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HomeMy WebLinkAboutPC_03-03-99_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 3, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER ® Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JANUARY 6, 1999 AND FEBRUARY 3, 1999 Upon motion made by Mr. Marker and seconded by Mr. Light, the minutes of January 6, 1999 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of February 3, 1999 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of March 3, 1999 .Page 311 -2- ® COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver, subcommittee member, reported that the CPPS will be holding two public meetings on the South Frederick Land Use Study; one on Thursday, March 18, and one on Wednesday, March 31, both at 7:00 p.m., at the Armel School. Economic Development Commission (EDC) Mr. George Romine, Planning Commission liaison to the EDC, reported that the EDC has published the Construction Service Directory and is working on the 1999 Commercial Profile. Winchester Planning Commission (WPC) Mr. Vincent DiBenedetto, member of the Winchester City Planning Commission, stated that the WPC has recommended the subdivision of the Grim Farm. Mr. DiBenedetto said that there has been good cooperation with the City staff and the applicant on the project. • PUBLIC HEARING Rezoning #02 -99 of Tybrooke, L.C., submitted by Painter- Lewis, P.L.C. to rezone 2.99 acres from RA (Rural Areas) to B2 (Business General). This property is located on North Frederick Pike (Route 522) at Albin; one mile north of Winchester Bypass (Route 37), and is identified with P.I.N. 42 -A -253 in the Gainesboro Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, noted two potential impacts: the Historic Resources Advisory Board has identified an impact to the viewshed of the historic Long Green property and has recommended that vegetative plantings be provided along the rear property line of the site; and second, the results of the Capital Facilities Impact Model run demonstrated a negative fiscal impact to Fire and Rescue Services for capital facilities costs. Mr. Wyatt said that the applicant's proffer statement appears to mitigate the impacts identified by the various review agencies and prohibits eight specific uses that would be permitted in the B2 Zoning District. He added that this site is located within an area that could be reasonably defined as the Albin Rural Community Center; the Comprehensive Policy Plan recommends the provision of commercial development within several community centers, including this one. Is Frederick County Planning Commission Minutes of March 3, 1999 Page 312 -3- Mr. John Lewis of Painter- Lewis, PLC, the design engineers for this rezoning, stated that the ® proposal is for minor commercial development and will be very restrictive because of two factors: the limited capacity of the drainfield and no fire protection availability. He said that the applicant is looking for small, commercial development, such as small shops that would complement the existing Ridge Country Store. Mr. Lewis said that once this property is rezoned, they intend to file a subdivision application to subdivide the store from the remaining three acres. There were no citizen comments. The Planning Commission believed this site was appropriate for commercial development and no issues of concern were raised. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 402 -99 of Tybrooke, L.C., submitted by Painter - Lewis, P.L.C. to rezone 2.99 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted by the applicant and contingent upon all review agency comments being met. Rezoning Application #03 -99 ofAikens & Allen L.P., L.L.P., submitted by Greenway Engineering, to rezone 0.91 acres from RP (Residential Performance) to B2 (Business General). This property is located on Ross Street, 90 feet from the intersection with Berryville Avenue (Rt. 7), near the Rt. 7/I-81 Exit 315 ® interchange, and is identified with P.I.N.s 177 -2 -29B (City of Winchester) and 54G -1 -13B in the Stonewall Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, stated that the commercial property within the City is under development as a hotel and conference center, and the rezoned property within the County would be used for uses accessory to the hotel and conference center, mainly as parking. Mr. Ruddy said that this rezoning will present no impact to Frederick County capital facilities; the proposed uses would not generate any impact on Frederick County Schools, nor Parks and Recreation, and the property will be served by the City of Winchester Fire and Rescue Services. He said that for this reason, the Capital Facilities Impact Model was not run for this rezoning application. Mr. Ruddy added that access to the hotel and conference center is via Ross Street and Berryville Avenue, both within the City of Winchester. He further added that any impacts to the road infrastructure will be mitigated through the City's site plan review process. In conclusion, Mr. Ruddy stated that this 0.91 -acre rezoning request would not negatively impact Frederick County, and any impacts on adjoining properties are minimal and would be mitigated through the implementation of zoning district buffers. He added that the City of Winchester has expressed their support for this application. Mr. Mark Smith of Greenway Engineering, the design engineers for this application, was available to answer questions from the Commission. D Frederick County Planning Commission Minutes of March 3, 1999 Page 313 -4- There were no citizen comments regarding this rezoning application. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #03 -99 ofAikens & Allen L.P., L.L.P., submitted by Greenway Engineering, to rezone 0.91 acres from RP (Residential Performance) to B2 (Business General). Rezoning Application #04 -99 of AMK Products, Inc. submitted by G. W. Clifford & Associates, Inc. to rezone 7.354 acres from RA (Rural Areas) to MI (Light Industrial). This property is located on the south side of Airport Road (Rt. 645), approximately 300 feet west of the intersection with Victory Road (Rt. 728), and is identified with P.I.N. 64 -5 -4 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Commissioner Wilson said that he would abstain from discussion and voting on this rezoning application, due to a possible conflict of interest. Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review ® agency comments. Mr. Wyatt said that this rezoning request is consistent with the policies established in the Comprehensive Policy Plan and is in conformance with the development patterns depicted in the Route 50 East Corridor Land Use Plan and the Airport Support Area. He continued, stating that the language within the proffer statement mitigates the impacts that would be realized by the Fire and Rescue Services, and the monetary amount slightly exceeds the impact demonstrated by the results of the Capital Facilities Impact Model run. A member of the Commission inquired if any other party had proposed to participate in the construction of the relocation of Airport Road (Rt. 645) and, also, if the proposed lot would have access to a state - maintained road. Mr. Wyatt replied that this road was identified in the County's Capital Improvements Plan (CIP); money has been secured from the FAA, as well as State funds and some local contributions that will be used for the engineering, the right -of -way acquisition, and the construction element. Mr. Wyatt stated that at this point in time, the money provided through the CIP is for design and right -of -way purposes; the construction element is still outstanding. He said that this is not on the County's Secondary Road Improvement Plan. He said that the airport, through their CIP, would relocate the road; however, it should be noted that all they are doing is simply relocating the existing road right -of -way. It will be the same two -lane segment that is currently existing on Rt. 645. Mr. Wyatt added that the property would have access to a state - maintained road because the property in front was secured by the airport. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for this rezoning application, along with the owner of the property, Mr. Randolph E. Rodgers, Jr., were present to represent AMK Products, the applicant. Mr. Gyurisin stated that AMK Products is a company from Oklahoma Frederick County Planning Commission Minutes of March 3, 1999 Page 314 -5- • that is relocating its operation to Frederick County. He said that the site plan will show all site improvements and will address the concerns raised about access to existing or future Airport Road. He added that AMK Products is proposing approximately 15,000 square feet of distribution space and they plan to employ 15 people. Another question from the Commission concerned how the applicant planned to address potential traffic impacts. Mr. Gyurisin replied that when they prepare the site plan, once they know exactly the size of the facility, they will prepare a traffic study and analysis for VDOT; this will be submitted to the Planning staff for review. Mr. Gyurisin envisioned they would initially have access from existing Airport Road via a 60' right -of -way provided by the airport; they would be looking at a driveway situation across the two acres owned by the Airport. He said that once the new road is implemented, they would anticipate a permanent situation and they would provide whatever VDOT required. Mr. Gyurisin added that they would install a standard commercial entrance and would align it with any airport entrances. Chairman DeHaven called for public comment, but no one came forward. No other issues of concern were raised by the Commission. Upon motion made by Mr. Thomas and seconded by Mr.Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #04 -99 of AMK Products, Inc., submitted by G. W. Clifford & Associates, Inc., to rezone 7.354 acres from RA (Rural Areas) to M 1 (Light Industrial) with proffers as submitted by the applicant and contingent on all review agency comments being addressed by the applicant. ® This vote on this recommendation was as follows: YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris ABSTAIN Wilson Subdivision Application #04 -99 of JASBO, Inc., submitted by G. W. Clifford & Associates, Inc., for the subdivision of a 45.6727 -acre MI (Light Industrial) tract into five lots. The property is located on the west side of Shady Elm Road (Rt. 651), south of Winchester Bypass (Rt. 37), and is identified with P.I.N. 63 -A -60 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that a master development plan would not be appropriate, nor apply to this site because there are no plans for internal road circulation or storm water management. Mr. Lawrence said that the staff had a concern with the access onto Shady Elm Road and discussed establishing possible easements to limit the number of entrances. He said that staff is recommending that Lots I and 2 share an entrance and it should align with Industrial Drive. Lots 3, 4, and 5 should share an u Frederick County Planning Commission Minutes of March 3, 1999 Page 315 a Me ® entrance and that entrance could be aligned with the entrance into Dawson Investments. Mr. Lawrence explained that one of the benefits to aligning the entrances is that Shady Elm Road is slated by WATS to be a four -lane divided highway and by aligning entrances, there is greater potential for crossovers, etc. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for this subdivision, was present to represent the applicant, JASBO, Inc. Mr. Gyurisin stated that they will be dedicating approximately two acres along Shady Elm Road for additional right -of -way, they have initiated a site plan for the development of Lot 1, and they plan to align the entrance for Lots 1 and 2 as suggested by the staff. He continued, stating that they will align future entrances for the remaining lots with the existing entrances across the street. Mr. Gyurisin informed the Commission that Lot 1 will be occupied by a local company which is planning to expand and relocate here. He said that the lot is served by Winchester City's utilities. Chairman DeHaven called for public comment, however, no one came forward to speak. No issues of concern were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #04 -99 of JASBO, Inc., submitted by G. W. Clifford & Associates, Inc. for the subdivision of a 45.6727 -acre, M1 -tract into five lots contingent upon the applicant satisfying all the review agency comments. Subdivision Application #10-99 of Viola M. Destefano, submitted by Dove & Associates, for the subdivision of a 1.0282 -acre RP tract into two lots. The property is located at the intersection of Front Royal Pike (Rt. 522) and Bentley Avenue, and is identified with P.I.N. 64 -2 -A in the Shawnee District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated thatthe master development plan has been waived for this project, based on the scale of the subdivision proposal. Mr. Lawrence said that this is an older, established lot surrounded by the Chapel Hill subdivision which contains 15,000 square foot lots (this is a 45,000 square foot lot). He said that the applicant wishes to divide it in half; the original house will remain on the front portion and a 15,000 square foot lot will be created in the rear, with access onto Bentley Avenue. In addition, Mr. Lawrence stated that the lot in the rear will be made part of the Chapel Hill subdivision. A member of the Commission inquired if the existing dwelling on proposed Lot 1 would be in violation of the front setbacks bordering Bentley Avenue, if the subdivision was approved. Mr. Lawrence replied that it would, however, it is legally nonconforming. Mr. Edward Dove, President of Dove & Associates, was representing the applicant and contract purchaser, Valley Development Group, Inc., which is part of Oakcrest, the developer and builder of Frederick County Planning Commission Minutes of March 3, 1999 Page 316 -7- Chapel Hill subdivision. Mr. Dove said that the owner, Ms. Viola M. Destefano, desires to sell her house and purchase a smaller home. Mr. Dove explained that Mr. James T. Vickers, one of the principals of Valley Development Group, Inc., will include the new 15,000 square foot lot within the Chapel Hill subdivision, as far as restrictive covenants are concerned. A member of the Commission said that if the lot is to legally become part of Chapel Hill, it will need to be reflected in the plat. It was also suggested by the Commission that Mr. Dove's client move the existing entrance on Route 522 over to Bentley Avenue. There were no public comments. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application 410-99 of Viola M. Destefano, submitted by Dove & Associates, for the subdivision of a 1.0282 -acre RP tract into two lots with the stipulation that it be designated as a part of the Chapel Hill subdivision and also contingent upon the applicant satisfying all review agency comments. The following three rezoning applications were presented together, however, each of the rezonings were acted on individually. Rezoning #05 -99 of Giles Farm, submitted by Greenway Engineering, to rezone 140.2 acres from RA • (Rural Areas) to RP (Residential Performance), and 12.0 acres from RA (Rural Areas) to B2 (Business General). This property is located on the north side of Senseny Road, 850 feet east of Beans Pond Lane, across from the Burning Knolls and C.M. Lockhart subdivisions, and adjacent to the Bedford Village and Apple Ridge subdivisions, and is identified with P.I.N. 65 -A -39 in the Stonewall Magisterial District. Action - Tabled; Applicant Waived Time Requirement Rezoning #06 -99 of Sheppard/Futral, submitted by Greenway Engineering, to rezone 132.70 acres from RA (Rural Areas) to RP (Residential Performance). This property is located on Eddy's Lane (Route 820), approximately 0.8 miles from the intersection with Valley Mill Road and adjacent to the Apple Ridge and Senseny Glen subdivisions, and is identified with P.I.N.s 55 -A -209, 55 -A -211, 55 -A -213 and 65 -A -40 in the Stonewall Magisterial District. Action - Tabled; Applicant Waived Time Requirement Rezoning #07 -99 of Lynnehaven, submitted by Greenway Engineering, to rezone 81.4 acres from RA (Rural Areas) to RP (Residential Performance), and 10.0 acres from RA (Rural Areas) to B2 (Business General). This property is located west of Beans Pond Lane, 400 feet from the intersection with Senseny Road, and adjacent to the Carlisle Heights subdivision, and is identified with P.I.N.s 55-A-206,65-A-30 and 65 -A -31 in the Stonewall Magisterial District. Action - Tabled; Applicant Waived Time Requirement Frederick County Planning Commission Minutes of March 3, 1999 Page 317 1Z • Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments for each of the three rezoning applications. He said that the cumulative total for all three rezonings is approximately 355 acres to be rezoned from RA to RP with the remaining 22 acres being rezoned from RA to B2. Mr. Wyatt pointed out the location of each of the properties on display maps. Mr. Wyatt continued, stating that three potential impacts have been identified by the staff: transportation, school facilities, and solid waste convenience centers. He said that the proposal is consistent with the land use patterns identified in the Comprehensive Policy Plan and the general road network layout is consistent with the Comprehensive Policy Plan's Eastern Road Plan Map. Mr. Wyatt said that the Frederick County Public Schools and the County Engineer express concern with the impacts this proposal would create to their facilities, while staff has identified the need to adjust secondary road improvement priorities to fund future improvements to the road systems within the proximity of the properties. Mr. Wyatt added that the applicant's proffer statement provides significant concessions to offset the impacts created by the rezoning; however, the staff has concerns regarding the ambiguity of some of the proffered conditions which could make the timing for enforcement difficult. He said that the staff believes that many of these issues could be clarified through the submittal of a proffered generalized development plan which ties the proffered conditions for the construction of building lots, road segments, traffic signalization, pedestrian walkways, and other applicable development issues into a specific phasing plan. A member of the Commission asked the staff if the WATS plan shows Charming Drive going out to Route 50. Mr. Wyatt replied that Charming is defined as a major collector road and is ultimately envisioned to provide access from Route 7 all the way through to Route 50 East, however, this application alone would not get it there. He said that the ultimate design of the various subdivisions in this area, as they ® come into development, eventually would. Mr. Sager stated that a 15 -acre portion has been proffered for a school site; however, the County normally only looks at sites for schools that are 25 -30 acres. Mr. Wyatt pointed out that normally, the County looks at larger school sites because there is a partnership with the County Parks & Recreation Department. Mr. Wyatt explained that this site would strictly accommodate a school and would not have a Parks & Recreation opportunity; he explained that the School System is very aware of this site and are studying the property's feasibility. Mr. Sager said that he is concerned because just across the street, over in the Redbud area, there is a 100+ acre site which the County had designed for schools, and it seems like a moot point to designate another school site less than a mile away. Another Commissioner said that if the parcels are considered together, there will be 355 acres of RP -zoned land which will require a minimum of 15% and a maximum of 30% open space, which calculates to approximately 56 acres of open space. It was pointed out that if you subtract the 15 -acre school site and the areas of steep slopes, there may be only 28 acres of "building property" that would need to go into open space on this development, which is not much of a contribution. Mr. Mark Smith with Greenway Engineering, the design engineers for the three rezonings, gave a brief history of how the project proposal and overall road network was accomplished. Mr. Smith explained that approximately in June of 1998, a couple of local builders were considering the Giles farm for development. He stated that in working with the Comprehensive Policy Plan, they proposed a revised road network that the Commission has reviewed several times and endorsed. He said that they arrived at a situation Frederick County Planning Commission Minutes of March 3, 1999 Page 318 where they realized that Charing Drive needed to be built and that aroused consideration of the Lynnhaven project. Mr. Smith