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HomeMy WebLinkAboutPC_11-03-99_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 3, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice - Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District, Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; S. Blaine Wilson, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director /Secretary; Michael T. Ruddy, Zoning Administrator; Mark R. Cheran, Planner 1; Amy M. Lohr, Planner I; and Renee' S. Arlotta, Clerk. . CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. PUBLIC HEARINGS Conditional Use Permit 418 -99 of Michael M. Milam for an expansion of his landscape contractors' business and garden center (Ref: previously approved CUP #012 -97). This property is located at 2186 Northwestern Pike and is identified with P.I.N. 52 -A -B in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions i s Frederick County Planning Commission Minutes of November 3, 1999 Page 431 -2- Chairman DeHaven said that he would abstain from discussion and voting on this application • due to a possible conflict of interest. He then turned the chair over to Vice- Chairman Marker. Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran said that the proposed conditional use permit (CUP) is for an expansion of a previously approved landscape contracting and garden center, referenced as CUP 4012 -97. He explained that this expansion is for an additional 9,600 square feet of open and enclosed display areas, and outdoor storage areas located toward the front of the property, adjacent to Northwestern Pike. Mr. Cheran continued, stating that a land use plan, tailored to the Round Hill Community, has been developed as a part of the Frederick County Comprehensive Plan and recommends that visual disruption to the Route 50 corridor be minimized by controlling the size, location, and number of signs. Mr. Cheran stated that staff is recommending limiting the number of business signs to one and limiting a maximum of 50 square feet in area to achieve this objective. Mr. Cheran also noted that an engineered site plan will be required for the proposed expansion. Commission. Mr. Michael M. Milam, the applicant, was available to answer questions from the There were no public continents and no issues of concern were raised by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • approval of Conditional use Permit # 18 -99 of Michael M. Milani for a Landscape Contractor's Business and Garden Center at 2186 Northwestern Pike with the following conditions: L All review agency comments must be complied with at all times. 2. An engineered site plan shall be approved by the County. 3. One (1) business sign shall be allowed along Northwestern Pike (Rt. 50); this sign shall be limited to a maximum of fifty (50) square feet in area. 4. Any expansion of use or change of use would require a new Conditional Use Permit. Conditional Use Permit #24 -99 of Rhoda Kriz to establish a Bed & Breakfast as a Cottage Occupation. This property is located at 547 Apple Pie Ridge Road and is identified with P.I.N. 42 -A -206 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner I, read the background information and review agency comments. Frederick County Planning Commission Minutes of November 3, 1999 Page 432 -3- In addition, Ms. Lohr stated that the proposed use will take place in the existing house and the applicant has identified three rooms which would be rented in association with the bed and breakfast operation. She further stated that in evaluating the site, it was evident that the dwelling in which the business will occur is adequately screened from all adjoining properties by mature vegetation; and, in addition, the dwelling is located approximately 800' from the Apple Pie Ridge Road right -of -way. Ms. Rhoda W. Kriz, the applicant, was available to answer questions from the Commission. There were no public comments. No issues of concern were raised by the Planning Commission. They believed that the proposed use would not impact the existing community in a negative manner. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #24 -99 of Rhoda W. Kris for a Cottage Occupation to operate a Bed and Breakfast at 547 Apple Pie Ridge Road with the following conditions: I . All review agency comments and requirements shall be complied with at all times. 2. In accordance with cottage occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. • 3. No more than three bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion of the bed and breakfast shall require a new conditional use permit. Conditional Use Permit 925 -99 of Andrew Reh to establish a Cottage Occupation for an Ice Sculpting business. This property is located at 8068 Valley Pike and is identified with P.I.N. 91 -1 -A in the Opequon Magisterial District. Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner I, read the background information and review agency comments. Ms. Lohr stated that this application is to allow a cottage occupation within an accessory structure and, specifically, will allow one non - resident employee, the applicant, to operate an ice sculpting business from an existing garage. She continued, stating that the adjoining properties appear to be adequately separated from the location of the proposed use and the garage is located approximately 40' from the Route 11 right -of -way. Ms. Lohr stated that there will be no excessive noise or odor resulting from the operation. She said that there will be no retail element on the site, however, occasionally, a service truck will deliver ice to the site. Mr. Andrew Reh, the applicant, and Mr. Harold Gardenhour, the owner, were available to • Frederick County Planning Commission Minutes of November 3, 1999 Page 433 I M answer questions from the Commission. • There were no public comments. In response to a question from the Commission, Mr. Reh said that he would be adding a self - contained refrigerator inside of the garage for ice storage. Mr. Reh said that he anticipates his services to be used by restaurants and hotels in the metro area. No issues of concern were raised by the Planning Commission. Based on the limited scale of the proposed business, the Commission believed that the business could operate without significant impact on adjoining properties. Upon motion made by Mr. Romine and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #25 -99 of Andrew Reh for a Cottage Occupation to operate an ice sculpting business at 8068 Valley Pike with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with cottage occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No additional employees shall be permitted. 0 4. No retail sales shall occur on -site. 5. Any expansion of the approved cottage occupation shall require a new conditional use permit. UPDATE OF THE 2000 -2001 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, presented the 2000 -2001 Secondary Road Improvement Plan Update to the Commission. Mr. Ruddy stated that the Transportation Committee reviewed the annual update at their October meeting and forwarded a recommendation of approval with some minor changes. He next reviewed each of the major sections of the plan and briefly discussed the highlights of each section with the Commission. Mr. Jerry Copp, Mr. Norman Sparks, Mr. Ben H. Lineberry, Jr., and Mr. Steve Melnikoff all of the Virginia Department of Transportation, were available to answer questions from the Commission. 0 Frederick County Planning Commission Minutes of November 3, 1999 Page 434 -5- Chairman DeHavcn called for public comments and the following person came forward to speak: Ms. Marie Straubaugh, a resident along Senseny Road, inquired about the improvements for the area of Greenwood Road/ Sulphur Springs to Route 50 and the other end of Greenwood Road. She said that both of these roads were very dangerous. Mr. Norman Sparks said that the Rt. 655/Rt. 656 Project would be the same concept as Route 656 to the north, which involves reconstruction from Senseny Road all the way to Route 50. Regarding the north end of Greenwood, Mr. Sparks said that VDOT is now obtaining right -of -way and hopefully, it will be advertised around March of 2000. Members of the Commission were in favor of the plan as presented, and upon motion made by Mr. Thomas and seconded by Mr. Rominc, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2000 -2001 Secondary Road Improvement Plan including the addition of the bridge over Route 669 for the structural improvement engineering study as Item #4. (Note: Mr. Ours arrived at approximately this point in the meeting.) Rezoning Application #15 -99 of Charming Drive, submitted by Greenway Engineering, to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance), and 22.0 acres from RA (Rural Areas) to B2 (Business General). The property is located on the north side of Senseny Road, on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, and Carlisle Heights subdivisions. The site is identified with P.I.N.s 55 -A -206, 209, 211, 213, and 65 -A -30, 31, 39, 40 in the Stonewall Magisterial District. This rezoning application incorporates (and is a continuance of) the previous applications: Rezoning #05 -99 of Giles Farm, Rezoning #06 -99 of Sheppard /Futral, and Rezoning #07 -99 of Lynnehaven, which were heard at the March 3, 1999 Planning Commission meeting. Action - Recommended Approval Mr. Kris C. Tierney, Planning Director, said the Planning Commission held a public hearing to consider the rezoning of the eight identified parcels on March 3, 1999. He said that the applicant had requested that the Commission table the application to allow them time to adequately address concerns which had been raised during the public hearing. Mr. Tierney said that in the time that has ensued, the applicant has significantly modified the application to include, among other things, a substantial traffic impact analysis. Mr. Tierney next reviewed each of the issues identified by the Commission, as