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PC_03-17-04_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 17, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; and Gene E. Fisher, Citizen at Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chainnan/Opequon District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - FEBRUARY 18, 2004 N Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of February 18, 2004 were unanimously approved as presented. Frederick County Planning Commission Minutes of March 17, 2004 Page 1260 -2- COMMITTEE REPORTS Comorehensive Plans & Programs Subcommittee (CPPS) - 03/08/04 Mtg. Commissioner Light reported that the CPPS has completed the portion of the Rural Areas Study that identifies potential problems and is now involved in stake- holder meetings. Commissioner Light reported that the CPPS has already met with the Farm Bureau, the Top of Virginia Builders, and the design community. He added that multiple meetings and agendas are scheduled for the upcoming months; he invited anyone who is interested in participating to do so. Winchester City Planning Commission (WPC) - 03/16/04 Commissioner Ours reported that one of the issues before the WPC was a rezoning that could potentially bring residential development into the northern part of the Old Town District. Also rezoned was some property on north Cameron Street, which is the current location of C -CAP, from Commercial- Industrial to Central Business. Commissioner Ours reported that the building will be demolished and the developer has indicated intentions to build an age - restricted complex, along with some retail and commercial. In addition, he said that a site plan was approved for the expansion and renovation of Daniel Morgan Middle School. • PUBLIC HEARING Rezoning 903 -04 of the Racey Tract, submitted by Blue Springs View, LLC, to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Interstate 81, approximately 1 /2 mile south of Fairfax Pike (Rt. 277), east of Town Run Lane (Rt. 1012), and to the south of Ridgefield Avenue (Rt. 1065) along Ewing Lane. In addition, this property is south of Ridgefield Subdivision, east of Stephens Ridge Subdivision, and west of Woodside Subdivision. The property is identified with P.I.N. 85 -A -140 in the Opequon Magisterial District. Action - Tabled Jeremy F. Camp, Planner, stated that approximately 18 months ago, the Board of Supervisors denied a request to expand the UDA (Urban Development Area) to include the entire Racey Tract within its limits. He explained that the UDA line traverses the site and approximately 26'/2 acres of the site are located outside of the UDA; the remaining 105.65 acres of the site within the UDA are proposed for rezoning. Planner Camp said that on an adjacent parcel owned by the Town of Stephens City, there is an abandoned wastewater treatment facility, a lagoon, which has been closed since 1996. He said that the applicants are proposing to remove the lagoon and they have obtained an approved plan from the Virginia Department of Health for the lagoon's closure. This area is planned to be the site for the construction of the proposed primary access, which would traverse the Stephens City parcel and then eventually enter into the network of roads proposed for the subdivision. i Frederick County Planning Commission Minutes of March 17, 2004 Page 1261 -3- ® Planner Camp stated that the applicant has offered an extensive proffer statement which exceeds the general development practices normally seen in previous applications. He said that the proffers are the applicant's intent to mitigate the impacts of the proposed rezoning. Planner Camp proceeded to summarize some of the primary proffers for the Planning Commission, which included: a general conformance with the GDP (General Development Plan); a monetary contribution of $10,072.00 per lot; the development of no more than 228 single - family detached dwelling units; the development of buffers within various areas of the site; the construction of a community pool; and the development of a centrally - located, 1.3 -acre open green area. Planner Camp next summarized the various transportation proffers, which included: the improvement of the intersection of Fairfax Pike (Rt. 277) and Stickley Drive by providing not only a traffic signal, but additional turn lanes; the provision of a traffic signal at Double Church Road; inspection of surface conditions to determine compliance with current standards; and, the provision of an 80' right -of -way through the entire property which could be used as a future public road by Frederick County. Planner Camp continued, stating that the applicant's transportation impact analysis reveals that, based on 2007 projection levels, they would be improving the LOS (Level of Service) for several intersections, however, at the northbound ramp at the I -81 intersection, there will be a decrease in the LOS during the evening hours. In conclusion, Planner Camp pointed out that the staff verified through a field inspection and through speaking with the applicant that the property was not properly posted with a public hearing sign for this meeting. He said the staff is, therefore, recommending that the Planning Commission consider tabling any action this evening. ® Commissioner Gochenour expressed a need for clarification on some site suitability issues, including the closing of the lagoon, the possible disturbance of flood plains, wetlands, and steep slopes, and possible impacts to the Stephens Run watershed. Commissioner Light inquired if the 40' strip of land proposed as open space might possibly create future issues; specifically, could there be questions as to whether the area was active or inactive, and whether or not storage structures would be permitted within the 40'. Commissioner Light also inquired whether the 80' right-of-way for the future major collector would bean at -grade system that could be dedicated at a later time. Planner Camp replied that