said that a cost- sharing arrangement to build Charing Drive was worked out. He explained that as feasibility studies continued, along with discussions on the development potential of the property, the sewer capacity issues were considered, which brought the third property into play, the Sheppard/Futral property. He said that although the Sheppard/Futral property owners do not want to sell their property for a few years, they wanted to be included in the future planning effort. Mr. Smith next discussed the neighborhood commercial area, the entrance and streetscaping, the community recreation center, and the trail system. Regarding the school site, Mr. Smith said that they've had three meetings with representatives of the school system. He said that school representatives agreed to the 15 acres, partly because they will be provided road access, water and sewer, and off -site storm water management. Mr. Smith next discussed the proffers dealing with road planning and water issues. He believed the biggest commitment was the $75,000 that will be available at the time of rezoning for a traffic signal and improvements to Senseny and Greenwood Roads. He added that a pump station, designed to serve all three properties, will be built by the developers and then turned over to the Sanitation Authority for ownership and maintenance. Mr. Smith continued, stating that meetings were held with various homeowners groups and most of the attendees said they did not have problems with the plan, but were more concerned with the affect of increased development on the school system and the quality of education. Mr. Smith requested that the rezonings be tabled without a time frame, so they could rework the proffers in an acceptable fashion. There was discussion between the Commission and Mr. Smith about the traffic situation. Commission members believed that a detailed traffic analysis needed to be submitted by the applicant. ® Mr. Jerry Copp, VDOT's Resident Engineer, and Mr. Norman Sparks, VDOT's Assistant Resident Engineer, came forward to answer questions from the Commission. Commission members wanted to know what level of service could be expected along Senseny Road, considering its present condition, once the development is built. They also wanted to know what could be expected at the intersections, and in the future, would there be a necessity to four -lane Senseny Road. Mr. Copp replied that VDOT is not only considering these three properties proposed to be rezoned, but the other properties between Route 7 and 50 that have already been rezoned. Mr. Copp stated that they are uncertain if, and when, Channing Drive will be built from Valley Mill Road to Senseny Road and when Charing Drive will be constructed from Senseny Road to Route 50. He said that there are many questions that they do not have the answers for at this time. Mr. Copp said that VDOT will be looking for the developer or the County to provide them with a traffic impact analysis with a level of service according to phases of development; VDOT will then review the analysis and determine if it is correct. Regarding the Greenwood/Senseny Road intersection, Mr. Copp said that VDOT will be advertising Greenwood Road construction, between Senseny Road and Valley Mill Road, in Spring of 2000 and a traffic signal at Greenwood Road and Senseny Road will be included as a part of the project. He said that no VDOT right -of -way is available along Senseny Road for widening purposes. He did not believe Route 37 would be constructed in this general area at any time in the near future. Members of the Commission asked Mr. Copp if he and his staff would be agreeable to reviewing an analysis to predict the level of service at various intersections under different scenarios; for example, a level of service without the connection to Valley Mill Road or the connection to Sulphur Spring Road. Mr. Copp replied that they would certainly want to review that, along with other scenarios to determine • Frederick County Planning Commission Minutes of March 3, 1999 Page 319 -10- the impacts to the overall road network within this area. Mr. Copp said that all this will be examined in • conjunction with all the other impacts that are occurring everyday in this location. At this point, Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Richard Crane, Stonewall District, came forward to endorse the rezoning proposals. Mr. Crane said that he realized when he moved here that growth would occur and development would eventually line the entire Senseny Road corridor. He said that he wanted that growth to be planned, single - family dwelling communities and that is exactly what these three rezoning propose. Mr. Crane believed that the County should work with the developers to gain as many amenities as possible. Mr. Scott Gregory, Back Creek District, stated that he was one of the spokesman for Friends of Frederick. Mr. Gregory was concerned about the cost of residential growth. Mr. Gregory believed that the growth should be slowed down and be paid for as it occurs. Ms. Barbara Van Osten, Back Creek District, had many questions about the long -range impact that the proposed rezonings would have on Frederick County, such as: status of water resources, a build -out analysis for urban and rural areas, the ratio of industrial to residential development, and the impact to the school system. Ms. Van Osten urged the Commission to table the request until the carrying capacity of the County was determined. Mr. Blaine Dunn, resident of Bedford Village, was concerned about the previously -zoned RP areas that did not have to submit proffers and will take another five to ten years to develop. Mr. Dunn inquired why the Commission would consider rezoning additional land when there were already enough RP -zoned areas that have not yet been built upon. He was also concerned about the additional traffic impact to Senseny Road. Mr. Dunn suggested that there be a planned park, or some other area designated for the children to play, besides on the streets. Mr. William Rinkenburger, homeowner at Carlisle Heights, was concerned about overcrowding of schools, especially the Redbud Run Elementary School, and the effect of overcrowding on the quality of education provided. Because of the size of the facilities at the school, he believed that some children would be cheated on their library time, computer time, gym time, etc. Mr. Rinkenburger was concerned about how rapidly this area of the County was growing and he felt steps should be taken to slow the rate of growth down. Mr. Wayne Nicholson, resident at 123 Princeton Drive in the Shawnee District, was not convinced that the whole school issue had been examined thoroughly enough. He wondered if the trips per day associated with the proposed school were included in the traffic figures calculated by the applicant. Mr. Nicholson inquired if the City of Winchester was informed about the proposed rezoning because of the traffic impacts this