well as the responses that had been prepared by the applicant. Those issues included a detailed traffic impact analysis, review of the traffic analysis by VDOT, access from Senseny Road (Rt. 657) to Berryville Pike (Rt. 7) and Frederick County Planning Commission Minutes of November 3, 1999 Page 439 PF I widening of the single -lane bridge adjacent to the McHalc property, the phasing of development, the issue of • providing a new elementary school site, and solid waste issues. Mr. Robert Sager, Board of Supervisors Liaison member, was of the opinion thatthere should be a school site in this area, so that children do not have to be bused long distances. Mr. Mark Smith of Greenway Engineering, the design company representing the applicants, replied that the school site was removed and a dollar amount, $2,628,183.77, was proffered instead, which is the amount determined by the County's run of the fiscal impact model. Mr. Tierney explained that initially, there was concern about the size of the site by some, as well as whether the County was better off getting the cash, as opposed to the 15 acres. He said that when the school officials looked at the property in detail, they felt that it wasn't entirely suitable; therefore, instead of offering a school site, the applicant is now proposing to meet our impact model forecast. Mr. Smith next explained the three scenarios that pertained to the construction of Charming Drive, which included: 1) the submission of any residential site plan that is adjacent to Charming Drive, then Charing will be constructed for the length of that section; 2) the first submission of a commercial site plan will cause construction of Charing Drive from Senseny into the commercial area; and, 3) upon reaching the 475"' unit, Charming has to be built from Valley Mill Road to Senseny Road, or no additional residential permits will be issued by the County until the completion of that segment occurs. A member of the Commission inquired about the future possibility of a route from Valley Mill to Berrvville Pike. Mr. Smith pointed out a couple obstacles, such as the one -lane bridge and a historic farm. . Mr. Smith next reviewed the levels of service anticipated on various roads. Members of the Commission expressed concern with the approach used in the traffic analysis for the initial commercial development. The concern raised was that if a major commercial chain came in the first or second year, the analysis would not be accurate if only the existing traffic was counted without including the projected potential build -out of the already zoned and approved areas, including the Charing Drive development. (Commissioner Ours left the meeting at approximately this point.) speak: Chairman DeHaven called for public comment and the following persons came forward to Mr. Dick Regan said that he had already met with Mr. Smith, however, he still had numerous questions, such as: the width of the pavement on Morning Glory Drive; concerns about traffic going east to Clarke County; the timing of the roads and connections; the future development of the space along the creek; • Frederick County Planning Commission Minutes of November 3, 1999 Page 4Y 61 -7- concern that senior citizens were not properly represented in terms of the number of units; questions about the proposed trails; the nature of the waste disposal; the proposed locations of stores; and questions concerning commercial impacts. Mr. Regan strongly recommended against any action by the Commission until these issues were addressed. Mr. Blaine Dunn, resident at 115 Bedford Drive, wanted to see the widening of Senseny Road, especially east to Winchester. He said that the two -lane road creates traffic tie -ups when school buses are letting off children. Mr. Dunn believed there should be a school site at this location, instead of busing children elsewhere. He also believed there needed to be recreation areas for the children to play. Ms. Marie Straub, a resident of the Apple Ridge Subdivision off Senseny Road and Secretary of the Apple Ridge Homeowners Association, encouraged the Planning Commission not to rezone any additional land until the infrastructure was in place to allow such a rezoning. Ms. Straub was opposed to making through streets out of the two of the dead -end streets in her neighborhood, which would connect the new development with Apple Ridge subdivision. She believed it would lower property values because Apple Ridge does not have curb and sidewalks. Ms. Straub stated that the timing for the rezoning was bad because the expansion of Oakdale Crossing had already been approved and it carried no proffers to pay for roads, schools, or other services. She noted that at full build -out, the Oakdale expansion will bring over 600 new homes with additional school children and automobiles to the Senseny Road/ Greenwood Road area. Ms. Straub believed that both those roads were very dangerous and were not designed to handle the traffic they will receive. Mr. Timothy