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PC_11-19-03_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 November 19, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas. Vice Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto; Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: William C. Rosenberry, Shawnee District; STAFF PRESENT: Eric' R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Mark R. Cheran, Planner I; and, Renee' S. Arlotta, Clerk. 0 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - OCTOBER 15, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of October 15, 2003 were unanimously approved as presented. • Frederick County Planning Commission Minutes of November 19, 2003 Page 1192 -2- is COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 11/10/03 Mtg. Commissioner Light reported that the CPPS is reviewing the projects on the draft 2004 -2005 Capital Improvements Plan (CIP). Historic Resources Advisorty Board (HRAB) Commissioner Gochenour reported on the 18' Annual Conference of the Preservation Alliance of Virginia which she attended as a representative of the Planning Commission cn November 16 through 18. Commissioner Gochenour reported that one of the many highlights of the conference was the session on how communities can prepare for participation in Virginia's 2007 Anniversary events. She said that she obtained a video tape on community preparation for the event, which she passed along to the new Director of Tourism, Ms. Melanie Stepp - Coughlin, in preparation for Ms. Stepp - Coughlin's meeting tomorrow in Annandale on this very subject. Commissioner Gochenour highlighted five of the preparation steps mentioned in the video for the Planning Commission. • Economic Development Commission (EDC) Commissioner Thomas reported that the EDC has been discussing their work program for the upcoming year and ways to promote the Winchester - Frederick County area. PUBLIC HEARING 2003 COMPREHENSIVE POLICY PLAN UPDATE. Includes amendments to the Frederick County Comprehensive Policy Plan which have occurred from September 27, 2000 through October 1, 2003. Action - Recommended Approval Senior Planner Abbe S. Kennedy reported that the Board of Supervisors adopted several policy amendments from October 1, 2000 through October 1, 2003. Planner Kennedy said that although these amendments were individually approved as County policy, they have yet to be incorporated as components of the Comprehensive Policy Plan via a formal update. She said the last official update of the plan document occurred on September 27, 2000. Planner Kennedy added that the Comprehensive Plans and Programs Subcommittee unanimously endorsed the plan update at their meeting on October 13, 2003. Planner Kennedy • Frederick County Planning Commission Page 1193 Minutes of November 19, 2003 3- proceeded to review the nine approved policy amendments with the Commission. Under the Northeast Frederick Land Use Plan policy amendment, adopted by the Board on August 13, 2003, a commission member inquired if the work between the Board of Supervisors and the Sanitation Authority to determine appropriate methods for establishing public water and sewer infrastructure with adequate capacities had been accomplished or if it was ongoing. The staff replied that the wording of the policy supports the continuation of an ongoing process between the Board and the Sanitation Authority to insure adequate facilities. There were no public comments. No other issues of concern were raised and the Commission supported the Comprehensive Policy Plan Update as presented. Upon motion made by Commissioner Light and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the 2003 Update to the Frederick County Comprehensive Policy Plan with amendments approved by the Board of Supervisors from September 27, 2000 through October 1, 2003. Rezoning #11 -03 of For My Kids, LLC - Shenandoah Honda, submitted by Anderson & Associates on • behalf of John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on Berryville Pike (Rt. 7), approximately 185' southeast of the intersection of Greenwood Road (Rt. 656) and BerryvillePike (Rt. 7), and is identified with P.LN.s 55 -A- 80 and 55 -A -81 in the Red Bud Magisterial District. Action - Recommended Approval with Proffers Planner Abbe S. Kennedy stated that the applicant's intended use ofthe property is to relocate the existing Shenandoah Honda operation to a new facility. Planner Kennedy stated that the subject property is located within the Urban Development Area and lies within the study area of the Rt. 7 East Land Use Plan. She noted that although the applicant has proffered to prohibit a number of B2 uses on the site, approval of this rezoning would permit the establishment of several uses under SIC 55, such as gasoline service stations, new and used automotive dealers, and auto and home supply stores. She noted that the impacts of other permitted uses in this SIC 55 could exceed the impacts that were identified by the traffic analysis included with the application. In addition, she said the applicant has proffered to do a new traffic impact analysis, should the property be utilized for a use other than that within SIC 55 or if the main structure should exceed 25,000 square feet. Mr. Benjamin Butler, the attorney representing Mr. John Ross, the applicant, first described the uses in the area immediately surrounding the proposed location for his client's business. Mr. Butler said his client's use of the property will be a visual improvement in this area. He said that his client will be investing $1.5 -2 million in the structure. He explained that his client's intended use is for a Honda Power House store and he is committed to that use; however, because of the possibility for unforeseen circumstances, • Frederick County Planning Commission Minutes of November 19, 2003 Page 1194 he does not want to completely eliminate other uses. Mr. Butler explained that Mr. Ross sells marine products, he takes cars in trade, and he holds a DMV license. Mr. Butler said that his client is willing, however, to amend his proffer to state that a convenience store with food and gasoline would not be permitted on the property. Mr. Butler continued, stating that public water and sewer is available to the site, the storm water drainage plan will be handled by Mr. Tim Stowe, P.E. of Anderson & Associates, Inc., and they have been