proposal would create on the City. He inquired about whether the proffers were legally binding if the property was sold; and, he inquired if research was done to determine if any battlefields or historic areas were located on the property. Mr. Nicholson recalled that the Opequon Sewage Treatment Plant flooded within a short time after it opened and he wondered if the topography was considered in relation to the Opequon Creek and the surrounding hilly terrain. Mr. Nicholson believed that RP Zoning was going to be the ruin of Frederick County and he believed the County would soon reach a point when all the apple orchards were gone. Mr. Frederick County Planning Commission Minutes of March 3, 1999 Page 320 ® Nicholson was opposed to the rapid growth that was occurring and its effect on the quality of life for the residents of Frederick County. Mr. Daryl Bean representing his mother, Mrs. Martin L. Bean, resident at 561 Bean Pond Lane, said that his mother does not approve of the proposed project. Mr. Bean said that his mother has lived on Senseny Road since 1961, when it was very rural, and they have watched the area grow. He said that some of the growth has been good, but he believed that some hadn't been planned the way it should. He believed that eventually, this land will be developed; however, he believed the road system, especially Senseny Road, needed to be addressed because of the traffic problems. Mr. Bean also believed the school situation needed to be addressed because of the overcrowding. Mr. Bean said that he appreciated Mr. Smith working with them to give them different road options on the property to his mother's, however, they are still concerned about her privacy, her right -of -ways, and her easements. Mr. Greg Bancroft, a resident of Frederick County since 1992, said that he was one of the persons hoping to get this property rezoned. Mr. Bancroft wanted to share with the Commission his and his partner's vision of what they planned for this area. He said that when they started working with staff over a year ago, the staff encouraged good planning and stressed the importance of working with VDOT, the Sanitation Authority, and the necessity to rework the Comprehensive Road Plan. Mr. Bancroft said that many people have asked him where they could find a home in a planned community in Frederick County that has curb and gutter, sidewalks, recreational areas, and/or a trail system that leads to a school. He stated that these types of communities are not available in the County. Mr. Bancroft believed their proposal fits the description of what many people are searching for and he believed this development would be a benefit to the County. Mrs. Gina Forrester, resident of the Stonewall District, said that she was representing 120 • homeowners in the Apple Ridge Subdivision. Speaking for herself and the Apple Ridge homeowners, Mrs. Forrester believed that the County's infrastructure could not handle the additional growth that this rezoning would create and the impacts created would negatively affect their quality of life. Mrs. Forrester raised the following issues: the increased traffic on Senseny Road, the desire for no tractor trailers on Senseny Road, the opinion that there already was a sufficient amount of land zoned for residential development; the desire for no duplex or multiplex units because of the increased density; the amount of money it would cost to construct an additional solid waste facility to accommodate additional development; and, the cost of building additional schools and personnel salaries. Mrs. Forrester wondered where will the funds would come from. Mrs. Forrester stressed that the County did not have the school capacity or the road capacity to handle this kind of growth and the applicant's proffers did not come close to mitigating those impacts. Mrs. Janita Giles, one of the owners of the Giles farm, spoke in favor of the proposed rezoning. Mrs. Giles believed that the gentlemen who designed the plan did a very good job and that it would help development east of the City. Mr. Claus Bader stated that he is employed by Greenway Engineering, he is a landowner in Frederick Heights, and he was also purchasing a lot in Senseny Glen. Mr. Bader believed that this proposal would not increase the number of building permits issued per year, but wouldjust draw more people from other subdivisions in the area. Mr. Bader said that he supported the proposed development and believed it was a good plan. Mr. Charles Pinkam, Vice - President of the Homeowners Association of Section I in Pioneer E Frederick County Planning Commission Minutes of March 3, 1999 Page 321 -12- • Heights, stated that he represented 159 property owners in stating that they are unanimously against the proposition primarily on the basis of school impacts and taxes. Mr. Wilson Gilbert, President ofthe P.T.O. for both the Senseny Road Elementary School and the James Wood Middle School, stated that there are children in the Senseny Road area, who are in the fifth grade, who have been relocated to schools three times without ever leaving the same house. He was very concerned about the overcrowding of schools. Mr. Gilbert believed that growth at this accelerated speed had to stop. Mr. Kenneth Y. Stiles, former Chairman of the Frederick County Board of Supervisors, and resident of the Stonewall District, stated that this property has been identified for residential use for more than 25 years. Mr. Stiles said that the best way to protect the rural parts of Frederick County is to allow development to occur where it is designed to occur and where the services are in place, such as with this location. He continued, stating that whether this project is approved or denied, next year the County will issue somewhere between 650 -700 residential building permits; the number of building permits issued next year will not be a result of whether or not this rezoning is approved. Mr. Stiles believed that in a county the size of Frederick, with a population of 55,000, an additional 500 -600 houses per year would not overwhelm us with growth. Mr. Stiles next spoke about the schools and overcrowding issue. Using the School Board's figures, Mr. Stiles stated that the elementary schools in Frederick County were approximately 800 students below capacity. He agreed that Redbud Run Elementary School is overcrowded; however, the four elementary schools whose attendance zones are adjacent to Redbud Run -- Stonewall, Senseny Road, Robinson, and Armel, are all 100+ students below their capacity. Mr. Stiles also stated that the enrollment in the two high schools, ® James Wood and Sherando, is exactly the same this year as it was last year; and, in fact, Sherando's enrollment is down this year from last year. Mr. Stiles suggested that before the Planning Commission made a decision on this, that the Commission specifically tie down the completion of Charming Drive through Fieldstone to Valley Mill Road to get traffic off