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Spotsylvania County Planning Commission

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					Spotsylvania County Planning Commission
Holbert Building Board Room, 9104 Courthouse Road, Spotsylvania VA 22553 MINUTES: November 6, 2002

Call to Order: Members Present:

Mr. Ervin called the meeting to order at 7:30 p.m. D. Wayne Ervin, Chair Battlefield Richard H. Sorrell, Vice Chair Berkeley Frank S. Pohanka Lee Hill John F. Gustafson Salem James Strother Chancellor Robert E. Taylor, Jr. Livingston Hugh E. Montgomery, Jr. Courtland Raymond Utz, Planning Manager Tracey Fleming, Planning Commission Secretary Gary Mitchell, Planner Wanda Parrish, Senior Planner Mark Taylor, County Attorney A quorum was present. Mr. Sorrell gave the Invocation. Mr. Utz led the Pledge of Allegiance.

Staff Present:

Determination of a Quorum: Invocation: Pledge of Allegiance:

Announcements: None Unfinished Business: None Approval of Minutes: Motion and vote: Mr. Pohanka made a motion, seconded by Mr. Taylor, to approve the minutes of October 16, 2002. The motion passed 7-0. Reports of Committee: None Plat(s) to be presented into the record: Long Branch Ridge, Section 1 - P-2002022 Mr. Utz requested that Long Branch Ridge, Section 1 - P-2002022 be entered into the record. Motion and vote: Mr. Sorrell made a motion, seconded by Mr. Pohanka, to enter Long Branch Ridge, Section 1 - P2002022 into the record . The motion passed 7-0. Public Comment: Mr. Paul Lewis, President of Rappahannock Area Grassroots: Mr. Lewis stated that the hearing tonight should have been moved to a larger room to accommodate the anticipated crowd. He also stated that it was unfair to hear from supporters before opponents.

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Mr. Arch DiPeppe, 436 Lexington Court: Mr. DiPeppe stated he lives in Stafford, but is the Vice President of Rappahannock Area Grassroots. He stated the County needed to stand up for the ideas that make up America. Mr. John Sinnett, 4950 Lansdowne Road: Mr. Sinnett stated he agrees with both Mr. Lewis and Mr. DiPeppe. He added that those people that do not live and pay taxes in Spotsylvania County should not be allowed to speak. Ms. Nancy McNamara, 11506 General Wadsworth Drive: Ms. McNamara stated that the method for speaking at Commission public hearings is an unfair process. Mr. Don Robinson, resident of Livingston District: Mr. Robinson stated the County was doing a good job. Public Hearing(s): Mr. Utz reviewed the public hearing procedures. Mr. Ervin opened the public hearing. R01-04 Michael W. Edgerton: Requests a rezoning of approximately 0.76 acres from Residential 1 (R-1) to Commercial 2 (C-2) for an office building. The property is located at 12108 Chewning Lane (Route 707), approximately 300 feet north of Route 3. Tax parcel 23(A)5. Courtland Voting District. Ms. Parrish provided a brief summary of R01-04. The proposed rezoning from R-1 to C-2 for an office building with the proffers offered meets the majority of relevant policies in the Primary Settlement District and Route 3 Corridor Plan components of the Comprehensive Plan. The proposal also complies with appropriate guiding principles and goals outlined in the Vision of the Comprehensive Plan. In particular, this rezoning is supported by the guiding principles that “our community shall be fiscally sustainable and shall maintain a high-quality environment”. The County seeks a 70:30 balance between residential and commercial uses, which this rezoning will help the County achieve by accommodating a new or additional business and the County will benefit from the additional tax base. In meeting specific policies of the Primary Settlement District and Route 3 Corridor Plan components of the Comprehensive Plan, the proposal seeks to maintain a high-quality environment. The property is located on the fringe of a residential/commercial area, so the proposal must limit negative impacts on the adjacent residences. The scale and design of the site and building are critical, as is limiting inappropriate uses on the property. The site design is oriented toward Route 3 and the proffers limit the uses allowed on the property, as well as commit to sign and architectural standards and massing. The applicant has requested modifications to the transitional screens along the north and west sides of the property. The combination of the uses allowed, orientation of the building, and proposed buffers should limit negative impacts that the transitional screen seeks to minimize. Staff recommends approval of the rezoning as proposed with the proffer statement dated October 22, 2002. Applicant, Michael Edgerton: Mr. Edgerton reviewed his proposal and stated he hopes to bring tax revenue to Spotsylvania County that currently goes to Stafford County. Speaking in Favor: Mr. Claude Dunn, 743 Elys Ford Road: Mr. Dunn discussed the history of the County. Mr. Herb Lux, 1 Hemlock Court: Mr. Lux spoke of property rights and ask for courtesy for those to listen. Ms. Mary Tibbatts, 11922 Woodland View Drive: Ms. Tibbatts stated that Mr. Edgerton runs an impeccable business and the County would benefit from this tax revenue. Speaking in Opposition: None Mr. Ervin closed the public hearing. Motion and vote: Mr. Montgomery made a motion, seconded by Mr. Strother, to approve R01-04 as submitted. The motion passed 7-0. Mr. Ervin discussed some of the citizen's concerns about alternating those speaking for and against. 2