working with VDOT on the entrance and transportation issues. He noted that the existing trees will remain to serve as a buffer. Commissioner Gochenour expressed concern for the protection of the historical Berryville Canyon viewshed. She asked if the applicant had considered protection of the viewshed for traffic traveling west from Berryville into the City. Commissioner Gochenour was also concerned about the impacts of construction on Ash Hollow Creek. Commissioner Ours had concerns about maintaining the visual integrity of the corridor entering the City through design standards. Commissioner Ours asked Mr. Butler if his client would be amenable to design standards to help compliment the corridor approach into the City. Mr. John Ross, the applicant, came forward and explained that his business has grown to be one of the largest Honda dealerships in the country and his business is nationally recognized. Mr. Ross said that Honda has specific standards and franchise agreements that he must adhere to. He assured the Commission that the design materials will be appealing. Mr. Ross said that along with the motorcycles, he has an ATV business and he sells ATV trailers. Mr. Ross said that although he has a license as an automotive dealer, he does not intend to deal in automobiles or have automobiles on the property. • Commissioner Triplett inquired about the number of employees. Mr. Ross replied that he has 25 employees and during peak season, he will have between 30 to 35. Commissioner Morris asked Mr. Ross if he had contacted the surrounding neighbors about his intended use. Mr. Ross said he hasn't contacted anyone on the other side of the road, but has been in contact with the immediate neighbors and the church. Commissioner Straub inquired about outdoor display of vehicles. Mr. Ross said the motorcycles and ATVs will be displayed outdoors during business hours, however, they will be stored inside at night for security. One of the improvements he was looking for with this new property was to get better exposure. Mr. Ross explained that the primary purpose in moving is that he has outgrown his existing facility and, in addition, he leases his current building; he believed it was time for him to own his building. Mr. Ross -said that he has specific needs for his building and merchandise needs to be enclosed inside the building for protection. He explained that he has a very high theft rate. Mr. Ross said he needs to have more inside storage and he needs to have enough inside storage to store expensive motorcycles properly. Chairman DeHaven called for public comments and the following person came forward to speak Mr. Ernest Smith, Chairman ofthe trustees with the Winchester Grace Brethren Church, said that members of their Board have discussed Mr. Ross' proposal and do not see any problems with For My Kids, LLC/ Shenandoah Honda beingtheir neighbor. Mr. Smith believed it would help to improve the visual appeal of their property and give their church better exposure from Route 7. is Frederick County Planning Commission Page 1195 Minutes of November 19, 2003 -5- VDOT's representative, Mr. Lloyd Ingram, next came forward to answer questions from the • Commission. Commissioner Ours asked Mr. Ingram if the applicant would be required to construct a right - turn lane into the commercial entrance. Mr. Ingram replied that the entrance will need to be adjusted and the bridge widened to meet standards. Mr. Ingram said that he has been working with the applicant's engineer, Mr. Tim Stowe, on the entrance, which is about the best location available; he noted that the site distance is good and the entry is adequate. Commissioner Gochenour inquired about the road guard. Mr. Ingram stated that the applicant will need to adjust the guard rail, at their expense, when the turn lane and taper for the entrance is constructed. He added that the applicant is willing to dedicate the right -of -way required. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning # 11 -03 ofFor My Kids, LLC - Shenandoah Honda, submitted by Anderson & Associates on behalf of John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business General) District with the applicant's offer to amend the proffer statement to eliminate convenience stores with food and gasoline services. The vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour ® (Please Note: Commissioner Rosenberry was absent from the meeting.) Rezoning #14 -03 of Hampton Inn, submitted by Greenway Engineering to rezone a parcel consisting of .20 acres from RP (Residential Performance) District to B3 (Business General) District. This property is located on the east side of Ross Street (Rt. 712) approximately 500' north of Berryville Avenue and is identified with P.I.N. 54G -1 -13A in the Stonewall Magisterial District. A small portion of the parcel is within the City of Winchester boundary. Action - Recommended Approval with Proffers Planner Jeremy F. Camp stated that the application being considered is a request for rezoning to accommodate an expansion of the customer parking lot for the existing Hampton Inn hotel. Planner Camp said the applicant has proffered to restrict all uses other than parking on the parcel, the elimination of the existing house, and the entrance off Ross street. He said that no significant issues have been identified by the Planning Staff or any other reviewing agency. Planner Camp added that the property is located within the Urban Development Area (UDA) and the request conforms with the Comprehensive Policy Plan. Commissioner Ours inquired if the parking lot standards were met when the hotel was initially constructed. Planner Camp replied that Hampton Inn has an approved site plan. Planner Camp said the • Frederick County Planning Commission Page 1196 Minutes of November 19, 2003 additional parking is not required, but it being requested by the applicant for their customers. 