Koppenhaver, resident at 146 Morning Glory Drive, was not in favor of making through streets out of Wayfaring Drive and Morning Glory Drive in the Apple Ridge subdivision. He was opposed because it would significantly increase the traffic in his neighborhood. He added that many of the . adults and children take advantage of the quiet streets by walking, bicycling, jogging and playing. Ms. Pat Gochenour, resident at 134 Country Club Circle and Vice - President of the Citizens for a Quality Community (CQC), stated that an uncontrollable situation has been created in Frederick County. She said that road improvements are needed as a result of the unplanned growth of the numerous subdivisions off of Senseny Road. Ms. Gochenour inquired about the water source for the proposed development. Ms. Gochenour believed that the citizens should have more input in the decision - making process. She asked the Commission not to rezone the 354 acres; she said that no amount of proffers could offset what the Frederick County leadership has allowed. Mr. Robert Wells, President of the Top of Virginia Home Builders Association ( TOVHBA), stated that the proposed plan is probably the best representation of smart growth presented to date, which the builders and developers arc in favor of, and the citizens are now demanding. Mr. Wells said that the TOVHBA has recently established two citizens groups whereby builders, developers, and citizens meet together to discuss issues concerning water, building, and resources. He announced that a series of events scheduled at Shenandoah College will take place on a monthly basis. Mr. Stanley Daywalt, member of the Board of Directors for the Top of Virginia Building Association, spoke in favor of the development; he said he was stunned, however, by all the hoops the developers and the builders were willing to jump through to make this project work. Mr. Daywalt said that the developers and builders associated with this project are local residents- -they are not from Washington, D.C. or Fairfax. He said that their children go to school here in Frederick County and they care about the quality Frederick County Planning Commission Minutes of November 3, 1999 Page 43 I of life here. 0 Ms. Wanda Giles High said that she whole- heartedly approved of the proposed development. Ms. Juanita Giles, former owner of the Futral- Sheppherd Farm, stated that she approved of what the developers and builders were attempting to accomplish with this project. Ms. Jill Johnson, resident on Morning Glory Drive in the Apple Ridge Subdivision, stated that there is a traffic problem in her area now and she could not imagine what it would be like if Morning Glory Drive was a feeder road to one of the new developments. Ms. Johnson requested that Morning Glory Drive not be converted into a through street, if the rezoning is approved. Mr. Charles Parker, Frederick County resident, said that he's seen a lot of subdivisions established that were not planned as well as this one; he believed this was the way a subdivision should be planned. He said that the builders and developers are proffering the money for this development to pay its own way and are also offering to participate in solving infrastructure problems. He believed the applicants deserved the opportunity to construct the proposed development. Mr. Bob Pownall, resident of the Shawnee District, raised concerns about the school issues. Mr. Pownall was concerned that for the past three consecutive years, school children have been bused to other areas of the County. He believed that funding should be available for school construction, for maintenance, and for teachers' salaries. Mr. Pownall stated that Frederick County residents should not resign themselves forever to overcrowded classrooms or temporary trailers for classrooms, because it was not a satisfactory solution. is Miss Dusty Golden, an eighth grader at James Wood Middle School, said that she heard an estimate that 119 middle school -aged children would be generated by the proposed development. Ms. Golden said that she has 32 classmates in her classroom this year and her teachers are already overwhelmed. She said there was not room for any additional students. Ms. Golden believed the community was not ready for this kind of development and there was no need to add fuel to an already out -of- control fire. Ms. Golden believed that schools should be constructed first and then afterwards, development could be expanded. Mr. Charles Pitcock, resident of Frederick Heights, stated that there is already too much traffic on Senseny Road and there have been some bad accidents and fatalities because Senscny Road is not wide enough. He was concerned about the water supply; he said there was a water problem this past year and water had to be rationed. Mr. Pitcock asked who would have to pay for all of this development. He was concerned that taxes would be increased and he was on a limited income. Ms. Denise Watson, resident of Pioneer