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Motion and vote: Mr. Ervin made a motion to alternate speaking between the two sides. There was no second. Mr. Mark Taylor stated a vote could still be called for without a second. The motion failed 1-6 (Mr. Ervin voted yes). R02-08 Dogwood Development Group, LLC: Requests a rezoning of approximately 789.5 acres from Rural & Planned Development Commercial (Ru & PDC) to Planned Development Commercial & Planned Development Housing (PDC & PDH) with proffers for a mixed use development at a maximum residential density of 2.5 units per acre overall and a maximum non-residential development of 2.2 million square feet. The property is located on the north side of Route 3 between Corter Avenue, Spotswood Furnace Road and River Road. Tax Parcels 11 (A) 32, 33, 33A, 33B, 34, 35, 35A, 35B, 35C, 36, 37, 38, 42 & 56A. The Comprehensive Plan calls for residential development in this area at a density range of 0.5 to 3.0 dwelling units per acre. Courtland Voting District. Mr. Ervin opened the public hearing. Mr. Mitchell provided a brief summary of R02-08. This development proposal is located within the Primary Settlement Area and proposes a major mixed-use project of single-family housing, including age restricted housing, and commercial uses. The applicant is proffering major infrastructure improvements; preservation of open space and historic features, improvement and dedication of the first day engagement (Battlefield Park); use of LID; phases to commercial; and sites for County facilities for the area. The proposal calls for 1,995 housing units, 2.2 million square feet of commercial/office development and maintains a minimum of 30% open space. This proposal meets or exceeds all 11-development criteria of the Zoning Evaluation and Proffer Guidelines adopted by the Board of Supervisors in February 2002. The proposal requests a density, which is in the upper one-quarter of the density range recommended in the Comprehensive Plan for the Primary Settlement District. The proposal offers a well designed project, which will create a "sense of place" for the County's expanding tourists oriented economic development strategy. The proposed development will have a neo-traditional town center as the centerpiece of the proposal. The expansion of the tourist sector of the County's economy serves a legitimate County interest. Mr. Mitchell reviewed the GDP and proposed proffers. Staff recommends approval of this rezoning with the proffers as presented. Applicant, Dogwood Development Group, LLC - Mr. Ray Smith: Mr. Smith provided a summary of his proposal and displayed slides. He also reviewed the master plan of the proposed town. Speaking in Favor: Archer DiPeppe, 436 Lexington Court: Mr. DiPeppe stated that Route 3 was already a mess and had several concerns for the project (i.e. water shortage, school shortage, developers figures). Renate Sager, 12720 Spotswood Furnance Road: Ms. Sager submitted a list of 16 neighboring residents supporting R02-08. She stated that she would rather shop within the County versus going to City of Fredericksburg. James Breakiron, 12720 Spotswood Furnance Road: Mr. Breakiron supports the project. Chris Sager, 12720 Spotswood Furnance Road: Ms. Sager supports the project. Susan Ackley, 12720 Spotswood Furnance Road: Ms. Ackley supports the project. Danny Pemberton (Spotsylvania County Land Owners Association - 112 members), 6206 Plank Road: Mr. Pemberton stated this project would bring much needed tax base to the County. It will help achieve the desired 70/30 mix. He feels this project will help preserve the history versus paving over it with by-right development. Charles Gatewood, 12710 Wesley Drive: Mr. Gatewood is a neighbor to the proposed project and feels it is best for the County. Helen Pemberton, 6206 Plank Road: Ms. Pemberton stated this project would generate positive tax revenue for the County. Albert Gentry, 9760 Courthouse Road: Mr. Gentry feels this project would help the needed tax revenues of the 3