41 Mr. Evan A. Wyatt of Greenway Engineering, the engineering firm representing the Hampton Inn, stated that the proffer guarantees that the house will be removed and the only use will be the parking lot. Mr. Wyatt also noted that the parking lot will be developed in conformance with the City of Winchester's standards which are slightly more restrictive than the County's parking lot standards. Chairman DeHaven called for public comments, but no one came forward to speak No issues of concern were raised by the Commissioners. Upon motion made by Commissioner Light and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 914 -03 of Hampton Inn, submitted by Greenway Engineering to rezone a parcel consisting of .20 acres from RP (Residential Performance) District to B3 (Business General) District, to accommodate customer parking expansion, with proffers as submitted by the applicant. Rezoning #13 -03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as • follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75 -A -89, 75- A -89A, 75-A-90,75-A-91,75-A-92, 75-A-94,75-A-95 and 75 -A -96 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Deputy Planning Director, Christopher M. Mohn, stated that this rezoning request is intended to facilitate development of a mixed use community consisting of 1,578 dwelling units and 960,000 square feet of commercial uses. He noted that the site is located wholly within the Urban Development Area (UDA) and it is located within the boundaries of the South Frederick Land Use Plan (SFLUP). Deputy Director Mohn stated that evaluation of the prof ect by staffhas determined its conformance with the policies established in the Comprehensive Policy Plan and the SFLUP. Deputy Director Mohn proceeded to review the proffers offered by the applicant with the Commission He described the three phases of development intended to ensure that commercial and residential land uses develop simultaneously throughout the development cycle of Crosspointe Center. Deputy Director Mohn pointed out that the SFLUP identifies three transportation improvements within the subject property's site: 1) the eastern extension ofRt. 37; 2) the realignment and extension ofTasker Road; and 3) the extension of Warrior Drive. He noted that the applicant has proffered to accommodate these improvements, specifically by proposing a multi -modal transportation system oriented on the following principal road improvements: 1) the construction of Warrior Drive from the southeast project boundary to the northern project limits; 2) the realignment and extension of Tasker Road which will intersect on site with • Frederick County Planning Commission Minutes of November 19, 2003 Page 1197 -7- Warrior Drive; and 3) the construction of Crosspointe Boulevard which will bisect the project from west to • east, extending from the southern terminus of Rt. 37 to the eastern project boundary. Deputy Director Mohn next proceeded to describe the various phases of the transportation improvements to be provided by the applicant. Mr. John H. Foote, Attorney at Law, with Walsh Colucci LubeleyEmrich & Terpak, PC, was present to represent Mr. Fred Glaize of Glaize Developments, Inc., the property owner. Mr. Foote also introduced other members of the project team: Mr. James (Jim) Petry; Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers; Mr. John Callow with Patton Harris Rust & Associates, PC, the transportation engineers; and Alice Haase, Attorney at Law, with Walsh Colucci Lubeley Emrich & Terpak, PC. Mr. Foote began his presentation by stating that he believed this was the largest mixed -use commercial rezoning ever presented to Frederick County. Mr. Foote said that one of the ways to address the fiscal impacts of a project of this size is with substantial commercial development, and he believed this rezoning offers the opportunity to produce a large commercial center in an area designated by Frederick County for such use. He explained that the proposed development was specifically crafted to conform with the SFLUP; their Generalized Development Plan (GDP) adheres to the UDA boundary line; and the project is within the Sewer and Water Service Area (SWSA). Mr. Foote next discussed the transportation aspects of the project. He guaranteed that the road network will truly precede development; he said it is a proffered commitment that each phase of land use development is conditioned upon the construction of major road improvements. Mr. Foote pointed out that the roads will be constructed by the developer at the developer's expense. In addition, he said the overall road network will function at a Level of Service C. He explained that additional right -of -way has been proffered so as not to preclude the County's decision to extend Rt. 37 as a limited access arterial road. Furthermore, he • noted that Crosspointe Boulevard will be constructed to accommodate the traffic generated by this development, in addition to regional traffic using this road network to reach other destinations. Mr. Foote assured the Commission ofthe applicant's commitment to protect and preserve the developmentally sensitive areas of the site, which includes historic features and wetlands, and he elaborated further on those areas. He added that Crosspointe Center will be a profoundly fiscally- positive project for the county; he further added that the project is consistent with the County's policies and plans and it accomplishes the goals of those plans. Commissioner Thomas had two questions, one on economic viability and the other on the trip generation model. Commissioner Thomas said that 1,500 households represents considerable employable individuals; he inquired ifthe amount of j obs generated by the proposed commercial area had been calculated. Mr. Foote replied that an analysis onjob production had been accomplished; a member of his team recalled that the report projected over 2,000 jobs created during the development of the project itself and greater than 1,500 permanent jobs will be created, based on square footage modeling. Regarding his question on the trip generation model, Commissioner Thomas stated that the final destination oftrips and the impacts on I -81, Rt. 11, and the surrounding road systems could be deceptive due to the complexities of the project being a mixed use development. He said that many of the trips generated in the development will also end in this development. He asked if the applicant's analysis included the number of trips generated that would actually leave the site. Mr. John Callow, the transportation engineer, spoke about the calculations he used for similar projects, such as the Winchester Medical Center and the Stephenson Village site and percentages for pass -by capture. Mr. Callow stated that using conservative trip generation calculations, they assumed a 15% internal trip capture rate; he said that at build -out, 15% of the residents would work