Heights, requested that the Commission delay action on the rezoning until infrastructure was in place to take care of the residents who currently live in the area. Ms. Watson was concerned about the traffic and the schools situations. She said that Redbud Elementary School can not house its own kindergarten and the busing situation needs work. Ms. Watson was concerned that accreditation of the schools was less than favorable and that classrooms were overcrowded. Mr. Richard Giles, one of the property owners in this proposal, stated that County Planning Officials have requested that growth take place in the eastern part of the County because this is where the is Frederick County Planning Commission Minutes of November 3, 1999 Page 438 infrastructure is located and the soil in this part of the County is poor for agriculture. Mr. Giles believed that • the good limestone soil on the west side ofthe County should be reserved for agriculture. In addition, Mr. Giles said that the schools have been overcrowded for as long as he can remember, however, they are much better now than they used to be. He stated that this development will pay its way and meet the needs of Frederick County in the way of controlled growth. Mr. Edward Ballet said that many of the statements made by citizens about this proposal were based on emotions; however, he believed that if the facts were studied, it was obvious that this was a well - planned subdivision. He said that if Frederick County was going to grow sensibly, some sacrifices were going to have to be made. He commented that the homes in the proposed subdivision will be expensive and they are not first -time homes. He said that interconnecting roads through subdivisions are for emergency services, not for people taking short-cuts. He said that no one is going to be taking short cuts through a labyrinth of side streets when they will be able to use the four lanes on Charming Drive. Mr. Ballet said that these proposed 800 homes will not impact the area tomorrow; but will take ten years to develop. He said that with growth, people make money, as people make more money, they can afford the finer things in life. Mr. Ballet said that Frederick County will continue to grow and growth cannot be stopped, however, some people like to use scare tactics and frighten others about growth. He said that having well - thought -out plans and controlling growth is what Frederick County needs. Mr. Ballet was very much in support of this development. Mr. Gregory Bancroft, one of the property owners and a Frederick County resident, stated that he has been a builder in this area for the past ten years. He said that he has two children in Stonewall School and his partner, who is also a resident of Frederick County, has three children. Mr. Bancroft gave an owner's perspective of this development and presented a brief history of how this development came about. He commented that the trend is to have 70% of residential growth within the Urban Development Area (UDA) and • 30% outside the UDA; this will help preserve the County's orchards and farmlands. He said that residential development trends within the County indicate that approximately 600 building permits continue to be issued each year, regardless if there are 1,000 lots available. Mr. Bancroft stated that their commitment to the infrastructure is huge; the monetary figures projected by the fiscal impact model are huge. He stated that this development pays for itself, it is probably the first and only development on Senseny Road that pays for itself. Mr. Bancroft stated that they have almost gone beyond reason with this project by solving problems that are not theirs. He commented that there are those who think that the sky is falling on Frederick County and it certainly isn't. Mr. Bancroft said that he is proud to be a resident of Frederick County and plans to reside here for the remainder of his life. He said that by accepting this proposal, Frederick County will raise the standards by which all other developments will come. He added that if a commercial area is placed inside a development, the traffic will stay within the neighborhood to shop. He commented that right now, all the residents out there are getting on Senseny Road and driving to Winchester to shop. Mr. Benjamin Butler, a member of Eastern Frederick Development off of Valley Mill Road, was representing D & R Construction Company of which Dave Madison and Greg Bancroft are members. Mr. Butler believed that the proposed plan fits in very well with good planning and the proffers to this County far exceed what anyone would have seen 30 years ago. He believed the plan should be approved. Mr. Butler said that Eastern Frederick Development is committed to building a bridge across the creek; they will build it in cooperation with the Greg Bancroft and Dave Madison proposal. Mr. Butler said that he was available to lend his support to that effort. Ms. Gina Forrester, Frederick County resident, stated that it wasn't the