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County. He stated we have been developing land for years, why stop now? Brad Church, 11211 Kingswood Blvd.: Mr. Church referenced growing up in Woodbridge. He stated that is what our future will be if we don't selectively pick developments that come in. Stuart Taylor, 8225 Courthouse Road: Mr. Taylor stated the County needs this commercial tax base. He feels it will be a positive impact on the County. Mary Wray, 330 Fairway Drive: Ms. Wray feels this project would be an asset for the County. James Kniseley, 9009 Snowy Egret Court: Mr. Kniseley stated the that Spotsylvanians need the new town. He feels the quality of life will improve by having such a quality community in our midst. Carol Kniseley, 9009 Snowy Egret Court: Ms. Kniseley stated this is an excellent model for smart growth. She feels that preservation and development could both exist. Marion Jacobeen, 526 Harrison Circle: Ms. Jacobeen stated she looks forward to shopping here. She uses Route 3 often. Virginia Taylor, 8225 Courthouse Road: Ms. Taylor feels this would be unique for our area and welcomes this project, especially since the County doesn't even have a Wal-Mart anymore. Frank Jacobeen, Jr., 526 Harrison Circle: Mr. Jacobeen stated this project preserves history, as well as provides much needed shopping. Anna Perez, 451 Laurel Avenue: Ms. Perez feels this is a well planned project that county residents would benefit from. Anthony Perez, 451 Laurel Avenue: Mr. Perez supports the project. Cindy Bergman, 1903 White Lake Drive: Ms. Bergman supports the project. She stated development is inevitable. She feels this has been well thought out and the tax base is needed for the County. Jennifer Malone, 603 Lamplighter Drive: Ms. Malone supports the project and feels it will prevent unorganized growth. Edna Bressler, 12301 Plantation Drive: Ms. Bressler stated the outer connector proposes to eliminate the site where her church sits. She feels this project would provide a great alternate location and would greatly benefit the young people. Rod Lyman, 115 Federal Road: Mr. Lyman stated this is a well planned project and feels it is good for our community. Ken Tilhman, 509 Mt. Pleasant Drive: Mr. Tilhman stated he was impressed with the proposal. He feels that Mr. Smith listened to the people and revised his plan to accommodate them. This project would provide a high quality of life for the residents and be a wonderful tourist attraction. Eric Carlson, 4208 Oakhill Road: Mr. Carlson supports the project. He feels this project provides character of a small town to our residents, as well as preserves the history in the area. Stefan Reiss, 3619 Carlyle Court: Mr. Reiss favors the project. JoAnn Ashton, 3166 Germanna Highway: Ms. Ashton stated the project supports the County's plan and feels it is needed for our tax base. Roger Goldsberry, 123 Winewood Drive: Mr. Goldsberry stated that the NPS could not buy all the land. He asked the County "to consider it's residents, not those speaking out of state/town". 4