or shop inside the project and 85% of the trips will leave the site for external destinations. Ll Frederick County Planning Commission Minutes of November 19, 2003 Page 1198 t� • In addition, Commissioner Thomas asked what type of design improvements would need to be made as Crosspointe Boulevard converts into the Rt. 37 extension. Mr. Charles W. Maddox, Jr., the design engineer, stated theywill construct a two -lane urban roadway, supplemented with two additional lanes; he said three intersections will be stop -light controlled, with multiple turn lanes and through lanes. Mr. Maddox said that considerable coordination will need to take place with VDOT and two public - private partnerships are expected to go before the state. Mr. Maddox anticipated cloverleafs, through access on I -81, and most likely, CD lanes on I -81. He said that adequate land area will be set aside to make the geometrics work. Commissioner Fisher raised a question concerning the number of lanes proposed for the construction of the intersection of Tasker Road and Crosspointe Boulevard. Mr. Maddox replied that this intersection would be built to ultimate design standards in Phase I. Mr. Maddox and Mr. Foote explained the traffic movements on a diagram. Mr. Maddox said that when Warrior Drive is complete, significant redistribution oftraffic can be expected; he anticipated Warrior Drive becoming the workhorse road in and out of the development and that traffic on Tasker Road will be somewhat relieved. Commissioner Morris was pleased with the fact that this was probably the most comprehensive transportation plan the County has ever received. Commissioner Morris asked for an estimation on the distance from Crosspointe Boulevard to Rt. 522 and from Warrior Drive to the Centex project. Mr. Maddox estimated the distance; he said that once Crosspointe and Wakeland Manor are developed, only a 2,000 -foot link remained to reach Rt. 522. Mr. Foote explained that Walter Colucci, who is a member of his firm, represents Centex and when they realized Warrior Drive was headed in the right direction, they consulted with Centex about the location of Warrior Drive on their property. Mr. Foote stated that they anticipated both the importance of Warrior Drive in the long term, and the importance of striving to achieve, not preclude, the • County's goals. Mr. Foote said that Centex's design is compatible with the ultimate punching through of the road. Commissioner Morris inquired about the differences between a Planned Unit Development (PUD) and a mixed -use development. Mr. Foote said that smart growth in the modern day mixes employment with residential uses, reducing the number of vehicles on roads. Mr. Maddox added that the mixed use nature of the RP ordinance provides an opportunity for flexible assignment of different uses within the project, however, it doesn't have the commercial and job-producing element. Mr. Maddox stated that this project has twice the commercial identified by the impact model to support the residential component of the project. In addition, he said cash proffers have been provided for the residential area, they are constructing in excess of $10 million worth of roads, and they are providing right -of -way dedication in the $3 -5 million range in order to implement the Eastern Road Plan. Commissioner Straub read a portion of a letter received from Mr. Al Omdorff, Administrative Assistant to the Superintendent of the Frederick County Public Schools. The letter stated that the 1,310 single - family homes and the 280 townhouses will yield 254 high school students, 217 middle school students, and 598 elementary school students, for atotal of 1,069 students upon build out. Commissioner Straub inquired about the possibility of a school site within the project. Mr. Foote replied that there was not adequate space on the property to accommodate a school site. He mentioned the fact that in other jurisdictions, school sites are not proffered until the amount of land under consideration begins to approximate 1,000 acres. He explained that considering the size of the project property and accommodation of the road network, there simply was not the resources available to commit to a school site. n U Frederick County Planning Commission Minutes of November 19, 2003 Page 1199 tm Commissioner Gochenour expressed her concern about all the various agencies, local, federal, • and state, that would need to be coordinated to accomplish this project's road network. Mr. Foote said that it was not uncommon to involve federal, state, and local authorities with respect to construction of a maj or road network. Mr. Foote was emphatic that their planning is based on the assumption that their road network needs to serve their project. Mr. Foote said their road network will not provide Rt. 37, but they are making Rt. 37 possible for the County in the future. Commissioner Straub raised a question for the representatives from VDOT. Regarding the widening of I -81, she inquired about the possibility of 1 -81 getting larger than shown on the plan and the possibility of it encroaching into the proposed development. Mr. Jerry Copp, VDOT's Resident Engineer, stated that both the I -81 Study and the Rt. 37 Study were included in the project design model so that the available right -of -way, based on those studies, would be available if either one was completed. Commissioner Ours asked Mr. Copp to disregard Rt. 37 for his next question. He stated that considering the proposed project's transportation network as it applies southward down into the Southern Frederick area, he inquired if this plan, in Mr. Copp's opinion, enhanced or benefitted the County's transportation plan for future growth. Mr. Copp replied that it would. Mr. Copp said that he was involved in many meetings with the County staff and the developer over the past several years, and it was VDOT's opinion that the connection of Warrior extending up from Rt. 277 across Tasker and up through and connecting to the existing I- 81/Rt. 37 interchange would be a good move on the County's part, regardless of Rt. 37. Commissioner Ours remarked thatjust on these merits, this was a good plan and Mr. Copp agreed. Mr. Copp stated that if and when Rt. 37 comes, the developer has done everything possible to lay the groundwork for that to happen. • Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. William (Bill) Dodson, a life -long