development plan that • Frederick County Planning Commission Minutes of November 3, 1999 Page 439 I -to- people in the Senseny Road area had a problem with, but the timing of the plan. Ms. Forrester said that land already rezoned and under construction in the Senseny Road/ Redbud corridor cannot be ignored. She believed that approving the rezoning was not in the best interest of the citizens and children who live and go to school in the Senseny Road/ Redbud corridor; she said that their children are assigned to different schools every two years. She said that parents do not want their children bused to other areas of the County. Ms. Forrester believed that the Planning Commission and Board should hold off on approving this plan for a few more years. Mr. Kenneth Y. Stiles, resident of the Stonewall District and former Chairman ofthe Frederick County Board of Supervisors, said that he does not object to people voicing their opinion on any particular issue before County agencies; however, when people do speak out, they should be accurate in their facts and should not try to scare people. Mr. Stiles believed the applicants of this plan have gone above and beyond what is required, so much so that he wonders how it could be economically feasible. Mr. Stiles believed this plan represented the culmination of 25 years worth of planning by officials in Frederick County. He said there is no question that this is the best plan that he has ever seen presented. Mr. Stiles believed that overall, Frederick County schools are less crowded now than they've ever been. Mr. Stiles also pointed out that Frederick County did not have a water crises; he said the City of Winchester had a problem, but not Frederick County. Mr. Stiles said that despite other issues he sometimes has with the Sanitation Authority, the Sanitation Authority does provide the timely delivery of water and sewer service where and when it's needed. Mr. Stiles concluded by saying that he was not in support of developers' rights, but he did support property owners' rights; he said that this property will not be used for farming again. Mr. Richard Crane, resident of the Stonewall District and President of the Glenmont Village Homeowners Association, spoke in support of the proposed application. Mr. Crane said that the overwhelming majority ofthe residents that he has spoken with have the opinion that this land will be developed and they want to make sure it's developed residentially. Mr. Crane read a portion of Mr. George Giles' editorial in the March 3r edition of the Winchester Star entitled, "What Goes Around Comes Around." Mr. Crane continued, stating that if someone left Fairfax, Loudoun, or Prince William Counties to get away from growth and then settled in the Senseny Road corridor, they cannot claim to have done agood job of house- hunting. Mr. Crane believed that Greenway Engineering had done an excellent job of developing this project. He said there are some matters still to be worked out, but his taxes are paying for the Commission and staff to see that these things are taken care of, he was confident that his and other citizens' interests will be property represented. Mr. Crane stated that this is a great opportunity for this model project and for the County to have good, quality growth where everyone knows it is going to come anyway. Mr. Crane said that County planners are doing the right thing by putting residential areas together, industries together, and putting commercial businesses where they need to be to serve the citizens. Mr. Randy Forrester, resident of the Apple Ridge Subdivision, said that he had no objections to the proposed plan, but it should have been presented ten to 20 years ago. Mr. Forrester believed that the County's Board of Supervisors didn't see to that, so now the citizens of Frederick County are in the situation they are today. Mr. Forrester stated that the traffic counts were taken in the summer when people were on vacation and the schools were closed; Mr. Forrester didn't think this was "worse -case scenario" figures. He believed this plan would cost the County money, even with the proffers, before funding was available. He stated that this plan will result in increased development and the need to build additional schools and pay for increased teachers' salaries. He said that a school should be a part of this plan. Mr. Forrester asked the Commission to consider the amount of land already zoned for residential development. E Frederick County Planning Commission Minutes of November 3, 1999 Page 440 I Mr. Vaughn Fora, resident on Senseny Road and a member of the Top of Virginia Building Association, said that the issue of the "timing" of development keeps coming up. He said that no matter if projects are already zoned or to be rezoned, the facts are that over the past 10 years, Frederick County has averaged 650 homes built per year, and 30% of those are built outside of the Urban Development Area. Mr. Wayne Nicholson, resident of the Shawnee