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Robert Martin, 404 Cooper Street: Mr. Martin stated he likes living in Spotsylvania County because of it's history and feels this plan respects our history. This area will continue to grow and he would prefer this style. Joan Wiseman, 2500 Providence Creek Road, Richmond, VA: Ms. Wiseman stated the positive fiscal impact will benefit the County, encourage tourism and increase property values. Gloria Hinkle, 10717 Gordon Road: Ms. Hinkle stated this project is smart growth for revenue for the County plus help tourist attraction. It is a quality development. Leslie A. Dickerson, 5321 Massaponax Church Road: Mr. Dickerson feels this is a better project for the taxpayers versus the by-right option. Garrett Garner, 8113 Davmar Lane: Mr. Garner feels this is a better project than the by-right development. He would like to be the first to purchase a lot in this town. Michael Steele, 12201 Glade Drive: Mr. Steele favors the project. He feels it will provide economic development for the County. Nina Peace Stevens, 11343 Hanover Avenue: Ms. Stevens stated that the Park Service could not purchase all the land. This project preserves the history in our area. This plan is very impressive. William Pritchett, 9135 Pritchett Road: Mr. Pritchett favors the project. Daniel Miller, 2003 Woodlyn Drive: Mr. Miller stated he would love to live in this proposed town. It will provide the much needed revenue for the County. Mary Tibbatts, 11922 Woodland View Drive: Ms. Tibbatts stated that growth is inevitable. She feels this is wellplanned balanced growth. This project would benefit all residents. Claude Dunn, 9743 Elys Ford Road: Mr. Dunn discussed the history and asked the Commission to consider the rights of the individual residents. Herb Lux, 1 Hemlock Court: Mr. Lux stated that this proposal clearly surpasses the proffer guidelines, as well as the Comp Plan. The history has been preserved with this proposal. Pat Thorburn, 7412 Chancellor Road: Ms. Thorburn stated we can't stop growth nor take the County back to all rural, but our growth can be attractive and bring much needed revenue to the County like this one proposes. Allan Thorburn, 7412 Chancellor Road: Mr. Thorburn stated he likes this proposal. He would like to have a place within Spotsylvania County to purchase nails. M. R. Fulks, 1601 Belvedere Drive: Mr. Fulks stated "this is a no brainer". No one likes change. A lot of what we heard tonight will have to be addressed with or without this development. This proposal is a better quality of life for it's residents than the by-right development. This will benefit the entire County. Sam Spangler, 6 Olde Plantation Drive: Ms. Spangler stated this is the best project Spotsylvania County will ever see.

Speaking in Opposition: Nancy McNamara, 11506 General Wadsworth Drive: Ms. McNamara stated the process of speaking at Commission public hearings needs some attention. She submitted a petition of 85 opposing the project. She asked the County to consider "real infrastructure requirements and real revenue generation in their planning and voting". Who will build the schools? 5