resident of Frederick County, was concerned about the traffic impacts to the intersection of Tasker Road and Chinkapin, particularly the left -hand turn going towards Aylor Road. He said that motorists will continue to use Tasker Road south towards Rt. 522 to Front Royal and Rt. 66. Mr. Dodson was also concerned about the impacts to the school system and he expressed reservations about whether the infrastructure in the County could handle the proposed development. Ms. Nancy Sinback, representing the Top of Virginia Building Association, spoke in favor of the Crosspointe project. Ms. Sinback said that not only will this project have a significant positive impact on the local building community, but it will contribute to economic growth. She said that Glaize Developments has a long history of utilizing local builders, suppliers, and others within the community who work in the building industry. Ms. Sinback remarked that the majority of dollars produced by the Crosspointe Center will stay within this community, benefitting local building supply stores, restaurants, retailers, and car dealers, etc. She believed the Crosspointe project was a model for smart growth in Frederick County. Ms. Sinback added that the intended impact will allow Frederick County to build the necessary schools and fund services with dollars created through development. She further added that the proposed road plan should help to alleviate problems of the failing Rt. 37/ 1 -81 intersection. Mr. David (Dave) Ervin, a resident of Frederick County, spoke in support of planned developments in Frederick County, such as the Crosspointe Center proposal. Mr. Ervin believed the commercial and retail development proposed for Crosspointe Center will benefit the County with both tax • Frederick County Planning Commission Minutes of November 19, 2003 Page 1200 -10- dollars, employment, and through the influx of dollars from surrounding communities. He hoped this new design trend would set a precedent for future development in Frederick County, Mr. Ervin endorsed the proposed project and the rezoning. Since everyone who wished to speak had been given an opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Mr. John Foote returned to the podium to address the Tasker Road concern raised by Mr. Dodson. Mr. Foote said there are no specific road improvements proposed off -site south on Tasker. He said that the proposed improvements to Tasker will create fluid traffic movement and will have the immediate effect of loosening the flow oftraffic to the south. He said the real relief will come when Warrior Drive is completed. Commissioner Thomas believed the project team had done an exceptional j ob putting together a good development plan; he noted that the applicant has complemented the road plan in the southern part of the County without precluding the development of Rt. 37, and they have also provided the synergy for that potential future development. Commissioner Thomas believed the concept of mixed use development with the commercial entity, creating a regional commercial center, will benefit all County residents from a tax base standpoint. Commissioner Thomas next moved to recommend approval of the rezoning. This motion was seconded by Commissioner Ours. Commissioner Straub agreed that this was one of the best planned developments she has reviewed, however, she pointed out that the Board of Supervisors just recently approved a2,400-home PUD in the Stephenson area. Commissioner Straub had concerns with the fact that the proposed development will generate over 1,000 school children, in addition to those created by the Stephenson Village development, and • no provision has been made for a school site. She said that she approved of the commercial component, the walkingtrails, and the road system, but she would have preferred to see this development proposal come before the Board of Supervisors before the UDA was expanded to accommodate the Stephenson Village project. Commissioner Gochenour suggested that an amendment to the proposal, particularly in the Memorandum of Agreement, would be appropriate regarding the involvement of Federal agencies for the protection of environmental areas such as the Chesapeake watershed, the Opequon Creek and Hogue Run, and the wetlands. In addition, she stated that the environmental impact statement indicates four significant historical sites eligible for listing on the Virginia National Register of Historic Places and she believed the Virginia Department of Historic Resources should be consulted, before the Commission votes, to provide an opinion on the significance of these four sites and their views as to the impacts of the proposed rezoning. She said the proposed plan also calls for the construction of additional highways and if federal funds are involved, federal law requires consideration of the impacts on the historic sites and the avoidance or mitigation of the impacts. Commissioner Gochenour commented that V DOT should also consult with the Virginia Department of Historic Preservation and also obtain the approval of the Federal Secretary of Transportation before any federal funds are spent. She said that the entire focus of the Commission's discussion has been based on the roads, however, other aspects of this proposal need to be taken into consideration. Commissioner Gochenour further commented that consideration should be given to the infrastructure required to support this development, particularly, the school children that will be added without the provision of additional schools. Commissioner Ours hoped this development would set a precedent for the County because he believed it was one of the most comprehensive and well - designed plans he has seen in his tenure on the Commission. He believed the proposed traffic plan would have an extremely positive affect on the County's • Frederick County Planning Commission Page 1201 Minutes of November 19, 2003 -I1- transportation system for this area; he said that it provides the potential for interconnects where those potentials may not have existed before. He said that if Warrior Drive is completed, the traffic will be balanced between • the two collector roads and should result in an improved traffic situation. Commissioner Ours commented that the projected numbers for homes and schoolchildren will not occur overnight, but will be phased in throughout a ten to 15 -year period. He said that during the interim, adaptations can be made to the infrastructure to support those numbers. In conclusion, Commissioner Ours believed the proposed development would bring the type of commercial development Frederick County needs that is clean, that will provide j obs, and that will provide the revenue to forestall tax increases. By a majority vote, the Planning Commission recommended approval ofthe rezoning with the proffers as submitted by the applicant. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 913 -03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO : Straub, Gochenour • (Please Note: Commissioner Rosenberry was absent from the meeting.) Conditional Use Permit 909 -03 of Milams Landscape, LLC, for a landscape contracting and retail nursery business on 2.50 acres of a 63.88 -acre tract of land in the RA (Rural Areas) Zoning District. This property is located at 1331 Cedar Creek Grade and is identified with P.I.N. 63 -A -1D in the Shawnee Magisterial District. Action - Recommended Approval Both Commissioner Unger and Chairman DeHaven said they would abstain from discussion and voting on this conditional use permit due to a possible conflict of interest. Planner Mark R. Cheran stated that the proposed use will have 29,250 square feet of outdoor storage areas for nursery stock and products; the outdoor storage will consist oftopsoil piles, mulch piles, trees, and flowers within the front and side yards; the rear property will contain outdoor storage of equipment and nursery stock for off -site landscape contracting; and, there will be 3,600 square feet of indoor storage within three greenhouses located in the front and rear of the property. Planner Cheran pointed out that the proposed use is to be located on property within the South Frederick Agricultural and Forestal District and the proposed • Frederick County Planning Commission Minutes of November 19, 2003 Page 1202 -12- use is in compliance with the provisions governing Forest and Agricultural Districts established in the Commonwealth under the Code of Virginia. Planner Cheran next read a list of four conditions to be placed on the conditional use permit, should the Planning Commission find the use to be appropriate. Mr. Michael M. Milam ofMilam's Landscape, LLC, came forward to answer questions from the Commission. Mr. Milam requested that the Commission consider increasing the permitted sign size from 25 square feet to 50 square feet, allowing two 4'X 6' signs facing Cedar Creek Grade. Planner Cheran pointed out that the language used for the sign size is identical to that placed on another conditional use permit approved on property adjacent to Cedar Creek Grade (Homespun), and has been used as a benchmark for sign size in the rural areas. Commissioner Morris inquired if Mr. Milam would continue to operate his current business on Rt. 50 West. Mr. Milam replied that he was leasing that property and has received notice from the property owner to relocate. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Commission members were not in favor of increasing the sign size requested by the app] icant because of the property's location within the Roundhill Community Center, however, they did find the use to be appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Ours and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • approval of Conditional Use Permit 909-03 of Milams Landscape, LLC, for a landscape contracting and retail nursery business at 1331 Cedar Creek Grade, on 2.50 acres of a 63.88 -acre tract of land in the RA (Rural Areas) Zoning District, with the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County priorto usingthe site forthe landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior to operating the business from this site. 3. One non - illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt. 622); sign shall be limited to 25 square feet in area. The sign shall not exceed six feet in height. 4. Any expansion or change of use will require a new conditional use permit. (Commissioner Unger and Chairman DeHaven abstained; Commissioner Rosenberry was absent.) n U Frederick County Planning Commission Minutes of November 19, 2003 Page 1203 13- . Request to expand the Urban Development Area (UDA) by approximately 350 acres, submitted by Willis White and others. The site includes six parcels of land currently zoned RA (Rural Areas) District. The subject site is located adjacent to and west of the City of Winchester, east of Route 37, and adjacent to and south ofMerriman's Lane (Route 621). The proposed expansion area is connected to Cedar Creek Grade (Route 622) by one parcel. The subject properties are identified by Property Identification Numbers 53 -A- 91,63- 2A,53 -A- 92,53- A- 92A,53 -A- 9213,53 -A- 90,53 -A- 94,53 -3 -A1 and 53-A-95, and are located in the Shawnee Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from discussion and voting on this item, due to a possible conflict of interest. Senior Planner Abbe S. Kennedy stated that on May 12, 2003, staff received a request from Willis White, manager of Willow Grove, LC, and Kenneth Marshal, owner ofPembroke Cove Properties, LLC, and three additional property owners to consider a request to expand the Urban Development Area (UDA) by approximately 350 acres, which is currently zoned RA (Rural Areas). Planner Kennedy said that the property owners contend that their lands are better suited for the suburban development enabled by inclusion in the UDA as opposed to remaining in agricultural land use. She said the subject site is entirely outside of the existing UDA and the Sewer and Water Service Area (SWSA). She reported that the Comprehensive Plans and Programs Subcommittee (CPPS) considered and endorsed this request at their meeting of July 14, 2003. Following discussion by the Planning Commission and the Board of Supervisors, the staff was directed by the Board of Supervisors to schedule the request for a public hearing as soon as a small area land use plan was drafted for this site. Planner Kennedy said that Greenway Engineering, the property owners' representative, • developed a draft land use plan and draftpolicy language forthe area and this draft plan is entitled, the Western Jubal Early Land Use Plan. Planner Kennedy next reviewed the draft language with the Commission and also spoke about the intended land use, patterns of development, developmentally