plant. Mr. Jones said the problems involved the operators familiarizing themselves 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 ofthe 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 I ike they are going well, they will shut the 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
in the Comprehensive Policy Plan. Mr. Jones replied thatthe 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 oftlic feasibility of extendingthe 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 I Ines to serve the Miller Heights subdivision - -a small subdivision of29 lots on Rt. 50
across from Carpers 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. Commissioners
believed it was inappropriate to split a parcel in half with the S WSA line. They recalled that historically, the
Commission's approach has always been to include the entire parcel, if a portion of the parcel was currently
included inthe SWSA. Commissioners saw no reason not to 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. Commissioners were also pleased thatthis step brought
the Round Hill community 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 tile decisions currently being made by the Commission. No
formal action was taken by the Commission.
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INFORMATIONAL ITEMS
Planning Director Eric R. Lawrence announced that Lord Fairfax Community College will
be conducting afour -part regional session entitled, "Shaping the Future," over the next two months. He said
the meeting dates are April 16, April 30, May 14, May 28 and if any commissioners were interested in
attending, to please let him know.
Director Lawrence also announced that the Planning Department will be hosting two public
meetings atthe Stonewall Elementary School on Tuesday, April Land Monday, April 7, at7:00 pm. He said
this will be an opportunity for the staff to present to the Community the four land use alternatives for the
Northeast Land Use Plan.
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0 ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:05 p.m. by a
unanimous vote.
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