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Charles Tuck, 11506 General Wadsworth Drive: Mr. Tuck stated the proposal is defective. He stated the capital requirements fall short. Water is not a free resource. Mary Jane King, 11102 Fawn Lake Parkway: Ms. King stated that Dr. Fuller's economic assessment is full of holes. She suggests that Mr. Smith post a performance bond to ensure the taxpayers of his shortfall projections. Dorothy Miller, 10710 Perrin Circle: Ms. Miller stated the County is thinking of desecrating the site of the South's greatest victory. She stated that nobody wanted to see a national treasure turned into Disneyland. She stated that Central Park was suppose to be a town and instead it is a mess. Paul Lewis (Rappahannock Area Grassroots, 519 Willis Street: Mr. Lewis stated that the County does not exist to make one or two even richer than they currently are. Caroline Hayden (Spotsylvania Preservation Foundation), P. O. Box 1875, Spotsylvania, VA: Ms. Hayden submitted a letter for the record. She stated while the proposal suggests some interesting opportunities for new, all inclusive community concept - work, leisure, living - the project's location on historic ground as well as its close proximity to the FredericksburgSpotsylvania National Military Park is unacceptable and imprudent. Much of this land is National Register eligible as either part of the main battlefield or an integral part of the Lick Run Element. She has concern of the Fiscal Impact Analysis glowing predictions. She also stated that extending the water/sewer infrastructure far more than is needed for this project is a formula for sprawl that will all but obliterate the National Park that thousands of tourists come to visit annually. Diane Kuechler (Concerned Citizens of Spotsylvania): Ms. Kuechler submitted a letter for the record. She referenced many rezoning projects that have never materialized after the request was granted. We have no guarantee that this project will be developed as it is proposed. Mr. Smith himself stated that without the Outer Connector the commercial portion of the development would not be feasible. With no funding at the state level, the Outer Connector may never be built. The Courthouse Bypass has been in the works for more than 20 years and VDOT is still in the process of purchasing easements for the road. She asked the Commission to remember "you don't know what you've got until it's gone". Bob Sargeant (Spotsylvania to Stop Sprawl Group), 437 Laurel Avenue: Mr. Sargeant stated for the County not to hide behind their Comprehensive Plan. He referenced lawsuits in King George County's Haymount Project and their Comprehensive Plan. He referenced family ancestors fought in these wars. He stated concerns with traffic and school buildings. Carroll Hayden, 4199 Guinea Station Road: Mr. Hayden stated this project will conflict with neighbors that value their heritage. Our duty is to preserve this history for America, not destruct it. A vote for this project is a vote for sprawl. He also has concerns for the schools, traffic and fire and rescue. Hap Connors, (Coalition to Save the Battlefield) 13705 General Slocum Court: Mr. Connors stated he was concerned with the quality of life issues. He asked the County not to listen to the out of town developer more than it's citizens within the County. Jim Campi (Civil War Preservation Trust), Washington DC: Mr. Campi stated he opposes the project due to the history of the land. Sandy Rives (National Park Service), 120 Chatham Lane: Mr. Rives stated he has provided a letter to the County. He asked for pause so that the County and Park Service could workout the profound issues that have been raised. He seeks protection of the valued lands that thousands come to visit. David Nordquist, 9102 Davmar Lane: Mr. Nordquist asked why would we want Reston in Spotsylvania. A town should not be developed in a rural setting. He feels this will look like Disneyworld. He also asked about the capital costs associated with the school and library buildings. Robert Hodge (Spotsylvania Education Association), 2321 Cowan Blvd.: Mr. Hodge referenced the history in the area and the need to protect Chancellorsville. Salem Church Battlefield is gone. The Park Service land generates revenue as well. Merritt Woznick, 12826 Pelham Drive: Ms. Woznick stated that this project will greatly impact sprawl. The schools are 6

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already overcrowded. Mr. Smith needs to pay for the capital costs associated with these service buildings as well (i.e. schools, libraries, fire and rescue). If it is true that this development pays for itself then Northern Virginia should be paying for itself. Ted Kamieniak, 13705 Flank March Lane: Mr. Kamieniak referenced the history at Chancellorsville. He stated "he didn't know that all the blood lost in our County was shed for neo-traditional planning and development". He feels we owe it to our nation to keep an eye on Chancellorsville. Jim Grau, 10749 Greenbriar Lane: Mr. Grau stated this is not the right location for this project. He feels this project will lead to more budget problems for taxpayers. Kevin Leahy, 10731 Allie Drive: Mr. Leahy asked what the County is doing to keep their businesses. He referenced the many businesses that have gone to the City. He is concerned with the history importance with this development. James Anderson, 10704 Ann Davis Drive: Mr. Anderson stated he was concerned with the expansion of the Primary Settlement District. He referenced the Motts Run watershed. He also had traffic concerns. James Howdershelt, 11581 Arend Court: Mr. Howdershelt asked for denial. He feels the taxes will go up and the services will go down. John Adams, 11817 Duck Circle: Mr. Adams, a University of Maryland economist, stated he had crunched the numbers on his own and concluded "there are no discernable benefits to the current population". He suggested the County do their own analysis. Joseph McLinden, 11000 Beverlys Ford Court: Mr. McLinden opposes the project. He referenced traffic and water concerns. Harry Payne, 12202 Glade Drive: Mr. Payne opposes the project. He stated not all residents would work and live in this town. The jobs this town will generate will not provide the salaries to own the homes there. The proposed commercial is great, but not reality. The County has a tremendous amount of sitting commercial. Dan Nickelson, 11005 Farmview Way: Mr. Nickelson stated that this needs some critical evaluation from our County officials. He referenced the "no vote on roads" yesterday. Chana Drive, 103 Winewood Drive: Ms. Drive stated her children already are on the school bus for two (2) hours a day and does not support more residents until this issue can be resolved. This is a hardship on families. If this goes through, their high school children will attend the new high school versus her children in Locust Grove. Carol Smith, 13010 Spotswood Furnance Road: Ms. Smith stated the Spotsylvania County residents are not Northern Virginians. This is not a good project for our families. She questions Dogwood's numbers and why the name "Chancellorsville" was chosen for this project. Richard Domikis, 12915 Spotswood Furnance Road: Mr. Domikis stated he was disappointed with the vote on not to allow alternate speakers tonight. He stated he has quality of life concern. Stavroula Conrad (President, Community Supported Organic Farm Coalition), P. O. Box 340, Hartwood, VA: Mr. Conrad read several sprawl quotes. He stated that people, not developers, built cities and towns. John Cummings, 10408 Meadowlark Lane: Mr. Cummings urges denial. He stated this would be the death to our historical viewshed. The County prides itself on these non-renewable resources. He referenced the Comprehensive Plan and Salem Church. He stated this is not inevitable. Tom Van Arsdall, 13605 McLane Place: Mr. Van Arsdall stated he cares a lot about the Rappahannock River and its watershed. He views this as a precedent for explosive growth. He asked if the County wants a new town with new residents or does it care about it's existing residents. He stated that Mr. Silver didn't hold Central Park hostage for residential. Nancy LuCale, 13603 McLane Place: Ms. LuCale stated that Spotsylvania would soon be Smithville or Smithsylvania like 7