sensitive areas (DSA), and transportation issues. Mr. Willis White, one ofthe property owners, thanked the CPPS, the Planning Commission, the Board of Supervisors, and the Planning staff for their support and the positive input they have provided. Mr. White said they have been asked by the Board of Supervisors to prepare a land use plan for probable development, which will be presented by Mr. Evan A. Wyatt of Greenway Engineering. Mr. Evan A. Wyatt, of Greenway Engineering, presented the draft Jubal Early Land Use Plan and language to the Commission. Mr. Wyatt noted that this conceptual land use plan was put together in a design relationship with the County Planning Staff, the City Planning Staff, the City Engineering Staff, as well as, Mr. James Lawrence, a local environmentalist used for his expertise on the treatment of the Abrams Creek Corridor and Whites Pond, as well as the Green Circle. Mr. Wyatt stated that this land plan promotes the continuation of urban and suburban development that is existing immediately to the east and to the north of this project. He described the proposed residential and commercial land uses, the transportation, and the DSA. He added that the White family wishes to retain about a 50 -acre portion, which contains areas for future residential land use, but, more importantly, area for the Whites Pond - Abrams Creek Environmental Corridor. Mr. Wyatt further added that the Winchester Public Utilities Department has provided a letter indicating that they would be interested in providing water and sewer service to this area, subject to the Frederick County Sanitation Authority allowing them to do so. Mr. Wyatt concluded his presentation by stating that property 11 Frederick County Planning Commission Page 1204 Minutes of November 19, 2003 14- owners to the south of the subject site are owned by the Solenberger family and the Bridgeforth family; both • families have provided letters of support for the conceptual land plan. Commissioner Ours recalled that when the City of Winchester addressed the issue of the Jubal Early Drive expansion, it was turned down. Mr. Vincent DiBenedetto, the City of Winchester's Liaison to the Planning Commission, stated that the issue raised in 1999 was strictly one as to whether or not the money available at that time, should be used for the expansion. Mr. DiBenedetto said the extension of Jubal Early out to Rt. 37 still remains a part of the City's Transportation Plan and is fully supported by the City. Commissioner Straub inquired if the cost of the Jubal Early Drive extension would be home by the developer or VDOT. Mr. Wyatt said that the right -of -way will be provided for the east -west connection through the subject properties and, if they get the opportunity to bring a rezoning forward, a traffic impact analysis would be done to determine improvements needed by the developer. He said that the potential may exist to utilize revenue sharing program funds. Commissioner Straub also inquired about how the portion of Jubal Early that runs through the DSA would be handled. Mr. Wyatt replied that Mr. Jim Lawrence has given them some recommendations on how these areas could be treated. Chairman DeHaven called for public comments and the following persons came forward to speak: Dr. Woodward Bousquet, a resident at 17 East Leicester Street in Winchester, said that his property is a part of the Abrams Creek Watershed, the upper reaches of which are located where the West Jubal Early Drive study area is located. Dr. Bousquet, a professor of environmental studies and biology at Shenandoah University, said that he was involved in establishing the Abrams Creek Wetlands Preserve and the • Green Circle Trail. Although he did not wish to comment either in favor or opposition to the request, he stated that he has spent a considerable amount of time studying the wetlands on the White's property with his students at Shenandoah University. Dr. Bousquet offered three recommendations for the Commission to consider in their consideration of the DSA. First, he recommended that actual wetlands boundaries be delineated on the ground so they could be exactly identified. Second, he recommended protection of the existing wetlands through setbacks from wetlands boundaries and any other environmentally - sensitive features. Third, he recommended that a plan be developed to actively monitor and manage the environmentally - sensitive area as a natural preserve. He suggested that the area might be added to Winchester's existing 25 -acre Abrams Creek Wetlands Preserve and managed jointly. Mr. Thomas Oliver, a resident on Breckinridge Lane in the City of Winchester; agreed with the comments made by Dr. Bousquet. Mr. Oliver was also involved in the establishment of the Abrams Creek Wetlands Preserve and he encouraged the Commission to consider adding the White's property wetlands to the Abrams Creek Preserve to create a large, continuous wetland area for water quality preservation and to create parkland for use by future generations. In addition, Mr. Oliver questioned the need for a new interchange on Rt. 37 and he expressed concern for how Merriman's Lane would handle the increased traffic. Deputy Director Mohn commented that the staff believed the need for an interchange was significant to ensure a regional improvement that will accommodate the traffic needs for the entire area. Furthermore, although the planning staff had no problem with the applicant's long -range plan indicating a potential north -south major collector road across adjoining properties, he pointed out that those properties are currently protected by their inclusion in the Agricultural District. He said that in order to avoid any contradiction of policies, the staff recommends postponing the addition of this improvement to the policy Frederick County Planning Commission Minutes of November 19, 2003 Page 1205 15- document until those properties are withdrawn from the Agricultural District. • Commissioner Morris commented that Merrimans Lane is a major bicycle route for cyclists getting out of the City and into the rural areas. Commissioner Fisher commented that looking at this in the longterm, it makes sense to place the property within the UDA, however, he still had numerous concerns dealing with the transportation issues, the rate of growth in the County with the number of units proposed here, and the actual boundaries of the