the 40' strip of land is not a part of any of the lots and, therefore, should not present any future issues; he added that the applicant has not proposed any grading work for the 80' right-of- way- In addition, Commissioner Light inquired as to why the significant degradation of traffic to Stickley Drive was not foreseen when the Southern Hills development was being considered. Planner Camp replied that the County's standards have significantly increased since the time Southern Hills was considered. Planning Director Lawrence added that with the Racey Tract application, the traffic impact analysis was performed for a much larger area than was done for the Southern Hills development. Mr. Scott Plein with Blue Springs View, LLC, representative for the Racey Tract, stated that they have met with area residents on numerous occasions, both individually and as a group, and they have also met with neighboring farmers. Mr. Plein proceeded to discuss the various proffers offered, beginning with their proposed traffic calming methods, which included a plaza and a circuitous road network, their proposed tree - scape and tree -save areas, and the proposed swimming pool and tennis courts that would also be available to Frederick County Planning Commission Minutes of March 17, 2004 Page 1262 the residents of the adjacent Woodside neighborhood. He next described the 30% open space area and, in addition, the 26 acres of non -UDA space which they have placed in an open space easement allowing its future use to be determined by the County, possibly as a school site or a recreational area. In addition, Mr. Plem believed that closing the lagoon would be a positive step and he assured the Commission of their intentions to protect Stephens Run and the drainage swale. Mr. Plem next addressed the transportation issues and stated that VDOT has been adamant about getting the most in -depth information possible regarding the traffic impacts and VDOT believed it was necessary to scope this proposal to include the I -81 Interchange, the Double Church Road Interchange, as well as the Stickley Drive intersection. Mr. Plem believed that if the improvements that were called for were made, such as constructing improved intersections at Stickley and Fairfax Pike (Rt. 277), and at Double Church Road and Fairfax Pike (Rt. 277), the traffic conditions would improve exponentially; he believed those intersections were extremely critical in making the system work. He commented that a traffic signal alone at Stickley and Fairfax will not improve the level of service and the intersection will still operate at a failing level. He remarked that only the necessary lane improvements will make this intersection work. Mr. Plein stated that they will complete the intersection improvements at Stickley Drive and Fairfax Pike (Rt. 277) prior to the issuance of the first building permit. Commissioner Unger asked Mr. Plein if he could provide the Commission with an estimate of the number of homes planned to be constructed per year and Mr. Plein said that he would comply with that request. Additional questions were raised regarding the closing of the lagoon, such as what will be done with the water and the sediment at the bottom of the lagoon. Mr. Plem replied that the water will be pumped directly into the sewage system, which runs through the property, and will be carried out in a manner that is acceptable by the FCSA. He said that the sediment at the bottom of the lagoon will not be appropriate as a compacted fill for a building site and will need to be removed. Mr. Tadeusz W. Lewis, P.E., with GeoConcepts Engineering, Inc., negotiated the lagoon's closure plan with the Virginia State Department of Health (VDH). Mr. Lewis explained that there are no inspection procedures through the VDH during the process of closing of the lagoon. He said that after approving the permit, the VDH relies on a third party consultant, which in this case is GeoConcepts Engineering, Inc., to monitor the work. Mr. Lewis said that his firm will be on -site full -time monitoring the work and chemical and compaction testing. Mr. Lewis said that they will prepare a report at the conclusion of the closure that will be submitted to VDH. speak: • Chairman DeHaven called for public comments and the following persons came forward to Mr. Donald Presnell, a resident at 123 Driftwood Drive in the Stephens City area, was concerned about an already overburdened Fairfax Pike (Rt. 277). He presented a map in which he compared development that has occurred in the Stephens City area since 1966 and the development that has just recently occurred within the last five years. Mr. Presnell was not in favor of additional residential development in the area south of Fairfax Pike (Rt. 277), unless Fairfax Pike (Rt. 277) was increased to a four -lane road. Ms. Sandra Ritenour, a resident of the Opequon District, had concerns regarding the traffic and environmental impacts to Stephens Run. Ms. Ritenour explained that Stephen Run winds all the way Frederick County Planning Commission Minutes of March 17, 2004 Page 1263 -5- through her family farm and naturally, they are concerned. She said they have had issues in the past with over- run and various issues with the Stephens City lagoon. She remarked that they were glad the lagoon was closed, ® however, they want to make sure the closure is complete and correct. Ms. Ritenour next read a letter she had prepared for the Commission detailing concerns she had with the Racey Tract rezoning. She wanted to be assured that no discharge of supernatant or liquids of any kind would be discharged into Stephens Run and that a test be conducted for human pathogens; she questioned whether the original lagoon site had been wetlands or part of a flood plain and if a plan had been specified for wetlands protection or reclamation; she was concerned about the increased traffic congestion on and near Fairfax Pike (Rt. 277), from previously- approved commercial and