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the City of Fredericksburg is Silverburg. She feels the developer does not live in Spotsylvania, how could he know what's best for it's residents. She lives in the Rappahannock watershed and feels this project would greatly impact that. David Beiler, 132 Kings Hill Road, Falmouth, VA: Mr. Beiler stated this will not only impact Spotsylvania, but the region. He stated that Dr. Fuller's analysis is not realistic. He stated the vast majority of residents work in Northern Virginia, not here. Clifford Hagen, 10220 Tidewater Trail: Mr. Hagen referenced traffic concerns. He stated nothing was free and he feels the citizens will ultimately pay. Henry Wilcox, 7616 Po River Drive: Mr. Wilcox expressed growth concerns. He stated it would be ridiculous to build homes over our history. David Wilcox, 7616 Po River Drive: Mr. Wilcox stated he was a Spotsylvania High School student that hopes to show his children the Chancellorsville Battlefield one day. He asked the County to try to keep it. Don Robinson, 10709 Perrin Circle: Mr. Robinson stated that he is concerned with the adverse impact on the infrastructure and the costs to the citizens, schools, traffic and County services. He also stated that Dogwood's revenue projections are not realistic. Mr. Ervin closed the public hearing. Mr. Smith stated with respect to the late hour, all his consultants are here should the Commission have any questions. He referenced that many attempts have been made for citizen input and revisions made to accommodate those requests. He respectfully asked for approval. Mr. Montgomery asked staff to provide some input on the following: § § § § Provide a baseline of by-right development versus the proposed town. What role will the Outer Connector play in this development proposal? Route 3 traffic concern. Impact on County's water and sewer systems.

Mr. Montgomery stated he is not comfortable voting this tonight. There is still input to be considered. Motion and vote: Mr. Sorrell made a motion, seconded by Mr. Pohanka, to approve R02-08 with revised proffers as referenced in memo from Dogwood dated November 6, 2002. The motion passed 5-2 (Mr. Ervin and Mr. Montgomery voted no). Mr. Pohanka stated staff could provide this information to the Board for their public hearing. The applicant has exceeded the proffer guidelines. Mr. Marcus had worked on this project for a long period and held two informational meetings. Mr. Pohanka felt that Mr. Marcus should have the opportunity to hear the case.

Adjourned: The meeting adjourned around 12:45 a.m. ____Tracey L. Fleming ___________________________ Tracey L. Fleming, Planning Commission Secretary

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Planning Commission Minutes Approved: ______November

November 6, 2002

21, 2002 ________________

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