wetlands areas. Commissioner Fisher noted that some traffic advantage maybe obtained, but he did not believe the overall transportation plan would benefit with just this connection to Merrimans Lane. Commissioner Ours asked Mr. Wyatt if he could speak to the potential for connectivity into this area from some of the existing adjoining neighborhoods, such as Orchard Hill. Mr. Wyatt believed there was potential connectivity around the perimeter, although those issues usually come out as part of the rezoning application. Mr. Wyatt said that with conceptual land use plans, the County has typically focused on the primary corridors and the major collector road corridors, which is in keeping with this plan. Regarding Mr. Bousquet's comments regarding wetlands, Mr. Wyatt said that the wetlands areas shown on their plan exceed what is normally designated on the National Wetlands Inventory Map. He said that as a precursor to examining the property, they've already conducted Phase I environmental and wetlands analysis work. Commissioner Ours advised that the best opportunity for the Commission to achieve commitment and provide input on the DSAs would be at the rezoning stage. Deputy Director Mohn agreed. Commissioner Morris stated that while he had significant issues that would no doubt come up at the rezoning level, he believed the inclusion of the Jubal Early extension with a potential connection to Rt. 37 was paramount to the Western Jubal Early Land Use Plan and inclusion of this property within the UDA. Commissioner Morris then moved for approval of the UDA Expansion request and this motion was seconded by Commissioner Kriz. Commissioner Kriz inquired if the motion also included the Western Jubal Early Land Use Plan. Commissioner Morris replied yes. Commissioner Kriz concurred with his second. ChairmanDeHaven reiterated the motion as follows: The motion and second is for a recommendation of expansion of the UDA as requested and adoption of the land use plan as submitted. Commissioner Morris believed there was no better natural boundary for the UDA expansion. He said Rt. 37 is a natural boundary and this land fits perfectly within the UDA. Commissioner Thomas believed this was an appropriate area for UDA expansion and the time will come for that area to be developed. However, Commissioner Thomas said that at this point in time, he would not vote favorably for a rezoning without a connection of Jubal Early into Rt. 37 because otherwise, the area is so transportation challenged, nothing could be done with the traffic there. He said there must be a connection or some way to get the north -south traffic out of the area. Deputy Planning Director Mohn asked if the Commission could clarify in their motion the Commission's intention regarding an interchange with Rt. 37. Deputy Director Mohn sensed this was �J Frederick County Planning Commission Minutes of November 19, 2003 Page 1206 -16- something that was desired by the Commission. Commissioner Morris said that he would include that in his 16 motion and Commissioner Kriz concurred with his second. Chairman DeHaven reiterated the most recent motion as follows: The motion and second is now for a recommendation of approval of the UDA expansion as requested and the adoption of the land use plan with a full interchange with Rt. 37 and Jubal Early. Commissioner Morris and Commissioner Kriz concurred that was the intent of their motion and second. VDOT's representative, Mr. Jerry Copp, was consulted to determine if there was adequate land available to create the interchange and Mr. Copp replied that there was. Commissioner Gochenour was in favor of what has been requested by the Whites, however, she was concerned that the motion was to include Jubal Early Drive and the interchange. She did not see why this needed to be a part of the UDA Expansion. Commissioner Thomas stated that he would like to amend Commissioner Morris' motion and have the Commission just recommend approval of the UDA expansion request, separate it from the land use plan, and have the land use plan just as an informational submittal. This motion was seconded by Commissioner Ours. The vote was unanimous to amend Commissioner Morris' original motion. Chairman DeHaven advised that the amended motion is a recommendation to approve the UDA Expansion Request and to accept the Land Use Plan as submitted for information only. The vote was unanimous for approval. • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request to expand the Urban Development Area (UDA) by approximately 350 acres, submitted by Willis White and others. The site includes six parcels of land currently zoned RA (Rural Areas) District. The subject site is located adjacentto and west of the City of Winchester, east of Route 37, and adjacentto and south of Merriman's Lane (Route 621). The proposed expansion area is connected to Cedar Creek Grade (Route 622) by one parcel. The subject properties are identified by Property Identification Numbers 53 -A -91, 63 -2A, 53 -A -92, 53- A -92A, 53- A -92B, 53 -A -90, 53 -A -94, 53 -3 -A1 and 53 -A -95, and are located in the Shawnee Magisterial District. (Please Note: Commissioner Unger abstained. Commissioner Rosenberry was absent from the meeting.) OTHER BYLAWS REQUIREMENT Chairman DeHaven announced that the Planning Commission's Bylaws prevent the Commission from considering any additional action items after 10:30 p.m., therefore, agenda item numbers 10 and 11 will not be discussed this evening and will be forwarded to the Commission's next meeting. n U Frederick County Planning Commission Page 1207 Minutes of November 19, 2003 _17_ 2004 PLANNING COMMISSION RETREAT Chairman DeHaven announced that the Planning Commission's 2004 Annual Retreat will be held on February 14, 2004. (Please note that this date has since been changed to February 7, 2004.) JOINT WORKSESSION WITH CLARKE COUNTY PLANNING COMMISSION Chairman DeHaven announced that the Clarke County Planning Commission has requested a joint work session with the Commission to discuss the Rt. 522 Double Tollgate area. The consensus of the Commission was to accommodate the Clarke County Planning Commission's request. K ADJOURNMENT By a unanimous vote, the meeting of the Frederick County Planning Commission adjourned at 10:50 p.m. Res � ctfully submitted, DeHaven, Jr., Chairman Secretary Frederick County Planning Commission Minutes of November 19, 2003 Page 1208