Senseny Road. He also suggested that the Commission address the issue of getting the bridge replaced at Dr. McHale's on Valley Mill Road which, as it is now, is and will become a worse bottleneck. Mr. Stiles concluded that this is good, long -range planning. He said that it has been suggested that a prudent approach needs to be taken and he believed that 79 units per year and 31 elementary students per year certainly qualified as prudent. Mr. Scott Straub, resident of the Stonewall District, compared the growth in Frederick County to the growth in Loudoun County. Mr. Straub believed the idea of building little feeder roads out to Valley Mill Road to get out to Route 7 was ludicrous because Valley Mill, Greenwood, and Senseny Roads were little two -lane roads. Regarding long -term traffic planning, he believed the County needed to look all the way out to Pleasant Valley. He believed that Frederick County was not ready to absorb this kind of growth. Mr. Randy Forrester, resident of the Apple Ridge Subdivision in the Stonewall District, stated that this proposal is not in the best interest of the citizens of the County at this time. Mr. Forrester believed that the County has already approved enough residential areas to keep area builders busy for over ten years. Regarding the subject of overcrowding of schools, Mr. Forrester disputed the school capacity figures previously Frederick County Planning Commission Minutes of March 3, 1999 Page 322 13- reported by one of the citizens who previously spoke, stating the figures were architectural capacity figures and not practical capacity figures. He said that the empty seats in question come from shared computer labs, smaller classes for special education, and art and music rooms. He continued, arguing that the applicant's school proffer does not meet the needs of even this proposal, let alone offset the cost to the County to build, staff, and supply a school at this site. Mr. Forrester next stated his concerns about the traffic impacts and the cost of a new solid waste facility. Ms. Katherine Winesong, resident of the Back Creek District, was concerned about the availability of water resources and the lack of a detailed water study. She felt the County needed to first determine if there was enough water to take care of the existing residences, before approving additional development. Ms. Audrey H. Gleske, resident of Gore in the Gainesboro District, said that the governing bodies, the citizens, and the school board should work together towards acquiring the necessary funds to support growth. She spoke about a defeated impact bill, Senate Bill #693, which would require subdivisions, approved prior to the proffers mandate, to pay impact fees at the time of building permit application. Ms. Gleske stressed the need to go back to Richmond and petition to have this bill re- issued. In addition, she said that House Bill #2324, a special use permit, would also have given local jurisdictions more control over growth. She said that because our legislators in Richmond turned this down, it negated our ability as residents to say that we do not want a particular development. Mrs. Gleske also believed that the County's real estate taxes needed to be increased. She concluded by saying that growth was good, as long as it was controlled growth. Mr. Philip Mew, ten -year resident of Frederick County in the Shawnee District, spoke in favor of the proposed development. Mr. Mew pointed out that this will be a planned community with homes, • businesses, and educational and recreational areas; he believed this was the type of well- designed, well - planned community that Frederick County needs. He pointed out that the development would take ten years to complete. Ms. Marcella Vance, Vice - President of the P.T.O. on Senseny Road and resident of the Apple Ridge area, stated that Senseny Road Elementary School currently has 463 students and it has a capacity of 550. Ms. Vance said that next year, when Red Bud Run kindergarten comes over, it will put the school at capacity; she said that this doesn't include the 250 homes that have already been approved on Greenwood Road. She also mentioned the number of lots in Apple Ridge and the number of potential elementary students there. Ms. Vance stated that Frederick County teachers aren't getting the pay that Loudoun County teachers are getting; she believed the quality of education in Frederick County was lacking. She said that parents are pulling their children out of public schools to home - school them. She believed that Frederick County needed to re- evaluate approving 846 new homes when the schools were already at capacity. Mr. John Lamanna, resident of Shawnee District and President of the Frederick County Schools Council, stated that the Frederick County Schools Council is a group of volunteer parents, each representing the P.T.O.s of the local schools, whose mission is the quality of education in Frederick County. Mr. Lamanna said that over the past ten years, Frederick County schools have grown at a rate of three times the state average. He said that the proposed school board budget recognizes a projected enrollment of 10,697- - which is up 272 students for this year. He said that unfortunately, our high schools are crowded and the school board budget includes three modular classrooms for each one of our high schools. Mr. Lamanna stated that, as previously mentioned, Senseny Road will be at capacity, Red Bud is over capacity, and those are two feeder Frederick County Planning Commission Minutes of March 3, 1999 Page 323 -14- ® schools to James Wood Middle School, which is also crowded. Mr. Lamanna believed that County schools were in trouble, they are crowded; he remarked that we see this through behaviors and through the quality of education being offered. Mr. Lamanna concluded his statement by saying that he was not against growth, but he was for planned growth. He said that it was time for the County to take a stand and allow our schools to be ahead of the curve, rather than behind it. Mr. Dwayne Bean, son of Mrs. Martin Bean, an adjoining property owner, spoke about the congested traffic in this area. Mr. Bean said he lived only three miles from his mother, but it takes 20 minutes to drive to her home because of the traffic. Mr. Bean added that when he attended James Wood High School, his classes were held in the auditorium in 1963 because of overcrowding. He remarked that he didn't like that; however, he cared more so when two years later, Handley High School raised teachers' salaries and all the good teachers left James Wood to go to Handley. Miss Dusty Golden, a student of James Wood Middle School, said that she rides to school on a crowded bus, with three to four children per seat, to an at-capacity school. Miss Golden stated that if we can not provide for the students we have, why do we want to add more fuel to an already out -of- control fire. Mrs. Golden, Dusty's mother, said that she was