residential growth; and, she believed that approval should be made contingent upon actual major road improvements. Mr. Mark Cain, a resident at 103 Driftwood Drive in Woodside Estates, was opposed to any further residential development in this area before the infrastructure needs were met; he cited the lack of any credible comprehensive plan for significantly improving the traffic flow on Fairfax Pike (Rt. 277). Mr. Cain did not think it was wise to add another 250 homes to the bottleneck at the intersection of Fairfax Pike (Rt. 277) and I -81. In addition, he preferred to see infrastructure improvements funded by commercial and industrial growth. He was also opposed to connectivity between Driftwood Drive and the Racey tract. Mr. John Milam, a resident on Peace and Plenty Lane, adjacent to Southern Hills, also had the opinion that infrastructure should be in place before development occurs. He said that long -range plans are necessary, but there should be a timing sequence which is incorporated within the Comprehensive Plan. He believed the bar should be raised on what the County expects for traffic standards. Mr. Gary L. Scwthorn, a resident of the Opequon District, questioned the 5% regional annual growth rate used in the traffic analysis calculations and he questioned what the "regional area" included. He • believed Stephens City was growing at a greater rate than 5 1 /o, which would skew the information provided by the applicant. In addition, he pointed out that the residential development just recently approved within the Stephens City corporate limits was also not included in the traffic analysis for this rezoning. Ms. Jennifer McKelvey, President ofthe Woodside Estates Homeowners Association, said that in addition to the traffic concerns already raised, other issues raised by Woodside Estates homeowners were the impacts to the school system, especially the affects on classroom size, impacts to emergency services, and impacts to water and sewage services in the Stephens City area. Mr. Jeffrey Jenkins, a resident of Woodside Estates, came forward to discuss the connectivity to Woodside Estates; he noted that Driftwood and Trunk Drive are not wide enough to handle the traffic that will be brought through this neighborhood. Mr. Jenkins also believed that the residents on Town Run Lane in Southern Hills will use the Racey subdivision and Woodside Estates as a cut - through to Double Church Road, in order to miss the traffic lights and congestion on Fairfax Pike (Rt. 277). He said the residents of Woodside Estates would prefer not to be connected to this subdivision. Ms. Gretchen Presnell, a resident on Driftwood Drive in Woodside Estates, expressed concern about the impact of traffic congestion on the response time for emergency services, especially since that facility was located on the other side of I -81. Ms. Presnell also had safety concerns about the possible increase in traffic on Driftwood Drive, resulting from motorists cutting through Woodside Estates to go to Food Lion, Rite -Aid, Sherando High School, Rt. 522, and points east. • Frederick County Planning Commission Minutes of March 17, 2004 Page 1264 e� Ms. Kara Fomo, a resident of Woodside Estates and a professional educator in Frederick County, said that funding is not available for hiring additional teachers and classrooms are already crowded; she did not believe the schools could handle an extra neighborhood of children. She said that as a classroom -� teacher, she can verify that it is difficult to teach a class consisting of 20 -30 children and it is preferable to have low classroom numbers. Mr. John Murphy, a resident of the Ridgefield area, said that his greatest concern was for emergency services. Mr. Murphy inquired if there were any plans to construct a substation on the east side of I -81. Chairman DeHaven replied that there were long -range plans for a station on the east side of I -81. Mr. Alfred Marks, a resident on Trunk Drive in Woodside II, remarked that this developer is very positive in his attitude and has been very responsive to the concerns of the neighborhood residents. Mr. Marks believed that the traffic issues on Rt. 277 are already existing today and the impact of this development will be small by comparison, probably about 3%. He said the bottom line is that this is a quality developer and if someone is going to build on the property behind him, this is the kind of individual he wanted back there. Mr. Ronald Rodgers; a homeowner in Woodside Estates II and a board member of the Woodside Estates II Homeowners Association, also had the opinion that this developer was responsive to the concerns of the existing adjacent residents, with regards to buffers between the two areas and water run -off. Mr: Rodgers said that one of the most significant problems they are experiencing in their development is water runoff from the Racey property, which he believed was not properly addressed when Woodside II was developed. He said that many of the homeowners in Woodside II have problems with flooding into their backyards and even into their basements. He believed that Hartwood development has also caused water run- off problems for some of the homeowners. Mr. Rodgers said that this developer is considering those issues and is trying to assist. Mr. Rodgers said that, unfortunately, the traffic problem already exists and is going to get �• worse, and, hopefully, there's a chance it will improve, based on the improvements the developer has committed to make. Mr. Steven Corbit, a resident at 124 Trunk Drive in Woodside Estates II, suggested that the area on the other side of I -81 be included in the transportation analysis; he said that the applicant's study only references two ramps, however, there are four ramps at that intersection. He was also concerned about the impacts of the traffic congestion at Fairfax Pike (Rt. 277) and Rt. 11 on emergency services. In addition, Mr. Corbit asked for an explanation of how the proffer