District, believed that the TOVHBA represented the interests of builders and not the citizens of Frederick County. Mr. Nicholson said that he reviewed the drawings and among other things, was concerned about traffic and schools. He commented about vehicles from the proposed development traveling down Senseny Road into the City. He asked if the City of Winchester had commented on this. He wanted to know if the interchanges for Route 37 had been tied down yet. Mr. Nicholson inquired if the fire and rescue services would be affected; whether the Greenwood Station would be able to accommodate this development or would a station be needed on Route 7, close to the elementary school. Mr. Nicholson also inquired if the proffers were legally binding; if the flood plain calculations were based on current, up -to -date maps; if a location had been reserved for a new elementary school and a new high school; how much sewage capacity will remain in the sewage treatment plant with all of the approved lots, the proposed lots, and the proposed business development. He inquired if the sewage treatment plan would have sufficient capacity or will another plant need to be constructed. He was concerned about where the money would come from to support all of this development. Mr. Nicholson asked the Commission to delay approval until the infrastructure was in place to support the development. Mr. David Rhinehart, resident on Morning Glory Drive, was not in favor of Morning Glory Drive being converted to a through street. Mr. Rhinehart said there were a lot of unanswered questions regarding the proposed development and believed the Commission should wait for more answers before voting on the matter. • Mr. Mark Kaskill, representing Quality Building Products of Frederick County, commented that schools are crowded everywhere, in every state. He said that as far as traffic is concerned, this plan was pro - active rather than re- active. Mr. Michael Wade, a resident ofthe Apple Ridge subdivision, was concerned about the busing of school children to distant schools. He was not in favor of accepting overcrowded schools as a given. Mr. Stiles came back to the podium to state that for the past 10 -12 years, continuing efforts have been made, and will continue to be made, to see that our schools are not overcrowded. Mr. Stiles said that no member of the County government is accepting of overcrowded schools - -it should be addressed and is being addressed. Mr. Mark Smith came back to the podium and answered numerous questions that were raised by the citizens regarding fire hydrants, proffers, floodplains, stormwater management, Route 37 connections to Senseny Road and Route 7, road connections in Apple Ridge subdivision, traffic counts from VDOT which were taken in March of 1999, and the types of housing proposed to be constructed. Members of the Planning Commission believed the commercial area was an integral part of this plan's success and that it needed to be built early. They believed the commercial development would reduce traffic on Senseny Road. The Commission discussed the traffic impact study with the applicant and the logistics of the second traffic impact study, which was to be submitted when the commercial area was 17J Frederick County Planning Commission Minutes of November 3, 1999 Page 441 -12- developed. • The Planning Commission was pleased with the proposal and noted that it is the kind of exemplary plan they have been working towards for years. Members spoke about the frustration of receiving rezoning requests on five and ten acre tracts because of the difficulty in planning comprehensively. They also spoke about the rapid growth that is occurring in the rural area, outside of the UDA, which creates uncontrolled unmanageable growth, with no ability for the County to realize proffers or to influence infrastructure. They believed the proposal was in agreement with sound Comprehensive Planning practices and the road network was consistent with the Eastern Road Plan. They believed the applicant's revised proffer statement and additional information reasonably mitigated the impacts to infrastructure, services, and adjoining properties, and addressed the concerns raised by members of the public and the Commission. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application 915 -99 of Charming Drive, submitted by Greenway Engineering, to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and 22.0 acres from RA (Rural Areas) to B2 (Business General) with the revised proffers submitted by the applicant. CANCELLATION OF THE NOVEMBER 17, 1999 MEETING . The Planning Staff announced that there were no pending applications for the Planning Commission's meeting of November 17, 1999. 1999 meeting. Upon motion and second, the Commission unanimously agreed to cancel their November 17, ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:45 p.m. by Respectfully submitted, C. Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of November 3, 1999 Page 442 L