seriously considering at -home schooling for her children because of the over - capacity conditions at Frederick County schools. She said that she was tired of her children being transferred from one school to the next because of poor planning by the County for the growth that is presently taking place. Mr. Bob Pownall, resident of Shawnee District, inquired about who would be responsible for the maintenance and taxes of the proposed school, trail system, and recreation center, once it was built. He is raised the subject of the County's Impact Model, whereby the Board of Supervisors agreed with the Top of Virginia Builders Association in implementing the model beginning at 50% and then increasing it at 5% per year. Mr. Pownall said that in light of the fact that the old model was already eight years old, the County will be playing catch up. He also recalled that at that same Board session, a budget freeze on County departments was announced by the County Administrator. Mr. Pownall added that the Top of Virginia Builders Association boasted that the home construction industry was the biggest industry in Frederick County. Mr. Pownall said that he expects some growth, but he believed that the County could not maintain its present tax base while continuing to grow at this accelerated rate. Mr. Pownall concluded by mentioning a state legislation bill that was killed and that some of our representatives encouraged that; however, it would have given the Planning Commission and Board more capability towards encouraging smart growth. Mr. Paul Morgan, five -year resident of the Stonewall District, said that he was a parent of children in Frederick County's elementary school system and he opposed the rezoning. Mr. Morgan said that judging by the way the County has handled growth issues related to schools, especially at the recent budget hearings, it appears the County does not see the need to develop the educational infrastructure of public schools. He believed that this was not just a physical space issue, but a quality of education issue that requires investment and top -notch staff and curriculum. Mr. Morgan next read some student enrollment figures for several of the elementary schools and he also gave some lot figures on area subdivisions that are expanding, such as the Greenwood Road subdivisions, Carlisle Heights, and Regency Lakes. He said that growth must be funded and we need to give the schools a chance to catch up. Miss Vance, a junior at Sherando High School and resident of Apple Ridge subdivision, said is Frederick County Planning Commission Minutes of March 3, 1999 Page 324 - 15 - is that she travels 22 minutes to get to school. Miss Vance said that the two busses assigned to Senseny Road are overcrowded and this does not include students who drive to school. She continued, stating that school hallways are overcrowded and she has classes where every single seat is filled and still, more students are sent into the classroom. Ms. Vance said that the overcrowding creates a difficult learning environment for her because of the disruptive behavior it creates. She did not see where more children could be placed; she said that there were already three modular classrooms outside. She commented that she has lost friends due to the splitting of schools and she didn't feel that was right. Ms. Pat Gochenour, resident of the Shawnee District, said that she was proud of the people that spoke this evening and she hoped that the Commission would be good stewards of the land. She was concerned that development had destroyed all of the wetlands around her home. Mrs. Gochenour stated that as an educator, she believed the students in Frederick County were not getting the quality of education they deserved and she blamed it on the overcrowded conditions. She believed that splitting neighborhoods so that some children go to one school and others go somewhere else was causing children to lose their sense of community. She also pointed out that her area has been in a crisis situation over water. Mr. Mike Boda, resident of Gainesboro District, agreed with Mr. Stiles' comments that "X "number of houses will be built next year, whether this plan is approved or not. Mr. Boda said that having been in the building business for 23 years, he believed this was the finest development plan he has seen in all those years. He said that he has worked in a professional capacity with the applicants for four years and he believed they should be recognized as true professionals. He stated they have done an excellent job with the homes they've built in the past and he expected this development to be no less. Miss Jessica Forrester, a student in the Frederick County School System, said that she has ® attended three overcrowded schools. Miss Forrester said that she first attended Armel School, from Kindergarten through fourth grade, which was 22 miles away from her home. She said that she made good friends at Armel, but all her friends lived far from her home. Miss Forrester told the Commission that she was then transferred back to Senseny Road, which was only two miles away from her home all along. She said that she is now at James Wood Middle School and it also is very crowded. Mr. Larry Duncan, a native of Winchester and a Frederick County businessman who currently resides in Clarke County, pointed out that approximately 100 people braved the severe weather and missed the Barbara Walters' interview with Monica Lewinsky to show their concern for this project. Mr. Duncan said that if this rezoning was tabled, the growing opposition movement could double or triple that amount. He stated that the points of this case are traffic and schools, and he did not feel the applicant could come up with anything material enough to eliminate those basic points of contention. Mr. Duncan requested that the Commission act on the rezoning this evening. Mr. Philip Lloyd, resident of the Stonewall District, said that he is originally from Fredericksburg, Virginia, which went through tremendous growth in the `70's and `80's. Mr. Lloyd believed that this project should not be approved until the roads are taken care of and the school situation is rectified. He has observed that traffic bottlenecks badly at Greenwood Store; he was also concerned about the costs for additional fire, rescue, and sheriff's services. Mr. Dave Hepler, resident of Senseny Glen, said that he was in favor of the proposed development. Mr. Hepler believed this was a wonderful development plan and that it would complement the • Frederick County Planning Commission Minutes of March 3, 1999 Page 325 -16- existing homes in the area. • Mr. Bob Giles, resident of the Stonewall District, came forward to speak on behalf of the owners of the Giles farm. Mr. Giles said that they have had their farm for sale for several years; he said that his family is not making a lot of money on this sale, they are in debt. Mr. Giles explained that they've sold all their cattle because