money contributed by the applicant gets distributed to services in Frederick County. Mr. Herbert Painter, a resident at 641 Double Church Road, said that when Woodside Estates I and II were being considered, concerns about the traffic on Fairfax Pike (Rt. 277) were raised and the residents were told the road would be upgraded. Mr. Painter said the two subdivisions were built and the traffic has worsened. He said that once again, additional homes are planned for this area without improvements to Fairfax Pike (Rt. 277). Mr. Painter commented that the state has now run out of money. Since everyone who wanted to speak had an opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Mr. Scott Plein returned to the podium to address some of the comments made by the residents who spoke. Regarding the Fairfax Pike (Rt. 277) comments, Mr. Plein commented that other developments will continue to be approved, along with by -right development, resulting in additional traffic. He said that with u Frederick County Planning Commission Minutes of March 17, 2004 Page 1265 -7- the additional traffic, their transportation improvements will be even more important and may be a catalyst to get other things started. He assured the Commission that their improvements to Stickley Drive and the Stickley • Drive intersection will be completed before the first dwelling is constructed. Regarding schools, he said they will provide the dollar amount established by the capital facilities impact model. And finally, regarding the water and sewer, Mr. Plein said that they have received comments from the required agencies stating that the capacity is available to take care of the water and sewer needs for their development. Mr. Michael J.Workosky, traffic engineer with the firm, Wells & Associates, LLC, explained that after Frederick County and VDOT reviewed their first traffic study, dated August 21, 2003, VDOT and the County requested that his firm take a different approach, given the traffic history of the previous Southern Hills project and others. Mr. Workosky said that his firm prepared an addendum, dated November 5, 2003, which was provided to the Commission this evening. Mr. Workosky reviewed the process applied by his firm to arrive at the growth rate used for the study and he also described the improvements that were determined to be needed so the roads could operate efficiently. Mr. Worksosky agreed with the planning perspective that connectivity between subdivisions was preferable. He commented that in his experience, there are few projects in which the road improvements are made up front; he said that most developers prefer to stage those improvements as they build in order to fund the improvements. However, in this particular case, he said the applicant will be making the needed improvements before the project is built. Mr. Workosky next described the specific areas that their study encompassed, noting that it went from the South-bound off ramps and the North -bound off ramps over to Double Church Road and down Double Church Road, including Driftwood and Trunk Drive. Commissioner Light requested that a written agreement regarding the proper closure of the lagoon be prepared between the developer and/or his third -party group and Frederick County's Public Works Engmeer/Director, Mr. Edward Strawsnyder, that would allow Mr. Strawsnyder to accept responsibility on • Frederick County's behalf to make sure the closure is done properly. Commissioner Light also requested that the applicant submit a phasing program; he requested that the responsibility of maintenance of the 40' strip be designated in the applicant's proffer; and finally, he suggested that the 26 acres may be a good location for a future emergency services site, if the applicant would care to make that donation and if the Department of Emergency Services believed that particular location was appropriate. Commissioner Light next moved to accept the letters of information that were submitted this evening for the Commission's information and to make them a part of the official record. This motion was seconded by Commissioner Ours and unanimously approved. Chairman DeHaven noted that the correspondence submitted included letters from the Woodside Estates Homeowners Association, Mr. and Mrs. Mark Dreyer, Mr. Gary L. Scothom, and Ms. Sandra Ritenour. Commissioners commented that this applicant has strived to address the impacts created by the development and has been very responsive to the neighborhood residences to work out problems. Commissioners also commented that with regard to the inter - parcel connectors, the applicant is meeting County requirements. It was noted that one of the reasons the connectivity policy was implemented was to provide multiple access for fire and rescue vehicles. Commissioner Ours moved to table the rezoning application until the applicant and staff have determined that the application is complete and the legal posting requirements have been accomplished. This motion was seconded by Commissioner Kriz and unanimously passed. Frederick County Planning Commission Minutes of March 17, 2004 Page 1266 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning 403 -04 of the Racey Tract, submitted by Blue Springs View, LLC, to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District until the applicant and staff have determined that the application is complete and the legal posting requirements have been accomplished. OTHER • COMMITTEE APPOINTMENTS Chairman DeHaven appointed Mr. Kevin W. Kenney of the Gainesboro District to the Development Review & Regulations Subcommittee (DRRS) and Mr. Philip A. Lemieux of the Red Bud District to the Comprehensive Plans & Programs Subcommittee (CPPS), effective this evening, March 17, 2004. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:02 p.m. Respectfully submitted, S. DeHaven, Jr., Chairman Eric't.ILAwrence, Secretary • Frederick County Planning Commission Minutes of March 17, 2004 Page 1267