there is no pasture to raise cattle on; he said that with shale ground, you don't get pasture unless you have a good, rainy season. Mr. Giles stated that they have been approached by several developers, but these folks presented a well thought -out plan with single - family homes. He said that speaking for the Giles family, we didn't want just anyone coming in and building townhouses and multiplex dwellings. Mr. Charles Pitcock, resident of Frederick Heights and a retired police officer, was concerned about the costs of patrolling increased crime and traffic accidents. He was also concerned about the possibility of increased taxes to pay for growth and the effect on retirees who are on a fixed budget. Mr. Pitcock believed that growth needs to slow down and there was too much traffic. Mr. Wayne Nicholson, from Shawnee District, came back to the podium and requested that the numbers, facts, and figures presented by all represented parties be looked at very carefully. Mr. Forrester, Stonewall District resident, returned to the podium to state that he thought the proposed project called for duplexes and multiplexes. Mr. Forrester also announced that there were 160 people in attendance for this hearing. He also brought to the Commission's attention that, in only five days, they were able to get 360 signatures on petitions of opposition. Mr. Greg Bancroft, one of the proposed developers, returned to the podium to refute a ® statement made earlier about the types of homes planned. Mr. Bancroft stated that their plan is to have 100% single - family homes, with some patio homes. Ms. Diane Shuck, resident of Apple Ridge and adjoiner to the Giles farm, said that their community is small and they feel safe. She said the proposed plan is a wonderful plan, but it seems too big, and she believed it would affect her family's feeling of safety and security. Mrs. Alice Giles, one of the owners of the Giles farm, pointed out that many of the people that spoke in opposition have the luxury of her property. Mrs. Giles stated that they want to sell their property. She argued that all of the people who spoke in opposition came to Frederick County from somewhere else, while she and her husband have lived on Senseny Road for over 35 years. Mrs. Giles said that she never spoke against people coming into the County to build their home, or spoke against their children going to Senseny Road School. She said that she and her husband are helping to pay the taxes to send those children to school. She said that the people in opposition would not like someone telling them that they couldn't sell their home. She believed this was a well thought -out project and it will occur in phases. As all members of the audience had an opportunity to speak, Chairman DeHaven closed the public comments portion of the public hearing. Members of the Commission pointed out that the County's designated rural areas are west of Interstate 81; they stated that development needs to occur in areas east of 81, in the County's Urban Development Area (UDA), so that our rural areas west of 81 may be maintained. They pointed out that growth Frederick County Planning Commission Minutes of March 3, 1999 Page 326 17- will continue in Frederick County at the same rate it has been, even if this rezoning is not approved. They • noted that a large portion of the 600+ building permits issued per year are occurring outside of the UDA, maybe as many as 35 %40 %, and this is eating up our rural land five acres at a time, not quarter or half -acre lots at a time. Commission members stressed the need to keep development within the UDA, so that it is not sprawling allover the County, ruining our viewsheds. Commission members stressed their desire to see master planning for large areas of land, so that they can see the bigger picture, so that there is an opportunity to signalize, to build roads, to have open spaces, and parks and recreation trails, etc. Members of the Commission did not believe that this development would destroy the quality of education offered in Frederick County. The Planning Commission believed that this developer had done an excellent job of bringing before the Commission a large, master planned area inside the UDA. They believed the problems could be mitigated. The Commission continued their discussion, stating that there were several issues that needed to be addressed before they could recommend approval of the proposal. Specifically, they requested that the applicant prepare a detailed traffic analysis providing levels of service under different scenarios. Further, this analysis needed to be reviewed by the VDOT staff at Edinburg and their comments submitted to the Planning Commission. They believed that access to Route 7 needed to be tied down and a commitment made, and the bridge at the McHale farm also needed to be addressed. Also mentioned was the plan to re -route Valley Mill Road to another location through here, and it was possible that this issue needed to be considered because it would have an impact on the phasing of this development. Commission members said that phasing will have to be associated with the traffic levels of service and the other issues that have already been mentioned this evening. They asked that the applicant re- address the proffers and the school site issue. Finally, Commission members believed the solid waste issue needed to be dealt with and, hopefully, the developers will provide a site where this could be accommodated. is Members of the Commission believed that by properly addressing these issues, they would be in favor of the rezoning, primarily because the request is in the proper location and development of this area will eventually occur. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning #05 -99 of Giles Farm, submitted by Greenway Engineering, to rezone 140.2 acres from RA (Rural Areas) to RP (Residential Performance) , and 12.0 acres from RA (Rural Areas) to B2 (Business General) with a waiver of the time requirement, per the applicant's request. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Application 406 -99 of Sheppard/Futral, submitted by Greenway Engineering, to rezone 132.70 acres from RA (Rural Areas) to RP (Residential Performance) with a waiver of the time requirement, per the applicant's request. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Application #07 -99 of Lynnehaven, submitted by Greenway Engineering, to rezone 81.4 acres from RA (Rural Areas) to E Frederick County Planning Commission Minutes of March 3, 1999 Page 327 -18- RP (Residential Performance) and 10.0 acres from RA (Rural Areas) to B2 (Business General) with a waiver of the time requirement, per the applicant's request. (Commissioner Light abstained from voting on this rezoning, #07 -99 of Lynnhaven.) ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by Respectfully submitted, Charles S. DeHaven, Jr., Chairman E • Frederick County Planning Commission Minutes of March 3, 1999 Page 328